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HomeMy WebLinkAboutHawks Landing LLC, Extension Request1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Hawks Landing LLC Extension Request LUA09-060; ECF, SA-M, SA-H ) ) ) DECISION ) ) ) ) ) ) Summary The Applicant has applied for a two year extension of the expiration period for a site plan approved 17 on September 10, 2009. The extension is approved to September 10, 2013. 18 19 20 21 22 23 24 25 26 Exhibits The following documents were considered in evaluating the application for final plat: 1. 2. 3. 4. 5. Applicant's Request for Extension of the Site Plan Review approval, date August 30,2011. September 10, 2009 decision approving site plan and master site plan applications; LUA 09-060, ECF, SA-M, SA-H. Email string between staff and examiner ending 10/3111. Preliminary Report to the Hearing Examiner, LUA 09-060, ECF, SA-M, SA-H. 8/31111 assignment request for LUA 09-060, ECF, SA-M, SA-H. Findings of Fact PUD EXTENSION - 1 1 2 3 4 5 6 7 8 Procedural: 1. Applicant. Hawks Landing, LLC, assignee of site plan approval from original applicant, Alpert International, LLP. 2. Hearing. RMC 4-9-200(L)(2) provides that the Examiner may require a public hearing at his discretion for the site plan extension request. Given that permit extension requests are routinely given in this challenging economic climate and that there is nothing in the record to suggest that the impacts of the project would materially change over an additional two year period, there is no need for a hearing on this extension request. Substantive: 9 3. Description of Proposal. The Applicant is requesting extension of the two year expiration period for site plan approval as governed by RMC 4-9-200(L)(2). The hearing examiner decision 10 approving the site plan is Ex. 2. 11 12 13 Conclusions of Law Procedural: 1. Authority of Hearing Examiner. RMC 4-9-200(L)(2) provides that the hearing examiner may 14 grant an extension of the two year expiration period for site plan approvals. 15 16 17 18 19 20 21 22 23 24 25 26 Substantive: 2. Applicable Standards. RMC 4-9-200(L)(2) provides that the Examiner may grant a two year extension on site plan approval expiration upon a showing of "good cause". The Applicant references the current economic climate as the reason for additional time. The severe economic climate has routinely served as grounds for extension of permit expiration and there is nothing in this case to compel a different result. The extension is granted. 3. Master Site Plan Extension. In the email correspondence of Ex. 3, staff has also requested that the Examiner clarify what the expiration period is for the master site plan. RMC 4-9- 200(L)(1) requires the Examiner to set an expiration period for a proposed master plan within a two to five year period. Staff referenced a five year expiration period in its staff report on the master site plan application, but the Examiner never set an expiration period in his decision. The current Examiner does not have the authority to clarify the Examiner's 2009 decision approving the master site plan application. The issue of what expiration period applies when the Examiner fails to address it as required by RMC 4-9-200(L)(1) is a code interpretation that should be submitted to the Community and Economic Development Administrator under RMC 4-1-080(A). That decision may then be brought to the Examiner by administrative appeal under RMC 4-8- 110(E)(1)(a). Another way to address the situation would be to amend the site plan decision with PUD EXTENSION - 2 1 2 3 4 the addition of a specified expiration period as a major adjustment, providing the public an opportunity to comment on any proposed expiration period. DECISION 5 The request to extend the September 10, 2011 expiration date of site plan approval LUA09-060; ECF, SA-M, SA-H to September 10,2013 is approved. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DATED this 3rd day of October, 2011. <:(:?-~ c::::?~_ Phil A. Olbrechts City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-11 0(E)(9) provides that the decision of the hearing examiner is final subject to appeal to the Renton City CounciL RMC 4-8-11 0(E)(9) requires appeals of the hearing examiner's decision 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 period as identified in RMC 4-8-110(E)(8) and RMC 4-8-100(G)(4). A new fourteen (14) day 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 floor, (425) 430-6510. Affected property owners may request a change In valuation for property tax purposes notwithstanding any program of revaluation. PUD EXTENSION - 3