08-101694 F ILE
CITY OF CITY HALL
Federal Way 33325 8th Avenue South
MailingAddress: PO Box 9718
Federal Way,WA 98063-9718
(253)835-7000
www.cityoffederaiway.com
May 8, 2008
Cal Rev LLC
Attn: Rick Barnett
901 West Main
Auburn, WA 98001
RE: File#08-101694-00-AD; CALREV RETAIL
•
1416 South 348th Street,Federal Way
Dear Mr. Barnett:
This letter is in response to your April 9, 2008,request for clarification on the proposed location change
for the existing Lover's Package retail store to a proposed new retail development at 1416 South 348th
Street(CE zoning). Currently, the retail store is at 2012 South 320th Street(CC-C zoning). In your letter
you reference a letter dated April 17, 2001, written by Kathy McClung, in which a determination was
made that the Lover's Package retail store did not constitute an"Adult Retail"as specified by Federal
Way City Code(FWCC) Section 22-1, based on a floor plan and site visit which confirmed"...that the
floor area dedicated to adult retail items is small comparatively to the whole store"and the confidential
inventory list provided'`...shows less than 20%of total items stocked are classified `adult use retail' and
that the value of those items is around 32%of the total inventory."
If the Lover's Package moves to the new proposed retail development at 1416 South 348th Street, and the
ratio of inventoried products remain consistent with the decision rendered in the April 17,2001, letter by
Kathy McClung, then the Lover's Package would be considered a"Retail, general, and specialty"use.
"Retail, general,and specialty"uses are allowed within the CE(Commercial Enterprise)zone per FWCC
Section 22-867. When submitting for a business license, please submit a floor plan and an inventory list
for review. If you have any questions,please feel free to contact me at 253-835-2622 or at
david.lee(&,c ityo ffederalway.com.
Sincerely,
David Lee '
Associate Planner
Doc.CD.45354
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RECEIVED BY
COMMUNITY DEVELOPMENT DEPARTMENT
APR 0 9 2008
April 7,2008
City OF Federal Way,Washington ,�'} 5( — (o I ( 9 c�_0 0
33325 8th Avenue South i' 1 + ( J
Federal Way,Wa. 98063
It Attention: Isaac Conlen; Community Develop Services Dept.
Reference: CALREV Project: 320th Federal Way
Dear Mr. Conlen,
We had our preliminary pre-application conference on said property on March 20th,08.
This was followed up with a meeting with David Lee, our assigned project planner on
April 2nd. Mr. Lee asked us to formalize our meeting clarification request.
Calrev has a lease"intent"from a current business in Federal Way,Wa., i.e. Lovers
(Lovers Package). This business has been in existence since 1989 in Federal Way. The
business is not now nor has never been classified as"Adult",per current codes and
definitions in effect in Federal Way. (We have attached a letter received during the last
review ordinance process with the City).
Lover's intent would be to do business as they have,clearly adhering to current codes
and ordinances, maintaining appropriate inventory mix use.
Lovers has always been good citizens,good community partners, and an excellent
retail merchant and tenant. They operate approx 35 stores,all in different jurisdictions
for over 27 years and have had NO community or compliance issues.
The intent of this letter is to inform the city prior and clarify that there would not be any
issues with this lease nor their move to this location. We are building a beautiful
complex and look forward to this tenant as a"value added"addition.
Should you require any further information,please advise us. We look forward to your
timely response so that this project may proceed ASAP.Thank YOU
Sincerely,
;441,v
Rick Barnett
Project Coordinator, Calrev,LLC
Cc: David Lee
Attachment: (1)
g,4 eiAcej, 253 —T5 ) 43SY
VOW
CITY OF r•—""'•
v •. CEIVED
FLY CITY HALL
33530 1st Way 'outh h i N 1 '••) LIig t
PO Box 9718 (253) 661-4000
April 17, 2001 u`. oFKEs OF Federal Way. WA 98063-9718
ti1ICHAFl1.REYXOLDS
Ms. Phyllis Heppenstall, CEO
Peekay Inc.
901 West Main Suite A C PY
Auburn WA 98001-5280
RE: Peekay, Inc., dba Lover's Package
Dear Ms. Heppenstall:
Thank you for providing the City of Federal Way with confidential inventory records and
advertising for your Federal Way store. I have reviewed your submitted materials and have
visited the store located at 2020 South 320th Street and have determined that the store does
not meet the definition of an adult use retail store according to Section 22-1 of the Federal Way
City Code based on the following facts:
1. The direct mail and newspaper store advertising does not represent adult retail items.
2. The store does not provide adult oriented merchandise as its substantial stock and
trade. Tnis conclusion is based upon:
a. A floor plan and site visit which confirms that the floor area dedicated to adult
retail items is small comparatively to the whole store.
b. The confidential inventory list provided shows that less than 20% of total items
stocked are classified "adult use retail"and that the value of those items is
around 32% of the total inventory.
As long as you keep your inventory in roughly this same proportion you are a permitted use in
the.City Center Core area. If you have any further questions, please call me at 253.661.4107. I
have notified the City Gerk's office of this decision which should release any hold on your
business registration.
I apologize for the delay of this letter. I recently accepted the Director's position and had to
study the issue and files pertaining to your case before making a determination.
Sincerely, v i h n
/N)648- 1 ce:r
KathyMcClung
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Director Community Development Services
c. Michael Reynolds
Boo StvCank,Gty AttOrtily
Outs Creel;Gty Cerk ( s` 1( / ..J�l
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