Ordinance 1566-89 - Laserfiche WebLink

Meridian Aggregates Co. Rezone 10-87 Page -4- 10 . The Applicant submitted that many of the conditions of the Concomitant Agreement have been performed. Included in the performance was the discharge of the water run off to the Snohomish River without detention or paying a Drainage Fee. This was done by the placement of the water run off in existing storm drainage sewers in the area. (staff report, Carpenter testimony) 11. Many of the conditions of the Concomitant Agreement were part of the mitigated Determination of Non-Significance issued by the City for the original asphalt batch plant. (Cunningham testimony) 12. At the hearing there was discussion about the intent and meaning of condition 3A. Condition 3A requires that prior to recording of the rezone there must be a dedication of a 20 ' wide easement over , under , along and across the proponent ' s property for access and utilities to the City of Everett owned river front property at a location of alignment to be determined by the Real Estate Manager . Subsequent to the hearing, the City and the Applicant agreed that condition 3A should be revised to require that the Applicant (Burlington Northern) must record an easement to the City for utility maintenance vehicles and pedestrian access easements over , under , along and across proponent ' s property. This easement must be granted to the City of Everett and must extend to the river front property at a location of alignment to be determined by the City ' s Real Estate Manager . If this easement is not dedicated, the Applicant must have begun negotiations with the City and must submit a letter to the City stating that it agrees to provide an easement to the City within one year of the recording of the rezone. This agreement was submitted in writing as exhibit 11 and was agreed to in writing by the Applicant' s representative as exhibit 12. (staff report, exhibits 11 & 12) 13 . Witness (Oursler ) testified to be a representative of the Northeast Everett community. She stated that this neighborhood has been improved through other land use actions. She supported the conditions for the rezone and encouraged screening and buffering to help control noise from the Applicant ' s operation. (Oursler testimony) 14 . The Applicant submitted that a 10 ' buffer will control dust but will not reduce noise . However , he did submit that it will be aesthetically pleasing to the adjoining properties . (Carpenter testimony) io)01 . ":