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12. The zoning issue was remanded by the City Council to the Hearing Examiner for <br /> consideration in conjunction with or prior to his consideration of the SPU permit; <br /> 13. Pursuant to Chapter 2.23 EMC, the Hearing Examiner did hold a public hearing; <br /> 14. The Hearing Examiner determined that the proposed juvenile facility was a permitted use in <br /> the C-2 zone subject to the SPU hearing process; <br /> 15. The Hearing Examiner's decision on the zoning issue is appealable to the City Council <br /> following the hearing on the SEPA issues of the appeal and the completion of the second <br /> phase of the SPU hearing process. Notwithstanding, the Appellant filed an appeal of the <br /> Hearing Examiner's decision with the City Council. The Appellant contends that its appeal <br /> was appropriately and timely filed. The City Council determined that any such appeal would <br /> be heard only following completion of the SPU process before the Examiner; <br /> 16. The City Council did hold a second public hearing on the SEPA issues of appeal on March 2, <br /> 1994; <br /> 17. The City Council reviewed the additional information regarding the impacts to the proposed <br /> facility and heard statements from the appellants, the applicant, and the City staff regarding <br /> the appeal; <br /> 18. The City Council determined there was inadequate information to decide the issues on appeal <br /> and remanded the MDNS to the Planning Staff to generate additional information regarding <br /> the potential impact that the proposed Second Chance facility would have on public safety, <br /> public services, social services, neighborhoods, schools, parks and recreational facilities; <br /> 19. On June 1, 1994, City Staff presented City Council with a set of questionnaires to be used to <br /> develop the additional information City Council was requesting. The appellants objected to <br /> the content of the proposed questionnaires and Council members also expressed some <br /> concerns about the questionnaires; <br /> 20. The City Council directed the Planning Staff to meet with the appellants and applicants to <br /> address the issues regarding revisions, modifications and/or additions to the questionnaires <br /> which would be used to gather additional information on the impacts of the proposed Second <br /> Chance juvenile facility on public safety, public services, social services, neighborhoods, <br /> schools and parks; <br /> 21. The City Council on August 3, 1994, adopted the resolution remanding the SEPA appeal to <br /> Planning Staff to generate additional information (which formalized the direction previously <br /> given by Council); and confirmed the revisions agreed to by the applicant/appellants including <br /> the changes and the list of facilities to be surveyed and directed staff to proceed with mailing <br /> the letters/questionnaires which would generate additional information which Council <br /> requested before making a decision on the SEPA appeal; <br /> 2 <br />