Loading...
Ordinance 4124ORDINANCE NO. 4124 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO RESIDENTIAL UNITS IN THE BD ZONES, ESTABLISHING AN IMMEDIATE EMERGENCY MORATORIUM ON THE PERMITTING, SITING, ESTABLISHMENT AND CONSTRUCTION OF ANY NEW RESIDENTIAL UNITS WITHIN THE BD ZONES THAT DO NOT PROVIDE AT LEAST ONE PARKING SPACE PER DWELLING UNIT, TO BE IN EFFECT UNTIL THE CITY OF EDMONDS ADOPTS ZONING REGULATIONS ADDRESSING SUCH USES, SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE MORATORIUM, ESTABLISHING THE DATE OF THE PUBLIC HEARING ON THE MORATORIUM AND DECLARING AN EMERGENCY. WHEREAS, the City recently approved an application for a new 9-unit apartment building that did not provide any vehicle parking on site; and WHEREAS, the zoning code for the BD zones currently exempts buildings with a footprint (not total area) of less than 4800 sq. ft. from the City's normal on -site parking requirements; and WHEREAS, the City considers it likely that development permit applications could become vested soon which would permit additional residential units that would not provide on - site parking; and WHEREAS, the City is questioning whether this exemption should continue to be allowed for residential buildings and residential portions of buildings; and WHEREAS, the Edmonds City Council therefore believes a moratorium to preserve the status quo is necessary, until the Edmonds City Council can study, hold public hearings, deliberate, and adopt appropriate regulations to address such residential structures or units; and WHEREAS, the Edmonds City Council does not have sufficient information to consider the impacts of and the options to allowing additional residential structures or units that do not provide parking; and WHEREAS, Section 36.70A.390 of the Revised Code of Washington 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, WHEREAS, the City Council desires to impose an immediate six-month moratorium on the acceptance of any development permit application for the permitting, siting, establishment or construction of any residential structures or units in the BD zones that do not provide parking on - site; NOW, THEREFORE, 1 THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS FOLLOWS: Section 1. Purpose. The purpose of this moratorium is to allow the City adequate time to study the impacts associated with the permitting, siting, establishment or construction of residential structures and units in the BD zones that do not provide parking on -site and to consider options for imposing new requirements for residential units and their associated parking in the BD zones. The City's goal is to ultimately draft zoning regulations to address such structures and units in the BD zones, to hold public hearings on such draft regulations, and to adopt such regulations. Section 2. Moratorium Imposed. The City Council hereby imposes an immediate six- month moratorium in the BD zones on the acceptance of all development permit applications to permit, site, establish or construct residential structures or units that do not provide at least one on - site parking space per residential unit. This moratorium shall apply equally to new residential structures, residential additions to existing structures, and changes of use to residential within existing structures. Section 3. Duration of Moratorium. The moratorium imposed by this Ordinance shall commence on the date of the adoption of this Ordinance. As long as the City holds a public hearing on the moratorium and adopts findings and conclusions in support of the moratorium (as contemplated by Section 4 herein), the moratorium shall not terminate until six (6) months after the date of adoption, or at the time all of the events described in Section 1 have been accomplished, whichever is sooner. The Council shall make the decision to terminate the moratorium by ordinance, and termination shall not otherwise be presumed to have occurred. Section 4. Public Hearing on Moratorium. Pursuant to RCW 36.70A.390 and RCW 35A.63.220, the City Council shall hold a public hearing on a moratorium within sixty (60) days of its adoption. In this case, the hearing shall be held on September 25, 2018 unless the City 2 Council, by subsequently adopted resolution, provides for a different hearing date. No later than the next Council meeting immediately following the hearing, the City Council shall adopt findings of fact on the subject of this moratorium and either justify its continued imposition or cancel the moratorium. Section 5. 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 invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 6. Declaration of Emergency. The City Council hereby declares that an emergency exists necessitating that this Ordinance take effect immediately upon passage by a majority vote plus one of the whole membership of the Council, and that the same is not subject to a referendum (RCW 35A.12.130). Without an immediate moratorium on the City's acceptance of development permit applications, such applications could become vested, leading to the construction or establishment of additional residential units in the BD zones which do not provide on -site parking. Therefore, the moratorium must be imposed as an emergency measure to protect the public health, safety and welfare, and to prevent the submission of applications to the City in an attempt to vest rights for an indefinite period of time. This Ordinance does not affect any existing vested rights. Section 7. Publication. This Ordinance shall be published by an approved summary consisting of the title. Section 8. Effective Date. This Ordinance 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. 3 APPROVED: 1 • PTA YOR DAVE EARLING "ATTEST/AUTHED: SEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY F TARADAY FILED WITH THE CITY CLERK: August 17, 2018 PASSED BY THE CITY COUNCIL: August 21, 2018 PUBLISHED: August 26, 2018 EFFECTIVE DATE: August 21, 2018 ORDINANCE NO. 4124 .19 SUMMARY OF ORDINANCE NO.4124 of the City of Edmonds, Washington On the 21st day of August, 2018, the City Council of the City of Edmonds, passed Ordinance No. 4124. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO RESIDENTIAL UNITS IN THE BD ZONES, ESTABLISHING AN IMMEDIATE EMERGENCY MORATORIUM ON THE PERMITTING, SITING, ESTABLISHMENT AND CONSTRUCTION OF ANY NEW RESIDENTIAL UNITS WITHIN THE BD ZONES THAT DO NOT PROVIDE AT LEAST ONE PARKING SPACE PER DWELLING UNIT, TO BE IN EFFECT UNTIL THE CITY OF EDMONDS ADOPTS ZONING REGULATIONS ADDRESSING SUCH USES, SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE MORATORIUM, ESTABLISHING THE DATE OF THE PUBLIC HEARING ON THE MORATORIUM AND DECLARING AN EMERGENCY. The full text of this Ordinance will be mailed upon request. DATED this 22nd day of August, 2018. ITY CL PASSEY 5 Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Dicy Sheppard 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 true copy of EDH823144 ORDINANCE 4122-4125 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 08/26/2018 and ending on 08/26/2018 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for such publication is 572.24. �Q Subscribed and sworn before me on this C r- day of &' , -Zi Notary Public in an for the State of Washington. City of Edmonds - LEGAL ADS 114101416 SCOTT PASSEY AUBREY KNAP� Notary Public State of Washington MY commission Expires July 30, 2022 Classified Proof ORDINANCE SUMMARY piths Glry of Eema+ds. Wuehinplpn On the 2"L Day of Aupu6f, 2018. 1hE Clly Gounell of the Ctty of Edmpndi, p8 d ltl6 fpgowinp OlpinAnCBB, the 41r11medBE of uld pfdlnellP.C6 Cpit%k%UnR Qf'Itt. dfp pfpY lde+1 as to Sows ORDINANCE NO 4122 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON AMENDING CHAPTER 8.48 OF THE EDMONDS CITY CODE REGARDING ENFORCCMENT OF RESTRICTION OF PARKING TIME AT FOURTH AVENUE SOUTH PURL IC PARKING LOT ORDINANCE NO. A 123 AN ORDINANCE OF THE CITY OF EDMONDS. WASHINGTON ADOPTING THE 2058 AMENDMENTS TO THE CITY COMPRFHENSIVE PLAN: AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE, ORDINANCE NO 4124 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO RESIDENTIAL UNITS IN THE BO ZONES, ESTASLY"ING AN IMMEDIATE EMERGENCY MORALORIUM ON THE PERMITTING; SITING ESTABUSHNIENT AND CONSTRUCTION OF ANY NEW RESIDENTIAL UNITS WITHIN THE RO ZONES THAT DO N01 PROVIDE AT LEAST ONE PARKING SPACE PER DWELLING UNIT, To RE 1N EFFECT UNTIL THE CITY OF EDMONDS ADOPTS 20N1N13 REGULATIONS ADDRESSING SUCH USES, SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE MORATORIUM, ESTASUSHING 7HE DATE OF THE PUULIC HEARING ON THE MORATORIUM AND DECLARING AN EMERGENCY. ORDINANCE NO. d $25 AN ORDINANCE OF THE CITY OF EDMONDS. WASHINGTON, EXTENDING THE PROHISITION OF THE INSTALLATION OF SVRENE•BUTADIENE RUBBER [ALSO KNOWN AS SBR OR 'CRUMB RUBBER"I ON PUBLICLY. OWNED ATHLETIC FIELDS WITHIN THE CITY OF EDMONDS FOR SIX MONTHS. DECLARING AN EMERGENCY. Tna N11 is it of th6Se 010nmX86 wI1I be rASU0t1 WA =48tI. DATED11ft2VO0ofA t 2018. CITY CiERK SCO9 PASSE Pommnel AugustxG.2018. LOH823144 Proofed by Sheppard, Dicy, 08/27/2018 08:49:25 am Page: 2