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May 18, 2023, 11:59 PM
NOTICE OF APPEAL HEARING
APPEAL OF DIRECTOR’S INTERPRETATION REGARDING THE CLASSIFICATION OF AN OFF-CAMPUS EMERGENCY DEPARTMENT IN THE PCD ZONE
(File No. APPL-010059-2023)
NOTICE IS HEREBY GIVEN that at:
Time: 10:00 a.m. on Thursday May 18, 2023
Place: In Person: Council Chambers, Lynnwood City Hall, at 19100 44th Ave W, Lynnwood.
Virtual: Please click the link below to join the webinar:
https://lynnwoodwa.zoom.us/j/89903027126?pwd=clB6Z0duemxneW4rbE85RUN0K0FXdz09
Webinar ID: 899 0302 7126 Passcode: 146205
Or join by phone: Dial (253) 205-0468 US
The Lynnwood Hearing Examiner will conduct a hearing at which the above referenced Appeal will be considered. At the time and place stated above, 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:
Josh Friedmann
MultiCare Health System
315 Martin Luther King Junior Way
Tacoma, WA 98405
josh.friedmann@hcmp.com
Project:
Director’s Interpretation regarding an Off-Campus
Emergency Department (OCED) in the PCD zone
File: APPL-010059-2023
Interpretation File No.: INT-0100430-2023
Project Proposal:
This interpretation was requested by MultiCare Health System represented by Josh Friedmann. On February 1, 2023, Josh Friedmann, representing MultiCare Health System, submitted to the City of Lynnwood a Zoning Interpretation Request to clarify whether a proposed Off-Campus Emergency Department (OCED) located at 3011 196th ST SW is a permitted use in the zone in which it proposes to locate, Planned Commercial Development (PCD).
Circumstances of Appeal:
The City of Lynnwood Development & Business Services Director denied the interpretation request for the OCED to be permitted in the PCD zone. This interpretation was based on the licensing of the OCED, providing inpatient care (at times), providing care which may require overnight stays, and the OCED closely aligned with the term ‘hospital’ (a use that is not permitted in PCD).
The following provision(s) of the Lynnwood Municipal Code which are the subject of the appeal:
LMC 21.04.300 – Interpretation of the Zoning Code
LMC 21.02 – Definitions
LMC 21.46 – Commercial Zones
Statement of Appeal:
The appellant cites the reason for the appeal is that the Decision is erroneous not only because it relies on an improper comparison of the proposed OCED to a full-service hospital, but also because it neglects to conduct the interpretive analysis legally required under the Code.
Appeal of Hearing Examiner’s 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.
Contact:
If you have questions regarding this proposal, contact Yeyi Chen, Assistant Planner, at 425-670-5409 or ychen@lynnwoodwa.gov ychen@lynnwoodwa.gov. More information is also available on the City website at www.lynnwoodwa.gov/publicnotices.
Date of this notice: April 27, 2023
Public Hearing Date: May 18, 2023