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HomeMy WebLinkAboutD_Kinkade_Crossing_HEX_Reconsideration_Decision_160209_v1DeniYLaw Clty Of oMaorDY s NT City Clerk -Jason A.Seth,CMC February 10, 2016 I Phillip Kitzes PK Enterprises 23035 $E 263 d St Mapie Valley, WA 98038 Subject: Hearing Examiner's Order on Request for Reconsideration RE: Kinkade Crossing Preliminary Plat, LUA-15-000695 Dear Mr. Kitzes: Attached is the City of Renton's Hearing Examiner's Order on Request for Reconsideration dated February 9, 2016. If I can provide further information, please feel free to contact me or Clark Close, the Associate Planner at (425) 430-7289. Sincerely, Jason A. Seth City Clerk cc: Hearing Examiner Clark Close,Associate Planner lennifer Henning, Planning Director Vanessa Dolbee,Current Planning Manager Brianne Bannwarth, Development Engineering Manager Craig Burnell, Building O cial Sabrina Mirante,Secretary, Planning Division Julia Medzegian,City Council Liaison Parties of Record(5) 1055 South Grady Way• Renton,Washington 98057•(425)430-6510/Fax(425)430-6516•rentonwa.gov BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON Emily Terrell, Hearing Examiner Pro Tem RE: Kinkade Crossing Plat ORDER ON REQUEST FOR RECONSIDERATION Preliminary Plat LUA 15-000695, ECF, PP Requestor: City of Renton, WA INTRODUCTION PK Enterprises received Preliminary Plat approval from the City of Renton on January 5, 2016 for a 17 lot residential subdivision. On January 13, 2016, the City of Renton filed a request for reconsideration toward modification of Condition of Approval #8. The City argued the condition prematurely granted the applicant a modification to RMC 4-6-060J without a formal application for the modification pursuant to MCC 4-6-060Q.1. The City further argues the examiner failed to provide adequate justification for allowing Lot 13 to access either the alley or Road A (RMC 4-7-150E.5). The City's request for reconsideration is granted. DISCUSSION The Final Decision of the above-captioned matter grants a modification to RMC 4-6- 060J based on the City's testimony demonstrating a willingness to support such a modification. The City's argument that a formal application for a modification pursuant to MCC 4-6-060Q.1 is required prior to approval of said modification is correct. The City also conectly argues that the examiner failed to justify properly the approval of the applicant's requested modification to RMC 4-7-150E.5 with respect to access to Lot 13. The applicant did not provide a formal modification request for this decision and there is nothing in the record to indicate Lot 13 cannot be safely accessed via the alley. Street access is not required. The examiner issued an order on January 18, 2016 allowing the applicant until 1 February 5, 2016 to comment on the City's Request for Reconsideration. The 2 applicant did not provide comment. 3 Condition#8 of the Final Decision is modified as follows: 8. Lots -k 13-17 shall gain vehicular access to their respective lots off the alley. Lots 1 and 2 s-1—ma gain access from a shared driveway. if a shared drive a modification is aaaroved b the Cit. !? ..,• ';: p•,' " .,: t': !'.e• . This shall be noted on the face of the plat. A final road plan shall be submitted to and approved by the City of Renton Current Planning Project Manager prior to issuance a construction permit. 8 Dated this 9t"day of February, 2016. 9 C l C v``^-" Z.Sc.I,,, 11 Emily Terr ll,AICP City of Renton Hearing Examiner Pro Tem 12 13 Appeal Right and Valuation Notices 14 RMC 4-8-110(E)(9)provides that the final decision of the hearing examiner is subject 15 to appeal to the Renton City Council. RMC 4-8-110(E)(9) requires appeals of the 16 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 I 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 18 commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton 19 City Hall —7th floor, (425)430-6510. 20 Affected ro ert owners ma re uest a chan e in valuation for ro ert tax u osesPPYY9gPPYPtP 21 notwithstanding any program of revaluation. 22 23 24 25 Kinkade Crossing Preliminary Plat p. 2 Decision on Reconsideration