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9 <br /> Jurisdiction: The Hearing Examiner of the City of Everett has jurisdictional authority to hold <br /> a hearing and to issue the recommendation. That authority is set forth in EMC 15.16.100. <br /> Based on the above findings, the Hearing Examiner enters the following conclusions: <br /> CONCLUSIONS <br /> 1 . The Applicant requested an amendment to Rezone Resolution No. 4123. The <br /> Resolution, passed by the Everett City Council on June 13, 1995, rezoned the property <br /> at 10200 — 19th Avenue S.E., Everett, Washington, to B-2, Community Business. The <br /> property has been developed as a retail/wholesale store of Costco. Part of that <br /> property, the corner of 19th Avenue S.E. and 102nd Street S.E., is the subject of the <br /> amendment. It is the intent of the Applicant to amend the Resolution to allow a new <br /> retail gasoline facility to be developed at this portion of the site. As part of the <br /> amendment, alterations to the originally approved site plan would be made, as well as <br /> revisions to the parking configuration, the storm drainage system, and wetland <br /> mitigation. (finding 1) <br /> 2. Although the requested use is an allowed use in a B-2, Community Business zone, the <br /> Applicant must seek an amendment to Resolution No. 4123 which established the <br /> zoning of the site. The amendment to the Resolution is the subject of this <br /> recommendation. (findings 1, 2, & 12) <br /> 3. In review the amendment to the Resolution, the criteria for rezones within the City of <br /> Everett have been considered. These criteria have been identified in finding #7. The <br /> criteria for a rezone have been addressed in findings 8 through 22. <br /> 4. The proposed amendment to the Resolution is consistent with the Everett <br /> Comprehensive Plan and is consistent with development standards within the City for <br /> B-2 zoned properties, addresses environmental concerns for the development, <br /> addresses utilities, and public health, safety and welfare. (findings 8 - 22) <br /> 5. The proposed amendment bears a substantial relation to the public health, safety, and <br /> welfare and promotes the long term best interest of the Everett community. It provides <br /> for an additional commercial service to a highly use commercial development within <br /> the City of Everett. (findings 8 - 22) <br /> 6. The City has adequately addressed mitigation of adverse impacts upon existing land <br /> uses in the vicinity. (findings 8 - 22) <br /> RECOMMENDATION <br /> Based upon the preceding findings of facts and conclusions and testimony and evidence <br /> submitted at the public hearing, it is hereby recommended to the Everett City Council that <br /> Resolution No. 4123, approved by the City of Everett on-June 13, 1995, be amended to allow-- <br /> the Applicant to construct a new retail gasoline facility at 10200 — 19th Avenue S.E., Everett, <br /> Washington. The amended Resolution should include the following amendments. The <br /> amended Resolution should also include any additional amendments that the Everett City <br /> Council so establishes. <br /> 6 63 <br />