Yellow Pages
Public comments have little effect on ultimate decision
Even if the Sedro-Woolley City Council hadn’t passed a resolution in May 2007 supporting Deluxe Recycling and Disposal’s plans to build a facility on Jameson Street, little could have been done to prevent it.
“It’s not a Council decision,” said Eron Berg, city attorney and supervisor. “In the future, if the Council wanted to stop something like this, they’d have to change the zoning definitions.”
To obtain a building permit from the city, Deluxe Recycling will need to mitigate for the 27 items listed in the State Environmental Policy Act (SEPA) Mitigated Determination of Non-significance (MDNS) issued on March 7.
The recycling facility proposed on the 12.84-acre former lumber mill site would also process construction debris and offer a public self-service drop-off area for recyclable materials.
Current industrial zoning regulations do not prohibit this type of facility, Berg said. The city can control what types of uses are allowed in each zone, but they can’t make changes after a business has already applied for a building permit.
“It’s important to remember you can’t do any of this ex post facto,” he said.
If Deluxe wants to eventually convert the 30,000-square-foot recycling center into a transfer station, it will need additional permits from Skagit County.
Opposition
Despite the overwhelming majority of comments received from citizens opposing the Deluxe location, Berg said there is little the city can do.
“Whether we issue a permit or not is not a popular vote scenario,” Berg said.
The only type of comment that could have required a full environmental impact study would have been a potential environmental hazard that could not be mitigated, Berg said.
“Comments we receive for most projects are from those opposed,” he said. “That is not unique to this project.”
The Sedro-Woolley Planning Department didn’t identify any concern that couldn’t be addressed, Berg said.
The SEPA list of required mitigation lays out the guidelines for Deluxe.
“That was really the comittment the city made to the community,” Berg said. “If we let something like this happen, it will be done right. And the applicants aren’t opposed to doing it right.”
Related Deluxe Recycling Articles:
Deluxe: Definition Info Box
Countywide officials discuss governance board
A look into Recycling and Disposal Services
SWHS students opposed to locating facility next door
City approves building permit with 27 requirements
Neighborly Perspective
Deluxe Recycling MDNS Highlights
