HomeMy WebLinkAboutCity's Request-HEX Extension Request-Grant Ave Townhomes
November 7, 2022
Mr. Phil Olbrechts
Hearing Examiner
City of Renton
1055 South Grady Way
Renton, WA 98057
SUBJECT: Request for Extension Grant Avenue Townhomes Preliminary Plat and PUD
(LUA15-000885 and LUA17-000335)
Dear Mr. Olbrechts,
This office has received a request from the applicant (September 26, 2022) to extend an existing, approved
Planned Urban Development and Preliminary Plat (File Nos. LUA15-000885 and LUA17-000335) for a period of
one (1) year. The Preliminary Planned Urban Development and Preliminary Plat for the Grant Avenue Townhomes
project was approved on May 31, 2016 and the Final Planned Urban Development was approved on August 3,
2017. In accordance with RMC 4-9-150G.1.b, the Preliminary Planned Urban Development and Preliminary Plat is
valid for five (5) years and any extensions granted for the Preliminary Plat are also applicable to the Planned Urban
Development. On April 20, 2020, the Renton City Council adopted an ordinance (Ordinance No. 5968) that
temporarily extended the validity of certain permits by a period of six (6) months due to on-going construction
challenges created by the COVID-19 outbreak. On October 28, 2021, the City approved an administrative one (1)
year extension requested by the applicant pursuant to RMC 4-7-080L.2. The current Preliminary Plat would expire
on November 30, 2022. Pursuant to RMC 4-7-080L.3, one (1) additional one-year extension beyond the one-year
extension may be granted by the Hearing Examiner if the applicant shows need caused by unusual circumstances
or situations that occurred during the prior extension period, which make it unduly burdensome to file the final
plat.
In the extension request the applicant identifies five (5) primary reasons why this project should be granted an
extension, 1) Impacts of COVID-19; 2) Errors in the approved plans, 3) Errors in water line installation, 4) Potholing
and design of utilities to cross Grant Ave., and 5) SEPA mitigation measures restricting the construction window.
Item 1 is a consistent challenge not unique to this project, all constructions sites and businesses have been
impacted by COVID-19 as such, the City Passed Emergency ORD 5968 granting an automatic extension for all land
use permit including the subject project. The letter does not identify why COVID-19 was more impactful to their
project than others and therefore does not meet the standard set for an extension. Items 2 – 4, are related to self
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November 7, 2022
imposed errors either in their own design plans and/or construction, the applicant’s inability to produce high
quality accurate plans and construction of a site pursuant to Renton standards necessitating redesign, re-review,
and/or in field potholing, does not constitute an unusual circumstance or situation. In addition, the following
items noted occurred prior to the beginning of the previous extension:
• The water meters were originally designed to be outside of the public alley per City standards but were
found in October 2021 to be constructed within the public alley. Within a week, the contractor was
shifting the water meters to their approved location and elevations. No revised plans were needed for
this adjustment.
• The extension request refers to the redesign of the water meter locations and construction of the concrete
boxes around the water meters. This was a separate incident that occurred in March 2021 when it was
also found the water meters were not being constructed outside of the public alley and driveways which
was caused by the encroachment of the building foundations that were not taken into account as part of
the original design. The City worked with the applicant and approved a design adjustment to the meter
boxes in April 2021 to address the conflict.
• Through the review of the water meter location and elevations noted directly above, the City notified the
applicant in April 2021 that the constructed buildings along the eastern most alley were higher than the
original design and requested that the applicant review the grading of the alley. Following their review,
the applicant submitted revised plans in mid-May 2021 to address the grading discrepancy and the revised
plan was approved in early June 2021.
• Pothole and surveying of existing utilities within Grant Avenue occurred in late December 2020 for the
installation of the water main. At that time, it was found that there were multiple conflicts with the
proposed water main locations and the existing utilities. The applicant submitted revised plans to address
the conflicts and the City approved the revised plan in early January 2021. Please note that a survey of
the existing utilities in Grant Avenue for the storm drainage connection was only required by the City after
the contractor had damaged the existing pipe in April 2022 and it was found to be in conflict with the
proposed storm water connection pipe. Plans for the revised storm drainage connection was approved
in June 2022, less than a week after it was submitted.
Item 5, which limits site grading work in the wet season is a mitigation measure applied to the subject project
through the SEPA review process, this is a known condition that has been in place since project approval, therefore
this does not meet the standards set for an extension. Of the five (5) items listed in the extension letter, none
meet the requirements under RMC 4-7-080L.3 to grant an extension for this project.
Furthermore, it should be noted that the applicant within the last year has prioritized construction of the building
improvements resulting in very little progress on the civil construction permit improvements, which are required
to be completed for final plat approval and recording. In addition, the project has been repeatedly interrupted by
self-created construction and project management deficiencies as a result of priorizing building improvements
(see enclosed construction inspection log). If the extension is granted, the city does not anticipate that the project
will complete civil construction permit improvements within the next year unless the applicant is required to
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November 7, 2022
prioritize completion of the civil improvements. Therefore, if the Hearing Examiner grants the extension, the City
requests the following new and revised conditions be added:
1. New Condition 33: The civil construction improvements approved as part of the Civil Construction Permit
(U16004475) shall be completed and approved by the Development Engineering Project Manager and the
final plat shall be recorded with King County prior to construction of the remaining portion of the building
improvements except foundation construction and those required to make the partially-constructed
structures watertight as approved by the City Building Official.
2. New Condition 34: The applicant shall provide a detailed project schedule for the remainder of the work.
The project schedule should include specific tasks, dates, and contractors utilized, and should be provided
to the Development Engineering Project Manager by December 16, 2022. This schedule shall be adhered
to and milesones met or the permit shall expire.
3. New Condition 35: Vehicular circulation route around the perimeter of the site shall be a private looped
alley overlayed with a public access and utilities easement, in lieu of the previously-approved public alley.
4. New Condition 36: Applicant shall maintain an organized and clean site free of construction debris. If the
site is not maintained in this manner, the permit shall expire.
5. The following condition is only requested to be revised to address the request to change the alley from
public to private per the New Condition 35 requested above. Revised Hearing Examiner Condition #23:
“The applicant shall revise the utility plan to relocate the sewer line from the pedestrian courtyard to the
public private looped alley. The revised utility plan shall be submitted to, and approved by, the Plan
Reviewer prior to engineering permit approval.”
Sincerely,
Vanessa Dolbee
Planning Director
cc: Apex Enterprises Group, LLC / Owner
C.E. “Chip” Vincent, CED Administrator
Matt Herrera, Current Planning Manager
Brianne Banwarth, Development Engineering Director
Jill Ding, Senior Planner
Enclosures: Construction Inspection Log