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Notice of Lapsed Time and attachments.pdfCITY OF EDMONDS ® 1215" AVENUE NORTH ® EDMONDS, WA 98020 PHONE: 425.771.0220 ® FAX: 425.771.0221 ® WEB: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT: PLANNING ® BUILDING September 29, 2014 Amanda Nations 14432 SE Eastgate Way, Suite 260 Bellevue, WA 98007 amanda.nations@smartlinkllc.com Subject: Notice of Type I Action and Decision — PUD pole replacement in ROW near 18925 88th Ave. W (PLN20130079) Findings of Fact On January 28, 2014, the city of Edmonds ("City") notified you that additional information was necessary to process, review and/or issue a substantive decision on the project referenced above. A request that you submit the additional information was also included in that notice, a copy of which is attached as Exhibit A. On March 27, 2014, the City granted a one-time 90 -day extension for the resubmittal of the requested materials per ECDC 20.02.003.D.2. This decision extended the validity of the permit application through July 28, 2014. A copy of this decision is attached as Exhibit B. 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 [..] 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 January 28, 2014 and pursuant to the aforementioned ECDC and the 90 -day extension, you were afforded a total of 180 days to submit the 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." Page 1 of 2 As noted above, there is no evidence that you have submitted the additional information as requested. It is within the City of Edmonds Development Services Director's authority to instigate this Type I Action and to issue the decision below. Decision Because you have not submitted the additional information requested within 180 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 department within 30 days of this Notice. If no such arrangements are made timely, your application materials will be destroyed, in accordance with ECDC 20.02.003.D.3. According to ECDC 20.02.003.D.4, when an application has lapsed, you may request a refund of some or all of the preliminary application fee. To do this, submit a letter to the Development Services Director explaining the circumstances involved in the delay. Finally, pursuant to RCW 36.708.130, 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. Dated this 29th day of September, 2014. Mike Clugston, AICP Associate Planner Enclosures Page 2 of 2 M o, Michael From: Clugston, Michael Sent: Thursday, March 27, 2014 10:04 AM To: 'Amanda Nations' Subject: RE: 6908 174th pole replacement Hi Amanda, Thank you for your response. My date calculation was one month off - the response to the January 28 letter is actually due by April 28, not March 28. 90 days, not 60 - sorry about that. Regardless of my suspect ability to read a calendar, I am granting a one-time 90 -day extension for resubmittal of the materials requested on January 28, 2014 for permit PLN20130079 per ECDC 20.02.003.D.2. All materials requested in the January 28 letter must be received by July 27, 2014 or PLN20130079 will lapse due to lack of information. Thanks. Mike Clugston, AICP ( Associate Planner City of Edmonds 425-771-0220 michael.clugston@edmondswa.gov From: Amanda Nations[mailto:amanda.nations(a)smartlinkllc.com] Sent: Thursday, March 27, 2014 9:48 AM To: Clugston, Michael Subject: RE: 6908 174th pole replacement Good Morning Michael, I was unaware that George had not yet responded to the letter of incompleteness. Please accept this email as=a formal request for a 90 day extension. Thank you, Amanda (dations I Land Use Specialist Smartlink 14432 SE Eastgate Way, Suite 260 — Bellevue, WA 98007 (m) 206.496.2294 (f) 425.274.4449 www.smartlinkllc.com This electronic mail (including any attachments) may contain information that is privileged, confidential, and/or otherwise protected from disclosure to anyone other than its intended recipient(s). Any dissemination or use of this electronic email or its contents (including any attachments) by persons other than the intended recipient(s) is strictly prohibited. If you have received this message in error, please notify us immediately by reply email so that we may correct our internal records. Please then delete the original message (including any attachments) in its entirety. Thank you. From: Clugston, Michael[ma iIto: Michael. Clugston@edmondswa.gov] Sent: Wednesday, March 26, 2014 4:19 PM To: Amanda Nations Cc: Jacob Hamilton Subject: FW: 6908 174th pole replacement Hi Amanda, I got your voicemail earlier today. I sent a decision on PLN20130069 to Jacob Hamilton last week. If you have any questions about this permit, please let me know. I had also been working with George Johnston on PLN20130079, a pole replacement off 881" Avenue West. I had sent him the attached correction letter on January 28 but hadn't heard anything back. The permit will lapse for lack of complete information on March 28 unless you request a 90 -day extension per ECDC 20.02.003.D.2. If you email me by Friday requesting an extension of PLN20130079, I'll grant a one-time extension of 90 days for resubmittal. Regards, Mike Clugston, AICP I Associate Planner City of Edmonds 425-771-0220 michael.clugston@edmondswa.gov From: Clugston, Michael Sent: Friday, March 21, 2014 4:27 PM To:'jacob.hamilton@smartlinklic.com' Subject: 6908 174th pole replacement Hi Jacob, Attached is the conditional use permit decision for PLN20130069. If you have any questions, please let me know. Regards, Mike Clugston, AICP I Associate Planner City of Edmonds 425-771-0220 michael.clugston@edmondswa.gov `lie. 12,9" January 28, 2014 1215 th Avenue North, Edmonds WA 98020 Phone: 425.771.0220 ® Fax: 425.771.0221 ® Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT ® PLANNING DIVISION George Johnston Smartlink, LLC on behalf of AT&T Wireless PO Box 77241 Seattle, WA 98177 Subject: Letter of incomplete application, AT&T Mobility structure -mounted wireless CUP File: PLN20130079 (SN2887) Dear Mr. Johnston, The City of Edmonds has reviewed your application for a conditional use permit to replace a structure -mounted wireless facility on a new PUD pole within the City's right-of-way on 88th Avenue West (adjacent to 18925 88th Ave. W). Before continuing with the review of the permit, however, the following information is required: 1) $185 noticing fee. I confused the required fees at intake — since the application was initially submitted on December 31, 2013 (the day before the City's new fees took effect), an additional $185 fee for posting and notice is required. I apologize for the oversight. 2) Notarized APO form. While the Adjacent Property Owner addresses and labels were submitted, the notarized form itself is missing. The form is available with Handout P2 here: http://www.edmondswa.gov/services/permits-development/handouts- forms/handouts-by-number.html. 3) Existing and proposed coverage maps per ECDC 20.50.070(B) and (C). 4) Photo of existing site appearance per ECDC 20.50.070(E). 5) A noise report per ECDC 20.50.070(F) in accordance with ECDC 20.50.050(C), as applicable. 6) RF emissions report per ECDC 20.50.070(G). Please keep in mind that a complete response to this information request must be receivef. within 1 days or • • •n will lapse forrn (ECDC 20.02.003.1)). If you have any questions, please let me know either at 425-771-0220 or michael.clugston@edmondswa.gov. Sincerely, 1�w Mike Clugston, AICP Associate Planner 21 Page