Resolution 4168 - Laserfiche WebLink

Second Chance SPU #5-93 Page -4- 3. In the City of Everett, SEPA review appeals are heard and decided by the City Council. On June 16, 1993, the City Council held a public hearing on the Slatten SEPA appeal but did not reach a decision on the appeal. The Council, however, passed a resolution questioning the zoning classification of the subject property and more specifically whether or not the proposal was a permitted use in the C-2 zone. In Resolution #3817 (exhibit#8) the City Council, pursuant to the Everett Municipal Code (EMC) 20.04.250, remanded the zoning classification issue to the Hearing Examiner for review. In its deliberations, the Council indicated that it did not agree with the Planning Department's determination that the proposed juvenile facility was a permitted use in a C-2 zone. The September 30, 1993, hearing was held by the Everett Hearing Examiner pursuant to this request. 4. The subject property is zoned C-2, Heavy Commercial/Light Industrial. In EMC Title 19, Use Standard Table (C-2), Section 25, (page 25-05) "jails and correctional facilities" are a permitted use in a C-2 zone. These facilities must be reviewed through a process IIIB review. 5. The Everett Zoning Code is silent on any definition of"jails and correctional facilities". 6. The Washington State Division of Juvenile Rehabilitation (DJR), a department within the State Department of Social and Health Services, is mandated by law to enforce the custodial requirements of juvenile defenders within the State of Washington. Prior to coming under the control of DJR, the juveniles have been determined to be guilty of a felony by the Superior Courts of the State of Washington. Although in the custody of DJR, the Superior Courts retain custodial jurisdiction over the juveniles. 7. DJR contracts with non-profit organizations to provide treatment facilities for the juveniles under their care. These transition facilities provide housing, supervision, and counseling to juveniles. The primary purpose of the transition facility is to integrate the juvenile offenders back into the community through the provision of a broad range of services, including individual and group counseling, social skills training, self-esteem training, anger/stress management, recreation therapy, religious activities, family counseling, and work or educational programs. The proposed facility on the subject property, which will be operated by Second Chance (a non-profit corporation), will be a transition facility and will include room for 28 juveniles currently under the custodial authority of DJR. 8. DJR has the authority to contract with Second Chance for the operation of the facility. RCW 72.05.160 allows DJR to contract with any private social agency in carrying out the provisions of child and youth services, including the custodial care of children convicted of felony crimes. The use of this agency does not relieve DJR from any of its responsibilities mandated by the State of Washington.