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Home My WebLink Aboutclerk ltr w/appeal Denis Law - Mayor City of . lty U �'1ti CO. March 18, 2015 City Clerk -Jason A.Seth,CMC *REVISED LETTER APPEAL FILED BY: Tiffany Park Woods Advocacy Group by Renate Beedon, President RE: Appeal of Hearing Examiner's decision dated February 26, 2015, regarding Reserve at Tiffany Park PP. (File No. LUA-13-001572 ECF, PP, CAE) To Parties of Record: Pursuant to Title IV, Chapter 8, Renton City Code of Ordinances, written appeal of the hearing examiner's decision on the Reserve at Tiffany Park PP has been filed with the City Clerk. In accordance with Renton Municipal Code Section 4-8-110F, within five days of receipt of the notice of appeal, or after all appeal periods with the Hearing Examiner have expired, the City Clerk shall notify all parties of record of the receipt of the appeal. Other parties of record may submit letters limited to support of their positions regarding the appeal within ten (10) days of the date of mailing of this notification. The deadline for submission of additional letters is by 5:00 p.m., Friday, March 27, 2015. NOTICE IS HEREBY GIVEN that the written appeal and other pertinent documents will be reviewed by the Council's Planning and Development Committee at 3:00 p.m. on Monday,lune 8, 2015, in the Council Chambers, 7th Floor of Renton City Hall, 1055 South Grady Way, Renton, Washington 98057. The recommendation of the Committee will be presented for consideration by the full Council at a subsequent Council meeting. Copy of the appeal and the Renton Municipal Code regarding appeal of Hearing Examiner decisions or recommendations is attached. Please note that the City Council will be considering the merits of the appeal based upon the written record previously established. Unless a showing can be made that additional evidence could not reasonably have been available at the prior hearing held by the Hearing Examiner, no further evidence or testimony on this matter will be accepted by the City Council. For additional information or assistance, please call Jason Seth, City Clerk, at 425-430-6510. Sincerelx, r Chris L. Chau Deputy City Clerk Attachments *Scrivener's error in 15L paragraph 1055 South Grady Way• Renton,Washington 98057• (425)430-6510/Fax(425)430-6516 9 rentonwa.gov i City of Renton Municipal Code; Title IV, Chapter 8, Section 110—Appeals 4-8-110C4 Filing of Appeal and Fee:The notice of appeal shall be accompanied by a fee in accordance with RMC 5- 1-2,the fee schedule of the City. (Ord. 3658, 9-13-1982; Ord. 5660, 5-14-2012; Ord. 5688, 5-13-2013) 4-8-110F: Appeals to City Council—Procedures 1. Standing: Unless otherwise provided by State law or exempted by a State or federal agency, only the applicant, City or a party of record who has been aggrieved or affected by the Hearing Examiner's decision and who participated in the Hearing Examiner's public hearing may appeal the Hearing Examiner's decision. A person(s) will be deemed to have participated in the public hearing process if that person(s): a. Testified or gave oral comments at the public hearing; or b. Submitted any written comments to City staff or the Hearing Examiner regarding the matter prior to the close of the hearing; or c. Has been granted status as or has requested to be made a party of record prior to the close of the public hearing. 2. Notice to Parties of Record: Within five (5) days of receipt of the notice of appeal,the City Clerk shall notify all parties of record of the receipt of the appeal. 3. Opportunity to Provide Comments: Parties of record may submit letters in support of their positions within ten (10) days of the dates of mailing of the notification of the filing of the notice of appeal. 4. Council Review Procedures: No public hearing shall be held by the City Council. No new or additional evidence or testimony shall be accepted by the City Council. The cost of transcription of the hearing record shall be borne by the applicant. If a transcript is made,the applicant is required to provide a copy to the City Clerk and the Renton City Attorney at no cost. It shall be presumed that the record before the City Council is identical to the hearing record before the Hearing Examiner. (Ord. 5675, 12-3-2012) S. Burden:The burden of proof shall rest with the appellant. 6. Council Evaluation Criteria:The consideration by the City Council shall be based solely upon the record,the Hearing Examiner's report,the notice of appeal and additional arguments based on the record by parties. 7. Findings and Conclusions Required: If, upon appeal of a decision of the Hearing Examiner on an application submitted pursuant to RMC 4-8-070H1, as it exists or may be amended, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, it may modify or reverse the decision of the Hearing Examiner accordingly. (Ord. 5675, 12-3- 2012) 8. Decision Documentation:The decision of the City Council shall be in writing and shall specify any modified or amended findings and conclusions other than those set forth in the report of the Hearing Examiner. Each material finding shall be supported by substantial evidence in the record. 9. Council Action Final:The action of the Council approving, modifying or rejecting a decision of the Examiner shall be final and conclusive, unless appealed within the time frames established under subsection G5 of this Section. (Ord. 3658, 9-13-1982; Ord. 4389, 1-25-1993; Ord. 4660, 3-17-1997; Ord. 5558, 10-25-2010) Date: Wed, Mar 11, 2015 To: City Council City of Renton CITY OF RENTONg . 1055 Grady Way (� Renton, WA 98057 MAR 12 2015,1A,i3 RECEIVED From: Tiffany Park Woods Advocacy Group mailta:renton-opposites@comcast.net CITY CLERK'S OFFICE 1725 Pierce Avenue SE Renton, WA 98058 Subject: Reserve at Tiffany Park PP - Hearing Examiner Decision (LUA13-001572) Notice of Appeal of Hearing Examiner Decision to City Council Dear Sir or Madam: This letter constitutes Tiffany Park Woods Advocacy Group's Notice of Appeal to the City Council of the Final Decision Upon Reconsideration dated February 26, 2015 pursuant to RMC 4-8-080 and RMC 4-8-110(F). TPWAG hereby designates Renate Beedon as the designated representative. Summary of Substantial Errors of Fact or Law 1. The hearing examiner's decision provides inadequate mitigation for the impacts on the environment and on the surrounding community of Applicant's proposed development to support a DNS-M determination under SEPA. 2. The City of Renton has authority to ask for mitigation under SEPA, and TPWAG asks the City of Renton to exercise that authority for all issues raised in this Notice of Appeal. 3. TPWAG was denied access to the property and denied a fair opportunity to perform our own wetland assessment on the property. The wetlands delineation has been done incorrectly. The hearing examiner's decision fails to fully evaluate the significant adverse impacts on the environment resulting from the wetlands. Instead the decision improperly defers consideration of these issues to the construction permit stage where the public has little or no input. 4. The hearing examiner's decision recognizes that there is uncertainty as to whether the project site is free from hazardous waste, but does not adequately address the probable adverse impact on the environment resulting there from. 5. The hearing examiner's decision fails to adequately address the substantial adverse impacts resulting from the proposed storm drainage system for the site, including the detention vault, roof runoff and downstream impacts. Instead the decision improperly defers consideration of these issues to the construction permit stage where the public has little or no input. 6. Although the hearing examiner's decision recognizes that there is a substantial probable adverse impact resulting from the extensive use of structural retaining walls on the project, the hearing examiner's decision fails to fully and adequately address the adverse impacts resulting from this extensive use of an intricate network of rockeries, modular block retaining walls and lock and load retaining walls and provides inadequate mitigation for the impacts on the environment and the TPWAG Notice of Appeal to City Council Page 1 of 2 community. Instead the decision improperly defers consideration of these issues to the construction permit stage where the public has little or no input. 7. The hearing examiner's decision fails to adequately address the traffic impacts directly related to ingress and egress for the site, including but not limited to the impact of converting SE 18th Street and 124th Place SE from quiet Cul-De-Sacs into arterials and the reduction in property values resulting there from. As a result, additional traffic studies should be performed to investigate and revise access routes to the project. 8. The hearing examiner's decision requires Applicant to submit additional documentation to the Current Planning Project Manager prior to construction permit approval, including an updated geotechnical report, revised preliminary plat and landscaping plan, revised wetland mitigation plan, final mitigation plan for retaining walls and phase one environmental site assessment. All of this documentation should have been prepared and should be prepared prior to preliminary plat approval. Otherwise the public will have little or no input on these issues. 9. The hearing examiner's decision improperly concludes that there is no need for additional SEPA mitigation, environmental review, or the issuance of an environmental impact statement. 10. An environmental statement is required by the weight of the evidence. An environmental impact statement is justified and must be prepared if after applying mitigation measures by changing, clarifying or conditioning of the proposed action, a proposal continues to have a probable significant adverse impact on the environment. Tiffany Park Woods Advocacy Group RENATE BEEDON President CC: Lar Ur��SSc� Ab e z C ri ,% Cr �lvV�vL�Cv� TPWAG Notice of Appeal to City Council Page 2 of 2 March 18, 2015 CERTIFICATE OF MAILING STATE OF WASHINGTON ) COUNTY OF KING ) Chris L. Chau, Deputy City Clerk for the City of Renton, being first duly sworn on oath, deposes and says that he is a citizen of the United States and a resident of the State of Washington, over the age of 21 and not a party to nor interested in this matter. That on the 18th day of March, 2015, at the hour of 4:30 p.m. your affiant duly mailed and placed in the United States Post Office at Renton, King County, Washington, by first class mail to all parties of record, notice of appeal filed by Tiffany Park Woods Advocacy Group by Renata Beedon of the Hearing Examiner's final decision upon reconsideration regarding the Reserve at Tiffany Park PP (File No. LUA-13-001572) zxz Chris L. Chau, Deputy City Clerk SUBSCRIBED AND SWORN TO BEFORE me this 18th day of March, 2015. =s� s °+ °T Moya to ` m' Notary Publi in and for the State (4 v �80C, y= Washington, residing in Renton ,,, O,-,"2%15��; 0�_+ My Commission expires: 8/27/2018