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19-104498'IECEIVED 14k REQUEST FOk ADMINISTRATIVE DECISION CITY OF COMMUNITY DEVELOPMENT DEPARTMENT r SEP 18 2019 33325 8"' Avenue South Federal Way Federal Way, WA 98003 CITY OF FEDERAL WAY 253-835-2607; Fax 253-835-2609 COMMUNfTY DEVELOPMENT www.cit offedenttwn .c tm 1 /01/ Lll� F - A 6 ho//9 FILE NUMBER 1 8 - 1 0 Applicant 3 8 4 8 Date 09/11/2019 NAME PRIMARY PHONE Lorelei Foronda, Md7 Agent, obo Sprint 858-754-2151 BUSINESS/ORGANIZATION ALTERNATE PHONE Md7, LLC MAILING ADDRESS E-MAIL 10590 W. Ocean Air Dr. Ste. 300 lforonda@md7.com CITY STATE ZIP FAX San Diego I CA 192130 Property Address/Location 2649 S. Star Lake Rd. Federal Way, WA 98003 Description of Request Sprint is requesting an extension for Permit #18-103848-00-UP. The permit is set to expire on 09/20/2019. Under 19.15.110 2 c , this request to extend will not create or continue conditions that that constitue a code violation or an attractive nuisance, contribue to erosion and sedimentation problems, or impact the public health, safety and welfare as the delay is due in part to negotiations between Sprint and the Landlord on the financial lease terms; which has since been resolved. Under 19.15.110 (2)(d), our application does not affect any of the set forth criteria. List/Describe Attachments For Staff Use ❑ Code Interpretation/Clarification ❑ Critical Areas Letter/Analysis/Peer Review ❑ Request for Extension (Land Use/Plat Approval) ❑ Revisions to Approved Permit ❑ Tree Removal ❑ Zoning Compliance Letter Bulletin #079 —December I l , 2018 Page I of 1 k:\Handouts\Request for Administrative Decision CITY OF , . Federal Way Centered on Opportunity September 26, 2019 Ms. Lorelei Foronda MD7, LLC 10590 West Ocean Air Drive, Suite 300 San Diego, CA 92130 Iforonda a md7.com CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www, cityoffederalway com Jim Ferrell, Mayor Re: File #19-104498-AD; USE PROCESS I APPROVAL EXTENSION Star Lake Water Tank — Sprint SE52XC241, 2649 South Star Lake Road, Federal Way, WA Dear Ms. Foronda: The Community Development: Department is in receipt of your September 24, 2019, request for a one-year extension for city file 18-103848-UP, for the proposed eligible facilities request to modify an existing Personal Wireless Facility (PWSF) located at the above -mentioned address. The city's zoning and development regulations allow the director to administer extensions if the review criteria of Federal Way Revised Code (FWRC) 19.15.110(2) are satisfied. The Use Process I approval is hereby extended to expire September 23, 2020. TIME EXTENSION CRITERIA Pursuant to FWRC 19.15.110(4), "Lapse of Approval — Time Extension," the director may grant a one-year extension of time for Use Process I applications in order to substantially complete construction and applicable conditions of approval, subject to the following criteria. City staff reviewing your extension request responded to each criterion using information provided by the applicant and relevant city policies justifying the extension approval. Please see the analysis below: (a) Except for the first request for time extension, the applicant has made substantial progress to complete the project; Staff Response — This is the applicant's first request; staff finds criterion (a) has been met. (b) There are circumstances beyond the applicant's control which prevent compliance with the time limits; Staff Response — The application was in negotiations with the landlord on financial lease terms, which has now been resolved. 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; Sta$Response — Site conditions have remained unchanged since the eligible facilities request was granted approval; therefore, code violations, attractive nuisances, erosion/sedimentation problems, and impacts to public health, safety, and welfare have not and should not arise due to the extension approval. Staff finds criterion (c) has been met. Ms. Lorelei Foronda Page 2 of 2 September 26, 2019 (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. Staff Response — Staff finds criterion (d) has been met per the responses noted below. (i) Whether the adoption of new coder and/or standards would substantially affeaproject layout and storm draina8e design; Staff Response — The approved request seeks to change equipment on an existing facility and is not influenced by the adoption of new codes and/or standards that would affect project layout and storm drainage design. Staff note criterion (d)(i) has been met. (ii) The adequacy of mili ation and/or impact fees to adds-esr the cost of mitiSation at the end of the e,%piration period; Staff Response — The proposal will not generate any net new trips during the weekday PM peak period, as such mitigation and/or impact fees requirements do not apply to this proposal. Staff note criterion (d)(ii) has been met. (iii) Whether the delayed project is an impediment to other development projects in the vicinity as a result of tr alTic coneurrency reserved capacity. Staff Response — Staff has determined a project delay will not be an impediment to other development projects. Staff note criterion (d)(iii) has been met. APPROVAL Your request for a one-year extension is hereby APPROVED. CLOSING This one-year approval extension will expire on September 23, 2020, or one year following the expiration of the initial Use Process I approval (18-103848-UP). Please be advised unless future extensions are granted, the modifications to the existing Personal Wireless Facility (PWSF) shall be completed per the Use Process I approval, or the project will expire by the limitations set forth in FWRC 19.15.100(1). If you have any questions regarding this letter, please contact me at 235-835-2622, or william.goldin t .cit;oFfc�irrahv�.com. Siin�4� ceerely, William Golding Planning Intern 19-104498-00-AD Doc. I.D. 79652