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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 II/-�oa q ? A -/-) P CneNE US scud;n creating essential environments 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