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9 <br /> 3. The terms of the resolution of intent agreed to by the applicant and the City are <br /> sufficient to mitigate adverse impacts upon existing or anticipated land uses in <br /> the immediate vicinity of the subject property. <br /> (exhibit 1) <br /> 8. The Comprehensive Plan designates the subject property as a 4.4, Mixed Use <br /> Commercial-Multiple Family area. This designation, adopted in 1994, supports <br /> commercial uses that would include retail stores, such as Costco, as well as the <br /> proposed retail gasoline facility. As a result, there is no need for a change in the <br /> Comprehensive Plan designation for the proposed use. (exhibit 1, Tyler testimony) <br /> 9. The existing B-2 zoning designation of the subject property is consistent with the 4.4 <br /> Comprehensive Plan land use designation. In situations where there are no <br /> agreements, a gasoline retail facility would be a permitted use without Hearing <br /> Examiner review. However, because of the agreement, this review has been made <br /> and is subject to a Category III review process (see EMC 15.16.100). (Tyler <br /> testimony) <br /> 10. While zoning restrictions exist for certain types of activity allowed at a retail gasoline <br /> facility, these activities are not proposed for this site. No vehicle service or repair <br /> activities would be done on-site. (exhibit 1, Tyler testimony) <br /> 11. The subject property is adjacent to a major arterial street within the City of Everett. <br /> Adequate provisions are proposed for emergency access to the proposed facility. <br /> Adequate utilities and roads have been developed. The proposed amendment bears a <br /> substantial relation to public health and safety in the general area. It is in the best <br /> long-term interest of the Everett community for the gasoline facility to be allowed at the <br /> Costco site. (exhibit 1) <br /> 12. Even though the underlying zone would allow retail of gasoline without land use <br /> approvals, the original zoning Resolution necessitates an amendment. A zone change <br /> is not requested with the application. However, the requested amendment is <br /> consistent with the zoning and the City of Everett's Comprehensive Plan. (exhibit 2, <br /> Tyler testimony) <br /> 13. Specific review of the Resolution has been made by the staff and the Applicant. The <br /> activities allowed with the amendment would bear a substantial relation to public <br /> health, safety, and welfare. It would not be detrimental to other properties and would <br /> be consistent with the City's Zoning Code and Comprehensive Plan. (exhibit 2) <br /> 14. Stormwater on-site would be managed through an on-site storm system that would <br /> accommodate the fueling facility as well as water quality and quantity goals of the City. <br /> An Environmental Impact Statement (EIS) prepared for the original project on-site --- <br /> identified significant stormwater protections in the area, and they still apply. (Oswell - <br /> testimony, Tyler testimony) <br /> 4 61 <br />