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Home My WebLink AboutLUA96-049 AFFIDAVIT OF PUBLICATION , Jessica Folkerts , being first duly sworn on oath states that he/she is the Legal Clerk of the VALLEY DAILY NEWS 600 S. Washington Kent, WA. 98032 a daily newspaper published six (6) times week. Said newspaper is a legal newspaper of general circulation and is now and has been for more than six NOTICE OF APPEAL HEARING months prior to the date of publication referred to, printed and published in the RENTON HEARING EXAMINER English language continually as a daily newspaper in Kent, King County, Wash- RENTON, WASHINGTON in ton. The ValleyDailyNews has been approved as a legal newspaper order An Appeal ngHearing inl r held by the 9 PP 9by Renton Hearing Examiner at a special of the Superior Court of the State of Washington for King County. meeting in the Council Chambers on the The notice in the exact form attached, was published in the Valley Daily News second floor of City Hall, Renton, Wash- (and not in supplement form) which was regularly distributed to the subscribers ington, on Thursday, May 2, 1996, at 7:00 PP 9 Yp.m. to consider the following petition: during the below stated period. The annexed notice, a APPEAL OF THE ENVIRONMENTAL REVIEW COMMITTEE'S DETERMINATION Notice of Appeal Hearing REGARDING INTERIM TRANSIT HUB(File. No. LUA-96-025,ECF) Appeal File No. LUA-96-049, AAD Appellant, Jim Coddington, claims that Environm erred inhthe its determinationental ofReview non-significanceCommittee and was published on 4-22-96 that the mitigation measures are inadequate to mitigate its impacts on the environment. The full amount of the fee charged for said foregoin publics i n is the sum of All interested persons to said petition are invited to be present at the Appeal Hearing or to express their opinions. $ 30 88 Published in the Valley Daily News April 22, 1996. 1473 I Clerk al ey Daily ews Subscribed and sworn before me this 30 day of 19 7 ��',M F,.`'� ..--4 p r �4:�'S\ON£y�2t Notary Public or the State of Washington t � iOip 6(P\ residing at An-� $yt :o poi AR) ��,: King County, Washingt n .1. ; Pu 1 \C (0:�/ 154144 Revised-7/930)':O 41 $ co CITY RENTON Hearing Examiner Jesse Tanner,Mayor Fred J.Kaufman May 1, 1996 Mr. Jim Coddington 538 Burnett Drive South Renton, WA 98055 Re: Appeal of DNS-M of Interim Transit Hub File No. LUA-96-025,AAD Dear Mr. Coddington: The above-referenced matter has been dismissed. Unfortunately, this office cannot return the $75.00 fee as it has already processed the application and paid for publication,and other costs. Sincerely, Fred J. Kaufman Hearing Examiner. FJK:mm cc: Zanetta Fontes,Assistant City Attorney Mark Pywell,'Project Manager 200 Mill Avenue South-Renton,Washington 98055 - (206)235-2593 alThis oaoer contains 50%recycled material 25%post ronsi'mar CITY OF RENTON APR 3 0 1996 RECEIVED CITY CLERK'S OFFICE APPEAL OF DETERMINATION OF NON-SIGNIFICANCE INTERIM TRANSIT HUB, APPLICATION # LUA-96-025,ECF To : Mr . Fred Kaufman, City of Renton Hearing Examiner From: Jim Coddington RE: Appeal of Administrative Determination, Determination of Non-Significance (mitigated) Interim Transit Hub, application # LUA-96-025, ECF Date : 04/29/96 I MOTION Due to recent revisions to the proposed transit plan proposed for the City of Renton we would move to dismiss our appeal of the Determination of Non Significance . We would request that our seventy five dollar fee be returned so that we may give the money back to those who generously donated . We understand if this is not possible . We have delivered a copy of this motion to the office of the City Attorney. DATED this 28th day of April, 1996 . Sincerely Jim Coddington 538 Burnett Drive South Renton, WA 98055 ( 206 ) 228-2324 % o _ CIT1 ;)F RENTON `•11 Hearing Examiner Jesse Tanner,Mayor Fred J.Kaufman April 22, 1996 Mr. Jim Coddington 538 Burnett Avenue S Renton, WA 98055 Re: Appeal of Environmental Review Committee's Determination regarding Interim Transit Hub Appeal File No. LUA-96-049,AAD Dear Mr. Coddington: The appeal hearing in the above matter has now been set for Thursday, May 2, 1996, at 7:00 p.m. in the Council Chambers on the second floor of City Hall, Renton, Washington. Should you be unable to attend, would you please appoint a representative to act on your behalf. If this office can be of further assistance,please feel free to write. Sincerely, L-24) CkAdliA-- /10Qe„.a r Fred J. Kaufman Hearing Examiner FJK:mm cc: Mayor Jesse Tanner Jay Covington, Mayor's Executive Assistant Larry Warren, City Attorney Mark Pywell Sandra Meyer,Transportation Karen Codiga, Development Services 200 Mill Avenue South- Renton, Washington 98055 - (206)235-2593 :J This paper contains 50%recycled material,25%post consumer' NOTICE OF APPEAL HEARING RENTON HEARING EXAMINER RENTON,WASHINGTON An Appeal Hearing will be held by the Renton Hearing Examiner at a special meeting in the Council Chambers on the second floor of City Hall, Renton, Washington, on Thursday, May 2, 1996, at 7:00 p.m. to consider the following petition: APPEAL OF THE ENVIRONMENTAL REVIEW COMMITTEE'S DETERMINATION REGARDING INTERIM TRANSIT HUB (File No. LUA-96-025,ECF) Appeal File No. LUA-96-049,AAD Appellant,Jim Coddington, claims that the Environmental Review Committee erred in its determination of non-significance and that the mitigation measures are inadequate to mitigate its impacts on the environment. All interested persons to said petition are invited to be present at the Appeal Hearing or to express their opinions. t ) ., /-1-pr7l %z2� Iqis-P Date of - Post-its Fax Note 7671 �-I' rr pages i lami amiguara �► �.'► Phone S�6 ice. CITY OF RENTON hoLL HEARING EXAMINER MEMORANDUM Date: April 17, 1996 To: Mayor Tanner Jay Covington Larry Warren Mark Pywell From: Marilyn Moses, Hearing Examiner's Secretary Re: Appeal of DNS on Interim Transit Hub, LUA-96-025,ECF Fred asked that I send you a copy of the referenced appeal letter which this office 'received on April 16. He will be sending out a letter indicating briefing dates as well as setting the hearing date. APPEAL OF DETERMINATION OF NON-SIGNIFICANCE INTERIM TRANSIT HUB, APPLICATION # LUA-96-025,ECF CITY OF RENTON To: Mr . Fred Kaufman, City of Renton Hearing Examiner Arc 1 6 1996 From: Jim Coddington HECth/ED CITY CLERK'S OFFICE RE: Appeal of Administrative Determination, Determination of Non-Significance (mitigated) Interim Transit Hub, application # LUA-96-025, ECF Date : 04/16/96 I . INTRODUCTION On March 18, 1996 the Environmental Review Committee (ERC) issued a determination of non significance (mitigated) for the Inter Transit Hub, City application # LUA-96- 025,ECF. Since that determination contained mitigation measures the City did not act on the proposal until April 2, 1996 . The appeal period closes on this determination on April 16, 1996 . A large number of the citizens of the impacted areas have submitted comments to this proposal . Those comments resulted in a significant alteration of the original proposal . The issue has been examined by the City Council and extensive public comment was directed toward the impacts that this project will have on these neighborhoods . This letter is accompanied with a $75. 00 check, and this is our appeal of the determination by the ERC regarding this proposal . II . ERRORS The environmental checklist originally submitted, and utilized by the ERC is no longer reflective of the proposal due to the significant modifications to the proposal . The buses that were to run down Burnett are to now run down Williams and Wells . This change is not reflected in the checklist, nor is this change reflected in the findings of the ERC. The Checklist admits that there will be physical residue left on the private property of the residents along this transit line . There is no examination of potential damage or environmental harm that may or may not occur as a result of this residue . This residue is currently not a problem in the area of this proposal, but is a new impact that has not been addressed within the mitigation plan. The checklist admits that there will be "odor" created by the diesel exhaust of these buses . These odor impacts will likely extend into the homes of the residents along this hub line . There is nothing within the mitigation plan to prevent or mitigate this intrusion of odor into the private property of the residents . These are noxious fumes and likely rise to the level of a public nuisance . The ERC clearly erred when they did not address this significant impact . The checklist admits that buses do not currently operate along these residential streets . The buses are larger than any other vehicle that is legally allowed to operate on this type of residential street . The intrusion into this neighborhood with over 500 buses will clearly impact the current traffic on these streets, and will have an impact on the level of service for the surrounding intersections . These impacts have not been studied or mitigated by the ERC. The checklist asks "List any governmental approvals or permits that will be needed for your proposal, if known" . The answer was "City approvals for Environmental checklist and funding . " That is clearly incorrect . The City needs and must have the approval of the Metro King County Council for this proposal to move forward . III . CONCLUSION It is common sense that this proposal represents a significant impact to the environment surrounding this proposal . The ERC was not supplied sufficient or correct information to make a DNS determination. The ERC erred in their decision that this project does not present significant impact. It is clear that the impacts presented by this proposal warrant the need for complete environmental review. The impacts to the environment, the impact to the historical residential nature of the area, the traffic impacts, the noise impacts, the impacts on property values, and the intrusion of residue both sensory and physical onto the private property surrounding this proposal are of such magnitude that an EIS must be required. At the very least the environmental checklist should be redone reflecting the current proposal . It is clear that the ERC erred due to the innacurate and insufficient information provided to them by the City administration. We would request that the Hearing Examiner outline a briefing schedule for this hearing that allows for a detailed complaint, response by the City, and Reply by the petitioner . We would ask for a sufficient amount of time to prepare this document due to the complicated nature of this proposal . DATED this 16th day of April, 1996 ' s ' Respectfully submitted Crrc�e� 4e4:22*L1' Jim Coddington 538 Burnett Ave . S . Renton, 98055 DUPLICATE RECEIPT DUPLICATE RECEIPT CITY OF REHTON CITY TREASURER REG/RCPT : 82-34837 C:04-16-1996 CASHIER ID : G 15:12:88 A:84-17-1996 8088 MISCELLANEOUS REV $75.80 APPEAL 888.888.80.345.81.88.8888•r TOTAL DUE $75.88 RECEIVED FROM: JAMES CODDINGTON CASH $75.88 TOTAL TENDERED $75.88 CHANGE DUE $0.88 DUPLICATE RECEIPT DUPLICATE RECEIPT DUPLICATE RECEIPT DUPLICATE RECEIPT CITY OF RENTON CITY TREASURER REG/RCPT : 02-34037 C:04-16-1996 CASHIER ID : G 15:12:00 A:04-17-1996 8000 MISCELLANEOUS REV 375.00 APPEAL 000.000.00.345.81.00.000000 TOTAL DUE $75.00 RECEIVED FROM: JAMES CODDINGTON CASH $75.00 TOTAL TENDERED 375.00 CHANGE DUE $0.00 DUPLICATE RECEIPT DUPLICATE RECEIPT