5530 EVERGREEN WAY 2018-01-02 MF Import

� � � � BOLSER REZONE City Council Continued Public Hearing Notes February 22, 1984 To briefly summarize my coments last time we met is that what we have here is staff's interpetation of City Council's policy is that Evergreen Way improvements should be required wherever those improvements could be required. If that interpetation is not correct, then we need dearer direction from City Council. If it is correct, this EGWSSI condition has been a rezone condition from the onset o and it should remain - l;ow do we get there? '� «. c� m Four years ago Mr. Bolser sold tires at 5530 Evergreen Way - and in 1980 - the •• tire store was remodeled with sidEne improvements. ,_., ,.., -i -n In 1981 the store was remodelec: and expanded with a disclosed 45% i""„ _ �yR`� improvement. m o � �� lThose improvements happened only a year apart and it is arg�able that the two � � r tr��"�tti� �,Cimprovements together fall within the 50% threshold of Ordinance 555. �_ A x-� y! � ''p�� BUT, there is another issue: 555 has 2 thresholds for determining if street '" ., '�� improvements are required. The first one is the 50% in value increase in c = ?1�, '��(��\`'� struct�re improvements. The second one is simply: "New Facility". They are � _ „I(�1)' independant of each other. The new facility is the tire manufacturing operatinn � ,"'„ t h a t w a s n o t d i s c l o s e d o n t h e p e r m i t a i n 1 9 8 1. T h a t i s t o s a y t h a t i n 1 9 8 0 M r. „ Bolser sold tices and in 1981 Mr. Bolser manufactured tires. �n 3 -i m Over the last 4 years the city has attempted to work with and accommodate ihe ,-_., .. needs of Mr. Bolser. o �' o r nm We are now attempting to "sprinkle holy water" on a 4 year operation with a 3 N contract rezone - A Backward Contract Rezone - for a property use that was not Z�, disclosed on the permit. :� n A If this contract rezone was occuring in its proper order for the use.that has been = occuring since 1981 - then clearly SEPA mitigation would apply and it is not only L applicable for a SEPA reGuirement of the increased regiona! traffic conflicts occuring at the site as a result of the operation but so to Ordinance 555-78 = applies because of the new facility that occured. I would remind Council that v� nearly 5tl separate building permits, new facilities, and other discretionary Z actions have resulted in standard Evergreen Way improvements. -�i � So we are saying that the authority exists to require standard improvements: "' First, via the standard that has been applied to all other developments on Evergreen Way (discretionary and nondiscretionary). Second, via the discretionary action permitted in the rezone.