The City Council has granted preliminary approval of a proposal to divide a 93,000-square-foot land plot on East Mercer Way into five housing parcels. The East Cove Long Plat proposal, as it is called, has already been approved by city staff and Planning Commission members. The property is located at 6410 East Mercer Way and currently contains one single-family residence with a detached garage and pier.

On July 15, the Planning Commission conducted an open record public hearing in which it recommended preliminary approval of the East Cove plat project. According to the Commission, the proposal to develop the land meets all city and environmental standards. However, throughout the process, issues have been raised by neighbors about dangerous trees on the property. One neighbor, Carvel Zwingle, spoke before the City Council on Nov. 2, urging the city to do something about deciduous trees with falling branches on the property.

“These trees represent an immediate problem. We’re very concerned that if it’s not directed immediately, it will become serious,” he said, adding that several large tree branches had already hit his home and neighbors’ homes last winter.

Yet according to City Attorney Katie Knight, the matter is one that must be settled privately.

“The tree issue is a private litigation issue between neighbors. The city can’t require anyone to take down trees,” she said, adding that the city will, however, take action if the land owner submits a valid reason. “If a hazardous tree is identified, the applicant can apply for a permit to take down the hazardous tree.”

According to the current development plan, all environmental issues have been taken into consideration, including the health of existing trees. City arborist Kathy Parker reassured Councilmembers that extensive research was undertaken on the proposed development’s effects on the existing terrain; in particular, the large coniferous and deciduous trees.

“There’s an actual tree-risk assessment protocol beyond the certified arborist status. You look at the size, potential target and condition of the tree. They all have numerical assessments. It’s a very specific protocol,” she explained.

Parker added that residents can always ask the city to check on questionable trees, admitting that hazards could develop after the land is developed. The developer will also consider whether or not to remove trees as the project moves along.

“Hazards are always allowed to be removed,” Parker said. “If there are questions about a tree, you could recommend additional testing.”

As the East Coast Long Plat proposal currently stands, the City Council saw no reason to stall development due to ecological factors. A private, dead-end road, serving lots with areas ranging from 15,000 square feet to 17,600 square feet, has been SEPA approved. If construction of the road infringes on tree roots, the city will re-examine each individual case.

Convinced that the proposal adequately meets city and SEPA standards — with room for individual tree concerns to be settled in the future — the City Council voted unanimously to grant preliminary approval to the East Coast Long Plat proposal.

Now that the “preliminary plat” — a graphic and written representation of the proposed subdivision — has been approved, the property owner has five years to obtain permits for and to build the required plat improvements, as well as meeting any other applicable code requirements. Only then can the property owner apply to the City Council for “final plat” approval, after which it must be recorded with the county so that the lots can be sold and developed. Subsequent home construction must be consistent with both the city code and any applicable plat conditions.