10-1006191�kFCITY
ederal Way
March 9, 2010
Gerald Marie
33049 Military Road South
Federal Way, WA 98001
i
CITY HALLFiLE
33325 8th Avenue South
Mailing Address: PO Box 9718
Federal Way, WA 98063-9718
(253) 835-7000
www. cityoffederal way. com
Re: File #10-100619-00-SU; SHORT SUBDIVISION EXTENSION APPROVAL
Marie Short Plat, 33049 Military Road South, Federal Way
Dear Mr. Marie:
The Department of Community Development Services has received your request to extend the
preliminary short subdivision approval granted to the Marie Short Plat for two additional years. The
referenced application is a four -lot short subdivision granted approval by the city March 6, 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 short
plat approval is approved based on the following responses to extension criteria presented to the Director
of Community Development Services.
TIME EXTENSION CRITERIA
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 the recently adopted
subdivision time extension criteria adopted by City Council Ordinance 09-624. The intent of the new
ordinance, in part, is to grant relief to applicants that had received land division approval just prior or
during the current economic downturn.
(b) There are circumstances beyond the applicant's control which prevent compliance with the time
limits;
Staff Response — The current 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;
Mr. ivlarie
March 9, 2010
Page 2
Staff Response — Site conditions have remained unchanged and unimproved since the development
was granted approval; therefore code violations, attractive nuisances, erosion/sedimentation
problems and 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 — The project is currently vested to stormwater design criteria of the 1998
King County Surface Water Design Manual (KCSWDM) and adoption of the 2009
KCSWDM took effect February 16, 2010. The Public Works Department Development
Services Division has determined that the flow control and water quality features proposed
for the short subdivision will not substantially affect the 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;
Staff Response — During the short plat application process, the applicant's coneurrency
analysis resulted in the proposal affecting two projects from the city's six -year Transportation
Improvement Plan (TIP). The City Traffic Engineer has determined the pro-rata share of
$5,209.00 adequately addresses the cost of mitigation at the end of the two year extension
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 mentioned previously, the'two TIP projects affected by the short
subdivision will require a pro rata share contribution. The delay of an additional two years
will not be an impediment to other development projects in the vicinity.
CLOSING
This two-year extension approval expires March 6, 2012, or two years following the expiration date of the
prior one-year extension. Please be advised that unless a future extension is granted, the Marie Short Plat
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 Matthew Herrera, Associate Planner, at 253-835-2638 or matt.herrera@cityoffederalway.com.
Sincerely,
An
Greg Fewins, Director
Community Development Services
c; Ken Miller, Deputy Director of Public Works Matthew Herrera, Associate Planner
Ann Dower, Senior Engineering Plans Revievcer Maryanne Zukowski, Senior Traffic Engineer
10-100619
Doc 1 D i1167
CITY OF FEDERAL WAY
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL
DATE:
TO:
FROM:
FOR DRC MTG. ON.
FILE NUMBER(s):
RELATED FILE NOS.:
PROJECT NAME:
PROJECT ADDRESS:
ZONING DISTRICT. -
PROJECT DESCRIPTION:
LAND USE PERMITS:
PROJECT CONTACT.
BACKGROUND:
February 25, 2010
Ann Dower, Senior Engineering Plans Reviewer
Rick Perez, City Traffic Engineer
Matthew Herrera
March 4, 2010 - Internal
10-100619-00-AD
07-103617-SU
MARIE SHORT PLAT EXTENSION REQUEST
33049 MILITARY RD S
RS 9.6
Request for 2-year extension of short plat approval.
Administrative Extension
GERALDMARIE
33049MELITARYRDS
The Marie four lot short plat was granted preliminary approval March 6, 2008. Two projects (146 &?) will be
impacted by the new trips generated by the short plat and the applicant agreed to a pro-rata share of $5,209.00. An
above -ground stormwater facility is designed under the 1998 manual is proposed. No site work has started yet.
Extensions can be granted with conditions related to the following FWRC provisions:
1. Whether the adoption of new codes and/or standards would substantially affect project layout and storm
drainage design;
2. The adequacy of mitigation and/or impact fees to address the cost of mitigation at the end of the
expiration period;
3. Whether the delayed project is an impediment to other development projects in the vicinity as a result of
traffic concurrency reserved capacity.
i0-1006lq-hh
RECEIVED
February 12, 2010
RE:
City of Federal Way DCDS
C/O Matt Herrera
File # 07-103617-00-SU SSPAE
Marie Short Plat
33049 Military RD S
Federal Way, WA 98001
Preliminary approval granted 03/06/08
Dear Director Of Community Services,
FEB 12 ?01`3
CITY CF FEDERAL WAY
CDS
I Gerald Marie hereby request a two-year extension on my approved preliminary Marie
short plat # 07-103617-00-SU, located at 33049 Military RD S Federal Way, WA 98001.
Due to the current economic climate, land value depreciation and my personal situation,
I have not been able to proceed with the continued development of said short plat within
the current allowable timeframe.
My wife was laid off from Weyerhaeuser Corporate in August of 2008 and has not found
any permanent full time employment since. She currently works part time / on call for the
Federal Way School District and volunteers within the community.
I was married on 03/29/08 and had received preliminary plat approval on 03/06/08.
Both my wife and I own homes within the City of Federal Way, once married, we put
both homes up for lease and our tenants chose the Military RD home and short plat
property vs. our current residence located at 37648 18 TH PL S Federal Way, WA 98003.
This has made it extremely difficult to continue the project within the current time frame
without disruption to our tenants.
Once our tenants vacate said premises, we would like to explore the opportunity to move
back into the home and complete the short plat project.
The existing house and short plat property remain in excellent condition, creates no code
violations, attractive nuisance issues 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