Notice of Lapsed Time - Abandoned Application.pdfOF EDMONDS
121 5rh Avenue North, Edmonds WA 98020
Phone: 425.771.0220 ® Fax: 425.771.0221 ® Web: www,(,.,i.edmonds.wa.us
DEVELOPMENT SERVICES DEPARTMENT ® PLANNING DIVISION
Al Dykes
ESC Associates
PO Box 579
Leavenworth, WA 98816-0579
Subject: Notice of Type I Action and Decision— Contract Rezone Application PLN20090051
Findings of Fact
On June 2, 2011, the City of Edmonds ("City") sent a letter to your agent Michael Spence of Haff ison
Benis & Spence, LLP (who is listed as the contact person/agent on the PLN20090051 Land use
Application. Form) requesting information from you on how you wished to proceed with your contract
rezone application for the property located at 190 Sunset Avenue (PLN20090051). This information was
necessary to continue to process, review and/or issue a substantive decision on your application. This
request for additional information is attached as Exhibit A.
On June 29, 2011 Mr. Spence contacted the City inquiring if there would be any fees associated with
starting the consultant selection process over. The City responded via email on June 30, 2011 that the
applicant would be responsible for covering the costs associated with re -advertising the Request for
Qualifications.
On August 30, 2011, the City received an email from Mr. Spence acknowledging the August 31, 2011
deadline to the June 2, 2011 letter. This email advised that the City may speak directly to Al Dykes (ESC
Associates, applicant) regarding how he wishes to proceed and provided email address and phone number
for Mr. Dykes. The City responded to the email (which was sent to Mr. Spence, Mr. Dykes, and Roger
Harman) on August 31, 2011 indicating that the City needed a response that day (August 31, 2011) or the
application will lapse pursuant to ECDEC 20.02.003.D.3. No response was received by close of business
on August 31, 2011 nor as of the writing of this decision.
It has been more than 90 days since the request for additional information has been made, but current
records indicate that you have not submitted the information requested by the City. Again, without this
information the City cannot continue to process, review and/or issue a substantive decision on your
application.
Conclusions of Law
Edmonds Community Development Code ("ECDC") 20.02.003.D.2 provides that "[w]henever the
applicant receives a notice that the contents of the application, which had been previously determined
under subsection (A)(l) of this section to be complete, is insufficient, ambiguous, undecipherable, or
otherwise unresponsive of the information being sought, the applicant shall have 90 days to submit the
necessary information..
As noted above, you were notified by the City that additional information was necessary on June 2, 2011,
and pursuant to the aforementioned ECDC, you have been afforded 90 days to submit the requested
information before this Type I Action was instigated.
ECDC 20.02.003.D.3 further provides that "[i]f the applicant does not submit the additional information
requested within the 90 -day period for the development project permit, the director shall make findings
and issue a decision, according to the Type I procedure, that the application has lapsed for lack of
information necessary to complete the review. "
As noted above, there is no evidence that you have submitted the additional information as requested. It
is within the City of Edmonds' authority to instigate this Type I Action and to issue the decision below.
Decision
Because you have not submitted the additional information requested within 90 days, pursuant to the
above referenced codes, the City is hereby issuing this Notice of Type I Action and Decision ("Notice")
that your application has lapsed for lack of information necessary to complete the review. No further
action by the City will be taken on your application. If you believe you submitted the additional
information requested and have supporting evidence, please contact the City immediately. Otherwise,
you will need to make arrangements to pick up your application materials from the City's planning
departments within 30 days of this Notice. If no such arrangements are made timely, your application
materials will be destroyed. You may also request a refund of the remaining application fee.
Finally, pursuant to RCW 36.70B.130, property owners that are affected by the decision issued in this
Notice may request a change in valuation for property tax purposes notwithstanding any program of
revaluation. Any such request, if applicable, should be directed to Snohomish County.
this 7th day of September, 2011.
Kernen Lien
Associate Planner
Development Services Department
Encl: June 2, 2011 Project Status Letter
Cc: Michael Spence, Harrison Benis & Spence, LLP
Jeff Taraday, City Attorney
PLN20090051 Parties of Record
June 2, 2011
121 5th AVENUE NORTH - EDMONDS, WA 98020 - (425) 771-0220 - FAX (425) 771-0221
Wehsi(e: www.d. edmondsma. Lis
DEVELOPMENT SERVICES DEPARTMENT
Michael Spence
Harrison Benis & Spence, LLP
2 101 Fourth Ave, Suite 1900
Seattle, WA 98121-2315
SubJect: Sunset Landing Contract Rezone: PL.N20090051
Project Status
Dear Mr. Spence:
MIKE COOPER
MAYOR
Following the consultant selection process for the Sunset Landing Environmental Impact Statement (EIS),
we met on April 25, 2011 to discuss setting up a contract with the City of Edmonds and selected
consultants (EA Blumen) so work on the Draft EIS could begin. At this meeting Mr. Dykes expressed his
displeasure with the selection process and the meeting concluded without indication as to whether the
project would proceed with the selected consultants.
More than a month has passed since the April 25"' meeting and though we spoke on the phone several
times, there is still no indication fi-orn the applicant on ]low they wish to proceed. At this point some
decision oil the application and EIS preparation needs to be made. There are basically two options for
proceeding with EIS preparation:
I . Proceed with EA Blumen as the consultant for the EIS. As mentioned at the April 25"' meeting,
the budget estimate in the EA Blunien's proposal was an estimate demonstrating their
understanding of the project based on the RFP. We believe that EA Blumen is willing to further
negotiate the budget for the EIS. The City's primary role in such a negotiation is to ensure that
the SEPA process results in an EIS that adequately informs the decision -makers about the impacts
of the proposal and possible mitigation measures. As long as the budget is consistent with this
goal and the other requirements of SEPA, we are willing to explore with EA Blumen any number
of cost-cutting measures that you might suggest.
2. Alternatively, the City can reissue a Request for Qualifications (RFQ). The City will publish and
advertise the R-FQ with no request for budget estimates and the City will choose the best qualified
consultant based on the statements of qualifications and interviews.
Please let us know how the applicant wishes to proceed. Pursuant to ECDC 20.02.003.D,2, provide a
response within 90 days of tile date of this letter which is August 31, 2011. The application will lapse
pursuant to ECDC 20.02.003,D.3 if the City has not received a response by August 31, 2011.
Feel free to contact me if you have any questions, 425-771-0220.
Sitieerely,
Y,
" �V ,, I
1 / \ , rncn Lien
Associate Planner
Cc: jeff'raraday, City Attorney
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Exhibit A