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HomeMy WebLinkAbouthex's order O Denis Law Mayor '� City Clerk-Jason A.Seth,CMC June 23, 2017 Jamie Schroeder CPH Consultants 11431 Willows Rd NE, 120 Redmond, WA 98052 Subject: HEX's Order on Request for Reconsideration RE: Meadow Vue Preliminary Plat, LUA-17-000106 Dear Mr. Schroeder: Attached is the Hearing Examiner's Order on Request for Reconsideration. tf you have any further questions, you can email Jason Seth, City Clerk, at (425) 430- 6510 or jseth@rentonwa.gov. Sincerely, �. � Jason A. Seth, CMC City Clerk cc: Hearing Examiner Alex Morganroth,Associate Planner Jennifer Henning, Planning Director Vanessa Dolbee,Current Planning Manager Clark Close,Senior Planner Brianne Bannwarth, Development Engineering Manager Craig Burnell, Building Official Jennifer Cisneros,Secretary, Planning Division lulia Medzegian,City Council Liaison Parties of Record(16) 1055 South Grady Way,Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov 1 2 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON 3 Emily Terrell, Hearing Examiner Pro Tem 4 5 RE: MeadowVue ORDER ON REQUEST FOR RECONSIDERATION 6 Preliminary Plat LUA 17-000106, ECF, PP, Requestor: DR Horton Homes, Applicant 7 MOD 8 9 INTRODUCTION _ 10 DR Horton received Preliminary Plat approval from the City of Renton on May 23, 2017 for a 14-lot 11 subdivision. On June 6, 2017, the applicant filed a Request for Reconsideration toward modification of Condition of Approval #4. The applicant argued the examiner had made an error of law in her 1� interpretation of RMC 4-4-070(H)(6)with respect to the decision-making authority and timing related 13 to application of RMC 4-4-070(E). The applicant argued the examiner had gone beyond her authority in prescribing the size and location of the reyuired perimeter landscaping surrounding the proposed 14 stormwater facility. Specifically, the applicant argued that authority rests with the Community and Economic Development Administrator(RMC 4-4-070(E)) and is subject to modification under RMC 15 4-4-070(H)(6)(c) at any time, including during the site-specific engineering review. The applicant 16 requested modification to Condition of Approval #4 to eliminate reference to the size and location of the required landscaped area and the addition of a reference to RMC 4-4-070(6)(c). 17 On June 14,2017,the City sent a response to the Order on Reconsideration. The City stated they were 1 g amenable to the reyuested modification of Condition of Approval #4 though they wished to correct the reference to the applicable section, RMC 4-4-070(H)(6)(c). The City also argued that the 19 applicant's interpretation of RMC 4-4-070 and RMC 4-7-080 were incorrect. The City argued under 20 the applicant's interpretation, significant changes to the landscaping plans could occur during construction plan review rather than during the subdivision review process. If that were the case, 21 significant changes could create impacts to adjacent properties without the benefit of an opportunity for public comment. The City further noted striking the language "fifteen-foot (15')" from the 22 condition does not change the minimum width of the required storm tract landscape buffer pursuant to RMC 4-4-070(H)(6)(c). However,the City had no objection to the amended code language as these 23 changes do not change the process in which a buffer reduction can be approved and instead simply 24 reflect the existing code. 25 One June 20, 2017, the applicant responded to concur with City staff's position. 26 Reconsideration - 1 1 ORDER ON RECONSIDERATION 2 As both the applicant and City staff are amenable to the proposed modification, as the 3 modification does not change the required location or dimensions of the required storm drainage perimeter landscaping, and as the requested language does not modify the process by which a 4 buffer reduction can be approved,the Examiner approves the applicant's request. Based on the above, the Examiner hereby modifies Condition of Approval #4 of the May 23, 2017 5 preliminary plat decision as follows: 6 4. The a licant shall rovide a �•�Ta ' pp p et�-� landscaped area around the entire � detention pond �� *'�� c*��� T���* pursuant to RMC 4-4-070(H)(6)(c). A final detailed landscape plan consistent with RMC 4-8-120 shall be submitted to and approved by the g City of Renton Project Manager prior to issuance of a construction permit. 9 10 DATED this 22nd day of June, 2017. 11 c- , . — 12 �v�.�,..Q �..k..�c.R..�-� 13 Emily Terr 11 City of Renton Hearing Examiner Pro Tem 14 15 Appeal Right and Valuation Notices 16 �C 4-8-110(E)(9)provides that the final decision of the hearing examiner is subject to appeal to the Renton City Council. RMC 4-8-I 10(E)(9)requires appeals of the hearing examiner's decision 17 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 ig period as identified in RMC 4-8-110(E)(8) and RMC 4-8-100(G)(4). A new fourteen (14) day 19 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 20 floor, (425) 430-6510. 21 Affected property owners may request a change in valuation for property tax purposes 22 notwithstanding any program of revaluation. 23 24 25 26 Reconsideration - 2