Please see "Other Land Use Actions" for notice of Design Review Early Design Guidance Applications. Seattle's Department of Planning & Development is currently reviewing the Master Use Permit applications described below. Your written comments are encouraged and may be submitted to:

Department of Planning and Development
ATTN: Public Resource Center or Assigned Planner
700 5^th Av Ste 2000
PO Box 34019
Seattle, Washington 98124-4019
FAX (206) 233-7901

Applications requiring shoreline approvals are subject to an initial 30-day comment period. All other land use approvals listed below are subject to an initial 14-day comment period. The comment period may be extended an additional 14-days. A written request to extend the comment period must be received by this Department within the initial 14-day comment period as published in this bulletin. Any comments filed after the end of the official comment period may be considered if pertinent to review yet to be conducted. The project file, environmental documentation and other additional information related to the project can be found at the DPD Public Resource Center, 700 Fifth Avenue, Suite 2000 (206) 684-8467. The Public Resource Center is open 7:30 a.m. to 5:30 p.m. on Monday, Wednesday, Friday and 10:30 a.m. to 5:30 p.m. on Tuesday and Thursday. Questions about the projects listed in this bulletin can also be directed to the Public Resource Center via e-mail. The e-mail address is PRC@seattle.gov. For future updates include your US postal address.

To the extent known by the Department, in addition to the project permits included in each of the land use applications described below, other government approvals or permits that may be necessary, that are not included in the applications, will also be listed. When a building permit is listed as being necessary, this may include associated electrical, plumbing, mechanical, elevator, and other similar permits.

The City Council amended the City's SEPA (State Environmental Policy Act) Ordinance effective on November 1, 1998. The amendments included the Early Review Determination of Nonsignificance (DNS) Process, which DPD is now using for all applications for projects requiring a threshold determination when DPD has reasonable basis to believe that significant adverse impacts are not likely, and the Director expects to issue a DNS for the proposal. The DNS is not final until it is published following consideration of all comments received during the comment period.

The comment period for a project subject to an Early Review DNS may be the only opportunity to submit comment on the environmental impacts of the proposal. Projects subject to the Early Review DNS process may include mitigation measures under applicable codes and ordinances, and after comment and review occurs they may incorporate or require additional mitigation measures regardless of whether or not an Environment Impact Statement is required.

A copy of the application and the environmental checklist prepared by the applicant will be sent to agencies with jurisdiction, the Department of Ecology, affected tribes and local agencies whose public services would be changed as a result of the proposal. After the close of the comment period, DPD will review any comments and will either issue a DNS followed by an opportunity to appeal, or, if significant environmental impacts are identified, a DS/Scoping notice. Copies of the subsequent threshold determination for the proposal may be obtained upon request.

Numbers used in project descriptions are approximations. The final approved plans will control.

Interpretations

A formal decision as to the meaning, application or intent of any development regulation in Title 23 (Land Use Code) or Chapter 25.09 (Regulations for Environmentally Critical Areas) is known as an "interpretation". Examples include questions of how structure height or setback is properly measured, or how a proposed use should be categorized. An interpretation may be requested by any party during the comment period as determined above. The request must be in writing, and accompanied by a $1,500.00 fee payable to the City of Seattle. (This fee covers the first six hours of review. Additional hours will be billed at $250.00.) Interpretations on some issues may also be requested later, during the appeal period, if the project decision is appealed. Failure to request an interpretation can preclude raising the issue on appeal. Questions regarding the interpretation process may be asked by phone by calling (206) 684-8467. Requests for interpretation may be submitted to the Department of Planning and Development, Code Interpretation and Implementation Group, 700 5^th Av Ste 2000, PO Box 34019, Seattle, WA 98124-4019.

Note: The vicinity map feature added to the public notice of application is provided as an illustrative reference. It is not intended to replace the legal description and site plan included in the project file. In the event of omissions, errors or differences, the documents in DPD's files will control.

(Top of image is north.)
Map is for illustrative purposes only.  In the event of omissions, errors or differences, the documents in DPD's files will control.

The following approvals are required:

SEPA Environmental Determination (This project is subject to the Optional DNS Process (WAC 197-11-355) and Early DNS Process (SMC 25.05.355). This comment period may be the only opportunity to comment on the environmental impacts of this proposal.)

(Top of image is north.)
Map is for illustrative purposes only.  In the event of omissions, errors or differences, the documents in DPD's files will control.

The following approvals are required:

Short Subdivision to create two unit lots.

ECA Conditional Use to allow clustered housing to recover development credit in an Environmentally Critical Area.

SEPA Environmental Determination (This project is subject to the Optional DNS Process (WAC 197-11-355) and Early DNS Process (SMC 25.05.355). This comment period may be the only opportunity to comment on the environmental impacts of this proposal.)

Other permits that may be needed which are not included in this application:

Water Availability Certificate
Building Permit

(Top of image is north.)
Map is for illustrative purposes only.  In the event of omissions, errors or differences, the documents in DPD's files will control.

The following approvals are required:

Short Subdivision  to create three unit lots.

Other permits that may be needed which are not included in this application:

Water Availability Certificate

(Top of image is north.)
Map is for illustrative purposes only.  In the event of omissions, errors or differences, the documents in DPD's files will control.

The following approvals are required:

Short Subdivision to create three unit lots.

Other permits that may be needed which are not included in this application:

Water Availability Certificate

Project(s) and/or notices under this heading have been revised from that previously published in this bulletin. For clarification, the revised element is underlined in the description below. Seattle's Department of Planning and Development is currently reviewing these applications. Your written comments are encouraged and may be submitted to:

Department of Planning and Development
700 5^th Av Ste 2000
PO Box 34019
Seattle, Washington98124-4019

For projects other than those requiring shoreline approvals, the comment period may be extended an additional fourteen (14) days. A written request to extend the comment period must by received by this Department within the initial 14-day comment period as published in this bulletin. For additional information, contact the Public Resource Center, Seattle Municipal Tower, 700 Fifth Avenue, Suite 2000, (206) 684-8467.The Public Resource Center is open 7:30 a.m. to 5:30 p.m. on Monday, Wednesday, Friday and 10:30 a.m. to 5:30 p.m. on Tuesday and Thursday. Printed material in enlarged print is available upon request. A copy fee will be charged.

Please note that "SEPA" refers to the State Environmental Policy Act. Numbers used in project descriptions are approximations. The final approved plans will control.

Note: The vicinity map feature added to the public notice of application is provided as an illustrative reference. It is not intended to replace the legal description and site plan included in the project file. In the event of omissions, errors or differences, the documents in DPD's files will control.

(Top of image is north.)
Map is for illustrative purposes only.  In the event of omissions, errors or differences, the documents in DPD's files will control.

The Director of the Department of Planning and Development has reviewed the Master Use Permit application(s) below and issued the following decisions. Interested parties may appeal these decisions.

Hearing Examiner Appeals

To appeal to the City's Hearing Examiner, the appeal MUST be in writing and delivered either in person to the Hearing Examiner's office on the 40th floor of Seattle Municipal Tower at 700 Fifth Ave. or by mail to the City of Seattle Hearing Examiner, P.O. Box 94729, Seattle, WA 98124-4729. Appeals must be received prior to 5:00 P.M. of the appeal deadline indicated below and be accompanied by a $50.00 filing fee in a check payable to the City of Seattle. (The Hearing Examiner may waive the appeal fee if payment would cause financial hardship). The appeal must identify all the specific Master Use Permit component(s) being appealed, specify exceptions or objections to the decision, and the relief sought. Appeals to the Hearing Examiner must conform in content and form to the Hearing Examiner's rules governing appeals. (The Hearing Examiner's Office has a form that can be used for land use appeals). A copy of the Hearing Examiner Rules is available for $1.75 from DPD. The Hearing Examiner's Office also provides a "Citizen Guide to the Office of the Hearing Examiner". To be assured of a right to have your views heard, you must be party to an appeal. Do not assume that you will have an opportunity to be heard if someone else has filed an appeal from the decision. For information regarding appeals, visit the Hearing Examiner's website at www.seattle.gov/examiner or call them at (206) 684-0521.

Interpretations

Issues concerning the proper application of any development regulation in the Land Use and Zoning Code (Title 23) or regulations for Environmentally Critical Areas (Chapter 25.09) cannot be raised as part of this appeal. These issues can be considered in an interpretation, which may be appealed to the Hearing Examiner. Interpretations may be requested by any interested person. Requests for interpretations must be filed in writing prior to 5:00 P.M. on the appeal deadline indicated below and be accompanied by a $2,000.00 fee payable to the City of Seattle. (This fee covers the first eight hours of review. Additional hours will be billed at $250.00.) Requests must be submitted to the Department of Planning and Development, Code Interpretation and Implementation Section, 700 5^th Av Ste 2000, PO Box 34019, Seattle WA 98124-4019. Questions regarding how to apply for a formal interpretation may be asked by phone by calling (206) 684-8467.

Shoreline Decisions

An appeal from a shoreline decision is made to the State Shorelines Hearing Board. It is NOT made to the City Hearing Examiner. The appeal must be in writing and filed within 21 days of the date the DPD decision is received by the State Department of Ecology (DOE). The DPD decision will be sent to DOE by the close of business on the Friday of this week. If the Shoreline decision involves a shoreline variance or shoreline conditional use, the appeal must be filed within 21 days after DOE has made their decision. The information necessary for DOE to make their decision will be sent to them by the close of business on the Friday of this week. The beginning of the appeal period may also be provided to you by calling (206) 684-8467. The minimum requirements for the content of a shoreline appeal and all the parties who must be served within the appeal period cannot be summarized here but written instructions are available at the Department of Planning and Development (Client Assistance Memo 232), 700 5^th Av Ste 2000, PO Box 34019, Seattle, WA 98124-4019, (206) 684-8467 or contact the Shorelines Hearing Board at (360) 459-6327. Failure to properly file an appeal within the required time period will result in dismissal of the appeal. In cases where a shoreline and environmental decision are the only components, the appeal for both shall be filed with the State Shorelines Hearing Board. When a decision has been made on a shoreline application with environmental review and other appealable land use components, the appeal of the environmental review must be filed with both the State Shorelines Hearing Board and the City of Seattle Hearing Examiner.

Comments

When specified below written comments will be accepted. Comments should be addressed to: Department of Planning and Development, 700 5^th Av Ste 2000, PO Box 34019, Seattle, WA 98124-4019.

Information

For additional information, to obtain a copy of the decision or to learn if a decision has been appealed, contact the DPD Public Resource Center, Seattle Municipal Tower, 700 Fifth Avenue, Suite 2000 20^th Floor, (206) 684-8467. A copy fee will be charged. (The Public Resource Center is open 7:30 a.m. to 5:30 p.m. on Monday, Wednesday, Friday and 10:30 a.m. to 5:30 p.m. on Tuesday and Thursday.)

Determination of Non-Significance with conditions (no environmental impact statement required). Environmental review completed and project conditioned as applicable. This DNS is issued using the optional DNS process in WAC 197.11.355 and SMC 25.05.355. The comment period was originally published on February 5, 2009 and there is no further comment period on this DNS.
Conditions: Conditions have been placed on this project. You may view the decision through our web-based Land Use Information Bulletin, or contact either the assigned planner whose name and phone number appears above, or contact the Public Resource Center (206-684-8467, prc@seattle.gov ).

Appeals of this decision must be received by the Hearing Examiner no later than 11/19/2009.

Determination of Non-Significance (no environmental impact statement required). Environmental review completed and no conditions imposed. This DNS is issued using the optional DNS process in WAC 197.11.355 and SMC 25.05.355. The comment period was originally published on September 17, 2009 and there is no further comment period on this DNS.

Appeals of this decision must be received by the Hearing Examiner no later than 11/19/2009.

This decision is appealable to the Washington State Shoreline Hearings Board until at least 11/26/2009.

The Department of Planning and Development (DPD) is proposing to amend the Land Use Code (Title 23) to create a Living Building Pilot Program to assist projects in attempting to meet the requirements of the Living Building Challenge. The Living Building Challenge is a green building rating system created by the International Living Building Institute to recognize buildings meeting the highest level of sustainability. The Living Building Challenge requires buildings to meet a series of prerequisites relating to site, energy, materials, water, indoor quality, and beauty and inspiration. The Pilot Program would accept up to 12 projects over a 3-year period. All projects accepted into the program would undergo full design review through the existing design review process pursuant to Chapter 23.41. The scope and criteria for design review departures would be modified to allow, to the extent that Code departures may be necessary, the Board to recommend an expanded range of departures from Code requirements including: limited departures from permitted accessory uses, height, and floor area ratio (FAR). In recommending departures, the board must find that the project meets design guidelines and the goals of the Living Building Challenge.

ENVIRONMENTAL DETERMINATION

DPD has determined that the amendments described above will not have a significant adverse environmental impact, and has issued a Determination of Non-Significance (no Environmental Impact Statement required).

HOW TO COMMENT

This DNS is issued under WAC 197-11-340(2); DPD will not act on this proposal until the end of the comment period. Comments must be submitted by 5:00 p.m. November 19, 2009. Comments should be sent via email to brennon.staley@seattle.gov, or by mail to:

Brennon Staley, Urban Planner
Department of Planning and Development
P.O. Box 34019
Seattle, WA 98124-4019

HOW TO APPEAL

Appeals of the decision to issue a Determination of Non-Significance (DNS) must be submitted to the Office of the Hearing Examiner by 5:00 p.m. November 30, 2009. Appeals should be addressed to the Hearing Examiner and must be accompanied by a $50.00 filing fee in a check payable to the City of Seattle. The appeal must be sent to:

City of Seattle
Hearing Examiner
PO Box 94729
Seattle WA 98124-4729

INFORMATION AVAILABLE

Copies of the DNS and the proposal may be obtained at the DPD Public Resource Center, 700 5th Avenue, Suite 2000 in the Seattle Municipal Tower and on DPD’s website at www.seattle.gov/dpd. The Public Resource Center is open 7:30 a.m. to 5:30 p.m. on Monday, Wednesday, and Friday, and 10:30 a.m. to 5:30 p.m. on Tuesday and Thursday. Questions regarding the proposal may be directed to Brennon Staley at (206) 684-4625 or via email at brennon.staley@seattle.gov.

This is to provide notice of the petition (contained in Clerk File 310009) by the Seattle Department of Parks and Recreation to vacate (to acquire the public right-of-way for private purposes) a portion of Terry Avenue North, north of Valley Street and a portion of Westlake Avenue North, north of Valley Street in the South Lake Union neighborhood. The proposed vacation supports the development of Phase II of the Lake Union Park project.

Legal Description:

Terry Avenue North from the northerly margin of Valley Street, between Lake Union Shore Lands Block 74 and Lake Union Shore Lands Block 75, extending north to the southerly boundary of the Lake Union State Inner Harbor Line; and

A portion of the eastern edge of Westlake Avenue North, approximately 30 feet in width, from the north margin of Valley Street extending northerly to the northern boundary of Lot 4 in Block 83, Lake Union Shore Lands.

OR in the alternative, to vacate any portion of the above-described property.

The petition will be considered by the Transportation Committee of the Seattle City Council in the Council Chambers, Second Floor, City Hall, 600 Fourth Avenue (main entrance at 601 Fifth Avenue) on

Tuesday, December 1st, 2009 at 9:30 a.m.

At this meeting, more detailed information about the vacation and the proposed redevelopment will be presented. The attached map indicating the street or alley described in the petition has been posted on the site of the proposed vacation.

HOW TO COMMENT:

Public Testimony: The Transportation Committee will take public testimony at the Public Hearing.

Letters: Letters concerning this petition should be addressed to Seattle City Councilmember Jan Drago, Legislative Department, 600 4th Avenue Floor 2, PO Box 34025, Seattle, Washington 98124-4025.

Email: Contact Committee Chair Jan Drago’s Office at jan.drago@seattle.gov

Questions: For further information, contact Beverly Barnett, Seattle Department of Transportation, 700 Fifth Avenue, Suite 3900, PO Box 34996, Seattle, Washington 98124-4996, 206 684-7564 or beverly.barnett@seattle.gov. Please cc Beverly on comment letters and emails.

Public Participation Program and Frequently Asked Questions

What is the City’s Comprehensive Plan?

Comprehensive plans express a community’s values, priorities and aspirations. They provide a 20-to-50-year vision and roadmap for a city’s future. Seattle’s Comprehensive Plan expresses Seattle’s framework values and specific goals and policies for the environment, land use, transportation, housing, capital facilities, utilities, and other important elements for future planning.

What is this document?

This document provides the general schedule for citizens to understand and participate in the Comp Plan Update. The intent of this document is to provide broad and effective notice of the public participation program related to the Comp Plan Update.

Why is the City updating the Comprehensive Plan now?

Washington State cities, including Seattle, are required by State law to update their

Comprehensive Plans every seven years.

What is the schedule for the update?

The Seattle City Council is legally required to adopt an updated Comprehensive Plan by

December 2011. There will be periodic public meetings before that date. The Council will also hold at least one formal public hearing before voting.

What will change because of the Comprehensive Plan update?

The State has released new population forecasts which Seattle and other cities need to

incorporate into their Comprehensive Plans as growth targets. Seattle’s Fire, Police,

Utilities and Facilities departments will update their forecasts for new buildings and

facilities. Predicted upgrades for libraries and parks will also be updated.

The Plan includes elements such as Transportation, Housing, Economic

Development, Land Use and others. City departments will review and update the

language that applies to their work as needed.

What is the public’s role?

We are asking you to participate in the public meetings that the City will convene and to contribute to the update over the next couple of years. At the November 17 2009 meeting, we want to hear your thoughts about what should be included in the update and how the City should address the topics the Plan addresses.

How can the public participate?

You will be able to follow the update in multiple formats, including through the City’s

blog, Facebook page and DPD’s website:

www.seattle.gov/dpd/planning/compplan

How can I get more information?

Sign up to be notified on the DPD web page or contact Tom Hauger (206 684 8380) or Kristian Kofoed (206 233 7191) at the Department of Planning & Development.

PUBLIC NOTICE:

The Directors of the Department of Planning and Development and Seattle Public Utilities propose to adopt the following joint DPD/SPU Directors’ Rules, under the authority of Sections 3.06.040, 3.32.020, and 23.88.010 of the Seattle Municipal Code:

The four proposed DPD/SPU Directors’ Rules are intended to interpret and clarify provisions from the updated Stormwater Code, which the Mayor signed into law on September 30. Approved code changes are located in Council Bills 116614, 116615, and 116616, and may be reviewed at http://clerk.ci.seattle.wa.us/~public/CBOR1.htm.

Adoption of this legislation was a requirement of the City’s National Pollutant Discharge Elimination System Municipal Stormwater Permit, and will help protect the city and its environment from injury and damage from pollution, erosion, flooding, landslides and other adverse impacts of urban stormwater runoff. The Department of Ecology has reviewed the adopted legislation and proposed Rules, and determined that they meet the requirements of the City’s NPDES Municipal Stormwater Permit. Key provisions include:

    · Revisions to minimum stormwater and grading requirements to increase protection of local water bodies;

    · Incorporation of new requirements for using green stormwater infrastructure; and

    · Modifications to enforcement regulations to better match penalties to violations.

Copies of the draft Rules may be obtained at the Department of Planning and Development Public Resource Center, 2000 Seattle Municipal Tower, 700 Fifth Avenue, or downloaded at www.cityofseattle.net/dpd/Planning/Stormwater_Grading_and_Drainage_Code_Revisions

ADDITIONAL INFORMATION:

Contact Miles Mayhew
206-684-4656
miles.mayhew@seattle.gov

HOW TO COMMENT:

Written comments on the proposed adoption may be submitted through November 19, 2009 to:

Director
Department of Planning and Development
700 5th Avenue, Suite 2000
P.O. Box 34019
Seattle, Washington 98124-4019

Project Description:

Land Use Application to allow one residential building (668 units) distributed among three towers (10, 20 and 25-stories) with ground level retail (21,784 sq. ft.) and 399 above grade parking stalls and one 20-story 424,061 sq. ft. office building with ground level retail (11,762 sq. ft.) and 502 (491 stalls are replacement parking for Qwest Field) above grade parking stalls. Project includes 25,000 cu. yds. of grading. Project includes an Addendum to the EIS prepared by City of Seattle (Livable South Downtown Planning Study - May 2008).

Pursuant to SMC 25.05.360, the Director of the Department of Planning and Development (DPD) has determined that the referenced proposal is likely to have probable significant adverse environmental impacts under the State Environmental Policy Act (SEPA) on the earth, environmental health and noise, energy, land use, historic resources, cultural resources, aesthetics, light glare and shadows, transportation and construction elements of the environment. DPD has identified and adopts the City of Seattle’s Final Environmental Impact Statement dated May, 2008 prepared for and in conjunction with amendments to the Land Use Code, Seattle Municipal Code section 23.49, concerning Livable South Downtown. DPD has determined that the proposal impacts for this current Master Use Permit have been adequately analyzed in the referenced FEIS. The adequacy of the FEIS was appealed in 2005; the Seattle Hearing Examiner affirmed the adequacy of the EIS. The FEIS was prepared by the City of Seattle and are available to read at DPD’s Public Resource Center, 700 – 5th Ave, Suite 2000, Seattle, WA. This FEIS meets DPD’s SEPA responsibilities and needs for the current proposal and will accompany the proposal to the decision-maker. The Addendum has been prepared by the Applicant to add specific information on land use, transportation, aesthetics and construction related impacts from the proposal and discusses changes in the analysis in the referenced FEIS. Pursuant to SMC 25.05.625-630, this addendum does not substantially change analysis of the significant impacts and alternatives in the FEIS.

Hard copies of the Addendum will be available for review at the DPD Public Resource Center (floor 20, 700 5^th Avenue) and the Seattle Central Library.

You may also view the Addendum on-line at: www.seattle.gov/DPD/Planning/South_Downtown/RelatedResources

Hard copies of this document are available upon request. Please contact the Public Resource Center at (206) 684-8467 or PRC@seattle.gov for a copy. A postage fee of  $0.60 cents will be charged.

Proposal:     The Seattle Department of Planning and Development (DPD) has reviewed an application from Sound Transit for a technical noise variance from the standards for nighttime construction noise for above-ground construction activities in support of underground tunneling at the University of Washington Station (UWS) site. Sound Transit proposes to construct twin bored tunnels running from the UWS site to the Capital Hill Station site located at Broadway and East Denny Way. This is the northern most portion of the University Link light rail system which will provide light rail transit service from the University of Washington to downtown Seattle.

Sound Transit's application includes a detailed noise analysis combined with a nighttime noise control mitigation plan and 3^rd party noise monitoring oversight. Sound Transit proposes new upper limits for on-site construction noise created at night, and applies only to the University Link UWS site.

Project Number:             3010245

Appealable Decision:     The technical variance request is conditionally granted.

Numerous conditions are included in the decision and include:

Applicant is required to follow and execute all noise control measures identified in the application, its appendices and attachments.

Nighttime project sound levels are limited to ensure they will not exceed the ambient sound level by more than 6dBA from 10:00 pm to 7:00 am weekdays and from 10:00 pm to 9:00 am on weekends and holidays.

Solid construction walls shall be installed prior to commencement of nighttime noise-producing construction activities on site.

The Construction Noise Management and Mitigation Plan must be approved by DPD prior to the commencement of nighttime construction activities on site.

The applicant shall notify the DPD Noise Administrator and those community members included in the original application two weeks prior to the commencement of activity that is subject to this variance.

City of Seattle
Hearing Examiner
Suite 4000
P.O. Box 94729
Seattle, WA 98124-4729

INFORMATION AVAILABLE

Copies of the application materials and the Director’s Analysis and Decision may be viewed at the DPD Public Resource Center, 700 5^th Avenue, Suite 2000 (20^th floor of the Seattle Municipal Tower). The Public Resource Center is open 7:30 am to 5:30 pm on Monday, Wednesday and Friday and 10:30 am to 5:30 pm on Tuesday and Thursday. Questions regarding the proposal may be directed to Lisa Rutzick at (206) 386-9049, lisa.rutzick@seattle.gov.

(Top of image is north.)
Map is for illustrative purposes only.  In the event of omissions, errors or differences, the documents in DPD's files will control.

The Director of DPD is convening the Design Review Board for an early design guidance meeting.

PROCESS  

The applicants have applied for Design Review related to development of this site.  At the early design guidance meeting, the applicants will present information about the site and vicinity.  The public may offer comments regarding the design and siting of the subject site; and, the Design Review Board members will also offer comments and identify those Citywide Design Guidelines of highest priority in developing the site.

MEETING  

Date:           Thursday, November 19, 2009

Time:           6:30 p.m.

Location:     West Seattle Senior Center
                    4217 SW Oregon St
                    Hattan Hall

MORE INFORMATION  

For more information regarding this application or the Design Review process, you may contact the Land Use Planner listed above.  If you are unable to attend this meeting but would like to be informed of future meetings, please call the Land Use Planner to become a party of record.