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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 APPELLANT'S WITNESS AND EXHIBIT LIST - 1 4840-5369-7114v.4 0098779-000002 Davis Wright Tremaine LLP LAW OFFICES 777 108th Avenue NE, Suite 2300 Bellevue, WA 98004-5149 [PHONE REDACTED] main · [PHONE REDACTED] fax BEFORE THE HEARING EXAMINER FOR THE CITY OF REDMOND In the Matter of the Appeal of RTC 74th Street Property LLC Of the November 17, 2017 Approval of BLDG- 2016-09558 related to the Redmond Town Center Apartments project in Redmond, WA No. Redmond Town Center Apartments Impact Fees Appeal APPELLANT’S WITNESS AND EXHIBIT LIST Pursuant to the Hearing Examiner’s December 19, 2017 Order Setting Hearing and Pre- Hearing Document Exchange Schedule, Appellant RTC 74th Street Property LLC submits the following as its list of witnesses and documents: I. WITNESSES 1. Roberta Lewandowski, former Redmond Planning Director, addressing City approval process, including conditions on development approvals. 2. Jeff Haynie, P.E., TENW – Transportation Engineer, addressing transportation impacts and impact fee exemptions/credits. 3. Michael J. Read, P.E., TENW –Transportation Engineer, addressing transportation impacts and impact fee exemptions/credits. 4. Curtis Chin, P.E., TENW – Transportation Engineer, addressing transportation impacts and impact fee exemptions/credits. ---PAGE BREAK--- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 APPELLANT'S WITNESS AND EXHIBIT LIST - 2 4840-5369-7114v.4 0098779-000002 Davis Wright Tremaine LLP LAW OFFICES 777 108th Avenue NE, Suite 2300 Bellevue, WA 98004-5149 [PHONE REDACTED] main · [PHONE REDACTED] fax 5. Suzi Morris, Senior Vice President, Lowe Enterprises Real Estate Group, addressing the RTC Apartments project and approval process. II. DOCUMENTS Appellant designates the following documents to be used at the Hearing: 1. Redmond Town Center FEIS. Excerpts from Final Environmental Impact Statement, dated November 1985. The FEIS evaluates alternatives and the preferred action: development of the 124-acre site as a mixed use commercial center consisting of a regional shopping center, offices, additional retail uses detached from the shopping center, multifamily housing, and public open space. 2. Ordinance 1416 of the City of Redmond, effective May 13, 1988. The ordinance amends the Redmond Municipal Code and Community Development Guide including adopting zoning regulations to become effective upon annexation of the unincorporated portion of Town Center property. 3. RTC Proposed Zoning Master Plan Conditions of Approval, dated April 19, 1988. Identifies conditions of approval for the RTC Master Plan. 4. Ordinance No. 1841 of the City of Redmond, effective July 17, 1995. The ordinance amends the Redmond Municipal Code and Community Development Guide to allow a mixed use complex on RTC property. 5. Ordinance 1551 of the City of Redmond, effective March 31, 1990. The ordinance annexes RTC property, and establishes the zoning classification of the property and makes amendments to the city’s zoning map. 6. Letter to Randy Kyte from the City of Redmond, dated July 18, 1995. The letter is the City’s approval of the Site Plan Review application and revised Master Plan. 7. RTC Master Plan and Design Guidelines, dated July 18, 1995. This is the revised Master Plan for development of RTC. 8. RTC – Color Photos, dated June 28, 1995. Photos show the RTC area during construction. 9. Memorandum to City of Redmond Planning Commission from Gary Lee, dated September 5, 2001. The memorandum includes a history of RTC approvals and analysis of potential for residential development. 10. Memorandum from Rosemarie Ives, Mayor to City Council, dated June 6, 1995. The memorandum is regarding issues for council discussion. ---PAGE BREAK--- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 APPELLANT'S WITNESS AND EXHIBIT LIST - 3 4840-5369-7114v.4 0098779-000002 Davis Wright Tremaine LLP LAW OFFICES 777 108th Avenue NE, Suite 2300 Bellevue, WA 98004-5149 [PHONE REDACTED] main · [PHONE REDACTED] fax 11. Memorandum from Technical Committee to Planning Commission, dated April 10, 1995. The memorandum is the Technical Committee’s recommendation to the Planning Commission regarding the RTC Development Guide Amendments. 12. RTC - EIS Addendum Appendix C Traffic Analysis Report, dated April 10, 1995. The addendum includes a history of environmental review and comparison of traffic impacts of revised master plan development to previously approved master plan. 13. Excerpts from Draft EIS Addendum dated August 18, 1997. This exhibit evaluates proposed changes to the 1995 Adopted Mater Plan, including transportation impacts. 14. Determination of Nonsignificance and Adoption of Existing Environmental Document City, dated August 28, 2001. The Determination contains a memorandum from Transportation Engineering Northwest (“TENW”) to the City of Redmond regarding Trip Generation Analysis, dated July 25, 2001. 15. Applicant’s Response, dated January 10, 1995. The exhibit is the RTC Applicant’s Response to Review Comments on 9/7/94 Draft Application. 16. Redmond Downtown Park Vicinity Map. Shows park and open space lands serving the Downtown, including Town Center Open Space. 17. Resolution No. 1095, dated June 15, 1999. The resolution forwards a recommendation to the Metropolitan King County Council to partially approve public benefit rating system application for current use taxation for RTC Public Open Space land. Includes valuation of land. 18. Ordinance No. 1800 of the City of Redmond, effective September 5, 1994. The ordinance adopts the Pro (Parks, Recreation and Open Space) Plan 2000 to update the city parks, recreation and open space plan, including the Capital Facilities Plan. 19. Ordinance No. 1847 of the City of Redmond, effective July 31, 1995. The ordinance adopts a comprehensive plan meeting the requirements of the Growth Management Act. 20. Table and diagrams of Open Space plans. The exhibit contains a table comparing the amount of space in different categories included in the previously approved RTC Master Plan and the proposal to revise the Master Plan. 21. Public Access Open Space Agreement, dated September 17, 1996. The agreement is between Town Center Associates and the City of Redmond regarding a part of the RTC site. 22. Public Access Open Space Agreement, dated September 24, 1996. The agreement is between Walls, Butler, Madden & Teel, L.P. and the City of Redmond regarding a part of the RTC site. ---PAGE BREAK--- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 APPELLANT'S WITNESS AND EXHIBIT LIST - 4 4840-5369-7114v.4 0098779-000002 Davis Wright Tremaine LLP LAW OFFICES 777 108th Avenue NE, Suite 2300 Bellevue, WA 98004-5149 [PHONE REDACTED] main · [PHONE REDACTED] fax 23. Open Space Taxation Agreement Taxation, dated August 19, 1999. The agreement is between PPR Redmond Retail, LLC and Walls, Butler, Madden & Teel, L.P. 24. Public Access Open Space Agreement, dated September 17, 1996. The agreement is between Town Center Associates and the City of Redmond regarding a part of the RTC site. 25. Memorandum from City Council to Planning Commission, dated June 15, 1995. The memorandum is the Planning Commission’s recommendation to the City Council for approval of the 1995 Master Plan 26. Minutes of Special Meeting of Redmond City Council, dated June 27, 1995. The minutes document a portion of the City Council discussion leading to approval of the 1995 Master Plan. 27. RTC EIS Addendum Appendix A, dated 1995. The appendix identifies Master Plan & Development Guide Amendments that were proposed to facilitate development of RTC per the 1995 Master Plan. 28. RTC Traffic Mitigation Agreement, dated March 8, 1996. The agreement is between the City of Redmond and Town Center Associates regarding mitigating transportation impacts of construction of mixed use development at RTC. 29. Appendix C Pro Rata Mitigation from RTC TIA, dated April 1995. The appendix includes tables detailing Pro-Rata Transportation Mitigation Fees required for development per the 1995 Master Plan. 30. Resolution No. 1023, dated June 18, 1996. The resolution adopts a six- year transportation improvement program. 31. Facsimile from Don Caims (City of Redmond) to Jim Haney (Ogden, Murphy, Wallace), dated October 26, 1995. The document includes letters regarding clarifications concerning the Transportation Mitigation Agreement. 32. Letter from Don Caims to Donald Marcy (Cairncross and Hempelmann), dated September 5, 1995. The letter is regarding comments on the Transportation Mitigation Agreement. 33. RTC Transportation Mitigation, undated. The document contains comments on Traffic Mitigation including requirements for improvements, and alternatives. 34. City of Redmond Building Permit, dated February 1, 1996. The permit authorizes RTC Phase I construction. 35. Ordinance No. 1907 of the City of Redmond, effective October 10, 1996. The Ordinance adopts GMA transportation impact fees. 36. Ordinance No. 1908 of the City of Redmond, effective October 10, 1996. The ordinance establishes a new community development guide section dealing with administration of transportation impact fees. ---PAGE BREAK--- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 APPELLANT'S WITNESS AND EXHIBIT LIST - 5 4840-5369-7114v.4 0098779-000002 Davis Wright Tremaine LLP LAW OFFICES 777 108th Avenue NE, Suite 2300 Bellevue, WA 98004-5149 [PHONE REDACTED] main · [PHONE REDACTED] fax 37. Ordinance No. 1913 of the City of Redmond, effective November 14, 1996. The ordinance amends a chapter of the Redmond Municipal Code and the Redmond Community Development Guide to set an impact fee for park, recreation, open space or trail facilities. 38. Ordinance No. 2072 of the City of Redmond, effective March 30, 2000. The ordinance amends the impact fee exemptions sections of the Redmond Municipal Code and the Redmond Community Development Guide. 39. Memorandum to Planning Commission from Technical Committee, dated September 12, 2001. The memorandum recommends approval of revisions to the Comprehensive Plan policies and regulations of the Mixed Use/Shopping Center sub-district within the City Center Neighborhood relating to the limit on GLA of commercial space in RTC and designating RTC as a receiving area for Transfer of Development Rights. 40. Determination of Nonsignificance and Adoption of Existing Environmental Document. This SEPA document was issued in connection with the proposal to construct a two-story Bon Marche department store in RTC. 41. Memorandum from Jeff Haynie (TENW) to Don Cairns, dated July 25, 2001. The memorandum documents a comparison of the p.m. peak hour trip generation for the approved RTC development and the actual trip generation through the most recent phase of development. 42. Ordinance No. 1992, effective July 30, 1998. The ordinance adopts the comprehensive plan amendments for Town Center, DGA 97-002, to allow an increase in gross leasable commercial development in RTC and increase the height limit for mixed retail/Residential uses in RTC. 43. Memorandum from Jeff Haynie to Rob Crittenden, dated May 20, 2016. The memorandum is a summary of TENW’s understanding of the status of the entitled trips on the RTC site. 44. Memorandum from Curtis Chin (TENW) to Larry Martin RTC, dated October 20, 2017. The memorandum is regarding 2017 Updated RTC Traffic Counts. 45. Memorandum from Michael Read (“TENW”) to Min Luo (City of Redmond), dated July 11, 2016. The memorandum is the Phase II Traffic Impact Analysis for the proposed RTC Apartments. 46. Aerial of Project Site Vicinity from Phase II Traffic Impact Analysis, dated July 11, 2016. This was prepared by TENW. 47. RTC Apartments Vicinity Map, dated 2017. The map shows the location of RTC Apartments at 7405-168th Ave NE, parcel number: [PHONE REDACTED]. 48. Letter from Macerich Company to Roberta Lewandowski (“City of Redmond”), dated July, 24, 2001. The letter requests consideration of Comprehensive Plan and Development Guide Amendments. ---PAGE BREAK--- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 APPELLANT'S WITNESS AND EXHIBIT LIST - 6 4840-5369-7114v.4 0098779-000002 Davis Wright Tremaine LLP LAW OFFICES 777 108th Avenue NE, Suite 2300 Bellevue, WA 98004-5149 [PHONE REDACTED] main · [PHONE REDACTED] fax 49. Agreement Regarding Allocation of Rights to Exemption From and/or Credit Against Impact Fees, dated April 5, 2017. The document is entered by G&I VII Redmond Development LLC, et al. and RTC 74th Street Property, LLC regarding in the Redmond Apartment Project in RTC. 50. Email from Sarah Vanags (Pyle) to Larry Martin, dated November 2, 2016. The email states reasons why impact fee credits do not apply for the open space provided by RTC. 51. Email from Jeff Haynie to Larry Martin, dated November 9, 2016. The email exchange is regarding transportation credits. 52. City of Redmond Receipt, dated November 17, 2017. The receipt covers impact fees paid for the Redmond Apartments Project Phase II building permit. 53. Email from Larry Martin to Jim Haney, dated June 14, 2016. The email is to confirm the appeal runs from issuance of the building permit. 54. House Bill Report – ESHB 2842, dated December 18, 1992. The bill amends both SEPA and RCW 82.02. 55. Note, dated August 23, 2002. This note was provided by the City of Redmond public records clerk. It is regarding impact fees for the Bon Marche building permit. 56. City of Redmond Impact Fee Calculation form, undated. The form details the calculation of impact fees for the Bon Marche development project. 57. City of Redmond Building Permit, issued April 3, 1998. The permit authorizes construction of the “REI Building”, a two story retail building with on-site surface parking. 58. Ordinance No. 1914 of the City of Redmond, effective November 14, 1996. The Ordinance adds a section to the Redmond Community Development Guide to provide for reimbursements for dedications of park, recreation, open space or trail facilities which exceed the need created by the development. 59. Final Bill Report ESHB 2842. The report is the Legislative Report on RCW 82.02.100. 60. Final Park Impact Fee Worksheet, generated December 21, 2016. The exhibit includes tables detailing components of the 2006 park impact fees. 61. Park Impact Fees Update 2017. The exhibit contains slides regarding updating the City of Redmond Park Impact Fees. Appellant reserves the right to disclose and/or introduce any exhibits in rebuttal. ---PAGE BREAK--- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 APPELLANT'S WITNESS AND EXHIBIT LIST - 7 4840-5369-7114v.4 0098779-000002 Davis Wright Tremaine LLP LAW OFFICES 777 108th Avenue NE, Suite 2300 Bellevue, WA 98004-5149 [PHONE REDACTED] main · [PHONE REDACTED] fax DATED this 17th day of January, 2018. Davis Wright Tremaine LLP Attorneys for Appellant By Larry C. Martin, WSBA #8499 Charles E. Maduell, WSBA #15491 ---PAGE BREAK--- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 APPELLANT'S WITNESS AND EXHIBIT LIST - 8 4840-5369-7114v.4 0098779-000002 Davis Wright Tremaine LLP LAW OFFICES 777 108th Avenue NE, Suite 2300 Bellevue, WA 98004-5149 [PHONE REDACTED] main · [PHONE REDACTED] fax CERTIFICATE OF SERVICE I hereby certify that I caused the document to which this certificate is attached to be delivered to the following as indicated: Daniel Kenny Ogden Murphy Wallace P.L.L.C. 901 Fifth Avenue, Suite 3500 Seattle, WA 98164 Messenger Via Electronic Filing Federal Express Facsimile Email DATED and signed this 17th day of January, 2018 at Bellevue, Washington.