Resolution 590WSS:jt
6/6/84
RESOLUTION NO. 590
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDMONDS, WASHINGTON, AMENDING SECTION 1 OF
RESOLUTION NO. 428, PASSED BY THE CITY COUNCIL
ON FEBRUARY 27, 1979, AND AMENDED BY SECTION 1
OF RESOLUTION NO. 431, PASSED BY THE CITY
COUNCIL ON APRIL 3, 1979, AND BY SECTION 1 OF
RESOLUTION NO. 587, PASSED BY THE CITY COUNCIL
ON APRIL 17, 1984, TO ALLOW CITY DEPARTMENTS
AND OFFICIALS TO PROCESS AND APPROVE ANY
APPLICATION PRELIMINARY TO CONSTRUCTION WITHIN
THE MEADOWDALE AREA OF EDMONDS, INCLUDING BUT
NOT LIMITED TO BUILDING PERMITS, BUT PROVIDING
THAT NO PERMIT SHALL BE ISSUED UNTIL THE
ORIGINAL MORATORIUM HAS BEEN LIFTED.
WHEREAS, the City Council on February 27, 1979,
enacted Resolution No. 428 which imposed a moratorium on the
issuance of all building permits and approvals of planned
residential developments, subdivisions and short subdivisions
in the Meadowdale area of Edmonds, and
WHEREAS, said moratorium was and is necessary to the
best interest of the public health, safety and general welfare
because of the high potential for landslides in the area due
to steep slopes, sand and clay formations and the quantities
of ground water percolating through the soil due to the lack
of storm and sanitary sewers, and
WHEREAS, the construction of additional dwelling units
in the area appreciably affects the quantity of ground water
and the soil stability in the area and therefore must be
prohibited until an adequate storm and sanitary sewer system
is installed, thereby reducing the quantity of ground water
percolating through the soil and the likelihood of landslide
and other related health problems, and
WHEREAS, the City Council has by Resolution No. 431
amended Section 1 of Resolution No. 428 permitting City
departments and officials to issue building permits for
construction so long as the permits do not authorize or enable
the construction of additional dwelling units that would add
to the quantity of ground water percolating into the soil, and
WHEREAS, the City Council on April 17, 1984, further
amended Resolution No. 428 to allow City departments and
officials to process and approve applications for subdivisions
and short subdivisions in the Meadowdale area of Edmonds, and
WHEREAS, Local Improvement District No. 210 was
created by Ordinance No. 2237, passed by the City Council on
September 29, 1981, pursuant to which a contract for the
construction of sanitary and storm sewers in the Meadowdale
area has been awarded, and
WHEREAS, the construction under said Local Improvement
District is projected to be completed in the late summer of
1984 and
WHEREAS, the processing of building permit applica-
tions for new and additional dwelling units within the
Meadowdale area will not affect the intent of the moratorium
as created under Resolution No. 428, 431 and 587 provided that
no permit is actually issued for the construction of any
additional dwelling unit in the area, now, therefore,
- 2 -
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
Section 1. Section 1 of Resolution No. 428 passed by
the City Council on February 27, 1979, as amended by
Resolution No. 431, passed by the City Council on April 3,
1979, and further amended by Resolution No. 587, passed by the
City Council on April 17, 1984, is hereby further amended to
read as follows:
Section 1, No City department or official shall
finally approve any application for any building
permit or application for approval of a planned
residential development which has been filed with
the City on or after February 27, 1979, for that
area commonly known as the Meadowdale area, located
generally north of 168th Street S.W. and more
particularly depicted on the map which is labeled
Exhibit A and attached to this Resolution and
incorporated by reference as fully as if herein set
forth, until the study authorized hereinafter is
completed and the remedial action is enacted;
provided, however, that this section shall not
apply to building permits for construction which do
not add an additional dwelling unit or units to
those existing prior to February 27, 1979, and
provided further however, that this section shall
not apply to subdivision and short subdivision
applications, nor shall it be deemed to prohibit
the acceptance, processing and consideration of
applications for any building permit or planned
residential development with the express
understanding and acknowledgement by the applicant
that no permit shall be issued nor construction of
any additional dwelling unit within the described
area approved until such time as the referenced
remedial action shall have been completed and
accepted by the City Council and this moratorium
lifted.
Any plat or short plat for property in the subject
area submitted for recording by the Snohomish
County auditor shall set forth on its face the
following covenant:
No building permit or planned residential
development shall be approved by the City of
- 3 -
Edmonds while Resolution No. 428, passed on
February 27, 1979, as subsequently amended,
remains in effect.
Section 2. It is the stated intention of the City
Council that building permit applications and applications for
approval of planned residential developments will be accepted
under the provisions of this amendment and processed but not
issued as an accommodation to the owners of property within
the Meadowdale area. Nothing herein shall be deemed nor
construed to provide for the actual issuance of a building
permit or to require the approval of any permit or planned
residential development until such time as the City Council
shall consider and approve the lifting of this moratorium.
Persons applying for such permits or planned residential
development approval do so at their own risk and expense. The
City staff is instructed to note on the face of any such
application received for properties within the moratorium area
that the application is being accepted for processing only,
and that no permit will issue until the moratorium is lifted.
RESOLVED this 11th day of June , 1984.
FILED WITH THE CITY CLERK: June 7, 1984
PASSED BY THE CITY COUNCIL: June 11 , 1984
RESOLUTION NO. 590
— 4 —