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Wilson Appeal Hearing Letter
- r Denis Law Mayor TIR City Clerk-Jason A.Seth,CMC April 23, 2019 Robert & Doravin Wilson 21703 60th St E Lake Tapps, WA 98391 Re: Appeal to the Hearing Examiner LUA-12-013—Wilson Park 2 Preliminary Plat/PUD Dear Mr. & Mrs. Wilson: We are in receipt of your Notice of Appeal (dated 4/19/2019) requesting a hearing for the above mentioned matter. This hearing has been scheduled for Tuesday, May 21, 2019 at 11:00 a.m. The hearing will take place in the Council Chambers on the seventh floor of Renton City Hall. The address is 1055 S Grady Way in Renton. Please note that more than one hearing may be held at this time. If your case is called and you are not present, your appeal may be automatically denied. If for some reason you do not plan to attend, or you have any questions, please contact me in advance of the hearing date at 425-430-6510. Sincerely, Cam? 5 ason A. Si , C City Clerk Attachments: Appeal to Hearing Examiner cc: Hearing Examiner Chip Vincent, CED Administrator Jennifer Henning, Planning Director Vanessa Dolbee, Current Planning Manager Brianne Bannwarth, Development Engineering Manager Craig Burnell, Building Official Jennifer Cisneros, Planning Technician Julia Medzegian, City Council Liaison 1055 South Grady Way,Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov CITY OF RENTON Robert and Doravin Wilson (owners) 21703 60th St. E. APR 19 2019 r2'� Lake Tapps, WA 98391 RECEIVED CITY CLERK'S OFFICE doravin@comcast.net (253) 208-3263 April 19, 2019 Mr. Phil Olbrechts Renton Hearing Examiner 1055 S. Grady Way Renton, WA 98057 Subject: File No. LUA 12-013 Wilson Park 2 Preliminary Plat/PUD. Request for One-Year Extension Pursuant to Renton Municipal Code 4-7-080(L)(1) / Appeal of City Administration Decision to Deny the Request. Reference: (1) Request for a one-year extension of the period of validity for Wilson Park 2 Preliminary plat Approval (Letter dated January 30, 2019). (2) Denial of Request for one-year Extension of Period of Validity for Wilson Park 2 Preliminary Plat dated March 27, 2019. (3) Request for Reconsideration of Ref 2 Denial of Request dated April 1, 2019 (4) Denial of Request for Reconsideration dated April 5, 2019. (5) Wilson Park 2 Preliminary Plat LUA 12-013, PP, PUD (10 lots) (6) Wilson Park 1 Preliminary Plat LUA 09-140, PP (12 lots) (7)Joint Stipulation and Agreement adopted by the City of Renton, dated August 17, 2018, relative to Reference (6). (8) Declaration of Hans Korve; Exhibits A - D Dear Sir, We are Robert and Doravin Wilson, owners of the referenced (5) and (6) properties, referred to as "Wilson Park 2" and "Wilson Park 1," respectively. We purchased the Wilson Park 1 property, built a home and lived on the property from 1977 to 2005, raised a family there and now are retired. We purchased the adjacent Wilson Park 2 in 2011. Since approximately 2009, we have attempted to 1 subdivide and then sell for development, first Wilson Park 1 (Reference 6) and subsequently Wilson Park 2 (Reference 5). However, due to the market downturn, site construction complexities, and procedural complexities described below, we have been unable to complete the project and are asking for the one-year "good faith" extension authorized by Renton Municipal Codes 4-7-080(L)(1). This is the first extension request for Wilson Park 2.1 A brief history of the Wilson Park 1 and 2 explains the reason for our request for extension of Wilson Park 2, and demonstrates the "good faith" efforts specified in RMC 4-7-080(L)(1) for the request: • Wilson Park 1 Preliminary Plat was approved in August 2010. Access to Wilson Park 1 was via an easement across what is now Wilson Park 2. We purchased the Wilson Park 2 property in 2011 after a bank foreclosure on the owner which compromised the Wilson Park 1 access easement. • Wilson Park 2 Preliminary Plat was approved in July 2012. • Wilson Park 1 and 2 were combined into one final engineered plat and the combined plat improvement final engineering drawings were signed and stamped by the City of Renton on June 2014, about 5 years ago. On December 2014 the Soos Creek Water District approved and signed the final water design drawings for the overall 22 lot development. • The two properties were interconnected and interrelated, dependent on each other for physical construction, (grading, access, utilities and stormwater). The overall development was actively marketed as one project from June 2014 until August 2018, about 4 years. • Due to recovering market conditions and the topographical challenges of the overall site, and in spite of many offers, none would close. The overall development was not sold, even as we continued to lower the sale price to below market value over the 4 year period since final engineering approval 1 We previously requested a second one-year extension for Wilson Park 1 under RMC 4-7-080(L)(2),as described below. We are not pursuing development of that property at this time, due to design challenges. 2 in 2014. These ongoing efforts were described in the Declaration of Steven Beck, submitted in support of the request for extension of Wilson Park 1. • In the months leading up to the August 16, 2018 expiration date for Wilson Park 1, no builder/developer offers were forthcoming due to uncertainty of requirements after expiration. We requested a second one-year extension of Wilson Park 1 pursuant to RMC 4-7-080(L)(2) (which sets forth a higher standard compared to RMC 4-7-080(L)(1)). • Our extension request was denied by staff and the hearing examiner, but on August 17, 2018, to resolve a pending appeal of the second extension denial, we entered into a Joint Stipulation with the City Council (Reference 7). The stipulation granted the additional one-year extension for Wilson Park 1, but added the requirement that Wilson Park 1 now had to be designed to meet all updated 2018 City development standards. This stipulation did not apply to Wilson Park 2. • The stipulation's requirement meant Wilson Park 1 had to be reengineered, which in turn also potentially affected portions of the Wilson Park 2 design, depending on how the two plats were to be constructed as an integrated development. • We then presented some scaled-down designs of Wilson Park 1. These designs consisted of 4-5 lots situated around a "cul-de-sac" in the Western half of Wilson Park 1, instead of the original 12 lots. These Wilson Park 1 designs would not alter the Wilson Park 2 design approved in June 2014. The "cul-de-sac" designs would satisfy Fire Department requirements for turnaround space. • None of the aforementioned designs were acceptable to the City. The City stated that the "cul-de-sac" would take up too much space in the area of Wilson Park 1 zoned as R-1. • After over two months of trying to obtain City approval of a downsized Wilson Park 1 design, we decided in mid-October to forgo Wilson Park 1 altogether. We decided to focus on making Wilson Park 2 (10 lots) a stand- alone development by adding a City approved hammerhead turnaround 3 and by finalizing PUD design submittals for Wilson Park 2. See Declaration of Hans Korve (Reference 8). • We hired a new engineering company in the fall of 2018 to complete the Wilson Park 2 design to accommodate the hammerhead turnaround, leaving the balance of the construction engineering for the Wilson Park 2 intact. We have spent the last 6 months working continuously with the City on completing final plat and PUD design submittals. It has taken much longer than anticipated. We are very close to completion of the City's required submittals as this date. The Declaration of Hans Korve (Reference 8), our project manager, details our efforts and the current project status. As we described in our letter of request for extension (Ref. 1), during the 10-11 months of elapsed time from May 2018 to January 2019, no buyer would be forthcoming due to uncertainties relative to approved designs for Wilson Park 2 (or Wilson Park 1). No buyer/builder will take on the soon to be approved Wilson Park 2 if the expiration date remains at July 5, 2019. This is why we need a one year extension from July 5, 2019 to July 5, 2020, as allowed in RMC 4-7-080(L)(1). My wife and I have never intended to be the builders of these projects. Our plan has always been to sell the project with its entitlements and approvals. We have made this clear to the City from the beginning. The buyer/builder would be the one to obtain construction permits from the City and build the project. We made our request for extension on January 30, 2019. We did not receive a reply for almost two months, on March 27, 2019. We met with the City to discuss our request on April 1, 2019, and during that meeting, the City asked that we submit a request for reconsideration. We submitted our reconsideration request that same day, and the City denied our reconsideration request on April 5, 2019. Responses to City Denial of Request The City's letter denying our extension request claims that we "have not made a good faith attempt" and that an extension "would likely result in a year of wasted time and resources." (Ref. 2, p. 2-3). The City's letter mischaracterizes our efforts, as discussed below. 4 In the City Denial of Request Letter (Ref. 2), 3rd paragraph suggests "that during periods of negotiation you have diverted attention away from working on the actual construction work necessary to advance the plat to the recording stage." We, the owners, as stated above, are trying to sell the engineered project to a qualified builder, not to build the project ourselves. The "months of negotiations" described by the City were first trying to redesign Wilson Park 1 to meet the current city codes, and then when it became clear that the City would not accept even a dramatically scaled down version of Wilson Park 1, we opted to abandon that plat and concentrate on Wilson Park 2, with revised hammerhead access to meet fire safety access needs. In paragraphs 3 and 4, it is stated "the outstanding construction permit has not been paid for or picked up, and no further progress has been made toward constructing all site improvements —a mandatory prerequisite of final plat recording," and "The Civil Construction Permit has been ready to issue since June 17, 2014 waiting only for actions from you." These statements ignore the fact that Wilson Park 1 required a total redesign to meet current codes, as required by the stipulation. When we determined we could not come up with a design that would satisfy the City, we had to abandon Wilson Park 1 and focus on Wilson Park 2. While much of the 2014 construction plans for Wilson Park 2 remain unchanged, they could not be picked up and construction commenced until the Wilson Park 2 hammerhead redesign has been approved by the City. As described above, that effort is ongoing. In paragraph 4, bullet number 4, the City states that revisions to the Code have occurred subsequent to the application, such as revisions to the zoning and revisions to stormwater and fence/wall standards. However, the undisputed fact is that Wilson Park 2's approval is valid and vested to the prior regulations. Also, the Code criteria for a one-year extension only require that the applicant demonstrate "good faith." The fact that regulations may have changed is not relevant to whether we have shown good faith efforts. In paragraph 4, bullet number 5, the City claims, "It took an additional 6 months for CED to receive any form of formal application pursuing these options." The City's portrayal mischaracterizes our efforts. We signed the stipulation to extend Wilson Park 1 on August 17, 2018. As soon as we hired a new engineering firm, we presented plans and discussed with the City, beginning with the October 8, 5 2018 meeting and continuing throughout the end of 2018 and early 2019. (Korve Declaration, Ref. 8). Although we could not submit a formal application during that time, the City is aware that we spent those months regularly responding to the City's various requests and going through the City's "pre-submittal" process, as outlined in the Korve Declaration. In paragraph 4, bullet number 6, it is stated that "Now, you assert that Wilson Park 2 must be extended past Wilson Park 1's July 5, 2019 expiration date. The repeated attempts to seesaw the two plats' expiration dates discredit arguments of good faith." As stated earlier and repeatedly explained to the City, we have cancelled Wilson Park 1 and are only proceeding with Wilson Park 2 as a stand- alone project. We have made no attempts to "seesaw" the two plats. This statement simply reflects the City staff's continued misunderstanding and mischaracterization of this development project, not our good faith efforts to try to present a design they are willing to accept. In paragraph 4, bullet number 8, the City states that "CED representatives recently visited the site and witnessed first hand that the plat remains unimproved." Given the need to abandon Wilson Park 1 and redesign a hammerhead turn around for Wilson Park 2, of course no one have commenced construction of the plat improvements on the site—no one can start that construction until the new hammerhead turn around design has been approved by the City. The City's denial implicitly makes a judgment that the remaining permit process will make it virtually impossible to complete Wilson Park 2 plat improvements before July 2020. However, we believe this would only be the case if the City continues to unreasonably delay its review and response to our redesign efforts, most recently as demonstrated by a 2 month delay in responding to our January extension request. City permit review, by code, should not take more than 120 days. With a simple hammerhead revision as now proposed for Wilson Park 2, that time frame should be much less. Currently, we are delayed by the City's "pre-review" submittal process, and have been told we cannot submit the hammerhead redesign plans for formal review, until the City completes a "pre- submittal review." However, based on recent City comments received on our "pre-submittal" documents, it appears that the City is conducting a complete plan review, rather than a "pre-submittal" review to confirm completeness of our 6 submittals. For example, recent city comments request word choice changes in the plan notes, or further explanation regarding specific tree removal—a level of detail that is typically addressed in the formal application review. This pre-submittal review is delaying our application. We are and have been ready, willing and able to submit the hammerhead revision for approval, but have been instructed not to do so by the City. Assuming a reasonable review time for a relatively simple plan change affecting only a couple of the lots in Wilson Park 2, we believe July 2020 is more than sufficient time to obtain approvals, to secure a buyer once we have certainty regarding Wilson Park 2 construction requirements and a July 2020 expiration date, and to complete those improvements for final plat/PUD recording. We believe we have demonstrated good faith in trying to respond to City requirements, first to redesign Wilson Park 1 to meet new codes and then to abandon Wilson Park 1 and prepare a hammerhead addendum for Wilson Park 2 once it became clear that the City was not willing to accept our proposals for a significantly-scaled down version of Wilson Park 1. This was a difficult project when it was a combined Wilson Park 1 and 2 and many builder/developers would not take it on. With the elimination of Wilson Park 1 from the project, Wilson Park 2 alone is recognized as a more attractive project. Even though we the owners are not going to be the ones to construct the project, we believe we have made a good faith effort to bring a fully engineered, ready to construct project to the market. Time is running out toward a Wilson Park 2 expiration on July 5, 2019. It is unfair for the City to say in the last paragraph of the denial letter that the extension "would likely result in a year of wasted time and resources." We and our engineer believe the Wilson Park 2 project utilities and infrastructure can be constructed and recorded by July 5, 2020. Assuming a reasonable time frame for hammerhead design approval by the City, construction can start this summer and be completed within one year. We have made a significantly strong effort to get this project engineered, completed, and recorded per the required due dates. Circumstances presented herein have prevented this completion on time. We ask the one-year extension, as provided for in the City of Renton code Section 4-07-080(L)(1), to allow Wilson Park 2 PUD to be completed. We have spent an enormous amount of time and money, over$100,000 of lifetime savings, on the projects as described herein. Please consider this request and grant approval of a one-year extension of the period of validity for Wilson Park 2 to July 5, 2020. Please let us know if you require any additional information to support our request. Sincerely, / / .,e;41-v Robert & Doravin Wilson Attachments: References 1 —8 Layouts of Wilson Park 1 and 2 Exhibits A-D Cc: C.E. "Chip" Vincent, Jennifer T. Henning 8 Ref (I) ►, January 30, 2019 Mr. Chip Vincent Renton CED Administrator 1055 S. Grady Way Renton, WA 98057 Cc: Ms. Jennifer Henning Planning Director Subject: Request for a one-year extension of period of validity for Wilson Park 2 Preliminary Plat approval Reference: (1) Wilson Park 1 Preliminary Plat LUA 09-140, PP, 12 lots (2) Wilson Park 2 Preliminary Plat LUA 12-013, PP, PUD, 10 lots Dear Mr. Vincent, We are requesting a one-year extension of the date of expiration for Wilson Park 2 preliminary plat approval from July 5, 2019 to July 5, 2020 as provided for in the Renton City Code section 4-07-080, paragraph L.1. Wilson Park 1 (12 lots)together with Wilson Park 2 (10 lots) were marketed as one subdivision. Given the interrelated design, including the topographical challenges of the site, we have been unable to successfully market the plat in the original time periods for preliminary plat approval. Despite dropping the selling price significantly below market over the past two years, and receiving several offers, none would close. In early 2018, as the expiration date of August 16, 2018 for Wilson Park 1 approached, it was clear that no offers would be forthcoming due to uncertainty of what would happen to Wilson Park 1 at its expiration. As you know, much time was spent with the City between early May and late August 2018 on the resolution of Wilson Park 1 validity dates and design requirements. After this period, scaled down versions of Wilson Park 1 were discussed with the City with no resolutions. Ref(!) During this time, the decision was made to focus on Wilson Park 2 only and make it a marketable 10 lot package that meets city requirements. Addition of a hammerhead turnaround and finalizing of PUD design submittals would be the main focus. However, during this time our engineer of record, Darrell Offe, opted out due to other commitments. Our search for a design engineer took over one month of interviewing until we found a firm that could step in and continue the effort. Getting the new engineer firm up to speed, and discussions with the City on modifying Wilson Park 2 to meet design and PUD requirements has taken about two months. The PUD approval process will probably consume another 1-2 months into March. We plan to submit drawings for approval the week of Feb 4. During the above described 10-11 months of elapsed time from May 2018 to January 2019, no buyers would be forthcoming due to uncertainties relative to approved designs for Wilson Park 2 (or Wilson Park 1). No buyer/builder will take on the Wilson Park 2 project in April 2019, if the deadline for expiration is July 5, 2019. We have made a continued strong effort to get this project going, completed, and recorded per the required due dates. Circumstances presented herein have prevented this completion. We are asking the City to help us be successful on this project. We have spent a lot of time and money on this, and our time and money should not be wasted. We need a one-year extension as provided for in the City code to allow Wilson Park 2 PUD to proceed and become a reality. Please let us know if you require any additional information to support our request. Please consider this request and grant approval. Sincerely, Robert and Doravin Wilson ie-P (2) I. 44 ,4 Deeds Law Mayor 4, • W:' J Community&Economic Development C.E."Chip"Vincent,Administrator March 27, 2019 Robert& Doravin Wilson 21730 60th Street East Lake Tapps,WA 98391 VIA Email: doravin@comcast.net SUBJECT: Denial of Request for One-Year Extension of Period of Validity for Wilson Park 2 Pueliminar3,y Plat (LUA 12-013, PP, PUD);READ CAREFULLY: Includes Deadline to Appeal Dear Mr. and Mrs. Wilson: The Department of Community& Economic Development ICED) received your January 30, 2019 request fora one-year extension of the period of validity for the Wilson Park 2 Preliminary Plat. RMC 4-7-080.1 allows for a one-year extension of a preliminary plat within five years of the date of preliminary plat approval if an applicant files at least 30 days prior to the expiration of the five- year period, but only if the applicant demonstrates that he/she has attempted in good faith to record the final plat within the five(5)year period. Applicable to Wilson Park 2,the Washington State Legislature allowed for an additional two (2)years for plats approved on or after January 1, 2008, and before January 1,2015. As the Wilson Park 2 date of preliminary plat approval is within this time period,the plat has a seven-year period of validity for the preliminary plat, or until July 5, 2019. Your letter requesting an extension begins by focusing on marketing efforts. Specifically, it describes having had several unsuccessful offers to purchase the property,suggesting that during periods of negotiation you have diverted attention away from working on the actual construction work necessary to advance the plat to the recording stage. Next, the letter states that you also needed to find a new civil engineer to complete revisions on the plat because the prior engineer "opted out;" however, this only occurred within the past several months when you decided to consider possible redesign of elements of the piat. And, although the letter assured that you would "submit drawings for approval the week of Feb 4," this did not in fact occur until more than six weeks after that date, in keeping with the delays throughout the life of Wilson Park 2. Additionally, focusing on recent delayed efforts to revise Wilson Park 2 does not account for the 7055 South Grady Way,Renton,WA 98057. rentonwa.gov Ref (Z) Mr.Robert Wilson 2 March 27,2019 Page 12 prior six years in which the Wilson Park 2 plat could have been making progress toward recording as it was originally approved. Indeed, the preliminary plat and preliminary PUD were approved in 2012, and engineering drawings were approved five years ago in 2014. However, the engineering drawings have remained in our office, the outstanding construction permit has not been paid for or picked up, and no further progress has been made toward constructing all site improvements—a mandatory prerequisite of final plat recording. In addition to considering the points made in your letter, CED considered the following in evaluating your request for a one-year extension to Wilson Park 2: o The preliminary plat and preliminary PUD were approved on July 5, 2012. © The project was provided a 7-year approval time frame, based on Renton Municipal Code and an extension granted by the Washington State Legislature. Therefore the project expires on July 5, 2019. ® The Civil Construction Permit has been ready to issue since June 17, 2014 waiting only for actions from you: final permit fees to be paid, a performance bond to be submitted,and contractor information along other construction related documents to be provided. s Revisions to Renton Municipal Code have occurred subsequent to the application. In addition to the rezone of the site from Residential - 8 Dwelling Units per Acre (R-8) to Residential 4 Dwelling Units per Acre (R-4), revisions have occurred to stormwater regulations, fence/wall standards, landscaping standards, and tree retention standards. o Staff met with you and your engineer on August 4,2018 in order to provide you with three potential options for your consideration regarding a path forward for Wilson Park 1 and Wilson Park 2. It took an additional six months for CED to receive any form of formal application pursuing these options. The City signed an agreement with you on August 22,2018 extending the period of validity of abutting Wilson Park 1 to July 5,2019. In those negotiations,you asserted that Wilson Park I must be extended to follow the same timeline as Wilson Park 2 so that the two plats could proceed together. Now, you assert that Wilson Park 2 must be extended past Wilson Park l's July 5, 2019 expiration date. The repeated attempts to seesaw the two plats' expiration dates discredit arguments of good faith. 4 You visited City Hall requesting engineering information for Wilson Park 1 and 2 on September 14, 2018. The City sent you all the engineering files on September 17, 2018. Nevertheless, another six months went by before CED received a resubmittal. o CED representatives recently visited the site and witnessed first-hand that the plat remains unimproved. From their extensive experience in permitting and with this plat, CED representatives conclude that Wilson Park 2 would not be ready to record on July 5, 2020 even if granted a one-year extension. Based on the above, CED has determined that despite the additional two years of validity afforded the plat by the Legislature, you have not made a good faith attempt to construct the required utilities and infrastructure and to otherwise prepare to record the plat prior to its ,'7 4.71 1055 South Grady Way,Renton,WA 98057 rentonwa.gov Mr.Robert Wilson March 27,2019 , Page expiration. Granting a one-year extension is not warranted under RMC 4-7-080.L and would likely result in a year of wasted time and resources. Therefore,your request for an extension of Wilson Park 2 is denied. This decision to deny the requested extension is subject to a fourteen (14) day appeal period from the date of this letter per RMC 4-8-110. Any appeals of the administrative decision must be filed with the City Clerk, along with the required appeal fee, by 5:00 pm, April 10, 2019. Sincerely, `. 4. L 'i I C.F.. 'Chip' Vincent, Administrator CC: Jennifer Henning,Planning Director Vanessa Dolbee,Current Planning Manager Brianne Bannwarth,Development Engineering Manager Justin Johnson,Civil Engineer III f , 1055 South Grady Way,Renton,WA 98057 • rentonwa.gov 1r April 1, 2019 Mr. Chip Vincent Renton CED Administrator 1055 S. Grady Way Renton, WA 98057 CC: Ms. Jennifer Henning Planning Director Subject: Request for Reconsideration of Denial of Request for One-Year Extension of Period of Validity for Wilson Park 2 Preliminary Plat (LUA 12-013, PP, PUD) Reference: (1) Wilson Letter Requesting a One Year Extension of Period of Validity for Wilson Park 2 Preliminary Plat (LUA 12-013, PP, PUD), Dated January 30, 2019. (2) CED Denial of Request in Letter dated March 27, 2019 Dear Mr. Vincent, We are respectfully requesting a Reconsideration of the Decision to Deny our Request for Extension (Reference 1), as you state in Letter Dated March 27, 2019, (Reference 2). Based on our discussion in our meeting on April 1, 2019 at 9:00 am, among Bob Wilson, Steve Beck, Jennifer Henning and Chip Vincent, certain understanding was reached, namely: (1)The Wilsons' plan is to focus on gaining Final PUD approval for Wilson Park 2 only, and then sell the Wilson Park 2 property only. This decision was made in late 2018 as stated in our letter, Reference 1 above. (2)This also means that Wilson Park 2 and the original Wilson Park 1 (LUA 09-140, PP) will NOT be constructed together as one project as defined by Final Engineering Dated in 2014. Re-PC3) (3)This also means that current Wilson Park 1 Applications and Land Use Entitlements, due to expire on July 5, 2019, are withdrawn and cancelled now. Wilson Park 2 is the only focus for approval and offered for sale at this time. We have worked seriously with the City of Renton over the last 4-6 months to modify Wilson Park 2 to be a stand-alone development, as evidenced by the addition of a hammerhead turn-around, and to meet requirements for a final PUD approval. We are nearing the end of submittal requirements for the PUD. We request, and would greatly appreciate, a very timely final approval. We are anxious to offer the Wilson Park 2 PUD property for sale. We believe that Wilson Park 2 will be constructed by a developer/builder and recorded by July 5, 2020. Please reconsider your decision in your Reference (2) letter and grant a one-year extension of Period of Validity for Wilson Park 2 from July 5, 2019 to July 5, 2020. Thank you. Sincerely, v i Robert and Doravin Wilson fC ) • ' f y Denis Law Mayor +F` April 5, 2019 Community&Economic Development C.E."Chip"Vincent,Administrator Robert& Doravin Wilson 21730 60th Street East Lake Tapps, WA 98391 VIA Email: doravin@comcast.net RE: Response to Applicant's Request for Reconsideration Regarding Period of Validity for Wilson Park 2 Preliminary Plat and PUD (LUA 12-013, PP, PUD) Dear Mr. & Mrs. Wilson: We received and have considered your letter of April 1, 2019 requesting reconsideration of the City's decision denying your request to extend the validity of entitlements for the Wilson Park 2 preliminary plat and planned urban development. Your letter clarifies that you intend to withdraw and cancel Wilson Park 1, and focus solely on Wilson Park 2. The City's position regarding an extension for Wilson Park 2 remains unchanged and is based on all of the reasons stated in the City's March 27, 2019 denial. Granting a one-year extension is not warranted under RMC 4-7-080.L. Therefore,your request for reconsideration of the City's decision of March 27,2019 is denied. The decision to deny the requested extension remains subject to a fourteen(14)day appeal period that commenced on March 27, 2018, and will conclude at 5:00 pm on Wednesday,April 10,2019. Any appeals of the administrative decision must be filed with the City Clerk,along with the required appeal fee,by 5:00 pm,April 10,2019. Sincerely, r r C.E. 'Chip'Vincent,Administrator Cc: Jennifer Henning, Planning Director Vanessa Dolbee,Current Planning Manager Brianna Bannwarth, Development Engineering Manager Justin Johnson,Civil Engineer Ill 1055 South Grady Way,Renton,WA 98057• rentonwa.gov Ref ( ) Denis Law Mayor ! April 5,2019 Community&Economic Development C.E."Chip"Vincent,Administrator Robert& Doravin Wilson 21730 60`h Street East Lake Tapps,WA 98391 VIA Email: doravin@comcast.net RE: Extension of Appeal Period for Response to Request for Reconsideration for Wilson Park 2 Dear Mr.and Mrs.Wilson, Thank you for your telephone call today. The City is willing to extend the appeal period to allow you a full opportunity to respond to our administrative determination. Therefore, the decision to deny the requested extension to the Wilson Park 2 Plat and PUD is now subject to an appeal period concluding at 5:00 pm on Friday,April 19,2019. Any appeals of the administrative decision must be filed with the City Clerk, along with the required appeal fee, by 5:00 pm, April 19,2019. Sincerely, pp,JAA C.E. 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G ilit i I� Z h h I '7. ,8 u/ .I t I I ,9.9C art'° '6 I 0'8H I•i R I ,G f m �o I 01 1 _ 1 /' 1,.® _ /•( $ gl l / 9'lS , m ��PP P 1( 4 -0`6 ! :L20'9l1 4_ fit 14 M,ZYfI.I ,00'1.0Z, m' I D b`'-- i ; .0'0S / C11 ".0'09 .0'09% .0'CS I u ' ' I, s0 v'ON O I 6 . $ . $ ,s I r z ;a ? 'i ? I r t.0p C �1 , d ... y Mgg1c J _ � A `1 li � � { _ > ' P � - liix 3 a a aWZO .. t� © vas °yi `"� ,,,_, ,__ _, , , I W 3 sIA 1!1 V7 ar IV 4 9 `�IJI N 3 pba ]ICYd MM.\MTV X1 Yd NOCI9y SUE-OP-C PLANNING &DEVELOPMENT COMMITTEE APPROVED BY COMMITTEE REPORTDat August 20, 2018 Wilson Park 1 Appeal (August 6, 2018) 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. an Mclrvin, Chair Arm do Pavone, Vice Chair 41§,/,/z//t/?1_ / /Ai V 471,/ Carol Ann Witschi, Member cc: Jason Seth,City Clerk Vanessa Dolbee,Current Planning Manager Jennifer Henning,Planning Director ,+,,;z 04, Judith Subia,Administrative Assistant o' z Leslie Clark,Senior Assistant City Attorney + -rt *' Cindy Moya,City Clerk Specialist 4iv I c z 1055 South Grady Way,Renton,WA 98057 • rentonwa.gov 1ef (7) 1 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 and 16 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] Y.0, Renton City Attorney -1 ; 1055 South Grady Way Renton,WA 98057 '9EMIO°. Phone: 425.430.6480 Fax: 425.430.6498 (7) 1 2. Wilson Park 1 did not meet the RMC 4-7-080.L.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 i3 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 23 accordance with RMC 4-8-120.C, a Public Works Approval Letter confirming substantial 24 25 Wilson Park 1—Stipulation and Agreed Order[PROPOSED] „Is, 0, Renton Gty Attorney 2 1055 South Grady Way Renton,WA 98057 aFH:or Phone: 425.430.6480 Fax: 425.430.6498 gef(7) i 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 l74Aday 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 CITfOf RENTON 13 ,se e ck_ tad 14 Lesii ,WSBA No.36164. Senior Assistant City Attorney 15 16 Concurrence by: 17 Cree- C4cleC) -] 18 Ro Wilson 19 20 OL 21 Doravfn Wilson 22 li. 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] w. Renton City Attorney 3 mar 1055 South Grady Way 'PIA) Renton,WA 98057 • Phone: 425.430.6480 Fax: 425.430.6498 Ref (7) 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 ] day of August, 2018. 7 Stipulated and Agreed to by: 8 VAN NESS FELDMAN LLP c.\9 tt-clNeGt 10 Cark,WSBA No. 52255 11 Attorney for the Wilsons 12 ITYYOF RENTON 13 14 lie Clark,WSBA No. 36164 Senior Assistant City Attorney 15 16 Concurrence by: 17 \\( 18 Robe ilson 19 20 CreR WN(:)ce 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] t Renton City Attorney 3 1055 South Grady Way -'" + Renton,WA 98057 Phone: 425.430.6480 Fax: 425.430.6498 p-c-F. (-7) :2, 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. 6 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. 7 8 9 Ed Prince, 10 Council President 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] '0, Renton City Attorney 4 1055 South Grady Way } Renton,WA 98057 NYC'''. Phone: 425.430.6480 Fax: 425.430.6498 R e_f (r7) 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 I7t'Gday 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 CITY RENTON 13 ,fie ekcA-e O`er 14 Lesli Jack,WSBA No.36164 Senior Assistant City Attorney 15 16 Concurrence by: 17 C-�� -j 18 Ro Wilson C1`- 19 /^ ' 20 Doralvtn Wilson -J 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 o , 1055 South Grady Way 3 'E Renton,WA 98057 '$-: s' Phone: 425.430.6480 Fax: 425.430.6498 e I . 1 2 3 4 5 6 7 BEFORE THE HEARING EXAMINER 8 CITY OF RENTON 9 In the Matter of the"Request for One-Year Extension Pursuant to Renton Municipal 10 Code 4-7-080(L)(1)"submitted by Robert and Doravin Wilson: DECLARATION OF HANS KORVE 11 Wilson Park 2 Preliminary Plat LUA 12- 12 013, PP,PUD, 10 Lots 13 14 15 I, Hans Korve, declare and state as follows: 16 1. I am over eighteen years of age, have personal knowledge of the matters 17 herein, and am competent to testify regarding all matters set forth herein. 18 2. I am a Planning and Urban Design Principal with DMP Inc. ("DMP"), an 19 engineering and land planning firm. I have over 20 years of experience in commercial and 20 21 residential planning and project management, and I have worked in both the public and 22 private sector. I have a master's degree in urban planning and design and a master's 23 certificate in project management from the University of Washington. 24 25 DECLARATION OF HANS KORVE- 1 e ) 1 3. DMP first began working with the Wilsons in September 2018, shortly 2 after the resignation of the Wilsons' original engineer, Darrell Offe, who had worked on 3 the preliminaryplat and planned unit development ("PUD") approval and had prepared 4 the final approved engineering drawings for Wilson Park 1 and 2. 5 4. As set forth below, I disagree with the City of Renton's claim that the 6 7 Wilsons have not made a good faith attempt to work toward a final plat. Since September 8 2018, we have worked continuously on revising plans and construction drawings, and we 9 have been communicating with the City and providing updated plans and information on a 10 frequent,regular basis. The following is a summary of our efforts on this project. 11 5. On October 8, 2018, my team and I met with the City of Renton to discuss 12 turnaround options for Wilson Park 1 and 2. Before resigning, Mr. Offe had prepared 13 14 plans showing a new, simplified design for Wilson Park 1 and a revised cul de sac layout 15 for the plats, and we discussed these plans with the City. Attached hereto as Exhibit A is a 16 true and correct copy of the revised plans prepared by Mr. Offe. 17 6. During this meeting,there was no discussion of a final PUD submittal. 18 7. Ten days later, on October 18, we again met with the City to discuss the 19 redesign layout. During this meeting, the City informed us that a "hammerhead" 20 turnaround layout was the only option that the City would accept. The City stated that the 21 "cul-de-sac"would take up too much space in the area of Wilson Park 1 zoned as R-1. 23 8. Following these meetings with the City, DMP and the Wilsons discussed 24 the options, and we reached the decision to abandon the redesign of Wilson Park 1, and 25 DECLARATION OF HANS KORVE-2 1 focus solely on redesigning Wilson Park 2 as a standalone project incorporating a 2 hammerhead turnaround. 3 9. On or around December 14, 2018, we submitted a prelimin ary ary redesign to 4 the City, reflecting the City's request for a hammerhead layout. Attached hereto as 5 Exhibit B is a true and correct copy of the preliminary redesign. 6 7 10. On January 9, 2019, the City sent a letter with comments on the redesign. 8 For the first time, the City's letter informed us that a final PUD submittal would also be 9 required with the redesign submittal. Attached hereto as Exhibit C is a true and correct 10 copy of the City's letter. 11 11. On January 15, Mr. Wilson requested a meeting with the City to discuss 12 the City's comments. On January 25, the City provided DMP with the requirements for a 13 14 final PUD submittal, because although the final PUD submittal requirements had been 15 recently updated,the City's forms had not been updated. 16 12. On January 28, the City's engineer provided clarification regarding curb 17 placement for off-site road improvements. 18 13. On February 5, DMP requested clarification on what elements of the final 19 PUD submittal could be waived or deferred. On February 7, the City provided a letter 20 waiving certain PUD requirements. 21 14. On February 7, the City provided DMP the Wilson Park 2 project files to 23 determine whether an arborist report had been completed. We informed the City that we 24 did not find an arborist report, and the City informed DMP that an arborist report would 25 DECLARATION OF HANS KORVE-3 1 be required. On February 18, the Wilsons retained an arborist, Daniel Maple, and Mr. 2 Maple contacted the City to discuss the scope of the report. 3 15. On February 27, Mr. Maple completed an arborist report, and on March 8, 4 provided an updated report responding to the City's comments. 5 16. On March 19, we informed the City that the final PUD was ready for 6 7 submission. The City informed us that the City was assigning a new planner to review our 8 submissions, and that a fee and application package for a new Civil Construction Permit 9 would be required. 10 17. On March 22,the City's reviewing engineer informed us that we would not 11 be required to submit a fee or application for a new Civil Construction Permit, and that the 12 City would accept a revised application. 13 14 18. On March 25, we submitted the revised application for the Civil 15 Construction Permit. Attached hereto as Exhibit D is a true and correct copy of the 16 revised plans that we submitted. 17 19. During a brief meeting with the City's planning manager that day, we were 18 informed that the final PUD submittal packet could be simple and could utilize much from 19 the Civil Construction Permit packet. The City also informed us that a prescreening 20 meeting would be required before we could submit the final PUD submittal. 21 22 20. The next day, on March 26, DMP sent all items the City had requested for 23 the prescreening meeting, except for an updated title report, which was ordered and 24 provided on March 29. 25 DECLARATION OF HANS KORVE-4 efr8) 1 21. On March 29, the City provided prescreening comments, and on April 1, 2 the City provided clarification to some comments at DMP's request. 22. Since then, DMP has been continuously communicating with and 4 providing updates to the City. For example, on April 11, the City provided comments on 5 our revised submittal items, and the DMP responded to those comments on April 15. 6 7 DMP also provided a revised landscape plan, arborist report and a response letter for 8 prescreening review. 9 23. Based on our experience, my team and I believe if the Wilson Park 2 10 approval period is extended by one year, to July 5, 2020, it is possible to record the final 11 plat in time, assuming a reasonable approval time frame and assuming there are no major 12 issues discovered in the field. The hammerhead redesign is not significant or complicated. 13 14 I declare under the penalty of perjury under the laws of the State of Washington 15 that the foregoing is true and correct. 16 DATED this 18 day of April,2019. 17 18 Hairs orve, Declarant 19 20 21 22 23 24 25 DECLARATION OF HANS KORVE-5 WILSON PARK&WILSON PARK 2 I #U13-005662 0 ----L. 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Henning [mailto:Jhenninq@Rentonwa.gov] Sent: Thursday,January 10, 2019 12:06 PM To: 'Hans Korve' Cc: Chip Vincent; Vanessa Dolbee; Brianne Bannwarth; Justin T. Johnson Subject: RE: Comment Letter Hello Hans, Our comments reflect those items that would have been addressed and required as a result of the Final PUD review. As we know time is of the essence, we wanted to share these observations with you at this time, so that the plans could be adjusted prior to submittal of the revisions to the engineering drawings and the Final PUD. The plans as reviewed reflect the applicable conditions of the Hearing Examiner decision for the Plat and PUD, in addition to the standards of the R-8 Zoning. The shared driveways are with regard to a condition of the R-8 Zone that requires alley access for the individual lots. When alleys are not to be configured, our standard practice has been to require shared driveways to reduce the number of curb cuts,and we have required that the garages be located at the back of the lot, either attached to the home or detached. City Code prohibits disturbance or creation of Protected Slopes(40%or greater). We want to make sure that this was addressed at this time. The PUD regulations (RMC 4-9-150) requires that the PUD preserve and protect natural features of the land;the project must show innovation and creativity in residential developments. Deviations must be superior to traditional development under standard regulations. I hope this answers your immediate questions. From: Hans Korve [mailto:hans@dmp-inc.us] Sent:Wednesday,January 09, 2019 2:17 PM To:Jennifer T. Henning<Jhenning@Rentonwa.gov> Subject: RE:Comment Letter Importance: High Hi- I took a quick look a the letter and I have a few questions. Based on our meeting and my understanding of the project, we were updating the plans to accommodate the new hammerhead. The remainder of the plan set was approved. Is this not correct ? Some comments like the relocation of driveways have nothing to do with the revisions related to the hammerhead and have never been part of the approved project to the best of my knowledge.The same is true for the comments related to sheet 3 and protected slopes.The offe sheets were approved and we were not tasked with altering them outside of the new hammerhead. The same applies to several other comments. 18-350 PROJECT N tO1L50N PARK/2 U13-005662 s S\Allr,�fa 0 ♦F., 1,A (Elim, ° u Lm�� 1 in il ill ' _ D4 rg 0 rn 1011 z yry f(y5/�7 Is fA 1 4 ® \ TN.ROT RMD SOUTH r IPi z 111 iiihni C Y-r' i / in w lialin8 V IUf105 3�`/ld 41gg 2 i ! s r 111 cn �, ^ 102nE AYEhVE 5E 0 :.7 illi G D III m n N 82 Q!1 4 W. 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