News Articles

((*** HOMEOWNERS WIN ***))

 

Homeowners of Applewood Estates & Brantingham Greens overfilled the courtroom today (Tuesday, January 25, 2001) during the land use lawsuit. Benton County Superior Court Judge Cameron Mitchell ruled in favor of our homeowners and put a stop to the development. He ruled that the developer should have filed a major amendment to the PUD based on the change in land use, change in density location and that area homeowners were deprived our constitutional right to have a voice in the process.

 

The Applewood Estates Homeowners Association learned that a 176-unit apartment complex (several buildings at 3-story height) was approved by the City of Richland to be built on land just south of Applewood Estates. This is across the street from Westcliff Blvd and directly in our community’s back yard. The land was originally zoned and approved by the City Council in 2005 for a Senior Living Complex. The question is how did this major change in land use get approved without a public hearing process?

 

The City of Richland approved the non-age restricted apartment complex without a public hearing through a “minor” amendment. The minor amendment was made by the Development Services Manager which allowed the new developer to use up all the density that they had available within the full 30 acre site and condense it to 15 acres where the apartments would be located. The Development Services Manager allegedly wrote a letter to the Developer and someone within the City and it was magically approved without a public hearing process and void of area homeowner’s input or comment.

 

The remaining 15 acres was not allowed for development so the developer (Wolff Enterprises, LLC) then proposed a comprehensive plan amendment that would increase the base density allowed for the site and would make the remaining 15 acres developable with single family residences. Homes within 300 feet of this new proposal received a Notice of Application and Public Hearing. The date for this hearing was set for Wednesday, September 22, 2010.

 

Applewood Estates and nearby community developments are great residential neighborhoods with a quiet and tranquil atmosphere so news of this type of land use change and proposed apartment complex buildings in our midst was extremely disappointing. Our concerns are not just about losing the character of the area but a decrease in property value. By 2012, the need for single family living space may decrease with layoffs at the Hanford site, leaving an apartment complex that may be sold and converted into low income rentals. This would cause a potential increase in the area crime rate and increase in homeowner insurance premiums.

 

A letter of opposition was sent to the City of Richland on behalf of all Applewood Estates homeowners that cited many concerns which included: Legality of the "minor" amendment change, overall change to high density, area character change, decrease in property values, impact on groundwater, impact on neighborhood schools & children, increase in crime rate, increase in vehicle traffic, insufficient supporting infrastructure, height of apartment buildings (3-Story) and location of single complex entrance & exit.

 

Homeowners were never notified by the city of this change so Applewood HOA inquired about it with the City of Richland and obtained a map of the proposed apartment complex that would be called Badger Mountain Village Apartments. The HOA discovered that the apartments would be 3-stories high and the only exit/entrance of the apartments would not be placed on an “arterial” traffic way but on Westcliff Blvd which is a “collector” street. This would also intersect with Jonagold St which is a “local” street in Applewood Estates. The HOA sent out an e-mail to all homeowners with e-mail addresses on file explaining what the HOA had discovered over the week.

 

Applewood HOA began to receive several complaints and was asked what homeowners could do to oppose the apartment complex and the actions by the Development Services Manager. The HOA learned that nearby Brantingham Greens HOA had developed a “form” letter of opposition for their homeowners to use. Applewood HOA obtained a copy of that form letter and advised all homeowners who were opposed to the land change to send a signed copy of that letter to the Planning Commission. Several homeowners did just that only to find out that the City of Richland Municipal Codes state that “form” letters were not admissible if an administrative appeal were filed with the city. Although "form” letters would be read by the Planning Commission during the Public Hearing, these letters would be omitted should we move forward to an appeal. Only those individuals that wrote letters using his or their own words as well as individual testimony made during the Public Hearing would be allowed to participate in the appeal process.

 

Applewood HOA then drafted and hand delivered an opposition letter on behalf of all Applewood homeowners due to the time crunch the City of Richland placed on this action. However, the Notice of Application and Public Hearing was for the request for more density on the undevelopable 15 acres of land and not the original approval of the land use change and apartment complex proposal. The City had already told the HOAs that the apartment complex was a done deal and nothing could be done.

 

Applewood HOA then hand delivered a letter to all homeowners a copy of the City of Richland Notice of Application and Public Hearing (regarding the remaining 15 acres of land) urging them to attend on September 22, 2010 at City Hall. The day before the hearing Applewood HOA received an e-mail from the Planning Commission stating that due to the numerous letters and petitions expressing concern about the minor amendment and proposed apartment complex, the hearing for the remaining 15 acres would be postponed until Wednesday, October 13th. They also advised (at the City’s request) the developer had arranged a neighborhood meeting to answer questions about their apartment complex proposal and discuss their future plans for the remaining 15 acres of property. This meeting was held on Wednesday, October 6th, at 7:00 p.m. in the City Council Chambers.

 

Due to the number of complaints, concerns and issues regarding the land use change, Applewood HOA and Brantingham HOA set up a neighborhood meeting to be held on Tuesday, October 5, 2010 at Bethel Church in Richland. During that meeting, there was an overwhelming turnout of over 125 people who discussed the land use change and what the HOAs could do about it. It was announced that Applewood HOA and Brantingham HOA had filed a lawsuit under the Land Use Petition Act (LUPA) in Benton County Superior Court challenging the "minor" modification decision by the City of Richland. Most in attendance were upset about being left out of the process and were in support of the petition from the following developments: Applewood, Vineyards, Brantingham, Cherrywood, Badger Mountain, Westcliff, Lexington Heights, Brantingham Heights, The Plateau, Bordeaux Grove and homeowners along Brantingham, Shockley and Oahu Streets.

 

All homeowners were encouraged to attend the developer’s information meeting the next night on October 6th and announced that developer (Wolff Enterprises, LLC) withdrew the application for the land-use change on the remaining 15 acres and that the public hearing set for October 13th was cancelled. On October 6th, the developer did hold an informational meeting for area neighbors at Richland City Hall. Applewood and Brantingham HOAs were encouraged by the homeowner turnout at the meeting hosted by the City of Richland and developer. Over 100 neighbors of all area developments overfilled the city council chambers to listen to the apartment proposal and voice concerns.

 

The HOAs were disappointed by the turnout of our city officials. The City Manager and Mayor were absent however Mayor Pro Tem Ed Revell and Council Member Phillip Lemley blended into the crowd and did not speak or comment. Deputy City Manager Bill King admitted fault and told homeowners that the City of Richland would have done things differently if they had the opportunity. He informed the homeowners that the administrative decision to make the land use change and call it a "minor" amendment was proper application of the city's code, but also said that the decision to approve by “minor” amendment may turn out to be a wrong in a court of law. Mr. King stated that the City of Richland will follow the judge’s decision.

 

Unfortunately, homeowner’s requests to the City of Richland and developer to withdraw the application and simply begin the process over again through a public hearing fell on deaf ears. So did a direct request from one homeowner to Mayor Pro Tem Ed Revell. The City of Richland cited they could not ask the developer to withdraw by law but Mr. King did ask Wolff Enterprises representative, Joe Organic, if he would consider a withdraw. After several requests by homeowners to simply do what was right (what should have been done in the first place) to avoid a costly lawsuit for the HOAs and City of Richland, the developer told neighbors that they had too much money invested in the project and a withdraw was not an option. The City of Richland and developer confirmed with Applewood HOA that the public hearing for the remaining 15 acres set for October 13th had been cancelled. The HOAs attempted to notify homeowners that that public hearing was cancelled but many attended not knowing.

 

A lawsuit was filed under the Land Use Petition Act by the HOAs on Oct. 02, 2010 with Benton County Superior Court. This lawsuit is challenging the legality of and approval of the land use change by a "minor" amendment to the PUD (Planned Unit Development) and the approval of a nonage restricted 176-unit apartment complex. The HOAs asserted that the amendment to the PUD was in fact a "major" change which requires an open record public hearing by the Planning Commission. The HOAs are not against development but believe their homeowners were deprived their right as a citizen of Richland to a notice and public hearing for the opportunity to voice their opinions and concerns regarding this change. The lawsuit also challenged the issuance of the building permits. The HOAs assert that the building permits issued to the developer on September 20, 2010 should not have been issued by the City of Richland, as the City Council had not approved the final PUD plat for the apartments as required.

 

A court date was set for November 19, 2010 at 1:30 pm in Benton County Superior Court for a hearing to dismiss by the City of Richland and the developer Wolff Enterprises, LCC. They both attempted to have the court dismiss the case based on the allegation that the HOAs did not file the Land Use Petition within the 21 day limit and that the homeowners had the opportunity to request a disclosure from the city. Benton County Superior Court did not have a judge available for the hearing on November 19th so the court date was rescheduled for Friday, December 10, 2010.

 

The HOAs and area homeowners prevailed on December 10th. Judge Robert Swisher denied the motion made by Wolff Enterprises and the City of Richland to dismiss the case and set a trial date for January 25, 2011 at 9:00 a.m. The HOAs and area homeowners can now move forward on just the merits of the case and get the opportunity to argue that the decision and approval by the City of Richland was unlawful. The HOAs encourage all homeowners to attend the trial. This decision will set precedence for future decisions made by city officials that affect all homeowners in Richland. It will be located at Benton County Superior Court in Kennewick.

 

The HOAs have elected not to pursue an injunction or stop work order against the developer so construction work continues at the site. The HOAs do not want to get in the middle of an agreement with the City of Richland and the developer. However, many homeowners are suspicious of the speed of construction as the developers and subcontractors work into the dark and on weekends before the trial date.

 

We were hopeful that the City of Richland would have recognized their unusual move with the “minor” amendment. We requested the City to reconsider the approval of this major land use change for an out-of-state developer but it was denied. It will now cost the homeowners and the City of Richland a considerable amount of money in court costs in an attempt to force the city to do what should have been done at the beginning.

 

The HOAs feel that it’s just too much of a departure and major change from the previous plan of 2005 that was approved by the City Council and one that homeowners used to make their decision in purchasing a home in South Richland. Applewood Estates is a very unique subdivision and this type of land change would destroy it. We will continue to represent our homeowner’s interest in this matter by doing what is right for our community. Our priority is to safeguard their rights as homeowners while protecting one of their biggest investments... Their Home.

 

We will soon be delivering an information flyer on the trail date and letter writing campaign. We will need volunteers to help deliver to homes in and around Applewood Estates. We will deliver them by street name so if you are interested in helping, please e-mail us so we can put you on our volunteer list. We will then deliver you the correct amount of flyers and the street name to be delivered.

 

Please do your part by sending a letter (and follow it up with an e-mail) to the following with your family’s concerns regarding this issue:

 

c/o Letters to the Editor

333 W Canal Dr.

Kennewick, WA 99336

Send a letter by their website:

 

 

505 Swift Boulevard

Richland, WA 99352

e-mail:  citycouncil@ci.richland.wa.us

 

John Fox, Mayor (e-mail:  jfox@ci.richland.wa.us)

Ed Revel, Mayor Pro Tem (e-mail:  erevell@ci.richland.wa.us)

Sandra Kent, Member (e-mail:  skent@ci.richland.wa.us)

Phillip Lemley, Member (e-mail:  plemley@ci.richland.wa.us)

Dave Rose, Member - (e-mail:  drose@ci.richland.wa.us)

Sheila Sullivan, Member (e-mail:  ssullivan@ci.richland.wa.us)

Bob Thompson, Member (e-mail:  bthompson@ci.richland.wa.us)

 

 

P.O. Box 190

Richland, WA 99352

(509) 942-7381

e-mail:  cjohnson@ci.richland.wa.us

 

 

P.O. Box 190 MS 15

Richland, WA 99352

(509) 942-7794

e-mail:  rsimon@ci.richland.wa.us

 

(Links may take a while to open)

 

 

Land Use Petition (the file was too big so it was split into 3s)