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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. -- '4 1521049184 32922 1521049187 J4U "` I� $18 14201W 3 m�-4 2T R - 6181 l -320 3301 61 14 014 3 c+ 42 0 G181 20200 014 �3Q1 618142T�:-C. 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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