HomeMy WebLinkAboutHEX recon ltr �
Denis Law Mayor
�
City Clerk-Jason A.Seth,CMC
June 8, 2017
Jamie Schroeder
CPH Consuitants
11431 Willows Rd NE, 120
Redmond, WA 98052
Subject: Hearing Examiner's Order Authorizing Reconsideration
RE: Meadow Vue Preliminary Plat, LUA-17-000106
Dear Mr. Schroeder:
Attached is the City of Renton's Hearing Examiner's Order Authorizing Reconsideration
dated June 8, 2017, along with the Motion for Reconsideration submitted by SSHI, LLC
dba DR Horton dated June 5, 2017. .
If you have any further questions, you can email Jason Seth, City Clerk, at (425) 430-
6510 or jseth@rentonwa.gov.
Sincerely,
� ��
Jason A. Seth, CMC
City Clerk
cc: Hearing Examiner
Alex Morganroth,Associate Planner
Jennifer Henning, Planning Director
Vanessa Dolbee, Current Planning Manager
Clark Close,Senior Planner
Brianne Bannwarth, Development Engineering Manager
Craig Burnell, Building Official
Jennifer Cisneros,Secretary, Planning Division
Julia Medzegian,City Council Liaison
Parties of Record(16)
1055 South Grady Way,Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov
1
2 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
3 )
RE: MeadowVue Preliminary Plat )
4 ) ORDER AUTHORIZING
) RECONSIDERATION
5 )
LUA 17-000106 �
6 )
)
7 )
g The Applicant has requested reconsideration of the Hearing Examiner's decision on the above-
9 captioned matter. Since the reconsideration request affects the City, the City will be given an
opportunity to respond to the request for reconsideration before a decision on the reconsideration
10 reyuest is issued. Any responses must be based upon evidence that is already in the record. No
evidence that has not been recorded at the hearing or entered as an exhibit at the hearing will be
I 1 considered in the reconsideration reyuest.
12 ORDER ON RECONSIDERATION
13
1. The City shall have until 5:00 pm, June 16, 2017 to provide written comments in response to the
14 request for reconsideration submitted by the Applicant, dated June 5, 2017.
15 . The Applicant shall have until June 23, 2017 at 5:00 pm to provide a written reply to the responses
16 authorized in the preceding paragraph.
17 3. All written comments authorized above may be emailed to the Examiner at
Emily@soundmunicipal.com and Alex Morganroth at 1�1t�r•����r��-��tl� i��e«�t���a���3,����o,. In the
1 g alternative, written comments may be mailed or delivered to Hearing Examiner, c/o City Clerk
19 Office, at 1055 South Grady Way, Renton, WA 98057. Mailed or delivered comments must be
received by the City by the deadlines specified in this Order.
20
21 DATED this 8th day of June, 2017.
22
23 c _
��`� �.tz.�,�e,l,'�
24
Emily Terrell
25 City of Renton Hearing Examiner Pro Tem
26
Reconsideration - 1
CITY OF RENTON
� � '� �:Il�m
�uN o s 2at7 ��
RECEivEo
CITY CLERK'S OFFICE
1
2 c�����J�o�- b.�
��-�-r�`k. ��.-��,,,—�€
� 2_ l�-�,
3
4
5
6 SEFORE THE HEARING EXAMINER FOR THE C1TY OF RENTON
7
g ln re: Meadc�t�rVue NO. I,UA 17-000106, �I'T. PP,MOD
9
Yreliminary Plat , MU�I�ION FOR RF,CONSID�RATfON
y
l� l,[JA1 7-000 1 06, L'PT�, P�', MOT)
11
12 CnMES NOVI� SSHL I,LC, dba DR llorion ("UR Horton") hereby submits this
13 moticm f��r reconsideration of the Final llecision of� the Hearing �xaminer c�f the City of
14 Renton, datcd May 2i, 2017, and pursuant to Renton Municipal Codc 4-8-1 10(F)(8) and 4-8-
�5 100(G){5) and (9).
16 'I'hi5 reconsideration is based on what DR Hortcm believes to bc an error of law in the
17 decision ��hich unnecessarily and inadvertently restricts the llepartmcnt's review authority
1 g under Renton Code.
I9 Under RMC 4-4-070(E}, all landscaping plans are reviewed and approved by thc
�� Comrnunity and F,conomic Devcic�pment Administrator. Fcar this particular project and in
21 particular related to the storn� drainage facifity, the landscaping requirements provide that
22 there be a minimum fifteen i�ot (15') wide strip �utside tlie facility f'ence `'unless othertivisc
23 detennined through ihe site plan 1•evie�� or subdivision review process." RMC 4-4-
24 070(I�)(6). Undcr RMC 4-4-07U, the decision-making authority for v�-hen to deviate fi•o�n the
25 generally presumed I S' strip lies �lith the Department Administrator. That decision may be
1140T10,�'Ft)k REC'O.�t/p/;/;,�770;�' P:�GL 1 JOHNS MOVRQE MITSIINAG,4 KOLOL'SKOVA I'LLC
ATTORNEYS AT LAW
1 1201 S.E. 8'h St., Suitc 120
I3cllcvue, �tJashin;ton 98004
TeL• (42�)451 28I2;'Fax: (425)451 2818
1 made at any time during the subdivision review process, i.e. including during site specific
2 engineering. From a practical standpoint, that is logical and reasonable as the site
3 engineering and construction plan process involves the final and detailed landscaping plans.
4 It may be that there is good reason to de��iate from the 15' presumpti�n upon final
5 engineering. In addition, Renton Code does not specify that the landscape area be within the
b storm tract; instead Code provides the area be outside the facility fence. In sum, Renton
� Code's reservation of such authority to the Departtnent Administrator is appropriate and
g should not be restricted hy the preliminary plat dccision.
y Based on tl�is analysis, UR Horton respectlully requests that the Heariii� Examincr
�� reconsider Condition 4 and revise such condition in the foltowing manner
11 (Strikethrough/underline i'ormat):
12
13 4- The applicant shall pro��idc a i=f���� ��+ �� �'� landscaped area around the
entire detention pond �-n-t�,� c*„�--- "►•� + pursuant to 4-4-U70(6)(c). A final
�4 detailed landscapc plan consistent with R�IC 4-8-120 shall be submitted to
and a}�proved by the City of Renton Pr�ject Managcr prior lo issuance of a
�S construction p�rmit.
16
l� RF.SPEC1'I�ULLY StJBMI'1"I'G[) this s�day of ��-_ ___ �_, 2017.
1� .fOHNS MONROL MITSt1NAGA &
KOLOUSKOVA, f'I,I.,C
19
20 1 �
By _
21 �uana � . olou�knva, WSBA #275_
�4�t rneys for SSI-iI, LLC:, dba
22 DR I�orton
23
24
�922-3 Motion for Rec��nsideration 06-OS-17
2S
Morinn�FVRRec,0:1`57UER:9TIOA'—P.�Gb'2 JOHNS MniVROE ;1'IITSUNAC.a KoC,oushov.d PLLC
ATTORNF. YS AT LAW
1 1201 S.E. 8`" St.. Suite 120
l3elicvuc, Washin�ton 9R00�3
Tel:(425)45l ?812/ Fax: (425)451 2818