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18-100547. --7 T y CITY OF Federal Way February 27, 2018 Mr. Gerald Marie 33049 Military Road South Federal Way, WA 98001-9673 -d w -,v mcast. t CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com Jim Ferrell, Mayor FILE Re: File #18400547-00-AD; CONDITIONAL TWO-YEAR EXTENSION APPROVAL Marie Short Plat Extension, 33049 Military Road South, Federal Way Dear Mr. Marie: The Department of Community Development has received your February 5, 2018, 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 Match 6, 2008. Previously, the city has granted four two-year extensions to the short plat approval on March 9, 2010, July 11, 2012, March 6, 2014, and March 25, 2016. 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 conditionally approved, based on the responses to extension criteria presented to the director. CONDITIONS 1. The project would need to submit a traffic concurrency application with the appropriate application fee to the city's permit center for any Future extension requests. This analysis will determine if capacity still exists to accommodate the project trips. In the event that there is not adequate capacity, the applicant will be required to construct whatever mitigation measures are necessary to obtain the adopted Level -of - Service (LOS) at any failing intersection. 2. The applicant shall pay the Transportation Impact Fee (TIF) in lieu of the pro-rata mitigation of $5,209. The impact fee shall be assessed based on the fee schedule in effect at the time a building permit is issued consistent with FWRC 19.100.070. 3. Stormwater improvements must meet requirements in place at the time of submittal. Currently, the city has adopted the 2016 King County Sim Dgn Manval (KCSD)nhfiWe City ofFederal allay .Adden4m to that manual. However, these regulations are subject to change and the application is not vested to any stormwater standard at this time. Mr. Gerald Marie Page 2of3 February 27, 2018 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 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, the first -request for time extension, the applicant has made substantial progress to complete the plat; I. Staff response — The applicant has secured a blanket easement from Lakehaven Water & Sewer District for the installation of infrastructure. The applicant has communicated with the city regarding compliance with surface water standards. Finally, the applicant has actively pursued financing for the plat. Staff finds criterion (a) has been met. (b) There are circumstances beyond the applicant's control, which prevent compliance with the time limits; Staff response As stated in the Gerald Marie request letter, medical conditions of the applicant and financing difficulties have 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; 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) 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. In order to maintain consistency with regulations set forth in the city's National Pollution Discharge and Elimination System (NPDES) municipal stormwater permit, the applicant will be required to design a flow control and detention facility utilizing the 2016 KCSWDM and City of Federal Way Addendum to the 2016 KCSWDM. Future extensions must be designed to meet the requirements of regulations in place at the time of extension approval. (ii) The adequacy of mitigation and/or impact fees to address the cost of mitigation at the end of the expiration period; 18-100547-00-AD Doo 1.0. 77292 Mr. Gerald Marie Page 3 of 3 February 27, 2018 Staff R"nse — The applicant shall pay the Transportation Impact Fee (TIF) in lieu of the pro-xata mitigation of $5,209. The impact fee shall be assessed based on the fee schedule in effect at the time a building permit is issued consistent with FWRC 19.100.070. (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 —The project would need to submit a traffic concurrency application with the appropriate application fee to the city's permit center for any future extension requests. This analysis will determine if capacity still exists to accommodate the project trips. In the event that there is not adequate capacity, the applicant will be required to construct whatever mitigation measures are necessary to obtain the adopted Level -of -Service (LOS) at any failing intersection. CLOSING This two-year extension approval expires March 6, 2020. 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 shill expire by limitations set forth in FWRC 18.30.260. If you have any questions regarding this extension, please contact Senior Planner Dave Van De Weghe at 253-835-2638, or avid.vandew he J offed ralwaa. om. Sincerely, Brian Davis Director of Community Development c: Dave Van De Weghe, Senior Planner Ann Dower, Senior Engineering Plans Reviewer Sarady Long, Senior Traffic Engineer Da LD. 77292 18-100547-00-AD A'A CITY OF Federal Way DATE: 2/21/18 TO: Dave Van de Weghe FROM: Ann Dower SUB]ECT: MARIE SHORT PLAT EXTENSION - (18-100547-00-AD) 33049 MILITARY RD S MEMORANDUM Public Works Department The extension of short plat is approved by Public Works Department with the following condition: Storm water improvements must meet requirements in place at the time of submittal. Currently the City has adopted the 2016 King County Surface Water Design Manual and the City of Federal Way Addendum to that manual. However, these regulations are subject to change and the application is not vested to any storm water standard at this time. CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: 2/14/2018 TO: Cole Elliott, Development Services Manager Rick Perez, City Traffic Engineer FROM: Dave Van De Weghe, Planning FOR DRC MTG. ON: No meeting. Send comments to Dave by 2/28/2018 FILE NUMBER(s): 18-100547-00-AD RELATED FILE NOS.: None PROJECT NAME: MARIE SHORT PLAT EXTENSION PROJECT ADDRESS: 33049 MILITARY RD S ZONING DISTRICT: RS 9.6 PROJECT DESCRIPTION: Request for additional extension of short plat approval. LAND USE PERMITS: Administrative decision PROJECT CONTACT: GERALD MARIE,.g-dawgaw@comcast.net MATERIALS SUBMITTED: Application letter W CL J 0 Z Z 0 ry 0 W cr I I I I O N I I I I I I 1 I I I H I ZLLJ o W � I W W Q N LL_ v O > o I- a z Z o O o U � � �- �E Z W X n � o� rJ LLJ �I 21 NI I H Lo II r1 V) r L�J V)I 0 r O �I z zI O I 0- M Z to Q M o N mo I c5 0- L. 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M Z Z Z O H OF O} to t- to 1= V) N Ir V) �V1 O-mw w w w O a@) p o 0 0¢ o Z } to a c ZV) >o� 00 Z=Z Notri w-- `1N 1 Li L LLJ o a>- o W En a z-1zz 0zQ: (') — J N O?o NNN Oirw mt�0: � b N U N U C9 S (9 W LLPW r } >-"o m m 3 � V) W p L � Y a a = U U U o N L� h + rn 5�, Q N co r- M 1 aJ` PROF .� W W 4, O 01 I bG � I � co� Ki Ni � Y E C E I V E D REQUEST FOR 1-, mINISTRATIVE DECISION CITY Of_`'' ;� DEPARTMENT OF COMMUNITY DEVELOPMENT FEB 0 5 2018 33325 8h Avenue South Federal Way Federal Way, WA 98003-6325 CfTY OF FEDERAL WAY 253-835-2607; Fax 253-835-2609 COMMUNfrf DEVELOPMENT www.cityoffederalwgy.com 1 --� 00 5 % -7 U®- -�4 0 FILE NUMBER Applicant NAME PRIMARY PHONE aalo G- \ 72L4, L zr - BUSINESS/ORGANIZATION ALTERNATE PHONE MAILING ADDRESS E-MAIL 0, - CrITY STATE ZIP FAX - W A Q � C 1 O© l Property Address/Location. + V 2CC Description of Request List/Describe Attachments L � �� �� C-0-.S z- For Staff Use ❑ Code Interpretation/Clarification ❑ . Critical Areas Letter/Analysis/Peer Review Of Request for Extension (Land Use/Plat Approval) ❑ Revisions to Approved Permit ❑ Tree Removal ❑ Zoning Compliance Letter - No Fee - No Fee (Actual Cost if Applicable) - Check Current Fee Schedule - Check Current Fee Schedule No Fee - Check Current Fee Schedule Bulletin #079 - January 4, 2016 Page 1 of 1 k:\Handouts\Request for Administrative Decision February 05, 2018 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 03/06/2018 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 are currently residing on the short plat property to enable completion of project. • We must reside on the property for a minimum of two years to finish said project and avoid negative tax implications. • We have obtained financing to update plat to 2009 KCSWD BMP criteria 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 03/06/2020. In closing: My wife and I are forty two 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