HomeMy WebLinkAboutG. HEX Order on Recon 4
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9 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
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RE: The Reserve at Tiffany Park )
12 Preliminary Plat )
ORDER ON REQUEST FOR
13 ) RECONSIDERATION
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Preliminary Plat and SEPA Appeals )
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16 LUA13-001572, ECF, PP, CAE )
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The SEPA Appellants have requested reconsideration of the Hearing Examiner's decision on the
18 above-captioned matter by letter dated January 21, 2015. Since the reconsideration request affect
parties of record and the interests of the City, the parties of record who testified at the hearing and
19 City staff will be given an opportunity to respond to the request for reconsideration before a decision
20 on the reconsideration request is issued. Any responses must be based upon evidence that is already
in the record. No evidence that has not been recorded at the hearing or entered as an exhibit at the
21 hearing will be considered in the reconsideration request.
22 The SEPA Appellants do not appear to be aware that once a land use hearing is closed, no new
23 evidence may be considered except under very limited circumstances. Their reconsideration request
appears to include photographs and reports that were not admitted into the administrative record of
24 this appeal. The restriction on new evidence arises from the Regulatory Reform Act requirement that
there be no more than one public hearing on a land use permit application. RCW 36.70B.050(2)
25 provides that city and county land use permit review procedures only authorize one open record
26 hearing per project permit application or consolidated project permit application. The purpose of this
PRELIMINARY PLAT - 1
I requirement is to provide for a more efficient permitting system by preventing decision makers from
holding one new hearing after another ad infinitum as new factual issues occur and also to prevent
2 public confusion about when to participate in an on-going series of public hearings. See RCW
3 36.7013.010. Allowing new evidence after the close of a hearing essentially creates a second hearing.
Renton's land use ordinances must be interpreted in a manner that is consistent with the one hearing
4 rule of the Regulatory Reform Act. The hearing on this matter was closed on December 19, 2014, the
last date that evidence was authorized for the hearing of this application. No new evidence is allowed
5 after December 19, 2014, except as authorized by the Regulatory Reform Act or the Renton
6 Municipal Code.
7 Given that the SEPA Appellants may not have been aware of the restriction on new evidence, they
will be given an opportunity to reformulate their reconsideration request so that it is properly limited
8 to evidence that has been admitted into the record of this proceeding.
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10 ORDER ON RECONSIDERATION
11 1. The SEPA Appellants have until 5:00 pm, January 28, 2015 to re-submit their Request for
12 Reconsideration so that it does not contain any new evidence.
13 Persons who testified at the hearing on the above-captioned matter and City staff shall have until
5:00 pm, February 4, 2015 to provide written comments in response to the Request for
14 Reconsideration submitted by the SEPA Appellants in response to the January 28, 2015 deadline.
Only persons who participated in the SEPA appeal may comment on the SEPA appeal issues. All
15 comments are limited to the issues raised in the Request for Reconsideration subject to the January
16 28, 2015 deadline.
17 3. The SEPA Appellants shall have until February 9, 2015 at 5:00 pm to provide a written reply to
18 the responses authorized in the preceding paragraph.
19 4. All written comments, responses and replies authorized above must be emailed to the Examiner at
olbrechtslati�'tit�n�ail.com; Rocale Timmons at Renate Beedon at
20 rentor-opposites a comeast.net; Nancy Rogers at. NRog,:r's a CLlimcross.coni and Cynthia Moya at
CMoya@Rentonwa.gov. In the alternative written comments may be mailed or delivered to
21 Rocale Timmons, City of Renton Senior Planner, at 1055 South Grady Way, Renton, WA 98057.
22 Mailed or delivered comments must be received by the City by the deadlines specified in this
Order.
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5. No new evidence may be presented in the replies or responses. All information presented must be
24 drawn from documents and testimony admitted into the public hearing of this proceeding.
25 Applicable laws, court opinions and hearing examiner decisions are not considered new evidence
and may be submitted if relevant to a response or reply to the Applicant's request for
26 reconsideration.
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2 6. In order to prevent confusion, the City Clerk's Office is directed to not distribute this Order
3 to the parties of record until the SEPA Appellants have submitted a revised Request for
Reconsideration pursuant to the terms of this Order. When that revised Request is submitted,
4 the City Clerk's Office should distribute the revised Request for Reconsideration along with
this Order to the parties of record. The January 21, 2015 Request for Reconsideration should
5 not be distributed to the parties of record at any time (unless of course someone makes a
6 specific request for a copy).
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DATED this 22nd day of January, 2015.
9 Plir A.albrmhts
10 City of Renton Hearing Examiner
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PRELIMINARY PLAT - 3