NOTICE OF APPEAL HEARING
Proposal: Appeal of Mitigated Determination of Non-Significance Lynnwood Comprehensive Plan – Imagine Lynnwood, (APPL-24-0001).
Date of this Notice: November 14, 2023
Notice: The City of Lynnwood’s Hearing Examiner will conduct an appeal hearing on December 5, 2024, at 9:00 AM. All interested parties will be heard. The appellant has the right to call witnesses and present evidence; however, all interested persons are invited to be present and to offer any comments they may have regarding the proposal. No new materials, testimony, or statements shall be considered by the Hearing Examiner after the date of this public hearing.
Appellant: Theodore R. Hikel, Jr.
Project/File Number: Mitigated Determination of Non-Significance Lynnwood Comprehensive Plan – Imagine Lynnwood (SEPA-24-0006)
Project Proposal: On October 9, 2024 the Appellant, Theodore R, Hikel Jr. submitted an appeal to the Mitigated Determination of Non-Significance for the Lynnwood Comprehensive Plan – Imagine Lynnwood (SEPA-24-0006).
Circumstances of Appeal: On September 13, 2024, the City of Lynnwood issued a determination that the proposal (SEPA-24-0006) will not have a probable significant adverse impact(s) on the environment. A mitigation measure was added to the city-wide determination for completion of the City Center + Alderwood Subarea Planned Action Environmental Impact Statement. This mitigation measure will coincide with zoning update requirements set forth by ESSHB 1110 addressing Minimum Development Densities in Residential Zones, and EHB 1337 addressing Accessory Dwelling Units – Urban Growth Areas.
The following provision(s) of the Lynnwood Municipal Code which are the subject of the appeal:
LMC 17.02.110 Mitigated DNS (WAC 173-806-100)
LMC 17.02.195 Appeals (WAC 173-806-170)
Statement of Appeal: The Appellant states ““The City of Lynnwood Comprehensive Plan 2024 Periodic Update (SEPA-24-0006)”, has not been available to the public or the City Council in a finished form as far as I have been able to determine. At a September meeting the Council requested changes to the document presented to them at that time. I have not seen an update as requested by the Council. I hereby appeal the threshold determination.” Appellant also states that property rights will not be protected, and that the SEPA determination did not evaluate impacts on personal and financial wellbeing.
Location: Citywide
Public Hearing: Members of the public are invited to attend and participate in the public hearing in person at City Hall Council Chambers, 19100 44th Ave W, Lynnwood WA 98036. If you are unable to attend in person, the meeting will also be streamed via Zoom at: https://lynnwoodwa.zoom.us/s/84665332211 or join by phone at: +1-253-215-8782, Webinar ID: 846 6533 2211.
Appeal of Hearing Examiner Decision: Only the appellant or the applicable department director may request reconsideration by the Hearing Examiner or appeal the Hearing Examiner’s decision to Superior Court. The request for reconsideration must be filed within seven (7) calendar days of the date of the Hearing Examiner’s decision and does not alter the appeal period for filing with Superior Court unless the reconsideration request is granted. An appeal to Superior Court must be filed within twenty-one (21) days from the date of the Hearing Examiner’s decision is issued. The date of issue is three days after mailing.
Additional Information: There are occasions when meetings may be postponed due to unforeseen circumstances. It is therefore advised that you confirm the meeting is going to be held prior to attending. The City of Lynnwood is committed to assuring equal access and non-discrimination according to Title VI of the Civil Rights Act and the Americans with Disabilities Act. For more information visit www.LynnwoodWA.gov/TitleVI.
Contact: The file is available for review at the Development & Business Services Department office at 20816 44th Ave W, Suite 230, Lynnwood, WA 98036. The City’s contact for this project is: Karl Almgren, Community Planning Manager; 425-670-5041, kalmgren@lynnwoodwa.gov. If you have questions, please reference the “Comprehensive Plan Appeal Hearing”. More information can be found on the City’s website at: www.lynnwoodwa.gov by searching “Public Land Use Notices”.
Public Hearing Date: December 5, 2024, at 9:00 AM