HomeMy WebLinkAboutpaccar dec �
Denis Law Mayor
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City Clerk-Jason A.Seth,CMC
March 8, 2017
Jason Hubbell
Barghausen
18215 172"d Avenue South
Kent, WA 98032
Subject: Hearing Examiner's Final Decision
RE: Paccar Pre-Load Soil Retention (LUA-16-000620)
Dear Mr. Hubbell:
Enclosed please find the Hearing Examiner's Final Decision dated March 7, 2017. This
document is immediately available:
• Electronically online at the City of Renton City Clerk Division website at
wwvu.rentonwa.�ovJci#yclerk. Click the "Hearing Examiner Decisions" link on the
right side of the screen located under the section titled, "Helpful Links." The
Hearing Examiner Decisions are filed by year and then alphabetical order by
project name.
I can be reached at (425) 430-6510 or jseth@rentonwa.gov. Thank you.
Sincerely,
,s����
Z'
Jason A. Seth, CMC
City Clerk
cc: Hearing Examiner
Matthew Herrera,Senior Planner
Jennifer Henning, Planning Director
Clark Close,Senior Planner
Brianne Bannwarth, Development Engineering Manager
Craig Burnell, Building Official
Jennifer Cisneros,Secretary, Planning Division
Julia Medzegian,City Council Liaison
Parties of Record(3)
1055 South Grady Way,Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov
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g BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
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10 Paccar Pre-Load Soil Retention
11 Site Plan and Special Grade and Fill Permits FINAL DECISION
� 12 LUA16-00620, SA-H, SP
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Summary
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The applicant is requesting a Special Grade and Fill Permit and Site Plan approval to retain
16 approximately 139,000 cubic yards of soil on the Paccar property located at 1400 N. 4th Street. The
1� two permit applications are approved, subject to conditions.
1 g Testimo�y
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Matthew Herrera, Senior Planner, summarized the proposal. He noted that references in the staff
20 report that the subject property is 25 acres in size is incorrect. The property is 66 acres. The portion
of the property subject to the application is 12 acres. In response to examiner questions, Mr. Herrera
21 responded that the soil at the site would not be used to replenish soil required by a consent decree for
22 the project site and that the sole purpose of the soil pile is storage. The applicant isn't ready at this
point to move the soil off the property. Once modified as proposed and conditioned,the configuration
23 of the soil will not be changed. ,
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Exhibits
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The February 21, 2017 Staff Report Exhibits 1-16 identified at page 2 of the Staff Report were
SITE PLAN AND SPECIAL CLEAR AND GRADE PERMIT
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admitted into the record during the hearing. In addition,the following exhibits were admitted during
2 the hearing.
3 Exhibit 17 February 21, 2017 Staff Report
Exhibit 18 Staff power point
4 Exhibit 19 COR maps on City's website
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6 FINDINGS OF FACT
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Procedurat:
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1. Applicant. Paccar Inc.
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10 2• Hearin�. A hearing was held on the subject applications on February 21, 2017 at 11:00 am in
the City of Renton Council Chambers.
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l2 Substantive:
13 3. Project Description. The applicant is requesting a Special Grade and Fill Permit and Site Plan
approval to retain approximately 139,000 cubic yards of soil on the 66-acre Paccar property located
14 at 1400 N. 4th Street. The existing stockpile is currently located on the southwest portion of the
15 subject property near the Garden Ave. N. and N. 4th St. frontages. The stockpile is the remnant of
preload and surcharge material that was used for soil compaction related to the recently constructed
16 Paccar Parts and Distribution Center(PDC) on the southwest portion of the site. The soil was moved
to its current location in 2015 and stabilized.The PDC building permit approved locating the preload
17 and surcharge materials in its current location for a period of 5-years and then the applicant would be
required to take action. No building construction or access improvements are proposed with the
18 applicant's request.
19 4. Adequacy of Infrastructure/Public Services. The project will be served by adequate
20 infrastructure and public services. Since the proposal is limited to a stabilized pile of soil with no
occupancy, no infrastructure or public services is necessary. The drainage facilities for the site will
21 not be changed as a result of the proposal and no changes are necessary as determined by City staff.
22 5. Adverse I�acts. As conditioned, there are no significant adverse impacts associated with the
23 project. Specific issues related to impacts are discussed below.
24 A. Critical Areas.The proposal is consistent with the City's Critical Areas Regulations and,therefore,
all impacts are adequately addressed and there are no significant adverse impacts to critical areas.
25 Critical areas at the site are limited to Wellhead Protection Zone 2 and High Seismic Area The
applicant has provided fill source statements (Exhibit 6) certified by a professional engineer that
26 the preload soil stockpile materials were obtained from sites that were not on the Hazardous Site
SITE PLAN AND SPECIAL CLEAR AND GRADE PERMIT
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1 List for Model Toxic Control Act or National Priority List for Federal "Superfund" List and the
2 soils are native to the fill source site. The applicant's updated geotechnical memorandum (Exhibit
6) states the existing preload soil stockpile does not require compaction testing as it is non-
3 structural. The report further states the track walking that occurred on the soil during its placement
provided adequate compaction for its stockpile purpose. The report recommends the newly
4 exposed slopes be revegetated as soon as possible to minimize the risk of erosion and
5 sedimentation runoff and all potentially exposed soils be managed and capped with a minimum
one-foot clean soil cap layer. The conditions of approval require compliance with the
( recommendations of the geotechnical report.
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g B. Aesthetics. As conditioned, the project site is adequately screened from view and will not create
any significant adverse aesthetic impacts. There is a six-foot tall chain link fence with barb wire
9 around the perimeter of the project site. City staff has visited the site and determined the fence is
in good condition. The stockpile is setback from the Garden Ave.N. property line approximately
10 25-feet. Setbacks from N. 4th St. are approximately 40-feet. The City has not received any
complaints on the existing stockpile during this application process. City staff has worked with
11 the applicant to modify the existing slope along Garden Ave N and regrade the slope to between
12 4-5 foot horizontal run per 1-foot of vertical rise within 50-feet of the property line and to provide
additional tree planting along the stockpile's south and west perimeter. The area between the fence
13 and the stockpile is vegetated with a mix of mature evergreen trees such as Douglas Fir and
Western Red Cedar and recently planted evergreen trees and shrubs. There are gaps along the
14 Garden Ave.N. frontage where vegetation is sparse or the newly planted vegetation appears to be
unhealthy. The applicant has submitted a revised landscaping plan (Exhibit 5) that provides 103
15 new Western Red Cedar trees to be planted on the existing perimeter adjacent to N.4th St. and the
16 Proposed modified slope along Garden Ave. N. A condition of approval requires the applicant to
submit an irrigation plan for the newly planted trees. Another condition requires the applicant's
1� Landscape Architect to provide an assessment of the existing perimeter landscaping with regard
to health and vigor and prepare and implement a plan to return any unhealthy plants to healthy
18 status or replace those shrubs and/or trees that are dead, diseased, or near death. A surety device
will be required for the newly planted and any replanted vegetation to guarantee plant survival for
19 a period of 5-years.
20 C. Noise and Dust. The proposal will not create any significant adverse noise or dust impacts. Staff
21 determined that the amount of soil cuts and fills on the site are typical of a development project
and therefore code based requirements for noise and dust control limitations should be appropriate.
22 The applicant will be required to implement any additional dust and wheel wash procedures as
identified in a hazardous waste consent decree applicable to the project site and/or company policy
23 document for those areas containing �or:taminated soil that will be disturbed as part of the slope
24 regrade. A condition of approval requires the applicant to submit a Construction Mitigation Plan
that identifies the construction dates, hours of construction, vehicle routes, measures to minimize
25 dust,erosion,mud,and noise. The mitigation plan will also identify all specific special procedures
as required by the consent decree and company policy document to handle, store, and/or remove
26 contaminated soils. The Construction Mitigation Plan shall be submitted to the Current Planning
Project Manager for review and approval prior to grading license approval.
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2 D. Draina�e. Adequate provision is made for ensuring that the proposal doesn't create any significant
adverse drainage impacts. The preload soil stockpile was graded to drain to existing catch basins
3 and conveyance pipes that were on the site prior to grading. The applicant's landscape plan
(Exhibit 5) identifies erosion control planting(hydroseed)for the regraded areas along the Garden
4 Ave. N. frontage. The updated Geotechnical Memorandum recommends the exposed soil on the
5 newly graded slopes be revegetated as soon as possible following regrading to minimize risk of
erosion and sedimentation runof£ A condition of approval reyuires the applicant to comply with
(, all recommendations of the Geotechnical Memorandum.
� E. Views. The existing preload soil stockpile does not block view corridors to shorelines or Mt.
Rainier.
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9 F. Com atibility/Size and location of the activity. As conditioned, the proposal is fully compatible
with surrounding uses. Since the soil stockpile will be largely screened from view and has no
10 other adverse impacts associated with it, it is difficult to conceive of any use to which the proposal
would be incompatible. In any event,the surrounding uses are relatively intense and there are no
11 apparent compatibility issues. The Renton School District Bus Barn and Boeing office with
12 surface parking is located across Garden Ave.N.to the west. Zoning to the west is UC and IL. To
the south of the project are multi-family duplexes and single-family residential is located across
13 N. 4th St. to the south. Zoning to the south is R-10. The Paccar campus with Kenworth Truck
Plant and the new PDC building is located to the north and east, respectively.
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15 Conclusions of Law
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1. Authoritv. RMC 4-9-080(F)(2) provides that the hearing examiner is responsible for granting
1� special permits for fill and grade and the permit is classified is a Type III review by RMC 4-8-080(G).
1 g Site plan review is classified as a Type II permit by RMC 4-8-080(G). Both of the aforementioned
permits have been consolidated. RMC 4-8-080(C)(2) requires consolidated permits to each be
19 processed under"the highest-number procedure". The special permit has the highest numbered review
20 procedures, so both permits must be processed as Type III applications. As Type III applications,
RMC 4-8-080(G) grants the Examiner with the authority to hold a hearing and issue a final decision
21 on them, subject to closed record appeal to the City Council.
22 2. Zonin�/Comprehensive Plan Desi nations. The subject property is zoned Heavy Industrial(IH).
23 The comprehensive plan land use designation is Employment Area(EA).
24 3. Review Criteria. Pursuant to RMC 4-9-200.B, Site Plan Review is required for development in
25 the Employment Area land use designation when it is not exempt from Environmental(SEPA)review.
Site plan review criteria are governed by RMC 4-9-200(E). The special grade and fill permit was
26 required as a condition for approval for the original placement of the soil. The condition required a
special grade and fill permit to retain the soil if it remained on the property for more than five years.
SITE PLAN AND SPECIAL CLEAR AND GRADE PERMIT
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The criteria for special grade and fill permits is governed by RMC 4-9-080(F)(4). All applicable
2 criteria are quoted below in italics and applied through corresponding conclusions of law.
3 Site Plan
4 RMC 4-9-200(E)(3): Criteria: The Administrator or designee must find a proposed project to be in
5 compliance with the following:
6 a. Compliance and Consistency: Conformance with plans, policies, regulations and approvals,
including.•
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g i. Comprehensive Plan: The Comprehensive Plan, its elements, goals, objectives, and policies,
especially those of the applicable land use designation; the Commttnity Design Element; and any
9 applicable adopted Neighborhood Plnn;
10 ii. Applicable land use regulations;
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iii. Relevant Planned Action Ordinance and Development Agreements; and
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iv. Design Regulations:Intent and guidelines of the design regulations located in RMC 4-3-100.
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4. The proposal is consistent with the comprehensive plan as outlined in Finding No. 20 of the
14 staff report. The proposal is consistent with the zoning code as outlined in Finding No. 22b of the
15 staff report. No design standards apply as the proposal is not in a design district. No planned action
ordinance or development agreement applies.
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RMC 4-9-200(E)(3)(b): Off-Site Impacts: Mitigation of impacts to surrounding properties and
1� uses, inclz�ding.•
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i. Structures:Restricting overscale structures and overconcentration of development on a particular
19 portion of the site;
20 ii. Circulation: Providing desirable transitions and linkages between uses, streets, walkways and
21 adjacent properties;
22 iii. Loading and Storage Areas: Locating, designing and screening storage areas, utilities, rooftop
equipment, loading areas, and refuse and recyclables to minimize views from surroundingproperties;
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24 iv. �ews: Recognizing the public benefit and desirabiliry of maintaining visual accessibiliry to
attractive natural features;
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v. Landscaping: Using landscaping to provide transitions between development and surrounding
2 properties to reduce noise and glare, maintain privacy, and generally enhance the appearance of the
3 project; and
4 vi. Lighting: Designing and/or placing exterior lighting and glazing in order to avoid excessive
brightness or glare to adjacent properties and streets.
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5. All off-site impacts have been addressed in Finding of Fact No. 5. As conditioned and as
6 determined in Finding of Fact No. 5, the proposal will not create any significant off-site impacts. The
� criterion is met.
8 RMC 4-9-200(E)(3)(c): On-Site Impacts:Mitigation of impacts to the site, including:
9 i. Structure Placement: Provisions for privacy and noise redzaction by building placement, spacing
10 and orientation;
11 ii. Structure Scale: Consideration of the scale of proposed structures in relation to natural
characteristics, views and vistas, site amenities, sunlight, prevailing winds, and pedestrian and
12 vehicle needs;
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iii.Natural Features:Protection of the natural landscape by retaining existing vegetation and soils,
14 zrsing topography to redz�ce undue cutting and filling, and limiting impervious surfaces; and
15 iu Landscaping: Use of landscaping to soften the appearance of parking areas, to provide shade
16 and privacy where needed, to define and enhance open spaces, and generally to enhance the
appearance of the project. Landscaping also includes the design and protection of planting areas so
1� that they are less susceptible to damage from vehicles or pedestrian movements.
18 6. The criterion is met. Most requirements do not apply, as there are no buildings or other
19 improvements at the stockpile site. All existing vegetation is proposed to be retained and a condition
of approval requires the applicant to revitalize areas that may be in decline. No impervious areas are
20 proposed with the application. Existing and new landscaping planted between the property fence and
soil stockpile softens the effects of the grade change from the street. A majority of the landscaping
21 are evergreen varieties that will provide screening year-round. New frontage improvements along
Garden Ave N. also incorporated several of the site's existing mature evergreen trees,which provide
22 a tree lined sidewalk along the portions of the frontage. Planting areas are located behind a 6-foot tall
2� chain link fence and therefore not be susceptible to damage.
24 RMC 4-9-200(E)(3)(d): Access and Circulation: Safe and efficient access and circulation for all
users, including:
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i.Location and Consolidation:Providing access points on side streets or frontage streets rather than
2 directly onto arterial streets and consolidation of ingress and egress points on the site and, when
3 feasible, with adjacent properties;
q. ii.Internal Circulation:Promoting safety and efficiency of the internal circulation system, including
the location, design and dimensions of vehiculcrr anc�pedestrian access points, drives, parking,
5 turnarounds, walkways, bikeways, and emergency access ways;
6 iii.Loading and Delivery:Separating loading and delivery areas from parking and pedestrian areas;
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iv. Transit and Bicycles:Providing transit, carpools and bicycle facilities and access; and
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v. Pedestrians: Providing safe and attractive pedestrian connections between parking areas,
9 buildings,pzrblic sidewalks and adjacent properties.
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7. The criterion is met and is mostly inapplicable. The proposal is not accessed by and does not
11 interfere with any pedestrian or vehicular circulation and no connections to pedestrian or vehicular
12 improvements are necessary. There are no loading areas.
13 �C 4-9-200(E)(3)(e): Open Space: Incorporating open spaces to serve as distinctive project
focal points and to provide adequate areas for passive and active recreation by the occupants/zisers
14 of the site.
15 g, No open space is required for this use
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RMC 4-9-200(E)(3)(�: Views and Public Access: When possible, providing view corridors to
1� shorelines and Mt. Rainier, and incorporating public access to shorelines.
1 g 9. There are no view corridors to shorelines or Mt. Rainier affected by the proposal.
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RMC 4-9-200(E)(3)(g): Natural Systems:Arranging project elements to protect existing natural
20 systems where applicable.
21 10. As determined in Finding of Fact No. 5, the natural systems at the site (i.e. critical areas) will
22 not be adversely affected by the proposal.
23 RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and
24 facilities to accommodate the proposed use.
25 11. The project is served by adequate services and facilities as determined in Finding of Fact No.
4.
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RMC 4-9-200(E)(3)(i): Phasing: Including a detailed sequencing plan with development phases
2 and estimated time frames,for phased projects.
3 12. No phasing is proposed.
4 Fill and Grade Permit
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RMC 4-9-080(F)(4): ...To grant a special permit, the Hearing Examiner shall make a determination
7 that.. the proposed activity would not be unreasonably detrimental to the surroundirrg area. The
Hearing Examiner shall consider, but is not limited to, the following.•
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i. Si�e crnd location of the activitv.
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11 ii. Trcrffic volzrme crnd patterns.
12 iii. Screerring, lanc�scaping,,fencing and s�etbncks.
13 iv. Unsightliness, noise arrd chrst.
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v. Surfaee clraincrge.
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16 vi. The length of time the application of an existing operation has to comply with
nonsafety provisions of this Title.
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1 g 13. The proposal will not be unreasonably detrimental to the surrounding area because it will not
19 create any significant adverse impacts as determined in Finding of Fact No. 5. RMC 4-9-80(F)(4)(i)-
(v) is directly addressed in Finding of Fact No. 5. As to RMC 4-9-80(F)(4)(v), a condition of approval
20 limits permit approval to ten years. If the applicant intends to keep the preload materials longer than
the 10-year time limitation, the applicant shall submit a new special fill and grade permit application
21 no later than 9-years from the date of this decision. Removal and/or reuse of the soil stockpile will also
require the applicant to obtain the applicable land use,building, and/or grading approvals no later than
22 9-years from the date of this decision.
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DECISION
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1 Based upon the conclusion that all applicable criteria are satisfied as noted in the Conclusions of
2 Law above,the requested a Special Grade and Fill Permit and Site Plan applications are approved
subject to the following conditions:
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L The applicant shall comply with the mitigation measures issued as part of the Determination
4 of Non-Significance Mitigated, dated December 18, 2006.
5 2. The applicant shall submit an irrigation plan for the newly planted trees for review and
approval by the Current Planning Project Manager prior to Grading License approval.
6 3. The applicant shall provide an assessment of the existing perimeter landscaping by a
� Landscape Architect with regard to health and vigor and recommend a plan to return any
unhealthy plants to healthy status or replace those shrubs and/or trees that are dead,diseased,
8 or near death. A surety device shall be provided for the newly planted and any replanted
vegetation to guarantee plant survival for a period of 5-years.
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4. The applicant shall comply with all applicable reyuirements of the Consent Decree and the
10 company policy document (Exhibit 10) with regard to contaminated soil handling and
relocation.
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5. The applicant shall submit a Construction Mitigation Plan that identifies the construction
12 dates, hours of construction, vehicle routes, and measures to minimize dust, erosion, mud,
and noise. The mitigation plan shall also identify all specific special procedures as required
13 by the Consent Decree and company policy document to handle, store, and/or remove
14 contaminated soils. The Construction Mitigation Plan shall be submitted to the Current
Planning Project Manager for review and approval prior to Grading License approval.
15 6. The applicant shall comply with all recommendations of the Geotechnical Memorandum
16 prepared by Hart Crowser, dated November 29, 2016.
7. The Special Fill and Grade Permit is valid for 10-years from the date of the final decision.
1� If the applicant intends to keep the preload materials longer than the 10-year time limitation,
18 the applicant shall submit a new special fill and grade permit application no later than 9-
years from the date of this decision. Removal and/or reuse of the soil stockpile will also
19 require the applicant to obtain the applicable land use, building, and/or grading approvals
no later than 9-years from the date of this decision.
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22 Decision issued March 7, 2017.
23 ��--``�"��,,��_„�—�'`�'—_..
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24 Phi A.fJlbcechts
25 Hearing Examiner
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4 Appeal Right and Valuation Notices
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6 RMC 4-8-080(G)classifies the application(s) subject to this decision as Type III applications subject
to closed record appeal to the City of Renton City CounciL Appeals of the hearing examiner's
� decision must be filed within fourteen (14)calendar days from the date of the decision. A request for
reconsideration to the hearing examiner may also be filed within this 14-day appeal period.
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Affected property owners may request a change in valuation for property tax purposes
9 notwithstanding any program of revaluation.
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