2005/11/30 Council Agenda Packet

• 9 David Parry Silver Lake Chiropractic 1810 — 104th Street SE Everett, WA 98208 Ken Oswell • 415 — 118th Avenue SE Bellevue, WA 98005 At the hearing the following exhibits were submitted and were admitted as part of the official record of these proceedings: 1. Staff Report 2. Rezone Application and Narrative Statement 3. Site Plan 4. Aerial Photo dated 2001 5. Notice of Decision/Final SEPA MDNS 6. Public Comment Letter in Response to Notice of Application 7. Rezone Resolution #4123 dated June 13, 1995 8. Draft Resolution (reserved for City Council) 9. Wetland Mitigation Plan 10. Preliminary Landscape Plan All of the exhibits are available for inspection at the Hearing Examiner's Office located at 2930 Wetmore Avenue, 8th floor, Everett, Washington. After due consideration of the testimony and evidence presented by the Applicant and testimony and evidence elicited during the public hearing, the following findings of fact and conclusions constitute the basis of the recommendation of the Everett Hearing Examiner. FINDINGS OF FACT 1. The Applicant requested an amendment to Rezone Resolution No. 4123. The Resolution, passed by the Everett City Council on June 13, 1995, rezoned the property at 10200 — 19th Avenue S.E., Everett, Washington, to B-2, Community Business. The property has been developed as a retail/wholesale store of Costco. Part of that property, the corner of 19th Avenue S.E. and 102nd Street S.E., is the subject of the amendment. It is the intent of the Applicant to amend the Resolution to allow a new retail gasoline facility to be developed at this portion of the site. As part of the amendment, alterations to the originally approved site plan would be made, as well as revisions to the parking configuration, the storm drainage system, and wetland mitigation. (exhibit 1, Tyler testimony) 2. The amendment to the Resolution would also permit: • Reconfiguration of a portion of the parking area, resulting in a net loss of 7 parking spaces; 2 59