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2010-05-18 HEX# 10-004 Exhibit D - RevCITY OF i-eeral June 10, 2008 Ms. Heidi Swartz Swartz Development 5724 30"' Avenue NE Seattle, WA 98105 CITY HALL �� 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cltyoffaderalway.cv 0 V Re: File #08-102181-00-AD; EXTENSION GRANTED Process IV Extension for the Cottages West and Village Green Phase H Developments Dear Ms. Swartz: On May 5, 2008, the City received your request to extend the land use approval originally granted by the Hearing Examiner for files 97-104602-00-UP (Village Green Phase II) and 00-104145-00- UP (Cottages West) for the above referenced projects. BACKGROUND Cottages West is the third and final phase of the Village Green senior housing development. Cottages West consists of 40 "cottage -styles' housing units located west of the Village Green Phase I and II development. On April 23, 2002, the Federal Way Hearing Examiner approved the Cottages West development with an extended eight -year phasing plan. The examiner approved the phasing plan and extended timelines for Cottages West were also approved for those unbuilt portions of Village Green Phase H. The timelines approved by the Federal Way Hearing Examiner expire on April 23, 2010. Your April 29, 2008, letter requests a one-time, one year extension of these approvals as provided under Federal Way City Code (FWCC) Section 22-458. You are requesting the extension in advance of the deadline to accommodate building permit review and construction activities timelines related to the phased building construction. Under FWCC Section 22-458, 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 criteria of FWCC Section 22-409(b) are met. APPROVAL To date, you have submitted permits for nine of the cottage units, and permits for four of the units have been issued. Based on the ongoing application review and construction, as well as your formal explanation of the status of the projects as required under FWCC Section 22-458(b), the City determines that substantial progress is being made on the development activity and 1 This "cottage -style" housing is unrelated to FWCC Chapter 22, Article XII, "Cottage and Compact Single -Family r Housing." pw File #OB-I02161-00-AD EH17.1, PAQ Ms. Heidi Swartz Page 2 June 10, 2008 circumstances beyond the applicant's control prevent compliance within the time limits of FWCC Section 22-457. The Village Green Phase H and Cottages West development approved by the Hearing Examiner on April 23, 2002, are granted a one-time, one-year extension pursuant to FWCC Section 22-458. Unless modified or appealed, the Hearing Examiner decision is extended for a period of one year from the effective date of the original decision and will expire on April 23, 2011. 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 the 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 Village Green/Cottages West developments. Sincerely, Greg Fewins, Director Community Development Services Enc: Approved site Plan for Cottages West and Village Green Phase II with Approved Timeline c: Deb Barker, Senior Planner Scott Sproul, Assistant Building Official Kevin Peterson, Engineering Plans Reviewer Sarady Long, Traffic Engineer Fie 909-102191-00-AD XH1131TL PAGE.�f &*.