HomeMy WebLinkAbout07/02/2018 - City's Limited Request for Reconsideration - WilsonCITY OF RENTON
JUL 0 2 2018
1 RECEIVED
CITY CLERKS OFFICE
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7 BEFORE THE HEARING EXAMINER OF THE CITY OF RENTON
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RE: Wilson Park I City of Renton's Limited Motion for
Reconsideration
10 Request for Extension of Plat
Expiration
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The City of Renton (the "City") respectfully submits this limited motion for
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reconsideration of the Hearing Examiner's June 27, 2018 Final Decision (the "Decision") on the
Wilson Park I subdivision's request for extension of preliminary plat expiration.
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Scope of Motion
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The City agrees with the Decision's analysis supporting the denial of the request to
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extend the Wilson Park I expiration date. In this limited motion for reconsideration, the City
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challenges only the Decision's grant of a three-month plat extension (to November 16, 2018)
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that the Decision made "to account for the uncertainties attributable to the decision-making
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process in addressing this extension request." Decision at 1:15-16. For the reasons discussed
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below, the City respectfully requests that the Hearing Examiner reconsider the Decision and
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issue a modified decision that (1) denies the extension request in full and (2) retains the August
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16, 2018 preliminary plat approval expiration date for Wilson Park I.
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Wilson Park I Renton City Attorney
1055 South Grady WayCity's Motion for Reconsideration-1
Renton,WA 98057
Phone: 425.430.6480
Fax: 425.430.6498
1 Discussion
2 The Renton Municipal Code ("RMC") provides that the Hearing Examiner may only grant
3 additional plat extensions if the requestor satisfies strict criteria. Specifically, the requestor
4 must show that "unusual circumstances or situations" caused it to be "unduly burdensome" to
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proceed without an additional extension. RMC 4-7-080.L.2. These criteria apply to any and
every additional extension, including the three-month extension given in the Decision here.
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However, here, the Decision's analysis explains that the requestors (the Wilsons) did not satisfy
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the applicable code criteria. In other words, the Decision itself does not support its own three-
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month extension and is, thus, in conflict with RMC 4-7-080.L.2.
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Nor could the Wilsons reasonably argue now that the Decision's three-month extension
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satisfies RMC 4-7-080.L.2's criteria for showings of"unusual circumstances or situations" and
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undue burden." First, there was no undue delay or burden in the processing of the Wilsons'
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request for extension. They submitted their request on May 3, 2018, and the Decision issued
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on June 27, 2018, 50 days before the plat expiration date of August 16, 2018. Meanwhile, the
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code allows a requestor to wait until just 30 days before plat expiration to even submit a
15 request for an additional extension. RMC 4-7-080.L.W (request for additional extension must
16 "be filed at least thirty (30) days prior to the plat expiration date"). Here, the decision on the
17 Wilsons' request was issued 50 days before plat expiration. The Wilsons received the Decision
18 20 days before they were even required to submit their request. There was no "unusual
19 circumstance or situation" causing "undue burden."
20 Next, there was no evidence before the Hearing Examiner that the Wilsons suspended
21 their plat-related activities after submitting their request for the additional plat extension,
22 which the Decision's three-month extension appears to assume. In fact, the City's Community
Economic Development department ("CED") recently received inquiries from potential
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buyers of the plat, suggesting that marketing of the plat continued. Even if the Wilsons had
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Wilson Park I Renton City Attorney
City's Motion for Reconsideration-2 1055 South Grady Way
iTS, Renton,WA 98057
Phone: 425.430.6480
Fax: 425.430.6498
1 suspended their plat-related activities while waiting for the Decision, such suspension would
2 not have been reasonable. Nothing in the code authorizes a "tolling" of the expiration date
3 pending the outcome of a request for plat extension. Without such a provision, in CED's
4 experience, it is routine that a plat's interested parties (i.e., both applicants and the local
5 government) rely on the specified plat expiration date unless and until that date is actually
extended.
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Finally, the unsupported three-month extension could allow the very consequences that7
compelled the City to urge denial of the extension request in the first place. For example within8
the three-month period, extensive site clearing and mass grading could commence resulting in9
tree removal, as well as construction of retaining walls, all of which would not be permitted
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under current code.
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In sum, because the Decision's three-month extension violates the criteria of RMC 4-7-
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080.L.2 and could have significant negative consequences to the City, the City respectfully
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requests that the Hearing Examiner issue a modified decision that (1) denies the extension
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request in full and (2) retains the August 16, 2018 preliminary plat approval expiration date for
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16 Respectfully submitted this!1 day of July, 2018.
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e ,
C. E. "Chip" Vincent
19 Administrator
Community & Economic Department
20 City of Renton
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1 Even if the Hearing Examiner disagrees with the City's analysis and denies this limited motion for
24 reconsideration,the City urges the Hearing Examiner to not add additional time to the plat expiration as
a consequence of the time taken to decide this motion.
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Wilson Park I Renton City Attorney
City's Motion for Reconsideration-3 w 1055 South Grady Way
Renton,WA 98057
Phone: 425.430.6480
Fax: 425.430.6498