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11-103407CITY OF t Federal Way October 19, 2011 FILE CITY HALL 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com Jim Pirie, V.P., Special Assets Officer via e-mail: jim.pirie@umpquabank.com Umpqua Bank 1498 Pacific Avenue, Suite 400 Tacoma, WA 98402 RE: PERMIT #11-103407-00-AD; PRELIMINARY PLAT EXTENSION APPROVAL Campus Crest Preliminary Plat Dear Mr. Pirie: The Community and Economic Development Department has received your request to extend the preliminary plat approval granted to the Campus Crest subdivision' for two additional years. The referenced application is a 114-lot subdivision project granted preliminary plat approval by the Federal Way City Council on March 15, 2005? The city's subdivision regulations allow the director to administer extensions to preliminary plat approval 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 subject to the following conditions: The site shall be maintained in such a manner so as to 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. 2. The applicant shall pay either: a) The full pro-rata share traffic mitigation of $202,301.00 as identified in the 2004 State Environmental Policy Act (SEPA) determination shall be paid prior to final plat approval. If this payment option is selected by the applicant, the applicant therefore concurs that the identified pro-rata share mitigation of $202,301.00 can be used by the City towards any projects on the TIP project list; or b) The Transportation Impact Fee (TIF) currently estimated at $365,404 (2011 fee rate) as well as any SEPA project impacted by the project and not covered by the TIF. The actual impact fee will be calculated and paid at the time of final plat recording. As provided under FWRC 19.100.070(3)(b), the applicant may request deferral of the TIF. 3. Any subsequent extension may be subject to the Transportation Impact Fee as a replacement for the city's prior method of pro-rata share contribution. 'File #03-104293-00-SU 2 Under codes in effect at the time the preliminary plat application was granted, preliminary plat approval was valid for 5 years. In the case of this project, preliminary plat approval expired on March 14, 2010. A request for preliminary plat extension was under consideration when the State retroactively extended preliminary plat approval from five years to seven years, and the Campus Crest preliminary plat approval was extended to March 14, 2012. Mr. Jim Pirie October 19, 2011 Page 2 4. Should there be any subsequent extension request, the applicant may be required to redesign the project and conform with those surface water design standards that are in effect at the time of that request. 5. Prior to the preconstruction meeting and starting any construction, the developer shall provide `new' bonds that are acceptable to the City as well as any related fees. This decision of the Director of Community and Economic Development is based on the following findings. TIME EXTENSION CRITERIA AND FINDINGS The following is an excerpt of the plat time extension criteria from FWRC 18.05.090. 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. 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; Staff Response — This is the applicant's first request for an extension per subdivision time extension criteria adopted by the City Council under Ordinance #09-624, as the State in 2010 retroactively extended preliminary plat approval from five to seven years. The intent of the new ordinance, in part, is to grant relief to applicants that had received land division approval just prior to or during the current economic downturn. (b) There are circumstances beyond the applicant's control which prevent compliance with the time limits; Staff Response — Due to financial disruptions, the original developer halted infrastructure construction over three years ago. With the property currently in foreclosure, the bank has sought new development partners. Although interest has been expressed, plat approval could expire before all infrastructure work is completed, thus the extension request. 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 — The site conditions remain unchanged since development halted three years ago. The owner has complied with requests to eliminate conditions that could constitute code violations, attractive nuisances, erosion/sedimentation problems, or public health, safety and welfare concerns. 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 (&)-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 — The project is currently vested to stormwater design criteria of the 1998 King County Surface Water Design Manual (KCSWD1Vl). The City's adoption of the 2009 File 11-103407-AD Doc. LD. 58785 Mr. Jim Pirie October 19, 2011 Page 3 KCSWDM took effect on February 16, 2010. The Public Works Development Services Division has determined that should there be any subsequent extension request, the applicant may be required to redesign the project and conform with those surface water design standards that are in effect at the time of a subsequent extension request. (ii) The adequacy of mitigation and/or impact fees to address the cost of mitigation at the end of the expiration period; Staff Response — Subsequent to the Campus Crest preliminary plat approval, the city's method of mitigating new vehicle trips to the existing system was changed from a pro-rata share contribution to specific capital projects to a city-wide transportation impact fee (TIF). The Public Works department has determined that the original SEPA based pro-rata share mitigation fee of $202,301 is adequate only if those funds are expended towards any of the projects on the City's TIP list. Otherwise, with build -out of the subdivision project delayed, the transportation impact fee will more appropriately mitigate impacts at the end of the expiration period. The 2011 TIF rate is $365,404 and the actual fee is calculated and paid at the time of final plat approval. Also, any subsequent extension will be required to contribute an impact fee which will be assessed and due to the city at time of final plat recording. In either case, the impact fees will adequately address the cost of the 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. Staff Response — As conditioned, 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 March 14, 2014, or two years following the expiration date of the initial subdivision decision. Please be advised that unless a future extension is granted, Campus Crest shall be completed per conditions of preliminary approval, or the subdivision shall expire by limitations set forth in FWRC 18.30.260. If you have any questions regarding this extension, please contact Senior Planner Deb Barker at 253-835-2642 or deb.barker@cityoffederalway.com. Sincerely, Isaac Conlen, Planning Man er for Patrick Doherty, Director c: Mike Bauer, Via e-mail: mike@thereoservices.com Ken Miller, Deputy Public Works Director Kevin Peterson, Engineering Plans_ Reviewer Bill McCollum, PW Inspector Sarady Long, Senior Transportation Planning Engineer Scott Sproul, Plans Examiner Gordon Goodsell, South King Fire and Rescue Chris Ingham, South King Fire and Rescue John Jensen, Lakehaven Utility District Deb Barker, Senior Planner File 11-103407-AD Doe. I D 58785 LAKEHAVEN UTILITY DISTRICT MEMORANDUM Date: July 24, 2008 To: Mike Kerschner From: John Jensen RE: Landscape P Campus Crest Project No. 6305019 The Landscape Plans with July 14, 2008 date for the subject development are generally consistent with proposed the property layout shown on the water and sewer plans submitted to Lakehaven in conjunction with the referenced project. This Landscape Plans indicate two (2) separate water systems and two (2) separate sewer systems that are parallel to each other. My understanding there is only one water system and only one sewer system in the project. Lakehaven has not received or reviewed the water and sewer "as builts" plans. Therefore, the actual locations of the new water and sewer facilities cannot be confirmed until the "as builts" are submitted. Revise the plan to reflect the "as builts" and resubmit. There is an existing 20-foot Easement for Sewer Facilities (# 1026-997 recorded under Auditor's File No. 8711170788) copy enclosed, along the north end of the project and is parallel with SW Campus Drive for the existing 42-inch diameter sewer trunk. Lakehaven has not surveyed this sewer trunk to determine the specific location of it. The Landscape Plans indicate this sewer trunk, but does not identify the easement area. This easement states: "no building, wall, rockery, trees or structure of any kind shall be erected or planted, nor shall any fill material be placed with the boundaries of said easement." The Landscape Plan indicates trees within the ten feet (10') from the 42-inch sewer trunk and these trees are not on Lakehaven's approved list of trees. Please revise the plans to show and identify the boundaries of the easement and tree placement for review. Campus Crest Landscape Plan Review July 24, 2008 Page 2 If trees are to be located in the easement, there are only a few species allowed. The following table identifies acceptable Landscape Tree within Lakehaven Easement: Acceptable Landscape Tree within Lakehaven Easement _ Common Name Species Name Approved Miscellaneous *(see notes) Pyramidal Arborvitae Thuja occodentalis 2/21/06 Trunks minimum 18" offset `P aidalis' from edges of pipe/ facility Waxleaf Privet Ligustrum Japonicam 12/27/06 Trunks minimum 18" offset `Texanum' (L. texanum) from edges of pipe/ facility Saucer Magnolia Magnolia x soulangiana 12/27/06 Trunks minimum 18" offset from edges of pipe/ facility Slender Hinoki False Chamaecyparis Obtusa 11/28/07 Trunks minimum 18" offset ' Cypress Gracilis from edges of pipe/ facility Moonglow Juniper Juniperus Scopulorum 11/28/07 Trunks minimum 18" offset Moonglow from edges of pipe/ facility • NOTES: • * The center of the manhole cover is not necessarily the center of the manhole and centerline between manhole cover to manhole cover does not necessarily reflect the centerline of the pipe or facilities. • * Trunks at tree mature needs to a minimum of 18" from the edge of the pipe. ■ * Any proposed encroachment into Lakehaven easement requires approval from Lakehaven, including those types of landscaping listed above and an encroachment agreement. Please do not hesitate to contact me, if you have any questions. I may be reached by phone at (253) 946-5406, by electronic mail at jjensen@lakehaven.org, or by fax at (253) 529-4081. c: Isaac Conlen, City of Federal Way Bradley Design Group /enclosure FILE CITY OF ti. Federal Way September 19, 2011 CITY HALL 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com Mr. Jim Pirie, V.P. Special Assets Officer via e-mail: jimnirie@unW_ _ uabankcom Umpqua Bank 1498 Pacific Avenue, Suite 400 Tacoma, WA 98402 RE: FILE #11-103407-00-AD; CAMPUS CREST PRELIMINARY PLAT EXTENSION REQUEST Dear Mr. Pirie: The City's September 8, 2011, letter identified five issues at the partially constructed plat of Campus Crest that require resolution: 1. Erosion Control — Areas of the erosion control measures have become ineffective. Install and restore erosion control stabilization methods, including seed, mulch, silt fencing and rock, as appropriate. 2. Pond Maintenance — Verify that the pond outlet works properly. Cut trees and brush within the pond and remove sediment as needed to ensure outlet functions are maintained. 3. Utility Covers — Some utility covers have been removed or are exposed. Restore and secure covers on uncovered catch -basins and man -holes. 4. Conduit — Properly cover and/or bury the exposed power conduit located near the southern end of 12'h Avenue SW. 5. Access and Dumping — Garbage is being dumped onto the site and 4-wheel drive vehicles are tearing up the plat. Secure the site to ensure that vehicles cannot enter. Remove the garbage and continue to monitor the site. When these five issues are satisfactorily addressed, the City will grant a two-year extension to the preliminary plat approval to March 15, 2014. Please note that prior to restarting formal plat construction, new bonds, fees and insurance will be required. I can be reached at 253-835-2642 should you have any questions about this letter. Sin cerely, &AJQ,2_ Y Deb Barker Senior Planner c: Mike Bauer, via e-mail mike rt hereoservices.eom Ken Miller, Deputy Public Works Director Kevin Peterson, Engineering Plans Reviewer Sarady Long, Senior Traffic Engineer Bill McCollum, PW Inspector Chris Ingham, South King Fire and Rescue Brian Asbury, Lakehaven Utility District Doc. I.D. 59955 CITY OF ti. Federal Way September 8, 2011 i CITY HALL 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com Mr. Jim Pirie, V.P. Special Assets Officer via e-mail: iinrpirie@uiiipgieabarrk.corn Umpqua Bank 1498 Pacific Avenue, Suite 400 Tacoma, WA 98402 RE: FILE #11-103407-00-AD; CAMPUS CREST PRELIMINARY PLAT EXTENSION REQUEST Dear Mr. Pirie: The City is in receipt of your August 19, 2011, request to extend the preliminary plat approval of the Plat of Campus Crest for an additional two years. This letter provides background information and status of the Campus Crest preliminary plat application, and identifies life/safety issues that must be addressed in advance of granting your request for an extension. Background The March 15, 2005, Campus Crest preliminary plat approval was set to expire five years after plat approval, or March 14, 2010. The City received a preliminary plat extension request prior to the expiration deadline. In a May 28, 2010 letter, the City stated that the expiration date of the Campus Crest Preliminary Plat would be seven years from the date of preliminary plat approval, or March 15, 2012, based on the rules passed by the Washington State Legislature. Subsequent to the city's May letter, the property owner had, at the request of the City, abated outstanding hazardous and unsafe conditions at the Campus Crest plat. Outstanding Issues As of this date, city staff have reviewed your extension request and inspected the site to check on existing conditions of the mothballed development. Of concern are ongoing life, safety, and maintenance issues that are a result of the plat not being finished. Once these issues have been resolved, the extension request to the preliminary plat can be approved.' Erosion control — Areas of the erosion control measures have become ineffective. Install and restore erosion control stabilization methods, including seed, mulch, silt fencing and rock, as appropriate. 2. Pond maintenance — Verify that the pond outlet works properly. Cut trees and brush within the pond and remove sediment as needed to ensure outlet functions are maintained. 3. Utility Covers — Some utility covers have been removed or are exposed. Restore and secure covers on uncovered catch -basins and man -holes. 4. Conduit — Properly cover and/or bury the exposed power conduit located near the southern end of 12`h Avenue SW. 1 Note that additional storm drainage and traffic mitigation requirements may be imposed if the plat is not finished within two years of approved extension deadline. Mr. Pirie September 8, 2011 Page 2 5. Access and dumping —Garbage is being dumped onto the site and 4-wheel drive vehicles are tearing up the plat. Secure the site to ensure that vehicles cannot enter. Remove the garbage and continue to monitor the site. When you have completed these items, please contact Public Works Inspector Bill McCollum at 253-835- 2741 for a follow-up inspection. Following a successful inspection, the City will be able to grant an extension to the preliminary plat approval that will detail specific conditions should the plat not be constructed within the extension window. I can be reached at 253-835-2642 should you have any questions about this letter. Sincerely, Deb Barker Senior Planner c: Mike Bauer, via e-mail mi1;e tr thereoservices.com Ken Miller, Deputy Public Works Director Kevin Peterson, Engineering Plans Reviewer Sarady Long, Senior Traffic Engineer Bill McCollum, PW Inspector Chris Ingham, South King Fire and Rescue Brian Asbury, Lakehaven Utility District 11-103407 Doc. I.D. 58828 31405 -18th Ave. 5., Federal Way Federal Way, WA Public Schools 98003-5433 Phone: (253)-945-2000 www.Amas.or9 June 27, 2011 RECEIVED Deb Barker JUN 2 8 2011 City of Federal Way 33325 8ch Ave S CITY OF FEDERAL WAY Federal Way WA 98003 CDS RE: Campus Crest Development Due to changes in enrollment, our district has made the decision to change the existing boundary areas. Under the current boundaries, students residing in this development would attend Sherwood Forest Elementary, Illahee Middle School, & Todd Beamer High School. With this boundary change, the resident schools for this area would change to Silver Lake Elementary, Saghalie Middle School, & Decatur High School. Silver Lake Elementary & Decatur High School students in this area will receive transportation. Students attending Saghalie Middle School are in the walking area for the school. Bus stops to Silver Lake and Decatur will be established once students reside in this area. Bus stops and times are reviewed annually and published for the upcoming school year in August. If you have any questions or need additional information, please contact Tanya Nascimento at (253)945-2071. Sincerely, Sally D. McLean Assistant Superintendent: Business Services cc: Alma Dansby Mark Davidson Carol Matsui Joshua Garcia Cindy Wendland Kristi White Laura Davis Brown Tom Leacy Barbara Bergman Jerry Warren Randy Kaczor Silver ake Attendant.: Area Date:6/22/11 0 0.05 0.1 0.2 0.3 0.4 Miles . 002 6 0 0 N O o�0 N N kD N Decatur Attendance ►wrea Date: 6/22/11 0 0.15 0.3 0.6 0.9 1.2 Miles CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: August 22, 2011 TO: Kevin Peterson, Engineering Plans Reviewer Sarady Long, Senior Transportation Planner Scott Sproul, Assistant Building Official Brian Asbury, Lakehaven Utility District Chris Ingham, South King Fire & Rescue FROM: Deb Barker FOR DRC MTG. ON: September 1, 2011 FIDE NUMBER(s): 11-103407-00-AD RELATED FILE NOS.: 03-104293-SU PROJECT NAME: CAMPUS CREST - PRELIMINARY PLAT EXTENSION REQUEST PROJECT ADDRESS: 700 SW CAMPUS DR ZONING DISTRICT: RM 3600 (Single family construction in RM authorized by the Concomitant Agreement) PROJECT DESCRIPTION: Request for 2-year extension of preliminary plat approval to 2014. Expires on March 15, 2012. PROJECT CONTACT: Jim Pirie, V.P., Special Assets Officer Umpqua Bank 1498 Pacific Avenue, Suite 400 Tacoma, WA 98402 253-926-4112 MATERIALS SUBMITTED: Letter dated August 19, 2011 Campus Crest Properties, LLC, 1952.0903241 NOTICE OF POSTPONED TRUSTEE'S SALE Pursuant to RCW 61.24.040(6), you are hereby notified that the undersigned Trustee will on October 14, 2011 at 10:00 am outside the Fourth Avenue entrance to the King County Administration Building, 500 4th Avenue, in the City of Seattle sell at public auction to the highest and best bidder, payable at the time of the sale, the following described real property, situated in King County, State of Washington. See Exhibit'A', which is attached and made a part of this as if fully set forth herein Which is subject to that certain Deed of Trust recorded under Recorder's/Auditor's Number 20071022001617 , in the Official Records of King County. Said Trustee's Sale was originally scheduled for July 15, 2011 pursuant to the Notice of Trustee's Sale recorded in the Official Records of King County, Washington, under Recorder's/Auditor's No. 20110415001320 , and has been continued by public proclamation to the date, time and place specified above. DATED: August 12, 2011 Bishop, White, Marshall & Weibel, P.S. RIM 720 Olive Way,•Suite 1201 Seattle, WA 98101 (206) 622-7527 NOTICE OF POSTPONED TRUSTEE'S SALE - 1 Fc wa NoticePostponement EXHIBIT "A" THOSE PORTIONS OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, ALL IN SECTION 19, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, SAID PORTIONS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 19; THENCE ALONG THE EAST/WEST CENTERLINE OF SAID SECTION 19 SOUTH 88°58'22" EAST 1,282.94 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID NORTHWEST QUARTER; THENCE ALONG THE WEST LINE THEREOF NORTH 01013'12" EAST 202.55 FEET TO THE NORTHWESTERLY LINE OF THAT CERTAIN EASEMENT GRANTED TO THE UNITED STATES OF AMERICA FOR ELECTRICAL TRANSMISSION LINES BY DOCUMENTS RECORDED UNDER RECORDING NOS. 3194572, 3258849 AND 5029580, IN KING COUNTY, WASHINGTON, AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE AND THE WEST LINE OF SAID NORTHEAST QUARTER OF SAID NORTHWEST QUARTER NORTH 1 ° 13' 12" EAST 1,502.83 FEET TO A POINT ON THE SOUTHERLY MARGIN OF THE LANDS DESCRIBED IN DEED RECORDED UNDER RECORDING NO. 8501170665, IN KING COUNTY, WASHINGTON, SAID POINT BEING ON A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 842,00 FEET AND TO WHICH POINT A RADIAL LINE BEARS SOUTH 47011'42" WEST; THENCE ALONG SAID MARGIN SOUTHEASTERLY AND EASTERLY 801.22 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 54031'16" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 618.00 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS NORTH 07°19'34" WEST); THENCE CONTINUING ALONG SAID MARGIN EASTERLY AND SOUTHEASTERLY 647.38 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6000I'11" TO SAID NORTHWESTERLY LINE OF THAT CERTAIN EASEMENT GRANTED TO THE UNITED STATES OF AMERICA FOR ELECTRICAL TRANSMISSION LINES BY DOCUMENTS RECORDED UNDER RECORDING NOS. 3194572, 3258849 AND 5029590, IN KING COUNTY, WASHINGTON; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 52"58'44" WEST 1,662.66 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. NOTICE OF TRUSTEE'S SALE - 5 Fcwantsnof3 18 2010