HomeMy WebLinkAboutMy Dental Mixed-Use, Site Plan and Modifications1
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SITE PLAN AND MODIFICATIONS- 1
BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: My Dental Mixed-Use
Site Plan and Modifications
LUA14-001148
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FINAL DECISION
Summary
The applicant requests site plan approval and approval of two development standard modifications
for the construction of a three story mixed use building composed of seven multi-family dwelling
units and 8,469 square feet of nonresidential space. One modification is to reduce the number of
required parking stalls from 31 to 24 stalls. The other modification is to reduce the width of a
required frontage landscaping strip from ten feet to six feet eight inches. The proposed site plan
application is approved with conditions, the parking stall modification is approved and the
landscaping modification is approved to allow a reduction to eight feet instead of the six feet eight
inches proposed by the applicant.
Testimony
Kris Sorensen, Renton planer, summarized the proposal.
Exhibits
The staff report Exhibits 1-27 identified at page 2 of the staff report itself were admitted into the
record during the hearing. The staff’s power point presentation was admitted as Exhibit 28.
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SITE PLAN AND MODIFICATIONS- 2
FINDINGS OF FACT
Procedural:
1. Applicant. Park 09 LLC.
2. Hearing. A hearing was held on the application on October 28, 2014.
3. Project Description. The applicant requests site plan approval and approval of two
development standard modifications for the construction of a three story mixed use building
composed of seven multi-family dwelling units cover 10,345 square feet and 8,469 square feet of
nonresidential space.
The seven multi-family units would be located on the top floor and loft level with a density at 24
du/ac. The residential units range in size from 848 sf to 1,630 sf. The proposal is located on three
parcels on the west side of Park Ave N. The parcels will be combined into a 13,948 sf site. The
proposal includes the demolition of an existing restaurant and two homes. The structure would have
an average height of 53 feet. 12 of the parking stalls would be under the upper floors of the building.
Approximately 97 percent of the site would be impervious surface. Primary access would be via a
curb cut along Park Ave N with secondary access from the public alley to the west.
The applicant requests two Modifications for allowances to deviate from the parking standards and
landscaping standards (Exhibits 8 and 9). For parking, the specific request is to allow less parking
stalls for the dental office area than required by RMC 4-4-080 and additionally allow required
residential parking stalls to be shared with the non-concurrent commercial uses. A minimum of 31
stalls is required for the site; 7 stalls for the multi-family units, 3 for the retail area, and 21 for the
dental office space. The applicant requests that the dental office space be allowed 17 stalls and that 4
of the residential parking stalls be allowed for use by the dental office during the daytime hours.
For the landscaping Modification, the applicant specifically requests that the required 10-foot wide
landscape area along a public street and between surface parking and a street, per RMC 4-4-070, be
reduced to 6 feet 8 inches in the northeast corner of the property between the public right-of-way and
surface parking stalls on the northern boundary of the site.
4. Adequacy of Infrastructure/Public Services. The project will be served by
adequate/appropriate infrastructure and public services. The adequacy of infrastructure and services
is more specifically addressed as follows:
A. Water and Sewer Service. Sewer and water are provided by the City of Renton. Staff
have determined that no off-site improvements are necessary to serve the site and that
there is adequate system capacity.
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SITE PLAN AND MODIFICATIONS- 3
B. Fire and Police. The City of Renton will provide fire and police service. Fire and police
department staff have determined that existing facilities are adequate to serve the
development. Fire impact fees will be assessed at the time of building permit issuance to
pay for proportionate share impacts to fire service.
C. Drainage. The applicant has submitted a preliminary drainage report, Ex. 24, that staff
has found to be consistent with the adopted 2009 King County Surface Water Manual
and City and The City of Renton Amendments to the KCSWM, Chapters 1 and 2. All
core and special requirements have been discussed in the report. The project is subject
to a Level 1 downstream analysis. The site has two drainage sub-basins. Runoff from
Basin A is collected in a catch basin located at northwest corner of the site and is
conveyed in a pipe system in the alley. Runoff from Basin B includes two single
family homes where no stormwater conveyance system exists. Runoff from these two
sites sheet flows to the alley. Basin B will include new sidewalk and planter strip in
Park Ave where runoff will be conveyed to a storm filter prior to discharging into the
city’s storm system. The existing 0.32 acre site consists of 0.24 acres of impervious
surface area.
C. Parks/Open Space. City development standards do not impose any park or open space
requirements for the commercial portions of the project. Park impact fees will be due at
the time of building permit issuance for the residential units. City development standards
impose no open space requirements for mixed use buildings with less than ten dwelling
units.
D. Off-Site Transportation. Staff have determined that the proposal is consistent with
applicable transportation level of service standards and that the proposal will not
create any significant off-site impacts that necessitate off-site mitigation. The
applicant has prepared a traffic impact analysis, Ex. 25, that has been reviewed and
approved by staff. The traffic impact analysis determined that weekday peak hour
AM will generate 18 net vehicle trips and the PM peak hour will generate 23 net
vehicle trips based on the analysis (Exhibit 25). The proposal is estimated to
generate 208 net weekday daily vehicle trips. The analysis concludes that
because the project is only estimated to generate up to 23 new peak hour trips,
and because the site access on Park Ave N will be restricted to right‐in, right‐out
movements via the existing center curb, no significant traffic impacts are
expected and no additional traffic analysis is warranted.
E. Parking (vehicular and bicycle). With the vehicular parking modification approved by
this decision, the proposed vehicular and bicycle parking is consistent with applicable
City parking standards as outlined in the staff report. 31 vehicular parking stalls are
required by City code and this number has been reduced to 24 through approval of the
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SITE PLAN AND MODIFICATIONS- 4
applicant’s modification request. For bicycle parking stall requirements, the applicant
would be required to provide 10% of the number of required off-street parking spaces
for the commercial spaces and half a parking space for each multi-family dwelling.
This would be a total of 2.4 stalls relative to the 24 required minimum stalls for the
commercial uses, and 3.5 stalls for the 7 attached residential units. There is a
difference in the code, RMC 4-4-080F as to the location and design of stalls
depending on the use they are associated with. For non-office area bicycle parking, the
location is not required to be in a secured area, where the stalls shall be conveniently
located with respect to Park Ave N and within 50 feet of a main building entrance and
visible to cyclists from the sidewalk or building entrance. For the office and dwelling
unit related bicycle parking, stalls shall be provided for secure extended use in
example areas such as bike lockers, in building parking, and limited access fenced
areas with weather protection. The intent of the code is to provide quick parking areas
for retail uses and longer term parking areas for employees in commercial spaces and
residences.
The application identifies a bicycle rack for public use in the front of the building
along Park Ave N right-of-way but does not identify secured parking areas for the
offices and attached dwellings (Exhibit 13). Therefore, staff recommends, and a
condition is imposed by this decision, that a bicycle parking plan and analysis be
provided to, and approved by, the Current Planning Project Manager prior to
construction permit issuance that meets the code requirements of RMC 4-4-080F.
F. Vehicular Access and Internal Circulation. The site currently has two curb cuts from Park
Ave N to the east and access through the alley at the west. Park Ave N is a Principal
Arterial. The two existing curb cuts on Park Ave N will be consolidated into one curb cut
location. The driveway will be a right-in, right-out turn as there is a barrier in the middle
of Park Ave N. By reducing the number of curb cuts (ingress and egress points) to Park,
there is a reduction in the amount of pedestrian and vehicle cross-over in the sidewalk
corridor.
The alley provides access to the commercial uses on the east side of the block and access
to many single family homes on the west side of the block. The alley is a little different
than most alley configurations that traditionally run fully through the middle of a block.
The alley abutting the site turns 90 degrees at the northern terminus and provides access
to the residential western side of the block and Pelly Ave and to the east and Park Ave.
The proposal includes tuck under parking beneath the upper floors for 12 stalls (Exhibit
13). The other 12 surface parking stalls would be located behind the building near the
alley and on the northern border of the subject site. The rear building entries are within
close proximity of both parking areas. The front entries are not located adjacent parking
areas or a driveway. All entries open to either the sidewalk realm at the front or towards a
parking area and not into an internal driveway or drive aisle which promote safety and
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SITE PLAN AND MODIFICATIONS- 5
efficiency. The accessible stalls are proposed as the nearest stalls to the rear entry area
for easier access.
G. Landscaping. As outlined in the staff report, the proposal provides for landscaping that
meets City standards with the landscape modification approved by this decision.
H. Refuse and Recycle Enclosure. The refuse and recyclables area is proposed at 160 s.f.
which is more than the minimum area required as outlined in the staff report. The area is
properly protected from weather and accessible without blocking parking areas. Screening
is identified as brick walls (Exhibit 12).
I. Transit. Transit routes are located near the subject site for both King County Metro and
Sound Transit busses. In front of the auto repair businesses to the north, along Park Ave, is
a bus stop. The stop provides connection for Metro 240 and South Transit bus lines 560
and 566. The bus lines provide connection at the Renton Transit Center to other local and
regional transit routes. On the opposite side of Park Ave N, at the intersection with N 6th
St, are stops for routes heading north on Park, including bus lines for Metro 240 and 342
and Sound Transit Routes 560 and 566.
5. Adverse Impacts. There are no significant adverse impacts associated with the project.
Adequate infrastructure serves the site as determined in Finding of Fact No. 4. Impacts are more
specifically addressed as follows:
A. Compatibility. The proposal is compatible with surrounding uses. Surrounding uses on
three sides are commercial with single-family to development to the west. The single-
family development to the west is separated by an alley, the building is built away from
the west side of the lot and on-site landscaping required and proposed of the development
helps to mitigate against aesthetic impacts. Staff recommends additional tree plantings to
provide transitions between the proposed building and westerly residential single family
area and a revised planting schedule with taller proposed shrubs for screening. This
recommended condition has been adopted by this decision. Staff has also recommended
more trees and higher shrubs for other parts of the project site and these recommendations
have also been adopted by this decision. The proposed building is only three stories high
and is of exceptional articulated design that does not create any significant impression of
bulk or scale.
B. Views. According to the staff report, the proposal would not affect any view corridors,
including view corridors to shorelines or Mt. Rainier.
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SITE PLAN AND MODIFICATIONS- 6
C. Lighting. The applicant did not provide an on-site lighting plan. A condition of approval
will require the applicant to provide a lighting plan that adequately provides for public
safety without casting excessive glare on adjacent properties at the time of building permit
review. Down-lighting shall be used in all cases to assure safe vehicular movement in an
area where pedestrians could be walking. The lighting plan shall be submitted to, and
approved by, the Current Planning Project Manager prior to building permit approval.
D. Screening. As previously determined in the discussion on computability, as conditioned
the proposal provides for adequate screening to surrounding uses (most notably the
residential uses to the west) by screening through landscaping. The application does not
show surface mounted equipment on plan sets but does show roof-top equipment in the
form of heating and air conditioning related equipment (Exhibit 20). Screening is
proposed for the roof-top equipment through the use of parapets and roof top screening as
identified on the building section (Exhibit 21) and elevations (Exhibit 12). The proposed
refuse and recycling area will be screened from view by brick walls. The shielding
proposed would provide the required screening of the roof-top equipment and the refuse
and recycling area.
E. Privacy and Noise. The proposal adequately protects against noise and privacy impacts to
the residences to the west as well as its own residential units. As noted previously, the
building is built away from the residential uses to the west and is separated by an alley.
The separation and landscaping required for the proposal provides for both privacy
protection and noise reduction for the western residential uses. The proposed residential
units will be located on the top floor and loft portions of the building, away from the
pedestrian activity along Park Avenue.
F. Natural Systems Features. The proposal does not adversely affect any existing natural
system and will serve to enhance adjoining tree canopy systems. The three parcels that
combine to create the subject site are developed with structures on each site. There are no
natural systems. There are a few fruit trees that have been identified to be removed on
the properties but no street trees on Park Ave. The project proposes a few trees to be
planted (Exhibit 19). The street trees provide a type of natural system through their
canopy coverage and greening of the street and pedestrian areas. Currently, there are no
street trees in the right-of-way. Adding the landscaping along the project frontage
provides a continuity of the existing natural systems already existing in the street and
pedestrian area.
G. Loading Areas. The proposal does not indicate loading docks, which are usually areas
for commercial and industrial uses requiring larger deliveries and loading bays related to
warehouse storage type interior spaces. The proposed uses are not anticipated to require
regular loading bays for large deliveries and/or shipments. It is anticipated that the
proposal may have irregular delivery or shipments that are smaller in nature and would
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be through Fed Ex, USPS, UPS, and similar sized trucks. Such trucks do not require
loading bays. Therefore, staff finds that loading docks would not be needed.
Conclusions of Law
1. Authority. RMC 4-9-200(B)(2)(a) requires site plan review for all development in the CA
zone. RMC 4-9-200(D)(2)(c) requires a public hearing before the hearing examiner because there is
adjoining residentially zoned property. RMC 4-8-080(G) classifies hearing examiner site plan
review as Type III permits and modifications as Type I permits. The site plan and modification
requests of this proposal have been consolidated. RMC 4-8-080(C)(2) requires consolidated permits
to each be processed under “the highest-number procedure”. The site plan has the highest numbered
review procedures, so the site plan and modification requests must be processed as Type III
applications. As Type III applications, RMC 4-8-080(G) grants the Examiner with the authority to
hold a hearing and issue a final decision on them, subject to closed record appeal to the City Council.
2. Zoning/Comprehensive Plan Designations. The subject property is zoned Commercial
Arterial (CA) and is comprehensive plan designation is Commercial Corridor (CC).
3. Review Criteria. Site plan review standards are governed by RMC 4-9-200(E)(3).
Modification criteria are governed by RMC 4-9-250(D). Applicable criteria are quoted below in
italics and applied through corresponding conclusions of law.
Site Plan
RMC 4-9-200(E)(3): Criteria: The Administrator or designee must find a proposed project to be in
compliance with the following:
a. Compliance and Consistency: Conformance with plans, policies, regulations and approvals,
including:
i. Comprehensive Plan: The Comprehensive Plan, its elements, goals, objectives, and
policies, especially those of the applicable land use designation; the Community Design
Element; and any applicable adopted Neighborhood Plan;
ii. Applicable land use regulations;
iii. Relevant Planned Action Ordinance and Development Agreements; and
iv. Design Regulations: Intent and guidelines of the design regulations located in RMC 4-
3-100.
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4. The proposal is consistent with applicable comprehensive plan policies, zoning regulations
and design regulations as outlined in Finding 23(a)-(c) of the staff report, which is adopted by this
reference as if set forth in full, including the findings and conclusions.
RMC 4-9-200(E)(3)(b): Off-Site Impacts: Mitigation of impacts to surrounding properties and
uses, including:
i. Structures: Restricting overscale structures and overconcentration of development on a
particular portion of the site;
ii. Circulation: Providing desirable transitions and linkages between uses, streets,
walkways and adjacent properties;
iii. Loading and Storage Areas: Locating, designing and screening storage areas,
utilities, rooftop equipment, loading areas, and refuse and recyclables to minimize views
from surrounding properties;
iv. Views: Recognizing the public benefit and desirability of maintaining visual
accessibility to attractive natural features;
v. Landscaping: Using landscaping to provide transitions between development and
surrounding properties to reduce noise and glare, maintain privacy, and generally
enhance the appearance of the project; and
vi. Lighting: Designing and/or placing exterior lighting and glazing in order to avoid
excessive brightness or glare to adjacent properties and streets.
5. As determined in Finding of Fact No. 4 and 5, the proposal will not create any significant off-
site impacts, including the impacts specifically addressed in the criteria above.
RMC 4-9-200(E)(3)(c): On-Site Impacts: Mitigation of impacts to the site, including:
i. Structure Placement: Provisions for privacy and noise reduction by building placement,
spacing and orientation;
ii. Structure Scale: Consideration of the scale of proposed structures in relation to
natural characteristics, views and vistas, site amenities, sunlight, prevailing winds, and
pedestrian and vehicle needs;
iii. Natural Features: Protection of the natural landscape by retaining existing vegetation
and soils, using topography to reduce undue cutting and filling, and limiting impervious
surfaces; and
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iv. Landscaping: Use of landscaping to soften the appearance of parking areas, to provide
shade and privacy where needed, to define and enhance open spaces, and generally to
enhance the appearance of the project. Landscaping also includes the design and
protection of planting areas so that they are less susceptible to damage from vehicles or
pedestrian movements.
6. As determined in Finding of Fact No. 4 and 5, the proposal will not create any significant on-
site impacts, including those specifically addressed in the criteria above.
RMC 4-9-200(E)(3)(d): Access and Circulation: Safe and efficient access and circulation for
all users, including:
i. Location and Consolidation: Providing access points on side streets or frontage streets
rather than directly onto arterial streets and consolidation of ingress and egress points on
the site and, when feasible, with adjacent properties;
ii. Internal Circulation: Promoting safety and efficiency of the internal circulation system,
including the location, design and dimensions of vehicular and pedestrian access points,
drives, parking, turnarounds, walkways, bikeways, and emergency access ways;
iii. Loading and Delivery: Separating loading and delivery areas from parking and
pedestrian areas;
iv. Transit and Bicycles: Providing transit, carpools and bicycle facilities and access; and
v. Pedestrians: Providing safe and attractive pedestrian connections between parking
areas, buildings, public sidewalks and adjacent properties.
7. As determined in Finding of Fact No. 4, the proposal provides for adequate access and
circulation as required by the criterion above.
RMC 4-9-200(E)(3)(e): Open Space: Incorporating open spaces to serve as distinctive project
focal points and to provide adequate areas for passive and active recreation by the occupants/users
of the site.
8. The proposal provides for adequate open space as required by the criterion above as
determined in Finding of Fact No. 4.
RMC 4-9-200(E)(3)(f): Views and Public Access: When possible, providing view corridors to
shorelines and Mt. Rainier, and incorporating public access to shorelines.
9. As determined in Finding of Fact No. 5, no view corridors to shorelines or Mt. Rainier are
adversely affected. No shorelines are in the vicinity for purposes of requiring public access.
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RMC 4-9-200(E)(3)(g): Natural Systems: Arranging project elements to protect existing natural
systems where applicable.
10. Natural systems will not be adversely affected by the proposal as determined in Finding of
Fact No. 5.
RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and
facilities to accommodate the proposed use.
11. The project is served by adequate services and facilities as determined in Finding of Fact No.
4.
RMC 4-9-200(E)(3)(i): Phasing: Including a detailed sequencing plan with development phases
and estimated time frames, for phased projects.
12. The project is not phased.
Modifications
RMC 4-9-250(D)(2): Whenever there are practical difficulties involved in carrying out the
provisions of this Title, the Department Administrator may grant modifications for individual cases
provided he/she shall first find that a specific reason makes the strict letter of this Code
impractical, that the intent and purpose of the governing land use designation of the
Comprehensive Plan is met and that the modification is in conformity with the intent and purpose
of this Code, and that such modification:
a. Substantially implements the policy direction of the policies and objectives of the
Comprehensive Plan Land Use Element and the Community Design Element and the
proposed modification is the minimum adjustment necessary to implement these policies and
objectives;
b. Will meet the objectives and safety, function, appearance, environmental protection and
maintainability intended by the Code requirements, based upon sound engineering judgment;
c. Will not be injurious to other property(ies) in the vicinity;
d. Conforms to the intent and purpose of the Code;
e. Can be shown to be justified and required for the use and situation intended; and
f. Will not create adverse impacts to other property(ies) in the vicinity.
13. The criterion above are met for the requested parking standard modification for the reasons
identified at page 10 of the staff report. The criterion above area also met for the landscaping
modification requested by the applicant, provided that the landscaping perimeter is reduced to 8 feet
instead of six feet eight inches as requested by the applicant, for the reasons identified at page 9 of
the staff report.
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DECISION
The site plan, parking standard modification and landscaping modification (limited to a reduction to
eight feet) are approved subject to the following conditions:
1. The applicant shall comply with the two mitigation measures issued as part of the
Determination of Non-Significance Mitigated, dated September 26, 2014.
2. The applicant shall be required to record a formal Lot Combination in order to ensure the
proposed mixed use building is not built across property lines. The instrument shall be
recorded prior to building permit approval.
3. The applicant shall be required to submit a revised landscape plan to the Current
Planning Project Manager prior to building permit approval. The revised landscape plan
shall depict the following: an 8-foot wide landscape area at the northeast corner of the
site between the public right-of-way and parking stalls; a tree to be located in the
landscape area at the southwest corner near the alley adjacent stalls 20-22 (Exhibit 15); a
landscaped area to be created at the northwest corner near the alley where the parking
stall number 10 (Exhibit 15) is reduced to a compact stall and a tree and groundcover
planted; and updated shrub plantings that grow taller than the proposed Oregon grape in
the proposed landscaped areas on the southern boundary.
4. The applicant shall submit bicycle parking detail demonstrating compliance with the
bicycle requirements outlined in RMC 4-4-080F. The bicycle parking detail shall be
submitted to and approved by the Current Planning Project Manager prior to building
permit approval.
5. The applicant shall be required to revise the parking plan to include the reduced stall
widths as needed to provide the 8-foot wide landscape area at the northeast corner and
the reduced stall length for the northwest parking stall where a tree is to be located. The
stalls 1-10 as identified on Exhibit 15 would need to be updated.
6. The revised parking plan shall be submitted to and approved by the Current Planning
Project Manager prior to building permit approval or construction permit approval
whichever comes first.
7. The applicant shall be required to submit a conceptual sign package which indicates the
approximate location of all exterior building signage (residential and commercial).
Proposed signage shall be compatible with the building’s architecture and exterior
finishes. The conceptual sign package shall be submitted to, and approved by, the Current
Planning Project Manager prior to building permit approval.
8. The applicant shall provide a lighting plan which complies with the Design District
standards. The plan shall indicate the location of exterior/ornamental lighting to be
attached to the building, and any surface parking lighting, including specifications of the
light fixtures. The lighting plan shall ensure that lighting adequately provides for public
safety without casting excessive glare on adjacent properties at the time of building
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permit review. Down-lighting shall be used in all cases to assure safe vehicular
movement in an area where pedestrians could be walking. The lighting plan shall be
submitted to, and approved by, the Current Planning Project Manager prior to building
permit approval.
9. The applicant shall provide a detail of the canopies identified on the front façade which
complies with the Design District standards. The canopy plan shall be submitted to, and
approved by, the Current Planning Project Manager prior to building permit approval.
10. The applicant shall provide a seating area for two or more users near the front façade of
the building along Park Ave N which complies with the Design District standards. The
seatind shall be of durable, vandal- and weather-resistant materials that do not retain
rainwater and can be reasonably maintained over an extended period of time and that do
not impede or block pedestrian access to public spaces or building entries. The seating
location shall be indicated on a revised site plan and a detail shall be submitted to, and
approved by, the Current Planning Project Manager prior to building permit approval.
DATED this 12th day of November, 2014.
City of Renton Hearing Examiner
Appeal Right and Valuation Notices
RMC 4-8-080 provides that the final decision of the hearing examiner is subject to appeal to the
Renton City Council. RMC 4-8-110(E)(14) requires appeals of the hearing examiner’s decision
to be filed within fourteen (14) calendar days from the date of the hearing examiner’s decision.
A request for reconsideration to the hearing examiner may also be filed within this 14 day appeal
period as identified in RMC 4-8-110(E)(13) and RMC 4-8-100(G)(9). A new fourteen (14) day
appeal period shall commence upon the issuance of the reconsideration. Additional information
regarding the appeal process may be obtained from the City Clerk’s Office, Renton City Hall –
7th floor, (425) 430-6510.
Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.