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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 - _- 103►�� - D 0 is 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