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09-101230` CITY OF � Federal Way May 14, 2009 Mr. Jon Potter Federal Way Village LLC PO Box 73790 Puyallup, WA 98373 CITY HALL FILE 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com RE: FILE #09-101230-00-AD; REQUEST FOR ADDITIONAL INFORMATION Federal Way Village Modification Request Dear Mr. Potter: Following receipt of your March 27, 2009, modification request letter, I routed it to City staff for review and comment. Unfortunately, we are unable to respond to your request until we receive more information as discussed below. ADDITIONAL INFORMATION REQUESTED Your letter contains a request to "modify the Process III permit to allow for extended vesting." You "request a modification to the Process III approval for construction of the first phase be substantially completed within a period of three years from January 28, 2009, the effective extension of the Master Plan Approval." You then propose "continued annual construction progress commensurate with the phased Master Plan approval" and reference Federal Way City Code (FWCC) section 22-408.' The City understands that your five phased project may require an extended construction window to allow for completion. The Process III land use approval can be modified to establish a specific phased construction timeline that relates both to the phasing identified in the findings and also factors in current economic and development conditions. The modification is required pursuant to Federal Way Revised Code (FWRC) 19.15.090 and FWRC 19.15.100, since the original land use decision did not include an extension of the code -based deadlines to accommodate project phasing. However, in order for staff to fully evaluate your request to modify the Process III permit to allow for continued vesting, we'd like you to identify specific aspects of the extension request with specific construction timelines for phases 2 through 5; assumptions for incorporating mitigation provisions; the anticipated year of Substantial Completion for the project; and other desired actions. Specifically, are you requesting additional time to make your building permit submittal or to complete construction of the project, or both? The following table illustrates some potential completion timelines available: Federal Wau Villaze Code Required Action: Date of Land Use Substantial Completion Extension Revised Substantial Approval: Januag 28, 2008 Deadline available? Com letion Deadline Submit a complete building permit January 28, 2009 Yes - 1 year January 28, 2010 application within 1 year of land use extension (granted) approval, or land use approval expires. Substantially complete the entire project January 29, 2013 Yes - 1 year January 28, 2014 within 5 years of date of land use approval extension available or land use a roval expires. Phased Construction and Completion of To be determined in a I Yes - I year TBD Phases 1 through 5. 1 modified land use decision I extension available ' Note that FWCC 22-408 has been revised to Federal Way Revised Code (FWRC) 19.15.100 Lapse of Approval in recent code reorganization. Mr. Potter Miy 14, 2009 Page 2 Please be advised that modifications are processed with fees established on an hourly basis of $79.50. A one hour deposit of $79.50 is requested to continue review of the request; please refer to the enclosed invoice. Please do not hesitate to contact me at 253-835-2642 if you have any questions about this letter. We look forward to your response. Sincerely, ' ZA Deb Barker Senior Planner enc: Referenced FWRC Invoice for $79.50 c: Sarady Long, Senior Traffic Engineer Ann Dower, Senior Public Works Engineering Plans Reviewer Margaret Clark, Senior Planner 09-101230 Doc. LD 49991 40k CITY OF Federal Way DATE: April 1, 2009 TO: Ann Dower Sarady Long Will Appleton FROM: Deb Barker MEMORANDUM Community Development Services Department SUBJECT: FEDERAL WAY VILLAGE MODIFICATION REQUEST - (09-101230-00-AD) 33701 - PACIFIC HWY S REPLY BY: May 4, 2009 Attached please find a request to modify the original Process III approval and permit construction of the first phase to be substantially completed within a period of three years from the January 28, 2009 effective extension of the Master Plan Approval. To date, no building permits have been submitted. Please review the request and let me know your thoughts. Remember that we have other requests for extensions on other projects. Thanks DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES :� RESUBMITTED 33325 8`h Avenue South PO Box 9718 CITY OF Federal Way WA 98063-9718 Federal 'I�Vay MAC � � �°°� 253-835-2607; Fax 253-835-2609 CITY OF FEDERAL WAY www.citDffederalwgy.com BUILDING DEPT. RESUBMITTAL INFORMATION This completed form MUST accompany all resubmittals. "Pleasenote.- Additional orrevised plans or documents foran active project will not be accepted unless accompanied by this completed form. Mailed resubmittals that do not include this form or that do not contain the correct number of copies will be returned or discarded. You are encouraged to submit all items in person and to contact the Customer Service Counter prior to submitting if you are not sure about the number of copies required. ** Project Number: P -1—T Project Name: IJ Project Address: Project Contact: Phone: RESUBMITTED ITEMS: # of Copies ** Detailed Description of Item * Always submit the same number of copies as required foryour initial application.** Resubmittal Requested by Letter Dated: em r OFFICE USE Oft Y RESUB #.• 1 Disttrbution Date: 3 F BY' Dept/Div Name # Description Building PlanningtC PW Fire Other Bulletin #129 — August 8, 2006 Page I of 1 k:\Handouts\Resubmittal Information RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT Federal Way Village, March 27, 2008 Deb Barker, Senior Planner Community Development Services City of Federal Way P. o Box 9718 Federal, Way, Washington 98063 Hand Delivered Re: Process III Modification Request — File #09-100599-00-AD Dear Deb: LLC MAR 3 0 2009 Thank you for taking time to meet with us last Monday. As a follow up to my earlier conversation with Greg and our continuation of that discussion at the meeting, we wish to modify the Process III Permit to allow for an extended vesting. The credit meltdown virtually halted the growth by home builders and retailers. Prior to the meltdown, we had two prospective anchor retail tenants and a townhome builder poised to move forward on Federal Way Village predicated on our completion of the entitlement process. Unfortunately, the credit meltdown occurred prior to completion of the necessary entitlement approvals. Despite our efforts at both the Las Vegas and San Diego International Council of Shopping Center Conventions and our ongoing marketing efforts, we have been unable to letter of intent to lease or purchase a pad that would enable us to meet the present Process secure a III timeline. We understand the City intends to adopt a new Transportation Impact Fee Program that will overlap the current Concurrency and SEPA conditioning process. We also understand that granting an indefinite Process III vesting would compromise that policy decision. In that the current Process III ordinance, (section 22-408), establishes that construction must be substantially completed within 5-years and under phased construction, the decision may be extended to complete subsequent phases, (see attached Exhibit A); we respectfully request a modification to the Process III approval for construction of the first phase be substantially completed within a period of three years from January 28, 2009, the effective extension of the Master Plan Approval, (see attached Exhibit B). We propose continued annual construction Progress commensurate with the phased Master Plan approval. In deference to the pending traffic mitigation program, we suggest that if development is not completed within 5-years, the proposed traffic mitigation ordinance and transportation concurrency would become effective for all subsequent development. 3611 291h Avenue West Seattle, Washington 98199 Phone: (206) 579-0088 email: ipotter936@aol.com Thank you for your consideration of our request. S' cerely, Potter Attachments c: Sarady Long 3611 29tj� Avenue West Seattle, Washington 98199 Phone: (206) 579-0088 email: jpotter936@aol.com be reviewed pursuant to Chapter 36.70C RCW in the King County superior court. The land use petition must be filed within 21 calendar days after issuance of the final land use decision of the city. (Ord. No. 90-43, § 2(145.110), 2-27-90; Ord. No. 97-291, § 3, 4-1-97) 22-408 Lapse of approval— Generally. The applicant under this article must begin construction or submit to the city a complete building permit application for the development activity, use of land or other actions approved under this article within one year after the final decision on the matter, or the decision becomes void, The applicant must substantially complete construction for the development activity, use of land, or other actions approved under this article and complete the applicable conditions listed in the decision within five years after the final decision of the city on the matter, or the decision becomes void. If litigation is initiated pursuant to FWCC 22-407, the time limits of this section are automatically extended by the length of time between the commencement and final termination of that litigation. If the development activity, use of land, or other actions approved under this article includes phased construction, the time limits of this section may be extended in the decision on the application, to allow for completion of subsequent phases. (Ord. No. 90-43, § 2(145.115(1)), 2-27- 90; Ord. No. 97-291, § 3, 4-1-97) 22-409 Lapse of approval— Time extension. (a) Application. Prior to the lapse of approval under FWCC 22408, the applicants may submit a written application in the form of a letter with supporting documentation to the department of community development services requesting a one-time extension of those time limits of up to one year. (b) Criteria. The request must demonstrate that the applicant is making substantial progress on the development activity, use of land or other actions approved under this article and that circumstances beyond the applicant's control prevent compliance with the time limits of FWCC 22408. (c) Fee. The applicant shall include, with the Ietter of request, the fee as established by the city. The application will not be accepted unless it is accompanied by the required fee. (d) Review process. An application for a time extension will be reviewed and decided upon by the director of community development services. (e) Appeals. Any person who is 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 the decision on the time extension effects the appellant's property and presenting any relevant material or information supporting the appellant's contention. The appeal will be heard and decided upon using process IV, described in FWCC 22-431 et seq. Pursuant to Chapter 36.7013 RCW, any time limit upon the city's processing and decision upon applications under this chapter may, except as otherwise specifically stated in this chapter, be modified by a written agreement between the applicant and the director of community development services. (Ord. No. 9043, § 2(145.1 15), 2-27-90; Ord, No. 97-291, § 3, 4-1-97) 22-410 Bonds. CITY OF CITY HALL A�kFederal W ay33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 yvww. cityoffederal way. corn NIr. Jon Potter February 24, 2009 Federal Way Village, LLC 3622 29`h Avenue West Seattle, WA 98199 Re: File #09-100599-00 .AD; PROCESS III APPROVAL - EXTENSION REQUEST Federal Way Village Master Plan; 33701 Pacific Highway South, Federal Way Dear Mr. Potter: This letter grants approval to your request received January 20, 2009, for a one year extension to your Master Plan Approval effective January 28, 2008 (reference file #07-100345-00-UP). Pursuant to Federal Way City Code (FWCC) Section 22-40, "Lapse of Approval — Time Extension," the request demonstrates that the applicant is making substantial progress as you are currently negotiating with a prospective anchor tenant and with neighboring property owners regarding the south access to the site. In addition, the City agrees that the economic climate has changed significantly since the time of the original approval resulting in a change in credit markets with regard to the proposed residential development. The time extension request is hereby approved. Per FWCC Section 22-40 the City may grant a one-time, one- year extension. Unless modified or appealed, this one-time extension is valid until January 28, 2010. If no further action is taken by this extended deadline (applicant must begin construction or submit to the City a complete building permit application), the decision becomes void. Please also note that per the Process III Federal Way Village Master Plan approval, prior to issuance of a construction permit for any building on the subject site detailed building and site plans and any minor site plan modifications shall be submitted and reviewed via Process II, Site Plan Approval. Please contact Senior Planner Janet Shull, AICP, at 253-835-2644 or ianet.shull iLcitVOffederalway. co should you have any questions about this letter. Sincerely, /4v� 6,,-- Greg Fewins, Director Community Development Services c: Janet Shull, AICP, Senior Planner Scott Sproul, Assistant Building Official Ann Dower, Sr. Engineering Plans Reviewer Sarady Long, Traffic Engineer Brian Asbury, Lakehaven Utility District Chris Ingham, South King Fire and Rescue Doc I D 49091 J9-1Cb599-/}D Federal Way Village, LLC January 20, 2009 Greg FewA; Director Community Development Services 33325 8` Avenue South Federal Way, Washington 98063 Hand Delivered Re: Federal Way Village Process III Extension Request Dear Greg: The Federal Way Village Process III Project Approval, (File # 07-100345-00-UP, see attached approval), is nearing expiration. We request an extension to the permit to enable us to continue to negotiate with our prospective anchor retailer and hopefully secure an agreement with them for the location of their store on the Federal Way Village site. At the time we submitted our application, the townhome project was a viable first development phase for the project. Unfortunately the credit markets have brought the townhome and condominium markets to a halt. Further, we encountered difficulty in obtaining an agreement from Progressive Insurance to allow us to construct the south access into the site. The alignment of that access requires road construction on both the Progressive and the Federal Way Village properties. We are currently working with Progressive to secure the necessary agreements. Thank you for your consideration of our request. ricerely o Potter Attachment: Process III Project Approval c: Janet Shull, Senior Planner RECEIVED d 2 0 2009 CITY OF FEDERAL WAY CDS 3611 29'h A►'eiaue West Seattle, Washington 98199 Phone: (206) 579-0088 Fax: (206) 284-6099 email. ipotter936(er��anl.com