HomeMy WebLinkAboutWilson Park 1, Request for Extension of Plat Expiration1
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PLAT EXTENSION REQUEST - 1
BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: Wilson Park 1
Request for Extension of Plat
Expiration
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FINAL DECISION
Robert and Doravin Wilson have requested extension of the August 16, 2018 preliminary
plat approval expiration date for the Wilson Park 1 subdivision to July 5, 2019. The request is
denied. However, preliminary plat expiration is extended to November 16, 2018 to account for the
uncertainties attributable to the decision-making process in addressing this extension request.
The Wilsons first submitted their request for extension by letter dated May 3, 2018. The
City filed a response dated May 22, 2018 in which the City requested denial of the extension
request. The Wilsons submitted a reply dated June 7, 2018.
Requests to extend the expiration of preliminary plat approvals are governed by RMC 4 -7-
080(L)(2), which authorizes extensions by the hearing examiner to approve up to one year
extensions “…if the applicant can show need caused by unusual circumstances or situations which
make it unduly burdensome to file the final plat…” The standard five year expiration period was
extended by the state legislature an additional two years in recognition of the Great Recession that
occurred in 2008. The Wilsons have also already acquired an administratively approved one-year
extension authorized by RMC 4-7-080(L)(1). The currently proposed extension would extend the
expiration period from eight years to nine years. Wilson Park 1 acquired preliminary plat approval
in August, 2010.
The Wilsons raise some good unusual circumstances that occurred in the first few years of
the proposal. Most notably, access to Wilson Park 1 was across adjoining property that went into
foreclosure. To maintain their access rights, the Wilsons ultimately purchased the adjoining
property and then developed it into a second subdivision, Wilson Park 2. In addition to delays
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PLAT EXTENSION REQUEST - 2
caused by the foreclosure, additional delay can be attributable to coordinating development between
Wilson Park 1 and 2.
The foreclosure and coordinated development issues certainly qualify as unusual
circumstances, but the record does not establish a need to go beyond the additional time created by
the state legislative expansion of the expiration period from five to seven years and the additional
one-year extension already approved. The timeline in the Wilson’s May 3, 2018 request for
extension shows that most of the problems caused by the foreclosure and need to coordinate
development were resolved by December, 2014, by which time final engineering design had been
approved by both the City of Renton and Soos Creek Water District. Beyond December, 2014,
there isn’t much in the record to explain why it’s taken an additional three and a half years for the
Wilsons to acquire final plat approval. Some declarations in the Wilson reply identify undated
issues regarding stormwater design, but these do not appear significant enough to justify another 3.5
years of delay. The additional two years granted by the legislature was intended to address delays
created by the Great Recession, which likely encompasses the problems the Wilsons incurred due to
the foreclosure of the adjoining property. Problems in marketing the property are not a sufficient
justification for further extension, since the Wilsons always had the alternative to develop the
property as required for final plat approval, notwithstanding any financial obstacles to this objective.
In assessing whether the obstacles faced by the Wilsons makes it “unduly burdensome” to
meet final plat deadlines, it is appropriate to consider the public detriment in authorizing the
extension. In their May 22, 2018 response the City identified numerous code revisions that have
occurred since Wilson Park 1 was approved, including amendments to retaining wall standards that
was a matter of considerable public concern in part due to the Wilson subdivisions. Given these
public impacts, it is not considered unduly burdensome to the Wilsons to deny the request.
It is recognized that the Wilsons development plans may have been put on hold to a certain
extent as they waited for a decision on their extension request. To mitigate against this impact to
the Wilsons, the Wilson Park 1 preliminary plat expiration is extended to November 16, 2018.
DATED this 27th day of June, 2018.
City of Renton Hearing Examiner
Appeal Right and Valuation Notices
The RMC does not identify whether a hearing examiner decision on plat expiration requests is
appealable to the City Council. If the Wilsons wish to appeal, they should consult with their
attorney and the City’s Planning Department to ascertain their appeal rights. In the absence of
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PLAT EXTENSION REQUEST - 3
clear appeal rights, a common strategy is to appeal both administratively (in this case the City
Council) and judicially (under the Land Use Petition Act, Chapter 36.70C RCW). City Council
appeals must be filed within 14 days of the issuance of this decision and judicial appeals must be
filed within 21 days of the issuance of this decision. A request for reconsideration to the hearing
examiner may also be filed as outlined in RMC 4-8-100(I).
Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.