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1 <br /> Ii <br /> additional commercial services for this population of workers, potentially reducing <br /> traffic. (exhibit 1, page 2; EMC Chapter 19, Table 5.2; exhibit 4) <br /> 8. The property north of the Hardeson/75th Street intersection, directly across from Lot 1, <br /> is developed with 'a shopping center that includes a mix of restaurant, retail, and. <br /> - personal services businesses. From the relatively high level of traffic and parking <br /> demand observed at the existing shopping center, it appears that the commercial <br /> services there are successful and that there is a demand for such services in the <br /> vicinity. (exhibit 1, page 2; exhibit 4; Tyler testimony) <br /> 9. Pursuant to the State Environmental Policy Act (SEPA), the City was designated lead <br /> agency for review of probable significant adverse impacts that would result from the <br /> requested rezone. The City's Responsible Official issued a mitigated determination of <br /> non-significance (MDNS) on September 30, 2008, which was not appealed and <br /> became final prior to the open record public hearing on the rezone request. The <br /> MDNS requires compliance with mitigation measures relating to outdoor storage uses <br /> on Lot 1. Any probable adverse environmental impacts of the proposed rezone would <br /> be adequately mitigated by compliance with the MDNS. (exhibit 7; Tyler testimony) <br /> 10. The open record public hearing was noticed in accordance with the City of Everett <br /> notice requirements. The City received no public comment on the request. (Tyler <br /> testimony; Exhibit 8, Affidavit of Publication) <br /> CONCLUSIONS OF LAW <br /> Jurisdiction <br /> The Hearing Examiner Pro Tern of the City of Everett has jurisdictional authority to hold a <br /> 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 Pro Tern enters the following <br /> conclusions: <br /> Criteria and Standards for Review <br /> Site-Specific Rezone— EMC 19.41.160.B.2 <br /> 1. The proposed rezone is consistent with the Everett Comprehensive Plan. <br /> 2. The proposed amendment bears a substantial relation to public health, safety, or <br /> welfare; andthe proposed rezone promotes the best long-term interests of the Everett <br /> community. <br /> 3. The proposed rezone mitigates any adverse impacts upon existing or anticipated land <br /> uses in the immediate vicinity of the subject property. <br /> Conclusions Based on Findings <br /> 1. The proposed C-2 zoning designation for Lot 1 would be consistent with the <br /> Comprehensive Plan land use designation for the site. The C-2 zone is identified as an <br /> 3 <br />