2010/05/26 Council Agenda Packet

Response to Comments CEMEX Final Supplemental Environmental Impact Statement November 30, 2009 In closing Mr. Zane makes the following requests: "... that the City supplement its DSEIS analysis to include an express analysis of the potential impacts of StockPot's industrial use on future residential users of the CEMEX site, Stockpot further restfully requests that the City mitigate these impacts by requiring the applicant to convey an easement, biding on all lots created by future subdivisions in the Proposal area, that expressly permits StockPot to emit odors that are within limits established by the Puget Sound Clean Air Agency and noise within established regulatory limits. Response: The City notes and responds to the following elements of Mr. Zane's comment letter: Campell's requests the City list, suggest and analyze changes to relevant industrial land use policies that would be needed if the CEMEX proposal were considered for approval. Response: The requested actions are attached to this document under Appendix C: "Industrial Policy Analysis." Cambells' asks the City to examine potential impacts from noise and odor to potential future residential users of the CEMEX site, estimated in this analysis to be approximately 1,715 people. Response: There are two issues, noise and odor, raised in the Campbell's Soup/Stock Pot Inc. comment letter dated October 26, 2009, regarding the Draft Supplemental Environmental Impact Statement (EIS) for the CEMEX proposal. The City's response is as follows: Noise related to development and on-going land use activities is regulated by the City of Everett Noise Ordinance (Ord. 1556-89). These regulations establish various Noise Control Districts with differing noise standards based on the underlying zoning. The CEMEX and the adjacent Campbell's/Stock Pot Soup properties are currently zoned M-1 Industrial, placing them in noise District III. This district establishes a day time noise level of 70 dBA. The property is proposed to be rezoned to C-1 General Commercial, placing it in noise District II. The regulations generally provide that the day time noise level for the receiving property in this situation not exceed 65 dBA (a 5 dBA reduction in permissible noise day time noise allowed under the current District III or M-1 zoning). These standard noise levels are to be reduced by 10 dBA during the night time, also, these standards may be exceeded for short periods of time as detailed in the ordinance. The net impact of the rezone would be to reduce by 5 decibels the level of noise at the receiving property line (CEMEX site). Future tenants or residents on the CEMEX property may force surrounding industrial uses, such as Campbell's/Stock Pot Soup, to reduce the level of noise. Chapter 3 — Land Use Policy Comments 19