Resolution 4168 - Laserfiche WebLink

Second Chance SPU #5-93 Page -8- 2. Pursuant to the State Environmental Policy Act and the City of Everett's environmental ordinances, the City Planning Department was designated the lead agency for environmental review. After initial issuance and withdrawal of a Mitigated Determination of Non-Significance (MDNS) for the property, the proposed project was finally given a MDNS. Slatten appealed the MDNS. 3. The issue before the Hearing Examiner is limited to the issue addressed by the City Council when it heard the Slatten MDNS appeal. The City Council issued Resolution #3817 in which it remanded the issue relating to the zoning classification of the subject property to the Hearing Examiner for further review. Specifically, the issue to be considered by the Hearing Examiner is whether the proposed juvenile care transition facility is a permitted use in a C-2, Heavy Commercial/Light Industrial zone. 4. The Everett Zoning Code lists "jails and correctional facilities" as permitted uses in a C-2 zone. There are no definitions of the terms "jails or correctional facilities" in the Everett Zoning Code. The City Council requested input from the Hearing Examiner as to whether the proposed juvenile care transition facility is a permitted use in C-2 zones and more specifically, whether or not the proposal is a jail or correctional facility. 5. The Planning Director of the City of Everett determined that the juvenile care transition facility is a correctional facility. Significant and considerable deference must be given to the officials of a City charged with the enforcement and review of ordinances for land use. Balser Investment vs. Snohomish County, 59 Wn.App. 29, 37, 795 P.2d 753; and Mall Inc. vs. Seattle, 108 Wn. 2d 369, 739 P.2d 668. Such deference is given to the director. 6. Juvenile offenders are en Med-to-rehabilitation and treatment (RCW 13.34.010(2)f and RCW 72.05.130). The juvenile care transition facility as proposed by Second Chance will fulfill this mandated requirement by giving juveniles the opportunity to attend work and school and provide individual group and family counseling, as well as social skills, training, self-esteem training, stress/anger management classes, and recreational and religious activities. The locale for said court required rehabilitation and treatment will be the Second Chance facility which will be a custodial institution and a correctional facility. 7. The facility is more restrictive than a group home because the juveniles who will be incarcerated at the juvenile care transition facility will have freedom restricted and will be allowed off the premises only to attend school, work, or counseling.