The URL can be used to link to this page

Home My WebLink About8/22/2018 - Letter w/Agreement & OrderDenis Law Mayor August 22, 2018 City Clerk - Jason A. Seth, CMC Robert & Doravin Wilson 21703 60th Street E Lake Tapps, WA 98391 RE: Wilson Park 1 Preliminary Plat (File No. LUA-09-140 PP, ECF) Dear Robert & Doravin Wilson: At the regular Council meeting of August 20, 2018, the Renton City Council adopted the recommendation of the Planning and Development Committee to adopt the Joint Stipulation Agreement and Agreed Order that was agreed upon and signed by both parties on August 17, 2018. A copy of the approved Committee report is enclosed. If you have any questions, please contact Jason Seth, City Clerk, at 425-430-6502. Sincerely, Megan Gregor, CIVIC Deputy City Clerk * Please note that if you signed up to be a Party of Record for this matter you are receiving a copy of this letter as a courtesy. Enc: P&D Committee Report cc: Hearing Examiner Chip Vincent, CED Administrator Jennifer Henning, Planning Director Vanessa Dolbee, Current Planning Manager Brianne Bannwarth, Development Engineering Manager Kyle Wunderlin, Planning Technician Judith Subia, Administrative Assistant Craig Burnell, Building Official Leslie Clark, Assistant City Attorney Ed Prince, City Councilmember Ryan Mclrvin, P & D Committee Chair Julia Medzegian, City Council Liaison * Parties of Record (11) 1055 South Grady Way, Renton, WA 98057 • (425) 430-6510 / Fax (425) 430-6516 • rentonwa.gov PLANNING & DEVELOPMENT COMMITTEE COMMITTEE REPORT August 20, 201� Wilson Park 1 Appeal (August 6, 2018) pad NIL On August 9, 2018, the Planning and Development Committee heard the closed record appeal hearing arguments of the Appellants, Robert and Doravin Wilson on behalf of their plat development, Wilson Park I and their representative, attorney Clara Park. The City's Community & Economic Development Department, was represented by Senior Assistant City Attorney Leslie Clark. No other parties of record spoke or made themselves known at the closed record appeal hearing. The Committee recommends that Council adopt the Joint Stipulation Agreement and Agreed Order that was agreed upon and signed by both parties on August 17, 2018 (please see attached) as the final decision in the matter regarding the Wilson Park 1 Appeal of Hearing Examiner Decision Denying Request for Extension of Plat Expiration. Arm do Pavone, Vice Chair i Caro Ann Witschi, Member cc: Jason Seth, City Clerk Vanessa Dolbee, Current Planning Manager Jennifer Henning, Planning Director Judith Subia, Administrative Assistant Leslie Clark, Senior Assistant City Attorney Cindy Moya, City Clerk Specialist 0 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov 1 2 3 4 5 6'' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BEFORE THE RENTON CITY COUNCIL RE: Wilson Park 1 Preliminary Plat (File No. LUA- 09-140) Applicant's Appeal of Hearing Examiner Decision Denying Request for Extension of Plat Expiration Joint Stipulation and Agreement and Agreed Order [PROPOSED] 1. JOINT STIPULATION AND AGREEMENT 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 and Agreement"). 1. Based on typical timelines for construction permit review and approval and associated construction of a plat of the size of Wilson Park 1, City staff fully expects that there is not sufficient time to receive a Public Works Approval Letter and to file for a complete final plat application by July 5, 2019. The Wilsons acknowledge that City staff have informed them of the foregoing. Nevertheless, the Wilsons believe they can meet a July 5, 2019 deadline and elect to attempt to meet the July 5, 2019 deadline, but the Wilsons do so agreeing that no further plat extensions are available for Wilson Park 1 beyond July 5, 2019. Wilson Park 1—Stipulation and Agreed Order [PROPOSED] -1 Renton City Attorney s� 10SS South Grady Way Renton, WA 98057 Phone: 425.430.6480 Fax: 42S.430.6498 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2. Wilson Park 1 did not meet the RMC 4-7-0801.2. standard for a plat extension because there was no showing of "need caused by unusual circumstances or situations which made it unduly burdensome to file the final plat" by August 16, 2018. The Hearing Examiner I did not make any substantial error of fact or law. 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 set out in this agreed order because of the mutual benefits to be achieved. 4. The Wilsons knowingly, willingly, and voluntarily waive all rights they would otherwise have to seek any further preliminary plat extension beyond that expressly stipulated to in this agreed order. The Wilsons intend and agree that this waiver shall be a covenant running with the land, and is binding on all successors, heirs, and assigns. The covenant shall be, a recorded notice on title, with recording fees to be recovered in the plat permit review fees payable by the applicant. City staff will provide the Wilsons a draft copy of the notice at least seven calendar days before recording it. 5. The Wilsons knowingly, willingly, and voluntarily waive all rights they would otherwise have to appeal the City Council decision on this agreed order and to otherwise further appeal the Hearing Examiner decision. 6. Wilson Park 1 loses its vested status, effective August 17, 2018. Wilson Park 1 shall meet all City laws, regulations, standards, and specifications in effect as of August 17, 2018. 7. The Wilson Park 1 preliminary plat expiration date is extended to July 5, 2019. The Wilson Park 1 preliminary plat will expire on July 5, 2019 unless a complete 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 Wilson Park 1— Stipulation and Agreed Order [PROPOSED] -2 Renton City Attorney r 1055 South Grady Way Renton, WA 98057 Phone: 425.430.6480 Fax: 425.430.6498 1 2 3 4 5 6'I 71 81 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 completion of all proposed plat improvements is required as part of a complete final plat application. 8. As stipulated to above, no request for additional preliminary plat extension shall be made or granted for Wilson Park 1 that would extend the expiration date beyond July S, 2019. Dated this � day of August, 2018. Stipulated and Agreed to by: VAN NNESS FELDMAN LLP /�jf Clara Park, WSBA No. 52255 Attorney for the Wilsons CITY RENTON i 3e � A��_C e Lesli , WSBA No. 36164 Senior Assistant City Attorney Concurrence by: Rd'Wilson Dor n Wilson 11. AGREED ORDER 1. After having reviewed the foregoing, the City Council of the City of Renton hereby ADOPTS the Joint Stipulation and Agreement. Wilson Park 1—Stipulation and Agreed Order [PROPOSED] - Renton City Attorney • IOSS South Grady Way 3 ?`� Renton, WA 98OS7 Phone: 425.430.6490 Fax: 425.430.6499 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 completion of all proposed plat improvements is required as part of a complete final plat application. 8. As stipulated to above, no request for additional preliminary plat extension shall be made or granted for Wilson Park 1 that would extend the expiration date beyond July 5, 2019. A� ` Dated this I� day of August, 2018. Stipulated and Agreed to by: VAN NESS FELDMAN LLP s�e a *�-G� C ra ark, WSBA No. 52255 Attorney for the Wilsons I ,,OF RENTON Al�� f �D ie Clark, WSBA No. 36164 Senior Assistant City Attorney Concurrence by: tk— Robe ilson Doravin Wilson II. AGREED ORDER 1. After having reviewed the foregoing, the City Council of the City of Renton hereby ADOPTS the Joint Stipulation and Agreement. Wilson Park 1— Stipulation and Agreed Order (PROPOSED) Renton City Attorney 3 _r,� 1055 South Grady Way ��i Renton, WA 98057 Phone: 425.430.6480 Fax: 425.430.6498 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 completion of all proposed plat improvements is required as part of a complete final plat application. 8. As stipulated to above, no request for additional preliminary plat extension shall be made or granted for Wilson Park 1 that would extend the expiration date beyond July 5, 12019. Dated this /i'day of August, 2018. Stipulated and Agreed to by: VAN NESS FELDMAN LLP ara Park, WSBA No. 522 Attorney for the Wilsons CITY OF RENTON CS4 Le6e Clark, WSBA No. 36 4 Senior Assistant City Attorney Concurrence by: Robert Wilson QI�42.Gf! t�iz_� GU.,C.t� Doravin Wilson II. AGREED ORDER 1. After having reviewed the foregoing, the City Council of the City of Renton hereby ADOPTS the Joint Stipulation and Agreement. Wilson Park 1— Stipulation and Agreed Order [PROPOSED] Renton City Attorney 3 ti 10555outh Grady Way »1 Renton, WA 98057 Phone: 425.430.6480 Fax: 425.430.6498 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2. The City Council further ORDERS that the Joint Stipulation and Agreement is the City's final decision in this matter. Accordingly, the City Council ORDERS that the Hearing Examiner's final decision in this matter is modified to the extent necessary to avoid interference with the terms of the Joint Stipulation and Agreement. 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 meeting this day of August, 2018. Ed Prince, Council President Renton City Council Wilson Park 1—Stipulation and Agreed Order [PROPOSED] -4 Renton City Attorney • 1055 South Grady Way sir Renton, WA 98057 Phone: 42S.430.6480 Fax: 425.430.6498