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AND WHEREAS, the Planning Commission made findings and conclusions as <br /> follows: <br /> FINDINGS AND CONCLUSIONS <br /> 1. Annexation <br /> Findings: The City of Everett annexed Smith Island on May 20, 1983. <br /> The entire island is within the jurisdiction of the Washington State <br /> Shoreline Act of 1972, RCW 98.58 and WAC 173-15, and consequently is <br /> controlled by the State approved local Shoreline Master Program. WAC <br /> 173-19-004 requires that the City utilize the Snohomish County <br /> Shoreline Master Program (the State approved Plan) until the City <br /> amends its Master Program to include this property. <br /> Conclusion: The City must use Snohomish County's Shoreline Master <br /> Program to review this project as the City's Master Program has not <br /> been amended to include the portion of Smith Island under City <br /> jurisdiction. <br /> 2. Snohomish County Shoreline Plan <br /> A. Environmental Designation - Urban <br /> Finding: The Snohomish County Shoreline Master Program <br /> designates the subject property as an Urban Environment which <br /> permits the construction of recreational facilities and allows <br /> filling when used as preparation for an activity permitted. <br /> A Shoreline Permit (SMA #8-87) was issued for construction of <br /> Phase I of Langus Riverfront Park and an application for <br /> Shoreline Permit to allow construction of Phase II must be <br /> obtained prior to construction of Phase II improvements. <br /> The DNR dredge spoil disposal site was first issued a Shoreline <br /> Permit in 1973 by Snohomish County. A second permit was issued <br /> in 1978 by Snohomish County and a third permit in 1984 by the <br /> City (SMA #7-83). <br /> Conclusion: The proposed fill for future construction of a <br /> riverfront park is a permitted activity in the Urban <br /> Environment as long as the project complies with all general <br /> requirements related to the landfill and recreational <br /> activities specified in the County Master Program. <br /> The material to be stockpiled on the DNR dredge spoil disposal <br /> site is dredge spoils from maintenance dredging of the <br /> Snohomish River which has been used temporarily as a surcharge <br /> for the Wastewater Treatment Plant construction site and so <br /> meets the criteria for being stored on the DNR site. <br /> B. Use Regulations for Recreation - General Regulations No. 1 and <br /> 3 apply <br /> 1. General Regulation #1 states that facilities shall be <br /> designed to take maximum advantage of and enhance the <br /> natural character of the site. <br /> -2- <br />