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Resolution 365PLANNING COMMISSION. RESOLUTION NO. 365 A RESOLUTION TO THE CITY COUNCIL OF THE CITY OF EDMONDS RECOMMENDING APPROVAL OF AN AMENDMENT.TO.THE OFFICIAL ZONING.ORDINANCE CHANGING. THE LIST OF PERMITTED.LAND.USES, ESTABLISHING AN AMORTIZATION PERIOD FOR NON -CONFORMING USES, AND ESTABLISHING.A BUILDING.LINE IN THE COMMERCIAL WATERFRONT ZONE.(CW ZONE), IN ACCORDANCE WITH PLANNING COMMISSION FILE NO. ZO-3-71. WHEREAS, the Planning Commission of the City of Edmonds, pursuant to proper notice and publication, held a public hearing on a proposed amendment changing the.list of permitted land uses, estab lishing an amortization period for non -conforming uses, and establish- ing a building line in the.Commercial Waterfront Zone, of the Official Zoning Ordinance of said City; and WHEREAS, having made the.findings set forth in Exhibit "A" attached hereto, the.Planning Commission determined that the. Official Zoning Ordinance of the City of Edmonds should be amended as explained in Exhibit "B" attached hereto; and " WHEREAS, the.Planning Commission believed'the'City should act to preserve the.natural characteristics of the Waterfront, a policy statement was adopted as explained in Exhibit "C" attached hereto; now therefore, . BE IT RESOLVED.by the Planning Commission of said City that recommendation be and the same hereby is made to said City Council that the proposed'.amendment be approved. DATED as of the 17th day of November, 1971. Chairman, Edmonds Planning Commission Edmonds City Pia-nvr tl File No.: ZO-3-71 Initiated by: Planning Commission Date of Hearing: September 16, 1970 May 19 , -19 71 July 21, 1971 August 18, 1971 September 15; 1971 October 20, 1971 November 17, 1971 Planning Commission Resolution No. 365 EXHIBIT "A" The City area covered by the Commercial Waterfront Zone is an area of unusual importance because of its unique location and character- istics. It is the.place where local residents and travelers most frequently view the.waters of Puget Sound. This area. contains an unusual variety of public improvements and recreation facilities. The Commercial Waterfront regulations presently allow a number of conflicting and incompatible land uses. These regulations were ori- ginally written'to encourage commercial activities including pro- fessional and personal services. of a marine -oriented nature. After a thorough analysis of these permitted uses, the Planning Commission determined that the.list was too broad and -included -some activities - which would not promote the.best form of waterfront development. The -Commission also determined that generally the existing, non- marine -oriented heavy commercial and manufacturing activities were detrimental to good waterfront development desired by.the.City. Some step needs to be taken to discourage the.perpetu.ation of these uses so that the highest potential of the.waterfront area may be. attained. Therefore, these non -conforming activities are declared to be harmful to the -best,, long-term interests of the.City, and should be removed after the.owners have had the.opportunity to amortize'their investments over a reasonable period of time. The Commission determined.that the.remaining beach area should be. preserved in a condition as close as possible to its existing, natural condition. Therefore, boat moorages were removed.from the. list of permitted uses.and a new.building setback was established. Planning Commission Resolution No. 365 EXHIBIT "B" CW - WATERFRONT COMMERCIAL DISTRICTS Section 12.13.230 Permitted Uses (CW). In a CW Zone only the following uses are permitted'as hereinafter specifically provided and allowed by this section, subject to the.general provisions and exceptions set forth in this title. A. Acquariums; B. Boat and motor sales, repairs, storage and rental; C. Construction and repair of boats; D. Diesel oil and gasoline sales for boats and vessels only, including related products, at retail only; E. Hotels, motels, -motor hotels and boatels;' F. Manufacture of marine -oriented products for retail or wholesale, subject to conditional use permit grant; G. Professional and business offices; H. Residential, as regulated therein; I. Restaurants; J. Retail enterprises dispensing food or commodities on -premises; K. Scientific laboratories conducting marine -oriented research, subject to conditional use permit grant; L. Ship's stores, limited to -pleasure boat supplies and provisions at retail only, including but not limited to paint, line, small tools, marine instruments, charts, safety equipment, sail stock, flags, pennants,' ice, canned goods, soft drinks, pre -baked goods; M. Yacht.or boat clubs and similar organizations featuring pleasure boating, fishing and yachting activities;' Section 12.13.250: Bulk and Dimensional Requirements. C. Minimum Setback Requirements: No setbacks are required from public streets, side lot lines or rear lot lines -with the. exception that all piers, bulkheads and breakwaters shall be set upland from the building line shown on Exhibit "A" and all other'buildings shall be located upland a minimum of 10 feet from the.building line shown on Exhibit "A". Section 12.15.141: Non -conforming Commercial Uses'in the.CW Zone. A. Non -conforming commercial uses occupying structures located on dry land areas are hereby declared'to be incompatable with long range development plans of the.areas and with the public health, safety and welfare; and shall be discontinued within Planning Commission Resolution No. 365 Exhibit "B" continued. fifteen.(15) years after the.date of this ordinance.. The provisions of Section 12.15.145 may be used to determine the.amortization period of such non -conforming uses. Planning Commission Resolution No. 365 EXHIBIT "C" WHEREAS, the.Downtown.Waterfront between.Caspers Street and Dayton Street is an area of unusual importance because of its unique characteristics and location, and; WHEREAS, the.amount of natural beach area accessible to Edmonds residents is quite limited, and WHEREAS, the residents have demonstrated an increasing desire for waterfront recreation areas, now therefore, BE IT RESOLVED by.the.Edmonds Planning Commission that it should be the.City's goal to preserve the.beach area between Caspers and Dayton Streets in as natural condition as possible. No public improvements should be undertaken along the.beach without first -making a critical exam- ination of the project's impact upon the.natural condi- tion and appearance of the area. The City should augment this policy by.establishing a program to acquire the re- maining private beach and tideland areas between Dayton Street and Main Street.