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HomeMy WebLinkAbout8-2-2023 - HEX email & Home Depot Final Prehearing Order PRE-HEARING ORDER PAGE 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 THE HEARING EXAMINER OF THE CITY OF RENTON IN RE: The Home Depot Deferral of Street Improvements: Outlot 1 and 2 (Talbot Rd. S.) DEF23001823 AND DEF23001824 PRE-HEARING ORDER A. Document Distribution. All documents required by this Order shall be emailed or mailed to the parties at the addresses below. All documents must be received by the due dates set by this order. For mailed documents, documents shall be deemed received three business days after mailing. Hearing Examiner’s Office Cynthia Moya Renton City Clerk 1055 Grady Way Renton, WA 98057 CMoya@rentonwa.gov olbrechtslaw@gmail.com PRE-HEARING ORDER PAGE 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Appellant Home Depot City of Renton Maren Calvert 1420 Fifth Ave, Suite 3400 Seattle, WA 98101 MCalvert@schwabe.com Patrice Kent 1055 Grady Way Renton, WA 98057 PKent@rentonwa.gov B. Hearing Dates. A virtual hearing on the appeal will be held on October 24, 2023 at 9:00 am. C. Exhibit and Witness Lists. The parties are required to exchange witness and exhibit lists per the schedule below. Witness lists should include a summary of the testimony to be provided by each witness along with a general estimate on the length of the testimony. The time estimates are just for scheduling purposes. Witnesses will not be bound to the estimates. The exhibit lists shall list any documents, recordings, videos or photographs that the parties intend on presenting at the appeal hearing. No exhibits or witness testimony beyond those identified in the witness and exhibit lists will be admitted unless necessary for reasonably unanticipated rebuttal or for other good cause. Exhibits must be exchanged prior to and/or contemporaneously with the exhibit lists and may be distributed by email. D. Hearing Format. The hearing format shall be as required in RMC 4-8- 110E1. E. Cross-Examination. All witnesses who present live testimony will be subject to cross-examination. Declarations and other documents that would qualify as testimony are admissible without a right of cross-examination unless a right to cross- examine is asserted by email to all hearing parties within three calendar days of when the document is disclosed in the witness and exhibit lists. PRE-HEARING ORDER PAGE 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 F. Supplemental Motion to Dismiss. The Supplemental Motion to Dismiss in the schedule below is to give an opportunity for the City to respond to information provided by the Examiner by email dated July 28, 2023. G. Stay/Consolidation. Home Depot’s motion for a stay dated July 18, 2023 is denied. Since Home Depot is open and running at its Renton location, the City has a valid public interest in having its street frontage issues resolved in a timely manner. Home Depot has assured that it will be filing for a modification to address the City’s power line undergrounding requirements. Consequently, the issue of whether Home Depot must underground the power lines and the amount of security for the associated deferral will be considered outside the scope of this appeal and assigned to the modification request review and appeal process. If and when Home Deport files an appeal to the modification request, upon the election of Home Depot the appeal hearing of the modification request will be consolidated with the appeal hearing of the deferral appeals to the extent the appeals can be consolidated in an efficient and equitable manner. H. Schedule. The following schedule applies: 8/4/23 Supplemented City Motion to Dismiss 8/11/23 Response to City Motion to Dismiss 8/18/23 Reply to Motion to Dismiss 9/8/23 Other prehearing motions 9/15/23 Response to other prehearing motions 9/20/23 Replies to other prehearing motions 10/13/23 Witness and Exhibit Lists due, along with exchange of exhibits. 10/18/23 Rebuttal Witness/Exhibit List along with rebuttal exhibits 10/24/23 Virtual Appeal hearing, 9 am. . ___________________________ City of Renton Hearing Examiner