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Resolution 647RESOLUTION NO. 647 FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION OF EDMONDS PLANNING COMMISSION After notice had been duly posted and published pursuant to Section 12.16.170 of the Edmonds City Code, the Edmonds Planning Commission held a public hearing on February 28, 1980, to consider Planning Division File CP-2-79, No. R-4-79, a change to the Comprehensive Plan from Industrial to Business, and a requested rezone of a parcel of property from Industrial Park (IP) to General Commercial (CG) & Open Space. (OS) The City staff made a presentation and submitted certain documents for the Planning Commission's consideration, including the final environmental impact statement. The applicant, the Port of Edmonds, was represented by its engi- neer and attorney, who were both allowed an opportunity to speak. All other persons in the audience who desired to speak were afforded an opportunity to do so. After all' oersons who desired to speak had done so, the public portion of the hearing was closed. Following discussion by the Planning Commission, Commissioner McGibbon moved to approve CP-2-79. The motion was duly seconded and passed unanimously. Commissioner McGibbon then moved to approve R-4-79, The motion was duly seconded and passed unanimously. From the evidence presented to the Planning Commission, the Planning Commission hereby makes the following Findings of Fact, Conclusions and Recommen- dation to the City Council. FINDINGS OF FACT I The applicant, the Port of Edmonds, is a municipal corporation and owner of certain property located in the City -1- at the intersection of State Route 104 and Dayton Street. The site is approximately 14.6 acres in size and is presently undeveloped. The site is classified as an environmentally sensitive area according to city ordinances. The land is generally flat and bare containing some alders and scrub vegetation. One portion of the site is marsh area, commonly known as the "Union Oil Marsh". This area will not be developed according to the applicants` proposal. II The applicant has proposed to amend the Comprehensive Plan to show commercial uses and also to rezone the property from its current IP classification to CG & OS. The applicant further proposes to limit development on the site pursuant to a concomitant zoning agreement tendered to the City. The terms of the concomitant zoning agreement are contained as Appendix "B" to the EIS. III The property in question has been zoned IP since 1965 and still remains undeveloped. In 1975 a proposed industrial park site development plan was approved by the City. However, the plan was never implemented. IV Zoning to the north of the property is presently community business (BC), to the East, neighborhood business (BN) and to the South and West, waterfront commerical (CW). V The applicant proposes to limit by concomitant zoning agreement, development on the site to the plan as set forth in the final EIS. The plan will provide for a looped, interior street with two exits/entrances on Dayton street. Because State Route 104 is a limited access freeway, the State of Washington will not allow any exits or entrances off of SR 104. -2- VI The applicant proposes to exclude certain otherwise permitted uses on the property pursuant to the concomitant zoning agreement. The specific uses proposed to be prohibited are set forth in the final EIS and generally relate to auto intensive uses. The Port also intends to offer several of its industrial tenants who have business in the waterfront, space in the proposed project. VII The applicant has also agreed to make provision for a walkway to the edge of the Union Oil Marsh on the east side of the property and which will continue along the perimeter of the marsh on the south and west sides of the property. The applicant has further agreed that the area 25 feet in from the marsh, along the perimeter of the property, will be zoned open space and will not be developed with buildings or structures. VIII Economic conditions do not make this property feasible for development as an industrial part for industrial uses only. Limited access and the location near the waterfront require commercial and retail uses -in order to make the pro- perty commercially feasible. The staff had proposed limiting the development to marine dependent or marine related uses and activities. However, if such a restruction were imposed, the project would not be economically feasible as it would not be possible to obtain adequate financing. IX Since the property was zoned IP, the nature and character of the waterfront have undergone great change. Commercial and retail projects are now underway a short -3- distance from the subject property, and thus this project; as limited by the concomitant zoning agreement, will be compatible with these changes. Moreover, the Edmonds Com- prehensive Policy Plan and the Port Master Program emphasize greater pedestrian access to the waterfront. By relocating the Port's tenants on the subject property, this goal will be furthered. X In accordance with the findings of the City's respon- sible official, the final environmental impact statement adequately addresses all adverse impacts of the proposal, mitigating measures and alternatives. CONCLUSIONS I All procedural requirements imposed by the Edmonds City Code and state law have been fully complied with. II The environmental impact statement is adequate and fulfills the requirements of RCW 43.21C.030. III The proposed amendment to the Comprehensive Plan and the proposed rezone from IP to CG & OS, as limited by the concomitant zoning agreement, will be compatible with the surrounding land uses and zoning. IV Changes in economic conditions, the surrounding uses, and the long-range policies of the City justify the rezone from IP to CG & OS. The proposed amendment to the Comprehensive Plan and the proposed rezone from IP to CG & OS, as limited by the -4- concomitant zoning agreement, will be in the best interests of the public health, safety and general welfare. RECOMMENDATION The Planning Commission recommends to the City Council that the Comprehensive Policy Plan be amended to designate the subject property as Business and that the property be rezoned from IP to CG"& OS, as limited by the con- ditions set forth in the concomitant zoning agreement and subject to the conditions as agreed to by the applicant. DATED this /,��day of March, 1980. EDMONDS PLANNING COMMISSION By Chairman -5-