Loading...
Dinh Tuyen ExtensionCOMMUNITY DEVELOPMENT DEPARTMENT 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-7000 www.cityoffederalway.com Jim Ferrell, Mayor June 1, 2021 Mr. Tyler Hoang PO Box 98282 Des Moines, WA 98198 tylerhoang206@gmail.com Re: File #21-101673-00-AD; EXTENSION CONDITIONAL APPROVAL Dinh-Tuyen Townhomes, 29215 Military Road South, Federal Way Dear Mr. Hoang: The Community Development Department has received an April 27, 2021, request application, and May 24, 2021, resubmitted letter requesting a two-year extension to the Process II land use approval for the Dinh- Tuyen Townhome Project. Process II site plan approval (file 15-103039-UP) was granted for the proposal by the City of Federal Way on May 30, 2016. The proposed Dinh-Tuyen Townhome Project is a proposed five-unit townhouse development with associated improvements, including right-of-way dedication and improvements, stormwater management, active open space, and landscaping. The subject property is located at 29215 Military Road South on King County Tax Parcel 042104-9128. The two-year time extension request is hereby approved subject to the condition listed below. This extension will expire on May 30, 2023, if no further action is taken on the proposal. EXTENSION CRITERIA According 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 (Process II), subject to criteria as follows: (a) Except for the first request for a time extension, the applicant has made substantial progress to complete the project; City Response – This is the first extension request. (b) There are circumstances beyond the applicant’s control that prevent compliance with the time limits of FWRC 19.15.100, or any previously granted extension; City Response – City staff understands that the general contractor for the project is no longer working on the project and the owner cannot locate him. We understand that Tyler Hoang has recently been hired to represent owner Tuyen Dinh for this project going forward. Mr. Tyler Hoang Page 2 of 2 June 1, 2021 21-101673-00-AD Doc. I.D. 81398 (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 City Response – No open code violations or attractive nuisances are known to exist at the site. (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 concurrency reserved capacity. City Response – The project was approved under the stormwater design criteria of the 2009 King County Surface Water Design Manual (KCSWDM). At the time of this extension request, the city has adopted the 2016 KCSWDM. Since current regulations do not allow vesting to stormwater codes, the stormwater facilities for this project will need to be designed to the city-adopted manual that is in place at the time of a building permit application. The project is subject to a transportation impact fee (TIF). The actual impact fee will be calculated based on the fee schedule in effect at the time a building permit application is filed and must be paid before building permit issuance, per FWRC 19.100.070(3). No impacts to traffic concurrency reserved capacity are anticipated as a result of the delayed project. CONDITION OF APPROVAL • At the time of a building permit application, the applicant will need to design the stormwater systems for the project to meet the requirements of the stormwater manual that the city has adopted at that time. CLOSING This extension approval does not waive compliance with any codes or requirements of project approval and does not approve the pending building permit application. Should you have any further questions about this letter, please contact Senior Planner Becky Chapin at becky.chapin@cityoffederalway.com. Sincerely, Digitally Signed June 2, 2021, at 8:24 AM Brian Davis Director of Community Development c: Becky Chapin, Senior Planner Cole Elliott, Development Services Manager Sarady Long, Senior Transportation Planning Engineer