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17. Notice of ihe public hearing was given pursuant to the City of Everett ordinances <br />relating to land use proceedings. (exhibd 5, notice of publication) <br />18. Admitied as part of lhe record was exhibil 8, a letter dated August 15, 2008, from <br />Oden Olson. The author of the letter submitted tnal lhe subject prcperty is zoned <br />commercial use and is not a"good place (or residents with mental problems". It <br />was also submitted that BroadK�ay Avenue carries much traffic, the intersection <br />of Broadway Avenue and Beverly Boulevard is busy, and Ihe site does not have <br />sidewalks. (exhibit 8, Olson lefter) In response, the Applicant submitted lhat <br />pedestrian mitigations are being made for the clients of the Applicant io utilize <br />para-transit and Dari transportation options. The Applicdnt submitted that it <br />would provide transportation lo and from lhe site at three scheduled times per <br />day to a�commodate the needs of ils dienis. The Applicant is petitioning the City <br />for a bus stop on both sides oi Broadway Avenue ir. order to provide direct <br />access a1 that point. (exhibit 10, Bridgeways fetter dated Au �ust 15, 2008) <br />CONCLUSIONS OF LAW <br />Jurisdiction <br />Jurisdiction: The Hearing Examin��� of the City of Everet( has jurisdictional authority fo <br />hold a hearing and to issue the decisic.n. That authority is set forth in EMC 15.16.100. <br />Based on fhe above Findings of Fact, the Hearing Examiner enters the fellowing <br />Conclusions: <br />Criteri. and Standards for R��f�:: <br />SPU Crilerie - General Evaluaiion EMC 19.41.150.0 <br />(1) The need of the neighborhood, district, or City (or a proposed Special <br />Properiy Use. <br />(2j The adequacy of streets, utililies, and public services required to serve a <br />proposed use. <br />(3) The impact of traffic generaled by the proposed use on the surrounding <br />area, pedestrian cis�ulation and public safety; and abiliiy of the proponent <br />to mitigate such poleniial impacis. <br />(4) The provision of adequate off-sireet parking, on-site circulation, and site <br />access. <br />(5) Compatibility of proposed structures and improvements with surrounding <br />properiies, including the size, height, localion, setback and arrangemenl e( <br />all proposed buildings and facilities, especially as lhey relate to light and <br />shadow impacls on more sensitivz land uses and less intensive zones. <br />5 <br />