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08-102153CITY OF � Federal June 10, 2008 Mr. Jospeh Dominczyk ECNW 811 Porter Way Milton, WA 98354 CITY HALL 33325 8th Avenue South Way Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com Re: File #08-102153-00-AD; PROCESS III EXTENSION Church of Blessing New Sanctuary/School,1430 South 330'h Street, Federal Way Dear Mr. Dominczyk: On May 1, 2008, the City received your request to extend the land use approval for the above referenced project originally granted approval under file #02-101542-00-UP. BACKGROUND The City granted conditional Process III project approval to the phased conversion of a health club to a new church and school on May 23, 2003.1 Phase 1, which converted the existing building to the church, was completed in March 2005. Under Phase II, the rest of the old gym would be occupied with an expanded 876 seat church sanctuary, a kitchen and dining room, class rooms, and offices. Second floor additions within the former gym will create an additional 8,334 square feet of floor area for a total of 30,124 square feet. Phase II will also establish a private school for up to 300 children. Exterior work includes the addition of a 116 stall parking lot on the west and north sides of the building, facade improvements to match the approved architectural features, landscaping, storm drainage improvements, right-of-way improvements, and right-of-way dedication. Engineering plans for this phase of the project were submitted in July 20052 and to date; authorization to proceed has not been issued. As noted in the City's May 11, 2007, letter to David Thorstad, outstanding conditions from Process III approval and SEPA approval apply to Phase II of this application, including fees in the amount of $42,964.00, which must be paid before the issuance of any construction permits. TIME EXTENSION Under Federal Way City Code (FWCC) Section 22-408, "Lapse of Approval," the applicant must substantially complete construction for the development activity within five years after the final decision on the matter, or the decision becomes void 3 Under FWCC Section 22-409, the applicant may submit a request for a one time, one year extension of the land use approval, and the extension may be granted if ' 02-101542-00-UP, submitted April 12, 2002 2 05-103457-EN, submitted July 15, 2005 3 While the code does allow extension of time limits for phased construction, the original land use decision did not include this provision. File#08-102153-00-AD Doc ID 45796 Mr. Jospeh Dominczyk Page 2 June 10, 2008 criteria of FWCC Section 22-409(b) are met. Your letter of May 1, 2008, confirmed that the applicant has been working to resolve unique right-of-way issues that have delayed engineering plan final design and approval. The latest revisions were received on March 21, 2008, and approval is pending. APPROVAL Based on the completion of Phase I; the receipt of engineering plans and subsequent resubmittals based on technical comments, and the formal explanation of the project delay, as required under FWCC Section 22- 409(b), the applicant has demonstrated that substantial progress is being made on the development activity and circumstances beyond the applicant's control prevent compliance within the time limits of FWCC Section 22-408. Church of Blessing Phase II improvements approved under file #02-101542-00-UP are granted a one-time, one-year extension pursuant to FWCC Section 22-409. Unless modified or appealed, this project approval is extended for a period of one year from the effective date of the decision. If no further action is taken within one year, the decision becomes void. No further extensions are available. PROCEDURAL INFORMATION Any person who received a copy of this decision may appeal this decision. The appeal must be in the form of a letter delivered to the Department of Community Development Services (address above), and be accompanied by the established fee, within 14 calendar days after the effective date of tl;e decision. The effective date of the decision is June 13, 2008, or three days after the date of this letter. The appeal letter must contain a clear reference to the matter being appealed and a statement of the factual findings and conclusions of the Director of Community Development Services disputed by the person filing the appeal. This decision shall not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. Please contact Senior Planner Deb Barker at 253-835-2642 if you have any questions about this extension approval, or the Church of Blessing development application. Sincerely, Greg Fewins, Director Community Development Services c: Deb Barker, Senior Planner Scott Sproul, Assistant Building Official Ann Dower, Senior Engineering Plans Reviewer Sarady Long, Traffic Engineer Brian Asbury, Lakehaven Utility District Chris Ingham, South King Fire and Rescue David Thorstad, 406 South 289`h Street, Federal Way, WA 98003 Victor Tishychuk, Church of Blessing, 1430 South 330h Street, l`ederal Way, WA 98003 Victor Tishychuk, 316I7 Oh Avenue. SW, Federal Way, WA 98023 File#08-102153-00-AD Doc ID. 45796