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November 6, 2008 <br />Page 2 <br />StockPot, we have identified the following areas of concern for Stockpot. We believe that the <br />proposed Comprehensive Plan leap amendment and rezone as currently drafted will have <br />probable, significant adverse environmental impacts. As such, we respectfully request that the <br />City either impose additional mitigation conditions to the MDNS to resolve these impacts or <br />direct the applicant to prepare an Environmental Impact Statement. <br />1. Traffic. The StockPot Culinary Campus employees, customers, suppliers and <br />transporters of StockPot's products all use the same street system as is currently used by the <br />CEMEX operation and will be used by residential, commercial and industrial users of the <br />rezoned redevelopment. StockPot's primary route for its street uses leads through the <br />intersection of Hardeson Road and Sievers Ducey Blvd. While the traffic impact study states <br />that the total number of daily trips from the proposed rezoned development will be fewer than <br />the total number of daily trips from the fully developed industrial use currently zoned, the traffic <br />impact study acknowledges that the impact from the rezone on the HardesordSievers Ducey <br />intersection will be significant and adverse. In other words, the Level of Service at this <br />intersection moves from LOS C to LOS D if the property is developed under the current zoning, <br />but the Level of Service moves from LOS C to LOS F under the rezone — welI below the City of <br />Everett's acceptable LOS D standard. According to the highway C01.2acily Manual 2000, cited <br />in Table 1 of the Traffic Study, this represents a movement from "occasional back-ups may <br />develop, but delay to vehicles is short term and still tolerable" (LOS C) to "jammed conditions <br />on all approaches with excessively long delays and vehicles unable to move at times" (LOS F). <br />This degradation of the level of service at the Hardeson Road and Sievers Ducey Blvd. <br />intersection clearly represents a "probable, significant, adverse" impact that will greatly affect <br />Stockpot. StockPot respectfully requests that the City require the applicant to mitigate this <br />impact by making whatever improvements may be necessary to maintain the level of service for <br />this intersection at LOS D or better. <br />2. Compatibility with Existing Land Uses. As noted above, the proposed Comprehensive <br />Plan map amendments and rezone will allow substantial residential — up to approximately 3,240 <br />residents -- and commercial use of the CEMEX site in place of industrial use. StockPot's <br />production activities on occasion emit odors that are well within regulatory limits but that some <br />residential and commercial users may find objectionable. It has been StockPot's experience that <br />industrial users tend not to object to such odors. Consequently, such a significant amount of <br />closely proximate residential and commercial use simply may not be compatible with StockPot's <br />current industrial use. The change allowed by the Comprehensive Plan map amendment and <br />rezone thus also represents a "probable, significant, adverse" impact of increased incompatibility <br />with current industrial use. StockPot respectfully requests that the City require the applicant to <br />mitigate this impact by conveying to StockPot a casement that that expressly permits StockPot to <br />emit odors that are within the limits established by the Puget Sound Clean Air Agency. This <br />easement would be recorded on the title to the CEMEX property and subsequently be carried on <br />the title to each of the later subdivided lots. This odor easement is similar to the aviation <br />easement requested by the Boeing Company to benefit Paine Field. <br />DW'r 120853490 0009244-000008 <br />