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Council MIN 10-27-2003 Special FEDERAL WAY CITY COUNCIL Special Meeting/Public Hearing Council Chambers - City Hall October 27, 2003 - 7:00 p.m. (continued from October 22, 2003) Minutes I. CALL MEETING TO ORDER Mayor Burbidge called the Federal Way City Council special meeting and continued public hearing to order at the hour of 7:03 p.m. She explained Council members previously heard argument and public comment on the appeal challenging Sound Transit's land use application for a Regional Transit Center in Federal Way's downtown core on October 22, 2003-both argument and public comment were closed before the end of that special meeting/public hearing. Mayor Burbidge further reminded all in attendance that this is a quasi-judicial proceeding and, as stated at the earlier hearing on October 22,2003, the City Attorney advises the City Council-not the City Staff-during this public hearing; therefore, Attorney Pat Richardson would be seated at the dais as a resource to her regarding procedural matters only. She also advised if Council needs legal advice during this hearing, they will recess to executive sessiun. Councilmembers present: Mayor Jeanne Burbidge, Deputy Mayor Dean McColgan, and Councilmembers Jack Dovey, Eric Faison, Linda Kachmar and Mike Park. Councilmember Gates was absent-she recused herself earlier because of a contlict of interest-she is currently a member of the Sound Transit Board. City Staff present: City Attorney Pat Richardson, Assistant City Attorney Karen Jorgensen, Senior Planner Lori Michaelson and City Clerk Chris Green. Counsel for parties present: David Larson for the appellants and Steve Sheehy for the respondent. II. PUBLIC HEARING (continued from October 22, 2003) Appeal of Hearing Examiner's Decision on the Federal Way Transit.Center . Council Deliberation · Potential Action At 7:04 p.m., Mayor Burbidge opened the continued public hearing to consider the appeal of the Sound Transit Land Use Application, and explained this is a "closed record hearing" -meaning the Council may consider only the evidence that was before the Hearing Examiner, the briefing submitted in this appeal, and the arguments and statements presented on October 22, 2003, which ~(Q)~lf Federal Way City Council Special Meeting/Public Hearing (continued from October 22, 2003) October 27, 2003 - Page 2 of 4 were within the scope of the record and the issues raised in the notice of appeal. Argument and public comment has already been closed, so there will be no further comment by the parties or their representatives during deliberations. A copy of the continued public hearing script for this quasi-judicial proceeding is marked as Exhibit" A" and attached hereto. Mayor Burbidge reminded Councilmembers they must disclose any ex parte contacts regarding Sound Transit's application between adjournment of the special meeting/public hearing on October 22, 2003, to present. Councilmember Kochmar noted, as she clarified at Wednesday's hearing, she had conversations with Vicki Youngs and Agnes Govern of Sound Transit before the appeal. There were no additional exparte contacts disclosed. David Larson, attorney for the appellant, stated his objection to the City Attorney again being seated at the dais with Council; he also objected to executive sessions being held during the previous public hearing on October 22-said both are procedural matters and should be done in open meeting-Mayor Burbidge stated his objection was noted for the record. Mayor Burbidge then read the following statement: "The purpose of this hearing is to determine whether the Hearing Examiner's decision granting Sound Transit's land use application for the Federal Way Transit Center should be reversed or affirmed. Last Wednesday the Council ruled on Sound Transit's Motion to Strike Allege Errors; the Appellant agreed that Alleged Error 14 should be stricken; Respondent Sound Transit withdrew its motion to strike Alleged Error 13; and Council voted to deny Sound Transit's request to strike Alleged Error 8. Therefore, all the Appellant's alleged errors are before Council for deliberation, except for Alleged Error 14". Mayor Burbidge read Alleged Error No.1, as stated in the attachment hereto. Attorney Larson objected to the Mayor's reading from a staff report vs. the appellant's memorandum-the Mayor clarified she was reading from the Hearing Examiner's decision, not a staff report. Council deliberation followed on Alleged Error No.1. Mayor Burbidge read Alleged Error No.2 and reminded Council that based on the 1998 and 1999 Comprehensive Plan considerations, the Transit Center site has been selected, with the site located at the southwest corner of 23rd Ave So and So 316rh St. She also reminded Councilmembers they are evaluating the Hearing Examiner's record. Council deliberation followed on Alleged Error No.2. Mayor Burbidge then read Alleged Error Nos. 3, 4 and 5, followed with a lengthy deliberation by Councilmembers. Federal Way City Council Special Meeting/Public Hearing (continuedfrorn October 22, 2003) October 27, 2003 - Page 3 of 4 At 7:55 p.m., Mayor Burbidge announced an approximate 5-minute executive session as cited on the agenda, pursuant to RCW 42.30. 140(2)-Appellant's Attorney David Larson objected to the executive session based on his earlier assertion-City Attorney Pat Richardson noted his objection for the record. Council returned to chambers at 8:01 p.m., at which time Mayor Burbidge reconvened the continued special meeting/public hearing. Mayor Burbidge then continued with reading of Alleged Error Nos. 6, 7, 8, 9 and lO-each Alleged Error addressed was followed by Council deliberation. At the hour of 8:35 p.m., Mayor Burbidge called for a brief lO-minute recess; she reconvened the special meeting/publie hearing at 8:45 p.m. Mayor Burbidge continued reading Alleged Error Nos. 11, 12 and 13; Councilmembers continued deliberating on the remaining Alleged Errors. She remindedCouncil that Alleged Error No. 14 was previously stricken on October 22, 2003. Mayor Burbidge concluded deliberations by reading the statement on additional arguments as identified in Exhibit "A". \ } As a point of order, Appellant's attorney David Larson asked who prepared the written comments, and was advised by the Mayor that comments were prepared by the city's legal statf. Mayor Burbidge then asked Council if they were ready to place a motion on the floor. MOTION BY COUNCILMEMBER FAISON TO AFFIRM THE HEARING EXAMINER'S APPROVAL OF SOUND TRANSIT'S LAND USE APPLICATION AND ADOPT THE HEARING EXAMINER'S FINDINGS AND CONCLUSIONS; SECOND BY COUNCILMEMBER PARK. THE MOTION PASSED AS FOLLOWS: Burbidge yes Faison yes Gates absent/recused Dovey yes Kochmar no McColgan yes Park yes In conclusion, Mayor Burbidge asked the City Attorney to prepare written findings of fact and conclusions of law for review and adoption at the regular Council meeting November 18, 2003, consistent with Council's decision on the record. III. EXECUTIVE SESSION Ouasi-Judicial Matter/Pursuant to RCW 42.30.140(2) No additional executive session was necessary. Federal Way City Council Special Meeting/Public Hearing (continued from October 22, 2003) October 27, 2003 - Page 4 of 4 IV. ADJOURNMENT Mayor Burbidge then adjourned the special meeting/public hearing at the hour of 9: 14 p.m. ~OL~.g~ N. Christine Green, CMC ' , City Clerk FEDERAL WAY CITY COUNCIL FEDERAL WAY TRANSIT CENTER APPEAL CONTINUED PUBLIC HEARING-- DELIBERATIONS MONDAY, OCTOBER 27, 2003 Q " . - ~1(D 7 1611- cy- A. Introduction During special session on October 22,2003, the Council heard argumcnt and public comment on the appeal challenging Sound Transit's land use application for a Regional Transit Center in Federal Way's downtown core. Argument and public corrunent were closed before the end ofthat hearing, and Council continued the special hearing to this evening, October 27, 2003. I would like to remind you that this is a quasi-judicial proceeding. As stated before, the City Attorney advises the City Council and not the City Staff during this proceeding. She is sitting with City Council as a resource to me regarding procedural matters only. When Council needs legal advice, we will adjourn to Executive Session. I will now open the continued public hearing to consider the appeal of the Sound Transit's Land Use Application. This is a "closed record hearing," which means that the Council may consider only the evidence that was before the Hearing Examiner, the briefing submitted in this appeal, and the arguments and statements prcsented on October 22nd which were within the scope of the record and the issues raiscd in the notice of appeal. Argument and public conunent has already been closed, so there will be no further comment by the parties or their representatives during deliberations. Ifany Council member has had any ex parte contacts regarding Sound Transit's application between the adjournment on Wednesday, October 22,2003, and this moment, I would ask you to place the substance and the identify of the contact on the record. The purpose of this hearing is to determine whether the Hearing Examiner's decision granting Sound Transit's land use application for the Federal Way Transit Center should be reversed, or affirmed. Last Wednesday, the Council ruled on Sound Transit's Motion to Strike Alleged Errors. The Appellant agreed that Alleged Error 14 should be stricken. Respondent Sound Transit withdrew its motion to strike Alleged Error 13. Council voted to deny Sound Transit's request to strike alleged error 8. Therefore, the all of Appellant's alleged errors are before the Council for deliberation, except for Alleged Error 14. mrnrnIT It I/~ SUGGESTED CHECKPOINTS FOR DELIBERATION Alleged Error No. I: Appellants allege that the hearing examiner's decision is in error (on pages 7-8, paragraph 6(C)) because, "[t]he Tukwila decision referred to does not control this matter. " 6(C) - In recognition of the above statutory scheme, the Central Puget Sound Growth Management Hearings Board in Sound Transit v. City of Tukwila, Case No. 99-3-0003, confirmed that Sound Transit's proposed light rail system meets the definition of a "regional transportation facility" and is thus an "essential public facility". The Board limited the City of Tukwila's discretionary authority to impose reasonable conditions and mitigation measures as follows: Cities are not regional decision-making bodies under the GMA and thus may not make decisions regarding system location or design of regional essential public facilities; nevertheless, the act does contemplate a collaborative role for cities in making and implementing regional decisions. Before a reRional decision is made, a city may attempt to influence that choice by means such as providinR information to the rel!ional body, commentinR on the alternatives under consideration, or expressinl! its location preference in its comprehensive plan. However, after the rel!ional decision is made, the city then has a duty to accommodate the essential public facility, and the exercise of its land use powers may only impose reasonable conditions and mitigation that will not effectively preclude the essential public facility by rendering it impracticable. In the instant case, the city may lobby for Sound Transit to adopt the city's favored alignment...However, Sound Transit is the authority vested with the responsibility to make routing and system design decision for regional light-rail service. . It is Sound Transit that makes the final decision selectinl! route alil!nment...Once that rel!ional decision is made, the city has a duty not to preclude the lieht-rail aliRnment selected by Sound Transit... (emphasis supplied). In the present, case sound Transit, following consultation and coordination with the City, has decided to locate a regional transit center at the southwest corner of 23rd Ave. S. and S. 316th St. The City of Federal Way must accommodate the proposed essential public facility. 2 Consider the STANDARD OF REVIEW - SUBSTANTIAL EVIDENCE: Substantial evidence exists when there is a sufficient quantity of evidence in the record to persuade a fair-minded, rational person of the truth of the finding. Talk on the record about whether you think the H.E. properly applied the standard and whether you think he's right or wrong to refer to the Tukwila case in the finding based upon the evidence in the record; mention specific document titles and exhibit numbers whenever you can. Alleged Error No.2: Appellants allege that the hearing examiner's decision isin error (on pages 8-9, , paragraph 6(D)) because, "[t]he decision did not include the entire text of the Comprehensive Plan section sited and failed to consider the amendments to the ' Comprehensive Plan made in 2001 by the City Council which was made part of Exhibit 9." . "\ i i 6(D) - In 1998 and 1999 the City amended the Federal Way Comprehensive Plan to authorize the proposed transit center within the City Center Plan. The Transit Element of the plan' provides in pertinent pa..t as follows: Efficient, convenient and reliable transi~ is important to this Plan's emphasis to reduce auto dependency through the creation of viable travel options...A multi-model system which includes transit will bring commuters and shoppe..s to and from other areas of Fede..al Way and adjacent communities. A high capacity transit system with a principal stop in the core area will distribute people regionally and connect to other bus based t..ansit systems... The Transit Center is considered by the City as a major anchor to the urban cente.. designation in the Vision 20/20 Plan adopted by the PSRC.... Based upon these considerations, the Transit Center site has been selected. The site is located at the southwest corner of23rd Ave. S. and S. 316th St. (emphasis supplied). Policies of the comprehensive plan include the following: CCP29. Participate actively in ..egional efforts to develop a high capacity transit system to serve the City Cente...... 3 CCP31. Establish the most intensive levels oftransit service to the City Center area. The comprehensive plan specifically authorizes a transit center at the location proposed. Consider the STANDARD OF REVIEW - SUBSTANTIAL EVIDENCE: Substantial evidence exists when there is a sufficient quantity of evidence in the record to persuade a fair-minded, rational person of the truth of the finding. Talk on the record about whether you think the H.E. properly applied the standard and whether you think he's right or wrong in his finding regarding the transit element of the comprehensive plan when the entire plan was not part of the record based upon the evidence in the record; mention specific document titles and exhibit numbers whenever you can. Alleged Error No.3: Appellants allege that the hearing examiner's decision is in error (on page 11, paragraph 7(B)) because, "[t]he decision made in the legislative process is not relevant and the hearing examiner failed to consider the Twin Lakes Park and Ride capacity. The project does not comply with the transportation goals and policies of the comprehensive plan. There is no evidence in the record that there are, or will be, significant job opportunities within walking distance of the transit center that will reduce dependency on the automobile and improve pedestrian circulation. In. fact, the opposite is true. A giant park and ride downtown will dog streets with commuters going to other cities, thereby discouraging nearby office and other business development. With the above factors in mind, findings are hereby made on the criteria for evaluating Class I Essential Public Facilities as set forth in Section 22- 946.1(b) FWCC as follows: 7(8) - The second criteria reads: Relationship of services area to population. The facility should service a share ofthc Federal Way's population within the City. The proposed site should also. be in a location that reasonably serves its overall service area population. The transit center will accommodate peak period commuters, all-day regional commuters,and all day local riders, all which will grow in terms of demand and service. Sound Transit considers it of significant importance to accommodate connections between local and regional services. Upgrading service and providing new bus routes will result in higher volumes of transit 4 ride.-s transferring between routes. The site was selected due to its reasonable accessibility to the populations it is intended to serve, which includes both local and regional commuters. The proposed location provides immediate HOV access for regional commuters, and the parking maximizes the number of HOVs which can use the facility. The project complies with population projections and transportation goals and policies contained in the comprehensive plan. These policies direct the highest density development to the CC-C designation where residents will have significant job opportunities within walking distance of the transit center, thereby reducing dependency on the automobile and improving pedestrian circulation. Thus, the transit center location will ensure efficient service to local commuters as well. Consider the STANDARD OF REVIEW- SUBSTANTIAL EVIDENCE: Substantial evidence exists when there is a sufficient quantity of evidence in , the record to persuade a fair-minded. rational person of the truth of the finding. Talk on the record about whether you think the H.E. properly applied the standard and whether you think he's right or wrong in finding that the transit center does serve a share of Federal Way's population and reasonably serves the overall population based upon the evidence in the record; mention specific document titles and exhibit numbers whenever you can. ] / Alleged Error NO.4: Appellants allege that the hearing examiner's decision is in error (on page 12, paragraph 7(0)) (portion of decision relating to alternative site selection) as, "[t]he legislative actions of the City of Fedcral Way do not support the proposed location for a parking garage as proposed." With the above factors in mind, findings are hereby made on the criteria for evaluating Class I Essential Public Facilities as set forth in Section 22- 946.1(b) FWCC as follows: 7(D) - Criteria four reads: Alternative site selection. The sponsor shall document whether any alternative sites have been identified that meet the minimum site requirements of the facility. Where a proposal involves expansion of an existing site, the documentation should indicate why relocation of the facility to another site would be infeasible. Sound Transit explored a significant number of alternatives as explained in the NEP A EA. The first screening considered 38 combinations of alternatives and focused on transit/transportation issues, potential 5 environmental impacts, and land use/economic development. Following review, Sound Transit reduced the 38 original alternatives to ten. The second screening process consisted of evaluating the ten alternatives in accordance with 36 elements in four categories, and determining the most reasonable and feasible alternatives to carry forward in the environmental documentation process. Sound Transit eventually identified the proposed location as the preferred alternative for several reasons. Better traffic and transit operations; large enough site to accommodate both the transit center and parking structure; short distance between the facility and the ROV direct access ramp; location of the site near the geographic center of downtown Federal, Way; and the overall highest ranking alternative at the conclusion of the screening. Furthermore, legislative actions by the Federal Way City Council support the proposed location of the transit center (comprehensive plan amendment). Sound Transit has properly evaluated a sufficient number of sites and therefore satisfies Criteria four. Consider the STANDARD OF REVIEW - SUBSTANTIAL EVIDENCE: Substantial evidence. exists when there is a sufficient quantity of evidence in the record to persuade a fair-minded, rational person of the truth of the finding. Talk on the record about whether you think the H.E. properly applied the standard and whether you think he's right or wrong in finding that comprehensive plan amendment, which is the legislative action, supports the transit c~nter based upon the evidence in the record; mention specific document titles and exhibit numbers whenever you can. Alleged Error No.5: Appellants allege that the hearing examiner's decision is in error (on page 13, paragraph 7(E)) because, "[t]he Park and Ride will not provide a more diverse, multi- modal transportation system with the city center. The comprehensive plan does not specify a high capacity transit station at the intersection ofS. 316th and 23rd Ave. S., and, in fact, it specifies a low rise pedestrian friendly transit center, not a parking garage with no room for the types of activities envisioned by the comprehensive plan. The location of the parking garage as proposed will unduly burden the downtown with two very large park and rides two blocks apart causing multiple entry points for transit related traffic to the north and south of the 320th." 6 With the above factors in mind, findings are hereby made on the criteria for evaluating Class I Essential Public Facilities as set forth in Section 22- 946.1(b) FWCC as follows: 7(E) - The fifth criteria reads: Concentration of essential public facilities. In considering a proposal, the City shall examine the overall concentration of these facilities within the City to avoid placing undue burden on anyone neighborhood. As previously found, location of the transit center in the City Center Core complies with the comprehensive plan policies. The plan seeks to concentrate future growth in the City's core to include new infrastructure. The transit center will provide a more diverse, multi-model, transportation system within the City center. The comprehensive plan specifies a high capacity transit station at the intersection of S. 316tlt St. and 23rd AVe. S. and also calls for improvements to include direct HOV access to 1-5. The City presently supports three essential public facilities, all of which are located in differel,lt geographic areas of the City and none in the City Center Core or in proximity to the proposed transit center. Approval of the transit facility will not overly concentrate essential public facilities. Consider the STANDARD OF REVIEW -SUBSTANTIAL EVIDENCE: Substantial evidence exists when there is a sufficient quantity of evidence in the record to persuade a fair-minded, rational person of the truth of the finding. Talk on the record about whether you think the H.E. properly applied the 5th EPF criteria and whether you think he's right or wrong in finding that the location for the transit center does not concentrate essential public facilities to place an undue burden on anyone neighborhood. Base your decision upon the evidence in thE; record; mention specific document titles and exhibit numbers whenever you can. Alleged Error No.6: Appellants allege that the hearing examiner's decision is in error (on page 13-14, paragraph 6(F)) because, "[i]t is undisputed that there has been no public participation in this application since Sound Transit submitted its application to the city in November 2002. Previous outreach showed overwhelming opposition to the proposed location. Previous outreach addrcssed hypothetical locations, and did not involve the requirements ofthc Federal Way Municipal Code to require public input after the application was made. " 7 {*** JEANNE ~ PLEASE NOTE THAT THE APPEAL REFERS TO THE WRONG PARAGRAPH NUMBER - SHOULD BE 7(F).***} With the above factors in mind, findings are hereby made on the criteria for evaluating Class I Essential Public Facilities as set forth in Section 22- 946.1(b) FWCC as follows: /\u ~v--- ,0\ vi> 6(F) - Criteria six reads: ) {U OJ Public participation. Sponsors shall conduct local outreach efforts. ? J. with early notification to. prospective neighbors to inform them about ~~\(\ ),( the project and to engage local residents in site planning and x. (.... mitigation design prior to the initiation of formal hearings. ('P ~6 r ~~ While residents assert that Sound Transit and the City did not ", 'k. Y provide adequate notice, especially following submittal of the present rY- application, the records shows numerous opportunities for citizen involvement from as early as February 16,1993, when the City Council invited public comment on regional transportation issues. According to Attachment 2 to Exhibit 35 the number of notices or opportunities for public comment included once in 1993; once in 1995; four times in 1996; three times in 1997; 13 times in "1998; 24 times in 1999; 13 times in 2000; 17 times in 2001; seven times in 2002; and three times in 2003. In addition, between November 6, 1998, and the present, 23 articles in the news media addressed the project. The public had notice well in advance of actions by both Sound Transit and the Federal Way City Council, and had opportunity to comment at open houses, a design charrette, and environmental assessment and design hearing, and following the mailing of approximately 10,000 news letters. Sound Transit and the city conducted outreach efforts and provided early notification as required by Criteria 6. Consider the STANDARD OF REVIEW - SUBSTANTIAL EVIDENCE: Substantial evidence exists when there is a sufficient quantity of evidence in the record to persuade a fair-minded, rational person of the truth of the finding. Talk on the record about whether you think the H.E. properly applied the 6th EPF criteria and whether you think he's right or wrong in findingl that the Sponsor, Sound Transit, provided early public outreach regarding site planning and design prior to the H.E. decision on the land use application. Base your decision upon the evidence in the record; mention specific document titles and exhibit numbers whenever you can. 1 The quotation is not in Finding of Facts paragraph 6(F) on pages 13-14. 8 Alleged Error NO.7: Appellants allege that the hearing examiner's decision is in error (on page 15, paragraph 8 (A)) because, "[t]he city did not authorize a Park and Ride ofthe kind and nature proposed. The 2001 amendments to the comprehensive plan were not considered." Findings on each Process IV decision criteria as set forth in Section 22-445 FWCC are hereby made as follows: 8(A) - Criteria one reads: It is consistent with the comprehensive plan. ;i" f ':i As previously found, the City Council has specifically authorized a transit center in the CC-C comprehensive plan designation at the proposed location. Numerous policies of the comprehensive plan support the project as shown on Exhibit "0" to the staff report. While some general policies of . the plan may not be completely consistent with the project, the specific comprehensive plan criteria addressing the City Center core and transit center unequivocally support the project. The project also incorporates quality architectural and site design standards as contemplated by the comprehensive plan for City Center development. The project also provides opportunities for future transit oriented development as contemplated by the NEP A EA and 'the interlocal agreement. Furthermore, staff has testified and set forth in the staff report that the prilject complies with the comprehensive plan. Such determination is entitled to substantial deference. Consider the STANDARD OF REVIEW - SUBSTANTIAL EVIDENCE: Substantial evidence exists when there is a sufficient quantity of evidence in the record to persuade a fair-minded, rational person of the truth of the finding. . Talk on the record about whether you think the H.E. properly applied Process IV criteria Number 1 (consistent with the comprehensive plan) and whether you think he's right or wrong in finding2 the transit center is consistent with the comprehensive plan based upon the evidence in the record; mention specific document titles and exhibit numbers whenever you can. Alleged Error No.8: Appellapts allege that the hearing examiner's decision is in error (on page 15, paragraph 8(B)) because, "(flor all the respons [reasons] previously stated this statement is in error." 2 The quotation in the alleged error is not in paragraph 8A, pages 14-15 of the Hearing Examiner's decision. 9 Findings on each Process IV decision criteria as set forth in Section 22-445 FWCC are hereby made as follows: 8(8) - Criteria two states: It is consistent with all applicable provisions of this chapter and all other applicable laws. The project complies with the purpose and intent of the FWCC as well as with applicable plans and polices at all governmental levels to include GMA. As previously found, the project complies with all decision criteria for Class I Essential Public Facilities and the comprehensive plan. Consider the STANDARD OF REVIEW - SUBSTANTIAL EVIDENCE: Substantial evidence exists when there is a sufficient quantity of evidence in the record to persuade a fair-minded, rational person of the truth of the finding. Talk on the record about whether you think the H.E. properly applied Process IV criteria number 2 (consistent with,all applicable provisions of this chapter and all other applicable laws), and whether you think he's right or wrong in finding that the transit center is in compliance with the Federal Way City Code and all other applicable laws. Base your decision upon the evidence in the record; mention specific document titles and exhibit numbers whenever you can. Alleged Error No.9: Appellants allege that hearing examiner's decision is in error (on pages 15-16, paragraph 8{C)) because, "[t]he addition of transit oriented development will create crime and vagrancy which is a significant adverse impact. There was no provision for 'design elements' that would address security. The proposed center will not 'ensure the success ofthe transit center and the economic vitality of the commercial core.'" Findings on each Process IV decision criteria as set forth in Section 22-445 FWCC are hereby made as follows: 8(C) - Criteria three reads: It is consistent with the public health, safety, and welfare. The expansion and improvement of regional transit service from and to the City of Federal Way will further the public health, safety, and welfare. The City has made the transit center an intrical component of its City Center Core. The NEP A EA and FONSI establish the lack of significant, adverse, and environmental impacts. Sound Transit and the City will address public 10 safety concerns throngh the use of a full time security guard, security cameras, stairway and other design elements, and customer emergency stations. Future transit oriented development opportunities on the site will help ensure the success of the transit center and the economic vitality of the commercial core as the comprehensive plan anticipates. Consider the STANDARD OF REVIEW - SUBSTANTIAL EVIDENCE: Substantial evidence exists when there is a sufficient quantity of evidence in the record to persuade a fair-minded, rational person of the truth of the finding. Talk: on the record about whether you think: the H.E. properly applied Process IV criteria . Number 3 (consistent with the public health, safety, and welfare), and whether you think. he's right or wrong in finding3 that the transit center will improve regional transit service and further the public health, safety and welfare. Base your decision upon the evidence in the record; mention specific document titles and exhibit numbers whenever you can. Alleged Error No. 10: Appellants allege that the hearing examiner's decision is in error (on page 16, paragraph 8(0)) because, "[t]he streets are not adequate and the proposed project will limit chances for future growth. There are insufficient traffic mitigation improvements." Findings on each Process IV decision criteria as set forth in Section 22-445 FWCC are hereby made as follows: 8(D) - Criteria four reads: The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal. Residents raised significant concerns regarding traffic gridlock following completion of the transit center, arguing that the park-n-ride will generate substantial traffic based upon the 1,200 parking spaces. However, the Transpo Group, a highly qualified, traffic engineering firm, analyzed 25 intersections in the vicinity of the site plus the transit center's access driveways for both a.m. and p.rn. peak hour movements. The study determined that with implementation of the mitigating measures, the project will cause no significant adverse traffic impacts. Examiner Smith and the Superior Court agreed with the Transpo Group's analysis. Sound Transit 3 The quotation in the alleged error is not in paragraph 8(c) of the Hearing Examiner's decision. 11 will either construct or contribute to significant traffic improvements in the area. The City, the State Department of Transportation, and the Federal Highway Administration all accepted Transpo Group's analysis. Consider the STANDARD OF REVIEW - SUBSTANTIAL EVIDENCE: Substantial evidence exists when there is a sufficient quantity of evidence in the record to persuade a fair-minded, rational person of the truth of the finding. Talk on the record about whether you think the H.E. properly applied Process N criteria number 4 (streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal), and whether you think he's right or wrong in finding4 that Sound Transit has proposed mitigation that will make the streets and utilities in the area adequate to serve anticipated demand. Base your decision upon the evidence in the record; mention specific document titles and exhibit numbers whenever you can. Alleged Error No. 11: Appellants allege that the hearing examiner's decision is in error < on page 17, paragraph 9) because, "[t]he findings regarding Citizens for a Vibrant City Center were not addressed completely, and the hearing examiner cannot simply defer to other bodies to avoid its duty to address the issues raised by this group." 9 - Citizens for a Vibrate City Center presented a well reasoned alternative for separating the park-n-ride from the transit center. Such alternative would continue the transit center at its proposed location, but would restrict its use to those buses bringing people into the downtown area to work, shop, or play. The existing park-n-ride would continue to s~rve as such, and regional commuter express service would be provided thereto from the Twin Lakes park-n-ride and other under utilized lots. Such would redirect regional commuter traffic from the downtown area and provide an attractive transit center amenity for those citizens wishing to use downtown facilities. However, as set for in the NEP A EA, the Project Management Team (PMT) and the Executive Advisory Committee (EAC) of Sound Transit developed a list of alternative sites for the transit center which included the existing Federal Way park-n-ride lot. As set for in the EA: One of the first decisions made by the PMT at the onset of the first screening was to combine, 'or cluster, the elements. The PMT determined that the elements could not be effectively evaluated individually. At the direction of the PMT, the individual elements (transit center, park-n-ride facility, and direct access ramps) were 4 The quotation inJhe alleged error is not in paragraph 8 (0) of the Hearing Examiner's decision. 12 clustered or grouped to facilitate evaluation and to ensure that viable combinations would be evaluated.... As previously found, Sound Transit rejected the park-n-ride lot for the reasons set forth hereinabove. While reasonable minds may differ, both the city and the Sound Transit agreed that park-n-ride and transit facility should be combined and located in the City Center Core. The combined facility satisfies all criteria set forth in the FWCC as found hereinabove. Consider the STANDARD OF REVIEW - SUBSTANTIAL EVIDENCE: Substantial evidence exists when there is a sufficient quantity of evidence in the record to persuade a fair-minded, rational person of the truth of the finding. Talk on the record about whether you think the H.E. properly considered the Citizens for Vibrant City Center alternative, and whether you think he's right or wrong in finding5 that alternative sites within Federal Way were addressed, and that they were addressed duringthe NEP A process. Base your decision upon the evidence in the record;' mention specific document titles and exhibit numbers whenever you can. Alleged Error No. 12: Appellants allege -that the hearing examiner's decision is in error (on page 18-19, paragraphs 8, 9, 10, and 11) because, "[t]he basis for the conclusion is not supported per the previous reasons stated for this appeaL" 8 - As proposed, the project is consistent with all decision criteria applicable to Class I Essential Public Facilities (FWCC Section 22-946[b], "Site Evaluation Criteria"), based on the analyses contained in the applicant's NEP A EA and documented in the applicant's response to the decision criteria, which verifies the need for the facility based on service population, facilities inventory, and demand; demonstrates a relationship of service area to population based on population projections and market studies; identifies minimum site specifications _ bbed on demand and service assessments; specifies the proposed location based on analysis of ten alternative sites; documents a variety of public participation opportunities through the site selection and planning process; and establishes appropriate impact mitigation in the environment review process (EA, FONSI) and in the 2001 Interlocal Agreement. In addition, the city's analysis determined that there is currently no over concentration of essential public facilities in the City. 5 The quotation in the alleged error is not in paragraph 9 of the Hearing Examiner's decision. 13 9.;.... As proposed, the project is consistent with the Process IV decision criteria (FWCC Section 22-44S{c)). It is consistent with a range of goals and policies contained in the 2000 Federal Way Comprehensive Plan (FWCP) which contemplated the transit center at the proposed location, and connecting the City Center to a convenient and efficient, multi-modal regional transportation system that reduces dependency on the single-occupant vehicle and reduces traffic congestion. The project is also consistent with the purpose and intent to the Federal Way City Code (FWCC) although such consistency is not a decision criteria for approval; and is consistent with state, regional, and local transportation plans and policies; and with the public health, safety, and welfare by implementing an integral component of the City's vision for the City Center. The streets and utilities in the area are adequate to serve the anticipated demand for the .proposal and the proposed access to the subject property is at the optimal location and configuration. 10 - The project as proposed embodies quality architectural and site design principles that will ensure compatibility with surrounding areas and reflect public expectations expressed in a community-based design charrette and is consistent with the City's comprehensive plan policies contemplating attractive, quality, urban scale development in the City Center. ., } 11. All appropriate public notices as required for the Process IV application were provided in accordance with the requirements. Consider the STANDARD OF REVIEW - PREPONDERANCE OF THE EVIDENCE After considering all the rdevant evidence in the record, the proposition propounded by the appellant is more probably true than not true. Talk on the record about whether you think the H.E.'s analysis is right or wrong when he concluded that: (1) under paragraph 8 the site evaluation criteria under FWCC 22-946(b) was met; (2) under paragraph 9 the project is consistent with Process N under FWCC 22-445(c); (3) under paragraph 10 the project is compatible with the City's design criteria and comprehensive plan for an urban scale development in the City Center; (4) under paragraph 11 the appropriate notices for Process IV were provided. Base your decision upon the evidence in the record; mention specific document titles and exhibit numbers whenever you can. Alleged Error No. 13: Appellants allege that the hearing examiner's decision is in error because of, "[a]ll matters raised in the attached letter from Dan Casey dated June 29, 2003." Consider the STANDARD OF REVIEW 14 a. SUBSTANTIAL EVIDENCE: (for facts) Substantial evidence exists when there is a sufficient quantity of evidence in the record to persuade a fair-minded, rational person of the truth of the finding. .b. PREPONDERANCE OF THE EVIDENCE (for conclusions) After considering all the relevant evidence in the record, the propositIon propounded by the appellant is more probablvtrue than not true. Talk on the record about whether you think the H.E. properly analyzed the Casey letter, based upon the letter itself and the evidence in the record; mention specific document titles and exhibit numbers whenever you can. Alleged Error No. 14: (Stricken) Additional Arguments: Last Wednesday Appellants argued that finding 7G of the Hearing Examiner's decision was in error. Finding 7G addresses criteria seven - proposed impact mitigation. As I stated in my introductions, this is a closed record appeal. RCW 36.70R020 defines a closed record appeal as an appeal to the local government body (the City Council) following an open record hearing on a project permit application. The appeal is limited to the evidence before the Hearing Examiner and only appeal argument is allowed. Federal Way City Code 22-451(c) limits the scope ofthe appeal to the specific errors raised or factual findings disputed in the letter of appeal. Federal Way City Code 22-447(b) that the letter of appeal must state the alleged errors in the Hearing Examiner's decision, including specific factual findings and conclusions disputed. . Based upon the statute and the Federal Way City Code, I conclude that it'is improper and beyond the scope of this appeal as the parties developed the record for Council to consider whether the Hearing Examiner erred in his finding in 7G. Likewise, Appellants' argument that the Hearing Examiner should have conducted an independent review of the mitigation impacts and not relied upon the SEP A and NEP A determinations are beyond the scope of this appeal because it relates to the finding 7G, and because Appellants' did not argue this point before the Hearing Examiner. My review of the transcript, ordered by Appellants, indicates that Appellants did not challenge the Hearing Examiner's statement that his analysis was to rely on the SEPA . and NEFA determinations. Therefore, under RCW 36.708.020, it is improper for Council to consider it. 15 Do I hear a motion? [Motion Option 1:] I move to affirm the HearingExaminer's approval of Sound Transit's land use application and adopt the Hearing Examiner's findings and conclusions. (Motion Option 2:] I move to affirm the Hearing Examiner's approval of Sound Transit's land use application and adopt the Hearing Examiner's findings and conclusions as modified by council deliberations. [Motion Option 3:] I move to reverse the Hearing Examiner's Decision and deny Sound Transit's land use application. [state reason specific findings] · Having concluded our deliberations, I would ask the City Attorney to prepare written findings of fact and conclusions oflaw for review and adoption at the regular Council meeting November 18,2003, consistent with Council's decision on the record. k:\document\pubhrg\Sound Transit Appeal 16