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Ordinance 4254ORDINANCE NO.4254 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, EXTENDING THE MORATORIUM ON THE ACCEPTANCE OF BUILDING PERMIT APPLICATIONS FOR BD2 ZONED LOTS THAT DO NOT FRONT ON A DESIGNATED STREET FRONT AS IMPOSED BY ORDINANCE 4247 AND EXTENDED BY ORDINANCE 4253. WHEREAS, the Edmonds Community Development Code identifies certain portions of certain streets in the Downtown Business (BD) zones as designated street fronts; and WHEREAS, pursuant to ECDC 16.43.030.B.2, Map 16.43-1 shows the streets that define the designated street front for all properties lying within the BD zones; and WHEREAS, the development regulations in the Downtown Business (BD) zones can vary depending upon whether the subject property fronts on a designed street front; and WHEREAS, there is concern that the existing development regulations in the BD2 zone may not regulate proposed development in a manner that would produce development projects that reflect community values or that was intended by the previous city councils; and WHEREAS, this concern was proposed to be addressed, initially, through the adoption of interim zoning regulations; and WHEREAS, city staff drafted interim zoning regulations to address this concern; and WHEREAS, those interim zoning regulations have been presented to the city council for consideration; and WHEREAS, RCW 36.70A.390 authorizes the city council to adopt an immediate moratorium for a period of up to six months without holding a public hearing on the proposal provided that a public hearing is held within at least sixty days of its adoption; and WHEREAS, the city council adopted Ordinance 4247 to impose a two -month moratorium on the acceptance of building permit applications for any property in the BD2 zone that does not front on a designated street front; and WHEREAS, a public hearing on the moratorium was held on April 5, 2022; and WHEREAS, the moratorium was originally scheduled to expire on April 15, 2022; and WHEREAS, the moratorium was extended through April 21, 2022 by virtue of Ordinance 4253; and WHEREAS, having considered the matter and having heard from the public, the city council is directing that additional work be done on the interim regulations for BD2; and WHEREAS, a second short extension of the moratorium would allow city staff to draft an interim zoning ordinance to extend the designated street front in lieu of the interim design standards that staff had originally prepared for council review on April 5, 2022 and April 19, 2022; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS FOLLOWS: Section 1. Moratorium Extended. The moratorium imposed by Ordinance 4247 and extended by Ordinance 4253 is hereby further extended to remain in effect through May 19, 2022. Section 2. SeveraIf any section, sentence, clause or phrase of this ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 3. Declaration of Emergency. This ordinance, being an exercise of a power specifically delegated to the city council, is not subject to referendum. Because it is not subject to referendum, RCW 35A.12.130 applies. Pursuant to RCW 35A.12.130, this ordinance shall take effect immediately upon passage by a majority vote plus one of the whole membership of the city council. The city council hereby declares that an emergency exists necessitating that this ordinance take immediate effect. Without an immediate extension of the moratorium on the city's acceptance of the building permit applications described herein, such applications could become vested, leading to the development of property that is not consistent with the city's values and vision for the BD2 zone. Therefore, the moratorium must be extended as an emergency measure to protect the public health, safety, and welfare, and to prevent the 2 submission of building permit applications to the city in an attempt to vest rights. This ordinance does not affect any existing vested rights. Section 4. Publication. This ordinance shall be published by an approved summary consisting of the title. Section 5. Effective Date. This ordinance is not subject to referendum and shall take effect and be in full force and effect immediately upon passage, as set forth herein, as long as it is approved by a majority plus one of the entire membership of the Council, as required by RCW 35A.12.130. If it is only approved by a majority of the Council, it will take effect five days after passage and publication. APPRO MAYOR )Oil KE NELSON ATTEST/AUTHE ATED: CL RK,SCO SEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARAD Y FILED WITH THE CITY CLERK: April 19, 2022 PASSED BY THE CITY COUNCIL: April 19, 2022 PUBLISHED: April 22, 2022 EFFECTIVE DATE: April 27, 2022 ORDINANCE NO. 4254 SUMMARY OF ORDINANCE NO. 4254 of the City of Edmonds, Washington On the 19t" day of April, 2022, the City Council of the City of Edmonds, passed Ordinance No. 4254. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, EXTENDING THE MORATORIUM ON THE ACCEPTANCE OF BUILDING PERMIT APPLICATIONS FOR BD2 ZONED LOTS THAT DO NOT FRONT ON A DESIGNATED STREET FRONT AS IMPOSED BY ORDINANCE 4247 AND EXTENDED BY ORDINANCE 4253. The full text of this Ordinance will be mailed upon request. DATED this I9t" day of April, 2022.� Y CLERK, SCO ASSEY 4 Everett Daily Herald Affidavit of Publication State of Washington }. County of Snohomish } ss Michael Gates being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a trite copy of ED11953032 ORDINANCE 4254 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issuc(s), such publication commencing on 04/22/2022 and ending on 04/22/2022 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount the fee for s h publication is 525.80. Subscribed nd sworn �% _ day of be me on this NottYry Public in and for the State of Washington. City of Edmonds - LEGAL ADS 1 14101416 SCOITPASSCY Linda Phillips r Notary Pu IIC State of Washington t My Appointment Expires 812912025 Commission Number 4417 Classified Proof ORDINANCE SUMMARY of the city d! Edmonds. washliripm OA She ISth day of April, 20x2. In! CRy ee."C'l of the City of Edmonds, pas�ad Shy following Ordinance, the summary of said ordmsnco wn 1dhgof tit is provided as follows: ORDINANCE HO. 425d AN ORDINANCE OFDS. WASHINGTON. EXTENDING THE MORATORIUM ON THE ACCEPTANCE OF BUILDING PERMIT APPUCATiONs FOR BD2 ZONED LOTS THAT DO NOT FRONT ON A DESIGNATEO STRSET FRONT AS imposED BY ORDINANCE 4247 AND EXTENDED BY ORDINANCE 425d. CI DATED ER , S OT oI April, 2022. CITY CLERK, SCOTT PASSEY Published: April 22. 2022. EDR953032 Proofed by Phillips, Linda, 04/22/2022 01:40:13 pm Page: 2