14-102482CITY OF
Federal
August 8, 2014
William McCaffrey
30929 37 h Place SW
Federal Way, WA 98023
CITY HALL
33325 8th Avenue South
FederaWay l Way, WA 98003-6325
(253) 835-7000
www.cityoffederalway.com
FILE
RE: Permit #14-102482-00-AD; MIRROR LAKE HIGHLAND COTTAGE PRELIMINARY PLAT
604 SW 312`h Street, Federal Way
Dear Mr. McCaffrey:
The City of Federal Way's Community Development Department has received your letter requesting a
two-year extension to the Mirror Lake Highland Cottage Preliminary Plat, a subdivision establishing 16
single-family units of cottage housing, with vehicular access from 6th Ave South and utilizing low impact
development (LID) strategies. The proposal was granted preliminary plat approval on November 4, 2008,
and is due to expire on November 4, 2015. To date, approved construction plans have been submitted,
which are designed under an old drainage manual. The time extension request is hereby granted approval
subject to the conditions listed below.
EXTENSION CRITERIA
Pursuant to Federal Way Revised Code (FWRC) 19.15.110, "Lapse of Approval — Time Extension," the
director may grant a two-year extension to the land use decision, subject to the following criteria:
a) Except for the first request for time extension, the applicant has made substantial progress to
complete the project;
Staff Response: This is your first time extension request. Staff finds criterion (a) not applicable.
b) There are circumstances beyond the applicant's control, which prevent compliance with the time
limits of FWRC 19.15.100, or any previously granted extension;
Staff Response: The City agrees that the economic climate has changed significantly since the
time of the original approval, and commercial banks have limited their lending to small
developers for this type of land development project. The local and national economic downturn
constitutes circumstances that are beyond the applicant's control; therefore, stafffinds criterion
(b) has been met.
c) The extension will not create or continue conditions that constitute a code violation or an
attractive nuisance, contribute to erosion and sedimentation problems, or impact the public health,
safety and welfare; and
Staff Response: As the site has not been cleared or graded, there are no conditions that create a
code violation or an attractive nuisance.
d) Whether either physical conditions in the vicinity of the project or codes and requirements of the
city, applicable agencies, and utility providers have changed to such a degree since initial
Mr. McCaffrey
August 8, 2014
Page 2
approval that it would be contrary to the public interest to extend the life of the project, including
but not limited to such factors as:
i. Whether the adoption of new codes/standards would substantially affect project layout
and storm drainage design;
H. The adequacy of mitigation and/or impact fees to address the cost of mitigation at the end
of the expiration period;
iii. Whether the delayed project is an impediment to other development projects in the
vicinity as a result of traffic concurrency reserved capacity.
Staff Response: While physical conditions in the vicinity of the project have not changed, the City
has adopted new codes and standards that would substantially affect project layout, storm
drainage design, impact fees and concurrence capacity as, discussed under FWRC
19.15.110(2) (d). In light of the extension request, Public Works staff has identified specific
mitigation to address criteria (2)(d) of FWRC 19.15.110.
CONDITIONAL APPROVAL
The applicant shall pay a Transportation Impact Fee (TIF) in lieu of the pro-rata mitigation of
$64,458 as identified in the 2008 concurrency decision. The traffic impact fee will be determined by
the fee schedule in effect at the time of plat recording and must be paid at such time, unless deferred
per FWRC 19.100.070(3)(b). For estimation purposes, the TIF fee (2014 rate) is approximately
$48,080 for the project.
CLOSING
Unless modified or appealed, this two-year extension of the land use decision will be valid until
November 4, 2017. If no further action is taken by this extension deadline (action of beginning
construction or submitting to the City a complete building permit application), the decision becomes void.
FWRC 19.15.110 does permit additional extension opportunities that can be granted only if applicable
criteria are met. Under FWRC 19.15.110(5), this extension decision may be appealed by any person who is
aggrieved by this decision. The appeal must be in the form of a letter delivered to the Department of
Community Development, and be accompanied by the established fee, within 14 calendar days of the date
of this extension decision.
Please contact Planning Intern Kalon Thomas, at 253-835-2622 or kalon.thomas@cityoffederalway.com
should you have any questions about this letter.
Sincerely,
Isaac Conlen, Planning Manager
for Larry Frazier, Interim Director
c: Kalon Thomas, Planning Intern
14-102482 Doc. I.D. 66170
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5/29/2014
Mr. Patrick Doherty
Director of Community Development
City of Federal Way
33325 81h S
Federal Way, WA 98003
RECEIVED
MAY 2 9 2014
CITY OF FEDERAL WAY
CDS
RE: Subdivision Plat Extension for Mirror Lake Highland Cottages project
Dear Patrick,
Per FWRC 18.05.090 1 am requesting a 2 year extension of my preliminary subdivision plat
approval for Mirror Lake Highland Cottages, original File No. 07-106874-00-SU.
The project meets the following 18.05.090 Section 2 criteria for an extension:
2(a) This is a first request for a time extension.
2(b) The economic downturn has kept commercial banks from financing small developers
for this type of land development project. Hopefully lending conditions will continue to
improve and by next year allow the project to proceed. There is a chance, however, that
substantial completion could not be reached by the November of 2015 expiration of my
approval so I am requesting this extension now.
2(c) To my knowledge the extension will not create or continue any of the conditions
outlined in this section.
2(d) To my knowledge none of the possible changes outlined in this section would make
the requested extension contrary to the public interest.
Thank you in advance for your consideration of this request.
Best regards,
�r,►-r4'
WiIlia cCaffrey
President