Ordinance 4255ORDINANCE NO. 4255
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 ORDINANCES 4253
AND 4254.
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 designated 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 design standards; and
WHEREAS, city staff drafted interim design standards to address this concern; and
WHEREAS, interim zoning design standards 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, Ordinance 4253 was intended to allow staff time to research the history of
the BD zones and the designated street front; and
WHEREAS, that research led to a heighted understanding of the intent behind the BD
designated street front map and the BD permitted use table; and
WHEREAS, the history suggests that what was seen in 2011 as the logical limits of the
downtown commercial core may no longer fit the circumstances of 2022 due to the fact that
certain blocks are showing vibrant commercial activity right up to the edges of the designated
street front map; and
WHEREAS, the BD2 subdistrict has been described as Downtown Mixed Commercial
since at least 2008, which description was confirmed in 2013 with the adoption of Ordinance
3918; and
WHEREAS, the city council would like more time to consider whether it is appropriate
to encourage the continued vibrancy of the downtown commercial core by expanding the limits
of the designated street front map to require at least some commercial use of new structures
within a possible expansion area; 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, Ordinance 4254 extended the moratorium through May 19, 2022, but did
not pass with sufficient margin to take immediate effect; and
WHEREAS, an extension of the moratorium until June 2, 2022 would allow city staff
analyze possible extensions of the designated street front and report back to the city council no
later than May 17, 2022, with the contemplated council action to adopt any appropriate
designated street front revisions on May 24, 2022 in conjunction with a lifting of the
moratorium; 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 Ordinances 4253 and 4254 is hereby further extended to remain in effect through
June 2, 2022.
Section 2. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
PA
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 Emer enc . 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
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.
APPROVED:
I
MAY MIKE NELSON
ATTEST/AUTHENTICATED:
CLERK, SCC T,�XSSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADA
FILED WITH THE CITY CLERK: April 17, 2022
PASSED BY THE CITY COUNCIL: April 21, 2022
PUBLISHED: April 25, 2022
EFFECTIVE DATE: April 21, 2022
ORDINANCE NO. 4255
4
SUMMARY OF ORDINANCE NO.4255
of the City of Edmonds, Washington
On the 21" day of April, 2022, the City Council of the City of Edmonds, passed Ordinance No.
4255. 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 ORDINANCES 4253
AND 4254.
The full text of this Ordinance will be mailed upon request.
DATED this 21" day of April, 2022.
Y CLERK,5CO ASSEY
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
or 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 or Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH953211 ORDINANCE 4255,
4256 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
issue(s), such publication commencing on
04/25/2022 and ending on 04/25/2022 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount o the fee for su publication is
$37.94.
Subscribed and sworn
day of
befo me on this
ti
/I�l�iln _
-)
Nyfary Public in and for the State of
Washington.
City dEdmonds -LEGAL ADS 114101416
scorr PAssEY
Linda Phillips
Notary Public
E
e of Washington
tment Expires 8/29/2025
ssion Number "17
Classified Proof
ORDINANCE SUMMARY
of the City of Edmonds, Washington
On the 21st day of App�nI, 2022, the Cigr Counctl of the Ciry of
Edmonds, passed the following OfdlneflCas, the summaries of aatd
ordinances consisting of lives are �rov ldod a%follows
ORDINANCE ,04455
AN ORDINANCE OFT HE F I I Y vi- huMLM DS. 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 9Y
ORDINANCES4253 AND 4254.
ORDt NA NCE N0. 4256
AN ORDINANCE OF r��NDS, WASHINGTON,
ESTASLISHINf3 1HTERIM DESIGN STANDARDS FOR STAND-
ALONE MULTIPLE DWELLING BUILDtNO5 1N THE 602 ZONE,
SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE
INTERIM STANDARDS.
The full text oflhese 0joinancoa will be sent upon retlkMV.
DATED this 21 st Day of April, 2022.
CITY CLERK. SCOTT PASSE
Published: April 25, 2022. EDH953211
Proofed by Phillips, Linda, 04/25/2022 01:18:20 pm Page: 2