18-101611FILE
CITY OF
4:tkSV
Federal Way
Centered on Opportunity
April 23, 2018
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www.cityoffederalway.com
Bonnie Peterson via email: bonniep@nathansongroup.com
The Nathanson Group, PLLC
One Union Square
600 University Street, Suite 2000
Seattle, WA 98101
RE: File #18-101611-00-AD; ZONING VERIFICATION RESPONSE LETTER
Cottages West & Memory Care Facility, Parcel # 302104-9146, Federal Way
Dear Ms. Peterson:
Jim Ferrell, Mayor
On April 16, 2018, the City of Federal Way's Department of Community Development received your
request for Zoning Compliance Letter for the proposed development of a memory care facility,
community building, and cottage cluster buildings and existing cottage cluster building at Village Green
Retirement Campus, tax parcel #302104-9146. The following information covers specific questions
included in the request.
1. The subject property is zoned Single Family Residential (RS 9.6). Senior citizen or special needs
housing uses are permitted in the RS 9.6 zone under Federal Way City Code (FWCC) Section 22-
640 and Federal Way Revised Code (FWRC) 19.200.100.1 The Village Green Phase III (Cottages
West) is vested to the FWCC that was in effect on December 15, 2008, which is the date of the
complete application, and further is only subject to the applicable portions of the FWRC that are
consistent with the December 15, 2008, FWCC.
The proposed Memory Care Facility and community building are being reviewed as a
modification to the approved Process IV approval and are vested to the FWCC that was in effect
on December 15, 2008, and further is only subject to the applicable portions of the FWRC that
are consistent with the December 15, 2008, FWCC. The proposal is currently under review for
zoning code compliance.
2. The Existing Cluster No. 3 has a Certificate of Occupancy (enclosed); no additional reviews are
required. The remaining cluster units have building permit application submitted and are
currently under review by city staff. A building permit application has also been submitted for the
Memory Care Facility and is under review. At this time, no building permit application has been
submitted for the community building.
In addition to the building permit application, the proposed Memory Care Facility and community
building require land use review for modifications to the approved site plan. As such, the
proposed modification to the approved Process IV site plan is being reviewed as an
1 On October 9, 2009, the City Council reorganized the Federal Way City Code (FWCC) into the Federal Way Revised Code
(FWRC). On May 24, 2017, FWRC 19.200.100 was amended.
Ms. Peterson
April 23, 2018
Page 2
Administrative Decision (AD) request. The AD request was submitted on March 23, 2018, and is
currently under review.
3. No maximum density is established. Instead, the density is determined by other development
requirements such as maximum height, lot coverage, and yard setbacks, etc. Based on the June 1,
2010, Process IV Hearing Examiner's Decision, the three phases of Village Green is approved for
367 units of senior housing.
Required parking for senior housing is determined on a case -by -case basis, based on, "...actual
parking demand on existing uses similar to the proposed use." The parking demand study is
enclosed.
City staff is not aware of any pending zoning code amendments or modifications which would
affect the property at this time. On May 24, 2017, FWRC 19.200.100, `Senior Citizen or special
needs housing' was amended. Development that does not comply with the current FWRC would
be considered legally nonconforming. At this time, a nonconformance analysis has not been
conducted.
All applicable zoning maps, land use approvals, and building permits are enclosed. If you have any
further questions please feel free to contact me at Becky.chapin@cityoffederalway.com or 253-835-2641,
Sincerely,
Bec"Cha
Associate Planner
enc; Hearing Examiner's Decision with Exhibits
FWCC 22-640 `Senior citizen or special needs housing'
Federal Way Zoning Map 94
Building Permit/Certificate of Occupancy (File #16-103407-MF)
18-101611-00-AD Doc, LD. 77626
R E C E I V E [MQUEST FC -' A►.DME'41STRATX VE DECISION
VTY OF COMMUNITY DEVELOPMENT DEPARTMENT
Federal Way APR 16 2018 Federal Way, 33325 8` ay,W Avenue South
WA 9800
CITY OF FEDERAL WAY 253-835-2607; Fax 253-835-2609
COMMUNfTY DEVELOPMENT www.cityoffederalway.com
FILE NUMBER / - I 0 / 6 l Date _ y - / 6 -18,
Applicant
NAME
PRIMARY PHONE
Powell Family Land Company, a Washington limited liability
company, c/o The Nathanson Group PLLC
206-623-6239
BUSINESS/ORGANIZATION
ALTERNATE PHONE
MAILING ADDRESS
E-MAIL
One Union Square, 600 University Street, Suite 2000
bonniep@natllansongroup.com
CITY
STATE
ZIP
FAX
Seattle
WA
98101
206-299-3871
Property Address/Location The Property is- ley -ally described as Lot 1 i-B of Boundary Line Adjustment No. 1.1-103696-
00SU recorded November 2, 2011 under Recording No. 20111102900001 Records of Icing Counly, Washington. The Tax
Account No. is 302104-9146-01.
Description of Request: Request for Zoning Verification letter for the following proposed uses and existing use of the Property
legally described above: (i) a proposed 64-bed Memory Care Facility, (ii) a proposed community building, (iii) a proposed
structure known as Cottage Cluster No. 4 with 2 cottage units, (iv) a proposed structure known as Cottage Cluster No. 9 with 2
cottage units, (v) a proposed structure known as Cottage Cluster No. 10 with 4 cottage units, (vi) a proposed structure known as
Cottage Cluster No. 11 with 2 cottage units and (vii) an existing structure known as Cottage Cluster No. 3 with 4 cottage units_.
List/Describe Attachments: Zoning Request Letter and Check in the amount of $106.00.
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
No Fee (Actual Cost if Applicable)
Check Current Fee Schedule
Check Current Fee Schedule
No Fee
Check Current Fee Schedule
IIctin #079 — January 4, 2016
Page 1 of 1
k:\Handouts\Request for Administrative Devi
RECEIVED
TNNGTHE
NATHANSON
GROUP
April 13, 2018
VIA FEDERAL EXPRESS
Community Development Department
City of Federal Way
33325 8"' Avenue South
Federal Way, WA 98003
APR 16 2018
CITY OF FEDERAL WAY
COMMUNITY DEVELOPMENT
Re: Request for Zoning Compliance Letter for proposed development and one existing
structure
Dear Sir or Madam:
This firm represents Powell Family Land Company, LLC, a Washington limited liability
company (the "Borrower") in its construction financing of the following described property
located or to be located in Federal Way: (i) a proposed 64-bed Memory Care Facility, (ii) a
proposed community building, (iii) a proposed structure known as Cottage Cluster No. 4 with 2
cottage units, (iv) a proposed structure known as Cottage Cluster No. 9 with 2 cottage units, (v) a
proposed structure known as Cottage Cluster No. 10 with 4 cottage units, (vi) a proposed
structure known as Cottage Cluster No. 11 with 2 cottage units and (vii) an existing structure
known as Cottage Cluster No. 3 with 4 cottage units ("Cluster No. 3" and collectively, the
"Property")
The Property is legally described as Lot 11-B of Boundary Line Adjustment No. 11-
103696-OOSU recorded November 2, 2011 under Recording No. 20111102900001, Records of
King County, Washington. The Tax Account No. is 302104-9146-01.
The lender and Title Company are requesting a zoning confirmation from the City of
Federal Way. The purposes of this letter are as follows:
L We would like to receive written confirmation that (i) the existing use of the
Property as Cluster No. 3 is in compliance with the current zoning codes and
subdivision laws in force and the (ii) proposed uses and the proposed
improvements specified above to be located on the Property will be in compliance
with the current zoning codes and subdivision laws in force.
2. We would like to determine whether any use pennits, variances, PUD approvals
and/or site plan approvals are required for the existing use by Cluster No. 3 and
the proposed uses and/or improvements, as specified above, and to obtain copies
of any and all documents evidencing such approvals, variances and/or permits.
One Union Square
600 University Street, Suite 2000
Seattle, WA98101-1192
206.623.6239 www.NathansonGroup.com
April 13, 2018
Page 2
3. We would like to determine the current maximum allowable density and parking
requirements for the Property.
4. We would like to determine if there are any pending zoning code amendments or
modifications which would affect the Property.
In addition, we would greatly appreciate it if you would provide copies of:
A. the applicable code sections and zoning maps relied upon for your conclusions,
including the applicable provisions specifying the formula for detennining the
required number of parking spaces and density requirements for the Property; and
B. all conditional use pennits, variances, PUD approvals, and site plan approvals as
may be required relating to the existing use of the Property by Cluster No. 3 and
the proposed uses specified above of the remainder of the Property.
I am enclosing the Request for Administrative Decision, a check in the amount of
$106.00 and a sample form of zoning letter. Please provide a letter in addressing these requests
and email the letter, applicable code sections, permits, variances and approvals to me at
bonniep@nathansongroup.com. If the enclosures would be too voluminous to email, please
email me the zoning compliance letter and send the attachments to me via federal express, using
our federal express account number, which is 1631-9485-6.
Thank you for your assistance, and please do not hesitate to call me with any questions
you may have.
Sincerely,
Bonnie Peterson
Enclosure