Loading...
HomeMy WebLinkAboutLUA 09-060_Report 020 0 VULCAN #► July 8, 2014 Vanessa Dolbee via regular mail and e-mail Senior Planner City of Renton Renton City Hall — 6" Floor 1055 South Grady Way Renton, WA 98057 Re: Pan Abode Site (aka Hawk's Landing) — 4350 Lake Washington Blvd. N. Request for Master Site Plan Extension (L.UA09-060) Dear Vanessa, I am writing to request a one-year extension for the master site plan approval for Hawk's Landing. As you know from our prior discussions, our purchase and sale contract with Spence Albert fell through in the wake of the recession, but we would like to retain the current entitlement for another year while interest from hotel developers in the site's redevelopment is now beginning to recover. Additionally, if you have not already done so, V V L C A N C 4 M. please correct the contract information for this project approval to the property owner's info as follows: Port Quendall Company, Attn: Brandon Morgan, 505 5" Ave. South, Suite 900, Seattle, WA 98104. As I understand it, if granted the one-year extension will set the expiration of the master site plan approval to September 10, 2015, after which it cannot be extended. Please confirm whether the master site plan can be extended and if this expiration date would be accurate. Of course, you can feel free to contact me at (206) 342-2314 or brandonmo@vulcan._com at any time should you have any questions for me. Sincerely, Brandon L. Morgan Development Manager cc: Vulcan: Steve Van Til, Scott Matthews (e-mail) ECEINJEL.-i JUL 0 9 ?q',' CITY Y;.F§'` 2 50b F Rh Ave $ Suetc 90p Sec31!Ie, WA 98104 206 342 2400 Tel 206 342 3000 Fax Vanessa Dolbee From: Spencer Alpert <spencer@alpertcapital.com> Sent: Friday, April 17, 2015 9:30 AM To: Vanessa Dolbee Cc: Jeff Smyth Subject: Re: Hawk's Landing Approved Master Site Plan #LttA.09060 Follow Up Flag: Follow up Flag Status: Completed Ok, got it!! So here are the updates re: Alpert -related entities: Applicant: SPENCER ALPERT CERADIMM, LLC 701 5th AVE Suite 7100 Seattle, WA 98107 Hawk's Landing, LLC (a wholly-owned subsidiary of Ceradimm, LLC) is no longer active as an independent company and should be deleted as a contact. Alternatively, it would have the same contact information as Ceradimm, LLC. As to Parties of Interest, same update: Spencer Alpert Ceradimm, LLC 701 5th Ave. Suite 7100 Seattle, WA 98107 Email and phone contacts are the same. Thanks again, Spence Sent from my iPhone > On Apr 16, 2015, at 4:12 PM, Vanessa Dolbee <VDolbee@Rentonwa.gov> wrote: > > Spencer, > Here is what I have in the system: > Applicant: 1 > ALPERT SPENCER > ALPERT INTERNATIONAL, LLP > 2442 NW MARKET ST #53 > SEATTLE, WA 98107 > 260-915-7200 > Address change 4-14-15 > Owner: > PORT QUENDALL COMPANY > 505 5TH AVE S #900 > SEATTLE WA > 98104 > Contact: > MEL A. MAERTZ > M2 ARCHITECTS, ARCHITECTURE &PLANNING > 22002 64TH AVENUE WEST., SUITE 2C > MOUNTLAKE TERRACE, WA 98043 > 206-354-7100 > fax: 425-774-8219 > mmaertz@m2architects.net > Contact Changed 6-12-12 > AGENT: > JACK MCCOULLOUGH/JESSIE CLAWSON > MCCULLOUGH HILL LEARY P.S. > 7015TH AVENUE SUITE 7220 > SEATTLE, WA 98104 > 206.812.3388 > CONTACT > HAWKS LANDING, LLC > C/O DAN M ITZEI_ > 1111 CLEVELAND AVENUE, SUITE 201 > MOUNT VERNON, WA 98273 > 360.404.5020 > In addition, the Party of Records List is attached. I cannot remove anyone from the list but I can update information and/or add people to the party of records list. > > With this can you let me know exactly what you would like changed/added. > > Thank you, > > Vanessa Dolbee, Current Planning Manager Community & Economic > Development Department Planning Division > 1055 S Grady Way > Renton, WA 98057 > (425)430-7314 > > >-----Original Message----- * From: Spencer Alpert (mailto:spencer@alpertcapital.com] > Sent: Thursday, April 16, 2015 3:30 PM > To: Vanessa Dolbee 2 > Cc: Jeff Smyth > Subject: Re: Hawk's Landing Approved Master Site Plan #LUA 09060 > > Many thanks, Vanessa, > > I appreciate your quick reply and apologize for the confusion over addresses. > When we were on the phone, I thought I heard you say the party of interest for this particular file (the Hawk's Landing project) was listed as Spencer Alpert AND Alpert International, LLLP. > > What I meant to impart was, if that is correct, that "Spencer Alpert" should remain a party of interest and my personal mailing address is changed only in replacing "722" with "53". However, in regard to Ceradimm, LLC, that entity has a different address, which is the 5th Avenue address. Does that make sense, one address for me personally and another for the company? If you need to designate one address, though, please use 701 5th Avenue, Suite 7100, Seattle, WA 95144. > If I haven't sufficiently straightened out my contradictory statements so your records can now be complete and accurate, please let me know. 1f you need my official title with Ceradimm, LLC, it is Chief Operating Officer. > Incidentally, I had a most pleasant conversation with Lance Lopes yesterday, and he extends his best. You may know he left the Seahawks and took a similar position at UW. And I'm meeting with Jack tomorrow and will bring him up to date as well. I always enjoy seeing Jack - he is constantly full of good ideas! > Best regards, > Spence > Sent from my iPhone >> On Apr 16, 2015, at 2:15 PM, Vanessa Dolbee <VDolbee@Rentonwa.gov> wrote: >> Spence, >> items 1 and 2 in the below e-mail are correct. Item 3., 1 changed the address to 2442 NW Market St. #53 Per your request over the phone. As such, our system has been updated accordingly and no longer uses "#722". 1 am unclear on your request for item 4. Below. Would you like me to change the contact for the project to Ceradium LLC and the associated address, instead of Alpert International, LLLP? >> Thank you, » >> Vanessa Dolbee, Current Planning Manager Community & Economic >> Development Department Planning Division >> 1055 S Grady Way >> Renton, WA 98057 >> (425)430-7314 » » >> -----Original Message----- » From: Spencer Alpert [mailto:spencer@alpertcapital.com] >> Sent: Wednesday, April 15, 2015 1:29 PM >> To: Vanessa Dolbee >> Cc: Jeff Smyth >> Subject: Hawk's Landing Approved Master Site Plan #LUA 09060 » >> Hi Vanessa, 7> >> Per our conversation of yesterday, I am writing to confirm as follows: » >> I. The Master Site Plan for the Hawk's Landing hotel project, as previously approved, has been renewed and is currently valid through September, 2015. » >> 2. The Site Plan for the hotel has expired; however a new Site Plan can be approved administratively by the City of Renton so long as the Master Site Plan is current. » >> 3. The Applicant and Party of Interest for the Hawk's Landing project and the approved Master Site Plan is Spencer Alpert and Alpert International, LLLP, whose mailing address is shown on City of Renton records as 2442 NW Market St., #722, Seattle, WA 98107. » >> 4. All the assets of Alpert International, LLLP, including the Approved Master Site Plan as granted by the City of Renton for the Hawk's Landing project (File #LUA 09060), as well as the registered Trademark issued by the U.S. Patent Office for Hawk's Landing, have been acquired by Ceradimm, LLC, a Washington limited liability company whose business address is 701 5th Avenue, Suite 7100, Seattle, WA 98104. The assignment of the Hawk's Landing Trademark from Alpert International, LLLP, to a wholly-owned subsidiary of Ceradimm, LLC has been approved by the U.S. Patent Office. >> 5. Accordingly, per this email the City of Renton is requested to update your records to reflect the current status of the Applicant, Party of interest and Owner of the Approved Master Site Plan for the Hawk's Landing project, File # LUA 09060 as set forth in Item 4. above. » >> 6. To the best of my knowledge, ownership of the Hawk's Landing property remains unchanged per King County Deed Records. >> Thank you for all your assistance over the years in processing the Hawk's Landing file, and I look forward to working with you further toward the ultimate success of the Hawk's Landing project. I would appreciate confirmation of items 1 and 2 above and that City of Renton records have been revised and updated as requested in Item 5. » >> Please let me know if you have any questions or need any additional information in regard to this matter. » >> Best regards, » >> Spencer Alpert >> 2442 NW Market St #53 >> Seattle, WA 98107 >> 206-915-7200 » >> Sent from my iPhone > <POR 09-060.doc> Denis LawCltY ai 00 Mayor �� S Y O I + + L Community & Economic Development Department C.E. "Chi p"Vin cent, Administrator July 9, 2014 Brandon L. Morgan. Vulcan 505 Fifth Ave. S, Suite 900 Seattle, WA 98104 SUBJECT: Hawks Landing Master Plan LUA09-060 Dear Mr. Morgan: This office has reviewed your request (dated July 8, 2014) to extend an approved master plan (File No. LUA09-060) that will expire on September 10, 2014. Pursuant to RMC 4-9=2001.1, the municipal code allows the administrator to issue a single one (1) year extension. Therefore, your master plan extension request is approved. The Hawks Landing master plan will now expire on September 10, 2015. You should be aware this office is empowered to issue only one such extension. Pleas& feel free to contact me at (425) 430-7314 should you have any further questions or comments regarding this extension. Sincerely, V Jennifer Henning, AICP Planning Director cc: Chip Vincent, CED Administrator Vanessa Do.lbee, Current Planning Manager City of Renton file LUA09-060 Renton City Hall . 1055 South Grady Way . Renton, Washington 98057 . rentonwa.gov July 8, 2014 Vanessa Dolbee Senior Planner City of Renton Renton City Hall -- 6" Floor 1055 South Grady Way Renton, WA 98057 via regular mail and e-mail Re: Pan Abode Site (aka Hawk's Landing) - 4350 Lake Washington Blvd. N. Request for Master Site Plan Extension (LUA09-060) Dear Vanessa, >� VULCAN IP City of Renton P!anninq Division +:'. 0 8 �0,14 ifl�� ; U VV ELK am writing to request a one-year extension for the master site plan approval for Hawk's Landing. As you know from our prior discussions, our purchase and sale contract with Spence Albert fell through in the wake of the recession, but we would like to retain the current entitlement for another year while interest from hotel developers in the site's redevelopment is now beginning to recover. Additionally, if you have not already done so, please correct the contract information for this project approval to the property owner's info as follows: Port Quendall Company, Attn: Brandon Morgan, 505 5" Ave. South, Suite 900, Seattle, WA 98104. As I understand it, if granted the one-year extension will set the expiration of the master site plan approval to September 10, 2015, after which it cannot be extended. Please confirm whether the master site plan can be extended and if this expiration date would be accurate, Of course, you can feel free to contact me at (206) 342-2314 or brand onmo(&vulcan.corn at any time should you have any questions for me. Sincerely, Brandon L. Morgan Development Manager cc: Vulcan: Steve Van Til, Scott Matthews (e-mail) 505 Fihh Ave S Suite 900 Seattle, WA 98104 206 342 2000 Teo 206 342 3000 Fax V U L C A H. C 0 M C Hearing Examiner's Decision 0 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 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Hawks Landing LLC Extension Request DECISION LUA09-060; ECF, SA -M, SA -H Summary The Applicant has applied for a two year extension of the expiration period for a site plan approved on September 10, 2009. The extension is approved to September 10, 2013. Exhibits The following documents were considered in evaluating the application for final plat: I. Applicant's Request for Extension of the Site Plan Review approval, date August 30, 2011. 2. September 10, 2009 decision approving site plan and master site plan applications; LUA 09-060, ECF, SA -M, SA -H. 3. Email string between staff and examiner ending 1013111. 4, Preliminary Report to the Hearing Examiner, LUA 09-060, ECF, SA -M, SA -H. 5. 8131111 assignment request for LUA 09-060, ECF, SA -M, SA -H. PUD EXTENSION - I Findings of Fact 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 Procedural: 1. Applicant_ Hawks Landing, LLC, assignee of site plan approval from original applicant, Alpert International, LLP. 2. Hearing. RMC 4-9-200(L)(2) provides that the Examiner may require a public hearing at his discretion for the site plan extension request. Given that permit extension requests are routinely given in this challenging economic climate and that there is nothing in the record to suggest that the impacts of the project would materially change over an additional two year period, there is no need for a hearing on this extension request. Substantive: 3. Descri tion of Proposal. The Applicant is requesting extension of the two year expiration period for site plan approval as governed by RMC 4-9-200(L)(2). The hearing examiner decision approving the site plan is Ex. 2. Conclusions of Law Procedural: 1. Authority of Hearing Examiner. RMC 4-9-200(L)(2) provides that the hearing examiner may grant an extension of the two year expiration period for site plan approvals. Substantive: 2. Applicable Standards. RMC 4-9-200(L)(2) provides that the Examiner may grant a two year extension on site plan approval expiration upon a showing of "good cause". The Applicant references the current economic climate as the reason for additional time. The severe economic climate has routinely served as grounds for extension of permit expiration and there is nothing in this case to compel a different result. The extension is granted. 3. Master Site Plan Extension. In the email correspondence of Ex. 3, staff has also requested that the Examiner clarify what the expiration period is for the master site plan. RMC 4-9- 200(L)(1) requires the Examiner to set an expiration period for a proposed master plan within a two to five year period. Staff referenced a five year expiration period in its staff report on the master site plan application, but the Examiner never set an expiration period in his decision.. The current Examiner does not have the authority to clarify the Examiner's 2009 decision approving the master site plan application. The issue of what expiration period applies when the Examiner fails to address it as required by RMC 4-9-200(L)(1) is a code interpretation that should be submitted to the Community and Economic Development Administrator under RMC 4-1-080(A). That decision may then be brought to the Examiner by administrative appeal under RMC 4-8- 110(E)(1)(a). Another way to address the situation would be to amend the site plan decision with PUD EXTENSION - 2 I the addition of a specified expiration period as a major adjustment, providing the public an 2 opportunity to comment on any proposed expiration period. 3 DECISION 4 5 The request to extend the September 10, 2011 expiration date of site plan approval LUA09-060; 6 ECF, SA -M, SA -H to September 10, 2013 is approved. 7 DATED this 3rd day of October, 2011. 8 9 Phil A. Olbrechts 10 City of Renton Hearing Examiner 11 12 13 Appeal Right and Valuation Notices 14 RMC 4-8-110(E)(9) provides that the decision of the hearing examiner is final subject to appeal to 15 the Renton City Council. RMC 4-8-110(E)(9) requires appeals of the hearing examiner's decision 16 to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing a examiner may also be filed within this 14 day appeal 17 period as identified in RMC 4-8-110(E)(8) and RMC 4-8-100(G)(4). A new fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information 18 regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall — 7,' 19 floor, (425) 430-6510. 20 Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. 21 22 23 24 25 26 PUD EXTENSION - 3 August 31, 2011 VIA ELECTRONIC MAIL, Vanessa Dolbee Senior Planner City 4f Renton City of Renton Planning and Development P'tarrl'ing l3i�ision 1055 South Grady Way Renton, WA 98057 RE: Ass ent re nest for Site Plan Review approval 4350 ke Washington Blvd. North Dear Vanessa: We write this letter to request that the permits previously issued for Alpert International, LLP be assigned to Hawks Landing, LLC. The new contact information for the entity is: Hawks Landing, LLC c/o Dan Mitzel 1111 Cleveland Avenue, Suite 201 Mount Vernon, WA 98273 Phone: (360) 404-5020 With a copy to: Jack McCullough/Jessie Clawson McCullough Hill Leary P.S. 7015" Avenue Suite 7220 Seattle, WA 98104 Phone: (206) 812-3388 Please let me know if you have any questions about this request. incerely, Jessica M. Clawson V cc: Dan Mitzel, Hawks Landing LLC Spence Alpert, Alpert International, LLP 701 Fifth Avenue • Suite 7220 Seattle, Washington 98104 - 206.812.3388 • Fax 206.8123389 • www.mhseat@ecom Vanessa Dolbee � (IfA 6111 -C,(p6i From: Spencer Alpert [spencer@alpertcapital,com] Sent: Monday, February 14, 2011 7:43 AM To: Vanessa Dolbee Cc: Dan Mitzel; Dave Allegre; ceradimm@gmail. com-, Jack McCullough; Jeff Smyth; Shaunta Knibb; Clint Chase Subject: Hawk's Landing, LLC Follow Up Flag: Follow up Flag Status: Completed Vanessa: This is to confirm that the Purchase and Sale Agreement currently in place for this property has been assigned by Alpert International, LLLP to Hawk's Landing, LLC, a Washington limited liability company, which will act as developer of the project. Also, the office address and primary contact for this entity will be c/o Dan R, Mitzel, Member at his address, which I believe you have in the file. Accordingly, we would request that all city documents pertaining to the Hawk's Landing project be re -titled in the name of Hawk's Landing, LLC as far as city records are concerned. Please let me know if you need anything further in this regard. Very truly yours, Spencer Alpert for Alpert International, LLLP Vanessa Dolbee From: Sent: To: Subject: Vanessa My contact info is as flows: Dan Mitzel [danmitzei@hansellmitzel.com] Wednesday, March 09, 2011 12:21 PM Vanessa Dolbee RE: New Contact for Hawk's Landing Dan Mitzel 1111 Cleveland Ave Suite 201 Mount Vernon WA. 98273 Office phone 360-4042050 Cell 360-661-2237 Email: danmitzel@mitzel.net Tomorrow I am meeting with Steve Lee and PSE at 9:30 in the morning and I have our monthly meeting scheduled for 10:30. Thanks! Dan From: Vanessa Dolbee [mailto:VDolbee@)Rentonwa-aoyl Sent: Wednesday, March 09, 2011 11, 54 AM To: Dan Mitzel Subject: New Contact for Hawk's Landing Dan, The City received a request from Spencer Alpert to change the contact for the Land Use LUA09-060 Hawk's Landing to you. However, Spence did not provide address, phone, or e-mail information in the letter. I do have some of this information for you but did not want to make assumptions about your preferred contact information. Could you please provide the City your preferred mailing address, e-mail, and phone number to be used in the update of the Hawk's Landing file. Once we receive this information I will update our file and our system to reflect your request. Thank you, Vanessa Do5ee Senior Planner Department of Community & Economic Development City of Renton Renton City Hall - 6th Floor 1055 South Grady Way Renton, WA 98057 1 425.430.7314 Hawk's L ng Hotel Conditions of Developme ',ummary) LUA09-060, ECF, SA-M, SA-H Project Condition Source of When Compliance Party Notes Condition is Required Responsible The applicant shall comply ERC During Project Applicant/ with the recommendations Construction Contractor found in the following geotechnical reports: "Geotechnical Engineering Study" prepared by Earth Consultants, Inc. dated February 6, 1991; "Geotechnical Investigation — Draft Report" prepared by Materials Testing & Consulting, Inc. dated June 4, 2-009; and "Subsurface Exploration and Geotechnical Engineering Study — Proposed May Creek Office Building", prepared by Hart Crowser & Associates, Inc., dated October 8, 1985. The applicant shall be required ERC During Project Applicant/ to comply with the Construction Contractor recommendations included in the "Wetland/Stream Study", prepared by Graham -Bunting Associates, dated May 12, 2009. This project shall be required ERC During Project Applicant/ to comply with the Construction Contractor requirements found in the 2005 King County Surface Water Design Manual. The applicant shall be required ERC During Project Applicant/ to provide a Temporary Construction Contractor Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume 11 of the Stormwater Hawk's L ng Hotel Conditions of Developme ammar-Y) 1,UA09-060, FCF, SA -M, SA -H Management Manual prior to issuance of Construction Permits. This condition shall be subject to the review and approval of the Development Services Division Plan Review Project Manager. If any Native American ERC During Project Applicant/ grave(s) or Construction Contractor archaeological/cultural resources (Indian artifacts) are found, all construction activity shall stop and the owner/developer shall immediately notify the City of Renton planning department, concerned Tribes' cultural committees, and the - Washington State Department of Archeological and Historic Preservation. The applicant shall coordinate ERC Prior to Building Applicant with the City of Renton and Permit approval WSDOT to determine the applicant's contribution for the following recommended mitigation measures: a. Participation in the construction of additional lanes at the NE 44th Street/1-405 Northbound Ramps. b. Construction of a center merge/refuge lane on Lake Washington Boulevard between Seahawks Way and the southbound ramps. c. Shared cost of the traffic signal Hawk's L ng Hotel ("onditions of Develop me. urnmary) LUA09-060, ECF, SA -M, SA -H installation at the NE 44th Street/1-405 Southbound Ramp. The contribution shall be determine by a supplemental traffic impact analysis, prepared by the applicant and approved by the City, which can quantify the applicant's impacts to the anticipated existing 2011 LOS "F" condition. The impact analysis and agreement shall be completed prior to building permit approval. The applicant shall pay a ERC Prior to issuance of Applicant Traffic Mitigation Fee in the building permits amount of $75 for each new net daily trip or any new Transportation Impact Fee the City has adopted at the time of building permit issuance. The applicant shall provide a ERC Prior to Applicant/ left -turn lane along Lake Construction Contractor Washington Boulevard, which Permit Approval/ shall be designed in during accordance with the City of construction. Renton Development Services division and final design shall be approved by the City's Development Services project manager, prior to construing permit approval. The northerly site access point ERC Prior to Applicant/ (the existing Pan Abode Construction Contractor access) shall be limited to Permit Approval/ right -in right -out traffic during movements. construction. The applicant shall pay a Fire ERC Prior to issuance of Applicant Mitigation Fee based $0.52 building permits per new commercial building Hawk's L ng Hotel Conditions of Developme ummary) LUA09-060, ECF, SA -M, SA -H square foot or any new Fire Impact Fee the City has adopted at the time of building permit issuance. Haul hours are limited from Code During Project Applicant/ 8:30 am to 3:30 pm Monday Construction Contractor/ through Friday Builder Within 30 days of completion Code During Project Applicant/ of grading work the applicant Construction Contractor/ shall hydroseed or plant Builder appropriate vegetation. Construction hours are from Code During Project Applicant/ 7:00 am to 8:00 pm Monday Construction Contractor/ through Friday and 9:00 am to Builder 8:00 pm on Saturday and no work is allowed on Sundays. A detailed landscape plan and Master Prior to Building Applicant irrigation plan shall be Site Permit Approval prepared by a landscape Plan/Site architect registered in the Plan State of Washington, a certified nurseryman, or other similarly qualified professional, and be submitted by the applicant and approved by the Current Planning Project Manager prior to issuance of the building permit. The applicant shall provide a Master Prior to Building Applicant revised site plan that depicts 7 Site Permit Approval ADA parking spaces. The Plan/Site revised site plan shall be Plan submitted by the applicant and approved by the Current Planning Project Manager prior to issuance of construction permit. Hawk's L ng Hotel Conditions of Developme ummary) LUA09-060, ECF, SA -M, SA -H The applicant shall submit an Master Prior to Applicant access driveway grade cross Site Construction section indicating compliance Plan/Site Permit Approval with RMC 4-4-080.1.6.b to be Plan submitted by the applicant and approved by the Current Planning Project Manager prior to issuance of construction permit. The street vacation, file # VAC- Master Prior to Certificate Applicant 09-001, shall be completed Site of Final Occupancy prior to Certificate of Final Plan/Site Occupancy. Plan The applicant shall redesign Master Prior to Building Applicant the west elevation to feature a Site Permit Approval pedestrian -oriented facade. Plan/Site The new elevation drawings Plan shall be submitted to the Department of Community and Economic Development project manager for review and approval prior to building permit approval. The applicant shall submit a Master Prior to Building Applicant new site plant that indicates Site Permit Approval the entire pedestrian Plan/Site pathways through the parking Plan lot as a different material or texture from the adjacent paving prior to building permit approval. This site plan shall be reviewed and approved by the Department of Community and Economic Development project manager. Hawk's i ing Hotel Conditions of Developme summary) LUA09-060, ECF, SA -M, SA -H The applicant shall provide an Master Prior to Applicant updated site plan to the City of Site Construction Renton Current Planning Plan/Site Permit Approval Project Manager indicating 12- Plan foot sidewalk widths and a 10 - foot wide landscape strip along the frontage of the 3.07 acres of the development site, prior to construction permit approval. The applicant shall be required Master Prior to Building Applicant to provide a lighting plan that Site Permit Approval adequately provides for public Plan/Site safety without casting Plan excessive glare on adjacent properties to the Current Planning Project Manager for review and approval at the time of building permit review. The applicant shall comply P & D Prior to Applicant with the King County Surface Appeal Construction Water Design Manual in Decision Permit Approval treating stormwater before conveying it to the roadside ditch. The applicant and staff shall P & D Prior to Building Applicant work on a plan that Appeal Permit Approval accommodates additional Decision landscaping, even temporary landscaping in planter boxes with some larger trees to screen or breakup the view of the background unsightly portions of the site east and west of the parking areas. Vanessa Dolbee From: Vanessa Dolbee Sent: Tuesday, July 13, 2010 02:11 PM To: 'Karen Walter' Subject: RE: Hawk's Landing Mixed Use, LUA09-060, ECF, SA -M, SA -H, Notice of Application and Proposed Determination of Non -Significance, Mitigated (DNS -M) Attachments: Hawk's Landing Mixed Use ERC Rpt2 09-060.pdf Karen, Please see my response in red below. Let me know if you have further questions. Regards, Vanessa Dolbee (Acting) Senior Planner City of Renton Department of Community & Economic Development 1055 South Grady Way Renton, WA 98057 (425)430-7314 From: Karen Walter[mailto:KWalter@muckleshoot.nsn.us] Sent: Tuesday, July 13, 2010 01:49 PM To: Vanessa Dolbee Subject: FW: Hawk's Landing Mixed Use, LUA09-060, ECF, SA -M, SA -H, Notice of Application and Proposed Determination of Non -Significance, Mitigated (DNS -M) Vanessa, Did you ever respond to the email below? I can't seem to find record of a response in our files or email. Thank you, Karen Walter MITFD From: Karen Walter Sent: Wednesday, February 03, 2010 12:02 PM To: 'Vanessa Dolbee' Subject: RE: Hawk's Landing Mixed Use, LUA09-060, ECF, SA -M, SA -H, Notice of Application and Proposed Determination of Non -Significance, Mitigated (DNS -M) Vanessa, Thank you for your email. For whatever reason, we did not receive any responses from the applicant. A couple of follow-up questions. 5o the rain gardens as originally proposed are no longer included in the project or have been modified. Your response wasn't very clear. Will there be a detention pond in addition to the rain gardens (if still proposed)? The rain gardens are still a part of the proposal, however the design of them have changed because of a number of appeals. The rain garden wOuld have an impervious liner in th om so that runoff would riot be able U gyrate into the ground water (as such, they may not act like a typical rain garden). In my previous response, I indicated that the applicant would be required to meet King County 2005 Surface Water Design Manual, and all regulations within this manual as it pertains to stormwater detention and water quality. The exact manner in which the applicant will comply with this manual has not: been identified fully. An updated Technical Information Report would be required at time of construction permit application. At this time, the City's Stormwater Division would ensure compliance with the rrranual for both stormwater detention and water quality - Also, I apologize but the copy of the landscape plan is too small to read. I tried to modify it several different ways and still couldn't enlarge it so that it legible. Is it possible to get it in a PDF format instead of Word? Please find attached a copy of the entire Environmental Review Report (which is in PDF format), you will find the landscape plan near the end as an attachment to the report. Thanks again, Karen Walter M ITFD ...... ......... . From: Vanessa Dolbee [mailto:VDolbee@Rentonwa.gov] Sent: Wednesday, February 03, 2010 10:54 AM To: Karen Walter Subject: RE: Hawk's Landing Mixed Use, LUA09-060, ECF, SA -M, SA -H, Notice of Application and Proposed Determination of Non -Significance, Mitigated (DNS -M) Karen, If you didn't receive a reply, my apologizes. It was my understanding that the applicant was to provide you with a response. With that said ... the following is the City's response to your questions: 1. The environmental checklist indicates that the project is not within the 100 year floodplain of May Creek. However, it appears that a small portion of the site may be within the 100 year floodplain per King County's IMAP (See attached map). Please clarify if this project is within the 100 year floodplain. If it is, please clarify if there will be filling within the 100 year floodplain and if so, what is the proposed mitigation for this fill. The project is not designed to be within the 100 year floodplain. Fill should not be placed within the 100 year floodplain as proposed, 2. In item 3.c.1, the environmental checklist indicates that treated stormwater from the rain gardens will be routed to the site's historic discharge location in the southwest corner. Does this mean that there will be no detention of this stormwater? Please clarify. The rain gardens were included in the original proposal. After a number of appeals the rain gardens as originally proposed has changed. The applicant is required to meet the 2005 KCSWDM, and the City will review the project under these requirements. If detention is required per the 2005 KCSWDM, the City will required detention. 3. The checklist in section 3.0 also describes a portion the stormwater from non -pollution generating surfaces will be routed to a vault and used for on-site irrigation. How much stormwater is estimated to be used for irrigation and how much will be treated and discharged without detention? At this stage of review the exact calculation for treatment has not yet been determined. 4. Where will the proposed 83 trees be planted? The checklist references a conceptual landscape pian but it was not included in our packet of materials. See the attached landscape plan Thank you for yon€r comments on the subject project. Vanessa Dolbee (Acting) Senior Planner City of Renton Department of Community & Economic Development 1055 South Grady Way Renton, WA 98057 (425)430-7314 . ... ......... ........... . ... . .. . ... .... ......... From: Karen Walter [maiIto: Karen.Walter@muckleshoot.nsn. us] Sent: Tuesday, January 26, 2010 03:25 PM To: Vanessa Dolbee Subject: RE: Hawk's Landing Mixed Use, LUA09-060, ECF, SA -M, SA -H, Notice of Application and Proposed Determination of Non -Significance, Mitigated (DNS -M) Hi Vanessa, Did you ever get a chance to reply to this email below? We don't seem to have a record of response. Thanks, Karen Walter M ITFD From: Karen Walter Sent: Thursday, June 11, 2009 3:07 PM To: Vanessa Dolbee Subject: Hawk's Landing Mixed Use, LUA09-060, ECF, SA -M, SA -H, Notice of Application and Proposed Determination of Non -Significance, Mitigated (DNS -M) Vanessa, The Muckleshoot Indian Tribe Fisheries Division has reviewed the Notice of Application materials including the environmental checklist and the Wetland/Stream Study for the above referenced project. Thank you for sending the Wetland and Stream study as it facilitated our review. Based on the materials that we have reviewed, we have some questions about this project. 1. The environmental checklist indicates that the project is not within the 100 year floodplain of May Creek. However, it appears that a small portion of the site may be within the 100 year floodplain per King County's IMAP (See attached map). Please clarify if this project is within the 100 year floodplain. If it is, please clarify if there will be filling within the 100 year floodplain and if so, what is the proposed mitigation for this fill. 2. In item 3.c.1, the environmental checklist indicates that treated stormwater from the rain gardens will be routed to the site's historic discharge location in the southwest corner. Does this mean that there will be no detention of this stormwater? Please clarify. 3. The checklist in section 3.c.1 also describes a portion the stormwater from non -pollution generating surfaces will be routed to a vault and used for on-site irrigation_ How much stormwater is estimated to be used for irrigation and how much will be treated and discharged without detention? 3 4. Where will the proposed 83 ie planted? The checklist references a ptual landscape plan but it was not included in our packet of materials. We appreciate the opportunity to review this proposal and look forward to the City's responses to the questions above. Thank you, Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division 39015 172"' Ave SE Auburn, WA 96092 253-876-3116 December 7, 2009 Monday, 7 p.m. RENTON CITY COUNCIL Regular Meeting M I N Q T E S Council Chambers Renton City Hail CALL TO ORDER Mayor Law called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF RANDY CORMAN, Council President; GREG TAYLOR; RICH ZWICKER; TERRI COUNCILMEMBERS BRIERE; KING PARKER; DON PERSSON; MARCIE PALMER. CITY STAFF IN ATTENDANCE DENIS LAW, Mayor; JAY COVINGTON, Chief Administrative Officer; ANN NIELSEN, Assistant City Attorney; JASON SETH, Deputy City Clerk; GREGG ZIMMERMAN, Public Works Administrator; IWEN WANG, Finance and Information Services Administrator; ALEX PiETSCH, Community and Economic Development Administrator; MARTY WINE, Assistant CAO; PETER RENNER, Facilities Director, SUZANNE DALE ESTEY, Economic Development Director; CHIP VINCENT, Planning Director; CHIEF KEVIN MILOSEVICH and DEPUTY CHIEF TIM TROXEL, Police Department. APPEAL Planning and Development Committee Chair Parker presented a report Planning & Development regarding the Hawk's Landing Mixed Use Site Plan application (LUA-09-060). Committee: The Committee heard this appeal on 12/3/2009. Pursuant to RMC 4-8-110.F., Appeal: Hawk's Landing Mixed the Committee's decision and recommendation is limited to the record, which Use, Alpert International & l.consists of, but is not limited to, the Hearing Examiner's Report, the Notice of Nicholson, SA -09-060 Appeal, and the submissions and presentations made by the respective parties. +Background The subject site is located at 4350 Lake Washington Boulevard N. in Renton, WA, and is approximately 7.8 acres in size. The site is surrounded to the north and east by existing Washington State Department of Transportation right-of- �way for f-405, and to the south by an underdeveloped parcel that contains May 'Creek (a Class 1 water body) with at least two associated wetlands (Category 2). Alpert International, LLP ("Applicant") seeks to develop 3.07 acres on the northerly portion of the subject site with "Hawk's Landing" hotel, a five -story hotel that would include retail, fitness center, spa and restaurant. PROCEDURAL HISTORY 'Applicant submitted a request for SEPA review and Master Site Plan/Site Plan review for the proposed Hawk's Landing hotel. The Environmental Review Committee issued a DNS -M with ten (10) mitigation conditions. Brad Nicholson, and South End Gives Back ("Appellant") timely appealed the SEPA determination. On 8/25/2009, a public hearing was held before the Hearing Examiner on the SEPA appeal and the Master Site Plan/Site Plan. Appellant appeared and presented at both portions of the hearing. The Hearing Examiner affirmed the SEPA determination and approved the Master Site Plan and Site Plan subject to ten (10) conditions. Both Applicant and Appellant then filed respective motions for reconsideration. 3 Appellant also submitted a request to include new evidence, to wit, the "Second Declaration of Joel Massman" their expert witness. Applicant filed a I Motion to Strike this declaration. On 10/19/2009 the Hearing Examiner issued the reconsideration affirming his original decision with a small modification to December 7, 2009 Renton City Council Minutes Page 368 condition #10 of the Master Site Plan/Site Plan ruling, as it pertains to street trees and landscaping on the remainder of the project site. He also granted the Motion to Strike, denying Appellants' request to have the Second Declaration included in the record. Both parties timely appealed both the SEPA and the Master Site Plan/Site Plan ruling to the City Council. RECOMMENDATION DECISION Having considered the comments made by the respective parties, and having reviewed the submissions, files and evidence in this matter, the Committee recommends that the Hearing Examiner's ruling to grant the Motion to Strike be affirmed, and that the Hearing Examiner's decision regarding the SEPA appeal be affirmed. The Committee further recommends that the Council finds that the Hearing Examiner made a substantial error of law in that the Hearing Examiner erroneously required "best available science" as a standard for stormwater treatment. Accordingly, the Committee recommends that the following modifications be made to the September 10, 2009 Report and Decision, but otherwise affirm the approval of the Master Site Plan/Site Plan and conditions. Conclusion 5: ... Those water should be handled with respect and appropriately treated by whatever water retention, detention, or "rain garden" feature is used. The applicant must comply with the City of Renton's standards regarding stormwater (the 2005 King County Surface Water Design Manual). The applieant use best available Conclusion 6: --- The Master Plan process does include 'master planning' for the entire subject site. While the applicant is trying to confine its footprint, the spare nature of the remaining site will detract from what appears to be a quality image. ,T„erefeFe, crheen ainTr^ ng acFeage rn lird „.rThe Master Plan cannot escape that there is a much larger site that suffers from old, deteriorating buildings that will reflect on the current proposal. This office believes that the applicant and staff can work on a plan that accommodates additional landscaping, even temporary landscaping in planter boxes with some larger trees to screen or breakup the view of the background unsightly portions of the site east and west of the parking areas. Additia pall,. the appheapt should plant addi+in naI strn�t f e aleRg the FeFRBiRiRg Lake 1 ashiRg4e Boulevard frepta of the tie and speciesR the R.,.+h fFOntage Decision Condition 9: ... The applicant shall comply with the 2005 King County Surface Water Design Manual he-st ay-ailabin sGience in treating stormwater before conveying it to the roadside ditch. T4e r.teRtir.r. .detentionOF garden" feature in .,rrlr.rtr, Fe duce polls'` �e+�tecing tlae ditchandthen May Greek. The development shall not ee aFd,'za May GFae and1sp Lake Washington with poll utantr December 7, 2009 Renton City Council Minutes Page 369 ADMINISTRATIVE REPORT Decision Condition 10: ... The applicant and staff shall work on a plan that accommodates additional landscaping within the boundaries of the current site plan application, even temporary landscaping in planter boxes with some larger trees to screen or breakup the view of the background unsightly portions of the site east and west of the parking areas. , in the event that the City does not plant street + aleng the remaining Lake Wa5hisgtergRn..ln�.�.rarl 4ent�Ste.o..tha ..s.. c. ... the appI' + hall Plant r rh tFeE!S at the SaM matin and species Planted along the er-th frontage. MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Chief Administrative Officer Covington reviewed a written administrative report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2009 and beyond. Item noted included: The Highlands Neighborhood Community Center will be open 12/8/2009 from 8 a.m. to 7 p.m. to serve residents as a warming smelter. Residents in need of assistance during regular business hours should call Human Services at 425-430-6650. After 5 p.m. call 425-430-7500. AUDIENCE COMMENT William Taylor (King County) expressed opposition to the dismissal of the Red Citizen Comment: Taylor - Mill Annexation proposal. He opined that the Fairwood incorporation effort is Greater Fairwood Community not financially feasible with or without the Red Mill area. Mr. Taylor also Proposed Election commented that King County spends 70% of its budget on the judicial system and only 10% on urban areas. He remarked that the City of Renton has the infrastructure and ability to provide services to Fairwood residents. Discussion ensued regarding King County's likelihood of supporting the Red Mill annexation, the City's inability to take advantage of the State sales tax credit if the Red Mill area was annexed singularly, the importance of the tax credit for providing services in the area, and the 180 -day signature validity period. CONSENT AGENDA Items listed on the consent agenda are adopted by one motion which follows the listing. At the request of Councilmember Taylor, Item 6.c. was removed for separate consideration. Council Meeting Minutes of Approval of Council meeting minutes of 11/23/2009. Council concur. 11/23/2009 Appointment: Airport Advisory Mayor Law appointed Robert Brahm to the Airport Advisory Committee, Committee Airport -at -Large primary position, for a term expiring on 5/7/2012 (position previously held by Greg Garner); and Ulf Goranson, Airport -at -Large alternate position, for a term expiring on 5/7/2012 (position previously held by Mike Rogan). Refer to Community Services Committee. City Clerk: eCityGov Alliance City Clerk recommended adoption of a resolution to establish the Small Works Small Works Roster & Roster and Limited Public Works processes, and authorize the use of the Processes eCityGov Alliance rosters for City purchases and contracting. Refer to Finance Committee. CAG: 09-187, Sidewalk City Clerk reported bid opening on 11/30/2009 for CAG -09-187, Sidewalk Rehabilitation & Replacement, Rehabilitation & Replacement Project; 25 bids; engineer's estimate Archer Construction $452,818.95; and submitted staff recommendation to award the contract to the low bidder, Archer Construction, Inc., in the amount of $288,581.23. Council concur. APPROVED BY CITY COUNCIL PLANNING & DEVELOPMENT COMMITTEE COMMITTEE REPORT December 7, 2009 In re Appeal of HAWKS LANDING by Brad Nicholson and South End Gives Back LUA 09-060, ECF, SA -M, SA -H (Referred November 16, 2009) The Planning and Development Committee ("Committee") heard this appeal on December 3, 2009. Pursuant to RMC 4-8-110F, the Committee's decision and recommendation is limited to the record, which consists of, but is not limited to, the Hearing Examiner's Report, the Notice of Appeal and the submissions and presentations made by the respective parties. BACKGROUND The subject site is located at 4350 Lake Washington Boulevard N. in Renton, WA, and is approximately 7.8 acres in size. The site is surrounded to the north and east by existing Washington State Department of Transportation right-of-way for 1-405, and to the south by an underdeveloped parcel that contains May Creek (a Class 1 water body) with at least two associated wetlands (category 2). Alpert International LLP ("Applicant") seeks to develop 3.07 acres on the northerly portion of the subject site with "Hawks Landing" hotel, a 5 story, hotel that would include retail, fitness center, spa and a restaurant. PROCEDURAL HISTORY Applicant submitted a request for SEPA review and Master Site Plan/Site Plan review for the proposed Hawks Landing hotel. The Environmental Review Committee issued a DNS -M with ten (10) mitigation conditions. Brad Nicholson, and South End Gives Back ("Appellant") timely appealed the SEPA determination. On August 25, 2009, a public hearing was held before the Hearing Examiner on the SEPA appeal and the Master Site Plan/Site Plan. Appellant appeared and presented at both portions of the hearing. The Hearing Examiner affirmed the SEPA determination and approved the Master Site Plan and Site Plan subject to ten (10) conditions. Both Applicant and Appellant then filed respective motions for reconsideration. Appellant also submitted a request to include new evidence, to wit, the "Second Declaration of Joel Massman" their expert witness. Applicant filed a Motion to Strike this declaration. On October 19, 2009, the Hearing Examiner issued the reconsideration affirming his original decision with a small modification to condition 10 of the Master Site Plan/Site Plan ruling, as it pertains to street trees and landscaping on the remainder of the project site. He also granted the Motion to Strike, denying Appellant's request to have the Second Declaration included into the record. Both parties timely appealed both the SEPA and the Master Site Plan/Site Plan ruling to the City Council. Hawks Landing Appeal December *, 2009 Page 2 RECOMMENDATION DECISION: Having considered the comments made by the respective parties, and having reviewed the submissions, files and evidence in this matter, the Committee recommends that the Hearing Examiner's ruling to grant the Motion to Strike be affirmed, and that the Hearing Examiner's decision regarding the SEPA appeal be affirmed. The Committee further recommends that the Council finds that the Hearing Examiner made a substantial error of law in that the Hearing Examiner erroneously required "best available science" as a standard for stormwater treatment. Accordingly, the Committee recommends that the following modifications be made to the September 10, 2009 Report and Decision, but otherwise affirm the approval of the Master Site Plan/Site Plan and conditions. Conclusion 5: .... Those waters should be handled with respect and appropriately treated by whatever water retention, detention, or "rain garden" feature is used. The applicant must comply with the City of Renton's standards regarding stormwater (the 2005 King County Surface Water Design Manual). The applieam Conclusion 6: ....The Master Plan process does include 'master planning' for the entire subject site. While the applicant is trying to confine its footprint, the spare nature of the remaining site will detract from what appears to be a quality image. The Master Plan cannot escape that there is a much larger site that suffers from old, deteriorating buildings that will reflect on the current proposal. This office believes that the applicant and staff can work on a plan that accommodates additional landscaping, even temporary landscaping in planter boxes with some larger trees to screen or breakup the view of the background unsightly portions of the site east and west of the parking areas. Additienall, trees alengtha remaining Lake -Washingtej-RauIevard-fi;ekage at the same Fate and species as 99R *-he R9Fth fFentage-. Decision Condition 9: The applicant shall comply with the 2005 King County Surface Water Design Manual use best available in treating stormwater before conveying it to the roadside ditch. meaRs iReladingwater retentien, deteatiee-ter "Fain gaFdeA" feaWiFe iR IBFdeF tv 9-4R tho 54P_'s_PaVed OF treated lands. . - -. Hawks Landing Appeal December *.2009 Page 3 Decision Condition 10: The applicant and staff shall worts on a plan that accommodates additional landscaping within the boundaries of the current site plan application, even temporary landscaping in planter boxes with some larger trees to screen or breakup the view of the background unsightly portions of the site east and west of the parking areas. n dditi nail .:n the o Rt that th—P City does net .,k_M4 KING PARKER, Chair -Not in Attendance - TERRI BRIERE Vice Chair F RICH ZWICKER, Me r cc: Alex Pietsch Chip Vincent Jennifer Henning Vanessa Dolbee Fred Kaufman Appellant Brad Nicholson/SEGB (via Attorney Keith Scully) Applicant Alpert International LLC (via Attorney Jack McCollough) Ann Nielsen Cynthia Moya From: Vanessa Dolbee Sent: Tuesday, November 17, 2009 2:00 PM To: Cynthia Moya Subject: Hawks Landing Appeal Party of Record Cindy, A gentlemen by the name of Larry Reymonn would like to be a party of Record for the Hawks Landing Appeal. Could we please add him to the list. Additionally, has any publications and/or notification been sent out for the Hearing? Mr. Reymonn would like to attend the hearing, and I would like to make sure he is informed. Party of Record information: Larry Reymonn 1313 N 38th 5t. Renton, WA 98056 (425)228-8511 Fulmen8C@hotmail.com Thank you, Vanessa Dolbee x7314 November 16, 2009 CONSENT AGENDA Council Meeting Minutes of 11/9/2009 Renton City Council Minutes Page 347 City View Church, and is also on City rights-of-way. She remarked that 58 people participated in the project for a total of 64 working days. Ms. Green also stated that over 745 volunteer hours were provided, and 450 native draught tolerant plants were planted in the area. Councilmember Taylor remarked that this project epitomizes the intent of the Neighborhood Grant Program and expressed appreciation for Ms. Green's hard work coordinating the project. Items listed on the consent agenda are adopted by one motion which follows the listing. Approval of Council meeting minutes of 11/9/2009. Council concur. Appeal: Hawk's Landing Mixed City Clerk reported appeal of Hearing Examiner's decision regarding Hawk's Use, Alpert International & Landing Mixed Use Environmental and Site Plan application (SA -09-060); two Nicholson, SA -09-060 appeals filed - one by Alpert International, Seattle; and the other by Brad Nicholson, South End Gives Back (SEGB), Renton; both accompanied by required fee. Refer to Planning and Development Committee. CED: Energy Efficiency Block Community and Economic Development Department requested authorization Grant Funds, US Department to accept $617,500 in Energy Efficiency and Conservation Block Grant funds of Energy from the U.S. Department of Energy to complete various energy efficiency projects. Council concur. Legislature: 2010 Council Community and Economic Development Department recommended approval Agenda & Statement of Policy of the 2010 State Legislative Agenda and Statement of Policy Positions, which Positions serve as guidance for City staff during the State legislative session. Refer to Committee of the Whole. Planning: Sunset Area Community and Economic Development Department recommended approval Community Investment of the Sunset Area Community Investment Strategy and to implement its Strategy recommendations as resources become available. Refer to Committee of the Whole. Community Services: 2009 Community Services Department recommended approval of a contract in the Holiday Lights, Integrated amount of $64,682.75 with Integrated Facilities Management for the 2009 Facilities Management Holiday Lights program. Council concur. Finance: Electronic Fund Finance and Information Services Department recommended an update to Signatory Authority Update Resolution #3945 regarding Electronic Fund Transfers signatory authority to avoid workflow interruptions due to staffing reductions. Refer to Finance Committee MOVED BY CORMAN, SECONDED BY PALMER, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS Council President Corman presented a reported recommending concurrence in Committee of the Whole the following 2010 Budget recommendations: Budget: 2010 Annual City of Property Tax Levy: A revised preliminary property tax worksheet provided by Renton King County has estimated property taxes of $31,800,000, based on $31,090,000 of 2009 base levy with 0% increase, plus $360,000 in new construction levy, $260,000 in annexation levy, and $90,000 in re -levying of prior year funds. a S OTY OF RENTON COUNCIL AGENDA BI Al Jt: r Submitting Data: For Agenda of: 11/16/2009 Dept/Div/Board.... AJLS/City Clerk Agenda Status Staff Contact........ Bonnie I. Walton Consent .............. X Public Hearing.. Subject: Appeals (2) of Hearing Examiner's decision dated Correspondence.. 9/10/2009 regarding Hawk's Landing Mixed Use Ordinance ............. Environmental & Site Plan Review application. (File No. Resolution............ LUA-09-060, ECF, SA -M, SA -H) Old Business........ New Business....... Exhibits: A. City Clerk's notification letter (11/6/2009) Study Sessions...... B. Appeal filed by: Information......... 1) Alpert International (9/24/2009) with added submission (11/2/2009) 2) Brad Nicholson (9/24/2009) with added submissions (11/2/2009 & 11/4/2009) C. Requests (2) for Reconsideration (9/24/2009) and responses(10/19/2009) D. Hearing Examiner's Report & Decision (9/10/2009) Recommended Action: Approvals: Refer to Planning and Development Committee. Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: N/A Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Two appeals of the Hearing Examiner's decision on the Hawk's Landing Mixed Use environmental & site plan review application were filed on September 24, 2009: 1) Alpert International, represented by McCullough Hill, P.S.; and 2) Brad Nicholson, Sound End Gives Back, represented by Keith Scully, Gendler & Mann, LLP. each accompanied by the required $75 fee. STAFF RECOMMENDATION: Council to take action on the Hawk's Landing Mixed Use application appeal. cc: Jennifer Henning Larry Warren - l DenisLaw �+ Mayor city o.irl r, (Ir. �t i C:� C: Ll City Clerk-BonnieI.Walton November 6, 2009 APPEAL FILED BY: 1) . Alpert International, represented by John McCullough & Jessica Clawson, . (McCullough Hill, P:5.; and 2) Brad Nicholson, South End. Gives. Back, represented by Kelth Scully, Gendler & Mann; LLP..: _ RE: Appeal of Hearing Examiner's decision dated 9/10/20Q9 regarding the Hawk's Landing Mixed -Use Environmental & Site Plan Review application;4350-Lake Washington Blvd N. (File No.-LUA-09-060, ECF, SA -M, SA -H) To Parties of Record: Pursuant to Title IV, .Chapter S, Renton City Code of Ordinances, written appeal of the hearing examiner's decision on'the Hawk's Landing Mixed Use Environmental & Site Plan Review. ' application has been filed with the City Clerk. ; In accordance with Renton Municipal Code Section 4-5-110F, 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 within ten (10) days of the date of mailing of the notification of the filing of the appeal. The deadline for submission of additional letters is 5:00 pm, Monday; November 16, 2009.. NOTICE 15 HEREBY GIVEN that the written appeal and other pertinent documents will be reviewed by the Council's Planning and Development Committee at 2:00 p.m. on -Thursday, December 3, 2009, in. the.Council Chambers, 7thFloor of Renton City Hall, 1055 South Grady Way, Renton, INA, .98057.. The recommendation of the Committee will be presented. for consideration by thefull Council at a subsequent Council meeting. - Attached are copies of both appeals and a copy ofthe Renton Municipal -Cade regarding. appeals -of Hearing Examiner decisions or recommendations. Please note thiat the City.Council will be considering the merits of the appeal .based upon the written record previous] y• . established. Unless a showing can be made.that additional evidence could not.reasonably have been available at the prior hearingheld, 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 feel free to call me at 425-430-6502-. Sincerely, ; Bonnie I..Walton City Clerk . Attachments cc: Council Liaison 1055 South Grady Way • Renton, Washington 98057 • (425)-43D-6510 Fax (425) 430-6516 • rentonwa.gov CITY OF RENTON APPEAL TO RENTON CITY COUNCIL SSP 2 4 X009 OF HEARING EXAMINER'S DECISION/RECOMIIENDATION RECEIVED CITY CLERK'S OFFICE APPLICATION NAME '-L/ �- 1 FILE NO. LV The undersigned interested party hereby files its Notice of Appeal from the decision or recommendation of the Land Use Hearing Examiner, dated 20. 1, IDENTIFICATION OF PARTY APPELLANT: Narne:.Fr-d NiCAVAiLl 60AG45 Address: 2.30 t o���� �' Bac 05Z�G8) o Q Phone Number: (4a�-52445- 0625 Email: br G ,?o77K;)hd f Y77 REPRESENTATIVE (IF ANY): Name: -Le '-% sCYll Address: _ Gni 1 ! "i4h - y �* m. .1 d 6- e FloI Phone Number. 06 6,7( 8gf Email: ke r rrnann. (an - 2. SPECIFICATION OF ERRORS (Attach additional sheets, if necessary) Set forth below are the specific errors or law or fact upon which this appeal is based: Findine of Fact: (Please designate number as denoted in the Examiner's Report) No. Error: see A Correction: Conclusions: No. Error: Z5er,Ci Correction: Other: No. Error: Correction: 3. SUMMARY OF ACTION UESTED The City Council is requested to grant the following relief: (Attach explanation, if desired) Reverse the decision or recommendation and grant the following relief: j t -L e d Modify the decision or recommendation as follows: Remand to the Examiner for further consideration as follows: Other: r Appellant/Representative Signature ype/Printed Name D NOTE: Please refer to Tide N, Chapter 8, of the Renton Municipal Code, and Section 9-8-110F, for specific, -appeal procedures. STATEMENT OF ERRORS AND REQUEST FOR RELIEF SEPA Appeal Findings 15, p. 16. Error of fact in finding that stormwater will not exacerbate leaching of contaminants. Error of fact in finding that probable significant adverse environmental impacts were not present. Conclusions �M 6-8, pp. 17-18. Errors of law in finding that the Appellant did not provide a basis to reverse- the eversethe City's determination, and in finding that the Appellant must prove that environmental harm will be "exacerbated" by the project. Errors of fact by finding that water would not percolate into the underlying soils and exacerbate pollutants. Error of law in not reversing the determination of the ERC for a Determination of Significance, or additional mitigation. Master Site Plan Findings 1 27, p. 21. Error of fact in finding that the stormwater will not be exacerbating any issues with pollutants. Decision Error of law in not requiring a stormwater plan and habitat management plan prior to approval of the Master Site Plan and Site Plan. ¶ 10, P. 25. Error of law and judgment in requiring that the applicant use a particular roadside ditch to convey stormwater, rather than requiring other stormwater control measures. Remedy Reverse the SEPA determination of the Hearing Examiner with directions to the ERC to issue a Determination of Significance. Reverse the approval of the Master Site Plan and Site Plan with directions to require a stonnwater plan and habitat management plan utilizing BAS to treat stormwater on site. NOV-04-2009 04:24PM FROM- 206-621-0512 ("XENDLER & MANN, LLP ATToRNrE'rs-AT-Iaw Michael W. Gendler- Dsvid S. Ms►nn 1424 FOURTH AVENUE, Su]T!? 1015 Kei[h P. Scully S�+TrLE WA 98101 Brendan W. Douckus `Also 4mncW in drei m November 4, 2009 'SIA FACSIMILE AND U.S. MAIL Clerk City of Renron 1055 South Grady Way, 7°i Floor Renton, WA 98057 T -80B P.0011009 F-762 RE: Amended Notice of Appeal in Hawk's Landing Hotel application, No. LUA-09-060, ECF SA -M, SA -H Dear Members of Council: 11,;!77� OF NLrNp 041, Nit c 4. % 0 0 (206) 621-6665 Fax (206) 621_05i2 Yekh6gendler=nn.00m WWW .BCnd]CrM%nn.0 nM This case involved voluminous briefing. We ask that you review all of the briefing provided to date, but also provide this letter to summarize and guide you through it as you consider whether to grant our appeal, and deny the Applicants' appeal. This site has unique challenges. Uncontrovened evidence shows that the horel proposed here is upslope from the Port Quendall Superfund site. Pon Quendall is contaminated with extremely toxic substances, and the Deparanent of Ecology and EPA have information that these toxicsubstances move via groundwater flow to Lake Washington. For more informurion, see Appellant Nicholson Hearing Brief, filed with the Hearing Examiner on July 31, 2009, and the attached Declaration of Joel Massman. Groundwater flow must be controlled, or infiltration will make the toxins Mowing from Port QuendaU to Lake Washington worse. An EIS should be ordered. Uncontroverted evidence in the record shoves that groundwater flow transmits toxins from the contaminated soil at Porn Quendall into Lake Washington. And water that infiltrates the ground from the site flows downslope to Port Quendall. Although the Applicant argues that it will channel stormwater to May Creels through its as -yet incomplete stormwaier r3nanagetnent plan, and not infiltrate the ground with it, evidence uncovered after the hearing indicates That the drainage ditch relied upon by the Applicant actually will infiltrate the ground, leading to NOV-04-N09 04:24PM FROM - 206 -621-0512 T -EN P.002/003 F-762 fil Clerk November 4, 2009 Page 2 increased groundwater and toxin flow to Lake Washington. An Environmental Impact Study should be performed to evaluate how much water is infiltrating the ground through the ditch, how much of an impact it has on Lake Washington, and what the best means of dealing with the impacts may be. SEGB asserts that this problem can be resolved simply by changing the direction of stormwater flow on the site to move it away from Port Quendall, and through the installation of a swrmwater detention pond on the May Creek side of the site. An EIS will answer critical environmental questions about this project and the adjacent superfund site. For more information, see Appellant Nicholson Motion for Reconsideration and Declaration of expert Joel Massman, filed with the Dearing Examiner on September 24, 2009. We need a storm'water mmagement plan before the site is approved to know if stormwater will be adequately managed. A stormwater management plan is required in order to complete the conditions of the approval on this project - but we don't know what will be in it, or what the Applicant will propose as their final solution to the stormwater problems on site. The public does not have an opportunity to comment on the stormwater plan when it is eventually completed, and there is no mechanism for the Bearing Examiner or the Council to review it. The Hearing Examiner and Council have broad authority to impose conditions on a development proposal. While most development sites can safely wait to complete their stormwater plan after approvals have been received, this site is unique. We should know in advance how the Applicant will handle stormwater, and the public should be allowed to comment. For more information see Appellant Nicholson Hearing Brief, filed with the Hearing Examiner on July 31, 2009, and the attached Declaration of Joel Massman. The Examiner reasonably imposed the condition of Best Available Science on stormwater management at the site. The Examiner has been granted authority by the Menton Code 'to impose conditions on developments. In this case, the Examiner, understanding the unique nature of this site and the challenges to the long-term health of the region, imposed a requirement of Best Available Science on stormwater raanagemenr on the site. Best Available Science is a commonly -used standard in Washington law to protect critical areas, and means what it says: that the Applicant does not need to create any new methods, but must choose the best scientifically -valid method available to manage stormwater. See RCW 36.70A. 172. The Applicant asks you to impose a "Best Management Practice" requirement instead of the Examiner's Best Available Science requirement. But "Best Management Practices" are defined by the Renton Municipal Code as measures pertaining to wetlands protection or short-term construction methods, not long-term stormwater solutions. RMC 4-11-020• The Examiner's discretion should be left undisturbed on this issue. For more information, see Appellant Brad NOV-04-2009 04:25PM FROM- . Clerk November 4, 2009 Page 3 206-621-D512 T-808 P.003I003 F -T62 Nicholson Response to Renton & Hawks Landing Requests for Reconsideradon., filed on October 5, 2009 with the Hearing Examiner. For the reasons summarized here and presented more fully in our beefing to the Examiner, we urge you to grant our appeal, and deny the Applicants' appeal. Very [rely yours, GrENDLER & MANN, LLP C Keith P. Scully KPS:d.en cc: Ann Nielsen, City of Renton Jessica Clawson, Attorney for Applicant Client NOV-02-2009 11:58AM FROM- 20E-621-0512 GENDLER & MANN, LLP A't ORNEY-r-wT-Law N ichnel W. Gendler- 1424 FOURTH AVENUE, SUITE 1015 David S. Mann SETTLE WA 95161 Kri[h P. Scully Brendan W. Donckers -Also adm+nca in Oreton November 2, 2009 VIA FACSIMILE AND U.S. MAIL Cleric Ciry, of Renton 1055 South Grady Way, 7`h Floor Renio.n, WA 98057 7-805 P 001/004 F-759 CITY OF RENTON NOV 0 2 2009 RECEIVED CITY CLERK'S OFFICE (206) 621-SR6e Fax 1206) 621.0512 �ci geadlermxnn.com w ww.gWlernlann.corn RL: Amended Notice of Appeal in Hawk's Landing Horcl application. No. LUA-09-060, ECF SA -M, SA -H Dear Clerk: Attached please fund an amended notice of appeal in this matter. We filed a notice of appeal on Sepiember 24, 2009, asking for review of The Hearing Examiner's September 10, 2009 report and decision. This amended notice asks for review of rhe Hearing Examiner's October 19, 2009 denial of the motion for reconsideration, as well as the September 10, 2009 report and decision. Very truly yours, GENDLER & MANN, LLP Keith P. Scully Enclosure cc: Ann Nielsen, City of Renton Jessica Clawson, Attorney for Applicam Client NOV-02`--2009 11:56AM FROM - 206 -621-0512 7-E65 P 00 AU 'r-759 CITY OF RENTON /I Mr- L7� d NOV Q 2 2009 APPEAL TO MENTON CITY COL3NCTL Off' HEARING EXAMINER'S DECISIONIRECOM11�h'�ATION RECEIVED CITY CLERK'S OFFICE �� U FILE NO. vet 0o --a 60 APPLICATION NAME 1S hezby files its Notice of Appeal from the decision or recommendation of the The undersigned interested PAX+` Land Use Hearing Examiner, dated � CJ �� 2oC.�. r" I d l ID CATION OF l' Kl y S &nom 10� �p�j S� APPELLANT: c'A m Name. y Address: Phone Number: Email: REPP,Es ATrc� (� Gul Name: _�'�� Address: Cif Phare Number Z �� 2. OF ERRORS (ArEach additional sheets, if necessary) Sex forth below arc the specif c errorS or law or fact upon which this appeal is based: I ndin of Fact: (Please designate number as denoted in the Exan iner's Repon) No. Error. Cornet tion: Conclusions' No. Error: Cormc don: C O.Other- No.their: k !� No. Exror: Correction: 3. SUMMARY OF ACTION RE UESTED The City Council is requested to grant the following relief: (Attach explanation, if desired) Reverse the decision or recommendation and grant the following relief: SCS f -Gt e d Modify the decision or =om=ndation as follows: Remand to rhe Examiner for further consideration as follows: Other: Da e*ppcRarWRepresentative Signal b-7 Type/Printed Name NOTE: please refer io Tiilc N, Chapw S, of rhe ZonWnicipal Cade, and Section 4-8-110F, for specific. appeal proccdsucs. NOV-02-2009 11:58AM FROM- Z06-621-0512 T-605 P.ON/004 F-759 AMENDED 'STATEMENT OF ERRORS AND REQUEST FOR RELIEF Motion for Reconsideration Conclusions Page 1, denial of motion to admit new evidence and reconsider ruling. SEPA Appeal Find�in�s 15, p. 16. Eiror of fact in finding that stormwater will not exacerbate leaching of contanninants. Error of fact in finding that probable significant adverse environmental impacts were not present. Conclusions �11 6-8, pp. 17-18. Errors of law in finding that the Appellant did not provide a basis to reverse the City's determination, and in finding that the Appellant must prove that environnlentaI harm will be "exacerbated" by the project. Errors of fact by finding that water would not percolate into the underlying soils and exacerbate pollutants. Error of law in not reversing the determination of the ERC for a Determination of Significance, or additional mitigation. Master Site Plan Fundings 27, p. 21. Error of fact in finding that the stormwater will not be exacerbating any issues with pollurants. Decision Error of law in not requiring a stormwater plan and habitat management plan prior to approval of the Master Site Plan and Site Plan. 110, p: 25. Error of law and judgment in requiring that the applicant use a particular roadside ditch to convey stormwater, rather than requiring other stormwater control measures. NOV-02-20D9 11:N AW FROM- , Remedv 205-621-0512 7-605 P 0WN4 F-752 Reverse the SEPA determination of the Hearing Examiner with directions to the ERC to issue a Determination of Significance. Reverse the approval of the Master Site Plan and Site Plan with directions to require a stormwater plan and habitat management plan utilizing BAS to treat stormwater on site. APPEAL TO RENTON CITY COUNCIL OF HEARING EXAMINER'S DECISION/RECOMMENDATION p lc} 0�—d�2 6 bt 1 II li G APPLICATION NAME V1/ i FILE No. s r The undersigned interested party hereby files its Nati of Appeal from the decision or recd n59NRW the Land Use Hearing Examiner, dated S E P 2 4 Zoog 1. IDENTIFICATION OF PARTY RECEIVED CITY CLERK'S OFFICE APPELLANT: REPRESENTATIVE (IF ANY): Name: d IrYlGt. d /IAA Name: Address: Z, l t L� ff h-r� A)O Address: Phone Number: Phone Number: Email: Email: 2. SPECIFICATION OF ERRORS (Attach additional sheets, if necessary) Set forth below are the specific errors or law or fact upon which this appeal is based: Finding of Fact: (Please designate number as denoted in the Examiner's Report) No. Error: P �� L{ GC`U �u -(C � iC. z4a-—h `A �� p t.-�- _�.rm � &0_i'� +. Correction: LL)/' QA �'�I'L le i Conclusions No. Error: Correction: Other: No.. Error: Correction: 3. SUMMARY OF ACTION REQUESTED The City Council is requested to grant the following relief: (Attach explanation, if desired) Reverse the decision or recommendation and grant the following relief: U -g4 7` - Modify the decision or recommendation as follows: p)� � s� Remand to the Examiner for further consideration as follows: Other: App ep s tative Signature Type/Printed Name Da n NOTE: Please refer to Title N, Chapter B, of the Renton Municipal Code, and Section 4-8-110P, for specific;.appeai procedures, 2065123389 Line 1 McCullough Hill, p 03:06:52 p.m. 11-02-2009 216 � u�t�r rc�iy s JiV MCCULLOUGH HILL, Ps NOV (s 2 2.60) November 2, 2009 Renton City Clerk Renton City Hall 1055 South Grady Way Renton, WA 98057 RE: Applicant's amended appeal to City Council LUA-09-060, ECF, SA -M, SA -H Hawk's Landing Hotel Dear City Clerk: We filed an appeal regarding this matter on September 24, 2009, asking for review of the Hearing Examiner's September 10, 2009 decision. This letter amends out previous appeal to respectfully request that the City Council review the Hearing Examiner's decision, and the Heating Examiner's decision regarding the applicant's request for reconsideration. RMC 4-8-100,F.7 allows the City Council to modify a decision of the Examiner if it determines that a substantial error in fact or law exists in the record. Here, the Heating Examiner's conclusions and conditions regarding landscaping and stormwater were a result of a substantial errors in fact and/or law. The Headng Examinees conclusions and conditions rMarding landscaping were a result of a substantial error of law and fact, The applicant appeals the following portions of Conclusion 6 and Condition 10; Conclusion 6: "The Master Plan process does include `master planning' for the entire subject site. While the applicant is trying to confine its footprint, the spare nature of the remaining site will detract from what appears to be a quality image. Therefore, the remaining acreage should be incorporated at least minimally. The Master Plan cannot escape that there is a much larger site that suffers from old, deteriorating buildings that will reflect on the current proposal. This office believes that the applicant and staff can work on a plan that accommodates additional landscaping, even temporary landscaping in planter boxes with some larger trees to screen or breakup the view of the background unsightly portions of the site east and west of the parking areas. Additionally, the applicant should plant additional street trees along the remaining Lake Washington Boulevard frontage at the same ratio and species m on the north frontage." Condition 10: "The applicant and staff shall work on a pian that accommodates additional landscaping, even tetnpotary landscaping in planter boxes with some larger trees to screen or 701 Fifth Avenue - Suite 7220 • Seattle, Washington 98104 • 206.812.3388 • Fax 206.812.3389 • wwwmhseattle.com 208$123389 Lure 1 McCullough Hill. p 03:07:40 p.m. 11-02-2009 316 Page 2of5 breakup the view of the background unsightly portions of the site east and west of the parking areas. Additionally, in the event that the City does not plant street trees along the remaining Lake Washington Boulevard frontage then the applicant shall plant such trees at the same ratio and species as is planted along the north frontage." The applicant appeals this conclusion and this condition because: • The applicant is already significantly improving the site by redeveloping it and landscaping it. See Conclusion 12: "Redevelopment of the site will counter the neighborhood deterioration and blight that the current site represents." The property to which this condition applies lies outside the boundaries of the subject master site plan and site plan application, and the applicant has proposed no development on this section of the site. Therefore, it is an error of law to impose this condition --this condition is not within the scope of the application and may not properly be imposed under this application. When the applicant proposes development in this portion of the site as part of a site plan and master site plan approval for the remainder of the larger property, street trees would be required by code. In addition, .requiring street trees along Lake Washington Boulevard when there is no plan for redevelopment may interfere with the future redevelopment of this portion of the site— trees may need to be removed or telocated in order to accommodate the future development (construction access, sidewalks, driveways, etc.). The applicant therefore requests the City Council to revise portions of Conclusion 6 and Condition 10 to read as follows: Conclusion 6: "The Master Plan process does include `master planning' for the entire subject site. While the applicant is trying to confine its footprint, the spare nature of the remaining site will detract from what appears to be a duality image. 4hetefere, The Master Plan cannot escape that there is a much larger site that suffers from old, deteriorating buildings that will reflect on the current proposaL This office believes that the applicant and staff can work on a plan that accommodates additional landscaping within the boundaries of the current site plan application, even temporary landscaping in planter boxes with some larger trees to screen or breakup the view of the background unsightly portions of the site east and west of the parking areas. Additiafts4r,'r— -street trees aleag the Future redevelopment of the southern portion of the site not proposed for devel pment wit i this application will r quire consistency with QL. of Renton landscaping zwgiretnmts including_the n Qf street tree Condition 10: "The applicant and staff shall work on a plan that accommodates additional landscaping within the boundaries of the current site plan application, even temporary landscaping in planter boxes with some larger trees to screen or breakup the view of the background unsightly portions of the site east and west of the parking areas.A446eftallyii 2068123389 Line 1 McCullough Hill, p Page 3 of 5 03.08:46 P.M. 11-02-2009 4/6 The Hearing Ex er's conclusions and conditions regAtding stormwater were a result of a sub tanti error f law and fact. The applicant appeals the following portions of Conclusion 5 and Condition 9: Conclusion 5; `alose waters should be handled with respect and appropriately treated by whatever water retention, detention, or "rain garden" feature is used. The applicant should use best available science in treating stormwater before conveying it to the roadside ditch. There is no reason to jeopardize May creek and/or Lake Washington with pollutants created or collected on this sae's paved or treated landscaping areas: ' Condition 9: The applicant shall use best available science in treating stormwater before conveying it to the roadside ditch. The stormwater shall be treated by whatever means ,including water retention, detention, or "rain garden" feature in order to reduce pollution entering the ditch and then May Creek. The development shall not jeopardize May Creek and/or Lake Washington with pollutants created or collected on this site's paved or treated landscaping areas." The applicant appeals this conclusion and condition because: • The City of Renton has not adopted "best available science" as a standard for stormwater treatment. The Hearing Examiner is therefore without junsdiction to impose such a standard. The City of Renton has adopted the 2005 King County Surface Water Design Manual as its accepted method for treatment of stormwater, which includes the use of "best management practices (BMPs)". The applicant will comply with these standards, including the use of best management practices in its stormwater system design. The City of Renton has determined, through adoption of this manual, that compliance with the manual is sufficient to properly.treat and convey stormwater. Thus, compliance with these adopted standards will ensure that "development shall not jeopardize May Creek and/or Lake Washington with pollutants created or collected on this site's paved or treated landscaping areas. • The factual record, including the Hearing Examinees own findings of fact, does not support this conclusion or condition. There was no evidence submitted into the record for the Site Plan/Master Plan hearing showing that the applicant's stormwater pian, or its plan to comply with the 2005 King County Surface Water Design Manual, would result in harm to May Creek or Lake Washington (see hearing record page 12 ---no evidence was submitted into this application's record by Mr. Scully showing any stormwater impacts warranting the use of best available science). The Hearing Examiner found that "The proposal will not be exacerbating any issues with pollutants from the Quendall Terminals site discharging into Lake Washington. The applicant will be governed by City, State, and Federal regulations regarding discharge from the subject site." (Site Plan approval, Finding 27). In addition, the Hearing Examiner concluded as part of the SEPA appeal that the stormwater "will not travel 20681 23389 Line 1 McCullough Hill. p 03:09:50 p.m. 11-02-2009 516 Page 4 of 5 the downhill gradient toward and to Lake Washington. It will not exacerbate pollutants leaching from the contaminated soils into the lake." (SEPA Appeal, conclusion G). As such, the facts of the case do not support conclusion 5 or condition 9. • The conclusion and condition are vague and may be implied to establish a new, non - regulatory standard for stormwater discharge quality (i.e., that the "development shall not Jeopardize May Creek and/or Lake Washington with pollutants created or collected on this site's paved or treated landscaping areas" j.. No impacts are shown to warrant such a new standard, and the Hearing Examiner does not have authority to create or impose such a standard in the absence of such impacts. The lam presumes that compliance with the City's applicable stormwater regulations will adequately address issues of stormwater quality, so this regulatory standard should suffice. We assume that it was not the Hearing Examiner's intention to establish a new standard for water quality separate and apart from the City's stormwater regulations, so we are appealing this issue. • The Hearing Examiner responded to the applicant's request for reconsideration regarding stortrnwater by essentially arguing that both May Creek and Lake Washington axe critical areas, so "best available science" should be used as a standard in this permit decision. The Examiner then cited RCW 36.70A.172, the definition of best available science under the Growth Management Act, as the standard that should be used in this permit decision. The Examiner's reasoning regarding this matter is a substantial error of law. RCW 36.70A-172 requites jurisdictions to use best available science in developing comprehensive pian policies and development regulations to protect critical areas. The permit decision in this case does neither—instead, the Exatr finer is required to apply the existing policies and development regulations that already been adopted by the City of Renton to this permit application. The Examiner does not have the jurisdiction.to create new regulations, and has limited jurisdiction to "review and implement land use regulations" in the City of Renton. See RMC 3-1-5. 1bus, the Examiner's introduction of a new standard, not adopted by the City Council and outside of the City's already -adopted policies and regulations, is a substantial error of law that must be remedied. The applicant therefore requests that the following portions of Conclusion 5 and Condition 9 should be revised to read: Conclusion 5: "Those waters should be handled with respect and appropriately treated by whatever water retention, detention, or "rain garden" feature is used. The applies cg=ly with the.CiAy of Rent 's standards re din s rtnwater the 2005 King County Surface Water Design Manual There is no evidence in the record that would suMst Ma Creek or Lake Washinto w uld be ' eo ardized as a result of the a ]kation. -The Condition 9: "The applicant shall comply with King County Surface Water Design Manual in treating stormwater before conveying it to the roadside ditch. 20681 23389 Line 1 McGukough Hill. p Page 5 of 5 03110 59 p.m 11-02-2009 616 We appreciate the opporftunity to provide this appeal to the City Council. Please do not hesitate to contact us with any questions or requests for additional information. Sincerely, y Jessi M. Clawson C�y-- cc: Ann Nielsen, Renton City Attorney Keith Scully, Attorney for Brad Nicholson ..... M T T.M Mimi We appreciate the opporftunity to provide this appeal to the City Council. Please do not hesitate to contact us with any questions or requests for additional information. Sincerely, y Jessi M. Clawson C�y-- cc: Ann Nielsen, Renton City Attorney Keith Scully, Attorney for Brad Nicholson �Y + ' + Denis Law, Mayor N October 19, 2004 Keith P. Scully Gendler & Mann, LLP 1424 Fourth Avenue, Ste Seattle, WA 98101 1015 Jack McCullough Jessica M. Clawson McCullough Hill, PS 701 Fifth Avenue, Ste. 7220 Seattle; WA 98104 Spencer Alpert Alpert International, LLP 10218 Richwood Ave NW Seattle, WA 98177 CITY � : RENTON South End Gives Back Brad Nicholson c/o Keith Scully 1424 Fourth Avenue, Ste. 1015 Gendler & Man, LLP Seattle, WA 98101 Ann Nielsen Assistant City Attorney City of Renton Re: Hawk's Landing Request for Reconsideration Dear Attorneys, Applicant and Appellant: Hearing Examiner Fred J. Kaufman This office has received two Requests for Reconsideration on the Hawk's Landing Master Site Pian, Site Plan and Environmental Appeal decisions. The original appellants, South End Gives Back (SEGB) and Brad Nicholson and the underlying applicant for the Hawk's Landing Hotel have each sought changes to the original decision. The original appellants have suggested that this office consider new information about the manner in which stormwater is managed by the .applicant. In the original appeal, the appellants maintained that the "rain garden" used to collect stormwater would permit infiltration into the ground and that groundwater would flow toward the Quendall Superfund site. The appellants argued ground flow would potentially leach additional contaminants into Lake Washington. The record reflected and continues to reflect that the rain garden would actually convey stormwater through a closed system to a ditch running along the west side of the property. The main thrust of their current request is that stormwater will be conveyed to the ditch and that ditch permits infiltration into the groundwater. They argue that the plans to use the ditch and that the ditch's conditions (pond scum) were not known prior to the hearing. The record shows that the original plans demonstrated the proposed functions of the rain garden and conveyance system. Further, the ditch had been conveying stormwater from a site that is covered almost entirely with impermeable surfaces in the same manner as when the site was actively used and has been conveying stormwater in its current inactive state. There is no reason to consider the evidence as new and unavailable at the time of the hearing. 1055 South Grady Way - Renton, Washington 98057 - (425) 430-6515 This paper contains 50% recycled maanal, 30% post consumer RENTON AHEAD OF THF. CURVE The underlying applicant for Hawk's Landing had two major objections to the decision. It suggests that this office went beyond the scope of the original Master Plan's boundaries when requiring additional landscaping. The first objection had to do with additional landscaping to screen the proposed development from the unsightly portions of the site generally east of the parking areas and to plant street trees along Lake Washington Boulevard continuing the planting pattern for the site south of the main site. The applicant introduced evidence that the City has funds to address those areas along Lake Washington Boulevard covered by the condition. That specific evidence was not available at the public hearing. The second objection was to using "best available science" to manage stormwater so that contaminants from the site do not reach May Creek and Lake Washington. This office believes that the Master Plan should not have ignored those areas outside of the immediate hotel redevelopment parcel. Doing so leaves visually unappealing pavement asa dominant feature from the hotel and its grounds. In other words the applicant's limiting of the Master Plan site probably should have been initially rejected by staff. Frankly, when coupled with an immediate Site Plan review, Master Planning adds very little. There is nothing to coordinate the hotel's site plan with in this case — it stands alone. But rejecting the Master Plan would be inappropriate at this stage in the process since in the main it is well-designed. Therefore, in order to give some weight and meaning to the Master Plan review, the additional screening to hide or soften the impacts of the unsightly eastern parcel appears reasonable. The condition for landscaping along Lake Washington Boulevard south of the project confines will be modified to allow the City to install the landscaping. The condition to require the use of "best available science" appears reasonably related to the critical areas intended to be protected, namely May Creek and Lake Washington. The subject site will be developed with large parking areas and landscaping. The parking afeas will collect contaminants from automobiles including oils, solvents, gasoline and anti -freeze and road grime. The landscaping will more than likely be treated with fertilizers, herbicides and pesticides. Stormwater will capture these various contaminants.. The site's stormwater runoff will feed a ditch that almost immediately feeds into May Creek which then almost as quickly empties into Lake Washington. Both May Creek and Lake Washington are shorelines and waters of statewide significance. They are also critical areas. RCW 36.70A.172 provides the following language: "Critical areas — Designation and protection — Best available science to be used. (1) In designating and protecting critical areas under this chapter, counties and cities shall include the best available science in developing policies and development regulations to protect the functions and values of critical areas. In addition, counties and cities shall give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries." The standards already exist in state law and should be used to protect both May Creek and Lake Washington. The standards imposed in this decision are no more uncertain than they are in state law. In conclusion, Condition 910 will be modified. The full list of conditions made a part of the decision are found below. "DECISION. The Site Plan is approved subject to the following conditions: L A detailed landscape plan and irrigation plan shall be prepared by a landscape architect registered in the State of Washington, a certified nurseryman, or other similarly qualified professional, and be submitted by the applicant and approved by the Current Planning Project Manager prior to issuance of the building permit Z. The applicant shall provide a revised site plan that depicts 7ADA parking spaces. The revised site plan shall be submitted by the applicant and approved by the Current Planning Project Manager prior to issuance of construction permit 3. The applicant shall submit an access driveway grade cross section indicating compliance with -RMC 4-4-080.1.6.b to be submitted by the applicant and approved by the Current Planning Project Manager prior to issuance of construction permit 4. The street vacation, file # VAC -09-001, shall be completed prior to Certificate of Final Occupancy. 5. The applicant shall redesign the west elevation to feature a pedestrian -oriented facade. The new elevation drawings shall be submitted to the Department of Community and Economic Development project manager for review and approval prior to building permit approval. 6. The applicant shall submit a new site plan that indicates the entire pedestrian pathways through the parking lot as a different material or texture from the adjacent paving prior to building permit approvak This site plan shall be reviewed and approved by the Department of Community and Economic Development project manager. 7. The applicant shall provide an updated site plan to the City of Renton Current Planning Project Manager indicating 12 foot sidewalk widths and a 10 foot wide landscape strip along the frontage of the 3.07 acres of the development site, prior to construction permit approval. 8. The applicant shall be required to provide a lighting plan that adequately provides for public safety without casting excessive glare on adjacent properties to the Current Planning Project Manager for review and approval at the time of building permit review. 9. The applicant shall use best available science in treating stormwater before conveying it to the roadside ditch. The stormwater shall be treated by whatever means including water retention, detention or "rain garden" feature in order to reduce, pollution. entering the ditch and .then May Creels The development shall not jeopardize May Creek and/or Lake Washington with pollutants created or collected on this site's paved or treated landscaping areas. 10. The applicant and staff shall work on a plan that accommodates additional landscaping, even temporary landscaping in planter boxes with some larger trees to screen or breakup the view of the background unsightly portions of the site east of the parking areas. Additionally, in the event that the City does not plant street trees along the remaining Lake Washington Boulevard frontage then the applicant shall plant such trees at the same ratio and species as is planted along the north frontage." This office recognizes that appeals of the underlying decision have already been filed. This decision may change one or more of those appeals or appeal issues. The parties may appeal this decision within 14 days of this new decision Sincerely, Fred Kaufman Hearing Examiner City of Renton cc: Jennifer Henning, Current Planning Manager Vanessa Dolbee, Associate Planner Denis Law, Mayor Jay Covington, Chief Administrative Officer 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 CITY OF RENTON SEP 24 2009 RECEIVED CITY CLERK'S OFFICE BEFORE THE HEARING EXAMINER CITY OF RENTON In the Matter of the Appeal of } SEGB, a Washington non-profit } Corporation, and Brad Nicholson, an ) individual and citizen of Renton, } Petitioners, } Case No. LUA-09-060, EGF, SA -M, SA -H MOTION FOR RECONSIDERATION I. AGREED BRIEFING SCHEDULE The parties have conferred, and agree that any response shall be due by 5 p.m. on October 1, 2009, and any reply due by 5 p.m. on October 5, 2009. II. MOTION South End Gives Back and Brad Nicholson (SEGB) move the Examiner to reconsider his decision denying the Appeal of SEPA Determination, and approving the Master Site Plan and Site Plan in this matter based on new information regarding water flow on the subject property. This new information was uncovered as a result of testimony froze the applicant and city staff at the hearing, and -subsequenfi invest gafi6ri, and was not reasonably available before the hearing. Because the site's design will concentrate all or virtually all of the site's surface water into a ditch, and infonnation presented at the hearing GENQLER & MANN, LLP 1424 Fourth Avenue, Suite IDIS Seattle, WA 98101 MOTION FOR RECONSIDERATION - 1 P(C(D PyFax: (206)6621-051828 0 1 2 31 41 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and investigated by Appellant's expert after the hearing indicates that the ditch is an infiltration feature, the Examiner's decision is based on an error of fact. Moreover, the Examiner erred in law, with or without the new information, and erred in judgment in limiting stormwater treatment options to dumping water in to a ditch that fails to convey water offsite. ITT. EVIDENCE CONSIDERED - The September 23, 2009 Second Declaration of Joel Massman (Second Massman Dec.) (attached). - The files, pleadings, and evidence presented at the hearing in this matter. IV. ASSIGNMENT OF ERRORS 1. The Hearing Examiner erred in finding as a matter of fact that: Water will be directed to a rain garden and then be conveyed to the drainage ditch along the west side of the subject site. The water will be treated in the rain garden and while the phrase gain garden" may not have its normal meaning, infiltration will not follow treatment. The stormwater will be collected, channeled and conveyed to the offsite drainage ditch. It will not be left to percolate in to the underlying soils. HE Decision at p. 17, � 6. 2. The Examiner erred in law by finding that: The appellants have not provided evidence that the ERC erred. The decision below is not clearly erroneous and the decision below should be affirmed. HE Decision at p. 17, ¶ 6. MOTION FOR RECONSIDERATION - 2 GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 1015 Seattle, WA 98101 Phone: (206) 621-8868 Fax: (206) 621-0512 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 3. The Examiner erred in concluding as a matter of law that the ERC did not err in its review of the DNS because the project "will not exacerbate pollutants leaching from contaminated soils into the lake." Decision at p. 17, 16. 4. The Examiner erred in judgment by approving the Master Site Plan and Site Plan with the following condition: The applicant shall use best available science in treating stormwater before conveying it to the roadside ditch. Decision at p. 25,110, V. ARGUMENT A. Standard for Reconsideration RMC 4-8-100(G) provides for reconsideration: Any interested person feeling that the decision of the Examiner is based on an erroneous procedure, errors of Iaw or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written application for review by the Examiner within fourteen (14) days after the written decision of the Examiner has been rendered. 1. The Decision rests on an error of fact. At the hearing, Appellant SEGS presented expert testimony regarding potential groundwater infiltration on the site based upon the Applicant's description of its proposal in the application materials, which appeared to indicate that a significant portion of the site would be left as either bare earth or hydroseeded. The Applicant responded at the hearing by clarifying its plan, stating that it intended to leave the impervious surfaces throughout the site either intact or replace them with new impervious surfaces. The Applicant stated that it intended to grade the development area and route all water flow to a "rain garden," GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 1015 Seattle, WA 98101 Phone: f2061621-8868 MOTION FOR RECONSIDERATION - 3 Fax! (206) 621-0512 11 2� 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 24 21 22 23 24 25 26 27 28 with water then flowing to a drainage ditch. New information presented at the hearing included a drawing of the "rain garden," which had an impermeable liner, meaning that no infiltration would occur onsite. This "rain garden" is simply a conveyance measure, not a treatment measure. Second Massman Dec. at ¶T 1-3. At the hearing, the Applicant indicated that the flow of water would be through the ditch and to May Creek. Although not reflected in the summary of testimony, City staff testified that the ditch had standing water and "orange scum" in it, and that City staff had difficulty or were unable to maintain it. A site visit by hydrogeologist Joel Massman revealed that there is water standing in the ditch, even though this is dry weather. Second Massman Dec. at T 6. The design of the ditch includes a higher inlet elevation than the culvert, meaning that water flowing into the ditch will stand in a pond, rather than flow to May Creek. Id. Dr. Massman notes that: A significant portion of the stormwater runoff that is currently directed to the roadside ditch likely infiltrates into the subsurface and does not discharge into May Creek, Estimates of the amount of the runoff that infiltrates in this ditch have not been developed, but it would be reasonable to assume that the groundwater recharge from this ditch is significant - Second Massman Dec. at ¶ 7 (emphasis added). As the Examiner correctly found, the City must conduct an EIS if there are probable significant adverse environmental impacts. Decision at p. 17, � 4. The Examiner correctly noted that uncontroverted testimony established that groundwater flows from the development site to Quendall Terminals, and conveys pollutants to Lake Washington. Decision at p. 15, ¶ 14; Second Massman Dec. at T 11. The new information from the Applicant that all stormwater will MOTION FOR RECONSIDERATION - 4 GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 101! Seattle, WA 98101 Phone: 1206) 621-8868 Fax: 12W 621-0512 1 2 3 4 5 6 7 8 9 10 11 12 13 14' 15 16 17 IS 19 20 21 22 23 24 25 26 27 28 flow to the ditch, and from the City and Joel Massman that the ditch ponds, and thence infiltrates the ground, means that the same arguments raised regarding increased permeable surface apply to the use of a ditch that serves as an infiltration feature. Second Massman Dec. The appeal should be granted and an EIS must be ordered. 2. Denying the SEPA appeal rested on an error of law. In addition to the new information regarding groundwater infiltration, the Examiner's decision should be reversed because it rests on an error of law. The Examiner concluded that the ERC did not err in its review of the DNS because the project "will not exacerbate pollutants leaching from contaminated soils into the lake." Decision at p. 17, �( 6. But SEPA does not require that a project exacerbate environmental issues. The threshold determination for an EIS is whether the development proposal is "likely to have probable significant adverse environmental impacts." RCW 43.21C.030(2)(c); RCW 43,21C.031; WAC 197-11-360. That the proposal causes new impacts is not dispositive of whether an EIS is required; nor is it necessary that the proposal increase environmental impacts. ASARCO Inc. v. Air Quality Coalition, 92 Wn.2d 685, 706, 601 P.2d 501 (1979). In ASARCO, a smelter requested a variance that would allow it to continue operating. The court held that even though there was no change in the status quo of pollutants emitted, the action still required an EIS. As the ASARCO court noted, SEPA "aims not only to prevent further environmental degradation but to reverse, where possible, ecological damage already done." Id. In this case, uncontroverted evidence demonstrated that groundwater flow carries toxins from Port Quendall into Lake Washington. Decision at p. 15, TT 10-11. Infiltration MOTION FOR RECONSIDERATION - 5 dal GENTLER & MANN. LLP 1424 Fourth Avenue, Suite 101 E Seattle, WA 98101 Phone; (206)621-8868 Fax: (2061 621-0512 I 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 from the site will maintain or increase groundwater flow. Decision at p. 14, � 15. Because the ditch does not convey all water offsite, but instead allows infiltration, the ongoing harm of toxin flow via groundwater provided from the site will be continued. Like ASARCO, an EIS is required to study the impacts and evaluate alternatives. An EIS would provide substantial information to the decisionmaker on how best to handle the project's impacts on the adjacent Superfund site. Unlike a threshold determination, an EIS requires consideration of alternatives. There are numerous options available for how stormwater is handled on the project. Some options, like the use of the infiltrating ditch, increase or at best maintain the flow of groundwater to Quendall Terminals. Another option, the BAS option, would be to channel the water the other way, towards May Creek, and thence to an infiltration feature on the other side of the property. Second Massman Dec. at ¶J 11-12. An EIS would quantify the impacts of the project as submitted, a no -action alternative, and other means of handling stormwater, and allow Renton to make an informed decision on whether to allow this project as proposed or require stomnwater management more tailored to the unique circumstances of the site. 3. The Examiner erred in ordering that water be dumped in the ditch. The Examiner ordered that "[t]he applicant shall use best available science in treating stormwater before conveying it to the roadside ditch." Decision at p. 25, ¶ 9. But the new information regarding the infiltration of water from the ditch means that this condition will not prevent pollutants from entering Lake Washington. As Dr. Massman opines, the Best Available Science for handling stormwater on the site is not to use the ditch: MOTION FOR RECONSIDERATION - 6 GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 101E Seattle, WA 98101 Phone: 12061621-8868 Fax: (206) 629-0512 11 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 Directing the stormwater runoff from the 7.8 acre site to an infiltration facility constructed along the southern edge of the 7.8 acre site would have less negative impact in terms of contaminant discharge from the Quendall Terminal site. Groundwater recharge in this area would also improve stream flow in May Creek. A groundwater infiltration facility along the 7.8 acre site would represent the best available science in terms of reducing cotLtaminant discharge from the Quendall Terminal site caused by groundwater infiltration from the existing roadside ditch and in terms of improving base flow to May Creek, Second Massman Dec, at % 11-12. While undoubtedly well-intentioned, the Examiner's decision thus improperly limits the stormwater treatment options to a system that makes no sense, given the unique topography of the site and the presence of Quendall Terminals downslope from a "ditch" that actually serves as an infiltration pond. Dated this 24th day of September, 2009. Respectfully submitted, GENDLER & MANN, LLP By: Keith P. Scully WSBA No. 28677 Attorneys for Appellants 1South End Gives Back(Den)1Motion for Reconsideration FINAL 9 24 09 MOTION FOR RECONSIDERATION - 7 GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 101'. Seattle, WA 98101 Phone: 12061 621-8868 Fax: 1206) 621-0512 I Joel W. Massmann, declare as follows: 1. 1 am a civil engineer and have been retained by Brad Nicholson and South End Gives Back to assist in addressing stormwater and other site development issues related to the proposed land use at 4350 Lake Washington Boulevard. 2. 1 provided a previous declaration related to this project dated July 17, 2009, 3. My educational and work experiences are described in Items 1 through 3 in my First Declaration, dated July 17, 2009. 1 declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. Dated this 22nd day of September 2009, Joel Massmann, Ph.D., P.E. I have reviewed the Report and Decision from the Office of the Hearing Examiner, City of Renton dated September 10, 2009. This document includes minutes from the August 25, 2009 hearing held in the Council Chambers of the Renton City Hall. These minutes include the following information that was not previously provided to me: 1. The portion of the site that is impervious will remain very similar to its present condition. There is no pian to change the existing square footage of impervious surface in the area related to the hotel development. 2. The rain gardens that have been proposed as a component of the stormwater plan for the site will be lined and will not be used to infiltrate storm water. The applicant states that rain gardens are required, "per the King County Manual," to treat storm water from pollution generating impervious surfaces. Findings, opinions, and conclusions that I have developed based on my review of the September 10, 2009 Report and Decision and on my review of documents identified in my first declaration dated July 176, 2009 include the following: 1. Rain gardens are listed in the 2009 King County Surface Water Design Manual as flow control best management practices (BMP's). They are not listed as a water quality treatment BMP or option. 2. The efficacy of rain gardens as a water quality treatment technology has not been evaluated or described in the land use application or in the King County Design Manual. 3. The efficacy of rain gardens that are lined with impermeable liners has not been evaluated or described in the land use application or in the King County Design Manual. 4. The subject site is approximately 7.8 acres in size and is currently developed with warehouses. Minimal vegetation exists on the subject site and approximately 85 percent of the site (6.6 acres) is comprised of impervious surfaces. 5. Under current conditions, stormwater from the project site flows along the ground surface to the north and west. Based on typical rates of precipitation and runoff from impervious surfaces, it is estimated that the total stormwater runoff from the impervious surfaces at the site may be in the range of 20 to 25 acre-feet per year. This is equivalent to an average runoff of 18,000 to 22,500 gallons per day. 6. Stormwater runoff is currently directed to a roadside ditch along Lake Washington Boulevard or to an existing on-site storm system that discharges to the ditch. Based on information included in the April 28, 2009 report prepared by Sound Development Group LLC entitled "Technical Information Report for Hawk's Landing Crown Plaza Hotel," The existing roadside ditch appears to have standing water during times of no precipitation. The existing discharge culvert from the ditch has a higher inlet elevation than the inlet culvert, as well as several of the upstream catch basins contributing to the ditch_ 7. A significant portion of the stormwater runoff that is currently directed to the roadside ditch likely infiltrates into the subsurface and does not discharge into May Creek. Estimates of the amount of the runoff that infiltrates in this ditch have not been developed, but it would be reasonable to assume that the groundwater recharge from this ditch is significant. 8. Groundwater flow at the site is expected to be primarily to the west with discharge to Lake Washington. This is based on measured groundwater levels at the site, hydrogeologic conditions inferred from well logs and test pits, and known lake levels. Groundwater from beneath the project site likely flows beneath the Quandall Terminals site located between the project site and Lake Washington. 9. Soil and ground water beneath the Quendall Terminals property are contaminated with polycyclic aromatic hydrocarbons (PAHs) and the volatile organic compounds benzene, toluene, ethyl benzene, and xylene (BTEX). The upper 15 to 20 feet of soil throughout the Quendall Terminals site have been contaminated. Studies indicate that contaminants are also impacting area ground water to depths of up to 40 to 50 feet. The groundwater in this zone flows to Lake Washington. The same contaminants detected in soils and groundwater at the Quendall Terminals site have been detected in the surface water along the shoreline of Lake Washington. 10. Groundwater recharge from the existing roadside ditch likely contributes to the rate of contaminant discharge from the Quendall Terminals site to Lake Washington. This conclusion is based on the observed distribution of contamination beneath the Quendall Terminal site and on the inferred groundwater flow direction from the project site. 11. Directing the stormwater runoff from the 7.8 acre site to an infiltration facility constructed along the southern edge of the 7.8 acre site would have less negative impact in terms of contaminant discharge from the Quendall Terminal site. Groundwater recharge in this area would also improve stream flow in May Creek. 12. A groundwater infiltration facility along the 7.8 acre site would represent the best available science in terms of reducing contaminant discharge from the Quendall Terminal site caused by groundwater infiltration from the existing roadside ditch and in terms of improving base flow to May Creek. 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 BEFORE THE HEARING EXAMINER CITY OF RENTON In the Matter of the Appeal of ) Case No, LUA-09-060, ECF, SA -M, SA -H SEGB, a Washington non-profit ) Corporation, and Brad Nicholson, an } individual and citizen of Renton, ) DECLARATION OF KEITH P. } SCULLY REGARDING FILING OF Petitioners, ) FACSIMILE TRANSMISSION I, KEITH P. SCULLY, declare as follows - I. I am an attorney with the law firm of Gendler &. Mann, LLP, attorneys for petitioners/appellants SEGB and Brad Nicholson in the above -captioned action. I make this declaration in order to satisfy the requirements of GR 17(a)(2), 2. The document to be filed is the Second Declaration of Joel Massman. 3. I have examined the document, determined that it consists of five (5) pages, including this declaration and excluding exhibits, and that it is complete and legible. I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. DECLARATION OF KEITH P. SCULLY REGARDING FILING OF FACSIMILE TRANSMISSION - 1 GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 1015 Seattle. WA 98101 Phone: (206) 621-8868 Fax: (206) 621-0512 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 Dated this 24th day of September, 2009, at Seattle, Washington. KEITH P. SCULLY, WSBA No. 28677 %South End Gives Back(DeODec Scully FAX 9 24 09 DECLARATION OF KEITH P. SCULLY REGARDING FILING OF FACSIMILE TRANSMISSION - 2 GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 1015 Seattle, WA 98101 Phone: i206) 621-8868 Fax: [2061 621-0512 MCCULLOUGH HILL, Ps GETYOF RENTON September 24, 2009 SEP 2 4 2009 C1iY CLER� SEORMCE The Honorable Fred J. Kaufman City of Renton Hearing Examiner Renton City Hall 1055 South Grady Way, Renton, WA 98057 RE: Applicant's request far reconsideration LUA-09-060, ECF, SA -M, SA -H Hawk's Landing Hotel Dear Mr. Examiner. We are writing on behalf of the applicant for Hawk's Landing Hotel to respectfully, request reconsideration of two conditions placed on the Master Site Plan and Site Plan Review approvals granted by you on September 10, 2009. RMC 4-8-100 allows an interested person to snake a written application fox reconsideration of the Examiner's decision when the person feels that the decision is based on an erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing. The Heron= Examiner's conclusions and conditions regarding landscaping were a result of an error of law, fam and judgment The applicant requests reconsideration of the following portions of Conclusion 6 and Condition 10: Conclusion: "The Master Plan process does include `master plan' for the entire subject site. While the applicant is trying to confine its footprint, the spare nature of the retraining site Will detract from what appears to be a quality image. Therefore, the remaining acreage should be incorporated at least minimally. The Master Plan cannot escape that there is a much larger site that suffers from old, deteriorating buildings that will reflect on the current proposaL This office believes that the applicant and staff can work on a plan that accommodates additional landscaping, even temporary landscaping in planter boxes With some larger trees to screen or breakup the view of the background unsightly portions of the site east and west of the parking areas. Additionally, the applicant should plant additional street trees along the remaining Lake Washington Boulevard frontage at the same ratio and species as on the north frontage." Co dk on 10: "The applicant and staff shall work on a plan that accommodates additional landscaping, even temporary landscaping in planter boxes -with some larger trees to screen or breakup the view of the background unsightly portions of the site east and west of the parking areas. Additionally, the applicant should plant additional street trees along the 701 Fifth Avenue • Suite 7220 • Seattle, Washington 98104 • 206.812.3388 • Fax 206.812.3389 • www.mhscattle.com Page 2of5 remainins, Lake Washington Boulevard frontage at the same ratio and species as is planted along the north frontage." The applicant requests reconsideration of this conclusion and this condition because: 0 The applicant is already significantly improving the site by redeveloping it and landscaping it. See Conclusion 12: "Redevelopment of the site will counter the neighborhood deterioration and blight that the current site represents." The property to which this condition applies lies outside the boundaries of the subject master site plan and site plan application, and the applicant has proposed no development on this section of the site. Therefore, this condition is not within the scope of the application and may not properly be imposed under this application. When the applicant proposes development in this portion of the site as part of a site plan and master site plan approval for the remnindet of the larger property, street trees would be required by code. In addition, requiring street trees along Lake Washington Boulevard when there is no plan for redevelopment may interfere with the future redevelopment of this portion of the site—trees may need to be removed or relocated in order to accommodate the future development (construction access, sidewalks, driveways, etc.). The City of Renton has received an appropriation from the State of Washington for improvements along Lake Washington Boulevard associated with the redevelopment of the entire area (including the Hawk's Landing site, the Barbee Mills site, the Quendall Tetminals site, and the Seahawks site). These facts Were not reasonably available at the time of hearing as the appropriation was still in process at the time. It is our understanding that the appropriation includes funds for street trees and other street improvements on the southern portion of the Hawk's Landing site. As the City has already taken responsibility for this improvement, the improvement cannot be part of this approval. The applicant therefore requests that the following portions of Conclusion 6 and Condition 14 should be revised to read: Conclusio %: "The Master Plan process does include `master planning' for the entire subject site. While the applicant is trying to confine its footprint, the spate nature of the remaining site will detract from what appears to be a quality image- , The Master Pian cannot escape that there is a much larger site that suffers from old, deteriorating buildings that will reflect on the current proposal. This office believes that the applicant and staff can work on a plan that accommodates additional landscaping within the boundaries of the current site plan application, even temporary landscaping in planter boxes with some larger trees to screen or breakup the view of the background unsightly portions of the site east and west of the parking areas. , ��Future redevel Dment of the southern portion of the site not�roposed for debeloyment with this apalication mill require consistency with City of Renton landscaping r: cQuirernents, including the planting_of street trees." Page 3 of 5 Condition 10: "The applicant and staff shallwork on a plan that accommodates additional landscaping within the boundaries of the current site plan application, even temporary landscaping in planter boxes with some larger trees to screen or breakup the view of the background unsightly portions of the site east and west of the parking areas. " The Hearing Examiner's conclusions and conditions regarding stormwater Were a result of an error of lawfact, and Xu nt. The applicant requests reconsideration and clarification of the following portions of Conclusion 5 and Condition 9: -Conclusion 5: "Those waters should be handled with respect and appropriately treated by whatever water retention, detention, or "rain garden" feature is used. The applicant should use best available science in treating stormwater before conveying it to the roadside ditch. There is no reason to jeopardize May creek and/or Lake Washington with pollutants created or collected on this site's paved or treated landscaping areas." Condition 9: "The applicant shall use best available science in treating stormwater before conveying it to the roadside ditch. The stormwater shall be treated by whatever means including water retention, detention, or "rain garden" feature in order to reduce pollution entering the ditch and then May Creek. The development shall not jeopardize May Creek and/or Lake Washington with pollutants created or collected on this site's paved or treated landscaping areas." The applicant requests reconsideration of this conclusion and condition because: • The City of Renton has not adopted "best available science" as a standard for stormwater treatment. The Heating Examiner is therefore without jurisdiction to impose such a standard. The City of Renton has adopted the 2005 King County Surface Water Design Manual as its accepted method for treatment of stormwater, Which includes the use of "best management practices (BMPs)". The applicant will comply with these standards, including the use of best management practices in its stormwater system design. The City of Renton has determined, through adoption of this manual, that compliance with the manual is sufficient to properly treat and convey stormwater. Thus, compliance with these adopted standards will ensure that "development shall not jeopardize May Creek and/or Lake Washington with pollutants created or collected on this site's paved or treated landscaping azeas." i The factual record, including the Hearing Examiner's own findings of fact, does not support this conclusion or condition. There was no evidence submitted into the record for the Site Plan/Master Plan hearing showing that the applicant's stormwater plan, or its plan to comply with the 2005 King County Surface Water Design Manual, would result in harsh to May Creek or Lake Washington (see hearing record page 12—no evidence was submitted into this application's record by Mr. Scully showing any storinwater impacts warranting the Page 4of5 use of best available science). The Hearing Examiner found that "The proposal will not be exacerbating any issues with pollutants from the Quendall Terminals site discharging into Lake Washington. The applicant will be governed by City, State, and Federal regulations regarding discharge from the subject site." (Site Plan approval, Finding 27). In addition, the Heating Examiner concluded as part of the SEPA appeal that the stormwater "Will not travel the downhill gradient toward and to Lake Washington. It will not exacerbate pollutants leaching from the contaminated soils into the lake." (SEPA Appeal, conclusion 6)_ As such, the facts of the case do not support conclusion 5 or condition 9. The conclusion and condition are vague and may be implied to establish a new, non - regulatory standard for stormwater discharge quality (Le., that the "development shall not jeopardize May Creek and/or Lake Washington with pollutants created or collected on this site's paved or treated landscaping areas").. No impacts are shown to warrant such a new standard, and. the Hearing Examiner does not have authority to create or impose such a standard in the absence of such impacts. The law presumes that compliance with the City's applicable stormwater regulations will adequately address issues of stormwater quality, so this regulatory standard should suffice. We assume that it was not the Hearing Examiner's intention to establish a new standard for water quality separate and apart from the City's stormwater regulations, so we are seeping reconsideration and clarification of this issue. The applicant therefore requests that the following portions of Conclusion 5 and Condition 9 should be revised to read: Conclusion 5: "Those waters should be handled With respect and appropriately treated by whatever water retention, detention, or "rain garden" feature is used. The alicant must com lv with the Ci of Renton's standards re din stormwater the 2005 King County Surface Water Design Manual)- There is no evidence in the record that would suggest May Creek or Lake Washin on would be jeopardized as a result of the gpi2lication. The Condition 9: "The applicant shall comg1.5: -with the 2005 King County Surface Water Design Manual in treating stormwater before conveying it to the roadside ditch. 4 2, feft Schedule for res once. We understand that the other party involved with this matter, Brad Nicholson, may respond to our request for clarification. We have spoken with Mr. Nicholson's attorney, Keith Scully, and have settled upon the following response schedule: Page 5 of 5 Response due: September 30 Reply due: October 5 We hope that this schedule is acceptable to the Hearing Examiner. We appreciate the opportunity to provide this request for reconsideration. Please do not hesitate to contact us with any questions or requests for additional information. Sincerely, G — �I 41it� k C. McCullough cc: Ann Nielsen, Renton City Attorney Keith Scully, Attorney for Brad Nicholson September 10, 2009 OFFICE OF THE IHARING EXAMINER CITY OF RENTON REPORT AND DECISION APPELLANTS: Brad Nicholson South End Gives Back (SEGB) Represented by: Keith Scully OWNER: Port QuendalI Company Attn: Steve Van Til 505 Union Station, 505 Fifth Ave S_, Ste. 900 Seattle, WA 98104 APPLICANT/CONTACT: Spencer Alpert Alpert International, LLP 10218 Richwood Ave NW Seattle, WA 98177 Represented by: Jack McCullough 701 St Avenue, Ste. 7220 Seattle, WA 98104 RESPONDENT: City of Renton Ann Nielsen, Assistant City Attorney File No.: LUA 09-060, ECF, SA -M, SA -H LOCATION: 4350 Lake Washington Blvd North SUMMARY OF APPEAL AND LAND USE ACTION: Appeal of SEPA Determination and request for Master Site Plan Review and Site Plan Review for a 5 -story, 60 -foot high, 122,000 square foot, 173 -room hotel. PUBLIC HEARING: After reviewing the Appellant's written request for a hearing and examining available information on file, the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes area summary of the August 25, 2009 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, August 25, 2009, at 9:00 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. Parties present: Ann Nielsen, Assistant City Attorney representing City of Renton Vanessa Dolbee, Associate Planner, Development Services Keith Scully, Attorney representing Appellant Brad Nicholson and SEGB Hawk's Landing Mixed Use ai SPA Appeal File No.: LUA-09-060, ECF, SA -M, SA -H September 10, 2009 Page 2 Jack McCullough and Jessie Clawson, Attorneys representing Alpert International, LLP The following exhibits were entered into the record for the SEPA Appeal: Exhibit No. 1: Yellow file, LUA-09-060, ECF, SA- M, SA -H containing the original application, various reports, correspondence file, SEPA documents, SEPA Appeal and Staff analysis. Exhibit A: Vicinity Map Exhibit B: Site Plan Exhibit C: Ask Fred what he wrote down! Exhibit No. 2: Notice of Appeal with Attachments A- L Exhibit No. 3: Notice of Supplemental Brief and Attachments Exhibit No. 4: Larger Overview of Vicinity Map Exhibit No. 5: Close-up of Vicinity Ma Exhibit D: Existing Condition of Site Exhibit E: Deconstruction Plan Exhibit F: Post Deconstruction Plan Exhibit G: Site Utility Plan Exhibit H: Grading.Plan Exhibit I: Dan Mitzel Biography Exhibit r: Sound Design Group LLC Exhibit K. TIR The Examiner stated that today the Hawks Landing Land Use, LUA-09-060 hearing for a Master Site Plan and Site Plan Review, and a SEPA Appeal fled by SEGB and Brad Nicholson, who are challenging the SEPA Determination by the City would be heard. The SEPA appeal will be first followed by the Land Use. The Examiner asked for preliminary remarks: Ann Nielsen stated that in the submissions by the appellant in the initial notice of appeal, along with their supplemental brief, appellants raised an issue in regards to the Master Site Plan, the City and the applicant did respond to that issue. The Master Site Plan and the Site Plan hearing is separate and apart from the SEPA appeal, those issues raised that pertain to the Master Site Plan and Site Plan should be stricken and barred from the SEPA appeal hearing. Keith Scully stated that he did not disagree with Ms. Nielsen, his document should have been titled differently in order to separate the two hearings. It was agreed by all parties to strike the Master Site Plan and Site Plan issues from the SEPA appeal hearing. Vanessa Dolbee stated that the site is located at 4350 Lake Washington Blvd North and is a 7.8 acre parcel, however the project site is only 3.07 acres in the northern part of Renton in the COR zone just north of May Creek. It is east of Lake Washington Boulevard, and south and west of 1-405. The project proposes to build a hotel on the site that would include retail space, a fitness center, a spa and a restaurant. The building would be 60 -feet high and 5 stories. It would be a total of 122,000 square feet with 173 rooms and a 124 space surface parking lot in addition to an underground parking garage. The hotel would be located in the northwestern corner of the project. Hawk's Landing Mixed Use an- ---'PA Appeal File No.: LUA-09-060, ECF, SA -M, SA -H September 10, 2009 Page 3 There are two wetlands associated with May Creek, both are to the north of May Creek. One wetland is 63 feet from the property line where the development will take place. The other one is approximately 117 feet south of the property line of the developed site. The Shoreline Master Program would have different buffers depending on the use, the Shoreline jurisdiction is invoked if development is within 200 feet of May Creek, all the proposed development is outside of that 200 foot area. Keith Scully, Gendler and Mann asked to submit all the attachments to their Notice of Appeal Hearing Brief and a Notice of Supplemental Evidence. Included within the attachments are Declarations from Dr. Massmann and Mr. Nicholson. They do not need to repeat everything if the Examiner would be willing to accept them in lieu of live testimony. They are present, if there should be cross examination, they would be willing to answer any questions that there may be. Dr. Joel Massmann, 6520 E Mercer Way, Mercer Island, WA 98040. Upon questioning by Mr. McCullough, Dr. Massmann stated that his declaration represented his comments on this pending application. In paragraph 3 on page 2 where it states that 85% of the impervious surface was taken out of the plans leaving the assumption that there would be a potential for a reduction of 4 acres in impervious surface on this site. His analysis in his declaration was based on that potential. The impervious surface over the larger site, beyond the 3.7 acres is actually less than 85%. The assumption was that any land that was currently impervious and it became pervious the recharge onto that portion would become ground water. Rain Gardens would also infiltrate at a rate typical of soils in this part of the county. Upon questioning by Mr. Scully, Dr. Massmann stated that 4 acres of impervious surface could be deconstructed and would then infiltrate at a rate typical of soils in this part of the county. If it would be less than 4 acres you could simply divide that ratio by the actual amount of impervious surface. A Rain Garden is a place to collect surface water runoff and store it to potentially infiltrate the water. There may be less infiltration in a Rain Garden due to the plants that would transpire, they are roughly similar to simple surface water runoff, and there would be less recharge in the Rain Gardens because of evapotranspiration. Keith Scully stated that Mr. Nicholson was also present and his Declaration was part of the record. If there were no questions for Mr. Nicholson, he would not be called to testify. There were no questions for Mr. Nicholson. It is their burden to show that there are probable significant adverse environmental impacts that clearly shows that an Environmental Impact Statement should have been ordered, rather than what did happen when the City decided that there were no probable significant adverse environmental impacts. The point of an EIS is to study the exact impacts. One of those is not available, they cannot tell exactly what will happen should this project be developed. They must show that it is more likely than not that it is probable that something bad is going to happen to the environment if this plan goes forward as designed. On SEPA, they are resting on one point and that is the stortnwater. It rains all the time in Washington, there is a ton of water that any site trust deal with. This particular site is 85% impermeable and currently there are some old warehouses and a bunch of pavement. When you have a site like this, and you take away pavement and permeable surface that rain water can simply go through into ground water rather than landing on and flowing off. Usually that is an unmitigated good thing and usually fights over developments like this in that there is not enough ground water recharge, there would be too much water flowing off the site and flowing into water bodies like May Creek or into the drainage ditch that carries the water off the site. This site is unique and SEPA requires looking at not just how most sites would affect the environment but how this particular site impacts the environment. Hawk's Landing Mixed Use an :PA Appeal File No.. LUA-09-060, ECF, SA -M, SA -H September 10, 2009 Page 4 The goal of SEPA is not to make things slightly better than they used to be, but to create a document that lets the decision maker really understand the environmental impacts of the proposal. The question is, is there going to be a probable significant adverse environmental impact? This is not the case of sample sites described in the Surface Water Design Manual, where more water flowing into the ground is automatically a good thing. Because of where this site is located, there are residential and commercial properties to the south, there are freeways close by, a residential development to the west and close to the site is the QuendalI terminal which is loaded with chemicals and toxic soils that move via groundwater to the lake. There are hot spots of environmental contaminants in Lake Washington that have been flushed from the land. With this project, pavement will be torn out, buildings will be deconstructed, Rain Gardens will be added, which will absorb some of the water but not enough, there will be landscaping added and impervious surfaces will be dug up and replaced with a different impervious surface and permeable surfaces. The rain that currently flows on this site is channeled to a drainage ditch and on to May Creek, more of that is going to be going into the ground than previously. With this new construction, all water will now go directly to the Quendall site and add toxins to Lake Washington. An EIS would tell how much of an impact this new construction would have on existing water flow and Lake Washington. In order to begin construction on this site, they will need to dig a de -watering trench to drain the site while they use construction equipment. This ground is already saturated, there would be more ground water flow during the construction. They may need to add catch basins in order to flow water to May Creek without more toxins from the surface. The Appellant is asking for a finding of probably significant adverse environmental impact and asks that this be remanded back for a Determination of Significance and an Environmental Impact Statement. Ms. Nielsen waived an opening statement, the City will present their information via a presentation by the project manager, Vanessa Dolbee. She will then join with the applicant in any specific presentation with respect to the stormwater issues. Vanessa DoIbee stated that the City did receive an application from Spencer Alpert of Alpert International, LLP for a SEPA Environmental Review, Master Site Plan and Site Plan Review for the Hawk's Landing Hotel, the applicant did provide all documents required by Renton Code. The SEPA review returned a Determination of Significance -- Mitigated with 10 mitigation measures. The site is vacant, but used to be the home of Pan Abode Cedar Homes. All of the buildings on the site will be deconstructed with the exception of the one building on the south. That building does have a corner within the 200 -foot shoreline. The hotel and parking will be located in the northwest corner of the site. Mitigation measures 3 and 4 require the applicant to comply with the 2005 King County Storm Water Design Manual in addition to providing erosion and sediment control per Department of Ecology during construction. Upon questioning by Mr. Scully, Ms. Dolbee stated that the white space shown. on Exhibit G is in general impervious surface. It is old concrete and other buildings as well as other items left on the site. Discussion was had regarding the materials left on the site, whether the hotel would face those leftover materials. The Examiner inquired as to what was going to happen to the rest of the white space. Mr_ Scully continued stating that in fact, the City does not know what is going to happen with all the stuff remaining on the site. Hawk's Landing Mixed Use an_ _=,PA Appeal File No.: LUA-09-060, ECF, SA -M, SA -H September 10, 2009 Page 5 Ms_ Dolbee stated that based on the submittal documents, she believed that the areas not marked "TBR" would not be removed. There is no condition that requires them to leave that area impervious. There also has been no document issued at this point by the City regulating that space outside the development area. A permit would be required to do any type of work on the site. There is nothing in the plans that states what will happen to the soil under the buildings that are to be removed. Mr. McCullough stated that they would defer any opening statement and called Mr. Mitzel to testify. Dan Mitzel, 1111 Cleveland Avenue, Mt. Vernon, WA 98273 stated that he was developing this site in conjunction with Spencer Alpert of Alpert International. He is the developer for the hotel and has been active in the real estate business since 1977 and active in the hotel business since 1984. About a year ago he got together with Mr. Alpert and starting discussing possibilities of developing this site for a hotel that would work in conjunction with the Seattle Seahawks. An agreement was entered into with the Seahawks to build a hotel that would be considered the official hotel for the Seattle Seahawks, it was very important that they have a hotel that was within close proximity to the VMAC Center and training center. Uuon questioning by Mr. McCuIIough, Mr. Mitzel stated that the plan was to remove the buildings, leave the concrete slabs under the buildings and leave the asphalt that surrounds the buildings so that the impervious areas are mimicking the existing conditions in the area outside of where the hotel will occur. There will not be 4 acres of new pervious surface in the area of this new construction. The portion of the site that is impervious will remain very similar to its present condition. There is no plan to change the existing square footage of impervious surface in the area unrelated to the hotel development. All buildings are sitting on concrete slabs. The hotel that will be built on this site will have some rooms looking to the east and southeast. Those views would be essentially of asphalt and concrete, there might be a minor amount of general cleanup that happens, the site is not a junk yard, rather a series of buildings that will be taken down, the slabs will be left, the asphalt will be left and that will be the condition they must deal with in terms of the view from some of the rooms, it is not perfect or ideal, but neither is looking at the freeway. They feel it is a condition they are willing to live with and they are willing to take that risk. Upon questioning by Mr. Scully, Mr. Mitzel stated that the entire site is under their control under a real estate purchase and sale agreement. It is one tax parcel. They operate hotels in many different conditions. The premium rooms will be looking at Lake Washington. At this point they have not begun to obtain their demolition permits. There have been no specific conditions about how they leave the area that does not include the project area. Nothing will be removed outside the project area. Pat Severin. Sound Development Group, LLC, 15214 Avon -Allen Road, Mt. Vernon, WA 98273. Upon questioning by Mr. McCullough, Mr. Severin identified a statement of qualifications for Sound Development Group. He has been an engineer in the Skagit Valley for 10-12 years and been practicing engineering since 1989 and licensed since 1995. Mr. Severin was contacted by Mr. Mitzel to provide engineering and surveying services for the project. They addressed storm drainage, utility designs, site layout and grading plans for the site. They worked with the project architect to develop a site plan that was aesthetically pleasing and functions from a utility standpoint. Exhibits E and G are true depictions of the existing conditions and post development conditions of the site. Rain Gardens have a two -fold function, it is a point of collection for stormwater, it provides water quality treatment and in some cases infiltration to actually dispose of stormwater runoff. This site is only using Rain Gardens for the treatment of the water, they do not intend to infiltrate any water in the Rain Garden area. The TIR for this project contained a diagram of the Rain Garden Treatment System. After the water was collected Hawk's Landing Mixed Use a SPA Appeal File No.: LUA-09-060, ECF, SA -M, SA -H September 10, 2009 Page b in the Rain Garden it flows into the drainage system and out to May Creek where it currently discharges. There would be a collection pipe at the bottom of the Rain Garden to receive all the surface water that percolates through the Rain Garden down to the drain rock below. The bottom of the Rain Garden would be lined. Per the King County Manual, they are required to treat pollution generating impervious surfaces, which is primarily asphalt and some concrete surfaces and that is what they are collecting. Roof waters are typically considered not a pollution generating impervious surface, that water will be collected and diverted to the ditch in a separate system. Per the King County Manual, impervious surfaces are actually considered asphalt, concrete and typically graveled surfaces, even if it were all to be removed, which the applicant does not intend to do, it would stili be considered impervious. Pre -development to post -development, all the water would be discharged to the ditch much as it is today. The only difference is that they are treating the stormwater runoff and the Rain Garden will provide some flow attenuation from stormwater. They are providing a better water quality than what is there today. Upon questioning by Mr. Scully, Mr. Severin stated that there was no water evaluation on the undeveloped portion of the site other than knowing from the grades in the standpoint that the water would continue to flow like it has done previously into the ditch. He only addressed what they currently were developing. The site slopes more from the east to the west. The area outside of the hotel generally flows to the west and Lake Washington Blvd. and it will continue to flow that way. In the Water Quality Manual there are several menus, there is one that determines if it is a high or low use site, which is generated by average daily use traffic. This site was determined to be low volume traffic therefore, they were required to do basic water duality treatment. They chose Rain Gardens because it is a very attractive technology that is available and is promoted by a lot of the jurisdictions. There are many ways to provide basic treatment, the Rain Garden treatment actually qualifies for enhanced treatment and it does a better job of cleaning the water. Mr. McCullough stated that they have addressed the legal arguments in the briefing submitted earlier and it remains their view that the burden that the appellants face in the SEPA appeal is a burden under the applicable case law of actually producing evidence. That has not been seen today, the only evidence that has been submitted is the Declaration of Dr. Massmann and he testified here that he clearly made two fundamental assumptions to reach the conclusion that he did: 1. Four acres of the larger site would be converted from impervious to pervious surface and 2. He assumed the Rain Garden feature would be a stormwater element that would provide for the infiltration of stormwater. It has been clarified in their response/presentation that both those assumptions are absolutely inaccurate. There will be no conversion of impervious to pervious as a result of the deconstruction and the Rain Garden is a water quality treatment feature. There is no likelihood of any increased infiltration of any material amount in this ground. There is no evidence in support of this SEPA appeal. Any change would be subject to review and there are no plans to change the impervious surfaces. The appellant has failed in their burden to show error and therefore asks the Examiner to uphold the SEPA Determination. Ann Nielsen stated that the applicant more than complied with all the necessary application materials and documents in his request for a SEPA review to the ERC. The ERC had all the necessary information before them that they needed to make an adequate SEPA assessment, in doing so they came to a DSN-M with specific mitigation measures. The Appellant has done nothing to show that there was any significant adverse environmental impact that was not contemplated or could not be mitigated by the conditions that were put upon by the ERC committee. The City would request that the Examiner find that the appellant has failed in their burden to show clear error and that the SEPA determination should be upheld. Hawk's Landing Mixed Use an_ _SPA Appeal File No.: LUA-09-060, ECF, SA -M, SA -H September lb, 2009 Page 7 Mr. Scull stated that the specific evidence they have pointed out is what happens if you do remove all the structures and impervious surfaces. They learned today on the record that they are not going to be doing that. That is not a condition of mitigation and not a part of their application. Contrary to what Mr. McCullough said the fact that it is in the record in front of the Examiner means nothing for the future. The fact that they said they were not going to do it, does not bind them from proceeding with separate projects. It does not prevent them from getting a separate permit, it also does not prevent them from doing things that do not require a permit. There is a glaring omission on what is going to happen on the majority of the site. At a minimum they ask that the Examiner require a mitigation condition that what is currently impervious outside the development area should remain impervious. Today there is not enough information as to what is going to happen to the rest of the site and an EIS should be required. The Examiner stated that if by imposing an additional condition the parties would agree to retract their appeal that is something that the Examiner is entitled to do. By taking the appellant's concerns under advisement and the applicant's willingness at this point to say they are not going to do any of that action without permitting of the City. A 10 minute Break was taken LAND USE HEARING began at 10:49 am The following exhibits were entered into the record for the Hawk's Landing Land Use Hearing: Exhibit No. 1: Yellow file, LUA-09-064, ECF, SA- M, SA -H containing the original application, various reports, correspondence file, SEPA documents, SEPA Appeal and Staff analysis. Exhibit No. 2: Neighborhood Detail Map Exhibit No. 3: Existing Conditions Exhibit No. 4: Hawk's Landing Master Site Pian Exhibit No. S: Hawk's Landing Site Plan Exhibit No. 6: Site Dimension Plan Exhibit No. 7: Tree Inventog Plan Exhibit No. 8: Landscape Plan Exhibit No. 9: Site Utility Plan Exhibit No. 10: Gradin Plan Exhibit No. 11: East and South Exterior Elevations Exhibit No. 12: West and North Exterior Elevations Exhibit No. 13: S & E Elevations hic Exhibit No. 14: N & W Elevations a hic) Exhibit No. 15: Hotel Gya e Floor PIan Exhibit No. 16: First Floor Plan Exhibit No. 17: Second Floor Plan Exhibit No. 18: Third and Fourth Floor Plans Exhibit No. 19: Fifth Floor Plan Exhibit No. 20: Roof Pian Exhibit No. 21: Building Sections Exhibit No. 22: Demolition Plan Hawk's Landing Mixed Use an_ _JPA Appeal File No.: LUA-09-060, ECF, SA -M, SA -H September 10, 2009 Page 8 The hearing continued on Tuesday, August 25, 2009, at 10:49 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. This portion is the hearing of the Hawk's Landing Mixed Use Master Site Plan Review and Site Plan Review. Parties wishing to testify were affirmed by the Examiner. The Examiner did ask for additional time in preparing his decision due to the length of the material presented. Vanessa Dolbee stated that she is the project manager for the Hawk's Landing Hotel for the City of Renton. The applicant has requested a Master Site Plan and Site Plan Review. The City of Renton did receive some Capital Improvement Funds during the 2009 Legislative Session; Staff is currently working to identify how those will be expended, although it has to be approved by City Council, which has not approved the expenditures at this time. Some of the items on the table that do have a direct relationship to this project would be a water line extension on Lake Washington Blvd and the extension of a trail along May Creek and some storm drainage improvements along Lake Washington Blvd that may include some impervious sidewalk improvements. Review and permitting of this would happen at a separate time. The site is located at 4350 Lake Washington Blvd N, the former site of Pan Abode Cedar Homes, to the northwest is VMAC, the home of The Seahawks, to the west are Barbee Mill and Quendall Terminal and to the south is May Creels. The parcel is 7.88 acres in size and the project area is 3.07 acres. There is a small triangular parcel of land at the far north end of the site which is currently owned by the City of Renton. A vacation request has been made by the applicant to acquire that parcel under file #VAC -09-001. It has been approved with some conditions associated with the approval. The hotel is proposed to be 60 -feet tall with 5 stories, 122,000 square feet with 173 rooms, with retail space, fitness center, spa, conference space, banquet facilities and a restaurant. Access to the site would be from Lake Washington Blvd via two locations; first is north located in the existing vacation area, which with approval would become a part of this parcel and would be limited to right-in/right-out only, the second access is to the center of the larger parcel and would provide access from both directions. There would be parking in an underground garage as well as surface parking, with 231 parking stalls total, 107 in the garage and 124 surface stalls. This project is in compliance with the comprehensive plan, its elements, goals, objectives and policies. Lot coverage for the COR zone is 65%, the building footprint has a 22% coverage. Setbacks for the COR zone are determined through the site plan review, the applicant has proposed a 20 -foot front setback from Lake Washington Blvd, a 60 -foot setback from the north side of the property line, a 480 -foot south setback and a 129 - foot setback from the rear property line along 1-405. The COR zone requires portions of the building which exceed 50 -feet in height would include upper story setbacks at a minimum of 10 -feet from the preceding story, the building should include vertical and horizontal modulation on roof lines and facades at a minimum of two feet and an interval minimum of 40 feet. The fifth Hawk's Landing Mixed Use and 3LPA Appeal File No.: LUA-09-060, ECF, SA -M, SA -H September 10, 2009 Page 9 story of this hotel would be subject to these requirements. The proposed architectural design meets the intent of the special development standard. The landscaping is determined through site plan review, perimeter landscaping has been proposed in widths from 6 -feet to 25 -feet, screening around the refuse and recycling areas, ornamental landscaping at the hotel entrance with a Koi pond and a pedestrian bridge crossing. Street trees would be planted along Lake Washington Blvd. This landscape plan further complies with the City's parking regulations. There are no specific standards for landscaping refuse and recycling for hotel developments. This proposal would improve the character of the site, new access would be provided and street frontage improvements provided. Landscaping would be provided that would screen the surface parking area from surrounding properties. The scale of the structure is larger than the Barbee Mill but smaller than the VMAC. This hotel does provide a much needed transition from the existing residential and I-405. The hotel would be more compatible with the surrounding residential than the former industrial site and the impacts to the surrounding properties and uses are expected to be minimal. The scale, height and bulk of the proposed buildings are appropriate for the site and would be compatible with surrounding properties. If and when the remainder of the site is developed, it would need to be compatible with the hotel. The proposal is expected to increase property values in the vicinity of the site. In addition to access and parking on the site, pedestrian connections to the public sidewalks are proposed along the street frontage which would provide safe pedestrian access throughout the site. The applicant would be required to provide a 12 -foot sidewalk along the frontage of Lake Washington Blvd with a 10 -foot landscaping strip for safety. The single building would not have an impact on the site's light and air circulation. There would be minimal noise impacts from the increased traffic, although the noise would be virtually unnoticeable because of the proximity of I-405. The Fire and Police Departments for the City of Renton have indicated that their existing facilities are adequate to accommodate the subject proposal. Impact fees have been required as a mitigation measure of the SEPA. Redevelopment of this site would help prevent deterioration and blight of the neighborhood. It would actually increase the quality of the subject site and the project is expected to contribute to the well-being of the City in general and the neighborhood in particular. This site is located in Design District C, which is an overlay design district and it is in compliance with most of the requirements of the Design District, except for the following: The west elevation of the building has some blank walls and Staff has requested that the west side be re- designed at that portion to feature a pedestrian oriented fagade. Design District requires that all sides and top of refuse and recycling areas be enclosed. Having a top enclosure would not function well with garbage collection, they have asked for a modification to not put a top on the enclosure. The proposed surface parking lot is not intended to be built into a structured parking at future phases of potential development. This site is constrained by access off of one road and the internal circulation of the site is vital for future potential development and this parking lot would serve as that internal vehicular circulation. The applicant should submit new site plans indicating the entire pedestrian pathway throughout the parking lot as differentiating materials or texture from the adjacent paving. Hawk's Landing Mixed Use an PA Appeal File No.: LUA-09-060, ECF, SA -M, SA -H September 10, 2009 Page 10 The applicants have proposed to provide canopies along the fagade fronting Lake Washington Blvd that exceed the minimum width standards, although they do not meet the minimum length standards they have proposed them along 38.5% of the facade, which pertains to approximately 60 linear feet. The hotel design also provides modulation as it fronts Lake Washington Blvd, some portions of the hotel are setback and not immediately adjacent to the sidewalk. As such, the design requirement of the overhangs would not be achieving their goal in some of those areas, therefore the 60 -feet of linear canopy coverage. There are some additional requirements if the project is located in the COR zone, which this proposed project meets. Hearing was adjourned for lunch at 11:30 am... Back on record at 1:00 pm Pat Severin, 15214 Avon -Allen Road, Mt. Vernon, WA 98273 stated that they had taken a look at the site with the existing conditions and constraints from elevations in the roadways and they came up with a grading plan that actually would grade the entire site towards the surface areas of the Rain Gardens from the entrance road and from all the parking areas towards the Rain Gardens. All this water would be collected in the Rain Gardens, treated, and conveyed to the discharge point down through the bottom of the ditch. Any of the water around the hotel would be picked up with downspouts and/or yard area drains directed to the same discharge location. He did not believe that any flow control would be required on this site per an exemption in the King County Manual. Some flow attenuation would happen with the Rant Garden. They do not have an approved construction document at this time, it is only a planning document. The next step would be to receive site plan approval and then proceed with the construction documents where they would finalize their design depending on comments from the City Staff. The Rain Gardens have not been approved as a design feature and in fact when the approval comes through it might not include Rain Gardens but some other feature. There are a number of features that would provide the same level of treatment to choose from. The final plan would need to comply with the City's Code. This 3.07 acre site is not within the 100 year flood plain, a portion of the south boundary just crosses the 100 year flood plain. Geralvn Reinart, PE, 159 Denny Way 4111, Seattle, WA 98109 stated she is a self employed traffic engineering consultant specializing in the preparation of Traffic Impact Analyses_ She was responsible for the preparation of the Traffic Impact Analysis for this project. The analysis included a review of the existing conditions adjacent to the project including the operations of three intersections along NE 44�h, the northbound and southbound ramps to I-405, along with the Seahawks Way intersection. This included a review of the number of accidents along Lake Washington Blvd and NE W Street. AM and PM peak hour traffic counts completed for the project were also used in the analysis, along with a review of the site accesses at two locations along Lake Washington Blvd. Looking at the site accesses, the existing Pan Abode driveway should be limited to right turns in and out due to its close location to the ramp interchange. The main access to the site is located towards the southerly end of the hotel portion of the property. In looking at the future volumes at that intersection left turns into the site were recommended. Build out of the hotel could generate over 1400 daily trips, 97 during the AM peak hour and 102 during the PM peak hour per the Institute of Transportation Engineer's Trip Generation Manual. The future trip Hawk's Landing Mixed Use and �rPA Appeal File No.: LUA-09-060, ECF, SA -M, SA -H September 10, 2009 Page 11 volume projections at the intersections mentioned earlier included pipeline trips from the adjacent Barbee Mill development that is ongoing currently plus a 2% annual growth rate in the traffic volumes, which is consistent with prior studies that have been completed in the area. The project trips were added into the future values to analyze the impacts from the project itself. The trip assignment for the hotel was based on prior work that was done in the vicinity and specifically the Port Quendall analysis of the I-4051NE 44`h Street interchange project access report prepared by WSDOT. There were some adjustments made to that report since this road was going to be serving Seahawks visitors, some of that traffic was redistributed up to the Seahawks facility. The critical movement at the intersection of Seahawks Way and Lake Washington Blvd near the northerly access to the site is currently moving at Level Service D during the peak hours. Future increases would drop that level of service to E with or without the hotel. The other critical intersection operations would be the north and southbound ramps to I-405, some of the movements are operating at Level Service F during the AM peak hour and the delay on those movements would continue to increase over the next few years with or witbout the hotel project. All of these intersections are within the WSDOT limited access area, they are also subject to review as part of this project. Measures to raise the level of service at these intersections was reviewed by both agencies and included the installation of traffic signals for the ramps and then some restriping of lanes and construction involved with lane additions. WSDOT did concur with these measures and requesting that the applicant participate in a proportionate share of the cost of these improvements, which are being proposed by WSDOT. Pat Bunting, 3643 Leg Road, Bow, WA 98232 stated that her firm, Graham and Bunting, is an environmental and land use service. She was one of three on the project team that was assigned to go to the site and look for critical areas that could possibly be anywhere from the site down to May Creek. They found two small wetlands off site by May Creek, they are Category 2 wetlands. There was May Creek, a Class 1 stream, there is also a ditch alongside Lake Washington Blvd which is a Class 5 stream. The hotel would be more than 200 feet from May Creek. The small wetlands were offsite and so are not buffered, they are well out of the range of the project site. Checking the habitat of the stream requires walking up and down the stream banks and looking for habitat including large debris, downed logs, vegetation, ripples and pools places where fish can spawn and feed, they looked at the classed ditch as well for that reason. May Creek is a habitat for fish. The wetlands were so small, their habitat value was found to be over winter when there would be water, and there might be some winter habitat. But there was not much there, the wetlands were not even wet at this time of year. Each one is less than 500 square feet. This project, as proposed, meets all requirements for the City of Renton. Mel Maertz, 16921 Larch Way, Lynnwood, WA 98037 gave a brief description of his qualifications. His role in this project was to help programming and master planning of the project. He worked on the design of the hotel_ The site plan for the hotel is oriented to Lake Washington, taking advantage of the views, they planned this hotel so it would not affect the future development of the remainder of the site. They tried to accommodate the pedestrians and the traffic, it was important to look at the Seahawks facility and the connectivity between the two facilities. Parking to the back and easy access to the underground parking were very important. The hotel was designed with a Northwest Craftsman look and incorporated materials like those used in the Seahawks facility as well as the Barbee Mill community across the street. They are trying to create a sustainable building that would be a leader in the community. Vanessa Dolbee responded to an earlier question by the Examiner regarding refuse and recycling. Renton Municipal Code requires for multi -family developments one and a half square feet per dwelling unit and three square feet for recycling and three square feet per dwelling unit for refuse. The office analysis was based on two square feet per 1000 gross building square feet for recycling and four square feet for refuse for 1000 gross Hawk's Landing Mixed Use an '.PA Appeal File No.. LUA-09-060, ECF, SA-M, SA-H September 10, 2009 Page 12 building square feet, which results in for recycling the 244 square feet and refuse at 488 for the office requirement. Looking at the multi-family requirements the recycling (hotel rooms as dwelling units) 259.5 square feet for recycling and 519 square feet for refuse, which is actually an increase from the office calculations. Keith Scully, Attorney representing Brad Nicholson 1424 4`h Ave, Ste. 1015, Seattle, WA 98103 stated that they had submitted some written comments as part of the Notice of Appeal. They learned a fair amount today and so would modify some of those comments. There are some greater concerns but also some reduced concerns with the Shoreline Substantial Development Permit. A drainage plan is required under Renton Municipal Code as part of a Master Site Plan or Site Plan application. There is an exception to that requirement which allows the City to make a determination that if the proposal will not substantially alter the drainage pattern and/or it will not adversely affect the drainage pattern, then the City can waive that requirement. There has been no formal request for that and no formal waiver made and based on what they learned today that waiver is not applicable. This proposal does substantially alter the drainage pattern. They are going to grade the entirety of the site and route it into the Rain Garden. Currently water flows into the creek, this will adversely impact water quality because of flowing over what is undeveloped impervious surface, and it will be flowing over an active parking lot. The Drainage plan is a document that is reviewed by the Examiner and determines if what is proposed is compliant with Renton's code and with Renton's incorporation with the King County Surface Water Design Manual. What you have is a conceptual outline of what they might ask the City to approve as part of their building permit. This does not comply with the King County Surface Water Design Manual. There is nothing for the Examiner to rule on, they don't know if they are going to be doing the Rain Garden plan or something else. They are planning to deal with flow control and toxin removal through a Rain Garden treatment system, although they disagree with them, however they do admit that they need to do something to control the toxins that will come off the parking lot. A Rain Garden would be okay for this proposal, but what they have called a Rain Garden, includes an impermeable surface layer. A Rain Garden is something that has plants in it and lets water infiltrate the ground. There is an infiltration component to every single Rain Garden design, this impervious liner makes this not a Rain Garden. The water that is flowing off the parking lot now flows through a little bit of gravel into a pipe and straight to May Creek. What they are actually proposing is a thing called a perforated pipe collection system, which is a box with some gravel in it and a pipe at the bottom. There are no flow control credits for it, and that is because it does not work as a pollution control plan. He disagreed with the comments made by the wetlands specialist that you don't buffer something off site_ If the property line stops and there are no critters on your property, you are done with the evaluation. The habitat and the impacts on the habitat should be studied, not just the impacts on your property. There are fish in the creek, birdlife in the vegetation, and all the stuff that comes with a small conservancy designated wetland. The hotel is far from the wetlands, but the blank space in an unknown at this point. What do they intend to do with it? It appears that it is currently being used as overflow parking for the Seahawk's games, is it going to be lit with the lights shining on what may be song bird nesting habitat, what is the flow going to be like when cars are parking on it, are they going to be putting heavy equipment on it for some later project. No one knows what is going to happen. They have less of a concern on the Shoreline Substantial Development Permit. If any part of this one project goes within 200 feet of May Creek, a Shoreline Substantial Development Permit is needed. They have been told today that no part of this development will be within 200 feet of May Creek. If the south building is left untouched and no work done in that area, then they do not need a SSDP. They would ask for a special condition to be added that no work incur in that area within 200 feet of May Creek. Hawk's Landing Mixed Use and ,3r.PA Appeal File No.: LUA-09-060, ECF, SA-M, SA-H September 10, 2009 Page 13 Kayren Kittrick, Dev Engineering Supervisor, Community and Economic Development showed a map of the project site, she marked the site with an "X". Directly across to the northwest is the entrance of Seahawk Way and the VMAC building, it further showed the location of Barbee Mill development. This development has triggered improvements to the intersections including stop lights. The start of a LUA file is only preliminary discussions, included in those preliminary discussions is a preliminary drainage plan, it is required. The final construction plans takes in things brought in during the hearing, things added as conditions, best management practices plus changes they find on the site during construction. The Rain Garden design is very interesting, it seems closer to a bioswale design and that is one of the acceptable items. It will have to be studied to see if it works, if it does not, the applicant must find another method that is acceptable within the King County Surface Water Design Manual. The hotel and hotel parking could change anything that might affect the final calculations of what they have to treat and what has to be released. The standards are not relaxed, a preliminary design is presented, and that is what we know at this point based on specific calculations. Conditions can be made, ERC could have made a condition, plus once it gets looked into and they find it does not meet the King County Surface Water Design conditions or standards or doesn't do what they think it is going to do, the City runs their own calculations and checks on everything. Even under an EIS it is still a preliminary design.subject to change. Any soils that are removed from this site would be checked for contamination and treated as deemed necessary. Vanessa Dolbee stated that Mr_ Scully had been referring to a habitat management plan, the City code does not specify a habitat management plan, and they have a habitat assessment and a habitat data. report. The habitat data report was waived (which is the same thing as the habitat assessment). It was waived because there was a Fish and Wildlife habitat section within the wetland and stream study that provided sufficient information to the City to determine that the habitat assessment report could be waived. Keith Scully stated that he believed that Renton's policy is to allow a preliminary drainage plan but that is wrong and now seems like the time to fix it. RMC 4-60-030C says that persons applying for specific permits or approvals would submit for approval a drainage plan for their application or request. Further on, drainage plan is defined in the same section 4-60-03OF stating that the drainage plan will be prepared in conformance with the department's construction plan drafting standards and contents and the design criteria contained in chapters 3, 4, and 5 of the current King County Surface Water Design Manual. Nothing in the code section about the start of a conversation or a preliminary plan, which means the final thing and they need to make a determination that it does or doesn't that the Hearing Examiner can then repeal. Jack McCullough stated that the only lingering issues have to do with the drainage plan.. The testimony from Mr. Severin and the City stated that a drainage plan was submitted. The confusion here is that the comments from Mr. Scully on behalf of his client suggest that it is the Examiner's position in this proceeding to pass judgment on approved drainage plan. That is not the case. Sub-section G of the Code section referenced by Mr. Scully, Review and Approval of Plan, it indicates that the decision on the plan is reserved to the approval of the Development Services Division. In the second sentence of sub-section G1, it says that if no action is taken by the City after submission of the Final Drainage Plans within 45 days, then such plan is deemed approved. In Sub-section G3 it indicates under additional information that the permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Administrator or his duly authorized representative. This is the process that Ms. Kittrick outlined, there is an additional submittal, it's not just a conversation, a report has been issued showing the process and treatment that is anticipated to take place. At this point it is incumbent on the Examiner in review of this information only to determine that the plan, in its current state, is feasible on the property. What has been heard from Ms. Kittrick and Mr. Severin is that there will be comments and they have not passed judgment on the acceptability under the manual or the City's Code. Mr. Severin testified that there are alternates that can easily be employed that qualify under the Hawk's Landing Mixed Use an, PA Appeal File No.: LUA-09-060, ECF, SA -M, SA -H September 10, 2009 Page 14 manual. Once the process of comment is completed then you arrive at what G 1 refers to as the Final Drainage Plan. Then the Administrator has 45 days to take final action. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 2.07 p.m. FINDINGS CONCLUSIONS & RECOMMENDATION ON SEPA APPEAL: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: The appellants, South End Gives Back (aka SEGB) and Brad Nicholson, filed an appeal of a Determination of Non -Significance —Mitigated (DNS -M) that the City issued for the proposed Hawk's Landing Hotel. The appellants filed the appeal in a timely manner. 2. The applicant, Spencer Alpert, hereinafter applicant, applied for a Master Site Plan and a Site Plan review for a hotel complex that would include a 173 room hotel, retail space, a fitness center, spa and restaurant. The project would be developed on an approximately 3.07 acre portion of a larger 7.8 acre site located at 4350 Lake Washington Boulevard. The project also includes a proposed "rain garden' which is designed to handle stormwater collected on the subject site. 3. The subject site is located between Lake Washington Boulevard on the west and I-405 on the east and is almost directly south of the on-ramp for I-405 at NE 44th Street. 4. Lake Washington itself is located west of the subject site separated from the subject site by Lake Washington Boulevard, the Barbee Mill subdivision and the Quendall Terminals site. The new Seahawk's Training Center (Virginia Mason Athletic Center) is located a bit further north. May Creek and associated wetlands are located south of the subject site. 5. The subject site was the location of the Pan Abode Cedar Homes manufacturing site. The site is developed with old, now vacant warehouses and almost the entire site is covered with pavement. There are approximately 75,214 square feet of warehouses and impervious surface covers approximately 85% of the subject site. 6. The applicant will be removing pavement and warehouses, "deconstructing" in terms used by the parties, from the north portion of the subject site, the approximately 3.07 acres that will be developed with the hotel and associated surface parking and landscaping. 7. May Creek and Lake Washington are both shorelines of the State and are both subject to the criteria of the Shoreline Master Program. The applicant has designed their demolition and redevelopment proposal to avoid any work within the 200 foot threshold of the Shoreline Master Program 8. The ERC imposed ten (10) conditions. Four of those conditions related to geotechnical issues, wetland/stream issues, in compliance with the 2005 King County Surface Water Design Manual, and erosion control under Department of Ecology regulations. Those four conditions are: 1. The applicant shall comply with the recommendations found in the following geotechnical reports: "Geotechnical Engineering Study" prepared by Earth Consultants, Inc. dated February 6, 1991; Hawk's Landing Mixed Use and u 'A Appeal File No.: LUA-09-060, ECF, SA -M, SA -H September 10, 2009 Page 15 "Geotechnical Investigation -- Draft Report" prepared by Materials Testing & Consulting, Inc. dated June 4, 2009; and "Subsurface Exploration and Geotechnical Engineering Study — Proposed May Creek Office Building", prepared by Hart Crowser & Associates, Inc., dated October 8, 1985. 2. The applicant shall be required to comply with the recommendations included in the "Wetland/Stream Study", prepared by Graham -Bunting Associates, dated May 12, 2009. 3. This project shall be required to comply with the requirements found in the 2005 King County Surface Water Design Manual. 4. The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume Il of the Stormwater Management Manual prior to issuance of Construction Permits. This condition shall be subject to the review and approval of the Development Services Division Plan Review Project Manager. " 9. The appellant calculates that if there is 85% impervious surface that subject site will generate storm water in the amounts of 10 to 20 acre feet of water or between 900 and 1800 gallons per day.Based on the applicant's submissions the appellant calculates that there will be approximately 38,866 square feet of landscaping. They also calculated the change in impervious surfaces. From those calculations the appellants deduce that "a reduction in impervious surface would dramatically increase the rate of groundwater recharge." (Appeal page 3) 10. The appellants then explain that based on topography, measured groundwater at the site, and hydrogeologic conditions inferred from well logs and test pits, and known lake levels that groundwater will flow to the wrest, down and toward Lake Washington through the Quendall Terminals site. Since these groundwaters are inferred to flow toward the Quendall Terminals property the appellants anticipate that these groundwaters will pick up or increase the rate of contaminant discharge from Quendall to Lake Washington. The appellants allege contaminants entering the lake will have a deleterious impact on fish and people who use the lake. 11. Quendall Terminals is a Superfund site. That means it has been found to be significantly contaminated and is listed by the Federal Government due to the levels and nature of the contaminants found at the site. Past practices on the site released or produced dangerous hydrocarbons and toxic materials such as arsenic as part of the creosote and tar manufacturing and pole treatments produced on the site. 12. The appellants noted that "rain gardens are'excavated or otherwise formed depressions in the landscape that provide storage, treatment, and infiltration of stormwater runoff. The soil in the depression is enhanced to promote infiltration and plant growth."' (Notice of Appeal, Page 2). Relying on the definitions found in the 2005 King County Manual, the manual referenced by the ERC to govern stormwater management on the subject site. 13. In summary the gist of the appellants' arguments are that the applicant will be using the rain garden and or other aspects of the proposal to infiltrate stormwater into the soils under the subject site. This will recharge or supplement the groundwater which will flow toward the west and the Quendall Terminals Superfund site. This will increase the contaminants leaching to Lake Washington from beneath the Quendall site. The toxics in turn will affect the health and safety of the lake for both humans and fish and animal populations. 14. The appellants base much of the appeal on the declaration of Joel Massmann in particular, the following paragraphs: Hawk's Landing Mixed Use ani _ PA Appeal File No.: LUA-09-060, ECF, SA -M, SA -H September 10, 2009 Page 16 "7. A reduction in impervious surface would increase groundwater recharge at the project site. Based on typical rates of groundwater recharge in similar hydrogeologic environments, groundwater recharge may increase by approximately 1 to 2 acre-feet per year for each acre of impervious surface that is deconstructed. This is equivalent to an average runoff of 900 to 1,800 gallons per day for each acre of impervious surface that is deconstructed. 8. The estimated increase in groundwater recharge at the project site as a result of the proposed project is approximately 4 to 8 acre-feet per year (3,570 to 7,140 gallons per day). This estimate was developed assuming 4 acres of impervious surface could be deconstructed as part of the proposed development. 11 _ Increased groundwater recharge on the project site will likely increase the rate of contaminant discharge from the Quendall Terminals site of Lake Washington. This conclusion is based on the observed distribution of contamination beneath the Quendall Terminal site and on the inferred groundwater flow direction from the project site." (Declaration of Joel Massmann) 15. The applicant's submissions and testimony indicate that the feature called a "rain garden" will be installed. The applicant's "rain garden" is designed as a water collection system which captures and treats stormwater collected on the subject site and then conveys it to the same drainage ditch that has been conveying stormwater from the site in the past. Therefore, even if the above numbers are correct, the fact that the applicant proposes capturing most of the stormwater and conveying it to the existing ditch and then into May Creek, makes the numbers and probably the conclusions of the Massmann declaration inconsequential. If much of the stormwater is captured then it will not be entering or recharging the groundwater and will not exacerbate leaching of contaminants into the lake from the Quendall site. 16. There was some confusion or disagreement over whether the applicant's proposed rain garden installation would function to cleanse or treat pollutants. It may not meet the normal definitions for a "rain garden." If a review shows the proposed design is not suitable for its intended purpose than it should not be used. The applicant is still bound by the 2005 King County manual for detention, retention and treatment. The appellants also attempted to appeal the Master Site Plan as part of their original submission. There was no Master Site Plan decision issued when the appeal was filed. As a matter of fact, one of the land use decisions for which the SEPA appeal was filed was for a review of the Master Site Plan by the Hearing Examiner. CONCLUSIONS: 1. The decision of the governmental agency acting as the responsible official is entitled to substantial weight. Therefore, the determination of the Environmental Review Committee (ERC), the city's responsible official, is entitled to be maintained unless the appellant clearly demonstrates that the determination was in error. The appellant has failed to demonstrate error. 2. The Determination of Non -Significance in this case is entitled to substantial weight and will not be reversed or modified unless it can be found that the decision is "clearly erroneous." (Hayden v. Port Townsend, 93 Wn 2nd 870, 880; 1980). The court in citing Norway Hill Preservation and Protection Association v. King County Council, 87 Wn 2d 2677 274; 1976, stated: "A finding is 'clearly erroneous' Hawk's Landing Mixed Use and . ,PA Appeal File No.: LUA-09-060, ECF, SA -M, SA -H September 10, 2009 Page 17 when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed." Therefore, the determination of the ERC will not be modified or reversed if it can meet the above test. For reasons enumerated below, the decision of the ERC is affirmed. 3. The clearly erroneous test has generally been applied when an action results in a DNS since the test is less demanding on the appellant. The reason is that SEPA requires a thorough examination of the environmental consequences of an action. The courts have, therefore, made it easier to reverse a DNS. A second test, the "arbitrary and capricious" test is generally applied when a determination of significance (DS) is issued. In this second test an appellant would have to show that the decision clearly flies in the face of reason since a DS is more protective of the environment since it results in the preparation of a full disclosure document, an Environmental Impact Statement. 4. An action is determined to have a significant adverse impact on the quality of the environment if more than a moderate impact on the quality of the environment is a reasonable probability. (Norway, at 278). Since the Court spoke in Norway, WAC 197-11-794 has been adopted, it defines "significant" as follows: Significant. (1) "Significant" as used in SEPA means a reasonable likelihood of more than a moderate adverse impact on environmental quality. (2) Significance involves context and intensity ...Intensity depends on the magnitude and duration of an impact.... The severity of the impact should be weighed along with the likelihood of its occurrence. An impact may be significant if its chance of occurrence is not great, but the resulting environmental impact would be severe if it occurred. Also redefined since the Norway decision was the term "probable." Probable. "Probable" means likely or reasonably likely to occur, ... Probable is used to distinguish likely impacts from those that merely have a possibility of occurring, but are remote or speculative. (WAC 197-11-782). 6. The appellant did not provide a basis that could be used to reverse the City's determination. The proposal will undoubtedly create impacts to the community but they are not substantial, at least, not on the issues the appellants have raised. The appellants have failed to demonstrate that the ERC made a mistake. The applicant will be capturing stormwater water and conveying it in a manner similar to how it was previously conveyed from the subject site. Water will be directed to a rain garden and then be conveyed to the drainage ditch along the west side of the subject site. The water will be treated in the rain garden and while the phrase "rain garden" may not have its normal meaning, infiltration will not follow treatment. The stormwater will be collected, channeled and conveyed to the offsite drainage ditch. It will not be left to percolate into the underlying soils. It will not travel the downhill gradient toward and to Lake Washington. It will not exacerbate pollutants leaching from the contaminated soils into the lake. The post development groundwater quantities suggested by the appellants' evidence is unsupported by the facts. The ERC did not err in its review. 7. The reviewing body has to determine if this proposal would have more than a moderate impact on the quality of the environment. This office is not left with any doubt about the reasonableness of the underlying decision. The appellants have not provided evidence that the ERC erred. The decision Hawk's Landing Mixed Use an YA Appeal File No.: LUA-09-060, ECF, SA -M, SA -H September 10, 2009 Page 18 below is not clearly erroneous and the decision below should be affirmed. 8. The appealing party has a burden that was not met in the instant case. The decision of the ERC must be affirmed. DECISION: The decision of the ERC is affirmed. MASTER SITE PLAN AND SITE PLAN REVIEW FINDINGS CONCLUSIONS & RECOMMENDATION: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS* 1. The applicant, Spencer Alpert, filed a request for a Master Plan Review and Site Plan Review. 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit #1. I The Environmental Review Committee (ERC), the City's responsible official issued a Determination of Non -Significance - Mitigated (DNS -M). 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located 4350 Lake Washington Boulevard North. The subject site is the vacated Pan Abode factory site located on the east side of Lake Washington Boulevard. I-405 is east of the site and its NE 44th Street access ramps are located north of the subject site. 6. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of commercial, office and residential uses, but does not mandate such development without consideration of other policies of the Plan. 7. The subject site is currently zoned COR (Commercial, Office, Residential). In addition to being located in the COR Zone, the subject site is governed by the Urban Design District "C" overlay regulations. The COR requirements also require all development to undergo both Master Plan and Site Plan review. The Master Plan review is an overview of a project to determine the overall project concept and how the project meets the City's goals. 8. The subject site was annexed to the City with the adoption of Ordinance 1804 enacted in December 1959. 9. The applicant proposes developing approximately 3.07 acres of an approximately 7.8 acre site. The subject site is generally trapazoidal in shape. The south property line is approximately 732 feet (east to west). The western, Lake Washington Blvd frontage is approximately 800 feet long. The eastern and northeast property lines together are approximately 900 feet long. At the north end of what appears to be part of the parcel is City of Renton property abutting the I-405 ramps. The applicant has requested a vacation of this property. Hawk's Landing Mixed Use a EPA Appeal File No.: LUA-09-060, ECF, SA -M, SA -H September 10, 2009 Page 19 10. The south portion of the subject site contains regulated slopes, seismic hazards and flood hazards. The applicant proposes an estimated 4,450 cubic yards of cut and approximately 15,000 cubic yards of fill for construction. 11. May Creek, a Class 1 shoreline of the state, and at least two associated wetlands are located south of the subject site. Any development within 200 feet of May Creek would be subject to the Shorelines Substantial Development Permit and Shorelines Management regulations. The applicant's proposed development will be outside of the 200 foot threshold and staff determined that it is not subject to those regulations. A drainage ditch along the City right-of-way runs along the west side of the property. The ditch is a non-regulated stream with associated non-regulated wetlands. (Wetland and Stream study for the project). 12. The tree inventory showed 32 existing trees. The applicant proposes replacing those with 73 new trees and other landscaping (see below). 13. The applicant will be demolishing the existing warehouse structures that cover the 3.07 acres proposed for the hotel. The applicant will be retaining the other building on the remaining 4.73 acres_ There will be no development or demolition within 200 feet of May Creek. 14. The applicant proposes developing a 5 -story hotel on the north portion or 3.07 acres of the site. The 173 room hotel building will be 60 feet tall and contain 122,000 square feet of interior space. It will have a footprint of approximately 29,336 square feet. The complex will also contain retail space, fitness center, spa, conference space, banquet facilities and a restaurant. There will be underground parking. 15. The hotel's footprint will be L-shaped. The long leg of the "L", oriented north to south, will face Lake Washington Boulevard. The short leg will be oriented east to west along the north end of the parcel. A plaza with water feature will be located in the crook of the "L". Parking wilI generally be located east of the building. 16. The applicant will be using a variety of materials for the exterior of the building. It will contain stone veneer, hardie shingles, lap siding and metal roofs. There will be "northwest" style overhangs and trusses. The appearance is intended to complement the development of the Barbee Mill plat west of Lake Washington Boulevard. The COR Zone and the Urban Design District require both vertical and horizontal modulation a minimum of 2 feet at an interval of 40 feet to add interest and quality to the project. Additionally, there is to be a building setback of 10 feet for buildings over 50 feet in height. The plans show that the building does meet the horizontal and vertical modulations and that the top story observes an approximately 12 -foot setback for most of that story and varies from zero feet to 39.5 feet. Staff has suggested that does meet the intent and with the variety of eaves, trusses, bump -outs, baIconies and differentiated materials it more than meets the spirit of the "guidelines." 17. The entry from the east side or parking areas will be set off by the water feature that contains a Koi pond and pedestrian bridge. The Lake Washington entry will have a canopy- 18. anopy_ IS. Landscaping in the COR zone is developed as part of the Site Plan review process but is also governed by landscape requirements for surface parking lots. Along with the 73 new trees replacing the 32 that would be removed, the applicant proposes approximately 39,000 square feet of landscaping. New Iandscaping would be installed around the perimeter of the subject site, around the perimeter of the hotel building and in and around the parking Iot. The landscaping will be confined to the 3.07 acres that the applicant proposes developing with the hotel. Street trees will be planted along. Lake Washington Hawk's Landing Mixed Use an PA Appeal File No.: LUA-09-060, ECF, SA -M, SA -H September 10, 2009 Page 20 Boulevard and will be spaced 30 feet on center. A large variety of other landscape plants will be used throughout the site. The applicant did not submit the necessary irrigation plan. Parking lots with 100 or more stalls require 35 square feet of landscaping per stall, a minimum of 5 feet in width, 1 tree per 6 stalls, 5 shrubs per100 square feet and Iandscaping within 50 feet of parking stalls. Staff calculated that the submitted plans meet the minimum requirements. 19. Staff has calculated the required parking based on use as a minimum of 223 and a maximum of 23 5 stalls and the applicant proposes 231 stalls, meeting code. There would be 107 stalls in the parking garage, and 124 surface stalls including 6 ADA stalls and stalls for five Neighborhood Electric Vehicles. Staff noted that for parking lots of this size 7 ADA stalls are required. Staff noted that both parking areas meet code for dimensions and compact stalls. 20. Lot coverage permitted in the COR zone for a building with surface parking is 65 percent. The proposed 29,336 square foot building covers approximately 22 percent of the 3.08 acres proposed for the hotel complex. The setback from the freeway is a required 10 feet whereas other setbacks are determined during site plan review. The applicant proposes a 20 foot setback from Lake Washington Boulevard, its apparent front yard, 60 feet from the north property line, 129 feet from its eastern, freeway property line and 418 feet from the south property line (including the acreage outside of the 3.07 acres). The zone permits buildings of 125 feet or 10 stories whereas 60 feet and five stories are proposed. 21. The applicant will provide access to the subject site via two locations. One driveway will be located along the north boundary of the subject site. The second, main driveway will be a more formal, two- lane gateway driveway at Lake Washington Boulevard located south of the hotel building. 22. Garbage and recycling areas are determined by use but hotels are not specifically identified. Staff evaluated the use as an office use that would require approximately 732 square feet of space and considered the fact that the applicant will be using a trash compactor in determining that the proposed 379.52 feet was adequate. The applicant has requested that this refuge complex not contain the roof required by the minimum standards since it requires dumpsters be moved out for collection since the dumpsters cannot be raised to truck level with a roof enclosure. 23. The development will increase traffic approximately 1,400 trips. There will be approximately 97 a.m. trips and 102 p.m. trips. The City's estimate of 1,413 trips matches the numbers predicted by the applicant. 24. As part of the development of the subject site the applicant proposes raising the grade of the site to match Lake Washington Boulevard. This will expose the hotel to the general public and allow the public to enter the site from surrounding sidewalks and trails. 25. Staff in its matrix chart has identified compliance, partial compliance or failure to meet the District C Design Guidelines minimum standards as well as suggested guidelines. That matrix is adopted by this office and incorporated into this report by reference. Particular reference is made to lighting for safety and not spilling off the site, facade treatment along the Lake Washington frontage lacking character elements to break up blank or rather unadorned lengths of facade, pedestrian paths in the parking areas and sufficient to provide both a trail link and pedestrian link around the site and connecting to the May Creek and King County paths and trails. 26. No Planned Action Ordinance was adopted for this site. Hawk's Landing Mixed Use and br,1'A Appeal File No.: LUA-09-060, ECF, SA -M, SA -H September 10, 2009 Page 21 27. Stormwater will be collected and conveyed to what the applicant terms a rain garden for treatment and then conveyed to an offsite ditch that runs along the west side of the site. The ditch conveys water to May Creek and then Lake Washington. As discussed in the SEPA Appeal decision issued with this project, the proposal will not be using infiltration and the stormwater will not be exacerbating any issues with pollutants from the Quendall Terminals site discharging into Lake Washington. The applicant will be governed by City, State and Federal regulations regarding discharges from the subject site. 28. Sewer and water are provided to the subject site by the City. CONCLUSIONS: The project is subject to both Master Plan and Site Plan review as well as review under the District C Design Guidelines and the COR special considerations. The fact that only one building is involved in this proposal makes consideration of Master Planning for the subject site mirror the Site Plan review standards. While the building will contain a mix of uses including a restaurant was well as the Hauch larger hotel, these various uses are included in the one facade scheme. It would make more sense to invoke the Master Plan review when the remainder of the 7.8 acre site is developed to make sure it is well coordinated with this current hotel complex. 2. The site plan ordinance provides a number of specific criteria for reviewing a site plan. Those criteria are generally represented in part by the following enumeration: a. Conformance with the Comprehensive Plan; b. Conformance with the Building and Zoning Codes; C. Mitigation of impacts on surrounding properties and uses; d. Mitigation of the impacts of the proposal on the subject site itself; e. Conservation of property values; f. Provision for safe and efficient vehicle and pedestrian circulation; g. Provision of adequate light and air, h. Adequacy of public services to accommodate the proposed use; The proposed use satisfies these and other particulars of the ordinance. The Comprehensive Plan's designation for this area is for the development of larger scale commercial, office and residential uses befitting what are some of the larger parcels in the City. Many COR parcels were used for industrial production that dedicated larger swaths of lands for those purposes. As some of those industrial uses have moved away, the land is available for larger projects. The proposed hotel, especially in conjunction with the Seahawk's training complex is such a large scale project. The hotel is a kind of mixed use - temporary residences for patrons while a commercial operation. The hotel will also integrate a restaurant and retail uses into the mix. The proposal is compatible with the goal of transforming old industrial sites into high quality development. 4. The proposal in the main is compatible with the Zoning Code. It meets the height and setback Hawk's Landing Mixed Use an ;PA Appeal File No.: LUA-09-060, ECF, SA -M, SA -H September 10, 2009 Page 22 requirements of the code. It provides the complement of parking required. It meets the design details for modulation and articulation found in the Code and in the District C Design Guidelines. The top floor does not completely abide by the suggested setbacks from lower floors but on average exceeds those setbacks and greatly exceeds those setbacks on many of the top floor's facades. Staff found it was an appropriate design. Similarly, staff found that the proposal meets the code requirements for garbage and recycling and in comparison to the overall size and bulk of the facility and it appears staff is correct_ This office does have some problems with the fact that the roof required appears to conflict with actual pickup services by garbage/recycle handlers. Staff and the City need to review these issues. Compliance with actual Building and Fire Code provisions will be verified when appropriate detailed permits are submitted. 5. The building will be taller than the former warehouse uses on the subject site but it certainly is more graciously designed. It will be taller than the residential uses west of Lake Washington Boulevard but shorter than the nearby training center. It will provide a buffer from I-405 and a transition from the freeway interchange to the residential uses Iocated along Lake Washington Boulevard. The State has asked for mitigation and that is incorporated into the ERC's conditions. Turn lanes should mitigate impacts of traffic along Lake Washington Boulevard. The nature of the trips will also be different from the former industrial use of the site. An appeal was filed of the ERC's decision. That appeal was directed at minimizing the potential impacts of converting a large area of impermeable surface to a new hotel facility. There was a misunderstanding of how stormwater would be handled. The appeal was denied but issues raised in that appeal can be further clarified in the Site Plan review. The site will still be conveying its storm waters to May Creek and Lake Washington. Those waters should be handled with respect and appropriately treated by whatever water retention, detention or "rain garden" feature is used. The applicant should use best available science in treating stormwater before conveying it to the roadside ditch. There is no reason to jeopardize May Creek and/or Lake Washington with pollutants created or collected on this site's paved or treated landscaping areas. The proposal will replace old warehouses with a modern hotel with substantial exterior appeal. The building will use a variety of materials to break up the apparent bulk of the building and will add appreciably to the Iandscaping on the site as well as along Lake Washington Boulevard. The longest facade treatment along Lake Washington Boulevard has a number of horizontal and vertical breaks providing an interesting appearance. Coupled with the variety of materials, wood, hardie board, veneer treatments as well as roof trusses all add to the visual variety the building presents to the public. Staff has noted that additional opening in what are considered blank walls will be needed along this facade to comply with code and provide the visual interest of the building. There will be perimeter landscaping added around the hotel and around the general site. The applicant will be providing street trees along Lake Washington Boulevard for the extent of the development proposal. The applicant should provide landscaping along the remainder of Lake Washington Boulevard and along the eastern and southern perimeter of the parking areas. The Master Plan process does include "master planning" for the entire subject site. While the applicant is trying to confine its footprint, the spare nature of the remaining site will detract from what appears to be a quality image. Therefore, the remaining acreage should be incorporated at least minimally. The Master Plan cannot escape that there is a much larger site that suffers from old, deteriorating buildings that will reflect on the current proposal. This office believes that the applicant and staff can work on a plan that accommodates additional landscaping, even temporary landscaping in planter boxes with some larger trees to screen or breakup the view of the background unsightly portions of the site east and west of the parking areas. Additionally, the applicant should plant additional street trees along the remaining Lake Washington Boulevard frontage at the same ratio and species as on the north frontage. Hawk's Landing Mixed Use and 3r -PA Appeal File No.: LUA-09-060, ECP, SA -M, SA -H September 10, 2009 Page 23 7. The redevelopment of this now underutilized site will help increase the tax base of the City and the removal of old warehouses should conserve if not increase property values. Obviously, there will be more general hubbub and traffic than a vacant warehousing site produces. These were anticipated when the Comprehensive Plan and zoning were enacted for this site and this area. Redevelopment of this site is a vital element of the City's objectives for this area. The internal circulation and the pedestrian paths seem generally appropriate. Distinctive marking to provide visual separation of pedestrian routes from vehicular crossings may need better definition. As indicated by staff, this site connects trails in the vicinity and the applicant should make appropriate provisions for trail users as well as general pedestrian traffic. Staffs recommendations on path width are appropriate. 9. While the building and bulk are larger than what is on the site, clearly the proposed 60 foot height is substantially Iess than permitted in the zone. In addition, the generous setbacks provided as well as the width of 1-405 and Lake Washington Boulevard will aid in letting air and light penetrate the subject site as well as surrounding properties. 10. As noted, there will be more comings and goings from this site than the community is used to but development has occurred to its west and that has already introduced more urban tumult. There will be the usual but temporary construction noise and 1-405 already adds to the ambient noise levels in this area. 11. There are available urban services including sewer and water. The applicant will be paying a Fire Mitigation fee. 12. The redevelopment of the site will counter the neighborhood deterioration and blight that the current site represents. The project looks very well-designed and should be an asset to the community and City as a whole. 13. The project is also required to comply with the COR Zone special review criteria as well as the District C Design Guidelines. As discussed above, this office has adopted staffs analysis and recommendations regarding compliance with those numerous criteria. Some of the thematic requirements overlap the broad review of the Site Plan criteria. Specific requirements were covered by the Staff review and are incorporated into this report. They are attached to the end of this report. 14_ The special criteria for the COR zone include: a. The plan is consistent with a Planned Action Ordinance, if applicable. b. The plan creates a compact, urban development that includes a compatible mix of uses that meets the Comprehensive Plan vision and policy statements for the Commercial -Office - Residential Comprehensive Plan designation. C. The plan incorporates public and private open spaces to provide adequate areas for passive and active recreation by the occupants/users of the site, and/or to protect existing natural systems. d. The plan provides view corridors to the shoreline area and Mt. Rainier where applicable. e. Public access is provided to water and/or shoreline areas; Hawk's Landing Mixed Use an PA Appeal File No.: LUA-09-060, ECF, SA -M, SA -H September 10, 2009 Page 24 f. The plan provides distinctive focal points such as public area plazas, prominent architectural features, or other items. g. Public and/or private streets are arranged in a layout that provides reasonable access to property and supports the land use envisioned. h. The plan accommodates and promotes transit, pedestrian, and other alternative modes of transportation. 15. No Planned action ordinance is involved in this review. The property does not lie along Lake Washington. The height of the building should provide views of the lake and view corridors might exist between the homes on the west side of the boulevard. The project will accommodate the trail as well as retail shops and a restaurant open to the public. The Koi pond, bridge and paths as well as the prominent entry and facade features provide a focal point. Transportation fees as well as accommodations to the State and turning lanes will provide reasonable access to the subject site. At the moment, public transit does not travel this route. The applicant has expressed a willingness to accommodate such access. 16. In conclusion, the proposed use complements activity that has been occurring in this area. It is hoped that the development of the north portion of this site will spur redevelopment of the southern portion. DECISION: The Site Plan is approved subject to the following conditions: 1. A detailed landscape plan and irrigation plan shall be prepared by a landscape architect registered in the State of Washington, a certified nurseryman, or other similarly qualified professional, and be submitted by the applicant and approved by the Current Planning Project Manager prior to issuance of the building permit. 2. The applicant shall provide a revised site plan that depicts 7 ADA parking spaces. The revised site plan shall be submitted by the applicant and approved by the Current Planning Project Manager prior to issuance of construction permit. 3. The applicant shall submit an access driveway grade cross section indicating compliance with RMC 4- 4-080.1.6.b to be submitted by the applicant and approved by the Current Planning Project Manager prior to issuance of construction permit. 4. The street vacation, file # VAC -09-001, shall be completed prior to Certificate of Final Occupancy. 5. The applicant shall redesign the west elevation to feature a pedestrian -oriented fagade. The new elevation drawings shall be submitted to the Department of Community and Economic Development project manager for review and approval prior to building permit approval. 6. The applicant shall submit a new site plan that indicates the entire pedestrian pathways through the parking lot as a different material or texture from the adjacent paving prior to building permit approval. This site plan shall be reviewed and approved by the Department of Community and Economic Development project manager. 7. The applicant shall provide an updated site plan to the City of Renton Current Planning Project Manager indicating 12 -foot sidewalk widths and a I 0 -foot wide landscape strip along the frontage of the 3.07 acres of the development site, prior to construction permit approval. 8. The applicant shall be required to provide a lighting plan that adequately provides for public safety without casting excessive glare on adjacent properties to the Current Planning Project Manager for Hawk's Landing Mixed Use anu oj�PA Appeal File No.: LUA-09-060, ECF, SA -M, SA -H September 10, 2009 Page 25 review and approval at the time of building permit review. 9. The applicant shall use best available science in treating stormwater before conveying it to the roadside ditch. The stormwater shall be treated by whatever means including water retention, detention or "rain garden" feature in order to reduce pollution entering the ditch and then May Creek. The development shall not jeopardize May Creek and/or Lake Washington with pollutants created or collected on this site's paved or treated landscaping areas. 10. The applicant and staff shall work on a plan that accommodates additional landscaping, even temporary landscaping in planter boxes with some larger trees to screen or breakup the view of the background unsightly portions of the site east and west of the parking areas. Additionally, the applicant should plant additional street trees along the remaining Lake Washington Boulevard frontage at the same ratio and species as is planted along the north frontage ORDERED THIS Ioth day of September 2009. FRED J. KA MAN HEARING EXAMINER TRANSMITTED THIS 10" day of September 2009 to the parties of record: Spencer Alpert Alpert International, LLP 10218 Richwood Ave NW Seattle, WA 98177 Greg Fawcett PO Box 402 Fall City, WA 98024 Keith Scully Gendler & Mann 1424 Fourth Ave, Ste. 1015 Seattle, WA 98103 Jack McCullough McCullough Hill, PS 701 Fifth Ave, Ste. 7220 Seattle, WA 98104 Pat Severin Sound Development Group 15214 Avon -Allen Rd. Mt. Vernon, WA 98273 Steve Van Til Port Quendall Company 505 Union Station 505 Fifth Ave S, Ste_ 900 Seattle, WA 98104 Larry Reymann 1313 N 38'h Street Renton, WA 98056 Mr. Brad Nicholson Attn: Keith Scully 1424 Fourth Ave., Ste. 1015 Seattle, WA 98103 Jessie Clawson McCullough Hill, PS 701 Fifth Ave, Ste. 7220 Seattle, WA 98104 Geraldine Reinart, PE 159 Denny Way #I I I Seattle, WA 98109 Rich Wagner Baylis Architects 10801 Main Street Bellevue, WA 98004 Frank and Carrie Lord 4041 2324 Ave SE Sammamish, WA 98075 Dr. Joel Massmann 6520 E Mercer Way Mercer Island, WA 98040 Dan Mitzel 11 i Cleveland Avenue Mt. Vernon, WA 98273 Pat Bunting 3643 Leg Road Bow, WA 98232 Mel Maertz Ann Nielsen Vanessa Dolbee 16921 Larch Way Assistant City Attorney Associate Planner Lynnwood, WA City of Renton City of Renton Hawk's Landing Mixed Use an_ -SPA Appeal File No.: LUA-09-060, ECF, SA -M, SA -H September 10, 2009 Page 26 Kayren Kittrick Community and Economic Development TRANSMITTED THIS 10`4 day of September 2009 to the following: Mayor Denis Law Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Marty Wine, Assistant CAO Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services Dave Pargas, Fire Larry Meckling, Building Official Planning Commission Transpiration Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services Renton Reporter Pursuant to Title N, Chapter 8, Section 100Gof the City's Code, reuuest for reconsideration must be tiled in writing on or before 5:00 .m. September 24 2009. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision_ This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writine on or before 5:00 .m. September 24 2009. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be re uired prior to approval by City Council or final Processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision -maker concerning the proposal. Decision -makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. ^J Z w w. 'y111 a � � ff y �yy �� v v 5aro /YAWD114 31VIS931NI _r.6PI i Z .a a v 4 r � z� �r m X w ppppA v`�o9°D y �yy �� =5o A ow \ W `h r � a �r m X w l r"d 3 EqqA S� O i J C7 O 2 W m F g A F— 1-4 co x W t " a is a w b, �• �..: 3z � � � 6S s i i � � � �` � R R � �9e R $ �3�55i gg gg l r"d 3 EqqA S� O i J C7 O 2 W m F g A F— 1-4 co x W Ffl�T,� x � � IRR man i [ORR we Jul MI I NOR Me .IOWA pm a� l U-4 In a MM r-;: tax, I 1 .9 ;i !� t .I I - -1 ifgri 11 ;pyI E 51 RIP I § j 110. IV. TAH co --- ---------- I Nil Oft; x3yeLls --- ---------- I Nil a. Review of Compliance to District C Design Guidelines; The subject property is located within Design District 'C'. The proposed project must meet the intent of the Design Regulations where the regulations are applicable_ As demonstrated in the table below the proposal meets the intent of the Design Regulations on the basis of individual merit if all conditions of approval are met. Two categories have been established: (a) "minimum standards" that must be met, and (b) "guidelines' that, while not mandatory, are considered in determining if the proposed action meets the intent of the design guidelines. The following are the categories for compliance: M=Met NM=Not Met PM= Partially Met NA= Not Applicable A. SITE DESIGN AND BUILDING LOCATION: Intent: To ensure that buildings are located in relation to streets and other buildings so that the Vision of the City of Renton can be realized for a high-density urban environment; so that businesses enjoy visibility from public rights-of-way; and to a miraop nadPstrian activity throughout the district. 1. Site Design and Street Pattern: Intent: To ensure that the City of Renton Vision can be realized within the Urban Center Districts; plan districts that are organized for efficiency while maintaining flexibility for future development at high urban densities and intensities of use; create and maintain a safe, convenient network of streets of varying dimensions for vehicle circulation; and provide service to businesses. Minimum Standard: Provide a network of public and/or private local streets in addition to public arterials. Minimum Standard: Maintain a hierarchy of streets to provide organized circulation that promotes use by multiple transportation modes and to avoid overburdening the roadway system. The hierarchy shall consist of (from greatest in size to smallest): (a) High Visibility Street. A highly visible arterial street that warrants special design treatment to improve its appearance and maintain its transportation function. (b) Arterial Street. A street classified as a principal arterial on the CiWs Arterial Street Plan. (c) Pedestrian -Oriented Streets. Streets that are intended to feature a concentration of pedestrian activity. Such streets feature slow moving traffic, narrow travel lanes, on -street parking, and wide sidewalks. Internal or local roads (public or 2. Building Location and Orientation: Intent: To ensure visibility of businesses; establish active, lively uses along sidewalks and pedestrian pathways; organize buildings in such a way that pedestrian use of the district is facilitated; encourage siting of structures so that natural light and solar access are available to other structures and open space; enhance the visual character and definition of streets within the district; provide an appropriate transition between buildings, parking areas, and other land uses and the street; and increase privacy for residential uses located near the street. Minimum Standard: Buildings on designated pedestrian -oriented streets shall feature "pedestrian -oriented facades" and clear connections to the sidewalk (see illustration, RMC 4-3-100E7a). Such buildings shall be located adjacent to the sidewalk, except where pedestrian -oriented space is located between the building and the sidewalk. Parking between the building and pedestrian -oriented streets is prohibited Minimum Standard. Buildings fronting on pedestrian -oriented streets shall contain pedestrian -oriented uses. Minimum Standard: Nonresidential buildings may be located directly adjacent to any street as long as they feature a pedestrian -oriented facade Staff Comment. The majority of the fafade facing Lake Washington Boulevard would be incompliance with this minimum standard with the exception of south half of this facade on the ground floor. Approximately 62 feet of the southern side of the fapade is not designed to meet this standard. This 61 feet is designed with stone veneer and vertical siding. As such, staff recommends a condition of approval that the applicant redesign the west elevation to feature a pedestrian - oriented fagode. The new elevation drawings shall be submitted to the Department of Community and Economic Development for review and opprovol by the project manager prior to building permit approval. Minimum Standard: Buildings containing street -level residential uses and single -purpose residential buildings shall be set back from the sidewalk a minimum of 10 feet and feature substantial landscaping between the sidewalk and the building (see illustration, RMC 4-3-1000b) Minimum Standard: If buildings do not feature pedestrian -oriented facades they shall have substantial landscaping between the sidewalk and building. Such landscaping shall be at least 10 feet in width as measured from the sidewalk (see illustration, RMC 4-3-10DE7c). Guideline: Siting of a structure should take into consideration the continued availability of natural light {both direct and reflected) and direct sun exposure to nearby buildings and open space (except parking areas). Guideline: Ground floor residential uses located near the street should be raised above street level for residents` 3. Building Entries: Intent: To make building entrances convenient to locate and easy to access, and ensure that building entries further the pedestrian nature of the fronting sidewalk and the urban character of the district. Minimum Standard: Multiple buildings on the same site should provide a continuous network of pedestrian paths and open spaces that incorporate landscaping to provide a directed view to building entries. Minimum Standard: Ground floor units should be directly accessible from the street or an open space such as a courtyard or garden that is accessible from the street. Minimum Standard: 5econdary access (not fronting on a street) should have weather protection at least 4-1/2 feet wide over the entrance or other similar indicator of access. Minimum Standard: Pedestrian access should be provided to the building from property edges, adjacent lots, abutting street intersections, crosswalks, and transit stops. Minimum Standard: Features such as entries, lobbies, and display windows should be oriented to a street or pedestrian - oriented space; otherwise, screening or decorative features such as trellises, artwork, murals, landscaping, or combinations thereof should be incorporated into the street -oriented facade. Guideline: For projectsthat include residential uses, entries should provide transition space between the public street and the private residence such as a porch, landscaped area, terrace, common area, lobby, or similar feature. 4. Transition to Surrounding Development: Intent: To shape redevelopment projects so that the character and value of Renton's long-established, existing neighborhoods are preserved. 5. Service Element Location and Design: Intent: To reduce the potential negative impacts of service elements (i.e_, waste receptacles, loading docks) by locating service and loading areas away from high-volume pedestrian areas, and screening them from view in high visibility areas_ Minimum Standard: Service elements shall be located and designed to minimize the impacts on the pedestrian environment and adjacent uses. Service elements shall be concentrated and located where they are accessible to service vehicles and convenient for tenant use (see illustration, RMC 4-3-100E7e)_ Minimum Standard: Garbage, recycling collection, and utility areas shall be enclosed, consistent with RMC 4-4-090. Refuse and Recyclables Standards, and RMC 4-4-095, Screening and Storage Height/Location Limitations. Minimum Standard: In addition to standard enclosure requirements, garbage, recycling collection, and utility areas shall be enclosed on all sides, including the roof and screened around their perimeter by a wail or fence and have self-closing doors (see illustration, RMC 44- ,-_1o0E7f). Staff Comment: The proposed enclosure for the garbage and recycling collection area includes screening on oll sides with the exception of a roof. The applicant has indicated that if a roof was provided then the dumpsters would have to be pushed or maneuvered out of the enclosure for collection because the collection trucks need to lift the dumpster to empty it into the truck. In order for the dumpsters to be directly lifted from the enclosure the exemption of the roof would be required As such, sLC recommends approval of this modification. Minimum Standard: The use of chain link plastic, or wire fencing is prohibited. Minimum Standard: If the service area is adjacent to a street, pathway, or pedestrian -oriented space, a landscaped planting strip, minimum 3 feet wide, shall be located on 3 sides of such facility. Guideline: Service enclosure fences should be made of masonry, ornamental metal or wood, or some combination of the three. 6. Gateways: Intent: To distinguish gateways as primary entrances to districts or to the City; provide special design features and architectural elements at gateways; and ensure that gateways, while they are distinctive within the context of the district, are compatible with the district in form and scale. Minimum Standard: Developments located at district gateways shalt be marked with visually prominent features (see illustration, subsection RMC 4-3.100.E7g). Minimum Standard: Gateway elements shall be oriented toward and scaled for both pedestrians and vehicles (see illustration, subsection RMC 4-3-100.E7h)_ Minimum Standard. Visual prominence shall be distinguished by two or more of the following a. Public art; b. Monuments; c_ Special landscape treatment; d. open space/plaza; e. Identifying building form; f. Special paving, unique pedestrian scale lighting, or bollards; g. Prominent architectural features (trellis, arbor, pergola, or gazebo); h. Signage, displaying neighborhood or district entry identification (commercial signs are not allowed). P B. PARKING AND VEHICULAR ACCESS: M Intent: To provide safe, convenient access to the Urban Center and the Center Village; incorporate various modes of transportation, including public mass transit, in order to reduce traffic volumes and other impacts from vehicles; ensure sufficient parking is provided, while encouraging creativity in reducing the impacts of parking areas; allow an active pedestrian environment by maintaining contiguous street frontages, without parking lot siting along sidewalks and building facades; minimize the visual impact of parking lots; and use access streets and parking to maintain an urban edge to the district_ 1. Location of Parking: Intent: To maintain active pedestrian environments along streets by placing parking lots primarily in back of buildings. Minimum Standard. On Designated Pedestrian -Oriented Streets: =` 'U1 L-A VN (a) Parking shall be at the side and/or rear of a building, with the exception of on -street parallel parking_ No more than 60 feet of the street frontage measured parallel to the curb shall be occupied by off-street parking and vehicular access. (b) On -street parallel parking spaces located adjacent to the site can be included in calculation of required parking. For parking ratios based on use and zone, see RMC 4-4-080 Parking, Loading and Driveway Regulations. (c) On -street parallel parking shall be required on both sides of the street. Minimum Standard: All parking lots located between a building and street or visible from a street shall feature landscaping between the sidewalk and building; see RMC 4-4-080F, Parking Lot Design Standards. Minimum Standard: The applicant must successfully demonstrate that the surface parking lot is designed to facilitate,.:0, Ell future structured parking and/or other infill development. For example, an appropriate surface parking area would feature a one thousand five hundred foot (1,500') maximum perimeter area and a minimum dimension on one side of two hundred feet (200'), unless project proponent can demonstrate future alternative use of the area would be physically possible. Exception: If there are size constraints inherent in the original parcel (see illustration, subsection F5a of this Section). Staff Comment: The proposed surface parking lot does not meet the minimum requirement of 1,500 feet of perimeter area. in addition, preliminary design and discussion with the applicant indicated that this proposed surface parking lot would remain with full build out of the subject site. Lake Washington Boulevard is the only access to the subject site, which results in the requirement to provide internal vehicular circulation for the subject parcel. in order for there to be sufficient internal circulation at o future date, this surface parking lot would be required. As such, stuff recommends approval of the surface parking lot as proposed. Guideline: In areas of mixed use development, shared parking is recommended. ZLA Guideline: If a limited number of parking spaces are made available in front of a building for passenger drop-off and w? , pick-up, they shall be parallel to the building fayade. Guideline: When fronting on streets not designated as pedestrian -oriented, parking lots should be located on the c interior portions of blocks and screened from the surrounding roadways by buildings, landscaping and/or gateway features as dictated by location. 2. Design of Surface Parking: Intent: To ensure safety of users of parking areas, convenience to businesses, and reduce the impact of parking lots wherever possible. Minimum Standard: Parking lot lighting shall not spill onto adjacent or abutting properties (see illustration, subsection RMC 4-3-100.F5b). - �taff Comment: See section G. 'Lighting" below - Minimum Standard: All surface parking lots shall be landscaped to reduce their visual impart (see RMC 4-4-08OF7, Landscape Requirements). Guideline: Wherever possible, parking should be configured into small units, connected by landscaped areas to provide r on-site buffering from visual im acts. Guideline: Access to parking modules should be provided by public or private local streets with sidewalks on both sides'r where possible, rather than internal drive aisles. Guideline: Where multiple driveways cannot be avoided, provide landscaping to separate and minimize their impact on the streetscape. 3. Structured Parking Garages: intent: To more efficiently use land needed for vehicle parking; encourage the use of structured parking throughout the Urban Center and the Center Village; physically and visually integrate parking garages with other uses; and reduce the overall impact of parking garages when they are located in proximity to the designated pedestrian environment. Minimum Standard: Parking Structures Fronting,Designated Pedestrian -Oriented Streets: (a) Parking structures shall provide space for ground floor commercial uses along street frontages at a minimum of 7594 of the frontage width (see illustration, subsection RMC 4-3-100-F5c). (b) The entire facade must feature a pedestrian -oriented facade. Minimum Standard: Parking Structures Fronting Non -Pedestrian -Oriented Streets: (a) Parking structures fronting non -pedestrian -oriented streets and not featuring a pedestrian -oriented facade shall be set back at least 6 feet from the sidewalk and feature substantial landscaping - 'this includes a combination of evergreen and decid uou s trees, shrubs, and ground cover. This setback shall be increased to 10 feet adjacent to high visibility streets. (b) The Director may allow a reduced setback where the applicant can successfully demonstrate that the :3 ZJ 1771 landscaped area and/or other design treatment meets the intent of these standards and guidelines. Possible treatments to reduce the setback include landscaping components plus one or more of the following integrated with the architectural design of the building: (1) Ornamental grillwork (other than vertical bars); (2) Decorative artwork; (3) Display windows; (4) Brick, tile, or stone; f5) Pre -cast decorative panels; (6) Vine -covered trellis; (7) Raised landscaping beds with decorative materials; or (g) Other treatments that meet the intent of this standard. (c) Facades shall be articulated architecturally, so as to maintain a human scale and to avoid a solid wall. Vehicular entrances to nonresidential or mixed use parking structures shall be articulated by arches, lintels, masonrytrim, or other architectural elements and/or materials (see illustration, subsection RMC4-3-100.11`5d). Guideline: Parking garage entriesshould be designed and sited to complement, not subordinate, the pedestrian entry. If possible, locate the parking entry away from the primary street, to either the side or rear of the building - Guideline: Pa rking garage entries should not dominate the streetsca pe. Guideline. The design of structured parking at finished grade under a building should minimize the apparent width of garage entries. Guideline: Parking within the building should be enclosed or screened through any combination of walls, decorative 77-1 grilles, or trellis work with landscaping. Guideline: Parking garages should be designed to be complementary with adjacent buildings. Use similar forms, materials, and/or details to enhance garages. Guideline: Parking service and storage functions should be located away from the street edge and generally not be visible from the street or sidewalks - 4. Vehicular Access: Intent: To maintain a contiguous, uninterrupted sidewalk by minimizing, consolidating and/or eliminating vehicular access off streets within pedestrian environments and/or designated pedestrian -oriented streets. Minimum Standard: Parking garages shall be accessed at the rear of buildings or from non -pedestrian -oriented streets MEIEJEJ when available. ❑ ❑ ❑ Minimum Standard: Surface parking driveways are prohibited on pedestrian -oriented streets. Minimum Standard: Parking lot entrances, driveways, and other vehicular access points on high visibility streets shall be restricted to one entrance and exit lane per 500 linear feet as measured horizontally along the street. C. PEDESTRIAN ENVIRONMENT: Intent: To enhance the urban character of development in the urban Center and the Center Village by creating pedestrian networks and by providing strong links from streets and drives to building entrances; make the pedestrian environment safer and more convenient, comfortable, and pleasant to walk between businesses, on sidewalks, to and from access points, and through parking lots; and promote the use of multi -modal and public transportation systems in order to reduce other vehicular traffic. 1. Pathways through Parking tots: Intent: To provide safe and attractive pedestrian connections to buildings, parking garages, and parking lots. Minimum Standard: Clearly delineated pedestrian pathways and/or private streets shall be provided throughout parking areas. Minimum Standard: Within parking areas, pedestrian pathways shall be provided perpendicular to the applicable building facade, at a maximum distance of 150 feet apart (see illustration, subsection RMC 4-3-100-G4a). - 2. Pedestrian Circulation: Intent: To create a network of linkages for pedestrians to improve safety and convenience and enhance the pedestrian environment. Minimum Standard: Developments shall include an integrated pedestrian circulation system that connects buildings, open space, and parking areas with the adjacent street sidewalk system and adjacent properties (see illustration, IT F I subsection RMC4-3-100.G4b). Minimum Standard. Sidewalks located between buildings and streets shall be raised above the level of vehicular travel. Minimum Standard- Pedestrian pathways within parking lots or parking modules shall be differentiated by material or texture from adjacent paving materials (see illustration, subsection RMC 4-3-100.G4c). Staff Comment: The provided plan sets indicate that portions of the pedestrian pathways within the parking lots would be different material or texture from the adjacent paving materials, although there are some portions that appear to be asphalt with striping. As such, stoff recommends as a condition of approval that the applicant submit a new site plant that indicates the entire pedestrian pathways through the parking for as a different material or texture from the adjacent paving prior to building permit approval. This site plan shall be reviewed and approved by the Department of Community and Economic Development project manager, Minimum Standard: Sidewalks and pathways along the facades of buildings shall be of sufficient width to accommodate anticipated numbers of users. Specifically: (a) Sidewalks and pathways along the facades of mixed use and retail buildings 100 or more feet in width (measured along the facade) shall provide sidewalks at least 12 feet in width. The walkway shall include an 8 - foot minimum unobstructed walking surface and street trees (see illustration, subsection RMC-4-3-100.G4d). Staff Comment. The proposed sidewalk width is 10 -feet and the proposed landscape strip is 9 -feet in width. As mentioned above in the project narrative, the City has received Capital improvement Funds, which potently would fund the extension of the May Creek Trail, which would end at the south end of the subject parcel. In order for this trial to continue to the existing King County Trial system located north of the subject site, near,VMAC, the City's Parks Department requested that the sidewalk in this area hove enough width to accommodate a multi -use trial in addition to a traditional sidewalk Hotel patrons and members of the public would be using this sidewalk; in addition, trait users would be utilizing this sidewalk to connect to the grater King County trial system. Bosed on the anticipated number of users in this location, 1 feet would not be appropriate sidewalk width to accommodate anticipated pedestrian traffic. As such, staff recommends a condition of approval that the applicant provide an updated site plan to the City of Renton Project Manager indicating a 12 -foot sidewalk width and a 10 -foot wide landscape strip along the frontage of the 3.07 acres of the development site, Prior to construction permit approval. (b) To increase business visibility and accessibility, breaks in the tree coverage adjacent to major building entries Win' shall be allowed. (c) For all other interior pathways, the proposed walkway shall be of sufficient width to accommodate the anticipated number of users. A 10- 12 foot pathway, for example, can accommodate groups of persons walking four abreast, or two couples passing one another. An 8 foot pathway will accommodate three individuals walking abreast, whereas a smaller 5 — 6 hoot pathway will accommodate two individuals. Minimum Standard: Locate pathways with clear sight lines to increase safety. Landscaping shall not obstruct visibility of walkway or sight lines to building entries. Minimum Standard; All pedestrian walkways shall provide an all-weather walking surface unless the applicant can demonstrate that the proposed surface is appropriate for the anticipated number of users and complementary to the design of the development. Guideline: Through -block connections should be made between buildings, between streets, and to connect sidewalks a.g , ` -' with public spaces. Preferred location for through -block connections is mid -block (see illustration, subsection RMC 4-3- 100.G4e) Guideline. Between buildings of up to and including two stories in height, through -block connections should be at least 6 w- - feetin width Guideline: Between buildings three stories in height or greater, through -block connections should be at least 12 feet in _I r=: r Width . Guideline: Transit stops should be located along designated transit routes a maximum 0.25 mile apart "_=I IF Guideline: As an alternative to some of the required street trees, developments may provide pedestrian-sca led light 17 .,w fixtures at appropriate spacing and no taller than 14 feet in height. No less than one tree or light fixture per 30 lineal feet of the required walkway should be provided Guideline: Delineation of pathways may be through the use of architectural features, such as trellises, railings, low seat - 3;3,. walls, or similar treatment. Guideline: Mid -block connections are desirable where a strong linkage between uses can be established. J1, E f ELI Guideline: Decorative fences, with the exception of chain link fences, may be allowed when appropriate to the situation. 3. Pedestrian Amenities. Intent: To create attractive spaces that unify the building and street environments and are inviting and comfortable for pedestrians; and provide publicly accessible areas that function for a variety of activities, at all times of the year, and under typical seasonal weather conditions. Minimum Standard: Provide pedestrian overhead weather protection in the form of awnings, marquees, canopies, or _' L El building overhangs. These elements shall be a minimum of 4-1/2 feet wide along at least 75 percent of the length of the building facade, a maximum height of 15 feet above the ground elevation, and no lower than 8 feet above ground level. Staff Comment. As proposed, canopies along the fagade fronting take Washington Boulevard exceed the minimum width standards although do not meet the minimum length standards. Canopies have been proposed to be provided for approximately 38.5 percent of the fd�ode or approximately 60 liner feet The 60 feet of the fagode where canopies are proposed is along the portion of the building that would he the least distance (smallest setback) from Lake Washington Boulevard. Although, the proposed hotel design provides modulation along this fapade that brings many portions of the structure back from Lake Washington Boulevard where canopies would not be achieving the desired intend of overhead weather protection As such, staff recommends approval of the proposed 60 liner feet of canopy coverage. Minimum Standard: Site furniture provided in public spaces shall be made of durable, vandal- and weather -resistant materials that do not retain rainwater and can be reasonably maintained over an extended period of time. Minimum Standard: Site furniture and amenities shall not impede or block pedestrian access to public spaces or building entrances. Guideline: Transit shelters, bicycle racks, benches, trash receptacles, and other street furniture should be provided. Guideline: Street amenities such as outdoor group seating, kiosks, fountains, and public art should be provided. Guideline: Architectural elements that incorporate plants, such as facade -mounted planting boxes or trellises or ground - related or hanging containers are encouraged, particularly at building entrances, in publicly accessible spaces, and at facades along pedestrian -oriented streets (see illustration, subsection RMC 4-3-300-G4f). D. LANDSCAPING/RECREATION AREAS/COMMON OPEN SPACE: Intent: To provide visual relief in areas of expansive paving or structures; define logical areas of pedestrian and vehicular circulation; and add to the aesthetic enjoyment of the area by the community. To have areas suitable for both passive and active recreation by residents, workers, and visitors; provide these areas in sufficient amounts and in safe and convenient locations; and provide the opportunity for community gathering in places centrally located and designed to encourage such activity. 1- Landscaping: intent: Landscaping is intended to reinforce the architecture or concept of the area; provide visual and climatic relief in areas of expansive paving or structures; channelize and define logical areas of pedestrian and vehicular circulation; and add to the aesthetic enjoyment of the area by the community. Minimum Standard. All pervious areas shall be landscaped (see RMC 44-070, Landscaping). Minimum Standard. Street trees are required and shall be located between the curb edge and building, as determined by the City of Renton - Minimum Standard: On designated pedestrian -oriented streets, street trees shall be installed with tree grates. For all other streets, street tree treatment shall be as determined by the City of Renton (see illustration, subsection RMC 4 -3 - Minimum Standard. The proposed landscaping shall be consistent with the design intent and program of the building, the site, and use. Minimum Standard: The landscape plan shall demonstrate how the proposed landscaping, through the use of plant material and nonvegetative elements, reinforces the a rchitecture or concept of the development. Minimum Standard: Surface parking areas shall be screened by landscaping in order to reduce views of parked cars from streets (see RMC 4-4-080F7, Landscape Requirements). Such landscaping shall be at least 10 feet in width as measured from the sidewalk (see illustration, subsection RMC 4-3-100.1-13b. Minimum Standard: Trees at an average minimum rate of one tree per 30 lineal feet of street frontage. Permitted tree species are those that reach a mature height of at least 35 feet. Minimum height or caliper at planting shall be eight feet or two inch caliper fas measured four feetfrom the top of the root ball) respectively. Minimum Standard. Shrubs at the minimum rate of one per 20 square feet of landscaped area. Shrubs shall be at least 12 inches tall at planting and have a mature height between three and four feet. Staff Comment. As proposed the shrubs meet the minimum height but the proposed rote of planning is less then one per 20 square feet of londscoped area. The applicant has proposed to use raingardens, within these areas ornamental shrubs are not proposed to be planted. The proposed roingardens reflect the applicants desire to provide a development that minimizes its effects on the environment and/or is green". The raingardens are coiculated into the landscaped area and therefore reduce the ratio of shrubs to landscaped area; as such, staff recommends approval of this modification. Minimum Standard: Ground cover shall be planted in sufficient quantities to provide at least 90 percent coverage of the landscaped area within three years of installation. Minimum Standard: The applicant shall provide a maintenance assurance device, prior to occupancy, for a period of not less than three years and in sufficient amountto ensure required landscape standards have been met by the third year following installation. Minimum Standard: Surface parking with more than 14 stalls shall be landscaped as follows: (1) Required Amount: Total Number ofI Minimum Required Landscape Area* Spaces 1 15 to 50 1 15 square feet/parking space 51 to 99 1 25 square feet/parking space M 100 or more 35 square feet/parking space Landscape area calculations above and planting requirements below exclude perimeter parking lot landscaping areas. (2) Provide trees, shrubs, and ground cover in the required interior parking lot landscape areas. (3) Plant at least one tree for everysix parking spaces. Permitted tree species are those that reach a mature height of at least 35 feet. Minimum height or caliper at planting shall be eight feet or two inch caliper (as measured four . . feet from the top of the root ball) respectively. (4) Plant shrubs at a rate of five per SDD square feet of landscape area. Shrubs shall be at least 16 inches tall atV sl planting and have a mature height between three and four feet, (5) Up to 50 percent of shrubs may be deciduous. (6) Select and plant ground cover so as to provide 90 percent coverage within three years of planting; provided, that mulch is applied until plant coverage is complete. (7) Do not locate a parking stall more than 50 feet from a landscape area. El Minimum Standard: Regular maintenance shall be provided to ensure that plant materials are kept healthy and that dead or dying plant materials are replaced. Minimum Standard: Underground, automatic irrigation systems are required in all landscape areas_ =A Staff Comment: An irrigation plan was notsubmitted as part of the application. Therefore staff recommends, as a condition of approval, the applicant submit an irrigation plan to and be approved by the Current Planning Project Manager prior to construction or building permit approval. Guideline: Landscaping should be used to soften and integrate the bulk of buildings. Guideline: Landscaping should be provided that appropriately provides either screening of unwanted views or focuses ==. attention to preferred views. Guideline: Use of low maintenance, drought -resistant landscape material is encouraged. " t - Guideline: Choice of materials should reflect the level of maintenance that will be available. j Guideline: Seasonal landscaping and container plantings are encouraged, particularly at building entries and in publicly r; accessible spaces. Guideline: Window boxes, containers for plantings, hanging baskets, or other planting feature elements should be made - ofweather-resistant materials that can be reasonably maintained_ Guideline. Landscaping should be used to screen parking lots from adjacent or neighboring properties. 2. Recreation Areas and Common Open Space: Intent: To ensure that districts have areas suitable for both passive and active recreation by residents, workers, and visitors and that these areas are of sufficient size for the intended activity and in convenient locations; create usable, accessible, and inviting open space that is accessible to the public; and promote pedestrian activity on pedestrian -oriented streets particularly at street corners_ Minimum Standard: Mixed use residential and attached housing developments of ten or more dwelling units shall provide a minimum area of common space or recreation area equal to 50 square feet per unit. The common space area shall be aggregated to provide usable area(s) for residents. The location, layout, and proposed type of common space or recreation area shall be subjectto approval by the Director. The required common open space shall be satisfied with one or more of the elements listed below. The Director may require more than one of the following elements for developments having more than 1DD units. (a) Courtyards, plazas, or multi-purpose open spaces; (b) Upper level common decks, patios, terraces, or roof gardens_ Such spaces above the street level must feature views or amenities that are unique to the site and are provided as an asset to the development; (c) Pedestrian corridors dedicated to passive recreation and separate from the public street system; (d) Recreation facilities including, but not limited to, tennis/sports courts, swimming pools, exercise areas, game rooms, or other similar facilities; or (e) Children's play spaces. Minimum Standard: In mixed use residential and attached residential projects, required landscaping, driveways, 771A,;', .. parking, or other vehicular use areas shall not be counted toward the common space requirement or be located in - _ dedicated outdoor recreation or common use areas. Minimum Standard: In mixed use residential and attached residential projects required yard setback areas shall not a=: count toward outdoor recreation and common space unless such areas are developed as private or semi -private (from abutting or adjacent properties) courtyards, plazas or passive use areas containing landscaping and fencing sufficient to create a fully usable area accessible to all residents of the development (see illustration, subsection RMC 4-3-100.1-13c). Minimum Standard: Private decks, balconies, and private ground floor open space shall not count toward the common space/recreation area requirement- equirementMinimum MinimumStandard: in mixed use residential and attached residential projects, other required landscaping and sensitive area buffers without common access links, such as pedestrian trails, shall not be included toward the required recreation common space requirement. imum Standard: All buildings and developments with over 30,000 square feet of nonresidential uses (excludesking Land garage floorplate areas) shall provide pedestrian -oriented space (see illustration, subsection RMC 4-3-100.H3d) ording to the following formula: 1% of the lot area + 1% of the building area = Minimum amount of pedestrian -oriented space Minimum Standard: To qualify as pedestrian -oriented space, the following must be included: El L1 Ei (a) Visual and pedestrian access (including barrier -free access) to the abutting structures from the public right-of- way or a nonvehicular courtyard; (b) Paved walking surfaces of either concrete or approved unit paving; (c) on-site or building -mounted lighting providing at least four foot-candles (average) on the ground; and Staff Comment: See comment under G "Lighting" Below. Staff was unable to determine if the applicant complies with the minimum standards at this time. (d) At least three feet of seating area (bench, ledge, etc.) or one individual seat per 60 square feet of plaza area or open space. Minimum Standard: The following features are encouraged in pedestrian -oriented space (see illustration, subsection L23 EJ LJ RMC 4-3-100.1-13e) and may be required by the Director: (a) Provide pedestrian -oriented uses on the building facade facing the pedestrian -oriented space. (b) Spaces should be positioned in areas with significant pedestrian traffic to provide interest and security — such as adjacent to a building entry. (c) Provide pedestrian -oriented facades on some or all buildings facing the space. (d) Provide movable public seating. Minimum Standard; The following are prohibited within pedestrian -oriented space: (a) Adjacent unscreened parking lots; (b) Adjacent chain link fences; (c) Adjacent blank walls; (d) Adjacent dumpsters or service areas; and (e) Outdoor storage (shopping carts, potting soil bags, firewood, etc.) that do not contribute to the pedestrian I I environment. I Minimum Standard: The minimum required walkway areas shall not count as pedestrian -oriented space- However, :J ii r Z where walkways are widened or enhanced beyond minimum requirements, the area may count as pedestrian -oriented space if the Director determines such space meets the definition of pedestrian -oriented space - Minimum Standard: The location of public open space shall be considered in relation to building orientation, sun and _ light exposure, and local micro -climatic conditions. Guideline: Common space areas in mixed use residential and attached residential projects should be centrally located so , they are near a majority of dwelling units, accessible and usable to residents, and visible from surrounding units. Guideline: Developments located at street intersections corners on designated pedestrian -oriented streets are r encouraged to provide pedestrian -oriented space adjacent to the street corner to emphasize pedestrian activity (see illustration, subsection RMC 4-3-100.1-13f). sm Guideline: Common space areas should be located to take advantage of surrounding features such as building entrances, significant landscaping, unique topography or architecture, and solar exposure. Guideline: In mixed use residential and attached residential projects children's play space should be centrally located, visible from the dwellings, and away from hazardous areas like garbage dumpsters, drainage facilities, streets, and parking areas. N E. BUILDING ARCHITECTURAL DESIGN: M Intent: To encourage building design that is unique and urban in character, comfortable on a human scale, and uses appropriate building materials that are suitable forthe Pacific Northwest climate. To discourage franchise retail architecture. L Building Character and Massing: Intent: To ensure that buildings are not bland and visually appear to be at a human scale; and ensure that all sides of a building, that can be seen by the public, are visually interesting. Minimum Standard: All building facades shall include measures to reduce the apparent scale of the building and add visual interest. Examples include modulation, articulation, defined entrances, and display windows (see illustration, subsection RMC 4-3-100.15a). Minimum Standard: All buildings shall be articulated with one or more of the following: (a) Defined entry features; (b) Window treatment; (c) Bay windows and/or balconies; (d) Roof line features; or (e) Other features as approved by the Director N Minimum Standard: Single purpose residential buildings shall feature building modulation as follows (see illustration, El El El. rul subsection RMC 4-3-100.15b): (a) The maximum width (as measured horizontally along the building's exterior) without building modulation shall be 40 feet (b) The minimum width of modulation shall be 15 feet. (c) The minimum depth of modulation shall be the greater of six feet or not less than two-tenths multiplied by the height of the structure (finished grade to the top of the wall). Guideline: Although streetfront buildings along designated pedestrian streets should strive to create a uniform street edge, building facades should generally be modulated and/or articulated with architectural elements to reduce the apparent size of new buildings, break up long blank walls, add visual interest, and enhance the character of the neighborhood. Guideline: Buildings should be urban in character. Guideline: Buildings greater than 160 feet in length should provide a variety of techniques to reduce the apparent bulk and scale of the facade or provide an additional special design feature such as a clock tower, courtyard, fountain, or public gathering place to add visual interest (see illustration, subsection RMC 4-3-100.15c). 2. Ground -Level Details: Intent: To ensure that buildings are visually interesting and reinforce the intended human -scale character of the pedestrian environment; and ensure that all sides of a building within near or distant public view have visual interest. Minimum Standard: Untreated blank walls visible from public streets, sidewalks, or interior pedestrian pathways are Li LnJ prohibited. A wall (including building facades and retaining walls) is considered a blank wall if: LA. (a) It is a ground floor wall or portion of a ground floor wall over six feet in height, has a horizontal length greater than 15 feet, and does not include a window, door, building modulation orother architectural detailing; or (b) Any portion of aground floor wall having a surface area of 400 square feet or greater and does not include a window, door, building modulation or other architectural detailing. Staff Comment. See staff comment Section A.2. Building Location and Orientation" above. Minimum Standard: Where blank walls are required or unavoidable, blank walls shall be treated with one or more of the Ed El E717-11 N following (see illustration, subsection RMC4-3-100.15d): (a) A planting bed at least five feet in width containing trees, shrubs, evergreen ground cover, or vines adjacent to the blank wall; (b) Trellis or other vine supports with evergreen climbing vines; (c) Architectural detailing such as reveals, contrasting materials, or other special detailing that meets the intent of this standard; (d) Artwork, such as bas-relief sculpture, mural, or similar; or (e) Seating area with special paving and seasonal planting. Minimum Standard: Treatment of blank walls shall be proportional to the wall. Minimum Standard: Provide human -scaled elements such as a lighting fixture, trellis, or other landscape feature along 77 _ 77 the facade's ground floor. - - - .x. F Minimum Standard: Facades on designated pedestrian -oriented streets shall have at least 75 percent of the linear frontage of the ground floor facade (as measured on a true elevation facing the designated pedestrian -oriented street) F. comprised of transparent windows and/or doors. Minimum Standard. other facade window requirements include the following: (a) Building facades must have clear windows with visibility into and out of the building. However, screening may . be applied to provide shade and energy efficiency. The minimum amount of light transmittance for windows shall be 50 percent (b) Display windows shall be designed for frequent change of merchandise, rather than permanent displays. 7. 71 17F71 (c) Where windows or storefronts occur, they must principally contain clear glazing. 771 LN d Tinted and dark lass, highly reflective {mirror- { } g g y type) glass and flim are prohibited. _ Guideline. The primary building entrance should be made visibly prominent by incorporating a minimum of one of the �nj L3 following architectural features from each category listed (see illustration, subsection RMC 4-3-100.15e): Li (a) Facade Features: (1) Recess; (2) Overhang; (3) Canopy; (4) Trellis; (5) Portico; (6) Porch; (7) Clerestory. (b) Doorway Features: (1) Transom windows; (2) Glass windows flanking door, (3) Large entry doors; (4) ornamental lighting; (5) Lighted displays. (c) Detail Features: (1) Decorative entry paving; (2) ornamental building name and address; (3) Planted containers; (4) Street furniture (benches, etc.). Guideline: Artwork or building ornamentation (such as mosaics, murals, grillwork, sculptures, relief, etc.) should be used to provide ground -level detail. St Comment: The applicant is highly encouraged to provide any and/or all of the items listed above in order to ornament the ground level of the proposed structure. Guideline: Elevated or terraced planting beds between the walkway and long building walls are encouraged. 3. Building Roof lines: Intent: To ensure that roof forms provide distinctive profiles and interest consistent with an urban project and contribute to the visual continui of the district- Minimum istrictMinimum Standard: Buildings shall use at least one of the following elements to create varied and interesting roof profiles (see illustration, subsection RMC 4-3-100.150: (a) Extended parapets; (b) Feature elements projecting above parapets; (c) Projected cornices; (d) Pitched or sloped roofs. Minimum Standard: Locate and screen roof -mounted mechanical equipment so that the equipment is not visible within 150 feet of the structure when viewed from ground level. Minimum Standard: Screening features shall blend with the architectural character of the building, consistent with RMC 4-4-D95E, Roof -Top Equipment. Minimum Standard: Match color of roof -mounted mechanical equipment to color of exposed portions of the roof to minimize visual impacts when equipment is visible from higher elevations. Guideline: Building roof lines should be varied to add visual interest to the build 4. Building Materials: Intent: To ensure high standards of quality and effective maintenance overtime; encourage the use of materials that reduce the visual bulk of large buildings; and encourage the use of materials that add visual interest to the neighborhood. Minimum Standard: All sides of buildings visible from a street, pathway, parking area, or open space shall be finished an all sides with the same building materials, detailing, and color scheme, or if different, with materials of the same quality. Minimum Standard: Materials, individually or in combination, shall have an attractive texture, pattern, and quality of detailing for all visible facades. Minimum Standard: Materials shall be durable, high quality, and reasonably maintained. Minimum Standard: Buildings shall employ material variations such as colors, brick or metal banding, patterns, or textural changes. Guideline: Building materials should be attractive, durable, and consistent with more traditional urban development. Appropriate examples would include brick, integrally colored concrete masonry, pre -finished metal, stone, steel, glass, and cast -in-place concrete. Guideline: Concrete walls should be enhanced by texturing, reveals, snap -tie patterns, coloring with a concrete coating or admixture, or by incorporating embossed or sculpted surfaces, mosaics, or artwork. Guideline: Concrete block walls should be enhanced with integral color, textured blocks and colored mortar, decorative bond pattern and/or incorporate other masonry materials. Guideline: Stucco and similar troweled finishes should be used in combination with other more highlytextured finishes or accents. They should not be used at the base of buildings between the finished floor elevation and four feet (4') N M Intent To provide a means of identifying and advertising businesses; provide directional assistance; encourage signs that are both clear and of appropriate scale forthe project; encourage quality signage that contributes to the character of the Urban Center and the Center Village; and create color and interest Minimum Standard: Signage shall be an integral part of the design approach to the building. Minimum Standard: Corporate logos and signs shall be sized appropriately for their location. St Comment: At this time the applicant has not submitted a detailed sign design as such, staff cannot determine comaliance with this standard. At the time of sign permit approval staff will review for this design standard. Minimum Standard: Prohibited signs include (see illustration, subsection RMC 4-3-100-13a): i. Pole signs, ii. Roof signs; iii_ Back -lit signs with letters or graphics on a plastic sheet (can signs or illuminated cabinet signs). Exceptions: Back- lit logo signs less than ten (10).5q uare feet are permitted as are signs with only the individual letters back4it. (see staff comment above) Minimum Standard: In mixed use and multi -use buildings, signage shall be coordinated with the overall building design. 3 177El Z (see staff comment above) Minimum Standard: Freestanding ground -related monument signs, with the exception of primary entry signs, shall be limited to five feet above finished grade, including support structure. All such signs shall include decorative landscaping (ground cover and/or shrubs) to provide seasonal interest in the area surrounding the sign_ Alternately, signage may incorporate stone, brick, or other decorative materials as approved by the Director, (see staff comment above) Minimum Standard: Entry signs shall be limited to the name of the larger development. (see staff comment above) Guideline: Alteration of trademarks notwithstanding, corporate signage should not be garish in color nor overly lit, _ although creative design, strong accent colors, and interesting surface materials and lighting techniques are encouraged. (see staff comment above) Guideline: Front -lit, ground -mounted monument signs are the preferred type offreestanding sign. (see staff comment above) Guideline: Blade type signs, proportional to the building facade on which they are mounted, are encouraged on pedestrian -oriented streets. stuff comment above) G: M '3'M nsure safety and security; provide adequate lighting levels in pedestrian areas such as plazas, pedestrian walkways, as, building entries, and other public places; and increase the visual attractiveness of the area at all times of the day Fpermit night. mum Standard: Lighting shall conform to on-site exterior lighting regulations located in RMC 4-4-075, Lighting, tzx'_ rior On -Site. Li Comment. Staff recommended, as a condition of Approval, the applicant be required to provide alighting plan that uately provides for public safety without casting excessive glare on adjacent properties at the time of building permit review. Pedestrian scale and downlighting shall be used in all cases to assure safe pedestrian and vehicular movement, unless alternative pedestrian scale lighting has been approved administratively or is specifically listed as exemptfrom provisions located in RMC 4-4-075 Lighting, Exterior On-5ite_ Minimum Standard: Lighting shall be provided on-site to increase security, but shall not be allowed to directly project off-site. Staff Comment: See Condition above Minimum Standard: Pedestrian -scale lighting shall be provided, for both safety and aesthetics, along all streets, at. primary and secondary building entrances, at building facades, and at pedestrian -oriented spaces. Staff Comment See Condition above Guideline: Accent lighting should be provided at focal points such as gateways, public art, and significant landscape features such as specimen trees. Guideline: Additional lighting to provide interest in the pedestrian environment may include sconces on building facades, awnings with down -lighting, decorative street lighting, etc. Michael W. Gendier* David S. Mann Keith P_ Scully Brendan W. Donckers *Also admitted is Oregon GENDLER & MANN, LLP ATTORNEYS -AT -LAW 1424 FOURTH AVENUE, SUITE 1015 SEATTLE WA 98101 November 4, 2009 VIA FACSIMILE AND U.S. MAIL Clerk City of Renton 1055 South Grady Way, 7" Floor Renton, WA 98057 RE: Amended Notice of Appeal in Hawk's Landing Hotel application, No. LUA-09-060, ECF SA -M, SA -H Dear Members of Council: (246) 621-8868 Fax ("246) 621-0512 keith�gendlermann.com www,geitdlermann.com This case involved voluminous briefing. We ask that you review all of the briefing provided to date, but also provide this letter to summarize and guide you through it as you consider whether to grant our appeal, and deny the Applicants' appeal. This site has unique challenges. Uncontroverted evidence shows that the hotel proposed here is upslope from the Port Quendall Superfund site. Port Quendall is contaminated with extremely toxic substances, and the Department of Ecology and EPA have information that these toxic substances move via groundwater flow to Lake Washington. For more information, see Appellant Nicholson Ilearing Brief, filed with the Hearing Examiner on July 31, 2009, and the attached Declar4tion of Joel Massman. Groundwater flow must be controlled, or infiltration will make the toxins flowing from Port Quendall to Lake Washington worse, An EIS should be ordered. Uncontroverted evidence in the record shows that groundwater flow transmits toxins from the contaminated soil at Port Quendall into Lake Washington. And water that infiltrates the ground from the site flows downslope to Port Quendall. Although the Applicant argues that it will channel stormwater to May Creek through its as -yet incomplete stormwater management plan, and not infiltrate the ground with it, evidence uncovered after the hearing indicates that the drainage ditch relied upon by the Applicant actually will infiltrate the ground, leading to Clerk November 4, 2009 Page 2 increased groundwater and toxin flow to Lake Washington. An Environmental Impact Study should be performed to evaluate how much water is infiltrating the ground through the ditch, how much of an impact it has on Lake Washington, and what the best means of dealing with the impacts may be. SEGB asserts that this problem can be resolved simply by changing the direction of stormwater flow on the site to move it away from Port Quendall, and through the installation of a stormwater detention pond on the May Creek side of the site. An EIS will answer critical environmental questions about this project and the adjacent superfund site. For more information, see Appellant Nicholson Motion for Reconsideration and Declaration of expert Joel Massman, filed with the Hearing Examiner on September 24, 2009. We need a stormwater management plan before the site is approved to know if stormwater will be adequately managed. A stormwater management plan is required in order to complete the conditions of the approval on this project - but we don't know what will be in it, or what the Applicant will propose as their final solution to the stormwater problems on site. The public does not have an opportunity to comment on the stormwater plan when it is eventually completed, and there is no mechanism for the Hearing Examiner or the Council to review it. The Hearing Examiner and Council have broad authority to impose conditions on a development proposal. While most development sites can safely wait to complete their stormwater plan after approvals have been received, this site is unique. We should know in advance how the Applicant will handle stormwater, and the public should be allowed to comment. For more information see Appellant Nicholson Hearing Brief, filed with the Hearing Examiner on July 31, 2009, and the attached Declaration of Joel Massman. The Examiner reasonably imposed the condition of Best Available Science on stormwater management at the site. The Examiner has been granted authority by the Renton Code to impose conditions on developmc,its. In this case, the Examiner, unde-rstanding the unique nature of this site and the challenges to the long-term health of the region, imposed a requirement of Best Available Science on stormwater management on the site. Best Available Science is a commonly -used standard in Washington law to protect critical areas, and means what it says: that the Applicant does not need to create any new methods, but must choose the best scientifically -valid method available to manage stormwater. See RCW 36.70A.172. The Applicant asks you to impose a "Best Management Practice" requirement instead of the Examiner's Best Available Science requirement. But "Best Management Practices" are defined by the Renton Municipal Code as measures pertaining to wetlands protection or short-term construction methods, not long-term stormwater solutions. RMC 4-11-020. The Examiner's discretion should be left undisturbed on this issue. For more information, see Appellant Brad Clerk November 4, 2009 Page 3 Nicholson Response to Renton & Hawks Landing Requests for Reconsideration, filed on October 5, 2009 with the Hearing Examiner. For the reasons summarized here and presented more fully in our briefing to the Examiner, we urge you to grant our appeal, and deny the Applicants' appeal. Very truly yours, GENDLER & MANN, LLP r Keith P. Scully KPS : den cc: Ann Nielsen, City of Renton Jessica Clawson, Attorney for Applicant Client November 6, 2009 CERTIFICATE OF MAILING STATE OF WASHINGTON ) COUNTY OF KING ) Bonnie I. Walton, City Clerk for the City of Renton, being first duly sworn on oath, deposes and says that she 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 6th day of November, 2009, at the hour of 5:00 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 Alpert International, represented by McCullough Hill, P.S.; and 2) Brad Nicholson, sound End Gives Back represented by Keith Scully, Gendler & Mann, LLP. of the Hearing Examiner's decision regarding the Hawk's Landing Mixed Use application. (File No. LUA-09-060, ECF, SA -M, SA -H) Bonnie I. Walton, City Clerk SUBSCRIBED AND SWORN TO BEFORE me this 6th day of November, 2009. Cynthia . Moya Notary Public in and for the State of Washington, residing in Renton My commission expires: 8/27/2010 Denis Law 1 f� Mayor A. ..0 City Clerk - Bonnie I.Walton November 6, 2009 APPEAL FILED BY: 1) Alpert International, represented by John McCullough & Jessica Clawson, McCullough Hill, P.S.; and 2) Brad Nicholson, South End Gives Back, represented by Keith Scully, Gendler & Mann, LLP. RE: Appeal of Hearing Examiner`s decision dated 9/10/2009 regarding the Hawk's Landing Mixed Use Environmental & Site Plan Review application, 4350 Lake Washington Blvd N. (Fife No. LUA-09-060, ECF, SA -M, SA -H) 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 Hawk's Landing Mixed Use Environmental & Site Plan Review application has been filed with the City Clerk. In accordance with Renton Municipal Code Section 4-8-110F, 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 within ten (10) days of the date of mailing of the notification of the filing of the appeal. The deadline for submission of additional letters is 5:00 pm, Mondavi November 16,2009. NOTICE 6,2009.NOTICE IS HEREBY GIVEN that the written appeal and other pertinent documents will be reviewed by the Council's Planning and Development Committee at 2:00 p.m. on Thursday, December 3, 2009, in the Council Chambers, 7th Floor of Renton City Hail, 1055 South Grady Way, Renton, WA, 98057. The recommendation of the Committee will be presented for consideration by the full Council at a subsequent Council meeting. Attached are copies of both appeals and a copy of the Renton Municipal Code regarding appeals of Hearing Examiner decisions or recommendations. 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 feel free to call me at 425-430-6502. Sincerely, Bonnie I. Walton City Clerk Attachments cc: Council Liaison 1055 South Grady Way • Renton, Washington 98057 • (425)430-6510/ Fax (425) 430-6516 • rentonwa.gov Denis Law city O Mayor- City Clerk - Bonnie i. Walton November 6, 2009 APPEAL FILED BY: 1) Alpert International, represented by John McCullough & Jessica Clawson, McCullough Hill, P.S.; and 2) Brad Nicholson, South End Gives.Back, represented by Keith Scully, Gendler & Mann, LLP. - RE: Appeal of Hearing Examiner's decision dated 9/10/2009 regarding the Hawk's Landing Mixed Use Environmental & Site. Plan Review application, 4350 Lake Washington Blvd N. (File No. LUA-09-060, ECF, SA -M, SA -H) 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 Hawk's Landing Mixed Use Environmental & Site Plan Review application has been filed with the City Clerk. In accordance with Renton Municipal Code Section 4-8-110F, 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 within ten (10) days of the date of mailing of the notification of the filing of the appeal. The deadline for submission of additional letters is 5:00 Pm, Monday, November 16, 2009. NOTICE IS HEREBY GIVEN that the written appeal and other pertinent documents will be reviewed by the Council's Planning and Development Committee at 2:00 p.m. on Thursday, December 3, 2009, in the Council Chambers, 7th Floor of Renton City Hall, 1055 South Grady Way, Renton, WA, 98057. The recommendation of the Committee will be presented. for consideration by the full Council at a subsequent Council meeting. Attached are copies of both appeals and a copy of the Renton Municipal Code regarding appeals of Hearing Examiner decisions or recommendations. 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 feel free to call me at 425-430-6502. Sincerely, Bonnie I..Walton City Clerk Attachments cc: Council Liaison I 055 South Grady Way • Renton, Washington 98057 • (425) 430-6510 / Fax (425) 430-6516 • rentonwa.gov November 6, 2009 APPEAL FILED BY: 1) Alpert International, represented by John McCullough & Jessica Clawson, McCullough Hill, P.S.; and 2) Brad Nicholson, South End Gives Back, represented by Keith Scully, Gendler & Mann, LLP. RE: Appeal of Hearing Examiner's decision dated 9/10/2009 regarding the Hawk's Landing Mixed Use Environmental & Site Plan Review application, 4350 Lake Washington Blvd N. (File No. LUA-09-060, ECF, SA -M, SA -H) 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 Hawk's Landing Mixed Use Environmental & Site Plan Review application has been filed with the City Clerk. In accordance with Renton Municipal Code Section 4-8-110F, 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 within ten (10) days of the date of mailing of the notification of the filing of the appeal. The deadline for submission of additional letters is 5:00 pm, Monday, November 16, 2009. NOTICE IS HEREBY GIVEN that the written appeal and other pertinent documents will be reviewed by the Council's Planning and Development Committee at 2:00 p.m. on Thursday, December 3, 2009, in the Council Chambers, 7th Floor of Renton City Hall, 1055 South Grady Way, Renton, WA, 98057. The recommendation of the Committee will be presented for consideration by the full Council at a subsequent Council meeting. Attached are copies of both appeals and a copy of the Renton Municipal Code regarding appeals of Hearing Examiner decisions or recommendations. 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 feel free to call me at 425-430-6502. Sincerely, Bonnie I. Walton City Clerk Attachments cc: Council Liaison Spencer Alpert Steve Van Til loch Wagner Alpert International, LLP Port Quendall Company Bdylis Architects 505 Union Station 10218 Richwood Av NW th 10810 Main Street ttSea Seattle, WA 98177 505 Seattle, WA 9$104 Av S, Suite 940 Bellevue, WA 98004 Greg Fawcett Larry Reymann Frank and Carrie Lord P.o. Box 402 1313 N 38th Street 4041 232"' Av SE Fall City, WA 98024 Renton, WA 98056 Sammamish, WA 98075 Keith Scully Mr. Brad Nicholson Dr. Joel Massmann Gendler & Mann Sound End Gives Back Mercer 1424 Fourth Av, Suite 1015 2302 NE 28th ST MMercer Way Seattle, WA 98103 Renton, WA 98058 MerIsland, WA 98040 Jack McCullough Jessie Clawson Dan Mittel McCullough Hill, PS McCullough Hill, PS 1 l 1 Cleveland Avenue 701 Fifth Av, Suite 7220 701 Fifth Av, Suite 7220 Mt. Vernon, WA 98273 Seattle, WA 98144 Seattle, WA 98104 Pat Severin Geraldine Reinart, PE Pat Bunting Sound Development Group 159 Denny Way #111 3643 Leg Road 15214 Avon -Allen Rd. Seattle, WA 98109 Bow' WA 98232 Mt. Vernon, WA 98273 Mel Maertz 16921 Larch Way Lynnwood, WA 98037 Ann Nielson Assistant City Attorney Vanessa Dolbee, Associate Planner Kayren Kittrick, GED City of Renton 'yrs Y -lerk's Office Distribution List Appeal, Hawk's Landing Mixed Use Application LUA-09-060, ECF, SA -M, SA -H November 6, 2009 1 Renton Reporter ✓ 2 City Attorney Larry Warren ✓ Ann Nielson V 1 City Council * Julia Medzegian S Community and Economic Alex Pietsch',' Development Neil Wattsv Jennifer Henning/ Stacy Tucker vI Vanessa Dolbee✓` Kayren Kittrick ✓ If%J1 de 1 Fire Marshall Dave Pargas ✓ Fire & Emergency Services o�n 7 Planning Commission Judith Subia / V 16 Parties of Record (see attached list) /1 Public Works Department Gregg Zimmerman ✓ 1 PW/Transportation Services Peter Hahn A PW/Utilities & Tech Services Lys Hornsby V' 1 LUA-09-060 • *City Clerk's Letter & POR List only C�j,i APPEAL TO RENTON CITY COUNCIL OF HEARING EXAMINER'S DECISION/RECOMMENDATION i7' -l',"A-RENJITO .`::I-RENiTO RECD VED C;Iry :^LERK'S OFFICE APPLICATION NAME G I L� FILE NO. 2 -VA O G G ., F� The undersigned interested party hereby files its Notice of Appeal from the decision or recommendation of the �' Land Use Hearing Examiner, dated �eofe_m %ii. _, 20,21'. 1. IDENTIFICATION OF PARTY APPELLANT: Name: Fr -a NiCh a iSD EP d 6 VP 5 ao CSG-8� Address: 02 NE 2 8 .�� si 6 ffnjL&"-141A0 Phone Number: ',5 -414d5- 06 S9 e Email: r d ff,;10 REPRESENTATIVE ( ANY): Name: Al -SWIL J Address: 6 rW rr: M a17na L p 1,24 40 Ave- #I"L e le, W4 s16)l Phone Number: 0 far!g Email: ke1 % � aea ferrrrann, (gym_ 2. SPECIFICATION OF ERRORS (Attach additional sheets, if necessary) Set forth below are the specific errors or law or fact upon which this appeal is based: Finding of Fact: (Please designate number as denoted in the Examiner's Report) No. Error: see Correction: Conclusions: No. Error: See c Correction: Other: No. Error: Correction: 3. SUMMARY OF ACTION REQUESTED The City Council is requested to grant the following relief: (Attach explanation, if desired) Reverse the decision or recommendation and grant the following relief. e(f cl j- e d Modify the decision or recommendation as follows: Remand to the Examiner for further consideration as follows: Other: r v AppellanURepresentative Signature f ype/Printed Name Date NOTE) Please refer to Title IV, Chapter 8, of the Renton Municipal Code, and Section 4-8-110F, for specific appeal procedures. STATEMEN'r OE ERRORS AND REQUEST FOR RELIEF S1'Pr1 Appeal l�indin�s 15, p. 16. Error of fact in finding that stormwater will not exacerbate leaching of contaminants. Error of fact in finding that probable significant adverse environmental impacts were not present, Conclusions T¶ 6-8, pp. 17-18. Errors of law in finding that the Appellant did not provide a basis to reverse the City's determination, and in finding that the Appellant must prove that environmental harm will be "exacerbated" by the project. Errors of fact by finding that water would not percolate into the underlying soils and exacerbate pollutants. Error of law in not reversing the determination of the ERC for a Determination of Significance, or additional mitigation. Master Site Plan Findings 27, p. 21. Error of fact in finding that the stormwater will not be exacerbating any issues with pollutants. Decision Error of law in not requiring a stonnwater plan and habitat management plan prior to approval of the Master Site Plan and Site Plan. ¶ 10, p. 25. Error of law and judgment in requiring that the applicant use a particular roadside ditch to convey stormwater, rather than requiring other stormwater control measures. Remedy Reverse the SEPA detennination of the Hearing Examiner with directions to the ERC to issue a Determination of Significance. Reverse the approval of the Master Site Plan and Site Plan with directions to require a stormwater plan and habitat management plan utilizing BAS to treat stormwater on site. NOU-04-2{309 04:24PM FROM- 206-621-0912 GENDLER & MANN, LLP wrromgEys-AT-LAw Michael W. Gendler- �3Vld S. Minn 1424 ]FOURTH AVENUE, SUITE 1015 Keith Y. Scully SEATTLE W.4 98101 Brendan W. Aoackers -Also NQMtI;CJ in Onion November 4, 2009 VIA FACSIMILE AND U.S. MAIL Clerk City of Renton 1055 South Grady Way, 7" Floor Renion, WA 98057 T-606 P.001/003 F-762 RE, Amended Notice of Appeal in Hawk's Landing Hotel application, No. LUA-09-060, ECF SA -M, SA -H Dear Members of Council: (206) 621-8868 Fax (206) 621-0512 keitA(ggendleraunn com ww w.gcndlcrtnann.cnrn This case involved voluminous briefing. We ask that you review all of the briefing provided to date, but also provide this letter to summarize and guide you through it as you consider whether to grant our appeal, and deny the Applicants' appeal. This site has unique challenges. Uncontroverted evidence shows that the hotel proposed here is upslope from the Port Quendall Superfund site. Port Quendall is contaminated with extremely toxic substances, and the Department of Ecology and EPA have information that these toxic substances move via groundwater flow to Lake Washington. For more informwrion, see Appellant Nicholson Hearing Brief, filed with the Hearing Examiner on July 31, 2009, and the attached Declaration of Joel Massman. Groundwater flow must be controlled, or infiltration will make the toxins flowing from Port Quendall to Lake Washington worse. An EIS should be ordered. Uncontroverred evidence in the record shows that groundwater flow transmits toxins from the contaminated soil at Pori Quendall into Lake Washington. And water that infiltrates the ground from the site flows downslope to Port Quendall. Although the Applicant argues that it will channel stormwater to May Creek through its as -yet incomplete stormwater management plan, and not infiltrate the ground with it, evidence uncovered after the hearing indicates that the drainage ditch relied upon by the Applicant actually will infiltrate the ground, leading to NOV-04-2009 04:24PM FROM- 206-621-0512 T-809 P 002/003 F-T62 Clerk November 4, 2009 Page 2 increased groundwater and toxin flow to Lake Washington. An Environmental Impact Study should be performed to evaluate how much water is infiltrating the ground through the ditch, how much of an impact it has on Lake Washington, and what the best means of dealing with the impacts may be. SEGB asserts that this problem can be resolved simply by changing the direction of stormwater flow on the site to move it away from Port Quendall, and through the installation of a stormwater detention pond on the May Creek side of the site. An EIS will answer critical environmental questions about this project and the adjacent superfund site. For more information, see Appellant Nicholson Motion for Reconsideration and Declaration of expert Joel Massman, filed with the Hearing Examiner on September 24, 2009. We need a stormwater management plan before the site is approved to know if stormwater will be adequately managed. A stormwater management plan is required in order to complete the conditions of the approval on this project - but we don't know what will be in it, or what the Applicant will propose as their final solution to the stormwater problems on site. The public does not have an opportunity to comment on the stormwater plan when it is eventually completed, and there is no mechanism for the Hearing Examiner or the Council to review it. The Hearing Examiner and Council have broad authority to impose conditions on a development proposal. While most development sites can safely wait to complete their stormwater plan after approvals have been received, this site is unique. We should know in advance how the Applicant will handle stormwater, and the public should be allowed to comment. For more information see Appellant Nicholson Hearing Brief, filed with the Hearing Examiner on July 31, 2009, and the attached Declaration of Joel Massman. The Examiner reasonably imposed the condition of Best Available Science on stormwater management at the site. The Examiner has been granted authority by the Renton Code 'to impose conditions on developments. In this case, the Examiner, understanding the unique nature of this site and the challenges to the long-term health of the region, imposed a requirement of Best Available Science on stormwater management on the site. Best Available Science is a commonly -used standard in Washington law to protect critical areas, and means what it says: that the Applicant does not need to create any new methods, but must choose the best scientifically -valid method available to manage stormwater. See RCW 36.70A.172, The Applicant asks you to impose a "Best Management Practice" requirement instead of the Examiner's Best Available Science requirement. But "Best Management Practices" are defined by the Renton Municipal Code as measures pertaining to wetlands protection or short-term construction methods, nor long-term stormwater solutions. RMC 4-11-024. The Examiner's discretion should be left undisturbed on this issue. For more information, see Appellant Brad MOV -04-2009 O4:25PM FROM- 206-621-0512 T-608 P.Na/003 F-752 Clerk November 4, 2009 Page 3 Nicholson Response to Renton & Hawks Landing Requests for Reconsideration, filed on October 5, 2009 with the Hearing Examiner. For the reasons summarized here and presented more fully in oar briefing To the Examiner, we urge you to grant our appeal, and deny the Applicants' appeal. Very truly yours, GENDLER &c MANN, LLP Keith P. Scully KPS:den cc: Ann Nielsen, City of Renton Jessica Clawson, Attorney for Applicant Client GENDLER & MANN, LLP ATTORNEYS -AT -LAW Michael W_ Gendler* David S. Mann Keith P. Scully Brendan W. Donckers *Also admitted in Oregon Clerk City of Renton 1055 South Grady Way, 7' Floor Renton, WA 98057 1424 FoURTil AVENUE, SUITE 1015 SEATTLE WA 98101 September 24, 2009 RE: File No. LUA 09-060, ECF, SA -M, SA -H Dear Clerk: Enclosed please find a Notice of Appeal to the Renton City Council. FIECEWED --STV CLERK'S OFRC:E (206) 621-8868 Fax (200) 621-0512 keiih@gcndleriiianti.com www. gendle r rnann. cu rn We are also filing today a Motion for Reconsideration to the Hearing Examiner. We respectfully request that no action be taken on the appeal until we've received a response to our motion. Very truly yours, GENDLER & MANN, LLP 11---el����� rt�z Keith P. Scully KPS. -den Enclosure cc: Client CJc.. -Jyd V-au�+ma,V,. GENDLER & MANN, LLP ATToxNEYS-AT-LAw Michael W. Gendler• David S. Mann 1424 FOURTH AVENUE, SUITE 1015 Keith P. Scully SEATTLE WA 98101 Brendan W. Donckers *Also admitted in Oregon November 2, 2009 VIA FACSIMILE AND U.S. MAIL C1-t;rk City of Renton 1055 South Grady Way, 7"' Floor Renton, WA 98057 (206) 621-8868 Fax (206) 621-05 12 keithfgendlerma nn.com www. g endlermann, corn RE: Amended Notice of Appeal in llawk"s landing Howl application. No. LUA-09-060, ECI� SA -M, SA -11 Dear Clerk - Attached please find an amended notice of appeal in this matter. We filed a notice of appeal on September 24, 2009, asking for review of the Hearing Examiner's September 10, 2009 report and decision. This amended notice asks for review of the Hearing Examiner's October 19, 2009 denial of the motion for reconsideration, as well as the September 10, 2009 report and decision. Very truly yours, GENDLER & MANN. LLP Keith P. Scully KPS : den l"11closure cc: Ann Nielsen, City of Renton Jessica Clawson, Attorney for Applicant Client C Li �-e � APPEAL TO RENTON CITY COUNCIL OF HEARING EXAMINER'S DECISION/RECOMMENDATION 69 APPLICATION NAME �� 15 FILE NO —CiJd The undersigned interested party hereby files its Notice of Appeal from the decision or recommendation of the Land Use Hearing Examiner, dated ' C 0l -ff , 20Q-�, 1. IDrNTIF1CATZON OF PARTY r`'p 6er 16� �po� A- I - APPELLANT: Name: Address: Phone Number: Email: REPRESENTATIVE (1F ANY): Name: �Lo I (-U) /-') Address: N L q)c)) Phone Number: 6 (5( Email:-1C�'9� 2. SPECIFICATION OF ERRORS (Attach additional sheets, if necessary) Set forth below are the specific errors or law or fact upon which this appeal is based: g Findinof Fact: (Please designate number as denoted in the Examiner's Report) No. Error: y L Correction: Conclusions No. Error: tl Correction: Other: No. Error: Correction: C+ l SUMMARY OF ACTION REOUESTED The City Council is requested to grant the following relief: (Attach explanation, if desired) Reverse the decision or recommendation and grant the following relief: �C r-_ Modify the decision or recommendation as follows: _ Remand to the Examiner for further consideration as follows: Other: epresentative Signaturg _b Z Type/Printed Name Da NOTE: Please refer to Title TV, Chapter 8, of the Renton Municipal Code, and Section 4-8-11017, for specific appeal procedures. AMENDED STATEMENT OF ERRORS AND REQUEST FOR RELIEF Motion for Reconsideration Coned nGionc Page 1, denial of motion to admit new evidence and reconsider ruling. SEPA Appeal Findings 15, p. 16. Error of fact in finding that stormwater will not exacerbate leaching of contaminants. Error of fact in finding that probable significant adverse environmental impacts were not present. Conclusions 1111 6-8, pp. 17-18. Errors of law in finding that the Appellant did not provide a basis to reverse the City's determination, and in finding that the Appellant must prove that environmental harm will be "exacerbated" by the project. Errors of fact by finding that water would not percolate into the underlying soils and exacerbate pollutants. Error of law in not reversing the determination of the ERC for a Determination of Significance, or additional mitigation. Master Site Plan Findings ¶ 27, p. 21. Error of fact in finding that the stormwater will not be exacerbating any issues with pollutants. Decision Error of law in not requiring a stormwater plan and habitat management plan prior to approval of the Master Site Plan and Site Pian. 10, p. 25. Error of law and judgment in requiring that the applicant use a particular roadside ditch to convey stormwater, rather than requiring other stormwater control measures. Remedy Reverse the SEPA determination of the Hearing Examiner with directions to the ERC to issue a Determination of Significance. Reverse the approval of the Master Site Plan and Site Plan with directions to require a storrnwater plan and habitat management plan utilizing BAS to treat stormwater on site. � _ � . � m\\ � 2 2 ®y � ®/ \ 3 � \ / \ / � » \ \ \ \ { / � rs\° %ate \ \ \ \ � - g t m > � a � » w A 2 ^ \ d � y \ \ 2 / ® \ � V'-02-2009 11:58AM FROM- 206-621-0512 T-805 P 001/004 F-759 GENDLER & MANN, LLP ATToRwys-AT-L.aw Michael W. Gendler David S. Mann 144 FOURTiE Avi=n:uE, SUITE I015 Keith P. Scully S; 4TTLE WA 98101 Brendan W. Doncicers •Also xdmutra tri Orteun November' -7, 2009 VIA FACSIMILE AND U.S. MAIL Clerk City of Renton 1055 South Grady Way, 7!" Floor Renton, WA 98057 RE: Amended Notice of Appeal in Hawk's Landing Horcl application. No. LUA-09-060, ECF SA -M, SA -H Dear Clerk: 01TV OF RFNToN. NOV 0 2 2009 RECEVED CITY CLERK'S OFFICE (206) 621.886a Fax 1M) 62 1 -0512 1.ciavftendlernuno com www.gendlcrmann corn Attached please find an amended notice of appeal in this rnatrer. We filed a notice of appeal on September 24, 2009, asking for review of the Hearing Examiner's September 10, 2009 report and decision. This amended notice asks for review of The Hearing Examiner's Ocrober 19, 2009 denial of the morion for reconsideration, as well as the September 10, 2009 report and decision. Very truly yours, GENDLER & MANN, LLP Keith P. Scully Enclosure cc: Ann Nielsen, City of Renton Jessica Clawson, AUorney for Applicata Client NO' -C2-20119 11:513AM FROM- 206-621-0512 7-1305 P 002/004 F-759 APPEAL TO RENTON CITY COUNCIL OF HEARING EXAMINER'S DECISIONIRECOMMENDATION RECEIVED f1ITY CLERK'S OFFICE APPLICATION NAME [� FILE NO. L U" ~G 4J The undersigned interested party hereby files its Notice of Appeal from the decision or recommendation of the 14 Land Use Hearing Examiner, dated - 204. G. t, d {"' 1DFNT CATION OF PARTY � C "Iw to o L009 5119- APPELLANT: Name: Address: " Phone Number: Email: REPRES A'I7,VE IF f Yu 1 `� Name. - Address: 4 L J�'' 6? Lam% Phone Number: Z �� Email: ee)±b 2. SPECIFICATION OF ERRORS (Attach additional sheets, if necessary) Set forth below are the specific errors or law or fact upon which this appeal is based: n'nding of Fact: (please designate number as denoted in the Examiner's Report) No. Error: — (cc Correction: Conclusions: No. Error: CO=CElon: Other: 1k No. Error: Correction: W 3. SUMMARY OF ACT JQN REQUESTED The City Council is requested to grant the following relief: (Attach explanation, if desired) Reverse the decision or recommendation and grant the following relief -Cr- C -i ft4-4- .ye d Modify the decision or recommendation as follows: Remand to the Exarniner for further consideration as follows: Other: Le , N -1) / Z-1 0—� epresentativeSignaturg-�.� Type/PrintedName Da NOTE: Please refer to Title IV, Chapter S, of the 2enton Municipal Code, and Section 4-8-1 10F, for specific. appeal procedures. VOl'-02-2009 11:59AM FROG!- 206-621-0512 T-805 P 003/004 F-799 AMENDED STATEMENT OF ERRORS AND REQUEST FOR RELIEF Motion for Reconsideration Conclusions Page 1, denial of motion to admit new evidence and reconsider ruling. SEPA Appeal Findin s 15, p. 16. Error of fact in finding that stormwater will not exacerbate leaching of contaminants. Error of fact in finding that probable significant adverse environmental impacts were not present. Conclusions Tjj 6-8, pp. 17-18. Errors of law in finding that the Appellant did not provide a basis to reverse the City's determination, and in finding that the Appellant must prove that environmental harm will be "exacerbated" by the project. Errors of fact by finding that water would not percolate into the underlying soils and exacerbate pollutants. Error of law in not reversing the determination of the ERC for a Determination of Significance, or additional mitigation. Master Site Plan Findin s 1127, p. 21. Error of fact in finding that the stormwater will not be exacerbating any issues with pollutants. Decision Error of law in not requiring a stormwater plan and habitat management plan prior to approval of the Master Site Plan and Site Plan. ¶ 10, p. 25. Error of law and judgment in requiring that the applicant use a particular roadside ditch to convey stormwater, rather than requiring other stormwater control measures. NOLV-02-2009 11:59AM FROM - Remedy 206-621-0512 T-805 P 004/004 F-759 Reverse the SEPA determination of the Hearing Examiner with directions to the ERC to issue a Determination of Significance. Reverse the approval of the Master Site Plan and Sire Plan with directions to require a stormwater plan and habitat management plan utili2ing SAS to treat stormwater on site. APPEAL TO RENTON CITY COUNCIL OF HEARING EXAMINER'S DECISIONIRECOMMENDATION APPLICATION NAME G(.W L r I _ FILE NO. The undersigned interested party hereby files its Noti of Appeal from the decision or rece9nd5'b6Rbf the Land Use Hearing Examiner, dated .1 �iY1�'� ��' - 20-Lq, SEP 2 4 zoog IDENTIFICATION OF PARTY APPELLANT: l Name: 4 Address: 02 l �Z (C.� V AC. '` _ A) U) Phone Number: Email - RECEIVED CITY CLERK'S C?Ff IGE REPRESENTATIVE (IF ANY): f Name: 1X G Lj- L] - Address:_at �2-� cSU�i Phone Number: 3 Email: 441Z -,e LL4 2. SPECIFICATION OF ERRORS (Attach additional sheets, if necessary) Set forth below are the specific errors or law or fact upon which this appeal is based: Finding of Fact: (Ple'a`se designate number as denoted in the Examiner's Report) No. Error: _1" l� � A7' 7 � l f l l IicsxS .��/ VL�Q i � - Correction: u u sc� Conclusions: No. Error: Correction: Other: No. Error: _. Correction: 3. SUMMARY OF ACTION REQUESTED The City Council is requested to grant the following relief: (Attach explanation, if desired) Reverse the decision or recommendation and grant the following relief: Modify the decision or recommendation as follows: Pkat R�l �JAr`z� Remand to the Examiner for further consideration as follows: Other: Appel, ep s ntative Signature TypelPrinted Name Date NOTE: Please refer to Title IV, Chapter 8, of the Renton Municipal Code, and Section 4-8-11017, for specific appeal procedures. 20681 23389 Line 1 McCullough Hill, p 03 06 27 p m McCullough Hill, PS. 701 Fifth Ave., Si tte 7220 Seattle WA 98104-7042 206-812-3388 206-812-3389 fax www,mhseatde.com TO: Bonnie Walton, Renton City Clerk FAX NO.: 425-430-6516 FROM: Jessie Clawson DATE: November 2, 2009 - CLIENT NO.: NUMBER OF PAGES INCLUDING COVER SHEET: COMMENTS: Fli Bonnie, 11-02-2009 1 16 o ( f 1_Fi FAX COVER SHEET 6 Please see our amended appeal, attached. We paid the appeal fee on September 24, 2009, when we originally appealed the Examiner's decision. This amends the appeal in response to the Examiner's decision on our request for reconsideration. Please call me if you have any questions. Thanks. PLEASE CALL IF YOU DO NOT RECEIVE ALL PAGES THE INFORMATION CONTAINED IN TIIIS COMMUNICATION I5 INTENDED ONLY FOR THE USE OF TILE ADDIWMEE AND MAY BE CONVIDLNTIAL, MAY BE ATTORNEY-CLIENT PRIVILEGED AND MAY CONSTITUTE INSIDE INFORMATION. UNAUTHORIZED, USE, DISCLOSURE OR COPYING IS PROHIBITED AND MAY BE UNLAWFUL. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US AT 812-3388. 2058123388 Line 1 McCullough Hill, p Renton City Clerk Renton City Hall 1055 South Grady Way Renton, WA 98057 03 06 52 p m MCCULLOUGH HILL, PS November 2, 2009 RE: Applicant's amended appeal to City Council LUA-09-060, ECF, SA -M, SA -H Hawk's Landing Hotel Dear City Clerk: 1 1-02-2009 216 We filed an appeal regarding this matter on September 24, 2009, asking for review of the Heating Examiner's September 10, 2009 decision. This letter amends our previous appeal to respectfully request that the City Council review the Heating Examiner's decision, and the Hearing Examiner's decision regarding the applicant's request for reconsideration. RMC 4-5-100.F.7 allows the City Council to modify a decision of the Examiner if it determines that a substantial error in fact or law exists in the record. Here, the Hearing Examiner's conclusions and conditions regarding landscaping and stormwater were a result of a substantial errors in fact and/or law. The Hing Examiner's conclusions and conditions regarding landscaping were a result of a substantial error of law and fact. The applicant appeals the following portions of Conclusion 6 and Condition 10: Conclusion : "The Master Plan process does include `master planning' for the entire subject site. While the applicant is trying to confine its footprint, the spare nature of the remaining site will detract from what appears to be a quality image. Tberefore, the remaining acreage should be incorporated at least mit imally. The Master Plan cannot escape that there is a much larger site that suffers from old, deteriorating buildings that will reflect on the current proposal. This office believes that the applicant and staff can work on a plan that accommodates additional landscaping, even temporary landscaping in planter boxes with sorne larger trees to screen or breakup the view of the background unsightly portions of the site east and west of the parking areas. Additionally, the applicant should plant additional street trees along the remaining Lake Washington Boulevard frontage at the same ratio and species as on the north frontage." Condition 10: "The applicant and staff shall work on a plan that accommodates additional landscaping, even temporary landscaping in planter boxes with some larger trees to screen or 701 Fifth Avenue • Suite 7220 • Seattle, Washington 98104 • 206.812.3388 • Fax 206.812,3389 • www.mhseatlle.com 2068123389 Line 1 McCullough Hill. p Page 2 of 5 03.07.40 p m 11-02-2009 3 16 breakup the view of the background unsightly portions of the site east and west of the parking areas. Additionally, in the event that the City does not plant street trees along the remaining Lake Washington Boulevard frontage then, the applicant shall plant such trees at the same ratio and species as is planted along the north frontage." The applicant appeals this conclusion and this condition because: • The applicant is already significantly improving the site by redeveloping it and landscaping it. See Conclusion 12: "Redevelopment of the site will counter the neighborhood deterioration and blight that the current site represents." The property to which this condition applies lies outside the boundaries of the subject master site plan and site plan application, and the applicant has proposed no development on this section of the site. Therefore, it is an error of law to impose this condition --this condition is not within the scope of the application and may not properly be imposed under this application. When the applicant proposes development in this portion of the site as part of a site plan and master site plan approval for the remainder of the larger property, street trees would be required by code. In addition, requiring street trees along Lake Washington Boulevard when there is no plan for redevelopment may interfere with the future redevelopment of this portion of the site— trees may need to be removed or relocated in order to accommodate the future development (construction access, sidewalks, driveways, etc). The applicant therefore requests the City Council to revise portions of Conclusion G and Condition 10 to read as follows: Conclusion 6: "The Master Plan process does include `master planning' for the entire subject site. While the applicant is trying to confine its footprint, the spare nature of the remaining site will detract from what appears to be a quality image. Therefate, The Master Plan cannot escape that there is a much larger site that suffers from old, deteriorating buildings that will reflect on the current ptoposal. This office believes that the applicant and staff can work on a plan that accommodates additional landscaping within the boundaries of the current site plan application, even temporary landscaping in planter boxes with some larger trees to screen or breakup the view of the background unsightly portions of the site east and west of the parking areas. , north &eFutuxe redeveloament of the southern portion of the site not proposed for development with this application will require s' n with i f on lands.ca ' requirements, including the planting of street ttees." Condition 1 Q: "The applicant and staff shall work on a plan that accommodates additional landscaping within the boundaries of the current site plan application, even temporary landscaping in planter boxes with some larger trees to screen or breakup the view of the background unsightly portions of the site east and west of the parking areas. Aldiy, in 2068123389 Line 1 McCuklough Hill, P 03.0846 p m 11-02-2009 416 Page 3 of 5 The Hearing Examiner's conclusions and conditions regarding stormwater were a result o a substantial error of law and fact The applicant appeals the following portions of Conclusion 5 and Condition 9: reclusion 5: "Those waters should be handled with respect and appropriately treated by whatever water retention, detention, or "rain garden" feature is used. The applicant should use best available science in treating stormwater before conveying it to the roadside ditch. There is no reason to jeopardize May creek and/or Lake Washington with pollutants created or collected on this site's paved or treated landscaping areas." Condition 9: "The applicant shall use best available science in treating stormwater before conveying it to the roadside ditch. The stormwater shall be treated by whatever means including crater retention, detention, or "rain garden" feature in order to reduce pollution entering the ditch and then May Creek. The development shall not jeopardize May Creek and/or Lake Washington with pollutants created or collected on this site's paved or treated landscaping areas." The applicant appeals this conclusion and condition because: a The City of Renton has not adopted `best available science" as a standard for stormwater treatment. The Hearing Examiner is therefore without jurisdiction to impose such a standard. The City of Renton has adopted the 2005 King County Surface Water Design Manual as its accepted method for treatment of stonnwater, which includes the use of "best management practices (BMPs)". The applicant will comply with these standards, including the use of best management practices in its stormwater system design. The City of Renton has determined, through adoption of this manual, that compliance with the manual is sufficient to properly treat and convey stormwater. Thus, compliance with these adopted standards will ensure that "development shall not jeopardize May Creek and/ox Lake Washington with pollutants created or collected on this site's paved or treated landscaping areas." The factual record, including the Hearing Examiner's own findings of fact, does not support this conclusion or condition. There was no evidence submitted into the record for the Site Plan/Master Plan hearing showing that the applicant's stormwater plan, or its plan to comply with the 2005 King County Surface Water Design Manual, would result in harm to May Creek or Lake Washington (see hearing record page 12 ----no evidence was submitted into this application's record by Mr. Scully showing any stormwater impacts warranting the use of best available science). The Hearing Examiner found that "The proposal will not be exacerbating any issues with pollutants from the Quendall Terminals site discharging into Lake Washington. The applicant will be governed by City, State, and Federal regulations regarding discharge from the subject site," (Site Plan approval, Finding 27). In addition, the Nearing Examiner concluded as part of the SEPA appeal that the stormwater "will not travel 2068123389 Line 1 McCullough Hill, p Page 4 of 5 03.0950 p rn 1142-2009 516 the downhill gradient toward and to Lake Washington. It will not exacerbate pollutants leaching from the contaminated soils into the lake." (SEPA Appeal, conclusion 6). As such, the facts of the case do not support conclusion 5 or condition 9. The conclusion and condition are vague and may be implied to establish a new, non - regulatory standard for stormwater discharge quality (i -e., that the "development shall not jeopardize May Creek and/or Lake Washington with pollutants created or collected on this site's paved or treated landscaping areas' �.. No impacts are shown to warrant such a new standard, and the Hearing Examiner does not have authority to create or impose such a standard in the absence of such impacts. The law presumes that compliance with the City's applicable stormwater regulations will adequately address issues of stormwater quality, so this regulatory standard should suffice. We assume that it was not the Hearing Examiner's intention to establish a new standard for water quality separate and apart from the City's stormwater regulations, so we are appealing this issue. • The Hearing Examiner responded to the applicant's request for reconsideration regarding stormwater by essentially arguing that both May Creek and Lake Washington are critical areas, so "best available science" should be used as a standard in this permit decision. The Examiner then cited RCW 36.70A.172, the definition of best available science under the Growth Management Act, as the standard that should be used in this permit decision. The Examiner's reasoning regarding this matter is a substantial error of law. RCW 36.70A.172 requires jurisdictions to use best available science in developing comprehensive plan policies and development regulations to protect critical areas. The permit decision in this case does neither—instead, the Examiner is required to apply the existing policies and development regulations that already been adopted by the City of Renton to this permit application.. The Examiner does not have the jurisdiction -to caseate new regulations, and has limited jurisdiction to "review and implement land use regulations" 'n the City of Renton, See RMC 3-1-5. Thus, the Examiner's introduction of a new standard, not adopted by the City Council and outside of the City's already -adapted policies and regulations, is a substantial error of law that must be remedied. The applicant therefore requests that the following portions of Conclusion 5 and Condition 9 should be revised to read: Conclusion 5: "Those waters should be handled with respect and appropriately treated by whatever water retention, detention, or "rain, garden" feature is used. The applicant must comply with the CiM of R to 's standards re rdin s rmwater the 2005 King County Surface Water Design Manuals There is no evidence in e record that would -suggest Creek or Lake WashiniLton would be ieooardized as a result of the am)lica.tion. The Condition 9: "The applicant shall coMply with the 2005 King County Surface Water Design Manual in treating stormwater before conveying it to the roadside ditch. The stoffnwoft 964 be treated by w6tevei- meafts inehmlieg w* 2068123389 Line 1 McGuflough Hill. p Page 5 of 5 03:10 59 p m 11-02-2009 616 We appreciate the opportunity to provide this appeal to the City Council. Please do not hesitate to contact us with any questions or requests for additional information. Sincerely, Jessi M. Clawson cc: Ann Nielsen, Renton City Attorney Keith Scully, Attorney for Brad Nicholson prvt - ; --NMI We appreciate the opportunity to provide this appeal to the City Council. Please do not hesitate to contact us with any questions or requests for additional information. Sincerely, Jessi M. Clawson cc: Ann Nielsen, Renton City Attorney Keith Scully, Attorney for Brad Nicholson Ora ■■ i IL Cb fl I J§ z ¢ u �w p w � ► o 04 i IL Cb fl I J§ z ¢ u Y "R Denis Law, Mayor JNr October 19, 2009 Keith P. Scully Gendler & Mann, LLP 1424 Fourth Avenue, Ste, 1015 Seattle, WA 98101 Jack McCullough Jessica M. Clawson McCullough Hill, PS 701 Fifth Avenue, Ste. 7220 Seattle, WA 98104 Spencer Alpert Alpert International, LLP 10218 Richwood Ave NW Seattle, WA 98177 CITY C RENTON South End Gives f Brad Nicholson c/o Keith Scully 1424 Fourth Aven Gendler & Man, l Seattle, WA 9810 Ann Nielsen Assistant City At. City of Renton Re: Hawk's Landing Request for Reconsideration Dear Attorneys, Applicant and Appellant: r'f Hearing Examiner Fred J. Kaufman This office has received two Requests for Reconsideration on the Hawk's Landing Master Site Plan, Site Plan and Environmental Appeal decisions. The original appellants, South End Gives Back (SEGS) and Brad Nicholson and the underlying applicant for the Hawk's Landing Hotel have each sought changes to the original decision. The original appellants have suggested that this office consider new information about the manner in which stormwater is managed by the applicant. In the original appeal, the appellants maintained that the "rain garden" used to collect stormwater would permit infiltration into the ground and that groundwater would flow toward the Quendall Super -fund site. The appellants argued ground flow would potentially leach additional contaminants into Lake Washington. The record reflected and continues to reflect that the rain garden would actually convey stormwater through a closed system to a ditch running along the west side of the property. The main thrust of their current request is that stormwater will be conveyed to the ditch and that ditch permits infiltration into the groundwater. They argue that the plans to use the ditch and that the ditch's conditions (pond scum) were not known prior to the hearing. The record shows that the original plans demonstrated the proposed functions of the rain garden and conveyance system. Further, the ditch had been conveying stormwater from a site that is covered almost entirely with impermeable surfaces in the same manner as when the site was actively used and has been conveying stormwater in its current inactive state. There is no reason to consider the evidence as new and unavailable at the time of the hearing. 1055 South Grady Way - Renton, Washington 98057 - (425) 430-6515 This papercontalns 50% recycled material, 30% post consumer RENTON' A IIEAD UI' THE CURVE The underlying applicant for Hawk's Landing had two major objections to the decision. It suggests that this office went beyond the scope of the original Master Plan's boundaries when requiring additional landscaping. The first objection had to do with additional landscaping to screen the proposed development from the unsightly portions of the site generally east of the parking areas and to plant street trees along Lake Washington Boulevard continuing the planting pattern for the site south of the main site. The applicant introduced evidence that the City has funds to address those areas along Lake Washington Boulevard covered by the condition. That specific evidence was not available at the public hearing. The second objection was to using "best available science" to manage stormwater so that contaminants from the site do not reach May Creek and Lake Washington. This office believes that the Master Plan should not have ignored those areas outside of the immediate hotel redevelopment parcel. Doing so leaves visually unappealing pavement as a dominant feature from the hotel and its grounds. In other words the applicant's limiting of the Master Plan site probably should have been initially rejected by staff. Frankly, when coupled with an immediate Site Plan review, Master Planning adds very little. There is nothing to coordinate the hotel's site plan with in this case – it stands alone. But rejecting the Master Plan would be inappropriate at this stage in the process since in the main it is well-designed. Therefore, in order to give some weight and meaning to the Master Plan review, the additional screening to hide or soften the impacts of the unsightly eastern parcel appears reasonable. The condition for landscaping along Lake Washington Boulevard south of the project confines will be modified to allow the City to install the landscaping. The condition to require the use of "best available science" appears reasonably related to the critical areas intended to be protected, namely May Creek and Lake Washington. The subject site will be developed with large parking areas and landscaping. The parking areas will collect contaminants from automobiles including oils, solvents, gasoline and anti -freeze and road grime. The landscaping will more than likely be treated with fertilizers, herbicides and pesticides. Stormwater will capture these various contaminants. The site's stormwater runoff will feed a ditch that almost immediately feeds into May Creek which then almost as quickly empties into Lake Washington. Both May Creek and Lake Washington are shorelines and waters of statewide significance. They are also critical areas. RCW 36.70A.172 provides the following language: "Critical areas — Designation and protection— Best available science to be used. ( 1) In designating and protecting critical areas under this chapter, counties and cities shall include the best available science in developing policies and development regulations to protect the functions and values of critical areas. In addition, counties and cities shall give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries." The standards already exist in state law and should be used to protect both May Creek and Lake Washington. The standards imposed in this decision are no more uncertain than they are in state law. In conclusion, Condition 410 will be modified. The full list of conditions made a part of the decision are found below. "DECISION.• The Site Plan is approved subject to the following conditions: 1. A detailed landscape plan and irrigation plan shall be prepared by a landscape architect registered in the State of Washington, a certified nurseryman, or other similarly qualified professional, and be submitted by the applicant and approved by the Current Planning Project Manager prior to issuance of the building permit. 2. The applicant shall provide a revised site plan that depicts 7 ADA parking spaces. The revised site plan shall be submitted by the applicant and approved by the Current Planning Project Manager prior to issuance of construction permit. 3. The applicant shall submit an access driveway grade cross section indicating compliance with RMC 4-4-080.I.6.b to be submitted by the applicant and approved by the Current Planning Project Manager prior to issuance of construction permit 4. The street vacation, file # VAC -09-001, shall he completed prior to Certificate of Final Occupancy. 5. The applicant shall redesign the west elevation to feature a pedestrian -oriented faVade. The new elevation drawings shall be submitted to the Department of Community and Economic Development project manager for review and approval prior to building permit approval. 6. The applicant shall submit a new site plan that indicates the entire pedestrian path ways through the parking lot as a different material or texture from the adjacent paving prior to building permit approval. This site plan shall he reviewed and approved by the Department of Community and Economic Development project manager. 7. The applicant shall provide an updated site plan to lite City of Renton Current Planning Project Manager indicating 12 foot sidewalk widths and a 10 -foot wide landscape strip along the frontage of the .3.07 acres of III development site, prior to construction permit approval. S. The applicant shall be required to provide a lighting plan that adequately provides far public safety without casting excessive glare on adjacent properties to the Current Planning Project Manager for review and approval tit the time of building permit review. 9. The applicant shall use best available science in treating stormwater before conveying it to the roadside ditch. The stormwater shall be treated by whatever means including water retention, detention or "rain garden" feature in order to reduce pollution entering the ditch and then May Creek. The development shall not jeopardize May Creek and/or Lake Washington with pollutants created or collected on this site's paved or treated landscaping areas. 10. The applicant and staff shall work on a plan that accommodates additional landscaping, even temporary Iandscaping in planter boxes with some larger trees to screen or breakup the view of the background unsightly portions of the site east of the parking areas. Additionally, in the event that the City does not plant street trees along lite remaining Lake Washington Boulevard frontage then the applicant shall plant such trees at the same ratio and species as is planted along the north frontage. " This office recognizes that appeals of the underlying decision have already been filed. This decision may change one or more of those appeals or appeal issues. The parties may appeal this decision within 14 days of this new decision Sincerely, Fred Kaufman Hearing Examiner City of Renton cc: Jennifer Henning, Current Planning Manager Vanessa Dolbee, Associate Planner Denis Law, Mayor Jay Covington, Chief Administrative Officer 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 201 21 22 23 24 25 26 27 28 CITY OF RENTON SES' 24 200 RECEIVED C:!-rY CLERK'S OFFICE BEFORE THE HEARING EXAMINER CITY OF RENTON In the Matter of the Appeal of } } SEGB, a Washington non-profit } Corporation, and Brad Nicholson, an } individual and citizen of Renton, } Petitioners, } Case No. LUA-09-060, ECF, SA -M, SA -H MOTION FOR RECONSIDERATION I. AGREED BRIEFING SCHEDULE The parties have conferred, and agree that any response shall be due by 5 p.m. on October 1, 2009, and any reply due by 5 p.m. on October 5, 2009. II. MOTION South End Gives Back and Brad Nicholson (SEGB) move the Examiner to reconsider his decision denying the Appeal of SEPA Detennination, and approving the Master Site Plan and Site Plan in this matter based on new information regarding water flow on the subject property. This new information was uncovered as a result of testimony from the applicant and city staff at the hearing, and subsequent investigation, and was not reasonably available before the hearing. Because the site's design will concentrate all or virtually all of the site's surface water into a ditch, and int'Onnation presented at the bearing GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 1015 Seattle, WA 98101 Phone: (206)621-8868 MOTION FOR RECONSIDERATION - 1 Fax: (206} 621-0512 V 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 and investigated by Appellant's expert after the hearing indicates that the ditch is an infiltration feature, the Examiner's decision is based on an error of fact. Moreover, the Examiner erred in law, with or without the new information, and erred in judgment in limiting stormwater treatment options to dumping water in to a ditch that fails to convey water offsite. III. EVIDENCE CONSIDERED - The September 23, 2009 Second Declaration of Joel Massman (Second Massman Dec.) (attached). - The files, pleadings, and evidence presented at the hearing in this matter. IV. ASSIGNMENT OF ERRORS 1. The Hearing Examiner erred in finding as a matter of fact that: Water will be directed to a rain garden and then be conveyed to the drainage ditch along the west side of the subject site. The water will be treated in the rain garden and while the phrase "rain garden" may not have its normal meaning, infiltration will not follow treatment. The stormwater will be collected, channeled and conveyed to the offsite drainage ditch. It will not be left to percolate in to the underlying Soils. HE Decision at p. 17, � 6. 2. The Examiner erred in law by finding that: The appellants have not provided evidence that the ERC erred. The decision below is not clearly erroneous and the decision below should be affirmed. HE Decision at p. 17, ¶ 6. MOTION FOR RECONSIDERATION - 2 GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 1015 Seattle, WA 98101 Phone: (206) 621-8868 Fax: 1206) 621-0512 1 1 2 3 4 5 6 7 S 9 to 11 12 13 14 15 16 17' 1$' 19 20 21 22 23 24 25 26 27 }p8 2 3, The Examiner erred in concluding as a matter of law that the ERC did not err in its review of the DNS because the project "will not exacerbate pollutants leaching from contaminated soils into the lake." Decision at p. 17, ¶ 6. 4. The Examiner erred in judgment by approving the Master Site Plan and Site Plan with the following condition: The applicant shall use best available science in treating stonnwater before conveying it to the roadside ditch. Decision at p. 25, 1110. V. ARGUMENT A. Standard for Reconsideration RMC 4-8-100(G) provides for reconsideration: Any interested person feeling that the decision of the Examiner is based on an erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written application for review by the Examiner within fourteen (14) days after the written decision of the Examiner has been rendered. 1. The Decision rests on an error of fact. At the hearing, Appellant SEG13 presented expert testimony regarding potential groundwater infiltration on the site based upon the Applicant's description of its proposal in the application materials, which appeared to indicate that a significant portion of the site would be left as either bare earth or hydroseeded. Tile Applicant responded at the hearing by clarifying its plan, stating that it intended to leave the impervious surfaces throughout the site either intact or replace them with new impervious surfaces. The Applicant stated that it intended to grade the development area and route all water flow to a "rain garden," GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 101f Seattle, WA 98101 Phone: (206} 621-8868 MOTION FOR RECONSIDERATION - 3 Fax: (206) 621-0512 I 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 with water then flowing to a drainage ditch. New information presented at the hearing included a drawing of the "rain garden," which had an impermeable liner, meaning that no infiltration would occur onsite. This "rain garden" is simply a conveyance measure, not a treatment measure. Second Massman Dec. at �j 1-3. At the hearing, the Applicant indicated that the flow of water would be through the ditch and to May Creek. Although not reflected in the summary of testimony, City staff testified that the ditch had standing water and "orange scum" in it, and that City staff had difficulty or were unable to maintain it. A site visit by hydrogeologist Joel Massman revealed that there is water standing in the ditch, even though this is dry weather. Second Massman Dec. at 16. The design of the ditch includes a higher inlet elevation than the culvert, meaning that water flowing into the ditch will stand in a pond, rather than flow to May Creek. Id, Dr. Massman notes that: A significant portion of the stormwater runoff that is currently directed to the roadside ditch likely infiltrates into the subsurface and does not discharge into May Creek. Estimates of the amount of the runoff that infiltrates in this ditch have not been developed, but it would be reasonable to assume that the goundwater recharge from this ditch is significant. Second Massman Dec. at 117 (emphasis added). As the Examiner correctly found, the City must conduct an FIS if there are probable significant adverse environmental impacts. Decision at p. 17, ¶ 4. The Examiner correctly noted that uncontroverted testimony established that groundwater flows from the development site to Quendall Ten-nmals, and conveys pollutants to Lake Washington, Decision at p. 15, ¶ 14; Second Massman Dec. at � 11. The new information from the Applicant that all stormwater will MOTION FOR RECONSIDERATION - 4 GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 1011 Seattle, WA 98101 Phone: {2061621-8868 Far: (208) 521-0512 r 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 flow to the ditch, and from the City and Joel Massman that the Glitch ponds, and thence infiltrates the ground, means that the same arguments raised regarding increased penneable surface apply to the use of a ditch that serves as an infiltration feature. Second Massman Dec. The appeal should be granted and an EIS must be ordered. 2. Den3�ng the SEPA appeal rested on an error of law. In addition to the new information regarding groundwater infiltration, the Examiner's decision should be reversed because it rests on an error of law. The Examiner concluded that the ERC did not err in its review of the DNS because the project "will not exacerbate pollutants leaching from contaminated soils into the lake." Decision at p. 17, � 6. But SEPA does not require that a project exacerbate environmental issues. The threshold determination for an EIS is whether the development proposal is "likely to have probable significant adverse environmental impacts." RCW 43.21C.030(2)(c); RCW 43.21C.031; WAC 197-11-360. That the proposal causes new impacts is not dispositive of whether an EIS is required; nor is it necessary that the proposal increase environmental impacts. ASARCO Inc. v. Air Quality Coalition, 92 Wn.2d 685, 706, 601 P.2d 501 (1979). In ASARCO, a smelter requested a variance that would allow it to continue operating. The court held that even though there was no change in the status quo of pollutants emitted, the action still required an EIS. As the ASARCO court noted, SEPA "aims not only to prevent further environmental degradation but to reverse, where possible, ecological damage already done-" Id. In this case, uncontroverted evidence demonstrated that groundwater flow carries toxins from Port Quendall into Lake Washington. Decision at p. 15, J¶ 10-11. Infiltration MOTION FOR RECONSIDERATION - 5 GENaLER & MANN, LLP 1424 Fourth Avenue, Suite 101! Seattle, WA 98101 Phone: (206) 621-8868 Fax: (206( 621-0512 f 1 2 3 4 5 6i 7i, 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 from the site will maintain or increase groundwater flow. Decision at p. 14, � 15. Because the ditch does not convey all water offsite, but instead allows infiltration, the ongoing harm of toxin flow via groundwater provided from the site will be continued. Like ASARCO, an EIS is required to study the impacts and evaluate alternatives. An EIS would provide substantial information to the decisionmaker on how best to handle the project's impacts on the adjacent Superfund site. Unlike a threshold determination, an EIS requires consideration of alternatives. There are numerous options available for how storinwater is handled on the project. Some options, like the use of the infiltrating ditch, increase or at best maintain the flow of groundwater to Quendall Terminals. Another option, the BAS option, would be to channel the water the other way, towards May Creek, and thence to an infiltration feature on the other side of the property. Second Massman Dec. at 7 11-12, An EIS would quantify the impacts of the project as submitted, a no -action alternative, and other means of handling stonnwater, and allow Renton to make an informed decision on whether to allow this project as proposed or require stormwater management more tailored to the unique circumstances of the site. 3. The Examiner erred in ordering that water be dumped in the ditch. The Examiner ordered that "[t]hc applicant shall use best available science in treating stormwater before conveying it to the roadside ditch." Decision at p. 25, T 9. But the new information regarding the infiltration of water from the ditch means that this condition will not prevent pollutants from entering Lake Washington. As Dr. Massman opines, the Best Available Science for handling stormwater on the site is not to use the ditch: MOTION FOR RECONSIDERATION - 6 GENTLER & MANN, LLP 1424 Fourth Avenue, Suite 101E Seattle, WA 98101 Phone: {2061621-8868 Fax: t206) 62141512 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 Directing the stormwater runoff from the 7.8 acre site to an infiltration facility constructed along the southern edge of the 7.8 acre site would have less negative impact in terms of contaminant discharge from the Quendall Terminal site. Groundwater recharge in this area would also improve stream flow in May Creek. A groundwater infiltration facility along the 7.8 acre site would represent the best available science in terms of reducing contaminant discharge from the Quendall Terminal site caused by groundwater infiltration from the existing roadside ditch and in terms of improving base flour to May Creek. Second Massman Dec, at �T 11-12. While undoubtedly well-intentioned, the Examiner's decision thus improperly limits the stormwater treatment options to a system that makes no sense, given the unique topography of the site and the presence of Quendall Terminals downslope from a "ditch" that actually serves as an infiltration pond. Dated this 24th day of September, 2009. Respectfully submitted, GENDLER & MANN, LLP By Keith P. Scully WSBA No. 28677 Attorneys for Appellants \South End Gives Back(Deny,NMotion for Reconsideuation FINAL 9 24 09 MO'T'ION FOR RECONSIDERATION - 7 GENTLER & MANN, LLP 1424 Fourth Avenue, Suite 101' Seattle, WA 98101 Phone: (2061 621-8868 Fax: (206) 621-0512 I Joel W. Massmann, declare as follows: 1. I am a civil engineer and have been retained by Brad Nicholson and South End Gives Back to assist in addressing stormwater and other site development issues related to the proposed land use at 4350 Lake Washington Boulevard. 2. I provided a previous declaration related to this project dated July 17, 2009. 3. My educational and work experiences are described in Items 1 through 3 in my First Declaration, dated July 17, 2009. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. Dated this 22"' day of September 2009, Joel Massmann, Ph.D., P.E. I have reviewed the Report and Decision from the Office of the Hearing Examiner, City of Renton dated September 10, 2009. This document includes minutes from the August 25, 2009 hearing held in the Council Chambers of the Renton City Mall. These minutes include the following information that was not previously provided to me: i. The portion of the site that is impervious will remain very similar to its present condition. There is no plan to change the existing square footage of impervious surface in the area related to the hotel development. 2. The rain gardens that have been proposed as a component of the stormwater plan for the site will be lined and will not be used to infiltrate storm water. 3. The applicant states that rain gardens are required, "per the King County Manual," to treat storm water from pollution generating impervious surfaces. Findings, opinions, and conclusions that I have developed based on my review of the September 10, 2009 Report and Decision and on my review of documents identified in my first declaration dated July 176, 2009 include the following; Rain gardens are listed in the 2009 King County Surface Water Design Manual as flow control best management practices (BMP's). They are not listed as a water quality treatment BMP or option. 2. The efficacy of rain gardens as a water quality treatment technology has not been evaluated or described in the land use application or in the King County Design Manual. 3. The efficacy of rain gardens that are lined with impermeable liners has not been evaluated or described in the land use application or in the King County Design Manual. 4. The subject site is approximately 7.8 acres in size and is currently developed with warehouses. Minimal vegetation exists on the subject site and approximately 85 percent of the site (6.6 acres) is comprised of impervious surfaces. 5. Under current conditions, stormwater from the project site flows along the ground surface to the north and west. Based on typical rates of precipitation and runoff from impervious surfaces, it is estimated that the total stormwater runoff from the impervious surfaces at the site may be in the range of 20 to 25 acre-feet per year. This is equivalent to an average runoff of 18,000 to 22,500 gallons per day. 6. Stormwater runoff is currently directed to a roadside ditch along Lake Washington Boulevard or to an existing on-site storm system that discharges to the ditch. Based on information included in the April 28, 2009 report prepared by Sound Development Group LLC entitled "Technical Information Report for HavtiV s Landing Crown Plaza Hotel," The existing roadside ditch appears to have standing water during times of no precipitation. The existing discharge culvert from the ditch has a higher inlet elevation than the inlet culvert, as well as several of the upstream catch basins contributing to the ditch. W 7. A significant portion of the stormwater runoff that is currently directed to the roadside ditch likely infiltrates into the subsurface and does not discharge into May Creek. Estimates of the amount of the runoff that infiltrates in this ditch have not been developed, but it would be reasonable to assume that the groundwater recharge from this ditch is significant. 8. Groundwater flow at the site is expected to be primarily to the west with discharge to Lake Washington. This is based on measured groundwater levels at the site, hydrogeologic conditions inferred from well logs and test pits, and known lake levels. Groundwater from beneath the project site likely flows beneath the Quandall Terminals site located between the project site and Lake Washington. 9. Soil and ground water beneath the Quendall Terminals property are contaminated with polycyclic aromatic hydrocarbons (PAHs) and the volatile organic compounds benzene, toluene, ethyl benzene, and xylene (BTEX). The upper 15 to 20 feet of soil throughout the Quendall Terminals site have been contaminated. Studies indicate that contaminants are also impacting area ground water to depths of up to 40 to 50 feet. The groundwater in this zone flows to Lake Washington. The same contaminants detected in soils and groundwater at the Quendall Tenninals site have been detected in the surface water along the shoreline of Lake Washington. 10. Groundwater recharge from the existing roadside ditch likely contributes to the rate of contaminant discharge from the Quendall Terminals site to Lake Washington. This conclusion is based on the observed distribution of contamination beneath the Quendall Terminal site and on the inferred groundwater flow direction from the project site. 11. Directing the stonxiwater runoff from the 7.8 acre site to an infiltration facility constructed along the southern edge of the 7.8 acre site would have less negative impact in terms of contaminant discharge from the Quendall Terminal site. Groundwater recharge in this area would also improve stream flow in May Creek. 12. A groundwater infiltration facility along the 7.8 acre site would represent the best available science in teens of reducing contaminant discharge from the Quendall Tenninal site caused by groundwater infiltration from the existing roadside ditch and in terms of improving base flow to May Creek. 1 2 3 4 5 6 7 8 91 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BEFORE THE HEARING EXAMINER CITY OF RENTON In the Matter of the Appeal of SEGB, a Washington non-profit Corporation, and Brad Nicholson, an individual and citizen of Renton, Petitioners, Case No, LUA-09-060, ECF, SA -M, SA -H DECLARATION OF KEITH P. SCULLY REGARDING FILING OF FACSIMILE TRANSMISSION 1, KEITH P. SCULLY, declare as follows: I. I am an attorney with the law firm of Gendler & Mann, LLP, attorneys for petitioners/appellants SEGB and Brad Nicholson in the above -captioned action. I make this declaration in order to satisfy the requirements of GR 17(a)(2). 2. The document to be filed is the Second Declaration of Joel Massman. 3. I have examined the document, determined that it consists of five (5) pages, including this declaration and excluding exhibits, and that it is complete and legible. I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. DECLARATION OF KEITH 1'. SCULL' REGARDING FILING OF FACSIMILE TRANSMISSION - 1 GENDLER & MANN, LLP 1474 Fourth Avenue, Suite 1015 Seattle, WA 98101 Phone: (206)621-8868 Fax: 12061 621-0512 e 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 Dated this 24th day of September, 2009, at Seattle, Washington, KEITH P. SCULLY, WSBA No. 28677 \South End Gives ➢ack(Den)\Dec Scully FAX 9 24 09 DECLARATION OF KEITH P. SCULLY REGARDING FILING OF FACSIMILE TRANSMISSION - 2 GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 1015 Seattle, WA 98101 Phan@- 12061 621-8868 Fax: (206) 621-0512 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 lb 17 18 19 20 21 22 23 24 25 26 27 28 BEFORE THE HEARING EXAMINER CITY OF RENTON In the Matter of the Appeal of SEGB, a Washington non-profit Corporation, and Brad Nicholson, an individual and citizen of Renton, Petitioners, STATE OF WASHINGTON } COUNTY OF KING ) } Case No. LUA-09-060, ECF, SA -M, } SA -H DECLARATION OF SERVICE ) ss. 1, FLORITA COAKLEY, under penalty of perjury under the laws of the State of Washington, declare as follows: I am the legal assistant for Gendler & Mann, LLP, attorneys for appellants/petitioners herein. On the date and in the manner indicated below, I caused the Motion for Reconsideration, and Second Declaration of Joel Massinan to be served on: DECLARATION OI' SERVICE - I GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 1015 Seattle, WA 98109 Phone! (206) 621-8868 Fax: 1206) 621-0512 1 2 3 4 5 6 7 8 91 10 11' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ann Nielsen Renton City Attorney Warren, Barber, & Fontes, P.S. 100 South 2nd Street P.O. Box 626 Renton, WA 98057-0626 [ ] By United States Mail [x] By Legal Messenger [ ] By Facsimile [ ] By Federal Express/Express Mail [x] By Electronic Mail (courtesy copy), anielsen cr?rentonwa..gov Jessica Clawson McCullougli Hill, P.S. 701 Fifth Avenue, Suite 7220 Seattle, WA 98104-7097 [ ] By United States Mail [x] By Legal Messenger [ ] By Facsimile [ ] By Federal Express/Express Mail [x] By Electronic Mail (courtesy copy), j essi tach )mh se attl e. com DATED this 21 day of �, 200 9 , at Seattle, Washington. TA COAKL South End Gives Back(Den)\Dec sm GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 10 15 Seattle, WA 98101 Phone: DECLARATION OF SERVICE - 2 Fax: 12066621 0512 rnessenceaserzvrce FIRM NAME PHONE EXT.# EMAIL (SECRETARY) LAST DAY Gendler & Mann, LLP 621.8868 , 850 florit_a@gendlermann.com DATFJTIME ADDRESS ATTY SECRETARY SEATTLE TACOMA BELLEVUE EVERETT OLYMPIA In the Matter of the Appeat of South End Gives Back 103142 910 5TH AVE. 943 TACOMA AVE. SO. 10655 NF 41h 2927 ROCKEFELLER 119 W LEGION WAY rDOCUMENTS _ Fee (check); Cover Letter; Notice of Appeal to the Renton City Council; Statement of Errose and Request for Relief SEATTLE, WA 98104 TACOMA, WA 98402 Suite L101 EVERETT, WA 98201 OLYMPIA, WA 98501 3 00 G> l E G A. L 5 E R V E C E 5 P}i_ 206-623-8771 20fi-682.1675 PH: 253-383-1791 1-1300-3133-1791 BELLEVUE, WA 913004 PH: 425-455-0102 PH: 425-258.4591 PH: 360-154-6595 1-804-869-7785 1.800-828-0199 abclegaLcom 1-600.736.7295 FAX: 253-272-9359 FAX: 425-055-3153 FAX: 425-252-9322 FAX: 360.357-3302 4 i FAX; 206-625-9247 tac@abciegal.com bel@abclegal.com eve(pabclegal.com oly@abclegaLcom ..._ STATE SEC LJP STATE SCOUR7REME COURT J —mffi.hcleoal corn Hsec lac CIVILaannta�wrcv ORP. LL rnessenceaserzvrce FIRM NAME PHONE EXT.# EMAIL (SECRETARY) LAST DAY Gendler & Mann, LLP 621.8868 , 850 florit_a@gendlermann.com DATFJTIME ADDRESS ATTY SECRETARY 9124109 1424 Fourth Ave., Suite 1015, Seattle WA 98141 KPS 1 Florita CASs= NAME YOUR ABC ACCT. NO In the Matter of the Appeat of South End Gives Back 103142 by 4:30 p.m. E NO-(CS, INT RArR # g�q qua o9 060, ECF, SA -M, SA -H 2009 rDOCUMENTS _ Fee (check); Cover Letter; Notice of Appeal to the Renton City Council; Statement of Errose and Request for Relief _Appeal ` SIGNATURE ELE RIGINAL RE CONFORMED COPYRN ABC SLP ONLYCOPY ON DOCUMENTS ABC DONFOT FI OTHER INSTRUCTIONS I Clerk 3 City of Renton CITY OF RENTON 1055 South Grady Way, 7th Floor _" Renton, WA 98057 SEP 2 4 2009 RECEIVED CITY CLERK'S OFFICE 2 4 i SUPERIOR Z COUNTY DISTRICT COURT (INDICATE APPEALS FEDERAL COURT AUDITOR SEA TAC ..._ STATE SEC LJP STATE SCOUR7REME COURT J DISTRICT) Hsec lac CIVILaannta�wrcv ORP. LL � THIS FORM NOT FOR PROCESS ABC Legal Services, Inc. (ABC) assumes n0 liability for errors caused in whole or in part by the improper filling out of this messenger service request form, including but not limited to, omission of a last day dateltime, filings not marked in the proper and designated filing boxes, illegible print or script, etc. All messenger requests are double-checked for accuracy and completion prior to returning to the requestor, however; it is the responsibility of the requestor to also check the completed request form for accuracy and to notify LS immediately if there are any questions or discrepancies. Usage of this form constitutes a contract between the requestor and ABC and acknowledgment and acceptance by the requestor of the temp set forth above. ABC Legal Services ABCSIip 3.0 70. C` V❑ C)Co CD MCCULLOUGLi HILL, rs September 24, 2009 01TY OF PENTON, Renton City Clerk Renton City Hall 1055 South Grady Way Renton, WA 98057 RI_;: :applicant's appeal to City Council/tcqucst for reconsideration LLT: -09-060, ECI{, SA-.Nl, SA -H Hawk's Landing Hotel Dear Ci"- Clerk: SEP 2 4 2009 CITY Cl_EREKI S OFFICE Enclosed with this letter is a request for reconsideration, as well as an appeal to City Council, along with the $75.00 appeal fee, for the Hawk's Landing Hotel. We are simultaneously filing the request for reconsideration and the appeal to City Council, because the Renton Municipal Code is not clear as to whether filing a request for reconsideration tolls the time period for filing an appeal to the City- Council. Please do not hesitate to contact us with any questions regarding this matter. Sincerely-, 1 Jes. ` a II1. Clawson 701 Fifth Avenue • Suite 7220 • Seattle, Washington 98104 • 206.812.3388 • Fax 206.812.3389 • www.mhseattlexom MCCULLOUGH HILL, Ps CITY OF RENTON September 24, 2009 SEP 2 4 2009 CITY CLERKSFOFFICE The Honorable Fred J. Kaufman City of Renton Hearing Examiner Renton City Hall 1055 South Grady Way Renton, WA 98057 RE: Applicant's request for reconsideration LUA-09-060, ECF, SA -M, SA -H Hawk's Landing Hotel Dear Mr. Examiner: We are writing on behalf of.the applicant for Hawk's Landing Hotel to respectfully request reconsideration of two conditions placed on the Master Site Plan and Site Plan Review approvals granted by you on September 10, 2009. RMC 4-5-100 allows an interested person to make a written application for reconsideration of the Examiner's decision when the person feels that the decision is based on an erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing. The Hearing Examiner's conclusions and conditions regarding landscaping were a result of an error of law, fact, and judgment. The applicant requests reconsideration of the following portions of Conclusion 6 and Condition 10: Conclusion 6: "The Master Plan process does include `master planning' for the entire subject site. While the applicant is trying to confine its footprint, the spare nature of the remaining site will detract from what appears to be a quality image. Therefore, the remaining acreage should be incorporated at least minimally. The Master Plan cannot escape that there is a much larger site that suffers from old, deteriorating buildings that will reflect on the current proposal. This office believes that the applicant and staff can work on a plan that accommodates additional landscaping, even temporary landscaping in planter boxes with some larger trees to screen or breakup the view of the background unsightly portions of the site east and west of the parking areas. Additionally, the applicant should plant additional street trees along the retnaining Lake Washington Boulevard frontage at the same ratio and species as on the north frontage." Condition 10: "The applicant and staff shall work on a plan that accommodates additional landscaping, even temporary landscaping in planter boxes with some larger trees to screen or breakup the view of the background unsightly portions of the site east and west of the parking areas. Additionally, the applicant should plant additional street trees along the 701 Fifth Avenue • Suite 7220 • Seattle, Washington 98104 • 206.8123388 • Fax 206.812.3389 • www.mhseattie.com Page 2of5 remaining Lake Washington Boulevard frontage at the same ratio and species as is planted along the north frontage." The applicant requests reconsideration of this conclusion and this condition because: • The applicant is already significantly improving the site by redeveloping it and landscaping it. See Conclusion 12: "Redevelopment of the site will counter the neighborhood deterioration and blight that the current site represents." The property to which this condition applies lies outside the boundaries of the subject master site plan and site plan application, and the applicant has proposed no development on this section of the site. Therefore, this condition is not within the scope of the application and may not properly be imposed under this application. When the applicant proposes development in this portion of the site as part of a site plan and master site plan approval for the remainder of the larger property, street trees would be required by code. In addition, requiring street trees along Lake Washington Boulevard when there is no plan for redevelopment may interfere with the future redevelopment of this portion of the site—trees may need to be removed or relocated in order to accommodate the future development (construction access, sidewalks, driveways, etc.). • The City of Renton has received an appropriation from the State of Washington for improvements along Lake Washington Boulevard associated with the redevelopment of the entire area (including the Hawk's Landing site, the Barbee Mills site, the Quendall Terminals site, and the Seahawks site). These facts were not reasonably available at the time of hearing as the appropriation was still in process at the time. It is our understanding that the appropriation includes funds for street trees and other street improvements on the southern portion of the Hawk's Landing site. As the City has already taken responsibility for this improvement, the improvement cannot be part of this approval. The applicant therefore requests that the following portions of Conclusion 6 and Condition 10 should be revised to read: Conclusion 6: "The Master Plan process does include `master planning' for the entire subject site. While the applicant is trying to confine its footprint, the spare nature of the remaining site will detract from what appears to be a quality image. , The Master Plan cannot escape that there is a much larger site that suffers from old, deteriorating buildings that will reflect on the current proposal This office believes that the applicant and staff can work on a plan that accommodates additional landscaping within the boundaries of the current site plan application, even temporary landscaping in planter boxes with some larger trees to screen or breakup the view of the background unsightly portions of the site east and west of the parking areas. _ , fiefth Future redevelol2tnent of the southern portion of the site not ra osed for development with this apL!lication will require consistency with City of Renton landscaping requirements including the planting of street trees." Page 3 of 5 Condition 10: "The applicant and staff shall work on a plan that accommodates additional landscaping within the boundaries of the current site plan application, even temporary landscaping in planter boxes with some larger trees to screen or breakup the view of the background unsightly portions of the site east and west of the parking areas. Additiona �.aarrr�n�rE�ss*!�!�!wr�- - - ..ee�±�.�..�•..�_..�r*�.���e..� The Hearing Examiner's conclusions and conditions regarding stormwater were a result of an error of law, fact and judgment. The applicant requests reconsideration and clarification of the following portions of Conclusion 5 and Condition 9: Conclusion 5: "Those waters should be handled with respect and appropriately treated by whatever water retention, detention, or "rain garden" feature is used. The applicant should use best available science in treating stormwater before conveying it to the roadside ditch. There is no reason to jeopardize May creek and/or Lake Washington with pollutants created or collected on this site's paved or treated landscaping areas." Condition 9: "The applicant shall use best available science in treating stormwater before conveying it to the roadside ditch. The stormwater shall be treated by whatever means including water retention, detention, or "rain garden" feature in order to reduce pollution entering the ditch and then May Creek. The development shall not jeopardize May Creek and/or Lake Washington with pollutants created or collected on this site's paved or treated landscaping areas." The applicant requests reconsideration of this conclusion and condition because: • The City of Renton has not adopted "best available science" as a standard for stormwater treatment. The Hearing Examiner is therefore without jurisdiction to impose such a standard. The City of Renton has adopted the 2005 King County Surface Water Design Manual as its accepted method for treatment of stormwater, which includes the use of "best management practices (BMPs)". The applicant will comply with these standards, including the use of best management practices in its stormwater system design. The City of Renton has determined, through adoption of this manual, that compliance with the manual is sufficient to properly treat and convey stormwater. Thus, compliance with these adopted standards will ensure that "development shall not jeopardize May Creek and/or Lake Washington with pollutants created or collected on this site's paved or treated landscaping S] areas_ • The factual record, including the Hearing Examiner's own findings of fact, does not support this conclusion or condition. There was no evidence submitted into the record for the Site Plan/Master Plan hearing showing that the applicant's stormwater plan, or its plan to comply with the 2005 King County Surface Water Design Manual, would result in harm to May Creek or Lake Washington (see hearing record page 12—no evidence was submitted into this application's record by Mr. Scully showing any stormwater impacts warranting the Page 4of5 use of best available science). The Hearing Examiner found that "The proposal will not be exacerbating any issues with pollutants from the Quendall Terminals site discharging into Lake Washington. The applicant will be governed by City, State, and Federal regulations regarding discharge from the subject site." (Site Plan approval, Finding 27). In addition, the Hearing Examiner concluded as part of the SEPA appeal that the stormwater "will not travel the downhill gradient toward and to Lake Washington. It will not exacerbate pollutants leaching from the contaminated soils into the lake." (SEPA Appeal, conclusion G). As such, the facts of the case do not support conclusion 5 or condition 9. • The conclusion and condition are vague and may be implied to establish a new, non - regulatory standard for stormwater discharge quality (i.e., that the "development shall not jeopardize May Creek and/or Lake Washington with pollutants created or collected on this site's paved or treated landscaping areas").. No impacts are shown to warrant such a new standard, and the Hearing Examiner does not have authority to create or impose such a standard in the absence of such impacts. The law presumes that compliance with the City's applicable stormwater regulations will adequately address issues of stormwater quality, so this regulatory standard should suffice. We assume that it was not the Hearing Examiner's intention to establish a new standard for water quality separate and apart from the City's stormwater regulations, so we are seeking reconsideration and clarification of this issue. The applicant therefore requests that the following portions of Conclusion 5 and Condition 9 should be revised to read: Conclusion 5: "Those waters should be handled with respect and appropriately treated by whatever water retention, detention, or "rain garden" feature is used. The applicant must coM121with the C4 of Renton's standards re rdin stormwater the 2005 King County Surface Water Design Manual). There is no evidence in the record that would sugpestMa Creek or Lake Washing -ton would be �eo ardized as a result of the application. Tike it te) the Condition 9: "The applicant shall comply with the 2005 King County Surface Water Design Manual in treating stormwater before conveying it to the roadside ditch. , ae�ejy6etr,-or- raia g eft" f�atttte ifferdefto reduee - fing the _.__ a, Schedule for response. We understand that the other party involved with this matter, Brad Nicholson, may respond to our request for cl.ari_fication. We have spoken with Mr. Nicholson's attorney, Keith Scully, and have settled upon the following response schedule: Page 5 of 5 Response due: September 30 Reply due: October 5 We hope that this schedule is acceptable to the Hearing Examiner. We appreciate the opportunity to provide this request for reconsideration. Please do not hesitate to contact us with any questions or requests for additional information. Sincerely, dk C. McCullough cc: Ann Nielsen, Renton City Attorney Keith Scully, Attorney for Brad Nicholson