HomeMy WebLinkAbout99 BurnettLANE POWELL
July 1, 2019
VIA ELECTRONIC MAIL
Chip Vincent
Administrator
Community & Economic Development
City of Renton
1055 Grady Way
Renton, WA 98057
Re: Burnett Apartments, PRE 17-000784
Dear Mr. Vincent & Ms. Henning:
MICHAEL A. NESTEROFF
206.223.6242
nesteroffm@lanepowell.com
Jennifer Henning
Director
Planning Division
City of Renton
1055 Grady Way, 6th Floor
Renton, WA 98057
We are attorneys for Plutus 3, LLC, the owner of the property located at 99 Burnett Avenue
South, Renton, WA. Our client and its partners participated in a pre -application process
regarding a proposed project for the property involving conversion of a surface parking lot into
a 4-5 story Type VA wood frame over one story Type I with basement parking. The mixed -
use building would include 80-84 multi -family units and accessory ground floor and basement
parking areas. The ground level podium would include 3,483 square feet of commercial space.
This is precisely the type of multi -family, transit -oriented development that the City has been
encouraging.
In the course of obtaining the City's comments on the project, our client learned that the City
has identified Burnett Place South (which runs north -south along the eastern boundary of our
client's property) as part of the Renton Connector pedestrian/bicycle route to link downtown
Renton with parklets along the Cedar River. To accomplish this the City advised our clients
that it would require a 58-foot right-of-way by means of a property dedication on the Burnett
Place South side of the street.
Although we understand that a pre -application meeting is not a final determination of the
subject project, our clients are very concerned that a potential dedication two and a half times
wider than the existing right-of-way would make this project infeasible. As you can see from
the attached drawing, the current 23-foot right-of-way would be sufficient to accommodate our
client's proposed project, but a 58-foot right-of-way would substantially reduce the property
STREETAODRESS: 1420 FIFTH AVENUE, SUITE 4200 1 SEATTLE, WA 98101-2375 P 206,223.7000 F 206.22'1.7107 LANEPOWELL.COM
MAILING ADDRESS: P.O. BOX 91302 1 SEATTLE, WA 98111-9402
A PROFESSIONAL CORPORATION
Chip Vincent
Jennifer Henning
July 1, 2019
Page 2
area for commercial or multifamily development. While our client understands the need for
pedestrian/bicycle routes and appreciates that they serve as an important amenity for residents
of the City, this proposed dedication of the right-of-way has raised a number of questions:
1. Will the City actually require a 58-foot dedication as a condition for approval of this
project?
2. If so, will the City base its determination of the maximum number of units allowed
on the property based on the original property area or on the property area reduced by
the expanded right-of-way?
3. Are there any considerations being given to acquiring or expanding the right-of-way
on the west side of Burnett Place South, such that the burden is borne equally by
property owners on both sides of the street?
4. What other properties is the City seeking to acquire or expand the right-of-way,
either through dedications or condemnation, in order to implement the proposed Renton
Connector pedestrian/bike path?
As you are aware, one of the consequences of the proposed dedication is that it could give rise
to an inverse condemnation claim by our clients against the City. The federal and state
constitutions provide that private property may not be taken for public use without just
compensation. Where a government appropriates property in fact, but with no formal exercise
of the power of eminent domain, the law recognizes a taking through inverse condemnation.
A government activity that directly or proximately causes a property owner's loss would
constitute a compensable damage. The City's proposed dedication of the expanded right-of-
way threatens to deprive our client of the ability to develop the property to its highest and best
use.
We hope that the City will provide us with answers to these questions and engage in a dialogue
with our client. Our client believes that it should be possible to accomplish the City's goals
and, at the same time, allow our client to make productive use of the property. Please feel free
to contact me if you have any questions.
Very truly yours,
LANE POWELL Pc
art -w6ac/
Michael A. Nesteroff
999999.0020/7685970.2
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BURNETT PLACE S: CITY OF RENTON REQUIRED DEDICATION
99BURNETTAPARTMENTS
MARCH 29, 2018
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