3434 MCDOUGALL AVE 2018-01-02 MF Import

As noted, minimum risk waste collection centers are not defined within the City of Everett. However, the proposed facility is similar to the statutory concept of a "moderate risk waste facility". Based on the legislative intent of RCW 70.105.005(10), it is appropriate for the City of Everett to manage the minimum or moderate risk waste that will be generated from this site. With adherence to the Special Property Use Permit criteria and the environmental review of the proposed project, the City can ensure that the facility Is consistent with its Zoning Code and its environmental laws. The proposed use is a permitted use allowed on - site because of the authority of the City of Everett to plan for and carry out programs to manage risk wastes. 16. To accept Crown's position that the proposed facility is not a minimum risk waste facility would create a paralyzing governmental impact for the proposal. According to Crown, the proposed facility is not a minimum risk waste facility but is a moderate risk waste facility not permitted in the C-2 zone. However, as noted in the previous conclusion, RCW 70.105.005(10) requires local management of moderate risk waste facilities. It, thus, stands to reason that the proposal is subject to the jurisdiction of the City of Everett and its Zoning Code and is a permitted use with a Special Property Use Permit. DECISION Based upon the preceding findings of facts and conclusions, testimony and evidence submitted at the public hear.':,g, and upon the impressions of the Hearing Examiner at a site view, it is hereby ordered that a Special Property Use Permit is granted to Snohomish County Public Works Solid Waste Division to operate a Moderate Risk Waste Facility on property at 3402 McDougall Avenue, Everett, Washington. The permit is granted subject to the following conditions: The facility will be developed substantially as shown on the site plan dated February 13, 1998. The facility shall be developed for the following functions: waste receiving; waste processing; waste storage; and, education and material reuse information. Any alteration of these functions or of the proposed design will be subject to further Special Use Permit review. 2. Landscaping shall be provided consistent with the landscaping plan, dated February 13, 1998 (exhibit 6). 13