Ordinance 355800006.900000
WSS /amg
7/21/05
Council, and
ORDINANCE NO. 3558
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING A ZONING MORATORIUM ON
THE ISSUANCE OF DEVELOPMENT PERMITS FOR
CERTAIN USES IN THE CG AND CG -2 ZONE, SETTING A
DATE FOR A PUBLIC HEARING, PROVIDING FOR ITS
EXPIRATION, DECLARING AN EMERGENCY AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the City's Highway 99 Task Force has made its report to the City
WHEREAS, the report emphasizes that CG and CG -2 zones along Highway 99
provide an important revenue tax base for the City and should be the site of potential economic
growth, and
WHEREAS, the commercial zones were designed with a minimum limitation on
the uses allowed in order that the allocation of business uses would be determined by economic
and market forces, and
WHEREAS, one unintended consequence of this action has been the proliferation
of uses which do not provide sales tax and an adequate revenue base for the City but rather
restricts it, such uses including mobile home parks, storage and mini - storage facilities and
ground floor residential development, and
WHEREAS, such uses conflict with and limit the establishment of businesses
which the City seeks to attract and thereby impair the City's economic development efforts and
tax base, and
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WHEREAS, the City Council acknowledges the limitations on its ability to
eliminate manufactured housing communities or mobile home parks in accordance with RCW
35A.63.146, and
WHEREAS, the City Council finds that the current situation constitutes an
emergency requiring immediate action in order to preserve prime commercial development
property within the City, and
WHEREAS, pursuant to the authority granted by the Growth Management Act
and RCW 35A.63.220, the City wishes to enact its own moratorium on the issuance of
development permits for such uses in order to permit an opportunity for the Planning Board to
consider and allocate these problematic uses to other appropriate zones within the City, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. A zoning moratorium is hereby declared on applications for
development permits, including but not limited to building permit, architectural design board
and /or conditional use permits applications as well as applications for land clearing in advance of
such development permit applications, for the following proposed uses in the CG and CG -2
zones: storage, mini - storage, mobile home parks or manufactured housing communities and
mixed use development applications which include ground floor residential uses.
Section 2. This moratorium is an enactment of an interim zoning measure or
moratorium governed by the provisions of RCW 35A.63.220. In accordance with the
requirements of this statute, a public hearing is hereby called for the 6th day of September, 2005,
said date being not more than sixty (60) days following the enactment of this zoning moratorium.
{WSS607674.DOC;1/00006.900000/} - 2 -
Section 3. Unless extended following public hearing by an act of the City
Council, this moratorium shall expire six (6) months after its effective date.
Section 4. Declaration of Emergency. The continuing erosion and limitation of
the City's revenue tax base, as well as the severe financial constraints under which the City is
operating, constitute the basis for the City Council's determination that enactment of this
ordinance is and should be an emergency measure. Upon the vote of a super majority of the City
Council, this ordinance shall be effective as provided in Section 4 below.
Section 5. Effective Date. This ordinance has been adopted as an emergency
measure on the affirmative vote of super majority of the City Council and shall be effective
immediately upon and after its passage.
APPROVED:
MAYOR ARY AA ENSON
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY ( S�&&
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 07/29/2005
PASSED BY THE CITY COUNCIL: 08/02/2005
PUBLISHED: 08/07/2005
EFFECTIVE DATE: 08/02/2005 (Emergency measure effective immediately upon passage.)
ORDINANCE NO. 3558
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SUMMARY OF ORDINANCE NO. 3558
of the City of Edmonds, Washington
On the 2nd day of August, 2005, the City Council of the City of Edmonds, passed
Ordinance No. 3558. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING A ZONING
MORATORIUM ON THE ISSUANCE OF DEVELOPMENT PERMITS FOR CERTAIN
USES IN THE CG AND CG -2 ZONE, SETTING A DATE FOR A PUBLIC HEARING,
PROVIDING FOR ITS EXPIRATION, DECLARING AN EMERGENCY AND PROVIDING
FOR AN IMMEDIATE EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 3rd day of August, 2005.
Jt/A,rteGw.. / u "r-e-
CITY CLERK, SANDRA S. CHASE
(WSS607674.DOC;1/00006.900000/) - 4 -
Affidavit of Publication
STATE OF WASHINGTON, S.S.
COUNTY OF SNOHONHSH
SUMMARY OF ORDINANCE N0.3558 w ,
o t e ity o mon
The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk
s, as mgton
On the 2nd day of August, Zoos, the City Council of the
City of Edmonds, passed Ordinance No.
of THE HERALD, a daily newspaper printed and published in the City of Everett, County of
3556. A summary of
the content of said ordinance, consisting of the title, provides
.as follows:
Snohomish, and State of Washington; that said newspaper is a newspaper of general
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING-
ITON, ADOPTING A ZONING MORATORIUM
circulation in said County and State; that said newspaper has been approved as a legal
ON THE IS-
CIN I
newspaper by order of the Superior Court of Snohomish County and that the notice
THE CG AND CG 2 ZONE,
USES DATE
FOR SETTING CA
FOR A PUBLIC HEARING, PROVIDING FOR
of Ordinance No. 3558
ITS EXPIRA. I
TION, DECLARING AN EMERGENCY AND PROVIDING
FOR AN IMMEDIATE EFFECTIVE DATE
The full text of this Ordinance will be mailed upon request. City Of Edmonds
DATED this 3rd day of Au ust, 2005.
Published: August 7, 2005 CITY CLERK, SANDRA S. CHASE
I
IRECEIVED
R3 1 12005
EDMONDS CITY CLERK.
a printed copy of which is hereunto attached, was published in said newspaper proper and not
in supplement form, in the regular and entire edition of said paper on the following days and
times, namely:
August 07, 2005
and that said newspaper was regu,ariy distributed to its subscribers during all of said period.
Subscribed and smVm to before me this
day of August, 2005
County.
for the State of
8th
�r
residing at veret , Snohp�C
P A 9- 7 7.20og
�F
OF WASN�NG`
Account Name: City of Edmonds Account Number: 101416 Order Number. 0001316233