Hearing examiner to rule on 10‑lot Fruitdale subdivision after staff recommends approval

Hearing Examiner Peragan Sorder said April 21 that he will issue a written decision within 10 business days after closing the record on LP‑202648, a request to subdivide a 2.71‑acre parcel on Fruitdale Road in Sedro‑Woolley into 10 single‑family lots.

City planning staff recommended preliminary plat approval at the hearing. Nicole McGowan, a city staff member who presented the staff report, said the proposal—called Fruitdale Flat—meets minimum lot size requirements, provides a new internal public roadway connecting to North Fruitdale Road, proposes sidewalks on the south side of the street and 15 on‑street parking stalls, and designates several tracts for utilities, stormwater detention (Tract W) and wetland protection (Tract Y). “Overall, the proposal is consistent with applicable zoning and subdivision standards,” McGowan said, and staff’s recommended conditions focus on ensuring detailed civil engineering, utility designs and final plat documents meet city requirements prior to final plat approval.

The project would create lots that meet the city’s 6,000‑square‑foot minimum; the applicant proposes homes around 1,800–2,100 square feet, though final home plans have not been selected. Because the subdivision proposes more than seven units but fewer than 15, the applicant elected to pay a $15,000 fee‑in‑lieu to satisfy the city’s requirement for 8,000 square feet of usable recreation area; McGowan said those funds would go to the park reserve fund for capital improvements.

Environmental protections were a focus at the hearing. Staff identified three Category‑4 wetlands within 200 feet of the project, with one on site in the southeast corner. That wetland and its buffer are designated Tract Y for protection; staff said a minor encroachment into the wetland buffer would be mitigated using buffer averaging consistent with the city’s critical‑areas regulations. Stormwater is proposed to be managed in accordance with the 2024 Department of Ecology stormwater manual for western Washington, and preliminary civil plans show a detention facility within Tract W.

The city also placed an April 13 email from the PUD engineering supervisor into the record raising concerns about the wording of recommended condition No. 20 related to PUD work within the wetland tract. The examiner asked the applicant to provide a written response to that PUD language concern so it can be included in the record. “If they do have to do any work within the wetland, that it gets restored back to previous conditions before the work started,” McGowan said when describing the suggested clarification, and she said a short plat note requiring compliance with applicable critical‑areas regulations could address the issue.

Madison Bowman, representing BY Construction, spoke for the applicant and described the project as infill housing that fits the surrounding neighborhood and meets city code and planning goals. “We believe this project offers thoughtful infill housing that fits the surrounding community and meets the city code and planning goals,” Bowman said, and requested a copy of the PUD email language so the applicant can respond.

A public commenter who identified themselves as a Sedro‑Woolley city council member (last name spelled in the record as C O C K E) said they live two blocks away and relayed neighborhood concerns. They asked about likely home sizes and whether the development sits near a natural gas pipeline. City staff said the Cascade natural gas line is about 125 feet east of the existing house on the parcel. The commenter said residents are also worried that traffic will increase with a new regional park and a nearby event venue, and reported frequent speeding on Fruitdale Road. “I just think people have the right to know that they're buying a house near a natural gas pipeline,” the commenter said.

Peter Lane, the city engineer, confirmed at the hearing that the project is not expected to trigger a traffic‑impact analysis and that water and sanitary sewer service are adequate to serve the development. The city noted Fruitdale Road is classified as a collector and said it is expected to handle additional traffic, while staff recorded neighborhood speeding concerns for follow up.

No formal vote was taken at the hearing; the examiner closed the record and said he will issue a written decision on the application within 10 business days. The examiner asked the applicant to provide any response to the PUD engineering supervisor’s email to city staff, and the city will forward that response into the record.