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Home My WebLink AboutApproved Minutes 08/20/2018 - Exhibit1 2 3 4 5 6 7 BEFORE THE RENTON CITY COUNCIL 8 9 RE: Wilson Park 1 Preliminary Plat(File No. LUA- Joint Stipulation and Agreement and 09-140) Agreed Order 10 Applicant's Appeal of Hearing Examiner PROPOSED] 11 Decision Denying Request for Extension of Plat Expiration 12 13 14 I. JOINT STIPULATION AND AGREEMENT 15 Appellants, Robert and Doravin Wilson (the"Wilsons"),and the City of Renton (the City")hereby jointly stipulate and agree to the following (the "Joint Stipulation and16 Agreement"). 17 1. Based on typical timelines for construction permit review and approval and 18 associated construction of a plat of the size of Wilson Park 1, City staff fully expects that there is 19 not sufficient time to receive a Public Works Approval Letter and to file for a complete final plat 20 application by July 5, 2019.The Wilsons acknowledge that City staff have informed them of the 21 foregoing. Nevertheless,the Wilsons believe they can meet a July 5, 2019 deadline and elect to 22 attempt to meet the July 5, 2019 deadline, but the Wilsons do so agreeing that no further plat 23 extensions are available for Wilson Park 1 beyond July 5, 2019. 24 25 Wilson Park 1—Stipulation and Agreed Order[PROPOSED] Renton City Attorney 1 a 1055 South Grady Way 5=1 Renton,WA 98057 Phone: 425.430.6480 Fax: 425.430.6498 EXHIBIT A to 8/20/2018 Renton City Council Meeting Minutes 1 2. Wilson Park 1 did not meet the RMC 4-7-080.1.2.standard for a plat extension 2 because there was no showing of"need caused by unusual circumstances or situations which 3 made it unduly burdensome to file the final plat" by August 16, 2018. The Hearing Examiner 4 did not make any substantial error of fact or law. 5 3. Despite Wilson Park 1 not having met the plat extension standard and the Hearing Examiner not having erred, both parties agree to resolve this matter along the terms 6 set out in this agreed order because of the mutual benefits to be achieved. 7 4. The Wilsons knowingly,willingly, and voluntarily waive all rights they would 8 otherwise have to seek any further preliminary plat extension beyond that expressly stipulated 9 to in this agreed order. The Wilsons intend and agree that this waiver shall be a covenant 10 running with the land,and is binding on all successors, heirs,and assigns. The covenant shall be 11 a recorded notice on title,with recording fees to be recovered in the plat permit review fees 12 payable by the applicant. City staff will provide the Wilsons a draft copy of the notice at least 13 seven calendar days before recording it. 14 5. The Wilsons knowingly,willingly, and voluntarily waive all rights they would 15 otherwise have to appeal the City Council decision on this agreed order and to otherwise 16 further appeal the Hearing Examiner decision. 17 6. Wilson Park 1 loses its vested status, effective August 17, 2018. Wilson Park 1 18 shall meet all City laws, regulations, standards,and specifications in effect as of August 17, 19 2018. 20 7. The Wilson Park 1 preliminary plat expiration date is extended to July 5, 21 2019. The Wilson Park 1 preliminary plat will expire on July 5,2019 unless a complete 22 application for final plat for Wilson Park 1 has been submitted on or before that date. In accordance with RMC 4-8-120.C,a Public Works Approval Letter confirming substantial 23 24 25 Wilson Park 1—Stipulation and Agreed Order[PROPOSED] Renton City Attorney Z 1055 South Grady Way 1I' Renton,WA 98057 Phone: 425.430.6480 Fax: 425.430.6498 EXHIBIT A to 8/20/2018 Renton City Council Meeting Minutes 1 completion of all proposed plat improvements is required as part of a complete final plat 2 application. 3 8. As stipulated to above, no request for additional preliminary plat extension shall 4 be made or granted for Wilson Park 1 that would extend the expiration date beyond July 5, 5 2019. 6 Dated this NA day of August,2018. 7 Stipulated and Agreed to by: 8 VAN NESS FELDMAN LLP 9 10 Clara Park,WSBA No.52255 11 Attorney for the Wilsons 12 Cl1 9 RENTON rr13 See ct-te pl 14 Lesli WSBA No.36164 Senior Assistant City Attorney 15 16 Concurrence by: 17 C` ed j 18 Ro Wilson 19 j 20 G' c'v 21 Dor n Wilson J 22 II. AGREED ORDER 23 1. After having reviewed the foregoing,the City Council of the City of Renton 24 hereby ADOPTS the Joint Stipulation and Agreement. 25 Wilson Park 1-Stipulation and Agreed Order[PROPOSED] Renton City Attorney 3 1055 South Grady Way Renton,WA 98057 Phone: 425.430.6480 Fax: 425.430.6498 EXHIBIT A to 8/20/2018 Renton City Council Meeting Minutes 1 completion of all proposed plat improvements is required as part of a complete final plat 2 application. 3 8. As stipulated to above, no request for additional preliminary plat extension shall 4 be made or granted for Wilson Park 1 that would extend the expiration date beyond July 5, 5 2019. 6 Dated this I day of August, 2018. 7 Stipulated and Agreed to by: 8 VAN NESS FELDMAN LLP 9 G` 10 C ra ark, WSBA No. 52255 11 Attorney for the Wilsons 12 I ,OF RENTON 13 1,,C, 6 $, 14 ie Clark,WSBA No. 36164 Senior Assistant City Attorney 15 16 Concurrence by: 17 Q k\C-C\cd.) 18 Robe ilson 19 20 CS-ee fV&C-j'Va Doravin Wilson 21 22 II. AGREED ORDER 23 1. After having reviewed the foregoing, the City Council of the City of Renton 24 hereby ADOPTS the Joint Stipulation and Agreement. 25 Wilson Park 1-Stipulation and Agreed Order[PROPOSED) Renton City Attorney 3 1055 South Grady Way 7` Renton,WA 98057 Phone: 425. 430.6480 Fax: 425.430.6498 EXHIBIT A to 8/20/2018 Renton City Council Meeting Minutes 1 completion of all proposed plat improvements is required as part of a complete final plat 2 application. 3 8. As stipulated to above, no request for additional preliminary plat extension shall 4 be made or granted for Wilson Park 1 that would extend the expiration date beyond July 5, 5 2019. 6Dated this hlt17 day of August, 2018. 7 Stipulated and Agreed to by: 8 VAN NESS FELDMAN LLP 9 CRC_ G...1/4r,`C-k42. CD_10 ara Park,WSBA No. 522 11 Attorney for the Wilsons 12 CITY OF RENTON 13 OCtkeLtin 14 Leslie Clark, WSBA No. 36164 Senior Assistant City Attorney 15 16 Concurrence by: 17 4},,./Arp 18 Robert Wilson 19 20 p z2'Gf1 spiv Gf/ Doravin Wilson 21 22 II. AGREED ORDER 23 1. After having reviewed the foregoing,the City Council of the City of Renton 24 hereby ADOPTS the Joint Stipulation and Agreement. 25 Wilson Park 1—Stipulation and Agreed Order[PROPOSED] Renton City Attorney 3 ti 1055 South Grady Way 73'4 Renton,WA 98057 c` Phone: 425.430.6480 Fax: 425.430.6498 EXHIBIT A to 8/20/2018 Renton City Council Meeting Minutes 1 2. The City Council further ORDERS that the Joint Stipulation and Agreement is the 2 City's final decision in this matter. Accordingly,the City Council ORDERS that the Hearing 3 Examiner's final decision in this matter is modified to the extent necessary to avoid interference 4 with the terms of the Joint Stipulation and Agreement. 5 3. Pursuant to the Joint Stipulation and Agreement,this order is not appealable. DECIDED by at least a majority of the City Council of the City of Renton in an open public 6 meeting this day of August, 2018. 7 8 9 Ed Prince, Council President 10 Renton City Council 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Wilson Park 1—Stipulation and Agreed Order[PROPOSED] Renton City Attorney 4 1055 South Grady Way' Renton,WA 98057 N, Phone: 425.430.6480 Fax: 425.430.6498 EXHIBIT A to 8/20/2018 Renton City Council Meeting Minutes