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Resolution 662PLANNING COMMISSION RESOLUTION .NO. 662 Findings of Fact, Conclusions and Recommendations of Edmonds Planning Commission on Proposed Contract Rezone 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 to consider Planning Division File No. R-3-80, a requested rezone of certain property located in the 600 block of Main Street from RMH to BC. The City staff made a presentation and submitted documents for the Planning Commission review. Members of the public and the applicant were given an opportunity to speak. The owner of certain of the parcels of property tendered to the City a pro- posed zoning agreement. Following discussion by the Planning Commission, after a motion duly made and seconded, the Planning Commission recommended approval of R-3-80 and acceptance of the proposed concomitant zoning agreement. From the evidence pre- sented to the Planning Commission, a majority of the Planning Commission hereby makes the following Findings of Fact, Conclu- sions and recommendations. FINDINGS OF FACT I The subject property is located at the corner of Sixth Avenue and Main Street in Edmonds, Washington. It is legally described as Lots 37 through 40, Plat of the City of Edmonds. The Stoles own Lots 37 and 38. The Harrises own Lot 40. Lot 39 is owned by Mr. and Mrs. Esterberg. II The properties are presently improved with .single family dwellings, although the City has issued conditional use permits for commercial uses on the Stole property and on the Harris property. The Esterberg property is currently used for single family residence. III The property is presently zoned Multiple Family, High Density (RMH). The application is for a rezone to Community Business (BC). The Stales and the Harrises are willing to tender a concomitant zoning agreement which will limit the uses made of the property. The Esterbergs have been contacted by the other owners and the City staff, but have been unwilling to impose limitations on their property by contract. IV Zoning to the south and west is Community Business. Zoning to the north and east is Multiple Family, High Density. Di- rectly across the street from the subject property are dommer- cial developments. i7 The Stoles and the Harrises propose to limit the use of their property to retail sales, professional offices and other low-key business uses. While the Esterbergs have not agreed -2- to limit the uses of their property, in fact due to the thirty foot wide lot development of their property intoan intensive commercial or retail establishment allowed in the BC zone would be extremely difficult and impractical. VI Since the establishment of the zoning on the subject pro- perty, the character of the surrounding neighborhood has changed. Businesses have developed across the street and the subject property, due to its location and the location of ad- joining uses, is not suited for residential development. VII The uses to which the property would be limited to will be compatible with the surrounding area and will not be detri- mental to the public health, safety and general welfare. VIII The adverse environmental impacts of the proposed rezone have been considered by the Planning Commission. In accordance with the City's responsible official, there will be no signi- ficant adverse environmental impacts. CONCLUSIONS A4D'- RECOMMENDATION I All procedural requirements imposed by the Edmonds City Code and state law have been fully complied with. II No environmental impact statement is required. -3- III The proposed zoning classification, as limited by the zoning agreement tendered by the Harrises and the Stoles is consistent with the City of Edmonds Comprehensive Plan. The proposed zoning classification will be compatible with the surrounding uses and zoning classifications given the limita- tions imposed by contract. IV The Planning Commission recommends to the City Council that the subject property be rezoned from RMH to BC and that the Council accept the proposed concomitant zoning agreement tendered by the Stoles and the Harrises to the City. n H , DATED this -9,;L .ay ;of October, 1980. CHAIRMAN, PLANNING COMMISSION