Lourie ExtensionCOMMUNITY DEVELOPMENT DEPARTMENT 33325 8th Avenue South Federal Way, WA 98003-6325
253-835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
September 30, 2021
Mr. Dan Lourie
Lourie Contracting Inc.
PO Box 98258
Des Moines, WA 98198
danlourie@hotmail.com
Re: File #21-102426-AD; TWO-YEAR EXTENSION REQUEST APPROVAL
Lourie (Freemantle) Short Plat, 29601 8th Avenue SW, Federal Way
Dear Mr. Lourie:
The Community Development Department is in receipt of your July 15, 2021, two-year extension request for
the Lourie Short Plat (file 09-104423-SU); a short subdivision of one residential parcel into four single-family
residential lots, a private road, and a drainage tract (parcel #062104-9042). The proposal was granted
preliminary short plat approval on July 31, 2012, and the second extension request expired July 31, 2021. This
is your third extension request. An engineering permit (file 19-102705-EN) was recently issued and a pre-
construction meeting held on July 20, 2021. The time extension request is hereby granted approval subject to
the conditions noted below.
TIME EXTENSION CRITERIA
Pursuant to Federal Way Revised Code (FWRC) 18.05.090, the director may grant a two-year extension to the
land use decision, subject to the criteria below. Public Works and Community Development Divisions
reviewing your request have responded to each extension criterion.
(a) Except for the first request for time extension, the applicant has made substantial progress to complete the plat.
Response: An engineering permit (19-102705-EN) was recently issued and a pre-construction meeting held
on July 20, 2021. A bond is in place (21-101287-OP). The applicant stated that side sewer work has
commenced. Staff finds that this constitutes substantial progress for this extension request. Staff finds
criterion (a) has been met.
(b) There are circumstances beyond the applicant’s control which prevent compliance with the time limits of
the previously granted extension.
Response: The applicant indicated the final design and construction schedule were delayed by several
months by the Governor’s order deeming work on residential construction projects to be non-essential.
COVID related shut downs and labor shortages also caused delays. In addition, the water main
replacement by Lakehaven resulted in minor design changes. COVID related shut downs and labor
shortages qualify as circumstances beyond the applicant’s control. Staff finds criterion (b) has been met.
Mr. Dan Lourie
Page 2 of 3
September 30, 2021
21-102426-00-AD Doc. I.D. 81543
(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.
Response: An engineering permit has been issued and site work has begun. Inspections will be required
related to erosion and sediment control measures. There are no conditions that constitute a code
violation or an attractive nuisance. Staff finds criterion (c) has been met.
(d) Whether either the 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, including but not limited to such factors as:
(i) Whether the adoption of new codes and/or standards would substantially affect project layout and
storm drainage design.
Response: When the preliminary short plat approval was granted, the city’s stormwater standard was
the 1998 King County Surface Water Design Manual (KCSWDM). The recently approved engineering
plans have been updated to comply with the 2016 KCSWDM. The city will adopt the 2021
KCSWDM and City Addendum to that manual, on or about December 31, 2021. If construction of
the stormwater improvements under the currently approved engineering plans (19-102705-EN) are
not substantially complete prior to adoption of the 2021 KCSWDM, then the engineering plans, and
construction of the stormwater facilities, shall be revised to meet the stormwater regulations of the
2021 KCSWDM and City Addendum. This shall be made a condition of approval. As conditioned,
the project complies with this requirement.
(ii) The adequacy of mitigation and/or impact fees to address the cost of mitigation at the end of the
expiration period.
Response: The proposal was conditioned as of the previous extension request to transportation impact
fees in effect at the time of the building permits. School impact fees will also be assessed at time of
building permits. The project complies with this requirement.
(iii) Whether the delayed project is an impediment to other development projects in the vicinity as a
result of traffic concurrency reserved capacity.
Response: The project was granted a traffic concurrency determination with the original short
subdivision approval. The concurrency certificate is valid so long as the short plat approval remains
valid. The project has been accounted for in the city’s traffic modeling and will not be an impediment
to other development projects in the vicinity. The project complies with this requirement.
CONDITIONS OF APPROVAL
1. The city will adopt the 2021 KCSWDM and City Addendum to that manual on or about December 31,
2021. If construction of the storm water improvements under the currently approved engineering plans
(19-102705-EN) are not substantially complete prior to adoption of the 2021 KCSWDM, then the
engineering plans, and construction of the stormwater facilities, shall be revised to meet the stormwater
regulations of the 2021 KCSWDM and City Addendum.
Mr. Dan Lourie
Page 3 of 3
September 30, 2021
21-102426-00-AD Doc. I.D. 81543
2. Pay the Transportation Impact Fee (TIF) in lieu of the identified pro-rata mitigation of $12,346 as
determined by the fee schedule in effect consistent with FWRC Chapter 19.91.
CLOSING
Unless modified or appealed, this two-year extension of the land use decision will be valid until July 31, 2023.
FWRC 18.05.090 does permit additional extension opportunities that can be granted only if applicable criteria
are met. Future extension requests will be reviewed on their own merits and the granting of this extension
does not guarantee or imply that future requests for extension will be approved.
Pursuant to FWRC 18.05.090(5), any person aggrieved by the granting or denying of a request for a time
extension under this section may appeal that decision. The appellant must file a letter of appeal indicating
how this decision affects the appellant’s property and present any relevant material or information supporting
the appellant’s contention. The appeal must be delivered to the Department of Community Development
within 14 calendar days after issuance of the decision of the Director of Community Development. The letter
of appeal must contain: a statement identifying the decision being appealed, along with a copy of the decision;
a statement of the alleged errors in the director’s decision, including identification of specific factual findings
and conclusions of the Director of Community Development disputed by the person filing the appeal; and
the appellant’s name, address, telephone number, and fax number, and any other information to facilitate
communications with the appellant. The person filing the appeal shall include, with the letter of appeal, the
fee as established by the city. The appeal will not be accepted unless it is accompanied by the required fee.
Appeals will be heard by the Hearing Examiner.
Please contact Principal Planner Stacey Welsh at 253-835-2634, or stacey.welsh@cityoffederalway.com,
should you have any questions about this letter.
Sincerely,
Digitally Signed September 30, 2021, at 1:31 PM
Brian Davis
Community Development Director
c: Stacey Welsh, Principal Planner
Kevin Peterson, Senior Engineering Plans Reviewer
Sarady Long, Senior Transportation Planning Engineer
Harold Duncanson, haroldd@duncansonco.com