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