16-100958CITY OF
�. Federal Wad/
March 25, 2016
Mr. Gerald Marie
37648 18°i Place South
Federal Way, WA 98001
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
email: Gerald.marie@macys.com
Re: File #16-100958-00-AD; CONDITIONAL TWO-YEAR EXTENSION APPROVAL
Marie Short Plat Extension, 33049 Military Road South
Dear Mr. Marie:
The Department of Community Development has received your February 6, 2016, 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, the City has granted three two-year extensions to the short plat approval on March 9, 2010;
July 11, 2012; and on March 6, 2014. 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 applicant shall be subject to the current transportation impact fee as a replacement
for the prior pro-rata share mitigation in place at the time of preliminary approval.
2. The applicant shall be subject to the adopted 2009 King County Sulfate Water Design
Manual (KCSWDM) 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 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;
Staff Response — 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
Mr. Marie
March 25. 2016
Page 2
King County Surface Water Design Manual (KCSWDM). 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 dated February 6, 2016, 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:
(1) 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 KCSWDM took effect February 16, 2010. In
order to maintain consistency with regulations set forth in the city's National Pollution Discharge
and Elimination Systen? (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. 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;
Staff Response — At the time 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 PM 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).
I6-10095S Doc I D 72752
Mr. Marie '
March 25. 2016
Page 3
(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 — Traffic Division staff has determined 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 expires March 6, 2018, 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 Planner Jim Harris at 253-835-2652, or jim.hariis@cityoffederalway.com.
Sincerely,
Michael A. Morales
Director of Community Development
c: Jim Harris, Planner
Matthew Herrera. Senior Planner
Ann Dower, Senior Engineering Plans Reviewer
Sarady Long, Senior Traffic Engineer
Brian Asbury, Lakehaven Utility District
G-100955
Doc I D 72752
RECEIVE®
,j FEB 2 2 20% REQUEST FOR Ai AINISTRATIVE DECISION
CITY OF COMMUNITY DEVELOPMENT DEPARTMENT
Federal Way CITY OF FEDERAL WAY 33325 8`h Avenue South
CDS Federal Way, WA 98003-6325
253-835-2607; Fax 253-835-2609
vvww.citvvffedernlwa .chin
FILE NUMBER_ -1021 Q N� Date 02/15/2016
Applicant
NAME
PRIMARY PHONE
Gerald Marie
206 730-1349
BUSINESS/ORGANIZATION
ALTERNATE PHONE
N/A
253 927-4702
MAILING ADDRESS
E-MAIL
37648 18 TH PL S
Gerald.marie@macys .com
CITY
STATE ZIP
FAX
Federal Way
WA 98003
Property Address/Location 33049 Military Road S Federal Way. WA 98001
Description of Request Preliminary short plat approval extension.
List/Describe Attachments Extension re nest form and letter.
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
- No Fee
- No Fee(Actual Cost ifApplicahle)
- Check Current Fee Schedule el 7. P
- Check Current Fee Schedule
- No Fee
- Check Current Fee Schedule
Bulletin #079-.lamiary 4. 2016
Page 1 of 1
k:\Handouts\Request for Administrative Decision
CITY OF FEDERAL WAY
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL
DATE: February 23, 2016
TO: E.J. Walsh, Development Services Manager
Rick Perez, City Traffic Engineer
FROM: Jim Harris
FOR DRC MTG. ON: NO DRC.
EMAIL comments to Jim Harris by March 3, 2016
FILE NUMBER(s): 16-100958-00-AD
RELATED FILE NOS.: Many
PROJECT NAME: MARIE SHORT PLAT
PROJECT ADDRESS: 33049 MILITARY RD S
ZONING DISTRICT: RS 9.6
PROJECT DESCRIPTION: Request for extension of preliminary short plat
approval
LAND USE PERMITS: Preliminary Plat, SEPA
PROJECT CONTACT:
GERALD MARIE
33049 MILITARY RD S
MATERIALS SUBMITTED: Extension Request
Attached is a 2 year extension request for the Marie Short Plat. I attached
the Feb 22, 2016 request, and the April 22, 2014 city extension approval.
Email me any comments.
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John A Jensen
Engineering Technician II
Lakehaven Utiltiy District
"ensen lakehaven.or
(253) 946-5406
Fax (253) 529-4081
PO Box 4249
Federal Way, WA 98063-4249
NOTE: Lakehaven Utility District neither warrants nor guarantees the accuracy of the information
provided. Facilities location, material type, and condition are subject to field verification.
2
February 06, 2016
RE:
City of Federal Way DCED
C/O Matt Herrera
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 personal medical conditions, land value depreciation and difficult financing
environment, 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.
• Worked on obtaining financing to complete final plat requirements.
• Explored relocating back to the property summer of 2016 upon extension
approval.
• Submitted for a two year extension with Lakehaven Utility District.
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