17-105038CITY OF
A�k Federal
November 3, 2017
William McCaffrey
The Nexus Studio, Inc.
1911 SW Campus Dr., Suite 116
Federal Way, WA 98023
3 3Federal
3 553)Way,
, Avenue South
Way Federal Way, WA 98003-6325
(253) 835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
Email: bill@tlienexussttidio.com
RE: File #17-105038-00-AD; ADMINISTRATIVE DECISION —PRELIMINARY PLAT EXTENSION
Mirror Lake Highland Cottages, 604 SW 312'' St, Federal Way
Dear Mr. McCaffrey:
The City of Federal Way's Community Development Department has received your letter on October 19,
2017, requesting a two-year extension to the Mirror Lake Highland Cottages Preliminary Plat, a
subdivision establishing 16 single-family units of cottage housing, with vehicular access from 6°i Avenue
South and utilizing low impact development (LID) strategies.
The proposal was granted preliminary plat approval with conditions on November 4, 2008 (file #07-
106874-00-SU). A two-year extension was approved with conditions on August 8, 2014 (file#14-102482-
00) and will expire on November 4, 2017. The time extension request is hereby granted approval subject
to the conditions listed below.
EXTENSION CRITERIA
The following is an excerpt of the plat time extension criteria from Federal Way Revised Code (FWRC)
18.05.090. The applicant has provided responses to the extension criteria, in bold; and staff response has
been provided to each criterion. In the interests of clarity, responses are paraphrased from the written
request.
(2) Criteria. An extension request shall satisfy the following criteria to be approved:
(a) Except for the first request for time extension, the applicant has made substantial progress to
complete the plat;
Applicant Response: The project is under construction with site work about 35-50% complete and
ongoing.
Staff Response: Engineering plans and a Clearing & Grading Plan have been approved. The
applicant has also met with staff in recent weeks to discuss project requirements. A bond for
foundation -only building .permits has been submitted to the city for approval. Foundation -only
building permit applications are expected soon.
(b) There are circumstances beyond the applicant's control which prevent compliance with the time
limits;
Mr. McCaffrey
November 3.2017
Page 2
Applicant Response: The past economic downturn is still keeping commercial banks from financing
small developers for this type of land development project. I was only able to get a private lender
commitment in July of this year and commenced construction immediately.
Staff Response: The economic downturn of the housing market constitutes circumstances beyond the
applicant's control; therefore, staff finds this criterion 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;
Applicant Response: To my knowledge the extension will not create or continue any of the
conditions outlined in this section.
Staff Response: No code violations or erosion/sedimentation problems have been reported. Impacts
to the public health, safety and welfare should not arise due to the extension approval. Staff finds this
criterion has been met.
(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 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;
ii. 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 concu>Tency reserved capacity.
Applicant Response: To my knowledge none of the possible changes outlined in this section would
make the requested extension contrary to the public interest.
Staff Response: While physical conditions in the vicinity of the project have not changed, the City has
adopted new codes and standards that would affect impact fees, 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 detennined 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).
CLOSING
Unless modified or appealed, this two-year extension of the preliminary plat will be valid until November
4, 2019.
17-105035-00-AD Doc I D 76735
Mr. McCaffrey
November 3, 2017
Page 3
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), any person who is aggrieved by the granting of this decision
may appeal as provided in FWRC 19.65.120. The appellant must file a letter of appeal indicating how the
decision on the time extension affects the appellant's property and presenting any relevant material or
infonnation supporting the appellant's contention. The appeal will be heard and decided upon using
Process IV.
Please contact Senior Planner Dave Van De Weghe at 253-835-2638 or
david.vandeweghe@citvoffedei-alway.cgm should you have any questions about this letter.
Sincerely,
4 �
Brian Davis
Community Development Director
c: Cole Elliott, Development Services Manager
Ann Dower, Senior Engineering Plans Reviewer
Dave Van De Weghe, Senior Planner
Sarady Long, Senior Transportation Planning Engineer
Kari Cimmer, Permit Center Supervisor
17-105038-00-AD
Doc. I. D. 76735
1 • y4jk
CITY OF
Federal Way
urn
RECEIVED REQUEST FOR ADMINISTRATIVE DECISION
COMMUNITY DEVELOPMENT DEPARTMENT
OCT 19 2017 33325 81h Avenue South
Federal Way, WA 9800
253-835-2607;Fax 253-835-2609
CITY OF FEDERAL WAY -nir,.z r;r%rnffarinralwav rnm
FILE NUMBER -A �
Applicant
NAME
BUSINESS/ORGANIZATION
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MAILING ADDRESS
CITY STATE ZIP
Date
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PRIMARY PHONE
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ALTERNATE PHONE
E-MAIL
FAX
Property Address/Location d Z � �kl`L
Description of Request CMAtbo h D W A
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List/Describe Attachments
For Staff Use
❑ Code Interpretation/Clarification
❑ Critical Areas Letter/Analysis/Peer Review
M Request for Extension (Land Use/Plat Approval)
❑ Revisions to Approved Permit
❑ Tree Removal
❑ Zoning Compliance Letter
- No Fee
- No Fee (Actual Cost if Applicable)
- Check Current Fee Schedule */O/, o
- Check Current Fee Schedule
- No Fee
- Check Current Fee Schedule
Bulletin #079 — January 4, 2016
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10/17/2017
Mr. Brian Davis
Director of Community Development
City of Federal Way
Attn: Dave Van De Weghe, Planning
33325 8t" S
Federal Way, WA 98003
RE: Subdivision Plat Extension for Mirror Lake Highland Cottages project
Dear Brian,
DECEIVE®
OCT 19 2017
CITY OF FEDERAL WAY
COMMUNITY DEVELOPMENT
Per FWRC 18.05.090 1 am requesting an 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) The project is under construction with site work about 35-50% complete and ongoing.
2(b) The past economic downturn is still keeping commercial banks from financing small
developers for this type of land development project. I was only able to get a private lender
commitment in July of this year and commenced construction immediately.
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,
(D444
William Nh&bffrey
President
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