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20-100530CITY OF �. Federal April 8, 2020 Mr. Gerald Marie 33049 Military Road South Federal Way, WA 98001 gerald.marie@macys.com 33325 81h Avenue South Federal Way, WA 98003-6325 Wayr�� 253-835-7000 y � www.cityoffedQCglway.com Jim Ferrell, -Mayor Re: Files 20-100530-AD & 07-103617-SU; EXTENSION REQUEST Marie Short Plat; 33049 Military Road South, Federal Way Dear Mr. Marie: The Department of Community Development received your February 10, 2020, request to extend the preliminary short subdivision approval granted for the Marie Short Plat for two additional years. The referenced application is a four -lot short subdivision granted approval by the city on March 6, 2008, under file 07-103617-SU. Previously, the city has granted five, two-year extensions to the short plat approval as follows: March 9, 2010; July 11, 2012; March 6, 2014; March 25, 2016; and February 27, 2018. 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 for the Marie Short Plat is hereby denied, based on the responses to extension criteria below. TIME EXTENSION CRITERIA — FINDINGS The following is an excerpt of the plat time extension criteria from FWRC 18.05.090. In the interest of clarity, staff reviewing the request has responded to each criterion using information from the associated Marie Short Plat file and prior extension files; information provided by the applicant; and relevant city policies justifying the extension request denial. An extension request shall satisfy all 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 criterion has not been met. Engineering plans for the required infrastructure improvement have never been submitted to the city since preliminary short plat approval in 2008. The city staff has not seen any substantive action on the short plat since the city approval in 2008. The only city approvals that have occurred for the short plat approval since 2008 are the five prior time extensions. The applicant's February 9, 2020, letter to the city submitted with the extension request does not identify any progress toward engineering plan preparation and plat infrastructure construction. (b) There are circumstances beyond the applicant's control, which prevent compliance with the time limits; Mr. Gerald Marie Page 2 of 3 April 8, 2020 Staff Response — The preliminary short plat approval has been in place for 12 years, and engineering plans have not been submitted to the city. Therefore, none of the city required short plat improvements have been approved or constructed. From the February 9, 2020, information received from the applicant, the applicant has been working with his mortgage company on financing issues related to the short plat. This criterion has not 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 preliminary short plat approval was granted; therefore, code violations, attractive nuisances, erosion/sedimentation problems, and public health, safety, and welfare are not factors in this decision. (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, including but not limited to such factors as identified in i — iii below. Staff Response — Staff finds this criterion is not met based on the following factors: • Water and sewer availability certificates for the short plat from Lakehaven Water and Sewer are dated June 5, 2007. These certificates are valid for one year from issuance and therefore, expired approximately 12 years ago. • The February 27, 2018, extension approval issued by the city includes a condition that any further extension request would also require submittal of a new transportation concurrency application to the city. A transportation concurrency application and associated fee has not been submitted to the city since the February 27, 2018, extension approval. • City of Federal Way codes that have changed or been modified since the 2008 preliminary short plat approval, and relative to the project, include, but are not limited to the following: transportation concurrency; traffic impact fee collection process; Surface Water Design Manual; and subdivision and short plat code revisions. In addition, the city policy on open space applicability to short plats has been modified since 2008. Extending the life of the short plat approval would be considered contrary to the public interest, since the code changes and requirements identified above were changed to reflect more appropriate and current local, state, and federal policies, regulations, and mandates. (i) Whether the adoption of new codes and/or standards would substantially affect project layout and storm drainage design; Staff Response — City adoption of updated codes and policies identified above may affect the short plat's preliminarily approved layout and stormwater drainage design. Without conducting a full review of the previous codes and current codes relative to the short plat, city staff cannot determine if the changes would substantially affect the layout. However, staff is aware of significant changes between the 1998 King County Surface Water Design Manual (KCSWDM) under which the current plans were designed, and current regulations. In order to maintain consistency with regulations set forth in the city's National Pollution Discharge and Elimination System (NPDES) municipal stormwater permit, and the FWRC, the applicant is required to design a flow control and detention facility utilizing the currently adopted KCSWDM and any City of Federal Way Addendum thereto. 30-100530-AD Doc ID 80333 Mr. Gerald Marie Page 3 of 3 April 8, 2020 (ii) The adequacy of mitigation and/or impact fees to address the cost of mitigation at the end of the expiration period; StaffResponse — Impact fee collection process has been changed in the FWRC since the 2008 preliminary short plat approval. (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 — This criterion has not been met. The project would need to submit a traffic concurrency application with the appropriate application fee to the city's permit center and reviewed by the Public Works Department to determine if the proposal meets the city's adopted concurrency requirements. As previously stated, the February 27, 2018, extension approval issued by the city includes a condition that any further extension request would also require submittal of a new transportation concurrency application to the city. A transportation concurrency application and associated fee has not been submitted to the city since the February 27, 2018, extension approval. CLOSING This two-year time extension request is denied based on the "Time Extension Criteria Findings" above. The Marie Short Plat under file 07-103617-SU is therefore expired as set forth in FWRC 18.30.260. Pursuant to FWRC 18.05.090(5), any person aggrieved by this decision may appeal the decision by April 27, 2020, which is 14 days after issuance of the decision (three days following the decision date). Any appeal of the decision shall be filed with the City Clerk's office and must include the appeal fee of $1,152.00. 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. If you have any questions regarding this decision, please contact Senior Planner Jim Harris at jitn.harris citvoffedezahv2%,.com. Sincerely, &�V� - Brian Davis Director of Community Development c: Jim Harris, Senior Planner Ann Dower, Senior Engineering Plans Reviewer Sarady Long, Senior Traffic Engineer Federal Way Permit Center City Clerk Office Brian Asbury, Lakehaven Water and Sewer, basbu a .lakehaven.org John Jensen, Lakehaven Water and Sewer, penicnC-lakehaven.orp, 20-100530-AD Doc ID 80333 RESUBMITig Lakehaven MAR 02 r-'iv► WATER & SEWER DISTRICT PMUrOFFEDE Fry 31627 1st Avenue South • P.O. Box 4249 * Federal Way, WA 98063-4249T�� ��At 253-941-1516 Federal Way * 253-927-2922 Tacoma . www.takehaven.org February 20, 2020 Gerald Marie 33049 Military Road South Federal Way, Washington 95001 RE: Marie Short Plat Amendment Transmittal Project No. 63070020 Mr. Marie: Enclosed is the Amendment to the agreement for the referenced project. This Amendment extends the expiration date to March 6, 2022. Please have the appropriate party, or parties, execute (with notary) and return the Amendment to this office. You will receive a fully executed copy by return mail. Please do not hesitate to contact me if you have any questions. I may be reached by phone at 253-946-5406 or by electronic mail at jjensen@Lakehaven,org. Sincerely, .�`' `fJ khn A Jens/en Engineering Technician II Enclosures and WHEREAS, following execution of the 3rd Amendment, the parties executed a fourth Amendment ("4th Amendment', which is dated FEBRUARY 13, 2018, and recorded under King County Auditor's File No. 20180606001028, providing for the extension of the completion date, and WHEREAS, the Developer has requested another extension of time in the construction period provided for in the Agreement, to accommodate Developer's construction schedule; NOW, THEREFORE, BE IT AGREED as follows: 1. It is agreed that the original completion date set forth in Paragraph No. 1 of the 4th Amendment shall be extended to MARCH 6, 2022, in conformance with the provisions set forth therein. 2. All other terms and conditions of the Agreement as originally executed, or as amended by the Amendments referenced herein, shall remain in full force and effect. DE Agr Amend 2020-6307020 (Form Rev. 1/16/15) Page 2 of 3 WITNESS our hands and seals. 2 Am, CG Gerald A. Marie (date) LAKEHAVEN WATER & SEWER DISTRICT King County, Washington Development Engineering Supervisor "/M '7,f Dated: Debra N. Marie (date) STATE OF ) SS. County of ✓ r' f I certify that I know or have satisfactory evidence that _ G ��o-�) Ma--' e i`e — - — is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the instrument. NATALIYA A KHOCHAY NOTARY PUBLIC STATE OF WASHINGTON My commission Expires February 28, 2022 For recording in the State of Washington, the Notarial Seal must be fully legible and cannot intrude into document margins. Please affix seal in the space provided. DATED: 02-ZY-7� C�1 (Signature) Notary Public Title r My appointment expiresba�.. Z� DE Agr Amend 2020-6307020 (Form Rev. 1/16/15) Page 3 of 3 Marie Short Plat Investment Analysis All items listed below are verifiable with receipts upon request. Please note, we have paid in full for all development costs with our own funds and have not incurred any debt or unpaid balances for the existing infrastructure engineering and utility installation. ■ Cutting Edge Development = $57,000.00 • Engineering = $22,000.00 • Lakehaven Utility District = $12,000.00 • Surveying = $4,000.00 • City of Federal Way = $3,000.00 • Puget Sound Energy = $2000.00 • Insurance = $2000.00 Total Current Investment = $102,000.00 We are financially capable to continue with said project development at this time. Thank you for your consideration, W/4 - Gerald Marie 9ESUBMITTED Gerald Marie MAR 0 2 2020 L;F Y OF FEDERAL way From: Capitena Wunder, Juliann <Juliann.CapitenaWunW"04PWl-QPMEt, T Sent: Wednesday, February 26, 2020 1:37 PM To: Gerald Marie Subject: partial release EXT MSG: To Whom it may Concern; Fifth Third Bank is currently reviewing the request for a partial release on the property owned by Gerald Marie. Underwriting is reviewing the guidelines of the investor in order to advise Gerald Marie what else will be needed to complete the partial release process. Thank you for your considerable patience in this matter. Regards, Juli Capitena Wunder Mortgage Support I Legal Support Specialist �Fifth Third Bank 1 5001 Kingsley Dr I M1 MOBAT I Cincinnati, OH 45227 : D 513,358.5715 1 fax: 513.358.3441 iuiiann.capitenawunder@53.com alternate email: or)s.mllecial.bancorr)@53.com Tuesday -Friday 7:30-6:00 This e-mail transmission contains information that is confidential and may be privileged. It is intended only for the addressee(s) named above. If you receive this e-mail in error, please do not read, copy or disseminate it in any manner. If you are not the intended recipient, any disclosure, copying, distribution or use of the contents of this information is prohibited. Please reply to the message immediately by informing the sender that the message was misdirected. After replying, please erase it from your computer system. Your assistance in correcting this error is appreciated. This is an EXTERNAL EMAIL. Stop and think before clicking a link or opening attachments. Gerald Marie RESUBMITTED From: Jim Harris <Jim.Harris@cityoffederalway.com> MAR 0 2 2020 Sent: Monday, February 24, 2020 2:47 PM C[TY OF FEDERAL WAY To: Gerald Marie MM,MUNITY DEVELONEN7 Subject: Plat extension request file 20 100530 AD Marie Short Plat Attachments: 129 Resubmittal Information.pdf -r\ EXT MSG: Gerald Marie — I have been assigned to respond to you plat extension request. In order to further evaluate the request, please provide at a minimum the following; o Any documentation you have regarding working with your mortgage company which shows any progress to furthering the plat, which is referenced in your February 9, 2020 letter; • Any documentation with LUD as referenced in your letter; • Any and all documentation with / from your engineer which shows progress toward submitting engineering plans for the plat infrastructure; O Any other documentation of progress on the application. Please submit this in hard copy to the permit center along with the attached resubmittal sheet by March 6, 2020. Jim Harris Senior Planner Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Phone:253/835-2652 Fax: 253/835-2609 www. citvoffe de r_a I way.com Office Hours Mon - Thur, 8:00 AM — 4:30 PM or by appointment y This is an EXTERNAL EMAIL. Stop and think before clicking a link or opening attachments. CITY OF Federal lay DEPARTMENT OF COMMUNITY DEVELOPMENT M 33325 8''` Avenue South Qe[Jf"RFk, WAY Federal Way, WA 98003-6325 µ11N�f op Lop253-835-2607; Fax 253-835-2609 11wW.C!tVffcdcra1wa .CQl?l RESUBMITTAL INFORMATION This completed form MUST accompany all resubmittals. Additional or revised plans or documents for an active project will not be accepted unless accompanied by this completed form. Changes to drawings must be clouded. Applicants will be required to affix the city's date stamp on each page of resubmitted plans and to collate loose plans into existing plan sets. You are encouraged to contact the Permit Center prior to submitting if you are not sure about the number of copies required. ace - 100s30 Project Number: Project Name:/1 Sao r Q� Project Address: 3 Project Contact: ' : Phone: �6 30 �`( Email RESUBMITTED ITEMS: # of Copies DETAILED Description of Item Resubmittal Requested by: Letter Dated: (StalflvTemberj OFFICE USE ONL Y RESUB A" � Distribution Da#e.• 3 Z 2-0 S . �\ Dept/Div Name # Description 6uildin Planning PW Fire Other 00 \ Bulletin #129 —September 24, 2018 Page 1 of I k:\Handouts\Resubmittal Information �ECEIVED CITY of �� FEB 10 2020 Federal Way C' OF FEpEILIL WAY COMMUNMY pEVELOpMENT REQUEST ! ADMINISTRATIVE DECISION COMMUNITY DEVELOPMENT DEPARTMENT 33325 8`h Avenue South Federal Way, WA 9800 253-835-2607;Fax 253-835-2609 www.cil offederalwa .com FILE NUMBER QZ - 1 O 0— � © Date a0 Applicant NAME BUSINESS / ORGANIZATION MAILING ADDRESS CITY Property Description of Request PRIMARY PHONE ALTERNATE PHONE +1 ' _0 "i E-MAIL •_� -?- STATE ZIP FAX 9c600 1 i Li"escribe Attachments For Staff Use ❑ Code Interpretation/Clarification ❑ Critical Areas Letter/Analysis/Peer Review Request for Extension (Land Use/Plat Approval) ❑ Revisions to Approved Permit ❑ Tree Removal ❑ Zoning Compliance Letter ��1 Bulletin #079 — January 4, 2016 Page 1 of 1 k:\Handouts\Request for Administrative Decision February 09, 2020 RE: City of Federal Way DCED File #12-102102-00-AD Marie Short Plat 33049 Military RD S Federal Way, WA 98001 Preliminary approval granted 03/06/08 Current Extension Expires 03/06/2020 Dear Community and Economic Development Department, I Gerald Marie hereby request a two-year extension on my approved preliminary Marie Short Plat # 12-102102-00-AD, property is located at 33049 Military RD S Federal Way, WA 98001. I hereby acknowledge: • We have now resided on the property for a minimum of two years to finish said project and avoid negative tax implications. ■ We are currently working with our mortgage company for partial release of interest to finish plat. Any questions about the release please contact Juli Wunder C/O Fifth Third Bank, 'uliann.ca itenawunder 53.corn (513) 358-5715 # M/L XXXXXX 1549-MARIE. ■ Verifiable funding to update plat to 2016 KCSWD BMP criteria and to complete final plat requirements. • LUD has covered entire plat with a `Blanket Easement" for the infrastructure construction phase. • Plat completion to coincide with COFW and LUD two year extension approvals through 03/06/2022. In closing: My wife and I are forty four year residents of Federal Way. The existing house and short plat property remain in excellent condition, creating no code violations, attractive nuisance issues and or erosion and sediment problems in the area. The existing home and property do not have any negative impact to public health, safety or welfare. Thank you for your consideration. Sincerely, Gerald Marie