14-101272UIT
CITY of 333 HALL
Federal Way8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www.cityoffederalway.com
April22, 2014
Mr. Gerald Marie
33049 Military Road South
Federal Way, ",VA 98001 FILE
Re: File #14-101272-00-AD; CONDITIONAL TWO-YEAR EXTENSION APPROVAL
Marie Short Plat Extension, 33049 Military Road South
Dear lVlr. Marie:
The Community and Economic Development Department 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 on March 6, 2008.
Previously, in July of 2012, the City of Federal Way granted a two year extension for this short subdivision;
on March 6, 2014, this extension expired. However, because you had made a verbal request for a new
extension prior to the expiration of the extension, your request for a new extension -vill be honored. The
city's subdivision regulations allow the director to administer extensions if criteria within Federal Vay 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 conditionally approved, based on t-ie responses to extension criteria presented to the director.
CONDITIONS
1. The applicant shall be subject to current transportation impact fee as a replacement for the
prior pro-rata share mitigation in place at the time of predminary approval.
2. The applicant shall be subject to the adopted 2009 Kind County Suiice Vater Decion Manual
(KCS``UDIV) and Federal Way Addendum requirements as a replacement for the prior 1998
manual.
TIME EXTENSION CRITERIA
The following is an excerpt of the plat time extension criteria from F\VRC 18.05.090. In the interest of clarity,
staff reviewing the 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 t1e first request for time extension, the applicant has made substantial progress to complete
the plat;
Mr. Gerald Marie
Page 2
April 22 2014
StcffReiponse—The applicant has consulted with new engineering firms and received bids to finish the
plat. Additionally, the applicant communicated with the city regarding compliance with the 2009 Kili
County Surface Eater Devi,gn Manual (KCSWD1Vl . Finally, the applicant has actively pursued financing for
the plat. Staff finds criterion (a) has been met.
(b) There are circumrspnces beyond the applicant's control, which prevent compliance with the time limits;
... qk
R
��a Res j,- I'll current economic downturn, combined with a difficult financing environment, has
�a i `deve opmeizt 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
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 interesf to extend the life of the plat.
Staff Response — Staff finds criterion (d) will be met with the conditions below:
(i) Whether the adoption of new codes and/or standards would substantially affect project layout and
storm drainage design;
Staff Response — The project's preliminary approval was vested to stormwater design criteria of the
1998 KCSWDM. City adoption of the 2009 KCSVVDM took effect February 16, 2010. In order to
maintain consistency with regulations set forth in the city's National Pollution Dischaloe and Elimination
System (NPDES) municipal stormwater permit, the applicant will be required to design a flow control
and detention facility utilizing the 2009 KCSWDM and City of Federal Way Addendum to 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;
Staff Response — At the tune of preliminary approval, the city's form of traffic mitigation was a pro-rata
share contribution toward Transportation Improvement Projects (TIP) affected by one or more PIVI
peak hour trips generated by the applicant's proposal. Due to the time elapsed from the initial
analysis that identified the affected capital projects, and the delay of the applicant's proposed build
out of the short plat, the applicant will be subject to the current transportation impact fee regulations
set forth in FWRC Chapter 19.91, and payment of those fees set forth in FWRC 19.100.070(3).
(Ili) Whether the delayed project is an impediment to other development projects in the vicinity as a
result of traffic concurrency resented capacity.
rk 71.1-101172-00-\u
u-incsir)
Mr. Gerald Marie
Page 3
April 22 2014
Staff Response — Traffic Division staff has deterinined the delay of an additional two years will not be
an impediment to other development projects in the vicinity, and the capacity reserve certificate
associated with the preliminary short plat approval remains valid for this extension.
CLOSING
This two year extension approval etpires March 6, 2016, or two years following the date of the prior
extension approval. Please be advised that unless a future extension is granted, the Marie Short Plat shall be
completed per the conditions of preliminary approval and this extension, 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
Associate Planner Matthew Herrera at 253-835-2638, or matt.herrera@cityoffederalway.com.
Sincerely,
Isaac Conlen, Planning Manager for
Patrick Doherty, Director
c: Matthew Herrera, Associate Planner
U.c 11) Gib 19
17k # 14-101272-1111-AD
March 06, 2014
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
Dear Community and Economic Development Department,
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.
I Gerald Marie hereby request a two-year extension on my approved preliminary Marie
Short Plat # 12-102102-00-AD, located at 33049 Military RD S Federal Way, WA
98001.
Most recently I have:
• Consulted with new engineering firms and have received bids to finish plat.
• Communicated with City Planner's/Engineer's in regard to updating plat to 2009
King County Surface Water Design BMP criteria.
• The possible ability to obtain financing to complete final plat requirements.
• Explored the opportunity to relocate back to the property upon extension
approval.
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
MAR 2 0 2014
CITY OF FEDERAL WAY
CDS