2005/12/05 Council Agenda Packet

substantiated by supportive opinion and data." Leschi Improvement Council v. State Highway Comm 'n, 84 Wn_2d 271 (1974); see also Kiewit Const. Group v. Clark Cty., 83 Wn.App. 133, `(1990). Based on negative impacts disclosed in an EIS, decision makers have discretion to condition or deny project approval.' In this regard, SEPA "overlays local ordinances and must be enforced even where a particular use is allowed by local law or policy." West Main Assocs. v. Bellevue, 49 Wn.App. 513, 525 (1987). Among the key purposes of SEPA is to assure "for all people of Washington safe, healthful, productive, and esthetically and culturally pleasing surroundings; ... [and to] [p]reserve important historic, cultural, and natural aspects of our national heritage." RC W 43.21 C.020(2) 2 History of Development Intent for PEMC In the late 1960's, then -Everett General Hospital bought the houses on the south end of the 1200 block of Colby and Hoyt and demolished the homes. In 1981, the hospital planned to expand on a temporary basis to the lot at Colby and 13', was granted permission by the city, yet declined to pursue their plans (appendix 1). The DEIS refers to a "significant history and a significant record of decisions indicating that any hospital growth should not cross the arterial" of Colby, however this is not supported by any written documentation. The "bright line" referred to by PEMC does not exist in any formal written agreement. (Appendix 2) In addition, we are unable to locate any record of official direction from the city about the hospital's growth to the east. If there was any agreement, it appears to have been made without any input from the people living to the east of the hospital, denying their right to participate decision-making affecting their neighborhood. In 1988, when the hospital wanted to expand eastward and take over the west side of the 1300 block of Rockefeller to make a new parking garage, they threatened to leave if they were not granted permission by the City. At that time, the hearing examiner's stated: ,,With the intensive site development, the neighborhood is not being encroached upon by the hospital. It must be recognized that the hospital is a community- based facility that provides vital services to the entire city of Everett and other areas of Puget Sound. The hospital is limited in its expansion and must be creative in its designs for providing better facilities for the community ... It is desirable that the negative impacts of this development are minor upon the neighborhood." (Appendix 3) The Donovan homes, including the block bounded by 13' and 14' and Rockefeller and Oakes (Block 248), were first acknowledged as having historical value in 1985, and coincidentally the hospital purchased 8 homes the next year. With each new � "SEPA bestows broad powers and is to be given vigorous construction. The policies and goals of SEPA supplement the existing authority of all government agencies and give officials the discretion to deny projects based on negative environmental impacts disclosed by an EIS." Victoria Tower Partnership v. City of Seattle, 59 Wn.App.592, (1990). Z "SEPA statements of purpose and policy may have regulatory effect to the extent that they provide a valid basis for declaring environmental impacts unacceptable in a particular case" West Main Assocs. v. Bellevue, 49 Wn.App. 513, _ (1987).