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14-101486cirY OF Federal April 23, 2014 IVIr. Michael Roesch 12321 27,h Street East Edgewood, WA 98372-1956 CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com P/LE Re: File #14-101486-00-AD; CONDITIONAL TWO-YEAR EXTENSION APPROVAL Roesch Short Plat Extension, Parcel 332204-9212, Federal Way . Dear IVIr. Roesch: The Community and Economic Development Department has received your April 1, 2014, request to extend the preliminary short subdivision approval granted to the Roesch Short Plat for two additional years. The referenced application is a four -lot short subdivision granted approval by the city on April7, 2009. Previously, a two-year extension was granted in April of 2012, which expired on April 7, 2014. The city's subdivision regulations allow the director to administer extensions if criteria within .Federal Vay Revised Code (FWRC) 18.05.090(2) can be satisfied. Your request for a two year extension is conditionally approved based on the responses to extension criteria presented to the Director of Community and Economic Development Department. CONDITIONS 1. The applicant shall be subject to current transportation impact fee as a replacement for the prior pro-rata share mitigation in place at the tune of preliminary approval. The impact fee shall be calculated and paid at the time of the short plat recording 2. The applicant shall be subject to the adopted 2009 King Count' Surface lVater Design LVlanual (KCSWDIVl and Federal Way Addendum requirements as a replacement for the prior 1998 manual. TIME EXTENSION CRITERIA The following is an excerpt of the plat time extension criteria from FWRC 18.05.090. In the interest of clarity, staff reviewing the request has responded to each criterion using information provided by the applicant and relevant city policies justifying the extension approval. 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; Mr. THichael Roesch Page 2 April 23, 2014 Staff Response — The applicant has recently submitted additional engineering materials to City of Federal Way staff. Staff finds.. criterion (a) has been met. .�s (b) Tres e,ar circa n'st;iac;beyond the applicant's control -vhich prevent compliance with the time limits; +- 4 Staff Response -ThO recent economic downturn combined with a difficult financing environment has prevented the development of the proposed lots. Such circumstances are beyond the applicant's control; therefore, staff finds 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; Staff Response — Site conditions have remained unchanged and unimproved since the development was granted approval; therefore, code violations, attractive nuisances, erosion/sedimentation problems, and public health, safety, and welfare should not arise due to the extension approval. Staff finds criterion (c) has been met. (d) Whether either physical conditions in the vicinity of the plat 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 plat. Staff Response — Staff finds criterion (d) will be met with the conditions below: (i) Whether the adoption of new codes and/or standards would substantially affect project layout and storm drainage design; Staff Response —The project's preliminary approval was vested to stormwater design criteria of the 1998 King County Surface Water Design Manual (KCSWDM). City adoption of the 2009 KCSWDM took effect February 16, 2010. In order to maintain consistency with regulations set forth in the city's National Pollution Dircharge and Elimination System (NPDES) municipal stormwater permit, the applicant will be required to design a flow control and detention facility utilizing the 2009 KCWDM and City of Federal Way Addendum to the 2009 KCSWDM. (ii) The adequacy of mitigation and/or uripact fees to address the cost of mitigation at the end of the expiration period; Staff Reeponse — At the time of preliminary approval, the city's form of traffic mitigation was a pro-rata share contribution toward Transportation Improvement Projects (TIP) affected by one or more PM peak hour trips generated by the applicant's proposal. As of October 20, 2009, the city has instituted a transportation impact fee assessed to each lot, replacing the pro-rata share method. Due to the time elapsed from the initial analysis that identified the affected capital projects, and the delay of the applicant's proposed build out of the short plat, the applicant will be subject to the current transportation impact fee regulations set forth in FWRC Chapter 19.91. (iii) \Uhether the delayed project is an impediment to other development projects in the vicinity as a result of traffic concurrency reserved capacity. 1 do '114-III I.ISG-OU- U) D", I.D. 6l67 l-fr. INfichael Roesch Page 3 April 23, 2014 Staff Response — Traffic Division staff has determined the delay of an additional two years will not be an impediment to other development projects in the vicinity, and the capacity reserve certificate associated with the preliminary short plat approval remains valid for this extension. CLOSING This two year extension approval expires April 7, 2016, or two years following the date of the prior extension approval. Please be advised that unless a future extension is granted, the Roesch Short Plat shall be completed per the conditions of preliminary approval, or the short subdivision shall expire by limitations set forth in FWRC 18.30.260. If you have any questions regarding this extension, please contact Associate Planner Matthew Herrera at 253-835-2638, or matt.herrera@cityoffederalway.com. Sincerely, Isaac Conlen, Planning Manager for Patrick Doherty, Director c: Matthew I Ierrera, associate Planner ra,• u 1 a-1 a uha-uo-_\ a Doc. I.D. 651,71 Ar'> #- i-- - 10 l `fS(a To whom it may concern, Short Plat file # 07-100344-00-PC ,/ og — I0024Q 0 0 Su Regarding: extension I am asking for an extension on the above short plat. The last few years have been a hardship on the project do to the slow Realestate market, and low demand for buildable lots. In the recent past we have seen an improvement to the economy and the market. We would like to move forward with the short plat approval process. We have submitted additional engineering and we are asking that Federal Way would extend the short plat planning deadline an additional 2 years that we could complete the project. Thank you for your time and consideration. Thank you r . G: Michael Rd sch 253-405-8522 RECEIVED APR 012014 CITY OF FEDERAL WAY CDS