3620 W MUKILTEO BLVD HARBORS EDGE TOWNHOMES 2025-09-24

development of other vacant NB -zoned parcels in the area. Exhibits 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, and 33. 32. Prior to hearing, the City also received comments from the Washington State Department of Ecology dated April 25, 2022, which submitted standard comments regarding the toxics clean up standards that could apply in the event that the uses previously onsite may have used an underground oil tank as a heat fuel source and comments indicating that the Category IV wetland delineated on site would be a water of the state subject to the applicable requirements of state law (see RCW 90.48 and WAC 173.201 A) and Section 401 of the Clean Water Act (33 USC § 1341) and 40 CFR Section 121.2, including but not limited to the following: a requirement for a jurisdictional determination from the U.S. Army Corps of Engineers stating which delineated wetlands on the property are under federal jurisdiction; a joint aquatics resources permit application (DARPA) form for impacts to jurisdictional wetlands submitted to Ecology, and a required mitigation plan for unavoidable wetland impacts following the standards in Wetland Mitigation in Washington State — Part 1: Agency Policies and Guidance (Ecology Publication # 21-06- 003). Ecology's comments were duplicated in a second comment letter dated April 28, 2022. Exhibits 21 and 37, 33. Several neighbors also provided testimony at the virtual public hearing, expressing the following concerns. During recent nearby construction, one neighbor witnessed construction workers unable to access the porta potty onsite relieving themselves in public. The subject property is also used frequently as a dumping location, and people park there when visiting surrounding properties. One neighbor who works in property management stated that four guest parking stalls will be inadequate for the number of guests the 25 units would draw to the site. One neighbor requested assurance that the residents of the project would not be allowed to park along Mukilteo Boulevard in from of the site; this neighbor also requested that the City do more to enforce parking time limits at Edgewater Park, to ensure residents of this project don't use up those spots. One requested that the project covenants, conditions, and restrictions (OCRs) prohibit any rentals, rather than just short-term rentals. Members of the public requested that native species be used in landscaping, due to their tolerance or local weather and their value to local wildlife. One neighbor testified about groundwater problems in the area, which Ire surmised to be the source of the onsite wetland, and expressed concern for existing stormwater management facilities as a result of the grade changes proposed and the resulting elevation difference between the subject property and surrounding properties. The owner/occupants of 3620 Geyer Lane registered concern about the shared property line because a proposed structure appears to be proposed very close to their accessory structure's exposed foundation wall; their structure has been there since the 1970s and they still need to be able to maintain it. Another neighbor also testified that his garage Everett Hearing Examiner Findings, Conclusions, and Decision Sage Homes Northwest LLC (REV1122-001) page 12 of 22