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'114 <br /> RESOLUTION NO. .:39f/ <br /> ,z. <br /> A RESOLUTION adopting findings, conclusions, and <br /> decision concerning the appeal of the MDNS for the Second <br /> Chance juvenile facility. <br /> WHEREAS THE CITY COUNCIL FINDS THAT: <br /> 1. SEPA and SPU applications were received by the city from Second Chance for a <br /> juvenile facility at 40th and Smith Street; <br /> 2. A revised Mitigated Determination of Non-Significance (MDNS)was issued on March <br /> 29, 1993, SEPA#51-92; <br /> 3. Stop Lulu's in Everett appealed the SEPA determination; <br /> 4. Pursuant to EMC 20.04.250, the City Council held a public hearing on the appeal on <br /> June 16, 1993; <br /> 5. The City Council reviewed the written materials submitted in this matter and listened to <br /> testimony provided by the appellant, applicant, and city staff; <br /> 6. Included within the SEPA appeal was the issue of whether the proposed juvenile <br /> facility use was a permitted use in the C-2 zone; <br /> 7. Issues raised by the appellant included, among others, public safety, public services, <br /> social services, site alterations, steep-sensitive slopes, impact on neighborhoods, park <br /> and trail impacts, and site contamination; <br /> 8. The City Council decided there was inadequate information concerning the impact of <br /> the proposed facility on public safety, public services, social services, site alterations, <br /> steep-sensitive slopes, impact on neighborhoods, parks and trail impacts, and site <br /> contamination; <br /> 9. The MDNS was remanded by the City Council to the Responsible Official to generate <br /> additional information concerning these matters; <br /> 10. The City Council also disagreed with the Planning Department's determination that the <br /> proposed juvenile facility was a permitted use in the C-2 zone; <br /> 11. The City Council decided it did not have the authority to consider the zoning issue <br /> during the SEPA appeal hearing; <br />