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f t <br /> 12. The zoning issue was remanded by the City Council to the Hearing Examiner for his <br /> consideration in conjunction with or prior to his consideration of the SPU permit; <br /> 13. Pursuant to Chapter 2.23.120 EMC, the Hearing Examiner did hold a public hearing; <br /> 14. The Hearing Examiner determined that the proposed juvenile facility was a permitted <br /> use in 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 <br /> second phase of the SPU hearing process. Notwithstanding, the Appellant filed an <br /> appeal of the Hearing Examiner's decision with the City Council. The Appellant <br /> contends that its appeal was appropriately and timely filed. The City Council <br /> determined that any such appeal would be heard only following completion of the SPU <br /> process before the Examiner; <br /> 16. Pursuant to 20.04.250 EMC, the City Council did hold a second public hearing on the <br /> SEPA issues of appeal on March 2, 1994; <br /> 17. The City Council reviewed the additional information regarding the impacts to the <br /> proposed facility and heard statements from the appellants, the applicant, and the city <br /> staff regarding the appeal; and <br /> WHEREAS, THE CITY COUNCIL CONCLUDES THAT: <br /> 1. The City Council has jurisdiction to hear the SEPA appeal pursuant to Chapter 20.04 <br /> EMC; <br /> 2. EMC 20.04.250 authorizes the City Council to remand cases to the Responsible <br /> Official with direction for further proceedings and to grant other appropriate relief, and <br /> 3. The Hearing Examiner's decision on the zoning issue is appealable to the City Council <br /> following the completion of the SEPA process and the second phase of the SPU <br /> hearing process. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF <br /> EVERETT THAT: <br /> 1. There was inadequate information provided to the City Council concerning the impact <br /> of the proposed facility on public safety, particularly regarding demands for police <br /> response; public services, particularly the impact on Everett public schools; social <br /> services; neighborhoods; and site contamination. Consequently, the MDNS is hereby <br /> remanded to the Responsible Official to generate additional information concerning <br /> these matters. Once this information is acquired, the Responsible Official is hereby <br />