Loading...
HomeMy WebLinkAboutSpringbrook Ridge PUD September 24,2009 OFFICE OFTHE HEARING EXAMINER CITY OF RENTON Minutes OWNER: Alex Cugini, Robert Cugini, Crissa Cugini, and CathyCugini POBox 359 Renton, WA 98057 APPLICANT: AlexCugini, c/o Century Pacific 1201 ThirdAvenue, Ste. 1680 Seattle,WA98101 CONTACT: Katherine Laird Century Pacific 1201 Third Avenue, Ste. 1680 Seattle, WA 98101 Springbrook Ridge PUD File No.: LUA 09-024, PPUD, ECF, LLA nd LOCATION: SE 172 St. and Benson Rd S and Benson Drive SUMMARY OF REQUEST: Requesting Preliminary Planned Urban Development, for a mixed-use development including office, retail and residential uses. In addition, the applicant has requested a Lot Line Adjustment. SUMMARY OF ACTION: Development Services Recommendation: Approve subject to conditions. DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on August 18, 2009. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the August 25, 2009 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, August 25, 2009, at 9:29 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. Thefollowingexhibitswereenteredintotherecord: Springbrook Ridge PUD File No.: LUA 09-024, PPUD, ECF, LLA September 24, 2009 2 Page Project file containing the original Neighborhood Detail Map Exhibit No. 1:Exhibit No. 2: application, proof of posting, proof of publication and other documentationpertinent to this request. Topographic Survey Lot Line Adjustment Exhibit No. 3: Exhibit No. 4: Site Plan Parking Lot Landscape Plan Exhibit No. 5: Exhibit No. 6: Tree Inventory Plan Conceptual Grading Plan Exhibit No. 7:Exhibit No. 8: Conceptual Drainage Control Plan Conceptual Utility Plan Exhibit No. 9:Exhibit No. 10: Landscape Plan, Sheet L1 Landscape Plan, Sheet L2 Exhibit No. 11:Exhibit No. 12: Landscape Plan, Sheet L3 Stream Buffer Averaging & Exhibit No. 13:Exhibit No. 14: Enhancement Plan, Sheet SB1 Stream Buffer Averaging & Stream Buffer Averaging & Exhibit No. 15:Exhibit No. 16: Enhancement Plan, Sheet SB2 Enhancement Plan, Sheet SB3 Stream Crossing Culvert Image of Arch Culvert Exhibit No. 17:Exhibit No. 18: Building €A Floor Plan Building €A Floor and Roof Plans Exhibit No. 19:Exhibit No. 20: Building Elevations, Sheet A103 Building Elevations, Sheet A104 Exhibit No. 21:Exhibit No. 22: Site Sections Building €B Site Section Parking & Exhibit No. 23:Exhibit No. 24: Retail Floor Plan Building €B Typical Office Floor Retail Elevations, Sheet A107 Exhibit No. 25:Exhibit No. 26: Plan & Retail Floor Plan Building Elevations, color, Sheet Building Elevations, color, Sheet Exhibit No. 27:Exhibit No. 28: A103 A104 Building Elevations, color, Sheet Exhibit No. 29: A107 The hearing opened with a presentation of the staff report by Vanessa Dolbee Associate Planner, Community and Economic Development Department, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The applicant has requested a Preliminary Planned Urban Development that includes office, retail and residential uses inadditiontoalotlineadjustment.Theprojectsiteiscomprisedoftwolots,ParcelAandParcelB.Thesiteis located in the CA zone and the Commercial Land Use designation in the Benson Hill area. The site is surrounded on all sides by roads and is located at the intersection of Benson Drive S (State Route 515) and Benson Road, on nd thenorthitisborderedbySE172Street.Thesiteisfurthersurroundedbycommercial,residentialandmulti- familyresidentialuses. Springbrook Ridge PUD File No.: LUA 09-024, PPUD, ECF, LLA September 24, 2009 3 Page The lot line adjustment would change the sizes of the two lots, Lot 1 would become 1.98 acres and would house the residential building and would have a net density of 50.26 dwelling units per acre. Lot 2 would contain the commercial building and would become 1.8 acres. Some critical areas have been identified on the site and consist of some regulated slopes, medium coal mine hazards and a Class 4 Stream, which runs through the center of the site. The slopes are not protected slopes. The Environmental Review Committee issued a Determination of Non-Significance ‚ Mitigated with 15 mitigated measures.Noappealswerefiled. The residential building would be 4-stories (46-feet high). It would contain 107,723 gross square feet with an underground parking garage with 59 spaces and an associated surface parking lot with 63 spaces to the east of the building. The commercial building would contain 35, 552 gross square feet with approximately8,900 square feet of retail and 17,800 square feet of office space. The parking garage would contain 23 parking spaces with an associated surface parking with 36 parking spaces. There would be an additional parking lot north of the stream on the eastern side of the site that is a joint use parking lot that has 35 spaces that can be utilized by either the office and/or the residential development. There are 6 separate access locations for the parking garages or surface parking. There is one enter only access nd that crosses the stream into the joint use parking lot. There are three access points from SE 172 Street, two would be directly to the underground parking and one for the surface parking. The applicants have further proposed a vehicular stream crossing that runs through the center of the site, which would add connectivity to the commercial and residential. This stream crossing would be necessary for site circulation. There is also pedestrian access and circulation throughout the site that is provided in several ways. The applicants have proposed a self-service pedestrian trail as an amenity that would run off State Rt. 515 going south of the residential building, along the stream and that would bepartiallyin thestreambuffer andwould connect to the bridge area on the northside of the stream and further connects to pedestrian crosswalks and pathways through the parking lot enabling people to reach either the commercial building or the residential building. Sidewalks throughoutthe site further connect to street frontages. There was a discussion regarding modifications that can and cannot be made under the PUD ordinance. The proposed Springbrook Ridge PUD complies with the City of Renton Development Standards including Chapter 4.2 zoning districts uses and standards, Chapter 4.3.100 urban design regulations with the exception of Table A, Chapter 4.4 citywide property development standards and Chapter 4.6.060 street standards. Vanessa then went through the modifications of the Renton Municipal Code requested by the applicant that are listed in Table A of the Staff Report. These include the requests for 59 underground parking spaces within the residential building and 63 surface parking spaces for the multi-family building. Rather than a residential building with ground floor commercial, the applicant has requested to have the residential building be a stand-alone building, the maximum number of compact parking spaces to be increased from 30% to 34%, the refuse and recycle area be reduced to 403.00 square feet from the required 436.5 square feet, the restrictions of critical areas regarding the removal of trees, the applicant would be allowed to modify the number of trees, they have requested to remove 35 trees which would be in the vicinity of the vehicular crossing. The Modifications requested for the Design District D included permitting the front entry of the building to face the parking areas, a primary entrance of each building would be located in a visual prominentlocation, connected Springbrook Ridge PUD File No.: LUA 09-024, PPUD, ECF, LLA September 24, 2009 4 Page to the street by sidewalks to the public sidewalk, standard enclosure requirements, garbage, recycling collection, and utility areas would be enclosed on all sides and screened around their perimeter by a wall or fence, pedestrian overhead weather protection would be providedon commercialbuildings in the form of awnings, marquees, canopies, or building overhangs. The last item, RMC 4-3-100H.2.d should be stricken from the record. Regarding the PUD criteria, if the conditions of approval are met, the applicant will have demonstrated compliance with the PUD regulations and the Comprehensive Plan. The applicant will have demonstrated that the development is superior to that which wouldresult without a PUD and will not be detrimental to surrounding properties.PublicBenefitswouldincludetheenhancementorrehabilitationofnaturalfeaturesonthesubject property, provides a planned urban development design that is superior in one or more aspects, including open space, landscaping, and site and building design. Under tree retention, the applicant would be required to retain 15 trees, the applicant has identified 35 trees to be retained. The circulation proposed is above and beyond requirements. Interior paths should be made of different material than the parking lot surface material. nd The landscaping around the residential building and along NE 172 Street that the applicant has provided is generously-sized with a minimum of 15-feet. This would provide screening and buffering for the parking lot but would also enhance the lookofthe site along the intersection of Benson Road and Benson Drive. They have further proposed native plantings along the stream corridor and the removal of invasive weeds within that area. The proposed plan did not include landscaping along the entire frontage of the site and that would be required. Landscaping islands in the parking area would be between four stalls and would include trees, shrubs and groundcover. Site design has included the buffering area and the utilization of the existing grades of the site by using modulation and building height and setbacks. The orientation of the buildings takes in the downtown views. The commercial building location creates a €gateway effect. The residential building includes vertical and horizontal modulation with further division of decks and overhangs, changes of materials and color and stepping of the roof line. The commercial building design includes structural features that create a smaller scale and the facades are modulated in this building with changes of materials and colors. The east side of the building steps down to follow the grades that helps further modulate the building. Various materials have been proposed to create a pleasant frontage. The project does comply with the PUD building standards. Katherine Laird, 1201 Third Avenue Ste., 1680, Seattle 98101 stated that the applicant would support the modifications listed in Table A and asked that those be approved. They believe that the walking trail is adequate to satisfy theentire footage required. The staff report states that there is no lighting plan, there is lighting shown on the site plan (Ex. 5) there is a legend that shows where lighting would be place. They will provide a more detailed lighting plan that would show the throw of the light and the candles of the light. There are also two different height pole lights for the parking lot that have been proposed as part of the site plan. The site really only works from a circulation perspective if that center crossing is in place. This is a difficult site due to its triangular shape with a State highway on one side, another main arterial on another side and a residential neighborhood to the north. It only makes sense to have a fully compatible development of the site, which the city stressed as being important to them. It would otherwise become a residential island and a commercial island with difficult access and does not work with the property. Mr. Wagner will give the reasons why the building was designed with the parking underground and why all of it is not underground. They would ask that the Examiner approvetheparkingasitis.ThetrafficconsultanttotheprojecthasindicatedthattheDOTwouldonlyallowone access point off Benson Drive due to the closeness to the State Rt. 515. Springbrook Ridge PUD File No.: LUA 09-024, PPUD, ECF, LLA September 24, 2009 5 Page Rich Wagner, Baylis Architects, 10801 Main Street, Bellevue 98004 stated that on the question of the stream crossing the parking lot on the east side would serve the majority of the offices, if there were to be no auto bridge and only a pedestrian bridge, that parking lot would also be putting traffic on the residential street, that did not seem like a wise thing to do. If that area is not developed as a parking lot it has no viable use because of all the encumbrances that are in that area and the grade. The recognition of the trails being part of the open space can be made to work. The grade change from Benson Road (SR 515) to the first level which is three floors below the main level, the grade change is 16-feet, therefore making more underground parking would be very difficult. They are trying to hit a market rate housing, most of which is all surface parking and in this neighborhood the developmentpatternshavebeenallsurfaceparking.Thehopeistoaddresspartiallythat50%oftheparking would be underneath. On the recycling center, enforcement on these has created some problems within the city, revisiting recycling center codes would be appropriate. The deck size can be accommodated. th Norm Schick, 16625 106 Ave SE, Renton 98056 stated that he had several question regarding this project. He is th concerned about the increased number of vehicles that would be along 106. The speed limit is not posted on that th street and would like to see speed bumps to slow traffic. The water along 106 now runs toward the project. It nd runs in a ditch to a culvert to 172, water floods the street during the heavy winter rains. There are many elderly th people living on 106 they walk a lot and dont hear as well as they should. There is a school near the site and the parking lot to the south being used for illegal activities and then throwing the residue from that into the school nd ground. The school bus runs along 172 Street which is a substandard street, paving is very thin and would break up very easy with increased traffic. The west side of the project has become a dumping ground for abandoned vehicles. With the landscaping along SR515 the roots of the trees could eventually cause the pavement to buckle. There is a coal mine vent in that area and if itis just filled in, an earthquake could cause the area to settle considerably. Finally, the property values could be lowered due to this project. th Marilyn Ragle, 16805 106 Ave SE, Renton 98056 stated that she is concerned about the traffic. She understood nd that SE 172 would be extended to the west to Benson Drive. Her concern is with the increase of traffic would ndth not only affect 172, but also 106 which would become the quickest and easiest route to take to the new parking th lot of this development. She would also like to see speed bumps on 106. Kayren Kittrick, CED stated that traffic would find where it will go, speed bumps can be installed, the residents need to request them however, they make it more difficult and the Fire Department does not like them. This is a nd new area for the city and it will have to be watched and studied. There will be expansion on 172 with full improvements, safety amenities would be put in like sidewalks, all roads will be maintained by the City. All unposted roads in the City have a speed limit of 25 mph. There are trees that dont eat sidewalks and the City is using them more often. nd Katherine Laird stated that street improvements on 172 will enhance the pedestrian traffic and improve the road conditions. There could be a sign at the exitof the garage that could direct people to go right only, no access to th 106. There is no retail on the ground floor of the apartment which should lower the daytime traffic in that area. The coal mine vent has been studied by Icicle Creek Engineers, they have recommended a structural plug and is a condition of approval for this project. This is going to be all apartments, not condominiums. called for further testimony regarding this project. There was no one else wishing to speak, and no Examiner furthercommentsfromstaff.Thehearingstoppedat10:52a.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: Springbrook Ridge PUD File No.: LUA 09-024, PPUD, ECF, LLA September 24, 2009 6 Page 1. The applicant, Alex Cugini, C/O Century Pacific, LP, filed a request for a Preliminary Planned Urban Development (PPUD) to allow thedevelopment of a residential building and a commercial building. 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. 3. 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 on an almost triangular-shaped parcel delimited by Benson Drive South (SR- 515) on the southwest, Benson Road South on the southeast and SE 172nd Street on the north. Two third- party properties take up the northeast corner of the triangular block and are developed with a daycare facility. The subject site is vacant and heavily wooded. 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 corridor uses, but does not mandate such development without consideration of other policies of the Plan. 7. The subject site is currently zoned CA (Commercial Arterial). It is located in the Urban Design District D overlay area. 8. The subject site was annexed to the City with the adoption of Ordinance 5327 enacted in March 2008. 9. The areas north of the subject site are zoned R-8 (Single Family Residential; 8 dwelling units/acre). Northeast of the site is an R-10 (Residential; 10 dwelling units/acre) zone. An R-14 zone is located east of the subject site and additional CA zoning is located east and south of the site. 10. The subject site is approximately 164,828 square feet or 3.78 acres. As noted, the parcel is generally triangular in shape. The parcel has approximately 390 feet of frontage along Benson Road South, approximately 690 feet of frontage along Benson Drive South and approximately 540 feet of frontage along 172nd Street. 11. The subject site slopes downward toward a stream that runs generally east to west across the subject site. High spots are located near the northeast corner of the site and near the triangle‹s southernmost corner. 12. The stream is a Class 4 stream. The subject site also contains coal mine hazards and steep slopes. The applicant proposes using buffer averaging to create two usable building footprints. The applicant has two bridges crossing the creek with one an internal combined vehicular and pedestrian bridge crossing the creek. Buffer averaging would result in a loss of 6,756 square feet with replacement of 7,014 square feet. The applicant will be planting enhancement vegetation at a 1:1 ratio for disturbed areas as well as 32,269 square feet of enhanced or invasive plant replacement. 13. The subject site is forested and contains a mix of red alder, big leaf maple, cottonwood and Oregon ash as well as a mixed understory of shrubs, fir and blackberry. The subject site contains 440 trees of 6-inch or greater caliper. Forty trees are within the proposed public right-of-way and 94 are located in critical areas. Staff calculated that there are 306 protected trees of which the applicant proposes retaining 12. The ERC required protection of potentially 35 trees. The remaining tree and vegetation cover would be Springbrook Ridge PUD File No.: LUA 09-024, PPUD, ECF, LLA September 24, 2009 7 Page removed to allow development of the proposed buildings and parking and circulation aisles. 14. The subject site is comprised of two underlying lots. Lot A is .7995 acres and Lot B is 2.9844 acres. The applicant has a Lot Line Adjustment pending which would create Proposed Lots 1 and 2. Proposed Lot 1 would be approximately 1.98 acres and be located in the north portion of the site. Proposed Lot 2 would be approximately 1.80 acres of the remaining southern acreage. 15. The applicant proposes developing two buildings on the subject site. A multiple family residential building,BuildingA,containing97unitswouldbedevelopedonthenortheastportionofthesite generally adjacent to Benson Drive and 172nd Street. A mixed use, retail and commercial building, Building B, containing approximately 26,700 square feet would be located in the southern portion of the site adjacent to Benson Drive and Benson Road. 16. The multiple family building would be 4-stories over underground parking. The building would contain 107,723 gross square feet. It would be 46 feet tall. The building would contain 59 stalls in the parking garage and 63 surface stalls located north and east of the building. Staff calculated the density at 50.26 dwelling units per acre after the lot line adjustment is approved. The building‹s footprint is complex running east-west, north-south, east-west again and then south to north. This change in facade breaks up the apparent length and bulk of the building. Coupled with those major breaks in the facade are modulations in the major facade elements. 17. The retail-commercial building would be 3-stories. It would contain 8,900 square feet of retail space on the ground level and 17,800 square feet of office space in the upper two stories. There would be 23 structured parking stalls and 36 surface stalls for this building. 18. Both buildings will contain modulation and articulation beyond thestandards of code. There will be horizontal and vertical design changes and decks, overhangs and varied materials and colors used to camophlage the bulk of both buildings. Canopies will setoff the entrances of the main areas as well as the individual retail spaces. Features have been designed to create additional shadow lines to also reduce the apparent bulk and height of the buildings. Staff noted that while the two buildings provide different functions, they use common materials and linked landscaping and pedestrian elements. Each building is designed to transition or reflect the adjacent uses - north are residential uses and south are commercial uses. 19. In addition to the parking specifically allotted to each building there would be35 surface stallsthatcould serve either the residential or commercial uses. Parking will generally be hidden behind the buildings and not be visible on the arterial streets. The arterial streets provide less than an aesthetic entry for the buildings and circulation is limited so that the major entrances to the buildings was designed to facethe parking areas although this arrangement was offset by formal entrances with canopies. Retail will face the street. 20. Access to the site will be provided to the site via six locations. There would be three driveways along 172nd Street with two of those dedicated to the garage. There would be a right-in/right-out driveway along Benson Drive just south of the creek. There would be two driveways along Benson Road South with a right-in/right-out driveway located south of the creek and an "enter-only" driveway north of the creek. Staff noted that the roads in the area can handle the traffic but there will be impacts on the adjacent residential area. Frontage improvements should facilitate traffic and pedestrians, particularly children with new sidewalks, curbs and gutters. 21. The landscaping requirements of the CA Zone require 5 percent tree retention. The applicant will attempt Springbrook Ridge PUD File No.: LUA 09-024, PPUD, ECF, LLA September 24, 2009 8 Page to protect 35 trees if possible providing a retention rate of approximately 15 percent. In addition, the applicant will be providing 133 newtreesand landscaping around the perimeter of the buildings and the site. Landscaping will also be provided in the parking areas. Enhanced plantings are proposed along the north boundary of the subject site to screen the low intensity uses to the north from the apartment building. The surface parking areas will have a minimum of 15 feet of landscape strips. Staff did recommend additional landscaping along all of Benson Drive. Staff recommended that the final landscaping plans show drought-tolerant plants and/or irrigation plans. 22.Theapplicantproposedapathalongthewesternportionofthecreekwhichwouldconnecttothebridge‹s pedestrian path. Sidewalks would then provide the rest of the pedestrian circulation. Staff recommended that the path be continued along the creek toBensonRoadas part of the public amenities provided by this PUD. The applicant had requested a waiver of street improvements along Benson Road (east property line) to reduce impacts to the creek. Staff noted that the Utility Division believes sufficient area exists for these improvements and recommended that they be installed to provide a complete pedestrian path. Staff recommended that pedestrian paths within parking areas be separately delineated. 23. The open space for each unit appears sufficient except for some corner units and the two ground floor units. Staff has recommended that the decks be enlarged to code dimensions for all units and that the ground floor units similarly comply with the deck dimension requirements. The applicant has not provided sufficient common open space. The applicant proposed approximately 2,464 square feet whereas 4,850 square feet is required. Staff recommended that the project provide the required opened space. 24. Stormwater will be captured, retained and then released to its natural outlet, the stream, and pre- development rates will be maintained. 25. Sewer and water will be provided by the Soo Creek District. 26. The applicant has asked that phasing for the project be considered. The applicant has suggested that the multiple family building would be Phase I and Phase II would entail the commercial building but has asked that the reverse be considered, too. Staff has noted that the stream mitigation, bridge and pedestrian amenities on the bridge and along the creek be part of Phase I no matter which element is developed initially as they are a large part of the public benefit in adopting this PUD. 27. A PUD may not authorize uses inconsistent with those permitted by the underlying zoning but does permit a modification of standards in some cases. Staff has provided a table showing the requested modifications from standard requirements. That table is reproduced here: Table A REQUESTED MODIFICATIONS FROM RENTON MUNICIPAL CODE (RMC) RMC#RequiredperRMCRequestedModification RMC 4-2-120A: Required Location for Parking for residential units shall be To provide 59 parking spaces Parking enclosed within the same building as the within the residential building unititserves.inaunderground/groundfloor parkinggarageand63surface parking spaces for the multi- familybuilding. Springbrook Ridge PUD File No.: LUA 09-024, PPUD, ECF, LLA September 24, 2009 9 Page Note 18. Stand alone residential and RMC 4-2-080: Conditions Associated ground floor residential to be With Zoning Use Tables Subject to the a. General Requirements: permitted. density limits of the development standards for this zone and only permitted within a structure containing commercial uses on the ground floor. Commercial space must be reserved on the ground floor at a minimum of thirty feet (30‹) in depth along any street frontage. Residentialusesshallnotbelocatedon the ground floor, except for a residential entry feature linking the residential portion of the development to the street. RMC 4-4-080F.8.c.iii: Maximum Compact parking spaces shall not account All other uses ‚ not to exceed Number of Compact Spaces Outside of for more than: 34 percent. the UC-N1 and UC-N2 Zones All other uses ‚ not to exceed thirty percent (30%). RMC 4-4-090D.1: Refuse and Minimum Size: A minimum of one and 403.00 square feet Recyclables Multi-family Developments one-half (1-1/2) square feet per dwelling Minimum Size Requirements unit in multi-family residences shall be provided for recyclables deposit areas, except where the development is participating in a City-sponsored program in which individual recycling bins are used for curbside collection. A minimum of three (3) square feet per dwelling unit shall be provided for refuse deposit areas. A total minimum area of eighty (80) square feet shall be provided for refuse and recyclables deposit areas. Comment: For this development, the minimum size required would be 436.50 square feet. RMC 4-4-130D.2 Restrictions for Unless exempted by critical areas, RMC The allowance of 36 trees to be Critical Areas ‚ General 4-3-050C5 or Shoreline Master Program removed and associated land Regulations, RMC 4-3-090, no tree clearing in a Class 4 stream and removal, or land clearing, or ground cover stream buffer critical area for management is permitted: the construction of vehicular transportation stream crossings a. On portions of property with protected as permitted by RMC 4-3- critical habitats, per RMC 4-3-050K; 050L.8.a subject to mitigation streams and lakes, per RMC 4-3-050L; identified within the SEPA ShorelinesoftheState,perRMC4-3-090, Environmental Review. RentonShorelineMasterProgram Regulations; and wetlands, per RMC 4-3- 050M;andtheirassociatedbuffers; Design District D€ Requested Modifications Springbrook Ridge PUD File No.: LUA 09-024, PPUD, ECF, LLA September 24, 2009 10 Page RMC 4-3-100E.2.a.ii The front entry of a building shall not be Front entry of buildings would oriented to a driveaisle, but instead a be permitted to front parking public or private street or landscaped areas. pedestrian-only court-yard RMC 4-3-100E.3.a.i A primary entrance of each building shall A primary entrance of each be located on the fa¯ade facing a street, building shall be located in a shall be prominent, visible from the street, visualprominent location, connected by a walkway to the public connected to the street by sidewalks to the public sidewalk, and include human-scale elements. sidewalk, and include human- scale elements. RMC 4-3-100E.5.a.iii In addition to standard enclosure In addition to standard requirements, garbage, recycling enclosure requirements, collection, and utility areas shall be garbage, recycling collection, enclosed on all sides, including the roof and utility areas shall be and screened around their perimeter by a enclosedon all sides, and wall or fence and have self-closing doors screened around theirperimeter by a wall or fence and have self-closing doors RMC 4-3-100G.3.b.i Provide pedestrian overhead weather Provide pedestrian overhead protection in the form of awnings, weather protection on marquees, canopies, or building commercial buildings in the overhangs. Theseelements shall be a form of awnings, marquees, minimum of four and one-half feet (4-1/2‹) canopies, or building wide along at least seventy five percent overhangs. These elements shall (75%) of the length of the building facade, be a minimum of four and one- a maximum height of fifteen feet (15‹) half feet (4-1/2‹) wide along at above the ground elevation, and no lower least seventy five percent (75%) than eight feet (8‹) above ground level. of the length of the building facade, a maximum height of fifteen feet (15‹) above the ground elevation, and no lower than eight feet (8‹) above ground level. RMC 4-3-100H.2.d 1,000 square foot Public Plaza at the 590square foot PublicPlaza at intersection of Benson Drive South and the intersection of Benson thth 108 Avenue SE, with a minimum Drive South and 108 Avenue dimension of 20-feet on one side abutting SE, with a minimum dimension the sidewalk. of 20-feet on one side abutting the sidewalk. That may be located just north of the intersection to accommodate for existing topographical contrast at the subject intersection. Springbrook Ridge PUD File No.: LUA 09-024, PPUD, ECF, LLA September 24, 2009 11 Page CONCLUSIONS: Planned Urban Development (PUD) 1. The PUD Ordinance contains a long and complex series of criteria that are reviewed. They are included in Section 4-9-150-D: D DECISION CRITERIA: The City may approve a planned urban development only if it finds that the following requirements are met. 1. Demonstration of Compliance and Superiority Required: Applicants must demonstrate that a proposed development is in compliance with the purposes of this Section and with the Comprehensive Plan, that the proposed development will be superior to that which would result without a planned urban development, and that the development will not be unduly detrimental to surrounding properties. 2. Public Benefit Required: In addition, applicants shall demonstrate that a proposed development will provide specifically identified benefits that clearly outweigh any adverse impacts or undesirable effects of the proposed planned urban development, particularly those adverse and undesirable impacts to surrounding properties, and that the proposed development will provide one or more of the following benefits than would result from the development of the subject site without the proposed planned urban development: a. Critical Areas: Protects critical areas that would not be protected otherwise to the same degree as without a planned urban development; or b. Natural Features: Preserves, enhances, or rehabilitates natural features of the subject property, such as significant woodlands, native vegetation, topography, or noncritical area wildlife habitats, not otherwise required by other City regulations; or c. Public Facilities: Provides public facilities that could not be required by the City for development of the subject property without a planned urban development; or d. Overall Design: Provides a planned urban development design that is superior in one or more of the following ways to the design that would result from development of the subject property without a planned urban development: i. Open Space/Recreation: (a) Provides increased open space or recreational facilities beyond standard code requirements and considered equivalent to features that would offset park mitigation fees in Resolution 3082; and (b) Provides a quality environment through either passive or active recreation facilities and attractive common areas, including accessibility to buildings from parking areas and public walkways; or ii. Circulation/Screening: Provides superior circulation patterns or location or screening of parking facilities; or iii. Landscaping/Screening: Provides superior landscaping, buffering, or screening in or around the proposed planned urban development; or iv. Site and Building Design: Provides superior architectural design, placement, relationship or orientation of structures, or use of solar energy; or v. Alleys: Provides alleys to at least fifty percent (50%) of any proposed single family detached, semi-attached, or townhouse units. 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria: a. Building and Site Design: i. Perimeter: Size, scale, mass, character and architectural design along the planned urban development perimeter provide a suitable transition to adjacent or abutting lower density/intensity zones. Materials shall reduce the potential for light and glare. ii. Interior Design: Promotes a coordinated site and building design. Buildings in groups should be related by coordinated materials and roof styles, but contrast should be provided throughout a site by the use of varied materials, architectural detailing, building orientation or housing type; e.g., single family, detached, attached, townhouses, etc. b. Circulation: i. Provides sufficient streets and pedestrian facilities. The planned urban development shall have sufficient pedestrian and vehicle access commensurate with the location, size and density of the proposed development. All public and private streets shall accommodate emergency vehicle access and the traffic demand created by the development as documented in a traffic and circulation report approved by the City. Vehicle access shall not be unduly detrimental to adjacent areas. Springbrook Ridge PUD File No.: LUA 09-024, PPUD, ECF, LLA September 24, 2009 12 Page ii. Promotes safety through sufficient sight distance, separation of vehicles from pedestrians, limited driveways on busy streets, avoidance of difficult turning patterns, and minimization of steep gradients. iii. Provision of a system of walkways that tie residential areas to recreational areas, transit, public walkways, schools, and commercial activities. iv. Provides safe, efficient access for emergency vehicles. c. Infrastructure and Services: Provides utility services, emergency services, and other improvements, existing and proposed, which are sufficient to serve the development. d. Clusters or Building Groups and Open Space: An appearance of openness created by clustering, separation of building groups, and through the use of well-designed open space and landscaping, or a reduction in amount of impervious surfaces not otherwise required. e. Privacy and Building Separation: Provides internal privacy between dwelling units, and external privacy for adjacent dwelling units. Each residential or mixed-use development shall provide visual and acoustical privacy for dwelling units and surrounding properties. Fences, insulation, walks, barriers, and landscaping are used, as appropriate, for the protection and aesthetic enhancement of the property, the privacy of site occupants and surrounding properties, and for screening of storage, mechanical or other appropriate areas, and for the reduction of noise. Windows are placed at such a height or location or screened to provide sufficient privacy. Sufficient light and air are provided to each dwelling unit. f. Building Orientation: Provides buildings oriented to enhance views from within the site by taking advantage of topography, building location and style. g. Parking Area Design: i. Design: Provides parking areas that are complemented by landscaping and not designed in long rows. The size of parking areas is minimized in comparison to typical designs, and each area related to the group of buildings served. The design provides for efficient use of parking, and shared parking facilities where appropriate. ii. Adequacy: Provides sufficient on-site vehicular parking areas consistent with the parking demand created by the development as documented in a parking analysis approved by the City. Parking management plans shall ensure sufficient resident, employee, or visitor parking standards, and there shall be no reliance on adjacent or abutting properties unless a shared parking arrangement consistent with RMC 4-4- 080 is approved. h. Phasing: Each phase of the proposed development contains the required parking spaces, open space, recreation spaces, landscaping and utilities necessary for creating and sustaining a desirable and stable environment, so that each phase, together with previous phases, can stand alone. 4. Compliance with Development Standards: Each planned urban development shall demonstrate compliance with the development standards contained in subsection E of this Section. (Ord. 5153, 9- 26-2005) E DEVELOPMENT STANDARDS: 1. Common Open Space Standard: Open space shall be concentrated in large usable areas and may be designed to provide either active or passive recreation. Requirements for residential, mixed-use, commercial, and industrial developments are described below. a. Residential: For residential developments, open space must be equal to or greater in size than the total square footage of the lot area reductions requested by the planned urban development, as illustrated in Figure 1. The open space shall not include a critical area and shall be concentrated in large usable areas. Stormwater facilities may be incorporated with the open space on a case-by-case basis if the Reviewing Official finds: i. The stormwater facility utilizes the techniques and landscape requirements set forth in The Integrated Pond, King County Water and Land Resources Division, or an equivalent manual, or ii. The surface water feature serves areas outside of the planned urban development and is appropriate in size and creates a benefit. Site Area: 1.5 acres Typical Lot Size: 4,500 sq. ft. Total Number of Lots: 12 Site Area: 1.5 acres Typical Lot Size: 3,500 sq. ft. Total Number of Lots: 12 Springbrook Ridge PUD File No.: LUA 09-024, PPUD, ECF, LLA September 24, 2009 13 Page Open Space: 4,500 s.f. minus 3,500 s.f. = 1,000 s.f. x 12 lots = 12,000 sq. ft. Standard Subdivision Example Planned Urban Development Approach Figure 1. Common Open Space Example b. Mixed Use ‚ Residential Portions: Subsections E1bi to v of this Section specify common open space standards for the residential portions of mixed-use developments. i. Mixed use residential and attached housing developments of ten (10) or more dwelling units shall provide a minimum area of common space or recreation area equal to fifty (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 subject to approval by the Reviewing Official. The required common open space shall be satisfied with one or more of the elements listed below. The Reviewing Official may require more than one of the following elements for developments having more than one hundred (100) units. (a) Courtyards, plazas, or multipurpose 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 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. ii. Required landscaping, driveways, 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. iii. Required yard setback areas shall not 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. iv. Private decks, balconies, and private ground floor open space shall not count toward the common space/recreation area requirement. Figure 2. A visible and accessible residential common area containing landscaping and other amenities. v. Other required landscaping, and sensitive area buffers without common access links, such as pedestrian trails, shall not be included toward the required recreation and common space requirement. c. Mixed Use Nonresidential Portions, or Commercial, or Industrial Uses: The following subsections specify common open space requirements applicable to nonresidential portions of mixed use developments or to single use commercial or industrial developments: i. All buildings and developments with over thirty thousand (30,000) square feet of nonresidential uses (excludes parking garage floorplate areas) shall provide pedestrian-oriented space according to the following formula: 1% of the lot area + 1% of the building area = Minimum amount of pedestrian- oriented space Figure 3. Examples of pedestrian-oriented space associated with a large-scale retail building. ii. To qualify as pedestrian-oriented space, the following must be included: (a) Visual and pedestrian access (including barrier-free access) to the abutting structures from the public right-of-way or a courtyard not subject to vehicular traffic, (b) Paved walking surfaces of either concrete or approved unit paving, (c) On-site or building-mounted lighting providing at least four (4) foot-candles (average) on the ground, and (d) At least three (3) feet of seating area (bench, ledge, etc.) or one individual seat per sixty (60) square feet of plaza area or open space. iii. The following features are encouraged in pedestrian-oriented space and may be required by the Reviewing Official. (a) Pedestrian-oriented uses at the building facade facing the pedestrian-oriented space. (b) Spaces should be positioned in areas with significant pedestrian traffic to provide Springbrook Ridge PUD File No.: LUA 09-024, PPUD, ECF, LLA September 24, 2009 14 Page interest and security ‚ such as adjacent to a building entry. (c) Pedestrian-oriented facades on some or all buildings facing the space consistent with Figure 4. (d) Public seating that is durable or easily replaceable, maintainable, and accessible. Figure 4. Pedestrian-oriented spaces, visible from the street, including ample seating areas, movable furniture, special paving, landscaping components, and adjacent pedestrian-oriented uses. iv. 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 environment. d. Open Space Orientation: The location of public open space shall be considered in relation to building orientation, sun and light exposure, and local micro-climatic conditions. e. Common Open Space Guidelines: 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. i. 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. ii. 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. 2. Private Open Space: Each residential unit in a planned urban development shall have usable private open space (in addition to parking, storage space, lobbies, and corridors) for the exclusive use of the occupants of that unit. Each ground floor unit, whether attached or detached, shall have private open space, which is contiguous to the unit and shall be an area of at least twenty percent (20%) of the gross square footage of the dwelling units. The private open space shall be well demarcated and at least ten feet (10‹) in every dimension. Decks on upper floors can substitute for some of the required private open space for upper floor units. For dwelling units which are exclusively upper story units, there shall be deck areas totaling at least sixty (60) square feet in size with no dimension less than five feet (5‹). 3. Installation and Maintenance of Common Open Space: a. Installation: All common area and open space shall be landscaped in accordance with the landscaping plan submitted by the applicant and approved by the City; provided, that common open space containing natural features worthy of preservation may be left unimproved. Prior to the issuance of any occupancy permit, the developer shall furnish a security device to the City in an amount equal to the provisions of RMC 4-9-060. Landscaping shall be planted within one year of the date of final approval of the planned urban development, and maintained for a period of two (2) years thereafter prior to the release of the security device. A security device for providing maintenance of landscaping may be waived if a landscaping maintenance contract with a reputable landscaping firm licensed to do business in the City of Renton is executed and kept active for a two (2) year period. A copy of such contract shall be kept on file with the Development Services Division. b. Maintenance: Landscaping shall be maintained pursuant to requirements of RMC 4-4-070. 4. Installation and Maintenance of Common Facilities: a. Installation: Prior to the issuance of any occupancy permits, all common facilities, including but not limited to utilities, storm drainage, streets, recreation facilities, etc., shall be completed by the developer or, if deferred by the Planning/Building/Public Works Administrator or his/her designee, assured through a security device to the City equal to the provisions of RMC 4-9-060, except for such common facilities that are intended to serve only future phases of a planned urban development. Any common facilities that are intended to serve both the present and future phases of a planned urban development shall be installed or secured with a security instrument as specified above before occupancy of the earliest phase that will be served. At the time of such security and deferral, the City shall determine what portion of the costs of improvements is attributable to each phase of a planned urban development. b. Maintenance: All common facilities not dedicated to the City shall be permanently maintained by the planned urban development owner, if there is only one owner, or by the property owners‹ association, or the agent(s) thereof. In the event that such facilities are not maintained in a Springbrook Ridge PUD File No.: LUA 09-024, PPUD, ECF, LLA September 24, 2009 15 Page responsible manner, as determined by the City, the City shall have the right to provide for the maintenance thereof and bill the owner or property owners‹ association accordingly. Such bill, if unpaid, shall become a lien against each individual property. (Ord. 5153, 9-26-2005) 2. It appears that some background on a PUD (Planned Urban Development) is necessary. The fact is that a PUD is kind of a compact or contract between the property‹s owner or developer and the City. The City modifies or relaxes its normal standards such as lot size or setbacks or street dimensions andthe developer agrees to provide enhanced development and, it must be emphasized "AND" public benefit. The City‹s Critical Areas ordinances and complementary regulations already protect the natural features on this site. So the question is whether the proposed development, two separate buildings with substantial and interesting design features as well as the proposed trail, provide sufficient public benefit. 3. The buildings are well-designed and provide more than the required modulating elements. There will be an interplay of vertical and horizontal elements as well as the use of a variety of materials and colors. All of these combined architectural elements will soften the appearance of the building and provide the viewer with buildings with less apparent bulk as well as visual interest. There will be decks on the residential building and overhangs and canopies on both buildings. The rooflines will modulate and the facades step inward or change direction. Landscaping all around the project area and in the interior will provide visual relief. The one intrusive element is the applicant‹s proposed bridge over the creek in the interior of the site. While the applicant and staff suggested this enhances the project, clearly, it creates tradeoffs including the additional intrusion into the creek and its buffer area. It clearly enhances internal circulation on the site but is it necessary for the two buildings to be tied together by a vehicular crossing of a creek? The two buildings serve two completely different functions, one residential and the other retail and office. While the retail offerings might appeal to the residents of the complex, a pedestrian bridge, a much smaller, less intrusive crossing, could tie those functions together. It appears that the main selling point of this vehicular bridge is to serve automotive interests and allow parkers to park either north or south of the creek for access to the office building. It appears staff believes this is an appropriate. And it might be given the nature of surrounding roads and the limited right-in/right-out limitations on the driveways serving this site. At the same time, limitations exist for most uses along Benson since free left turn movements are restricted as they are in other areas of the City such as Rainier. For this tradeoff the applicant definitely needs to create and welcome the public on trails along the creek throughout the site. The pedestrian connections, delineations and trail extensions recommended by staff are necessary for this PUD to provide the necessary public benefit. 4.Inmostotherparticulars,asnoted,theproposaliswell-designed.Ittakesfulladvantageofthesite‹s location and topography to provide an enhanced layout for the two buildings. They are well-separated providinglightandairtobothbuildings.Viewsfromthesitewillbeenhancedalthoughwiththesacrifice ofthedensewoodsnowonthesite.Thesiteiszonedforcommercialusesbutconfiningthecommercial uses to the southern half of the site reduces impacts on the single family homes north of the site. Commercial uses could generate a different level of traffic in the evening than residential uses in Building Awhichwillfacethosesinglefamilyuses.ThededicationofBuildingAtoresidentialusesmakessense to provide a transition to the more intense uses along Benson Drive. At the same time, the new driveways along 172nd will clearly create new impacts that the current, forested site does not create. Besides traffic, thenewpopulationwillincreasethegeneralhubbub.Theseimpactswereenvisionedwhenthe ComprehensivePlanandZoningwereestablishedforthissiteandarea.Thenewsidewalksandwalking trails will also provide neighbors with safer walking opportunities. 5. The proposed modifications requested for this PUD as denoted by Table A seem appropriate given the constraints of the subject site. While it appears that the applicant could probably have achieved many of its objectives and still met code requirements, the site does contain a creek and heavily trafficked roadways on two sides of this triangular site. The creek, while not of the highest caliber, does cut across Springbrook Ridge PUD File No.: LUA 09-024, PPUD, ECF, LLA September 24, 2009 16 Page the site making for challenging development limitations but also an amenity when fully respected. The buffer averaging and bridge incursion is being offset with appropriate additions to the creek bufferand vegetation enhancements. Landscaping will be generously provided along the perimeter of the site and in the interior. Parking areas willbe screened. Thebuildings contain more than ample architectural detailing. 6. The applicant has requested that the project be permitted to be phased. While the applicant suggests that the residential component would probably be Phase I, the applicant desires to maintain flexibility. In any event,phasingisappropriateaslongasthecreekenhancements,internalbridge,trail,landscaping elements and all frontage improvements are completed with whichever component is Phase I. Frontage improvements along all roads is an important element whether the residential or commercial component becomes Phase I so that neighboring residents can walk to the commercial aspect of this proposal or residents of this complex can circulate to the greater Benson neighborhood and as part of the overall public benefitof developing this property as a PUD as opposed to just meeting CA standards.. 7. In summary, the proposed project appears reasonably well-designed and provides adequate public benefit RECOMMENDATION: The Springbrook Preliminary Planned Urban Development should be approved subject to the following conditions: The Lot Line Adjustment shall be completed and recorded with King County prior to residential building permit approval. The applicant shall extend the proposed soft surface pedestrian path from the vehicular crossing in the center of the site to run along the south side of the stream and connect to Benson Road South, an updated site plan shall be submitted to the Current Planning Project Manager for review and approval prior to Final PUD approval. All pedestrian pathways within parking lots or parking modules shall be differentiated by material or texture from adjacent paving materials. An updated site plan depicting proposed materials or texture for pedestrian pathways through parking areas shall be submitted for review and approval by the Current Planning Project Manager prior to Final PUD approval A detailed final landscape plan shall be submitted and approved by the Current Planning Project Manager prior to building permit approval that indicates landscaping enhancement along the entire frontage of Benson Drive South, with the exception of the portion within the stream buffer area associated with the Class 4 stream on the subject site. The applicant shall submit a detailed final landscape plan for review and approval by the Current Planning Project Manager prior to building permit approval, that indicates either 100 percent drought tolerant plantings or provide a final irrigation plan with the final detailed landscape plan. The applicant shall submit a lighting plan for review and approval by the Current Planning Project Manager prior to construction permit approval. The lighting plan shall contain pedestrian lighting in addition to building and landscaping lighting if proposed. Prior to building permit approval, for the commercial structure, the applicant shall provide a refuse and recycling screening detail to the Current Planning Project Manager for review and approval. Springbrook Ridge PUD File No.: LUA 09-024, PPUD, ECF, LLA September 24, 2009 17 Page The applicant shall provide to the Current Planning Project Manager a revised parking plan that indicates 4 ADA parking spaces for the commercial development prior to Final PUD approval. When the first phase of Springbrook Ridge PUD is to be constructed (either the residential or commercial building), the final approved stream buffer mitigation plan shall be implemented and completed, including but not limited to the addition of the soft surface pedestrian trial, two benches, monument sign, and center site vehicular crossing. The applicant shall complete all frontage improvements along adjoining roadways as part of Phase I development. The applicant shall provide an updated site plan and/or multi-family building plans to the Current Planning Project Manager that shows compliance with the 4,850 square feet of common open space required for the PUD development, prior to Final PUD approval. The decks proposed on the multi-family building, that do not comply with the 5-foot minimum dimension, shall be redesigned to provide no dimension less then 5-feet. The applicant shall submit new floor plans for the multi-family building showing compliance with the 5-foot minimum dimension for private open space to the Current Planning Project Manager prior to Final PUD approval. The applicant shall be required to establish a joint property owners association for the development, which would be responsible for any common improvements, including but not limitedtothesoftsurfacetrailwithinthestreambufferandthesharedparkinglot,withinthe PUD prior to Final PUD approval. 13.Theapplicantshallcompleteallfrontageimprovementsalongadjoiningroadwaysaspartof Phase I development. th ORDEREDTHIS24 day of September 2009. FRED J. KAUFMAN HEARING EXAMINER th TRANSMITTED THIS 24 day of September 2009 to the following: MayorDenis Law Dave Pargas, Fire Jay Covington, Chief Administrative Officer Larry Meckling, Building Official Julia Medzegian, Council Liaison Planning Commission Gregg Zimmerman, PBPW Administrator Transportation Division Alex Pietsch, Economic Development Utilities Division Jennifer Henning, Development Services Neil Watts, Development Services Stacy Tucker, Development Services Janet Conklin, Development Services Marty Wine, Assistant CAO Renton Reporter PursuanttoTitleIV,Chapter8,Section100GoftheCity‹sCode, requestforreconsiderationmustbefiledin . Any aggrieved person feeling that the decision of the writing on or before 5:00 p.m., October 8, 2009 Examinerisambiguousorbasedonerroneousprocedure,errorsoflaworfact,errorinjudgment,orthediscovery ofnewevidencewhichcouldnotbereasonablyavailableatthepriorhearingmaymakeawrittenrequestfora Springbrook Ridge PUD File No.: LUA 09-024, PPUD, ECF, LLA September 24, 2009 18 Page 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 writing on or before 5:00 p.m., October 8, 2009. If the Examiner‰s Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required 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 landuse 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.