Loading...
HomeMy WebLinkAboutHalverson ltr3 Denis Law CltY Of Mayor � `�S �j � �, 1> � � ♦ � '.�- ♦ ♦ r �+I�,�,.``l. City Clerk -Jason A.Seth,CMC September 13, 2016 Ivana Halvorsen Barghausen Consulting Engineers, Inc. 18215 72"d AV S Kent, WA 98032 Subject: Request for Reconsideration Objection & HEX's First Order on Request for Reconsideration for Elliott Farms Preliminary Plat (LUA-15-000242) Dear Ms. Halversen: I have attached the following: 1) Request for Reconsideration Objection filed by Jami Balint of Murray Franklyn, dated September 12, 2016; and 2) Hearing Examiner's First Order on Request for Reconsideration, dated September 13, 2016. If I can provide further information, please feel free to contact me or Clark Close, Senior Planner at (425) 430-7289. � Sincerely, , . � � �� l v � ��� Meg�n Gregor, CMC � D�e ut Cit Clerk p Y Y cc: Hearing Examiner Clark Close, Senior Planner Jennifer Henning, Planning Director Vanessa Dolbee, Current Planning Manager Brianne Bannwarth, Development Engineering Manager Craig Burnell, Building Official Sabrina Mirante,Secretary, Planning Division Julia Medzegian, City Council Liaison Parties of Record (12) 1055 South Grady Way• Renton,Washington 98057 • (425)430-6510/Fax(425)430-6516• rentonwa.gov r r � � � September 12,2016 Mr. Phil Olbrechts Hearing Examiner City of Renton 1055 South Grady Way Renton,WA 98057 Re: Request for Reconsideration for Elliott Farms Preliminary Plat LUA—15—000242 Dear Mr.Olbrechts, I am in receipt of the Request for Reconsideration filed by Leland and Joanne Gregory in the above- referenced matter. On behalf of the Applicant, I'm writing to object to the Request far Reconsideration as an improper attempt to re-open the record. Though present at the hearing,the Leland's did not testify,nor did they provide written comment,and they are now attempting to improperly use the process for reconsideration to do what the��failed to do when the record was open. The Leland's request contains information and arguments that are not part of the record,and there is no reason to believe such information was not available to the Lelands had they desired to submit it prior to the close of the record. A request for reconsideration cannot be used to submit new eti idence; rather, a party requesting reconsideration has only limited grounds for mak'rng such request as set forth in Renton Municipal Code section 4-8-100.G.9, namely that the Hearing E�miner's decision is based on an erroneous proeedure, errors of law or fact,error in j udgment,or the disco�-ery of new evidence which could not be reasonably a�ailable at the priar hearing. The Leland's request for reconsideration does not fit into any t 44�0 of the categories set forth in RMC 4-8-100.G.9, and as such should be denied. Allowing the I,elands to submit new information and arguments after the close of the record violates the procedures established Bel-Red Road by the City of Renton for preliminary plat applications,and will substantially prejudice the applicant. Beilevue, ��.j'�eCt�lllly� ' t��� ��'�. ' .... Washington ° J�� , " ,f.' a.. `� . Jam��alint 9aoo; General Counset 425.644.2323 CC: fa��425.E43.3475 Clark Close, Senior Planner Vanessa Dolbee, Current Planning Manager hr.p:l�www.murrayfranklyn.com 1 2 3 4 5 6 7 8 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON 9 ) RE: Elliott Farms ) 10 ) FIRST ORDER ON REQUEST FOR 11 Preliminary Plat ) �CONSIDERATION LUA 15-000242, ECF, PP, SA-H, MOD� 12 ) ) 13 ) 14 WHEREAS, Leland and Joanne Gregory submitted a request for reconsideration dated 15 August 25, 2016 and received by the City on September 7, 2016, and 16 WHEREAS, Jami Balint, applicant's attorney, submitted an objection to the request for reconsideration dated September 12, 2016,NOW, THEREFORE, 17 Findings: 18 19 1. The Gregory Request for reconsideration is based upon several assertions of fact that do not appear to be contained within the administrative record. These factual 20 � assertions include comments that address drainage onto the Gregory property, a � photograph not admitted into evidence, the location of the Gregory's septic drain 21 field, and a city approved channelization plan. 22 Conclusions: 23 l. All requests for reconsideration must be limited to evidence that was admitted into 24 the administrative record. New evidence cannot be considered except under very limited circumstances. RCW 36.70B.050(2) provides that city and county land use 25 permit review procedures can only authorize one open record hearing per project 26 permit application or consolidated project permit application. The purpose of this requirement is to provide for a more efficient permitting system by preventing RECONSIERATION - 1 1 decision makers from holding one new hearing after another ad infinitum as new factual issues occur and also to prevent public confusion about when to participate in 2 an on-going series of public hearings. See RCW 36.70B.010. For these reasons, once 3 a hearing is closed, any new evidence would be considered a prohibited second hearing. RMC 4-8-100(G)(9) recognizes this limitation by noting that 4 reconsideration may be based upon "the discovery of new evidence which could not be reasonably available at the prior hearing". There is nothing to suggest that any of 5 the new evidence included in the Gregory request for reconsideration was not reasonably available to them at the time of the hearing. The new evidence included in 6 the Gregory reyuest for reconsideration was not timely provided prior to the close of � the hearing and cannot be considered at this time. g 2. Jami Balint argues in the September 12, 2016 objection that the Gregory's don't have standing to file for reconsideration because they did not provide verbal or written 9 comment on the application prior to the close of the hearing. RMC 4-8-100(G)(9) 10 authorizes "[aJny interested person" to file for reconsideration. This is in stark contrast to provisions such as RMC 4-8-110(E)(3) that expressly limit standing in 11 various types of land use actions to parties who have participated in a prior land use proceeding. Given the broad and plain meaning of "[aJny interested person", it is 12 concluded that the Gregory's can file a motion for reconsideration even though they may not have provided written or verbal comment prior to the close of the hearing. 13 14 3. Although the Gregory's request for reconsideration is largely based upon new evidence, it is recognized that the City's regulations do not clearly restrict new 15 evidence in a motion for reconsideration. Some allowances must be made for the fact that local land use hearings need to be accessible to the general public and that the 16 general public cannot be reasonably expected to have a detailed understanding of Chapter 36.70B in order to effectively participate. In this regard the Gregory's will 1� be given another opportunity to revise their request for reconsideration to limit it to 1 g evidence admitted into the record. It is recognized that this is likely not possible for their stormwater and septic system arguments, but they may be able to appropriately 19 express their traffic concerns based upon the maps and traffic analysis contained in the record. 20 21 Based upon the findings and conclusions above, it is NOW ORDERED as follows: 22 1. The Gregory's may submit a revised request for reconsideration by 5:00 pm, 23 September 19, 2016. The revised request must be received by the Renton City Clerk's office by that deadline. The request may be sent by email to 24 ('1,ltna u [Zc:nic>n��ti.tTuti. If the Gregory's choose to not submit a revised request for reconsideration that conforms to this order, their currently filed request shall be 25 denied forthwith by a second written order of the examiner. 26 RECONSIERATION - 2 1 2. Any evidence used in the Gregory's motion for reconsideration must be based upon evidence admitted into the administrative record. All exhibits used must be clearly 2 identified by page and exhibit number. Any testimony relied upon must be clearly 3 attributed to the speaker. No evidence will be considered by the examiner unless its source is clearly identified as required by this paragraph. 4 3. Upon receipt of a timely filed revised request for reconsideration that conforms to the 5 terms of this order, the examiner shall forward the request to the City and Applicant for response and give the Gregory's an opportunity for reply. 6 � DATED this 13th day of September, 2016. g �..�-�.�..�'� �''._. .' 9 Wu`f A.Ulbrechts 10 City of Renton Hearing Examiner 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RECONSIERATION - 3