2008/12/17 Council Agenda Packet

1i 3ased upon a review of the above record, the following findings of fact and conclusions hereby constitute the basis of the decision of the Everett Hearing Examiner Pro Tem. FINDINGS OF FACT 1. Hardeson Road LLC (Applicant) proposes a site-specific rezone of 1.3 acres from M-M (Business Park Zone) to C-2 (Heavy Commercial/Light Industrial) in conjunction with a binding site plan, administratively reviewed, that would divide 16.33 acres into three lots. The subject property is located at the southwest corner of the intersection of Hardeson Road and 75th Street SW in Everett, Washington. The parcel subject to the rezone request is identified as Lot 1 of the proposed binding site plan. No development plans have been submitted for Lot 1 at this time. (exhibit 1, page 1; exhibit 3; Jones testimony) 2. The 16.33-acre property subject to the binding site plan proposal contains a large wetland (Wetland A) in the northeastern portion of the site. A significant stormwater pond is proposed in the middle of the overall site.These features effectively cut off proposed Lot 1 from the rest of the site. The 1.3 acres of Lot 1, by itself, would not be sized appropriately for many industrial uses. (exhibit 4; Jones testimony) 3. Lot 1 contains no criticalareas or buffers. (exhibit 4, page 1; Tyler testimony; Jones testimony) 4. The City of Everett Comprehensive Plan land use designation for the site is "5.3, Light Industry". The implementing zones for the 53 Light Industry land use designation include C-2, C-2ES, and M-M. (exhibit 1, page 2; City of Everett Comprehensive Plan, Land Use Element, page 77) 5. Lot 1 is zoned M-M (Business Park Zone). The purpose of the M-M zone is to provide areas for development of high-quality single or multiple tenant business parks that offer opportunities for a wide variety of non-retail business to locate in small to medium office and warehouse spaces. (Everett Municipal Code (EMC) 19.1.050.D.5) Drive- through restaurants, stand alone restaurants, other retail uses, and some personal service businesses (laundry, etc) are not allowed in the M-M zone, which promotes warehousing and office uses. (exhibit 1, page 2; EMC Chapter 19, Table 5.2) 6. Surrounding parcels are primarily zoned M-M, M-1 (Office-Industrial Park Zone), and M-2 (Heavy Manufacturing Zone). The zoning has resulted in development that has brought a dense population of workers to the area during business hours. Due to the manufacturing and office use emphasis of the M zones, relatively few commercial services are available to this population of employees for lunch hour or after work access. (exhibit 1, page 2; exhibit 4) 7. The proposal would rezone Lot 1 from M-M to C-2 (Heavy Commercial/Light Industrial) zoning designation. The C-2 zone would allow a broader array of commercial and service-oriented uses,including stand-alone restaurants and other retail uses; consistent with those existing across the intersection. The rezone could result in 2