Loading...
HomeMy WebLinkAbout06/27/2018 - Hearing Examiner Olbrechts' Final Decision1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PLAT EXTENSION REQUEST - 1 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Wilson Park 1 Request for Extension of Plat Expiration ) ) ) ) ) ) ) ) ) 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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.