15-103181FILE
July 27, 2015 Jim Ferrell, Mayor
Eagle Creek Land & Development LLC
15215 SE 272❑d Street, Suite 201
Kent, WA 98042
RE: Permit #15-103181-00-AD; EAGLE MANOR
*NO SITE ADDRESS*
Dear Mr. Goodwin:
The Community Development Department has received your request to extend the preliminary short
subdivision approval granted to Eagle Manor for two additional years. The referenced application is a
twelve -lot subdivision of parcel 8947200120 that was granted approval by the city on May 21, 2008. The
city's subdivision regulations allow the Director to administer extensions if criteria within Federal Way
Revised Code (FWRC) 18.05.090(2) can be satisfied.
Your request for a two-year extension to complete infrastructure improvements per the preliminary plat
approval is approved per the following conditions:
1. The applicant's engineer shall redesign the water quality facility to meet the design criteria of the
Enhanced Basic Water Quality menu of the 2009 KCSWDM, and shall also address BMP's for
subdivisions as required under the 2009 KCSWDM.
2. The applicant will be subject to the City Transportation Impact Fee as a replacement for the
City's prior method of pro -rats share contribution prior to plat recording (or as deferred per
FWRC 19.100.070 (3)(b)).
This decision of the Director of Community Development is based on the following findings prepared by
city staff.
Time Extension Criteria
Pursuant 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, subject to the following criteria.
In the interest of clarity, staff reviewing your request has responded to each criterion using information
provided by the applicant and relevant city policies justifying the extension approval.
(a) Except for the first request for time extension, the applicant has made substantial progress to
complete the plat;
Staff Response — This is the applicant's first request. Progress on improvements is not required to approve
the extension; therefore, staff finds criterion (a) has been met.
33325 8th Avenue South, Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com
Mr. Goodwin
July 27, 2015
Page 2
(b) There are circumstances beyond the applicant's control which prevent compliance with the time
limits;
Staff Response — The 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
impacts to 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) has been met per responses noted below.
(i) Whether the adoption of new codes and/or standards would substantially affect project layout and
storm drainage design;
Staff Response (1) — The following are the stormwater requirements, as a condition of approval of the plat
extension:
The stormwater systems currently designed for the plat meet the criteria of the 1998 King County Surface
Water Design Manual (KCSWDM). Approval of this plat extension requires that the stormwater systems
be designed to meet the criteria of the 2009 KCSWDM, including, but not limited to, the flow control
(detention) facility, water quality facility, and Best Management Practices (BMP's) for subdivisions.
Due to an existing downstream conveyance capacity constraint, the detention facility shall be designed to
meet the criteria of a Level 3 flow control facility. This conveyance constraint was identified previously,
and the proposed detention facility, as currently designed by Encompass Engineering, meets this level for
flow control from the 1998 KCSWDM. Because the current flow control design also utilized a pre -
developed condition of a fully forested site, the flow control facility, as currently designed, meets the
design requirements of the 2009 KCSWDM, and does not need to be re -designed.
The applicant's engineer shall redesign the water quality facility to meet the design criteria of the
Enhanced Basic Water Quality menu of the 2009 KCSWDM, and shall also address BMP's for
subdivisions as required under the 2009 KCSWDM.
(ii) The adequacy of mitigation and/or impact fees to address the cost of mitigation at the end of the
expiration period;
15-103190 Doc. I.D. 69952
Mr. Goodwin
July 27, 2015
Page 3
Staff Response — The applicant shall pay a Transportation Impact Fee (TIF) in lieu of the pro-rata
mitigation of $35,322 as identified in the 2006 concurrency decision. The traffic impact fee will be
determined by the fee schedule in effect at the time of the plat recording and must be paid at such time,
unless deferred per FWRC 19.100.070 (3)(b). For estimation purposes, the TIF fee (2014) rate is
approximately $3,205 per SF lot including administrative fee; or $38,463 for 12 lots.
(iii) Whether the delayed project is an impediment to other development projects in the vicinity as a
result of traffic concurrency reserved capacity.
Staff Response — The Public Works Department has determined the delay of an additional two years will
not affect capacity for other development projects in the vicinity.
Closing
This two-year extension approval expires July 6, 2017, or two years following the expiration of the
previously approved preliminary short subdivision extension. Please be advised that unless a future
extension is granted, Eagle Manor shall be completed per 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 Planning Intern Cory Darrow at 253-835-2622, or
cory.darrow@cityoffederalway.com.
Sincerely,
Isaac Conlen
Planning Manager
C_ Cory Darrow, Planning Intern
15.103181 Doe. I.D. 69952
A - _-
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June 30th, 2015
Matt Herrera
City of Federal Way
33325 81h Avenue South
Federal Way, Wa 98003
Matt,
It has been brought to our attention that our preliminary approved plat of Eagle Manor 12-105436-00-
EN will expire on September 2"d, 2015. We would like to request a two year extension per your revised
code; 18.05.090.
We have encountered substantial hardship on this project. This plat received preliminary approval in
2008, just prior to the financial market collapse. As a result, the viability of the project was greatly
impacted. We did not have the ability to finance the required improvements nor has there been any
interest or demand for the lots until just recently. Lot values dropped below the cost of the required
improvements.
The site has remained untouched and will not present itself to any code violations, erosion, or impacts
to public health or safety.
We would ask the city of Federal Way to approve our request to revise the allowed clearing limits to
reflect the city's current standards. We also understand and are willing to make certain code updates as
a condition of this approval.
Our intent is to start construction in April of 2016. The site improvements will be completed no later
than September 151h 2016, with final plat and recording not later than December 30th 2016. The
timeline is realistic and obtainable within the extension period. We have also enclosed a letter from our
lender, stating that financing is available for this project.
Thank u for our consideration,
nd Good dwin,
Eagle Creek Land & Development LLC
JUN 3 0 2015
CITY OF FEDERAL WAY
CDS
Federal Way Revised Code Page 1/1
18.05.090 Lapse of approval — Time extension.
(1) Application. No less than 60 days prior to lapse of approval under FWRC 18.30.260 and 18.35.220, or prior to
lapse of approval of any preceding time extension granted under this section, the applicant may submit a written
request in the form of a letter with supporting documentation to the department of community development services
requesting extension of those time limits of up to two years.
(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;
(b) There are circumstances beyond the applicant's control which prevent compliance with the time limits of
FWRC 18.30.260 and 18.35.220, or any previously granted extension;
(c)'Me 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
(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 a such a degree since initial approval that it would be
contrary to the public interest to extend the life of the plat, including but not limited to such factors as:
(i) Whether the adoption of new codes and/or 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.
The director may condition the extension request to satisfy criteria (2)(c) and (d) of this section as appropriate.
In order to demonstrate compliance with the criteria of this subsection (2), the applicant may also provide
pertinent documentation of financial backing, lease acceptance, or other such commitments secured by the
developer and/or agent as well as applicable project timelines with milestones and dates of anticipated
completion.
(3) Fee. The applicant shall include with the letter of request the hourly fee as established by the city. The request
will not be accepted unless it is accompanied by the required hourly fee.
(4) Review process. Each request for extension will be reviewed and decided upon by the director of community
development services who may grant up to a two-year extension(s) of approval.
(5) Appeals. Any person aggrieved by the granting or denying of a request for a time extension under this section
may appeal that decision. The appellant must file a letter of appeal indicating how this decision affects the
appellant's property and presenting any relevant material or information supporting the appellant's contention. The
appeal will be heard and decided upon using the appeal process described in FWRC 18.30.140 et seq. Any short plat
time limit, pursuant to Chapter 36.70B RCW, upon the city's processing and decision upon applications under this
title, except as otherwise specifically stated in this title, may be modified by a written agreement between the
applicant and the director of community development services.
(6) Retroactive applicability. The provisions of this section shall be retroactive to active and valid short plat, binding
site plan, and preliminary plat applications.
(Ord. No. 09-624, § 3, 9-15-09.)
JUN 3 0 2015
The Federal Way Revised Code is current through Ordinance 15-795, pa ed May 19; i T . OF FEDERAL WAY
CDS
0, Columbia Sank
COLUMBIA STATE BANK
City of Federal Way
Attn: Matt Herrara
June 30, 2015
Re: Eagle Manor project: Eagle Creek Land & Development, LLC — Members: Michael Chaffeur and
Randy Goodwin.
Mr. Herrara,
Eagle Creek Land & Development, LLC has been a customer of Columbia Bank since 2005 and has
performed as agreed. They've acquired, developed, and sold multiple properties during this time and
done so by staying within budget and full payment well ahead of maturity dates. Eagle Creek Land &
Development, LLC has availability for additional financing with Columbia Bank at this time and we
anticipate continued business from them throughout 2015 and beyond.
;Best R ds,
trick Horan
VP CRE Group
Columbia Bank
JUN 3 0 2015
CITY OF FEDERAL WAY
CDS
P.O. Box 2156 a Tacoma, Washington 98401-2156
Membei FDIC ci Equal Housing Lender