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BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: Hawks Landing LLC
Extension Request
LUA09-060; ECF, SA-M, SA-H
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Summary
The Applicant has applied for a two year extension of the expiration period for a site plan approved
17 on September 10, 2009. The extension is approved to September 10, 2013.
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Exhibits
The following documents were considered in evaluating the application for final plat:
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Applicant's Request for Extension of the Site Plan Review approval, date August
30,2011.
September 10, 2009 decision approving site plan and master site plan
applications; LUA 09-060, ECF, SA-M, SA-H.
Email string between staff and examiner ending 10/3111.
Preliminary Report to the Hearing Examiner, LUA 09-060, ECF, SA-M, SA-H.
8/31111 assignment request for LUA 09-060, ECF, SA-M, SA-H.
Findings of Fact
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Procedural:
1. Applicant. Hawks Landing, LLC, assignee of site plan approval from original applicant,
Alpert International, LLP.
2. Hearing. RMC 4-9-200(L)(2) provides that the Examiner may require a public hearing at his
discretion for the site plan extension request. Given that permit extension requests are routinely
given in this challenging economic climate and that there is nothing in the record to suggest that the
impacts of the project would materially change over an additional two year period, there is no need
for a hearing on this extension request.
Substantive:
9 3. Description of Proposal. The Applicant is requesting extension of the two year expiration
period for site plan approval as governed by RMC 4-9-200(L)(2). The hearing examiner decision
10 approving the site plan is Ex. 2.
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Conclusions of Law
Procedural:
1. Authority of Hearing Examiner. RMC 4-9-200(L)(2) provides that the hearing examiner may
14 grant an extension of the two year expiration period for site plan approvals.
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Substantive:
2. Applicable Standards. RMC 4-9-200(L)(2) provides that the Examiner may grant a two year
extension on site plan approval expiration upon a showing of "good cause". The Applicant
references the current economic climate as the reason for additional time. The severe economic
climate has routinely served as grounds for extension of permit expiration and there is nothing in
this case to compel a different result. The extension is granted.
3. Master Site Plan Extension. In the email correspondence of Ex. 3, staff has also requested
that the Examiner clarify what the expiration period is for the master site plan. RMC 4-9-
200(L)(1) requires the Examiner to set an expiration period for a proposed master plan within a
two to five year period. Staff referenced a five year expiration period in its staff report on the
master site plan application, but the Examiner never set an expiration period in his decision. The
current Examiner does not have the authority to clarify the Examiner's 2009 decision approving
the master site plan application. The issue of what expiration period applies when the Examiner
fails to address it as required by RMC 4-9-200(L)(1) is a code interpretation that should be
submitted to the Community and Economic Development Administrator under RMC 4-1-080(A).
That decision may then be brought to the Examiner by administrative appeal under RMC 4-8-
110(E)(1)(a). Another way to address the situation would be to amend the site plan decision with
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the addition of a specified expiration period as a major adjustment, providing the public an
opportunity to comment on any proposed expiration period.
DECISION
5 The request to extend the September 10, 2011 expiration date of site plan approval LUA09-060;
ECF, SA-M, SA-H to September 10,2013 is approved.
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DATED this 3rd day of October, 2011.
<:(:?-~ c::::?~_
Phil A. Olbrechts
City of Renton Hearing Examiner
Appeal Right and Valuation Notices
RMC 4-8-11 0(E)(9) provides that the decision of the hearing examiner is final subject to appeal to
the Renton City CounciL RMC 4-8-11 0(E)(9) requires appeals of the hearing examiner's decision
to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A
request for reconsideration to the hearing e examiner may also be filed within this 14 day appeal
period as identified in RMC 4-8-110(E)(8) and RMC 4-8-100(G)(4). A new fourteen (14) day
appeal period shall commence upon the issuance of the reconsideration. Additional information
regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall-7th
floor, (425) 430-6510.
Affected property owners may request a change In valuation for property tax purposes
notwithstanding any program of revaluation.
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