13-1053074CITY OF
�. Federal
April 15, 2014
Mr. Jon Potter
Federal Way Village LLC
PO Box 73790
Puyallup, WA 98373
1�
r%
)l FILE
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www.cityoffederalway.com
RE: File #13-105307-00-AD; CONDITIONAL APPROVAL
Federal Way Village Extension Request, 33701 Pacific Hwy South, Federal Way
Dear Mr. Potter:
The Community and Economic Development Department has received your November 15, 2013, letter
requesting a two-year extension to the Process III land use approval for the Federal Way Village proposal:
a 300,890 square feet development consisting of 156,290 square feet of commercial, 60,000 square feet of
general office space, 70,500 square feet of multi -family residential, and 14,000 square feet of restaurant
pads. Previously, the Federal Way Village was granted conditional approval for a two-year extension,
which expired on January 31, 2014. The time extension request is hereby granted approval subject to the
conditions listed below. This extension will expire on April 15, 2016, if no further action is taken.
EXTENSION CRITERIA
Pursuant to Federal Way Revised Code (FWRC) 19.15.110, "Lapse of Approval — Time Extension," the
director may grant a two-year extension to the land use decision, subject to criteria. Your request
demonstrates that the applicant has made substantial progress to complete the project as the applicant has
completed significant improvements of the first phase of the Master Plan, including road frontage
improvements to 336t' Street and 11,473 square feet of right-of-way improvements. Additionally, the
applicant, in conjunction with a new development partner, is aggressively pursuing development of multi-
family housing on the west side of the project. Finally, you have indicated that you entered an agreement
with Progressive Insurance for the construction of South 340`h Street, along the south edge of the project.
The City also agrees that the economic climate has changed significantly since the time of the original
approval and as such the financial markets have not yet recovered, making it difficult to secure
prospective tenants, which constitute circumstances beyond the applicant's control. The wooded site has
not been cleared or graded, and there are no conditions that create a code violation or an attractive
nuisance. The property is posted for no -trespassing and is regularly checked by the Federal Way Police
Department.
Physical conditions in the vicinity of the project have not been altered; however, as stated in the previous
extension the City has adopted new codes and standards that would affect project layout, storm drainage
design, impact fees, and concurrence capacity as discussed under FWRC 19.15.110(2)(d). Public Works
staff has identified specific mitigation to address criteria (2)(d) of FWRC 19.15.110, which are still
applicable to this approval letter.
Mr. Potter
April 15, 2014
Page 2
CONDITIONAL APPROVAL
1. Stormwater quality treatment will be required on site and shall meet the standards that are in place at
the time a complete engineering application or building permit is submitted.
2. In lieu of paying the SEPA pro-rata traffic mitigation of $1,048,700.00 for Phase I and Phase 11
improvements, and prior to the issuance of a building permit, the applicant shall pay a Traffic Impact
Fee (TIF) as adopted by the City and applicable at the time. For estimation purposes the current TIF
fee for the shopping center is $5.01 per sf/GLA and $2,019 per dwelling unit for multi -family
housing.
3. The applicant must submit a concurrency application with application fee of $5,576.50 and pass a
concurrency test within 30 days of receipt of this letter. Should there be any level of service (LOS)
failure, the applicant will be required to provide mitigation for failing intersections.
CLOSING
Should you have any further questions about this letter, please contact Planning Intern Clayton Wiebe at
cayton.wiebe@cityoffederalway.com or 253-835-2622.
Sincerely,
Isaac Conlen
Planning Manager
c: Clayton Wiebe, Planning Intern
He #13-105307-00-AD Doc ID 64634
CITY OF FEDERAL WAY
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL
DATE: 12/4/13
TO: Ann Dower
Rick Perez
FROM: Isaac Conlen
FILE NU14BER(S): 13-105307-00-AD
RELATED FILE NOS.: None
PROJECT NAME: FEDERAL WAY VILLAGE EXTENSION REQUEST
PROJECT ADDRESS: 33701 PACIFIC HWY S
ZONING DISTRICT: MF/BC
PROJECT DESCRIPTION: Request for extension of Process III Decision, third
request.
LAND USE PERMITS: administrative Decision
PROJECT CONTACT: FEDERAL WAY VILLAGE LLC
JONPOTTER
PO BOX 73790
MATERIALS SUBMITTED: Letter
11 ; 1 -10 530�
Federal Way Village, LL C
3611 291h Avenue West Seattle, Washington 98199
phone: (206) 579-0088 email: potter.nwp@gmail.com
November 15, 2013
Patrick Doherty, Community and Economic Development Director
Isaac Conlen, Planning Manager
City of Federal Way
33325 8th Avenue South
Federal Way, Washington 98003
HAND DELIVERED
Re: Federal Way Village Master Plan Approval Extension Request
File No. 09-104582-AD; Process III Approval
33701 Pacific Highway South
Dear Patrick and Isaac:
Please accept our request for an extension to the Master Plan approval. The financial markets have not
recovered and as demonstrated in the City of Federal Way and throughout the Puget Sound region new
commercial construction projects have been limited. However, significant progress has occurred since
our last extension. Progress includes the following:
• The multi -family apartment sector became more active and responsive to that market
opportunity we opted to enter into a purchase and sale agreement for Phase 1 with an apartment
developer. The developer amended the Master Plan and a boundary line adjustment was
prepared. A Notice of Complete Application, (File Nos. 13-104418-00-UP and 23-104419-SE)
was issued November 7, 2013. The developer's intent is to be under construction this coming
spring.
• We entered into an agreement with Progressive Insurance for the construction of 340th Street
extension. ESM Engineers anticipate they will submit site development plans to the City
within the month. The road and intersection improvements are planned to be under
construction this coming spring.
We are continuing an aggressive marketing program to secure tenants for the Village. We entertained
an 80,000 sq. ft. lease with option to buy proposal but the prospective option purchaser did not have
strong enough tenants to enable us to qualify with the lending community. Project financing continues
to be difficult to secure.
If you have an interest, we would be happy to schedule a meeting with you and our listing agent to
answer any questions you may have regarding our marketing efforts.
We are committed to push this project forward and we look forward to working with you to the
successful buildout of Federal Way Village.
incere ,
on Potter