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Resolution 340PLANNING COMMISSION RESOLUTION NO. 340 A RESOLUTION TO THE CITY COUNCIL OF EDMONDS RECOMMENDING AN AMEND- MENT TO THE OFFICIAL ZONING ORDINANCE ESTABLISHING A MARINE RE- SOURCE DISTRICT TO REGULATE WATER.AND SUBMERGED LAND USES IN PUGET SOUND, IN ACCORDANCE WITH PLANNING COMMISSION FILE NO. ZO-4-70. WHEREAS, the Planning Commission of the.City of Edmonds, pursuant to proper notice and publication, held public hearings on a proposed amendment to the.Official Zoning Ordinance establish- ing a Marine Resource District to regulate water and submerged land uses in Puget Sound; and, WHEREAS, having made the.findings set forth in Exhibit "A" attached hereto, the Planning Commission determined that the above -named ordinance should be amended as explained in the four - page attachment labelled Exhibit "B" attached hereto; now, there- fore, BE IT RESOLVED by the Planning Commission that recom- mendation be and the same hereby is made to the'City Council of the City of Edmonds that the.proposed'changes be approved. DATED as of the.19th day of August, 1970. Chairman, Edmonds Planning Commission 'rc' Edmonds City Planner V File No.: ZO-4-70 Initial Request by the. City Council Date of Hearings: 7-15-70/8-19-70 Recommend: Establishment of a Marine Resource District P. C. Resolution No. 340 EXHIBIT "A" The proposed regulations for the Marine Resource District, Exhibit "B", will adequately control the.water and sub- merged land uses of Puget'Sound to preserve the health, safety and welfare of'the Citizens. _PYPTRTT 11R1V See four -page attachment. Resolution No. 340 rVTJTRTT WWI MARINE RESOURCE DISTRICT (iJR) August hT, r374 Intent-(rfR1 J?`l principal long-range objective and intent of this TiD classifi- cation is to provide for the location and grouping of uses compatible with marine- {)riented activities while at the same time preserving the utility of the salt water, Tidelands, and deep water lands. Because of the susceptibility to injury of marine organisms, including marine life, and the chemical balance of the water, and be- cause of the carrying capacity through the fluidity of water, tide action and cur- rent, permitted uses must be considerably narrowed from those that are permitted in upland areas. Adequate uses are elsewhere permitted in the Edmonds Zoning Code through provision for business and industry in other districts, specifically including, but not limited to, the Waterfront Commercial District (CW) and the Industrial Park Dis- trict (IP). The latter two specifically named districts are located close to trans- portation facilities including railroad siding, limited access highway and moorage facilities. The MR classification is intended to blend compatible recreational and commercial activities to best utilize for public and private interests, the substantial attributes of marine -oriented activities while at the same time pre- �erving such utilization for future generations. 2i.mited experience in providing zoning controls within such a district as herein provided dictates a cautious approach toward permitted utilization until such time s greater experience is gathered. As technological advances demonstrate a greater ;uarantee against disruptive influence and injury to the marine ecology than have seen witnessed to date, the MR permitted uses may be expanded to maintain the vi- tbility and flexibility of the MR classification for optimum benefits and for the health, safety, morals and general welfare of the public. "his classification is intended to provide local control to the extent that feder- al, state and other governmental regulations have not preempted the field of regu- lation. Whereas other governmental agencies are primarily concerned with tech- nological standards, the primary concern of the City of Edmonds is with the loca- tional aspects of a particular land or water use with reference to the overall Ievelopment of the Edmonds planning area. Further, the provisions herein are intended to enhance rather than to in any way impede the free flow of commerce and navigation. These regulations are intended to apply to surface and below surface waters and to all submerged lands and tidelands. 3, Federal and other governmental regulations. The permitted uses hereinafter sct forth in -the i11R classification are subject to applicable federal, state and otcher governmental permits, fees, licenses and regulations and nothing herein con- tained shall in any wav be construed to lessen or derogate from those standards, permits, fees, licenses and regulations. Such agencies include, but are not limi- ced to, the Corps of 11rmy Engineers, the State Department of Natural Resources, the State Department of Fisheries, the State Toll Bridge Authority, the State Depart- 7t�nt of Highways, the Port of Edmonds, the State Polution Control Commission, and :!imilar federal, state or governmental agencies. In the event of conflict between tKa regulations herein set forth and those of any federal, state or other govern- mental agency, the regulations set forth herein shall be construed to the greatest extent possible to give full force and effect to all such regulations rather than to invalidate one or the other. Further, in the event of unconstitutionality or `.nvalidity of any provisions of the '_,iR classification, the provisions set forth _n Section 12.16.190 of the Edmonds Zoning Code shall govern, it being hereby ex- cs--sly declared that each section, subsection, sentence, clause, phrase, and word would have been proposed, adopted, and approved irrespective of the fact Fiat any portion thereof be declared invalid or unconstitutional if such be the sc. Permitted uses NR . In th , MR zone the following types of uses are permitted C_a hereinafter provided and al' -owed by this section, subject to the limitations �7e t forth above r ;larding, federal, state and other governmental agency regulation, end stioject to the general provisions and exceptions set forth in this title. 1. Commercial fishing, sports fishing and shell fishing, including deep - water mollusks, crustaceans, and bivalves, as regulated and permitted by the WLshington State Department of Fisheries and other applicable governmental agencies. 2. The movement of ships, bouts, rafts, barges and submarines, and the establishra>nt of crovarn-rent-authorized navigational devices and aids as regulate) by the U. S. Coast Guard, the Corps of Army En- gineers a� d other ct,plicabla governmental agencies, provided, however, there shall be no discha-_­i�e of ballast, sanitary facilities or afflu- ent, chemicals, pe"'._.,olcum products, garbage, cargo (except to save life or property;, or _ny other thing, fluid or solid of any kind or description wheL-h::r by &;sign or accident regardless of precautions exercised. 3. Swimming, scuba diving and related recreation activities including the establishme_it of publically owned or maintained recreation areas. 4. The installation of submerged power and communication cables, fuel lines and any other related installations, subject to approval by the City Council, the State Pollution Control Commission, and any other applicable Qover•nmental agencies. - 2 - 5. The filling or dredging of submerged land and the construction of breakwaters, bulkheads, groins, piers and related structures for harbors, marinas, buildings and/or railroad trackage, subject to approval by the City Council, the Corps of Army Engineers and other applicable governmental aencies. 6. Scientific installations, including submerged manned or unmanned research shelters, subject to approval by the City Council and other applicable governmental agencies. 7. Mineral extraction from water, subject to approval by the City Council and applicable agencies, but excluding submerged land mining, drilling for petroleum or gas, or excavation in connec- tion therewith. 8. Marine agriculture in the propogation and harvest of marine veg- etation such as edible or medicinal seaweed provided that the basic chemical balance of the water is not disturbed or polluted, subject to approval by the City Council and applicable regulations . or other governmental agencies. 9. Educational facilities, commercial, private or public, subject to approval by the City Council. 10. As set forth in the Intent Section of the HP District proposals for other uses not hereinabove provided will be entertained by application being submitted to the Planning Commission request- ing amendment to this Section to provide a newly established permitted use within the AIR District. D. 'Mandatory conditional use permit. Each permitted use set forth in paragraphs C4 through C9 of the MR District shall be subject to the grant of a conditional use permit by the City Council which may deny the permit in its entirety or grant it subject to particularized provisions. Application for said conditional use permit shall be in the same form and required notice as provided in Section 12.16.070 and Section 12.16.130 except that said application shall be directed to the City Council rather than to the Board of Adjustment. The standards and criteria governing the issuance of such conditional use permits by the City Council are as follows: 1. That the use will not endanger the public health, morals, general welfare or marine ecology and recognize and compensate for varia- tions and degree of technological processes and equipment as rela- ted to the factors of noise, pollutants, fumes, vibration, odors and hazard to life and property; and 2. That the use will not be injurious or detrimental to adjoining or abutting owners or uses; and 3. That the location and character of the use, if developed according to the plan as submitted and approved, will be in harmony and com- patible with the area in which it is to be located as set forth in the MR Intent Section and the Comprehensive Plan for the development of Edmonds and its environs; and - 3 1r. In addition, the City Council may impose specific conditions precedent to establishing the use and said conditions may include: (a) Increasing requirements in the standards, criteria or poli- cies established by the Edmonds Zoning Code: (b) Stipulate the exact location as a means of minimizing ha- zards to life, limb, property damage, erosion or pollution; (c) Require structural features or equipment essential to serve the same purposes set forth in item (b) above; (d) Impose conditions similar to those set forth in items (b) and (c) above, as deemed necessary to establish parity with uses permitted in the DIR District their freedom from nuisance generating features in matters of noise, odors, pollution, wastes, vibration, and physical hazards. 5. All conditions required by the City Council shall be entered in the min- utes of the meeting at which the permit is granted and also on the cer- tificate of the conditional use permit; 6. To ensure the establishment of the above conditions, the City Council shall have the authority to require and approve a specific plan and to increase the requirements as set forth above, but in no case shall the council have the authority to decrease the requirements of this Ordi- nance for any use. 7. In the event of failure to comply with the plans approved by the City Council, or with any conditions imposed upon the conditional use per- mit, the permit shall thereupon immediately become void and of no effect; 8. Where plans are required to be submitted and approved as part of the application for a conditional use permit, modifications of the origi- nal plans may be made by the City Council after review. - 4 -