3434 MCDOUGALL AVE 2018-01-02 MF Import

transit is not a significant criterion with this project. (Exhibit 1, Landles i testimony) 26. The proposed use has been reviewed by the Everett Planning Department and has boen found to be consistent with the development and use standards as set forth in the Everett Zoning Code. The proposal is consistent with the criteria of EMC 19.41.150.C&D and the land use standards for the C-2, Heavy Commercial and Light Industrial zoning designation. (Exhibit 1, Landles testimony) 27. A spokesman for Crown Distributing Company, Inc. (Crown) submitted opposition testimony regarding the application for the Special Property Use Permit. Crown, a distributor of wholesale beverages that specializes in the distribution of Anheuser Busch products, is located across a street from the proposed facility. According to Crown, its ventilation, heating and cooling systems are subject to contaminants that diminish the effectiveness and operation of the systems, and the proposed facility could create these contaminates and threaten Crown's operation. (Exhibit 28) 28. A "Minimum Risk Waste Facility" in the City of Everett is not defined in the Everett Municipal Code or the revised codes of Washington (RCW). However, according to Crown's legal counsel, the statutory definition of �y "moderate risk waste" is, "any waste that exhibits any of the properties of hazardous wastes but is exempt from regulation under (RCW Chapter 70.105) solely because the waste is generated in quantities below the threshold for regulation"and "any household wastes which are generated from the disposal of substances identified by the (Washington Department of Ecology) as hazardous household substances." Counsel fir Crown contended that the proposed facility is a moderate risk waste facility and not a minkmom risk waste facility and, therefore, not a permitted use in the C-2 zone. According to Crown, the wastes to be generated on -site would be those from substances identified as hazardous household substances and would be moderate risk wastes. This definition would preclude them from being categorized as minimum risk wastes and, therefore, would not be an allowed use in the C-2 zone. (Exhibit 28, Jones testimony) Jurisdiction: The Hearing Examiner of the City of Everett has jurisdictional authority to hold a hearing and to issue the decision. That tuthonty is set forth in EMC 2.23.120. Based on the above findings, the Hearing Examiner enters the following conclusions: 10 �,