2005/07/13 Council Agenda Packet

5 there has been little, if any, residential development on the major arterial corridors. To change the zoning to a residential designation would not be compatible with other properties and would not be reasonable in light of the location of the subject property. However, a commercial zoned designation would be consistent. (Tyler testimony) 12. Pursuant to the State Environmental Policy Act (SEPA), the City of Everett was designated as the lead agency for the environmental review. On May 9, 2005, the City issued a Mitigated Determination of Non-Significance (MDNS). No appeals were filed of the MDNS. (exhibit 6) 13. The City did not identify any adverse impacts upon existing or anticipated land use areas in the immediate vicinity of the subject property. Notice was given of the proposed project and the hearing. No opposition to the proposal was submitted by adjoining property owners. The proposed rezone would mitigate any adverse impacts upon existing or anticipated land uses. (Tyler testimony) Jurisdiction: The Hearing Examiner of the City of Everett has jurisdictional authority to hold a hearing and to issue the decision. That authority is set forth in EMC 15.16.100. Based on the above Findings of Fact, the Hearing Examiner enters the following Conclusions: CONCLUSIONS 1. The Applicant requested a rezone of 0.58 acres of land on property located at 527 East Casino Road, Everett, Washington. The property has been developed as a parking lot for the Applicant's telecommunication services off-site. It was included in a rezone with a concomitant agreement that was approved by the City of Everett in 1979 (rezone #79-001). The Applicant desires the concomitant agreement that requires that the 0.58 acres be used for parking lot purposes be eliminated. It is the intent of the Applicant to surplus this property for future commercial development. (finding 1) 2. In order for a rezone to be granted within the City of Everett, the Everett City Council must consider the rezone criteria as set forth in EMC 19.41.160.D. Those criteria have been identified in finding #6. 3. The criteria, as listed in EMC 19.41 .160.D(1-3), have been reviewed as part of the Hearing Examiner process. The proposed rezone satisfies these criteria by being consistent with the Everett Comprehensive Plan (findings 7, 8 & 9); by bearing a substantial relation to the public health, safety, and welfare and promoting the best long-term interest of the Everett community (findings 10 & 11); and, by mitigating any adverse impacts upon existing or anticipated land uses in the immediate vicinity of the subject property (findings 10, 11, & 13). 4 'i i.