Tag Archives: legal stuff

Urban Planning

North Beacon Hill DNS appeal resolved

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On May 3, the Seattle Hearing Examiner decided in favor of the Department of Planning and Development (DPD) and El Centro de La Raza when reviewing the appeal filed in late January by Frederica Merrell against the DPD regarding the Determination of Nonsignificance (DNS) of the North Beacon Hill neighborhood plan update process. (Previous coverage and discussion of the appeal can be found here.)

The full text of the decision is here. The decision is based on findings that DPD environmental reviews were adequate in regards to the proposed update to the North Beacon Hill Neighborhood Plan. It also states that the proposed updates do not significantly change growth targets or other aspects of the City of Seattle Comprehensive Plan with regards to Beacon Hill:

“There is no evidence in the record that the Plan Update would result in increased density within the North Beacon Hill Residential Urban Village beyond that anticipated in the Comprehensive Plan. The proposed goals and policies in the Plan Update and those in the existing Neighborhood Plan both anticipate greater density in the town center area and near the light rail station. The Plan Update is a document that begins the process of determining how the growth that is already anticipated by the Comprehensive Plan’s existing growth targets for the Residential Urban Village will be accommodated and shaped.”

To learn more and to become involved in planning the future of North Beacon Hill and the Neighborhood Plan Update, attend the Neighborhood Plan Update Action Team Kick-Off meeting next Friday, May 14 at Asa Mercer Middle School, 1600 South Columbian Way.

Urban Planning

11 of 13 issues dismissed from North Beacon Hill DNS appeal

The Hearing Examiner has dismissed all but two issues from the North Beacon Hill DNS appeal filed on January 29 by Frederica Merrell, stating that the dismissed issues are “broad, conclusory allegations unsupported by any stated facts,” and that they do not meet municipal code and Hearing Examiner requirements that issues raised in an appeal be clear, concise, and specific. Additionally, the ruling states that the issues “fail to give the Department and Intervenor fair notice of the claims being asserted.” Two of the issues were dismissed outright earlier this month, and nine more in a decision given on Monday.  The hearing will now address the two issues that remain.

The two remaining issues are:

#6: “The DPD failed to meaningfully consider the probable impacts of the future development that would be allowed by the proposed changes to the Comprehensive Plan and zoning.” The ruling states, “Although the appeal failed to specify the probable impacts being referred to, the Appellant stated in her response to the motions to dismiss that this issue is addressed to the impacts of additional density on public services.” With that clarification, the issue was deemed sufficiently specific to be considered.

#8: “The DPD did not use notice procedures that were reasonably calculated to provide notice to property owners and other affected and interested individuals, tribes, government agencies, businesses, school districts, and organizations of the proposed amendments to comprehensive plans.” This issue was also clarified by Merrell; the March 11 ruling states that “the Appellant clarifies that the notice issue concerns the changes, alleged to be substantive, that the Department made while consolidating goals and policies after public notice of the DNS.”

For a full explanation of the decision, read the Examiner’s ruling here.  The appeal is still scheduled to be heard on Monday, April 26, 9:00 am at the Seattle Municipal Tower, 700 5th Avenue.  The Othello appeal hearing has been rescheduled to May 24, and the North Rainier appeal was dismissed earlier this month.

See also Cienna Madrid’s recent post about this in the Slog.

(Editor’s note: Issues #6 and #8 appear to be the same as issues #4 and #6 in the original January 29 version of the appeal.)

Urban Planning

Neighbor files petition against Neighborhood Plan update process

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Community comments posted at the Neighborhood Plan Update open house in September 2009. Photo by Wendi
North Beacon Hill resident Frederica Merrell has filed an appeal with the City of Seattle Hearing Examiner, regarding the Determination of Nonsignificance (DNS) of the North Beacon Hill neighborhood plan update process.

In the appeal (read it in full here), Merrell states that North Beacon Hill residents and visitors will be “directly and significantly impacted” by the changes, including changes to zoning, density, protected views, pedestrian/bike/auto access, and more. She states that, among other problems, the Department of Planning and Development (DPD) erred in making a determination of non-significance, failed to take necessary steps to assess the impact of the plan changes, and also failed to give proper notice to the community.

The appeal requests that DPD’s DNS for the North Beacon Hill plan update be vacated, and DPD be required to take other actions including additional community notification and environmental impact analyses.

The Neighborhood Plan update process began in Fall 2008 and continued through 2009 with community meetings and open houses in March, May, and September, resulting in the recently published update.

(ed. note—Frederica has occasionally contributed opinion articles to the Beacon Hill Blog.)