Resolution 3890 - Laserfiche WebLink

" . . . does not provide a transition in scale and use between the residential and commercial areas. EMC 19.21.010 (page 21.04) , which established the 100 foot setback from residential zones that adjoin C-1R properties with dancing or live entertainment, clearly was a standard that was enacted to provide 'a transition in scale and use' between these conflicting areas." The Examiner concluded that, because the proposal does not meet the 100 foot setback standard, it would not be adequately screened or buffered from the single-family zone to the south. The Examiner also concluded that exterior noise would be generated by ancillary activities on the site, including parking, loading, and increased people. The purpose of the 100 foot setback is to reduce noise impacts associated with live music and dancing. During the process of revising the Zoning Code in 1988-89, the Planning Department received public input and complaints about loud music from existing businesses adjoining residential property. The standard was not intended to apply to accessory uses and activities, and did not originate as a result of noise from these activities. There are other standards in the Zoning Code that are intended to provide a transition in scale and use. These include the Type I landscaping standard, and the requirement for a six foot solid fence. There is an additional limitation on building height for structures located near residential zones. The proposal complies with all of these standards. These regulations were intended to implement the policies of the Everett General Plan. Conclusions: The principle issue of land use compatibility that must be addressed is the noise resulting from live music at the restaurant. Based on detailed noise studies provided by an acoustical engineer, City staff and the Hearing Examiner have concluded that exterior noise levels would be reduced to below the threshold of the Noise Ordinance, if the addition is constructed in accordance with the recommendations of the amended acoustical study. The above findings concerning applicability of the 100 foot setback standard mean that substantial weight should be given to the issue of exterior noise resulting from live music at the restaurant. This assumes the soundstage would be relocated to the new addition. No evidence has been submitted to demonstrate that exterior noise and other impacts resulting from ancillary site activities would be greater from Gerry Andal's than for other uses permitted outright in the zone. With the attached conditions, the Andal's use would comply with all 5