Loading...
HomeMy WebLinkAboutPublic Hearing Continuation Request 4-15-16HCMP Low Offices Hillis Clark Martin & Peterson PS. Phil A. Olbrechts Hearing Examiner City of Renton Renton City Hall 1055 S. Grady Way Renton, WA 98057 April 15, 2016 Via Ismail (olbiechtslaw@gmail som) Re: Request to Reschedule Hearing on �uendall Terminale Master Plan Aj�plication Packaga; Denton File # LUA09-151; ECF; SA -M, SM, BSP Dear Hearing Examiner Olbrechts: On behalf of the Applicant for the above -referenced applications, Quendall Terminals, we request that the hearing on the applications for Master Plan, Binding Site Plan, and Shoreline Substantial Development Permit be rescheduled to a date approximately four weeks out. We have spoken with the City Attorney and he is amenable to this request, although he has not had an opportunity to confirm with the Planning Director. When we received the Staff Report on Wednesday morning, April 13, the Applicant was surprised to fmd that the 45 page Staff Report contained an additional 44 conditions, one of which has 17 sub -points, and 67 pages of exhibits. This is in addition to the 91 conditions in the Mitigation Document, to which the Applicant has agreed. We were not provided a review copy prior to publication of the Report, which is the City's prerogative. In this case, however, the lack of notice to the Applicant of the extent of new conditions being proposed works against an efficient proceeding. More importantly, with a consolidated report on three applications and so many new conditions, the Applicant cannot meaningfully ascertain the impact of the new conditions on the proposal in such a short time. This is especially important when the Applicant must compare the new conditions with those in the Mitigation Document to understand the impact of the two sets of conditions on the Project when layered together. Some of the new conditi ons may restate things that have been agreed to in the Mitigation Document; some may be fine by the Applicant; but others may have a profound impact on the layout, unit counts, lot coverage, and financial feasibility of the proposal. We simply have not had sufficient time to evaluate the conditions. Because of the sheer volume of new information contained in the Staff Report, and the subjective nature of many of the decisional criteria, we respectfully ask that the Examiner postpone the hearing to provide the Applicant additional time to respond to the new conditions, 1221 Second Avenue, Suite 500 � Seattle, WA 98101 � 206.623.1745 f:206.623.7789 � hcmp.com III M ERITA$ Phil A. Olbrechts April 15, 2016 Page 2 of 2 Because the Applicant bears the burden to show compliance by a preponderance of the evidence, it would be prejudicial not to allow sufficient time for the Applicant to respond to this significant new information. Further, it may be that we could work out solutions to some or all objections the Applicant may have, if we have an opportunity to engage with City staff on these conditions. We believe it would be inefficient and create confusion to begin the hearing with the presentation of the Staff Report as is, and then continue it to enable the Applicant a reasonable amount of time to address the Staff Report, especially if there may be revisions that can be agreed to. For these reasons, we ask that the Hearing Examiner postpone the heating. If the Hearing Examiner could rule today, the City could provide advance notice to parties of record via email regarding the rescheduling to minimize any inconvenience to those who might have planned to attend. AMG:kah EMaiL an .gygi@hcmp.com Direst Diad (206) 470-7638 Fax:• (206) 623-7789 cc; Larry Warren Vanessa Dolbee Jason Seth Campbell Mathewson N➢:1)958.002 4819-6409-8352v1 Very truly yours, .W// " II in M. Gygi Hillis Clark Martin &Peterson P.S.