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Denis Law Mayor
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City Clerk-Jason A.Seth,CMC
June 23, 2017
Jamie Schroeder
CPH Consultants
11431 Willows Rd NE, 120
Redmond, WA 98052
Subject: HEX's Order on Request for Reconsideration
RE: Meadow Vue Preliminary Plat, LUA-17-000106
Dear Mr. Schroeder:
Attached is the Hearing Examiner's Order on Request for Reconsideration.
tf 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
lulia 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 Emily Terrell, Hearing Examiner Pro Tem
4
5 RE: MeadowVue ORDER ON REQUEST FOR
RECONSIDERATION
6 Preliminary Plat
LUA 17-000106, ECF, PP, Requestor: DR Horton Homes, Applicant
7 MOD
8
9
INTRODUCTION
_ 10
DR Horton received Preliminary Plat approval from the City of Renton on May 23, 2017 for a 14-lot
11 subdivision. On June 6, 2017, the applicant filed a Request for Reconsideration toward modification
of Condition of Approval #4. The applicant argued the examiner had made an error of law in her
1� interpretation of RMC 4-4-070(H)(6)with respect to the decision-making authority and timing related
13 to application of RMC 4-4-070(E). The applicant argued the examiner had gone beyond her authority
in prescribing the size and location of the reyuired perimeter landscaping surrounding the proposed
14 stormwater facility. Specifically, the applicant argued that authority rests with the Community and
Economic Development Administrator(RMC 4-4-070(E)) and is subject to modification under RMC
15 4-4-070(H)(6)(c) at any time, including during the site-specific engineering review. The applicant
16 requested modification to Condition of Approval #4 to eliminate reference to the size and location of
the required landscaped area and the addition of a reference to RMC 4-4-070(6)(c).
17
On June 14,2017,the City sent a response to the Order on Reconsideration. The City stated they were
1 g amenable to the reyuested modification of Condition of Approval #4 though they wished to correct
the reference to the applicable section, RMC 4-4-070(H)(6)(c). The City also argued that the
19 applicant's interpretation of RMC 4-4-070 and RMC 4-7-080 were incorrect. The City argued under
20 the applicant's interpretation, significant changes to the landscaping plans could occur during
construction plan review rather than during the subdivision review process. If that were the case,
21 significant changes could create impacts to adjacent properties without the benefit of an opportunity
for public comment. The City further noted striking the language "fifteen-foot (15')" from the
22 condition does not change the minimum width of the required storm tract landscape buffer pursuant
to RMC 4-4-070(H)(6)(c). However,the City had no objection to the amended code language as these
23 changes do not change the process in which a buffer reduction can be approved and instead simply
24 reflect the existing code.
25 One June 20, 2017, the applicant responded to concur with City staff's position.
26
Reconsideration - 1
1 ORDER ON RECONSIDERATION
2 As both the applicant and City staff are amenable to the proposed modification, as the
3 modification does not change the required location or dimensions of the required storm drainage
perimeter landscaping, and as the requested language does not modify the process by which a
4 buffer reduction can be approved,the Examiner approves the applicant's request. Based on the
above, the Examiner hereby modifies Condition of Approval #4 of the May 23, 2017
5 preliminary plat decision as follows:
6 4. The a licant shall rovide a �•�Ta '
pp p et�-� landscaped area around the entire
� detention pond �� *'�� c*��� T���* pursuant to RMC 4-4-070(H)(6)(c). A final detailed
landscape plan consistent with RMC 4-8-120 shall be submitted to and approved by the
g City of Renton Project Manager prior to issuance of a construction permit.
9
10 DATED this 22nd day of June, 2017.
11
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12 �v�.�,..Q �..k..�c.R..�-�
13 Emily Terr 11
City of Renton Hearing Examiner Pro Tem
14
15 Appeal Right and Valuation Notices
16 �C 4-8-110(E)(9)provides that the final decision of the hearing examiner is subject to appeal to
the Renton City Council. RMC 4-8-I 10(E)(9)requires appeals of the hearing examiner's decision
17 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
ig period as identified in RMC 4-8-110(E)(8) and RMC 4-8-100(G)(4). A new fourteen (14) day
19 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
20 floor, (425) 430-6510.
21 Affected property owners may request a change in valuation for property tax purposes
22 notwithstanding any program of revaluation.
23
24
25
26
Reconsideration - 2