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00695through several ownerships since it started, they are developers from outside the area, and they have no consideration for the community. Mr. Strother said Mr. Linge's statements were not true, and that it was irrelevant whether the money that develops the project is Edmonds money, Seattle money, or out- of-state money. He said two Edmonds residents were heavily involved in this and the contractors and subcontractors are Edmonds people, as well as the architect for the project. Further, that PRD-4-77• was never abandoned, but PRD-2-78 was a second phase of the same project and it was abandoned. He said.the long litigation which had delayed the development was initiated by the community. The improvements accomplished so far were installation and inspection of underground utilities, water, and storm sewers. The hearing was closed. Councilmember Naughten asked Ms. Block if there had been any changes to the original criteria or whether there had been any tree -cutting violations, and she responded that she was not .aware of any additional tree cutting and there had been no changes in the criteria of the approved PRO. Councilmember Naughten said it then was not a question of whether it should be re -approved, but whether it should be extended. Councilmember Gould stated that he is one of the people who helped draft the new PRO ordinance which he believes is best for the City, but this project was approved under the old PRO ordinance and that is the law under which they have to operate. He felt that the process of appealing and going to court and letting people hear their complaints is part of the community's approval system, and that it has taken place. He did not think the project should be held up any longer, and he thought it was proper to grant the extension. He said he would like to have a eport in one year to see that it has gone forward on schedule, because he did not wan to see another request for extension in two more years. He said he understood the difficult financial situation, and he thought the Hearing Examiner had stated a series of findings of fact. Further, the Staff appeared satisfied that the original criteria were being met, so he felt the extension should be granted. 'Councilmember Naughten agreed and said his only concern was whether there was a violation of the original criteria. MOTION: COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER GOULD, TO GRANT THE TWO-YEAR EXTENSION OF THE APPROVAL OF PRD-4-77, WITH THE QUALIFICATION THAT THE STAFF REPORT aLcAu TO THE COUNCIL IN ONE YEAR (NOVEMBER 1982) REGARDING THE PROGRESS MADE ON THE PROJECT �.4L AND THE GENERAL STATUS OF THE PROJECT AT THAT TIME. Councilmember Kasper asked what ..5'w. the report would accomplish, and Councilmember Gould responded that if there is not sufficient progress in one year, and if they should ask for another extension, he would flatly tell them no. In answer to a question, Ms. Block stated that this project is not in the moratorium area. Councilmember Kasper observed that the building permits must have been issued because the utilities are installed. THE MOTION THEN CARRIED. HEARING ON APPEAL FROM PAB RECOMMENDATION TO DENY REZONE (R-7-81/JOHNSON) Planning Director Mary Lou Block stated.that this item had been heard by the PAB after being referred to them by the Council, and at -the PAB hearing of September 23, 1981 the PAB had voted 4 to 3 to recommend denial of the rezone request. Minutes of that meeting were provided, as well as findings of fact from the PAB which Ms. Block read. She described the property which has been designated environmentally sensitive due to slopes, vegetation and water. (Councilmember Nordquist arrived at this time, 9:50 p.m.) The Staff had recommended approval of the rezone, but when it previously went before the Planning Commission the Staff had recommended denial because it was recommended as a park and they did not recommend it to be a park site. However, as undeveloped OS they recommended approval to the PAB. The hearing was opened. Bill Johnson, 740 Maple, and owner of property at 16707 74th P1. W., near the subject property, was the proponent in this action. He noted that since the original proposal was made the new Community Development Code had gone into effect, and the old Code did not have the provisions of Chapter 15 which has the provisions that support his argument for OS. Mr. Johnson said that since he had last appeared before them regarding this property the Planning Department decided to recommend OS, and they had gone through the rezone criteria and decided it met those criteria. He also noted that the PAB vote to deny was 4 to 3, so it was not by any means unanimous. He noted some inaccuracies in the PAB Findings of Fact. He said Finding #5 states there currently is an abundance of property zoned OS in the general neighborhood, which he said is not true, although there is property becoming preserved as open space and there is the greenbelt in the PRO across the road, but he noted the PRO is getting the maximum EDMONDS CITY COUNCIL MINUTES Page 3 - November 17, 1981