Hearing Examiner Consolidated Hearing: Plat of Brickyard Creek

Date:  Tuesday March 24, 2020 (03/24/20)

Documents & Links:

Additional Documents:

March 24, 2020 Consolidated Hearing – Plat of Brickyard Creek File #2019-389

Applicable law requires the appeal of a threshold determination be consolidated with the hearing of the underlying permit. Thus, the hearing will take place in two parts. The Hearing Examiner will first hear the MDNS appeal, followed by an open record hearing on the PRD application. If the MDNS appeal is granted, no decision on the PRD application will be made until environmental review is completed. If the MDNS appeal is denied, the PRD application will be decided. The public is welcome to observe the appeal hearing, but public comment may only be given during the PRD application portion of the hearing that follows the appeal hearing.

In an effort to help slow the spread of the novel coronavirus and promote public health, the City of Sedro-Woolley has closed the doors of city hall to the public. To ensure that the hearing for the Brickyard Creek PRD SEPA Appeal / PRD open record public hearing can proceed as scheduled and accommodate public participation, the city is providing opportunity for an online meeting through the GoToMeeting online meeting platform. See the Notice of Public Hearing and Notice regarding the consolidated hearing format.

You may access the meeting remotely from your computer, tablet or smartphone at https://global.gotomeeting.com/join/565443389. Or, you may also access the meeting remotely using your phone by calling: (872) 240-3212. When accessing remotely, you will be asked to enter this Access Code: 565-443-389. The meeting materials are posted below. The remote meeting is in an audio format only. To follow along with the meeting exhibits, see the documents posted under part one and part two of hearing (below).

Part one of hearing – SEPA MDNS appeal

The public is welcome to observe the appeal hearing, but only the individuals identified in the Witness lists for the appeal may participate in this portion of the hearing. See the Pre-Hearing Order for complete details on part one of the hearing.

Appellant documents:

Appellant Document list

Appellant Witness List

A-1.  2/24/20 Appeal Letter.

A-2.  1/7/20 Letter from Mr. Brockman.

A-3.  Thumb drive/videos from a drone depicting traffic at the west end of McGarigle ("Edited Video", "Cars On The Road - Raw Video 1", "End of Road - Raw Video 2").

A-4.  Thumb drive/video depicting traffic at the west end of McGarigle Road 3/3/PM & 3/10AM. Video location was John Liner Road.

A-5.  Thumb drive video depicting traffic coming east on McGarigle Road & turning onto Carter Road 7:00AM to 8:00AM timeframe.

A-6.  Photo taken from Linda Emerson’s car as it was parked on John Liner Road depicting traffic on McGargile backed up on SR-9.

A-7.  Photo taken by Linda Emerson showing traffic backup on SR-9 almost to McGargile.


Applicant documents:

B-1. Gibson Traffic Consultants Memorandum dated Feb. 14th 2020 subject McGarigle Development Appeal Response(pgs. 1-45)

B-2. Dated and Time Stamped Picture 1 of 6 at 2:20:54 on 2/11/2020

B-3. Dated and Time Stamped Picture 2 of 6 at 2:24:15 on 2/11/2020

B-4. Dated and Time Stamped Picture 3 of 6 at 3:31:28 on 2/11/2020

B-5. Dated and Time Stamped Picture 4 of 6 at 3:36:18 on 2/11/2020

B-6. Dated and Time Stamped Picture 5 of 6 at 3:37:29 on 2/11/2020

B-7. Dated and Time Stamped Picture 6 of 6 at 3:43:32 on 2/11/2020

B-8. McGarigle Development Traffic Impact Analysis Report Dated September 2019(pgs.1-72)

B-9. Witness List

B-10. Document List

B-11. Copy of January 24th Appeal

B-12. Email Thread Dated March 12-16 2020

B-13. Letter Requesting SEPA MDNS be Withdrawn that was an attachment to the email in B-12 email

B-14. Sedro-Woolley - Emerson Appeal Order on Request for Continuance.

B-15. Email Thread Dated March 7-9, 2020 with Applicant’s response

B-16. Email Thread Dated March 7-9, 2020 with City’s response 

City documents:

C-1.        City Document List

C-2.        Staff Report

C-3.        Preliminary Long Plat Application

C-4.        PRD Checklist

C-5.        NOA and SEPA Comment Period

C-6.        SEPA MDNS

C-7.        Re-issued SEPA MDNS

C-8.        Notice of Public Hearing

C-9.        Ecology Letter

C-10.      Sound Transit Letter

C-11.      Emerson Letter

C-12.      Compiled Neighbor Comments

C-13.      SEPA Checklist

C-14.      Critical Areas Assessment Report

C-15.      Traffic Impact Analysis

C-16.      T.S.I. Technical Memo (October 4, 2019)

C-17.      City Wide Transportation Concurrency Review

C-18.      Letter of MDNS Appeal

C-19.      Narrative

C-20.      Landscape Plan

C-21.      Plat Map

C-22.      Parking Plan

C-23.      City Witness list


Part two of hearing – open record public hearing for the proposed plat of Brickyard Creek

All members of the public may participate in this portion of the hearing.

Hearing Examiner Staff Report and Exhibits:

A.   Staff Report
B.   Preliminary Long Plat Application
C.   PRD Checklist
D.   NOA and SEPA Comment Period
F.    Re-issued SEPA MDNS
G.   Notice of Public Hearing
H.   Ecology Letter
I.    Sound Transit Letter
J.    Emerson Letter
K.   Compiled Neighbor Comments
L.   SEPA Checklist
M.  Critical Areas Assessment Report
N.   Traffic Impact Analysis
O.   T.S.I. Technical Memo (October 4, 2019)
P.    City Wide Transportation Concurrency Review
Q.   Letter of MDNS Appeal
R.   Narrative
S.    Landscape Plan
T.    Plat Map
U.   Parking Plan