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13-10118041k CITY OF Federal Way DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 8f" Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.cit offederalwa . om DECLARATION OF DISTRIBUTION I, Stacey Curry hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) X Notice of Land Use Application & Optional DNS/MDNS for Kitts Corner Multifamily ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed ❑ e-mailed and/or X posted to or at each of the following addresses on May 3, 2013. Signature Posted Sites Federal Way City Hall: 33325 8t" Ave South Federal Way Library: 34200 1 st Way South -(Under Construction Date May 3, 2013 K:\2013 Kitts Corner Multifamily\SEPA\Declaration of Distribution.doc I - 1�k- Federal Way DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.cit offederal va .coM DECLARATION OF DISTRIBUTION I, E- s hereby declare, under penalty of perjury of the laws of the State of Washington, that a. ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) 10 Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was Al mailed ❑ faxed ge-mailed and/or ❑ posted to or at each of the attached addresses on 2013. r� Project Name File Number(s) 1,3 - L11 - U Signature Date ` K:\CD Administration Files\Declaration of Distribution.doc/Last printed 5/3/2013 9:53:00 AM MASTER BUILDERS ASSOC DEPT OF ECOLOGY PSRC 335 116TAVE SE ENVIRONMENTAL REVIEW SEC GROWTH MANAGEMENT DEPT " BELLEVUE WA 98004-6407 PO BOX 47703 1011 WESTERN AVE #500 ghuffman@mbaks.com OLYMPIA WA 98504-7703 SEATTLE WA 98104-1040 sepaunit@ecy.wa.gov imiller@psrc.org BRIAN ASBURY LAKEHAVEN UTILITY DIST PO BOX 4249 FEDERAL WAY WA 98063 basbury@lakehaven.org SOUTH KING FIRE & RESCUE 31617 1 ST AVE S FEDERAL WAY WA 98003 chris.ingham@southkingfire.org gordon.goodsell@southkingfire.org BRANDON REYNON PUYALLUP TRIBE OF INDIANS HISTORIC PRESERVATION DEPT 3009 E PORTLAND AVE TACOMA WA 98404 KC DEPT OF ASSESSMENTS 500 4T" AVE #ADM-AS-0708 SEATTLE WA 98104 REVIEW TEAM WA DEPT OF COMMERCE GROWTH MGT SERVICES PO BOX 42525 OLYMPIA WA 98504-2525 reviewteam@commerce.wa.gov FW CHAMBER OF COMMERCE PO BOX 3440 FEDERAL WAY WA 98063 pmullen@federalwaychamber.com terih@federalwaychamber.com SAM PACE SEA/KING CO ASSOC/REALTORS 29839 154T" AVE SE KENT WA 98042-4557 sampace@concentric.net FEDERAL WAY DISPOSAL PO BOX 1877 AUBURN WA 98071 MUCKLESHOOT INDIAN TRIBE LAURA MURPHY FISHERIES DIVISION TRIBAL ARCHAEOLOGIST ATTN ENVIRONMENTAL REVIEWER MUCKLESHOOT INDIAN TRIBE 39015 172ND AVE SE 39015 172ND AVE SE AUBURN WA 98092 AUBURN WA 98092 FEDERAL WAY NEWS 14006 1ST AVE S STE B BURIEN WA 98168 SEATTLE PI FEDERAL WAY MIRROR 2601 ELLIOTT AVE STE 300A 31919 1 ST AVE S STE 101 SEATTLE WA 98121 FEDERAL WAY WA 98003 ATTN NEWSROOM TACOMA NEWS TRIBUNE 1950 S STATE ST TACOMA WA 98405 newstips@thenewstribune.com Updated May 2, 2013 Tina Piety From: Tina Piety Sent: Friday, May 03, 2013 9:04 AM To: Garrett Huffman; sepaunit@ecy.wa.gov; imiller@psrc.org; basbury@lakehaven.org; reviewteam@commerce.wa.gov; Sam Pace; Chris Ingham; Gordon Goodsell; 'pmullen@federalwaychamber.com'; Teri Hickel; newstips@thenewstribune.com Cc: Margaret Clark Subject: Federal Way Notice of Application and Optional DNS Attachments: Notice of Master Land Use Application and Optional DNS.pdf Hello, Attached you will find a Notice of Master Land Use Application and Optional Determination of Nonsignificance (DNS) and environmental checklist for the City of Federal Way project of Kitts Corner Multifamily. The proposal is to change the designation of a proposed roadway to facilitate future constructions of a 208 unit multifamily complex. If you have any comments or questions, please contact Principal Planner Margaret Clark, AICP, at 253-835-2646, or Margaret.cJark@citvoffederalway.com. Tina Piety, Administrative Assistant II Department of Community and Economic Development City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-2601; Fax 253-835-2609 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 8th Avenue South -4�k' Federal Way WA 980C3 CITY OF 253-835-7000; Fax 253-835-2609 Federal Way www.cit offed ra}wa .com DECLARATION OF DISTRIBUTION -1 hereby declare, under penalty of perjury of the laws of the State of Washington, that a ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significarce (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Peimit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed X e-mai/ed and/or ❑ posted to or at each of the attached addresses on 2013. Project Name File Number(s) - /641 Y6, - 1" 5L- - 1 I - Signature - �C' Date K:\CD Administration Files\Declaration of Distribution.doc/Last printed 5/3/2013 9:53:00 AM CITY of Federal Way NOTICE OF MASTER LAND USE APPLICATION AND OPTIONAL DETERMINATION OF NONSIGNIFICANCE (DNS) Project Name: Kitts Corner Multifamily Project Description: Amendment to Ordinance 05-490 as subsequently amended by Ordinances 05.491, 05-492, 07-558, 08-581, and 09-614 to change. the designation of the proposed roadway connecting from South A Street through the proposed residential area from a public to a private street in order to facilitate the future construction of a 208 unit multifamily complex. Applicant: DevCo Inc., 11100 Main Street, Suite 301, Bellevue, WA 98004 Project Location: 33701 Pacific Highway South, Federal Way Date Application Received: March 14, 2013 Date Determined Complete: April 30, 2013 Date of Notice of Application: May 3, 2013 Comment Due Date: May 17, 2013 Environmental Review: Based upon review of a completed environmental checklist, and other information on file with the city, it is likely that the City of Federal Way will determine that the project will not have a probable significant adverse impact on the environment and expects to issue a Determination of Nonsignificance (DNS) for this project. The optional DNS process in WAC 197-11-355 is being used. This may be your only opportunity to comment on the environmental impacts of the proposed project. The proposal may include mitigation measures under applicable codes, and the review process may incorporate or require mitigation measures regardless of whether an environmental impact statement (EIS) is prepared. A copy of the subsequent threshold determination for the specific proposal may be obtained upon request. Agencies, tribes, and the public are encouraged to review and comment on the proposed project and its probable environmental impacts. Comments must be submitted by May 17, 2013. Permits Under Review: Use Process V (File #13-101180-UP) and State Environmental Policy Act (SEPA) Threshold Determination (File #13-101181-SE) Environmental Documents & Studies: Environmental Checklist; Environmental Threshold Determination for File #07- 100346-SE Relevant Environmental Documents Are Available at the Address Below: Yes Development Regulations Used for Project Mitigation: Federal Way Revised Code (FWRC) Title 14, "Environmental Policy" and Title 19, "Zoning and Development Code" Public Comment & Appeals: Any person may submit written comments on the land use application or the environmental impacts of the proposal to the Director of Community and Economic Development by 5:00 p.m. on May 17, 2013. Only persons, who submit written comments to the director (address below), or specifically request a copy of the decision, may appeal the decision. However, any interested party may appeal the environmental threshold determination. Details of appeal procedures fcr the requested land use decision will be included with the written decision. Issuance of Final Environmental Determination: The final Determination of Nonsignificance (DNS) may be issued without a second comment period, unless timely comments identify probable significant adverse impacts that were not considered by the Notice of Optional DNS. A copy of the DNS may be obtained upon request. Public Hearing: A public hearing pursuant to FWRC Chapter 19.75 will be held at a later date. Notice will be provided in accordance with FWRC 19.75.060. Availability of File: The official project file is available for public review at the Department of Community and Economic Development, 33325 8tn Avenue South, Federal Way, WA 98003. Staff Contact: Principal Planner Margaret Clark, 253-835-2646, Margaret.clark- �Dcityoffederalway.com Published in the Federal Way Mirror on May 3, 2OI3. KA2013 Kitts Comer Multifamil�Notice ofApplication Optional DNS.doc Tina Piety From: Mary Lou Goss <mgoss@fedwaymirror.com> Sent: Thursday, May 02, 2013 9:55 AM To: Tina Piety Subject: Re: Legal Notice All taken care of :) Mary Lou Goss Office Coordinator/ Advertising Sales Consultant Office: 253-925-5565, Ext 3056 Internal: 02-3056 31919 1 st Ave S, Ste 101, Federal Way, WA 98003 Sound Publishing, Inc. Map Print Rates Online Rates Media Kit Sound Info On Thu, May 2, 2013 at 8:41 AM, Tina Piety CTina.Piety cityoffederalwayxon�> wrote: Hello, Please publish the attached legal notice (Kitts Corner Multifamily NOA & Optional DNS, 13-101180) in Friday's (5/3/13) issue. Please furnish an affidavit of publication. Thank you, Tina Piety, Administrative Assistant II Department of Community and Economic Development City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-2601, Fax 253-835-2609 1 CIT Federal Way DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.cityoffederalwcv.com DECLARATION OF DISTRIBUTION I, L- hereby declare, under penalty of perjury of the laws of the State of Washington, that a: (J--� ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significarce (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was mailed ❑ faxed ❑ e-mailed and/or ❑ posted to or at each of the attached addresses on 2013. Project Name File Number(s) 3 O- x- - C)O Rl-- _ Signature o Date -3 l K:\CD Administration Files\Declaration of Distribution.doc/Last printed 5/3/2013 9:53:00 AM s CITY OF Federa I Way NOTICE OF MASTER LAND USE APPLICATION AND OPTIONAL DETERMINATION OF NONSIGNIFICANCE (DNS) Project Name: Kitts Corner Multifamily Project Description: Amendment to Ordinance 05490 as subsequently amended by Ordinances 05-491, 05-492, 07-558, 08-581, and 09-614 to change the designation of the proposed roadway connecting from South 336"' Street through the proposed residential area from a public to a private street in order to facilitate the future construction of a 208 unit multifamily complex. Applicant: DevCo Inc., 11100 Main Street, Suite 301, Bellevue, WA 98004 Project Location: 33701 Pacific Highway South, Federal Way Date Application Received: March 14, 2013 Date Determined Complete: April 30, 2013 Date of Notice of Application: May 3, 2013 Comment Due Date: May 17, 2013 Environmental Review: Based upon review of a completed environmental checklist, and other information on file with the city, it is likely that the City of Federal Way will determine that the project will not have a probable significant adverse impact on the environment and expects to issue a Determination of Nonsignificance (DNS) for this project. The optional DNS process in WAC 197-11-355 is being used. This may be your only opportunity to comment on the environmental impacts of the proposed project. The proposal may include mitigation measures under applicable codes, and the review process may incorporate or require mitigation measures regardless of whether an environmental impact statement (EIS) is prepared. A copy of the subsequent threshold determination for the specific proposal may be obtained upon request. Agencies, tribes, and the public are encouraged to review and comment on the proposed project and its probable environmental impacts. Comments must be submitted by May 17, 2013. Permits Under Review: Use Process V (File #13-101180-UP) and State Environmental Policy Act (SEPA) Threshold Determination (File #13-101181-SE) Environmental Documents & Studies: Environmental Checklist; Environmental Threshold Determination for File #07- 100346-SE Relevant Environmental Documents Are Available at the Address Below: Yes Development Regulations Used for Project Mitigation: Federal Way Revised Code (FWRC) Title 14, "Environmental Policy" and Title 19, "Zoning and Development Code" Public Comment & Appeals: Any person may submit written comments on the land use application or the environmental impacts of the proposal to the Director of Community and Economic Development by 5:00 p.m. on May 17, 2013. Only persons, who submit written comments to the director (address below), or specifically request a copy of the decision, may appeal the decision. However, any interested party may appeal the environmental threshold determination. Details of appeal procedures for the requested land use decision will be included with the written decision. Issuance of Final Environmental Determination: The final Determination of Nonsignificance (DNS) may be issued without a second comment period, unless timely comments identify probable significant adverse impacts that were not considered by the Notice of Optional DNS. A copy of the DNS may be obtained upon request. Public Hearing: A public hearing pursuant to FWRC Chapter 19.75 will be held at a later date. Notice will be provided in accordance with FWRC 19.75.060. Availability of File: The official project file is available for public review at the Department of Community and Economic Development, 33325 80' Avenue South, Federal Way, WA 98003. Staff Contact: Principal Planner Margaret Clark, 253-835-2646, MargLret.clarkacit Looffederalway_com Published in the Federal Way Mirror on May 3, 2013. K 2013 Kitts Comer MultifamilyWotice of Application Optional DNS.doc g s all k : � $Ogj j+xWK plIPIal ? plime at 1141JIgn x -IT I 1 . - _ _►rt�,� Ord--- • 1 I I II I I I J � I I� 1 I � I 1� 1 wnos3nlvanrx�r � h I a X 1 w�wsanvanr►u9r I 1 ' WAR 1 OQ1LxN • 1 0 y co I3 Q � �� ?[• c V f 132a18000L0 2021049001 2021049002 KRS HOLDINGS LLC MERLINO JEAN M+PAUL SKCMSC FEDERAL WAY ASSOCS 34100 9TH AVE S 11738 0 NW 1001 S 336TH ST FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 2021049004 2021049051 2021049069 KNIGHT CREDIT TRUST PROGRESSIVE CASUALTY INSURANCE KITTS CORNER PARTNERS L L C 33901 PACIFIC HWY S 34001 PACIFIC HWY S 33601 PACIFIC HWY S FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 2021049070 2021049072 2021049080 CAMPUS GATEWAY ASSOCIATES PETERSON L R DDS JONES RALPH 33701 PACIFIC HWY S 34051 PACIFIC HWY S 34010 PACIFIC HWY S FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 2021049086 2021049090 9265030040 L& D WA LLC NELSON E CURTIS+ELIZABETH A T L C ENTERPRISES 33903 PACIFIC HWY S 33905 PACIFIC HWY S 1336 S 336TH ST FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 2021049120 2021049119 2121049024 2121049025 PATTISON MICHAELA+LARRY W MCELROYTHORNTON F OH INVESTMENTS LLC 34020 PACIFIC HWY S 1700 S 340TH ST 33606 PACIFIC HWY S FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 2121049026 2121049068 9265030035 2121049037 2121049027 CHRISTIAN FAITH CENTER KINDERCARE LEARNING CENTERS INC RED CANOE CREDIT UNION 33832 PACIFIC HWY S 3350413TH PL S PO BOX 3020 FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 LONGVIEW, WA 98632 2121049050 9265030010 3903800150 MCELROY THORNTON F JUNG DU SIK+LUNG ANN Y SPECTRUM BUSINESS PARK & 34020 PACIFIC HWY S 33501 PACIFIC HWY S SPECTRUM PLAZA L L C FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 1610 S 341ST PL FEDERAL WAY, WA 98003 3903800160 7978200050 7978200060 9265010080 INSTITUTE FOR FAMILY DEV GLEE DRAPER WASHINGTON TRUCKING ASSN 3400416TH AVE S 33370 PACIFIC HWY S 930 S 336TH ST FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 9264800110 9264800140 9264800120 9265030030 CAMPUS BUSINESS PARK ROLLING FRITO—LAY SALES LP WOODLAND REALTY SERVICES 34004 9TH AVE S 7701 LEGACY DR #MD-4A-3 1500 S 336TH ST FEDERAL WAY, WA 98003 PLAN 0, TX 75024-4099 FEDERAL WAY, WA 98003 9264800150 9265010010 9265030020 9265030050 OMNI PROPERTIES INC HOEFER HOLDINGS L L C HASSEN PROPERTIES INC 909 S 336TH ST 33525 PACIFIC HWY S 1230 S 336TH ST FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 r 9265030053 SCHULTZ MURPHY PROPERTIES 3350513TH PL S FEDERAL WAY, WA 98003 9265030055 MULTI SERVICE CENTER 1200 S 336TH ST FEDERAL WAY, WA 98003 .r CITY OF Federal Way NOTICE OF MASTER LAND USE APPLICATION AND OPTIONAL DETERMINATION OF NONSIGNIFICANCE (DNS) Project Name: Kitts Corner Multifamily Project Description: Amendment to Ordinance 05-490 as subsequently amended by Ordinances 05-491, 05-492, 07-558, 08-581, and 09-614 to change the designation of the proposed roadway connecting from South 336ffi Street through the proposed residential area from a public to a private street in order to facilitate the future construction of a 208 unit multifamily complex. Applicant: DevCo Inc., 11100 Main Street, Suite 301, Bellevue, WA 98004 Project Location: 33701 Pacific Highway South, Federal Way Date Application Received: March 14, 2013 Date Determined Complete: Apri130, 2013 Date of Notice of Application: May 3, 2013 Comment Due Date: May 17, 2013 Environmental Review: Based upon review of a completed environmental checklist, and other information on file with the city, it is likely that the City of Federal Way will determine that the project will not have a probable significant adverse impact on the environment and expects to issue a Determination of Nonsignificance (DNS) for this project. The optional DNS process in WAC 197-11-355 is being used. This may be your only opportunity to comment on the environmental impacts of the proposed project. The proposal may include mitigation measures under applicable codes, and the review process may incorporate or require mitigation measures regardless of whether an environmental impact statement (EIS) is prepared. A copy of the subsequent threshold determination for the specific proposal may be obtained upon request. Agencies, tribes, and the public are encouraged to review and comment on the proposed project and its probable environmental impacts. Comments must be submitted by May 17, 2013. Permits Under Review: Use Process V (File #13-101180-UP) and State Environmental Policy Act (SEPA) Threshold Determination (File #13-101181-SE) Environmental Documents & Studies: Environmental Checklist; Environmental Threshold Determination for File #07- 100346-SE Relevant Environmental Documents Are Available at the Address Below: Yes Development Regulations Used for Project Mitigation: Federal Way Revised Code (FWRC) Title 14, "Environmental Policy" and Title 19, "Zoning and Development Code" Public Comment & Appeals: Any person may submit written comments on the land use application or the environmental impacts of the proposal to the Director of Community and Economic Development by 5:00 p.m. on May 17, 2013. Only persons, who submit written comments to the director (address below), or specifically request a copy of the decision, may appeal the decision. However, any interested party may appeal the environmental threshold determination. Details of appeal procedures for the requested land use decision will be included with the written decision. Issuance of Final Environmental Determination: The final Determination of Nonsignificance (DNS) may be issued without a second comment period, unless timely comments identify probable significant adverse impacts that were not considered by the Notice of Optional DNS. A copy of the DNS may be obtained upon request. Public Hearing: A public hearing pursuant to FWRC Chapter 19.75 will be held at a later date. Notice will be provided in accordance with FWRC 19.75.060. Availability of File: The official project file is available for public review at the Department of Community and Economic Development, 33325 81h Avenue South, Federal Way, WA 98003. Staff Contact: Principal Planner Margaret Clark, 253-835-2646, Margaret.clark@cityoffederalwaycom Published in the Federal Way Mirror on May 3, 2013. KA\2013 Kitts Comer Multifamily\Notice of Application Optional DNS doc CITY of CITY HALL 33325 8th Avenue South A. Federal Way Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com Mr. Matt Hough May 1, 2013 matt@cphconsultants.com VIA E-MAIL Re: Files #13-101180-UP and 13-101181-SE; Kitts Corner Multifamily Dear Mr. Hough: The Department of Community and Economic Development is in the process of reviewing your request to amend Ordinance 05-490 as subsequently amended by Ordinances 05-491, 05-492, 07-558, 08-581, and 09-614. Specifically, the request is to change the designation of the proposed roadway connecting from South 336 h Street through the residential area from a public to a private street in order to facilitate the future construction of a 208 unit multifamily complex. The project is being reviewed under the provisions of Federal Way Revised Code (FWRC) 19.75, "Process V — Quasi-judicial Rezones," and pursuant to the State Environmental Policy Act (SEPA) review. We received the initial application on March 14, 2013, and on April 9, 2013, we notified you that we needed additional information in order to process the application further. You subsequently submitted the requested information on April 18 and April 30, 2013. The next step in the process will be the issuance of a combined Notice of Application (NOA) and optional Determination of Nonsignificance (DNS) on May 3, 2013. At that time, the notice will be published in the Federal Way Mirror, one copy will be posted on each of the official notification boards, a copy will be mailed to property owners within 300 feet of the subject property, and agencies with jurisdiction will be notified. Please note that the applicant is responsible for the installation of two on -site notice boards, one along the South 336t" Street frontage and one along the Pacific Highway South street frontage, both in the vicinity of the intersection of the proposed road and the roadways. This sign must be installed on or before May 3, 2013. The city will prepare the four- by four -foot notice boards and it will be available for pick-up at the Community and Economic Development Department reception desk on May 2, 2013. Following installation of the notice boards, the applicant is required to sign and return to the city a Sign Installation Certificate (enclosed) within five days. Please refer to the enclosed public notice board handout for installation instructions. If you have any questions regarding this letter or your application, please feel free to contact me at 253- 835-2646, or margaret.clark@cityoffederalway.com. Sincerely, /yV)o„�wJ U CA" Margaret H. Clark, AICP Principal Planner c: tneubauer@devcoapts.com Jhunden@devcoapts.com Jarnic@cphconsultants.com ross@rdarchitect.com K12013 Kitts Comer Multifamily\050113 Correspondence, doe N O' V u. �o i y o N, a a da � N � O ' c a n a ° d LL' 0 01 O > d2 1 QO m of {y tq Nl [9 Z ! GO N O Ep �_ Q °' LO Y �o = ^ O O f� O ao OD co N n cc^ 1% _ N N N N N \ N M \ N T7 M l9' o Q in h h `O -O N of N h N h h h h h h 3 (Y W N N M M M M M M M M M M M M M M M M M M M M M M M M M M M M M t a N N P N N N\\ N ^ N N N N N N f� �� C•l \ M Q p \ \ n \'O -o ^ \ \\\\\\\\\\\\ ap N N a �. M .� .� ��'1 Q .� h C C Q Q N h h h h h h h h h h J. r w w LL ;�" f f 3 f r 3 3 3 3 3 T w �` J•. T .ie Y T >. T. J+ a G >. T T T T T T T T T T T 3 v° v° v v v -°° -a -0v° M -° -ao 'aa 0 N d h u'1 h^ N^ M Q^ M �- N Q Q ^- ^ 0 0 0 M ^ T T a � d 3cr (•1 'o 0 i` a �%n v 3 a i s c c 5 j7 c E a D a= oe a E 3 d ra m � w •i w u � v� � V �' d a o. o= � •E a. Q U a � Y U e° v °c c o. o a• ¢ :t -a ` c c v ° c m Z c �i c p O Y ° y >, J¢ t `c a_ a a c V^ oc y� CO a p 0 a V u ° e c E o c a w c a. u o u O C O cc V O T C •` O 0 a c a a a= 0 3 8„= o £ N d d d _ p °g u o a o cm v m 6 c� q� d o N a a O C3i d V U � � O u � •u C� L � O .Y a c �� •u -FI E c LL c a a> E E a Q O y m o E > W a m Z V • p 0 .0 d C U vi U e°e U d U i i t`n V= �n o°c (� 3 f U i U G M Y 2 I�Im `PO N N I N C'1 O'^ N n h h N m M V C a J z O V W rA !n \ \ \ \ .a .a .a .a .a W) LL IL O IL 1L IL — W C ° 7 ° ° ^ ° ^ ^ 7 ■ M M M M 1� O �n n r t N M \ \ N _ re1 f 'a 'a h � \O t 1 � .O 'C 10 a\° 3 Y M O T T I•. T T J+ T T T T T T T T �' ts T o -o v° -°a °a v° v° -,a .0 -0v° -°a v° -° '°a °° v° G n M M m M M M m ^ N M It N M p p PI P a a E a o _ c ° m U e t 3 C G a u £ c 3 3'o °> oo E a= s 0 a<° ox W Q N D V � O •� � O D � u°i p � d E � � � C C a ,9 � V .: ° W L `AL 0 c m _° �, o s a a d c E a a e a r Lt o 3 o `a `a ; u d< (� v> In c49 L a o U O —0 >0 ° i°`°° o U X& a •a Q (9 3 d .v c y°o •o ° c 1 V Uto V V o[ V V A 1 2 W W 3� cn v1 In N N h N In •00 •O �O �O d �O .0 .0 •O n n n n n n n P^ 4 CP H CONSULTANTS April 16, 2013 Ms. Margaret H. Clark Principal Planner City of Federal Way 33325 8"' Avenue South Federal Way, WA 98003-6325 RESUBMITTED APR 18 2013 CITY OF FEDERAL WAY CDS RE: Kitts Corner Multifamily — CPH Project No. 0024-12-017 City Files # 13-1011SO-UP and # 13-101181-SE Responses to Plan Review Comments Ms. Clark, Site Planning Civil Engineering Project Management Land Development Consulting This letter and the following enclosed information comprise the re -submittal for the Process V Master Land Use Application and Environmental Checklist Review for the Kitts Corner Multifamily project: 4 — Additional copy of this response letter 1 — Revised cover letter to Isaac Conlen, original (April 16, 2013) 4 — Revised cover letter to Isaac Conlen, copies (April 16, 2013) 8 — Conceptual Site Plan, revised (April 17, 2013) 8 — SEPA Checklist, revised (April 17, 2013) 1 — SEPA Checklist, revised, electronic version (sent via email to Margaret.Clark — cityof_federalway.com ) 1 — "strikeout" of Attachment A, Conditions of Approval of Ordinance 09-614, hardcopy 1 — "strikeout" of Attachment A, Conditions of Approval of Ordinance 09-614, electronic version (sent via email to Margaret.Clark@cityoffederalway.com ) 2 — Building N Elevations, plan sheet P3 (full-size, color; Buildings F, R, and Q similar) 2 — Architectural plan sheet A3.9 for example of building elevations for larger Buildings L and P shown in Conceptual Site Plan (full-size) These documents have been updated or otherwise prepared in response to the comments provided in your April 9, 2013 letter. Specific responses to the City's review comments are as follows: REQUEST FOR CHANGES TO THE SITE PLAN: The site plan is being required as part of the Process V, Quasi -Judicial Review, and will not be reviewed for compliance with the provisions of the Federal Way Revised Code (FWRC) for Process III, Project Approval at this stage. The following changes must be made prior to the city moving forward to the next step of issuing an environmental determination: The site plan must be modified to remove any information related to the development standards associated with multi -family in the RM 2400 zone, such as setbacks, height, open space, or required parking. Response: The enclosed Conceptual Site Plan has been updated to remove the RM2400 zoning references as requested. 733 7th Avenue, Suite 100 • Kirkland, WA 98033 • Phone: (425) 285-2390 • Fax: (425) 285.2389 www.cphconsultants.com Kitts Corner Multifamily Response to Request for Additional Information CPH No. 0024-12-017 April 16, 2073 Page 2 of 3 2. The zoning boundary between the RM 2400-zoned area to the west and the BC -zoned area to the east must be shown as per Ordinance 09-614 (enclosed). Response: The zoning boundaries shown on the enclosed Conceptual Site Plan have been revised to correspond to those shown in the attachments of the provided copy of the Ordinance. 3. The alignment of the full roadway system as shown on the approved master plan, and as conditioned by Ordinance 05-490 as subsequently amended, must be shown for the eastern portion of the site as faded with the requested changes shown in a bolder format. Response: The enclosed Conceptual Site Plan has been revised to show the approved master plan in background on the eastern (commercial) portion of the site. This background is faded back and the proposed improvements relevant to this application are shown prominent. 4. The secondary access is intended to serve the residential development on the west side and will not be for emergency purposes only as stated on page 2 of the March 14, 2013, correspondence. Response: A revised cover letter addressed to Mr. Conlen (to match original submittal) is included with this re - submittal to remove references to emergency vehicle access only for the interim roads. Page 2 of the March 14, 2013, correspondence states that two potential alignments for the secondary access road are shown on the conceptual site plan. However, only one is shown. Please provide that other alternative or state that there is only one proposal. Response: Only one alignment is proposed for the interim secondary access road. The revised cover letter and Conceptual Site Plan enclosed have been updated to remove reference to alternate roadway alignments. 6. Elevations have only been provided for Building N. Please provide elevations for the other larger buildings or provide a description of the design of the entrances facing the internal road. Response: The architectural design for the specific buildings is in progress and detailed elevations will be provided as required with the subsequent Process III/Site Plan Approval permit application. In the meantime, it can be said that Buildings F, R, and Q as shown on the enclosed plan are the same building type/size as Building N. The larger Buildings L and P will have elevations similar to the enclosed plan sheet A3.9 (from another project). The design of the entries facing the internal driveway areas and/or promenade will include patterned concrete, trellises, and landscape similar to those shown on the Building N elevation. 7. Please provide a strikeout, underline version of those conditions that are being requested to be changed. The existing conditions of approval are being provided to you as Exhibit A (enclosed). Response: A strikeout version of the existing conditions of approval (Exhibit A) is enclosed. An electronic (Word) version has also been provided separately for your use via email. COMMENTS ON THE ENVIRONMENTAL CHECKLIST Responses to the questions in the checklist appear to be for the 208 unit multifamily complex rather than the proposal to change the road from public to private. Please provide an electronic copy of the checklist so that we can clarify what is being proposed. Response: The enclosed SEPA Checklist has been revised to clarify that it is being provided only for the purpose of completing the application and request to modify the Federal Way Village conditions of approval to remove the requirement for a public road through the residential area. Preliminary project data remains in this SEPA checklist for reference of the currently planned scope. Kitts Corner Multifamily Response to Request for Additional Information CPH No. 0024-12-017 April 16, 2013 Page 3 of 3 Please contact me directly at (425) 285-2391 or by e-mail at mott@cphconsultants.com if you have questions or need any additional information to complete your review and approval of the project. Your prompt response is appreciated. Thank you. Sincerely, rDw r—eid+r n+c mciosures Cc: Mr. Jack Hunden (DevCo) copy to file CONSULTANTS April 16, 2013 Mr. Isaac Conlen Planning Manager City of Federal Way 33325 Eighth Avenue South Federal Way, WA 98003 Re: Kitts Corner Multifamily—CPH Project No. 0024-12-017 Federal Way Village —City File No. 07-100345-UP Request for Modification of Ordinance #05-490 Mr. Conlen, Site Planning Civil Engineering Project Management Land Development Consulting RESUBMITTED APR 18 2013 CITY OF FEDERAL. WAY CDS This correspondence is provided on behalf of my client, DevCo, Inc., to formally request a modification to existing City of Federal Way (COFW) Ordinance #05-490. The requested ordinance modification would remove the requirement for a public roadway through the westerly multifamily portion of the previously approved Federal Way Village Mixed Use project (City file no. 07-100345-UP). The removal of the public road requirement for this area of the master plan is necessary to optimize the residential density of the site. This letter along with the following enclosed information is provided to support the City's processing and ultimate approval of the requested modification of Ordinance #05-490: 8 ea. — Master Land Use Application 8 ea. — Letter acknowledging current property owners' support of the requested ordinance modification (March 6, 2013) 8 ea. — Conceptual Site Plan 8 ea. — Typical Building Elevations 8 ea. — SEPA Checklist ea. — Title Report 1 ea. — Mailing list w/2 sets of addressed stamped envelopes for properties within 300 feet of the property Modification to Ordinance #05-490 The properties comprising the Federal Way Village Mixed Use project (FWV) were rezoned from Business Park (BP) to the current multifamily (RM-2400) and Community Business (CB) designations as part of that project approval. The conditions of this rezone approval were incorporated into and adopted by the City with Ordinance #05-490. The project site area designated as RM-2400 and condition 3 (section 2) of the ordinance are the subject of this modification request. Condition 3(c) states that a public "...roadway connecting from South 336th Street through the residential area, connecting to 131h Place South extended..." shall be designed, constructed, and dedicated. City approval of the requested modification to Ordinance #05-490 would omit Condition 3(c) in its entirety. 733 71h Avenue, Suite 100 - Kirkland, WA 98033 • Phone: (425) 285-2390 - Fax: (425) 285-2389 www.cphconsultanis.com Kitts Corner Multifamily �) Request for Modification of Ordinance #05-490 Basis for Modification of Ordinance #05-490 CPH Project No.0024-12-017 April 16, 2013 Page 2 of 2 The enclosed Conceptual Site Plan shows the Applicant's current proposal for multifamily residential development on the RM-2400 portion of the FWV site. This latest plan proposes a combination of multi- story stacked and carriage -style buildings arranged for a total of 208 residential units. The irregular - shaped development area of the site is established by the Wetland 1 and 2 buffers. Proposed residential buildings are arranged along these buffer edges to optimize density as well as to take full advantage of this resource amenity. A decorative concrete or similarly surfaced public promenade is proposed to traverse the residential areas from South 336"' Street to a half -street connection at the future commercial areas in the southerly reaches of the FWV site. Individual building entries along this promenade will have architectural treatments that enhance the pedestrian experience. An interim secondary access is planned to extend from the half- street/promenade connection in the south northerly through the future commercial area. The proposed alignment of this road as shown in the enclosed Conceptual Site Plan generally follows the public road and parking drive aisles presented in the FWV master plan. That portion of the secondary access on the easterly, commercial (BC) portion of the FWV site would be either widened to its full standard roadway width or a new roadway may replace segments depending on the final site plan approved for that area. The Conceptual Site Plan has been developed collaboratively with input from the City's planning staff and our own design team of architects, civil engineers, traffic consultants, and wetland biologists. So, although a full and formal Process III review has not yet been completed for this site plan, it is believed to comply with all typical development standards for the multifamily zone as well as the additional applicable design guidelines for the FWV project. The final site plan review and approval process will occur concurrent with or subsequent to Council approval of the requested modification of Ordinance #05-490. Your continued assistance and prompt response to this request is very much appreciated. Please, do not hesitate to contact me directly if you need any additional information to complete your process. I look forward to working with you and the City. Sincerely, Enclosures Cc: Jack Hunden (DevCo, Inc.), Applicant Ross Deckman, AIA (RDA) copy to file CPIH CONSULTANTS April 16, 2013 Mr. Isaac Conlen Planning Manager City of Federal Way 33325 Eighth Avenue South Federal Way, WA 98003 Re: Kitts Corner Multifamily—CPH Project No. 0024-12-017 Federal Way Village —City File No. 07-100345-UP Request for Modification of Ordinance #05-490 Mr. Conlen, Site Planning Civil Engineering Project Management Land Development Consulting This correspondence is provided on behalf of my client, DevCo, Inc., to formally request a modification to existing City of Federal Way (COFW) Ordinance #05-490. The requested ordinance modification would remove the requirement for a public roadway through the westerly multifamily portion of the previously approved Federal Way Village Mixed Use project (City file no. 07-100345-UP). The removal of the public road requirement for this area of the master plan is necessary to optimize the residential density of the site. This letter along with the following enclosed information is provided to support the City's processing and ultimate approval of the requested modification of Ordinance #05-490: 8 ea. — Master Land Use Application 8 ea. — Letter acknowledging current property owners' support of the requested ordinance modification (March 6, 2013) 8 ea. — Conceptual Site Plan 8 ea. — Typical Building Elevations 8 ea. — SEPA Checklist ea. — Title Report ea. — Mailing list w/2 sets of addressed stamped envelopes for properties within 300 feet of the property Modification to Ordinance #05-490 The properties comprising the Federal Way Village Mixed Use project (FWV) were rezoned from Business Park (BP) to the current multifamily (RM-2400) and Community Business (CB) designations as part of that project approval. The conditions of this rezone approval were incorporated into and adopted by the City with Ordinance #05-490. The project site area designated as RM-2400 and condition 3 (section 2) of the ordinance are the subject of this modification request. Condition 3(c) states that a public "...roadway connecting from South 336'I' Street through the residential area, connecting to 13th Place South extended..." shall be designed, constructed, and dedicated. City approval of the requested modification to Ordinance #05-490 would omit Condition 3(c) in its entirety. 733 71h Avenue, Suite 100 • Kirkland, WA 98033 • Phone: (425) 285-2390 • Fax: (425) 285-2389 www.cphconsultants.com Kitts Corner Multifamily Request for Modification of Ordinance #05-490 Basis for Modification of Ordinance #05-490 ,I Project No.0024-12-017 April 16, 2013 Page 2 of 2 The enclosed Conceptual Site Plan shows the Applicant's current proposal for multifamily residential development on the RM-2400 portion of the FWV site. This latest plan proposes a combination of multi- story stacked and carriage -style buildings arranged for a total of 208 residential units. The irregular - shaped development area of the site is established by the Wetland 1 and 2 buffers. Proposed residential buildings are arranged along these buffer edges to optimize density as well as to take full advantage of this resource amenity. A decorative concrete or similarly surfaced public promenade is proposed to traverse the residential areas from South 336"h Street to a half -street connection at the future commercial areas in the southerly reaches of the FWV site. Individual building entries along this promenade will have architectural treatments that enhance the pedestrian experience. An interim secondary access is planned to extend from the half- street/promenade connection in the south northerly through the future commercial area. The proposed alignment of this road as shown in the enclosed Conceptual Site Plan generally follows the public road and parking drive aisles presented in the FWV master plan. That portion of the secondary access on the easterly, commercial (BC) portion of the FWV site would be either widened to its full standard roadway width or a new roadway may replace segments depending on the final site plan approved for that area. The Conceptual Site Plan has been developed collaboratively with input from the City's planning staff and our own design team of architects, civil engineers, traffic consultants, and wetland biologists. So, although a full and formal Process III review has not yet been completed for this site plan, it is believed to comply with all typical development standards for the multifamily zone as well as the additional applicable design guidelines for the FWV project. The final site plan review and approval process will occur concurrent with or subsequent to Council approval of the requested modification of Ordinance #05-490. Your continued assistance and prompt response to this request is very much appreciated. Please, do not hesitate to contact me directly if you need any additional information to complete your process. I look forward to working with you and the City. Sincerely, Matthew President Enclosures Cc: Jack Hunden (DevCo, Inc.), Applicant Ross Deckman, AIA (RDA) copy to file 0 13 W a I I RHM. AMH M13Vd H1l7DS3!lN3AVHlZF y I I til I f ` .. 71 C f7 it N O m �, HIWS3nN34VHL9T ya � s x� cc 0 M M "■ 11 ' 11, RIII F mnm - : �: �l t1 ofIfI�IINIII - =�M �11 . �w Illlf - �111i1 . ..Ell _ ■- ■_ i t ^ lilll� IImull � _ � 1�I�Il�lllllflllfllll�l) ROD II [IIlII ___ :71 : 1 � :31 ::1 ::■ ::■ �= illl[�I 1 Illlfl![[II :.I :71 • Imam HIM ,�� ::■ ��� ::■ Imlln I gyp` 111111i,11l1E II I„;���� __)'itts Corner Multifamily Ordinance Modification, Process V A. BACKGROUND 1. Name of proposed project, if applicable: Kitts Corner Multifamily 2. Name of applicant: DevCo., Inc. 3. Address and phone number of applicant and contact person: 11100 Main Street, Suite 301 Bellevue, WA 98004 Ph: (425) 453-9551 Contact: Mr. Tom Neubauer 4. Date checklist prepared: March 7, 2013 5. Agency requesting checklist: City of Federal Way 6. Proposed timing or schedule (including phasing, if applicable): Environmental Checklist RESU BM17rED APR 18 2013 CITY OF FEDERAL WAY CDS This checklist has been prepared in support of the request to amend the conditions of approval for the Federal Way Village relating to the requirement for a public roadway through the residential (RM2400) portion of the master plan. A subsequent and/or supplemental environmental checklist will accompany future land use applications for the specific multifamily project. The planned site development project proposes to begin clearing and grading in late 2013 or early 2014. Site work is expected to continue into Winter/Spring 2014. Building construction is planned to begin in Spring/Summer of 2014. Final occupancy and operations are planned for the end of 2014. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No. There are no plans to phase the project or develop future additions or expansions relative to this proposal. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Project -specific geotechnical, wetland, and traffic studies will be prepared with the separate and subsequent land use (Process III) and engineering permit applications. The existing wetlands and their associated buffers as shown on COM Bulletin #050 / April 16, 2013 Page 1 of 16 is Corner Multifamily Ordinance Modification, Process V Environmental Checklist the attached site plan were established with previous entitlements and agreements with the City of Federal Way (AFN 9704211047, 9704221247, 9704211048, 9704211050). Other environmental documents may also have been prepared previously for the approval of the Federal Way Village Mixed Use project (City File No. 07-100345-UP), but copies of those were not available at the time that this checklist was prepared. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. No government approvals or other proposals directly affecting the property are known to be pending. 10. List any government approvals or permits that will be needed for your proposal, if known. City of Federal Way — Site/Project Approval (Process III), Engineering/Land Surface Modification, Building Permit, Right -of -Way Use Permit, Occupancy Permit, various trade permits Washington State DOE — NPDES General Construction Storm Water Permit 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. This checklist has been prepared in support of the request to amend the conditions of approval for the Federal Way Village relating to the requirement for a public roadway through the residential (RM2400) portion of the master plan. A subsequent and/or supplemental environmental checklist will accompany future land use applications for the specific multifamily project. The following is a summary of the preliminary site development concept for reference/context: The project proposes to develop the upland areas within the approximately 18.0 acre westerly portion of the Federal Way Village Mixed Use (FWV) project to provide 208 multifamily residential units with and private onsite recreation facility. The project will include paved driveway and parking areas, concrete sidewalks, and interior landscape areas adjacent to the native wetland buffers and fully -developed neighboring properties. 21 different buildings ranging from 2-unit carriages to 24-unit stacked -flat style structures create the 208 residential units. The onsite recreation building is approximately 20,000 square feet and typically contains a basketball court, a swimming pool, weight/workout rooms, and other similar amenities for the residents of the community. 333 surface parking stalls have been identified for use by the residents. Access to the site is provided at its northerly frontages along South 336`h Street, east of the intersection of 13th Place South. COFW Bulletin #050 / April 16, 2013 Page 2 of 16 Kitts Corner Multifamily Ordinance Modification, Process V Environmental Checklist This westerly portion of the FWV site where this multifamily project is proposed is currently undeveloped with forest, scrub brush, and other natural cover. The existing vegetation in the upland area where development is proposed will be removed with this project. A conceptual site plan and typical building elevations are included with this checklist as part of the project approval application. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The project site occupies an area within the approximately 18.0 acre westerly portion of the FWV site which is located at the southwest corner of the intersection of South 336th Street and SR-99 (Pacific Highway South). The Conceptual Site Plan provides additional boundary, topographic, and location information for the site. B. ENVIRONMENTAL ELEMENTS EARTH a. General description of the site (circle one): flat, rolling, hilly, steep slopes, mountainous, other. b. What is the steepest slope on the site (approximate percent slope)? Existing grades of the site are relatively flat or rolling over most of the developable areas. The steepest slopes occur at the transition area along the southerly right-of- way of South 336th Street and portions of the buffer area in the southern reaches of the site. These "steep" slope areas range from approximately 24% to 33%. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, mulch)? If you know the classification of agricultural soils, specify them and note any prime farmland. The developable area of the site is underlain by Everett-Alderwood gravelly sandy loams 0 to 6 percent slopes (EwC) per the NRCS soils map for the King County Area, Washington. A site -specific geotechnical study will be completed for the project with subsequent permit applications. d. Are there surface indications or history of unstable soils in the immediate vicinity? If COFW Bulletin #050 / April 16, 2013 Page 3 of 16 is Corner Multifamily Ordinance Modification, Process V Environmental Checklist so, describe. There were no surface indications or history of unstable soils on the site or in the immediate vicinity. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Filling and grading will occur on the site to bring it to the elevations necessary to support the proposed multifamily buildings with pedestrian routes meeting ADA standards. Preliminary design analyses indicate that the project will likely require import of soil material to complete the finished site grades. Specific earthwork quantities are not yet known at this preliminary stage of design. Any fill will be imported from a local commercial source. Any exported soil materials, be they suitable structural, topsoil, or unsuitable materials are expected to be exported to an offsite commercial pit. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Localized erosion could occur during clearing and construction activities. Erosion is not likely with the completed project due to site coverage and permanent drainage controls. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Approximately 40% of the site will be covered with impervious surfaces with the completed project. These surfaces will consist primarily of asphalt and concrete pavements, and building roof areas. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any. Temporary erosion control BMPs including, but not limited to, silt fence, inlet protection, interceptor swales, and sediment ponds or temporary tanks will be maintained during construction to limit potential erosion. Water trucks will be used to control dust during dry periods. Construction activities will be limited to construction hours allowed by current City of Federal Way zoning rules and Development Standards. 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Typical vehicular emissions will result from local residential traffic under developed site conditions. Temporary exhaust emissions will occur along with some noise increase from COFW Bulletin #050 / April 16, 2013 Page 4 of 16 Kitts Corner Multifamily Ordinance Modification, Process V Environmental Checklist equipment during construction. Soil dust emissions may result from construction operations during dry weather conditions. Approximate quantities are not known. b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. No offsite sources of emissions or odor that may affect this proposal are known. c. Proposed measures to reduce or control emissions or other impacts to air, if any. Construction activities will be limited to established City of Federal Way standard work hours to reduce or control emissions, noise, and other impacts to air. Water trucks or similar methods will be used to limit arrant dust from the site during construction. COFW Bulletin #050 / April 16, 2013 Page 5 of 16 is Corner Multifamily Ordinance Modification, Process V Environmental Checklist 3. WATER a. Surface. 1) Is there any surface water body on or in the immediate vicinity of the site (including year- round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. Two large wetland complexes (Wetland 1 and 2) are located at the perimeters of the project site. Overflows from these complexes drain southerly through a mostly forested channel toward a regional storm water facility immediately south of the site. The limits of these wetlands and buffers were established with previous project. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. No work is proposed or required over, in, or adjacent to the described waters. There is an existing earthen berm between the southerly terminus of Wetland 2 and the regional storm water facility. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. None. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No surface water withdrawals or diversion are proposed or required for the project. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. The proposed project proposes no work within the within a 100-year flood plain. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. The project proposes no discharge of waste materials to surface waters. b. Ground. 1) Will ground water be withdrawn, or will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. No ground water will be withdrawn or discharged to groundwater with the proposed COFW Bulletin #050 / April 16, 2013 Page 6 of 16 'Kitts Corner Multifamily Ordinance Modification, Process V Environmental Checklist project. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. No waste material will be discharged into the ground from septic tanks or other sources as part of this project. c. Water Runoff (including stormwater) 1) Describe the source of runoff (including stormwater) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Storm water runoff will occur from the improved areas of the site. This runoff will be collected by a series of catch basin inlets in the onsite parking lot areas. The catch basins will be connected by underground pipes that provide a controlled conveyance of storm water to an ultimate outfall at the regional storm water facility immediately south of the project site. This regional facility has been designed to accommodate the necessary flow control (i.e., detention) requirements for the project site at full build out per previous project vesting agreements. The available treatment capacity of this existing, offsite treatment facility is not yet known. As such, it is currently anticipated that storm water runoff from pollution generating impervious and pervious areas of the site will require water quality treatment to current City of Federal Way standards prior to discharge to the regional detention facility. In either case, the final engineering design of the project's storm water system will include provisions for water quality treatment in accordance to current City of Federal Way standards or those of previously vested agreements. Building roofs are considered "clean water" sources per current City of Federal Way surface water standards. It is anticipated that many of the building roofs from the project will outfall to rock pads, dispersion trenches, or similar facilities at the edges of the onsite wetland buffers. This low impact development method of storm water control will aid in maintaining hydrology to the wetlands and limit the necessary capacity of the constructed storm drainage conveyance facilities for the project. 2) Could waste materials enter ground or surface waters? If so, generally describe. No waste materials will enter ground or surface waters as a result of the proposed project. COFW Bulletin #050 / April 16, 2013 Page 7 of 16 is Corner Multifamily Ordinance Modification, Process V Environmental Checklist d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any. An existing regional storm water pond located immediately adjacent to the southern limits of the site will serve to control increased storm water runoff rates and volumes from the developed project site. Water quality of storm water runoff from project areas will be provided by a combination of natural filtration by the wetland buffer areas and mechanical filtration by pre -manufactured systems, constructed biofiltration swales, or similar type facilities. These storm water controls will mitigate potential runoff water impacts in accordance with surface water management and development standards for the project. 4. PLANTS a. Check or circle types of vegetation found on the site. X deciduous tree: alder, maple, aspen, other X evergreen tree: fir, cedar, pine, other X shrubs X _grass _pasture _crop or gram X wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other _water plant: water lily, eelgrass, milfoil, other X other types of vegetation b. What kind and amount of vegetation will be removed or altered? Mature trees, shrubs, grasses, and other landscaping will be removed from the site with the project. c. List threatened or endangered species known to be on or near the site. No known threatened or endangered plant species or critical habitat is on or near the site. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any. The design of developed landscape and improved open space areas will make use of native and drought tolerant plant where practical. The large onsite wetland buffers will remain mostly undisturbed with the project which will preserve a significant amount of native vegetation on the site. 5. ANIMALS a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site. birds: hawk, heron, eagle, songbirds, COFW Bulletin 4050 / April 16, 2013 Page 8 of 16 Kitts Corner Multifamily Ordinance Modification, Process V Environmental Checklist other mammals: deer, bear, elk, beaver, other fish: bass, salmon, trout, herring, shellfish, other b. List any threatened or endangered species known to be on or near the site. No threatened or endangered species are known to be on or near the site. c. Is the site part of a migration route? If so, explain. The site is not known to be part of a migration route. d. Proposed measures to preserve or enhance wildlife, if any. A large (100-foot wide), heavily vegetated wetland buffer area will remain along the west and east boundaries of the site. No additional special measures are proposed or believed to be necessary to preserve or enhance wildlife areas. 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. The project will extend existing electrical power and communication distribution systems to serve the proposed residential units. Natural gas service and electrical sources are expected to be provided to the project from existing sources at South 336th Street and SR- 99 by existing or proposed public utility easements. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. The proposed project would not affect the potential use of solar energy by adjacent properties. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any. The residential portion of the project will meet Evergreen Sustainable Development standards, which includes energy savings modeling to show a minimum of 15% above the current Washington State Energy Code standard. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe. COFW Bulletin #050 / April 16, 2013 Page 9 of 16 ,ts Corner Multifamily Ordinance Modification, Process V Environmental Checklist Local fuel spills are possible from equipment during construction activities for the project. No other environmental health hazards are known or expected to result from the planned development. 1) Describe special emergency services that might be required. No special emergency services are required for the project proposal. 2) Proposed measures to reduce or control environmental health hazards, if any. A Storm Water Pollution Prevention and Spill Control Plan (SWPPSCP) will be prepared with the final permit and construction documents for the project as required by local and Department of Ecology standards. The SWPPPSCP will include specific measures for addressing construction equipment fuel or other lubricant spills, which will include maintaining absorbent blankets or sands to contain potential spills. b. Noise. 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment operation, other)? Road/vehicle noise from South 336th Street and SR-99 exists in the area and will likely affect the built project. 2) What types and levels of noise would be created by or associated with the project on a short-term or long-term basis (for example: traffic, construction operation, other)? Indicate what hours noise would come from the site. Typical sounds and sound levels associated with individual passenger cars will occur with the project. Temporary noise level increases will result from equipment during construction activities. Construction activities will be limited to established City of Federal Way standards. 3) Proposed measures to reduce or control noise impacts, if any. Construction activities will be limited to established City of Federal Way standard work hours to reduce or control equipment emissions and noise. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? The site is currently vacant. Adjacent properties are a mixture of fully -developed commercial sites that include industrial/warehousing, age -restricted multifamily, and general commercial. COFW Bulletin #050 / April 16, 2013 Page 10 of 16 Kitts Corner Multifamily Ordinance Modification, Process V Environmental Checklist b. Has the site been used for agriculture? If so, describe. The site has not been used for agriculture in recent years and it is unknown to what extent, if any, it was used for agriculture historically. c. Describe any structures on the site. There are no permanent structures on the project site. d. Will any structures be demolished? If so, what? No permanent structures will be demolished with the project. e. What is the current zoning classification of the site? The current site is zoned RM-2400 Multifamily. f. What is the current comprehensive plan designation of the site? The current comprehensive plan designation is Multifamily. g. If applicable, what is the current shoreline master program designation of the site? Unknown. h. Has any part of the site been classified as an environmentally critical area? If so, specify. Yes. Two large onsite wetlands and associated buffers occupy the westerly and easterly limits of the site. The boundaries of these were established with previous delineations and agreements. i. Approximately how many people would reside or work in the completed project? Approximately 774 people would reside in the proposed multifamily units. j. Approximately how many people would the completed project displace? None. k. Proposed measures to avoid or reduce displacement impacts, if any. None required. 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any. The project complies with existing and projected land uses and plans as described by the Comprehensive Plan for City of Federal Way. As such, no special mitigation measures are proposed or required. COFW Bulletin #050 / April 16, 2013 Page 11 of 16 .ts Corner Multifamily Ordinance Modification, Process V Environmental Checklist 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low- income housing. The project proposes at least 208 middle to low income housing units. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. No existing residential units would be eliminated with the project. c. Proposed measures to reduce or control housing impacts, if any. No special measures are proposed or expected to be necessary to control housing impacts 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? The maximum height of the tallest multifamily building is approximately 30 feet, measured in accordance with City of Federal Way zoning standards. The principal exterior building material will likely be a manufactured material such as Hardi plank or vinyl. b. What views in the immediate vicinity would be altered or obstructed? The surrounding neighbors have a view of mature vegetation at the perimeter of the property. Most of the vegetation at the perimeter, with the exception of the most southerly and westerly boundary, will remain. The project would alter the existing views with the construction of 2 or 3 story residential buildings at the interior of the site and along the southerly frontage of South 3361h Street. The finished grade of the site is expected to be near existing elevations and relatively flat, but slightly lower than South 3361h Street. c. Proposed measures to reduce or control aesthetic impacts, if any. Landscaping in accordance with City of Federal Way development standards is proposed to improve the appearance of the project. 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Typical exterior and interior light will be visible from the occupied onsite structures. The parking lots will also have lighting. This increased lighting would be most visible (i.e., most often occur) from dusk to early morning. COFW Bulletin #050 / April 16, 2013 Page 12 of 16 Kitts Corner Multifamily Ordinance Modification, Process V Environmental Checklist b. Could light or glare from the finished project be a safety hazard or interfere with views? Light or glare from the finished project will not be a safety hazard or interfere with views. c. What existing off -site sources of light or glare may affect your proposal? No existing offsite sources of light or glare will affect the current project proposal. d. Proposed measures to reduce or control light and glare impacts, if any. Site lighting fixtures will be full cut-off or a shielded type per current and applicable City of Federal Way Municipal Code requirements. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? Various local parks, public open space, including trails, are located west of the site. Several of these occur in the vicinity of the Puget Sound which is located within 3 miles of the site. Onsite recreation facilities are also proposed for use by the residents of the multifamily units. b. Would the proposed displace any existing recreational uses? If so, describe. No existing recreational uses will be displaced by the project. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any. The project proposes to provide an onsite recreation facility for use by the residents of the multifamily units. This facility typically includes indoor sport court, swimming pool and spa, exercise facilities, and other similar amenities. Several outdoor recreation spaces will also be provided onsite in accordance with City of Federal Way development standards. Soft surface trails and other passive uses of the existing onsite wetland buffers are likely improvements/amenities of the project. 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, nation, state, or local preservation registers known to be on or next to the site? If so, generally describe. There are no known places or objects on or next to the site that are listed on or COFW Bulletin #050 / April 16, 2013 Page 13 of 16 is Corner Multifamily Ordinance Modification, Process V Environmental Checklist proposed for listing on national, state, or local preservation registers. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. There are no known landmarks or evidence of historic, archaeological, scientific, or cultural importance on or next to the site. c. Proposed measures to reduce or control impacts, if any. No special measures are proposed or expected to be required to reduce impacts to historic or cultural resources. 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. The site is fronted by South 3361h Street along its north boundary. Existing gravel roads and proposed paved interim roads provide access to SR-99 east of the site. A single private driveway approach from South 336th Street is proposed as the primary entry of the to the site. A secondary, emergency vehicle access and pedestrian drive to the east is also planned for the project. b. Is the site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? The site is currently served by public transit. Existing transit stops are located at the south side of South 336th Street adjacent to the site and at the west side of SR-99. c. How many parking spaces would the completed project have? How many would the project eliminate? The project proposes approximately 333 new private parking spaces onsite and no existing parking spaces would be eliminated. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). Frontage improvements at South 336th Street were completed with previous projects. No additional new road improvements are expected to be necessary. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. The project site is located approximately 10 miles south of SeaTac International Airport. The site is within 7 miles of the Amtrak train station in Tacoma. COM Bulletin #050 / April 16, 2013 Page 14 of 16 Kitts Corner Multifamily Ordinance Modification, Process V Environmental Checklist f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. The project will generate approximately 1,375 new vehicular trips per day. New peak AM and PM trips for the project are estimated to be 96 and 121 per day respectively. g. Proposed measures to reduce or control transportation impacts, if any. No additional measures to reduce or control transportation impacts are proposed or expected to be necessary for the project. 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. The project will increase population within existing fire, police, health care, and school service areas with the addition of approximately 208 multifamily residential units. b. Proposed measures to reduce or control direct impacts on public services, if any. Mitigation fees as allowed by current City of Federal Way Municipal Code are proposed to be paid with the construction or initial occupancy of the multifamily residential units to offset impacts on public services. 16. UTILITIES a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other (please list) Natural Gas - Puget Sound Energy Electricity — Puget Sound Energy Water and Wastewater— Lakehaven Water and Sewer District Communication/TV - Centurylink, Verizon/Frontier Comm., Comcast b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Each of the utilities purveyors listed in 16(a.) are prospective service providers for the project. Existing services in the vicinity of the project site will be extended for service. This extension will involve trenching and backfill efforts for each of the utilities. COM Bulletin #050 / April 16, 2013 Page 15 of 16 As Corner Multifamily Ordinance Modification, Process V Environmental Checklist C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. SIGNA DATE COFW Bulletin #050 / April 16, 2013 Page 16 of 16 r^� C17Y OF CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com Mr. Matt Hough CPH Consultants 733 7"' Avenue, Suite 100 Kirkland, WA 98033 Re: Files #13-101180-UP and 13-101181-SE; Kitts Corner Multifamily Dear Mr. Hough: April 9, 2013 The Community and Economic Development Department is in receipt of your Process V Master Land Use application and environmental checklist. We have reviewed the application materials and have the following comments. BACKGROUND This is a request to modify the terms of conditions of approval of Ordinance 05-490 for a comprehensive plan amendment and rezone of approximately 46 acres located south of South 336th Street and west of Pacific Highway South. Ordinance 05-490 was subsequently amended by Ordinances 05-491, 05-492, 07- 558, 08-581, and 09-614. Specifically, the request is to change the designation of the proposed roadway connecting from South 336t1i Street through the residential area from a public to a private street in order to facilitate the future construction of a 208 unit multifamily complex. This request pertains only to changing the designation of the road and has not been reviewed for compliance with city standards. If this request is approved, prior to construction of any apartments, the applicant must obtain an amendment to the approved Master Plan (approved January 25, 2008) via Process III, and a boundary line adjustment to adjust lot lines, in addition to any Public Works -related permits and building permits. REQUEST FOR CHANGES TO THE SITE PLAN The site plan is being required as part of the Process V, Quasi -Judicial Review, and will not be reviewed for compliance with the provisions of the Federal Way Revised Code (FWRC) for Process III, Project Approval at this stage. The following changes must be made prior to the city moving forward to the next step of issuing an environmental determination: 1. The site plan must be modified to remove any information related to the development standards associated with multi -family in the RM 2400 zone, such as setbacks, height, open space, or required parking. K:\2013 Kitts Comer Multifamily\040813 Correspondence.docx Mr. Matt Hough Page 2 of 2 April 9, 2013 2. The zoning boundary between the RM 2400-zoned area to the west and the BC -zoned area to the east must be shown as per Ordinance 09-614 (enclosed). 3. The alignment of the full roadway system as shown on the approved master plan, and as conditioned by Ordinance 05-490 as subsequently amended, must be shown for the eastern portion of the site as faded with the requested changes shown in a bolder format. 4. The secondary access is intended to serve the residential development on the west side and will not be for emergency purposes only as stated on page 2 of the March 14, 2013, correspondence. 5. Page 2 of the March 14, 2013, correspondence states that two potential alignments for the secondary access road are shown on the conceptual site plan. However, only one is shown. Please provide that other alternative or state that there is only one proposal. 6. Elevations have only been provided for Building N. Please provide elevations for the other larger buildings or provide a description of the design of the entrances facing the internal road. 7. Please provide a strikeout, underline version of those conditions that are being requested to be changed. The existing conditions of approval are being provided to you as Exhibit A (enclosed). COMMENTS ON THE ENVIRONMENTAL CHECKLIST Responses to the questions in the checklist appear to be for the 208 unit multifamily complex rather than the proposal to change the road from public to private. Please provide an electronic copy of the checklist so that we can clarify what is being proposed. Please provide six copies of the revised site plan along with the enclosed resubmittal form. After we have reviewed the resubmitted information, we will issue a threshold determination pursuant to the State Environmental Act and schedule a date for a public hearing. Please contact me at 253-835-2646, or margaret.clark&cityoMderalwgy.com. if you have any questions. I will be out of the office for the rest of the week. Sincerely, 01,E "r 4A Margaret H. Clark Principal Planner Enc: Resubmittal Form Ordinance 05-490 Reduced Copy of Approved Master Plan Ordinance 09-614 Exhibit A — Conditions of Approval c: DevCo., Inc, 11100 Main Street, Suite 301, Bellevue, WA 98004 Kitts Corner Development, LLC, 1026 Bellevue Way SE, Bellevue, WA 98004 K:\2013 Kitts Corner Multifamily\040813 Correspondence.docx Margaret Clark From: Ken Miller Sent: Monday, April 08, 2013 9:23 AM To: Margaret Clark Subject: FW: Kitts Corner/Federal Way Village - Secondary Access, 24-12-017 FYI From: Ken Miller Sent: Friday, March 08, 2013 4:18 PM To: 'Matt Hough' Cc: Isaac Conlen; Patrick Doherty; Tom Neubauer; Jack Hunden; mikeread@tenw.com; ross@rdarchitect.com; jef; Jamie Schroeder Subject: RE: Kitts Corner/Federal Way Village - Secondary Access, 24-12-017 Matt You are correct the second access has to be available at the time of construction of your development for general use by all. A 24' minimum pavement, curb, gutter, sidewalk, planter and streetlights would be required. Ken From: Matt Hough [mai Ito: Matt@cphconsultants.com] Sent: Friday, March 08, 2013 3:35 PM To: Ken Miller Cc: Isaac Conlen; Patrick Doherty; Tom Neubauer; Jack Hunden; mikeread@tenw.com; ross@rdarchitect.com; jef; Jamie Schroeder Subject: RE: Kitts Corner/Federal Way Village - Secondary Access, 24-12-017 Thanks, Ken. So, if I am reading this correctly, the City is still not supportive of us providing pavement only for the secondary access and making it emergency -vehicle -only until the commercial site is developed. You would still be requiring a half -street improvement with 24' of pavement. Is that correct? Matt Hough, PE President CP I H Consultants 733 7th Avenue, Suite 100 1 Kirkland, WA 98033 direct: (425) 285-2391 1 mobile: (425) 941-5180 www.Cphconsultants.com From: Ken Miller [rnailto:Ken.Miller cityoffederalway.cornI Sent: Friday, March 08, 2013 10:33 AM To: Matt Hough Cc: Isaac Conlen; Patrick Doherty; Tom Neubauer; Jack Hunden; mikeread tenw.com; ross@rdarchitect.com; jef; Jamie Schroeder Subject: RE: Kitts Corner/Federal Way Village - Secondary Access, 24-12-017 Matt Alignment "A" from your site (the bei m/south end) to the mid -property point aiu. ig SR 99 would be acceptable as second access. The existing driveway approach at SR 99 would have to be reconfigured and it will be right-in/right-out only. The road across the berm would have to be improved/constructed to a "full" street standard; street lights, curb, gutter, sidewalks and planters along both sides. This would connect to a roadway camp. plan section "R", 40' of pavement, curb and gutter, 4' planter, 6' sidewalk, 3' utility strip and street lights. However, this roadway section could be modified to a minimum 24' of pavement, curb, gutter and sidewalk one side, gravel shoulder and street lighting. It would function as the second access for the site. I hope this answered your questions, let me know if I can help. Ken From: Matt Hough [ma ilto:Matt c hconsultants.com Sent: Monday, March 04, 2013 8:36 PM To: Ken Miller Cc: Isaac Conlen; Patrick Doherty; Tom Neubauer; Jack Hunden; mikeread tenw.com; ross@rdarchitect.com; jef; Jamie Schroeder Subject: RE: Kitts Corner/Federal Way Village - Secondary Access, 24-12-017 Thanks, Ken. Let me know if you need anything else or want to discuss more as you get into it. Matt Hough, PE President CP I H Consultants 733 7th Avenue, Suite 100 1 Kirkland, WA 98033 direct: (425) 285-2391 1 mobile: (425) 941-5180 www.cphconsultcints.com From: Ken Miller mailto:Ken.Mi I @citvoffederalw Sent: Monday, March 04, 2013 8:55 AM To: Matt Hough Cc: Isaac Conlen; Patrick Doherty; Tom Neubauer; Jack Hunden; mikeread tenw.com; rosy rdarchitect.com; jef; Jamie Schroeder Subject: RE: Kitts Corner/Federal Way Village - Secondary Access, 24-12-017 Matt I was out of the office last week I will try and get back to you by Friday. Ken From: Matt Hough [mailto:MattC hcon 1 nts m] Sent: Wednesday, February 27, 2013 5:05 PM To: Ken Miller Cc: Isaac Conlen; Patrick Doherty; Tom Neubauer; Jack Hunden; mike read tenw.com; rocs@rdarchitect.com; jef; Jamie Schroeder Subject: Kitts Corner/Federal Way Village - Secondary Access, 24-12-017 Ken, We are preparing the plans and supporting documents for the formal request to Council to remove the requirement for a public road within the RM2400 (i.e., residential) portion of the Federal Way Village site. It is our intent to show the alignment and section for the secondary access in that package, which should be (and needs to be) consistent with your expectations prior to submittal. The attached exhibit shows the three alignment alternatives that were evaluated. Our preferred alternative and proposal is to proceed with alignment "A". Alignment "A" corresponds to the internal master plan roadway and an existing gravel access road and utility easement that connects SR99. This alignment also maintains an existing driveway approach at SR99. Roadway alignment "B" would be our secondary choice for an offsite access roadway for the project. It too would follow the general alignment of the commercial access roadway shown in the master plan and connect to the intersection of South 336th and 13th Place. This roadway alignment is longer than alternative "A" and requires encroachment into the existing wetland buffer to connect the existing intersection improvements. Roadway alignment "C" would be our team's last option for consideration at this time. It has the largest costs and complexities with signal and roadway improvements at the intersections of SR99. It also requires collaboration with an offsite development to secure an easement and agree to cost -sharing. This in itself is not an issue, but their schedule for development is not within our control and currently seems to be lagging ours. As such, we cannot rely on the timing of construction for this alignment as we can with the other two. In terms of a roadway section, we are proposing to construct the % to % road section we discussed previously with curb, gutter, and sidewalk one side over the existing pond berm from the secondary access road connection west to our project. It remains our preference, though, that the offsite secondary access road be constructed as a 20-foot wide pavement with gravel shoulders section and it be signed and bollarded such that it functions as an emergency vehicle access only and pedestrian facility in the interim. This secondary access would maintain city standards for horizontal and vertical geometry such that it could be improved to an ultimate public roadway section in the future. However, by limiting the section now, we are limiting the amount of potential "throw away" if the ultimate site plan for this commercial area is different from the master plan. I appreciate your time and continued assistance with this project. Please, let me know if you have questions or wish to discuss further. I look forward to your response. Thank you. CPJHMATT HOUGH, PE PRESIDENT 733 7th Avenue, Suite 100 1 Kirkland, WA 98033 CONSULTANTS main: 425.285.2390 1 fax: 425.285.2389 direct: 425.285.2391 1 mobile:425.941.5180 www.cpconsu Ito nts.om March 8, 2013 Mr. Isaac Conlen Planning Manager City of Federal Way 33325 Eighth Avenue South Federal Way, WA 98003 Re: Kills Corner Multifamily Federal Way Village, ref. City File No. 07-10034S-UP Proposal to Modify Existing Ordinance No. OS-490 Property Owners' Acknowledgment Mr. Conlen, DevCo, Inc. has entered into a purchase and sale agreement to acquire a portion of the real properties previously entitled as Federal Way Village (FWV; City of Federal Way File No. 07-100345-UP). More specifically, the agreement relates to the potential acquisition of the multifamily residential portion of the FWV project located west of the onsite wetland complex which is zoned RM-2400. The RM-2400 zoning of the FWV project was established by City Ordinance #05-490, and a condition of that zone designation was the establishment of a public roadway through the site from South 336"h Street to a future extension of 13"h Place South to the east. DevCo's planned multifamily residential development of the property requires modification of the existing ordinance to remove this public roadway requirement. The current owners of the subject properties support DevCo's proposal to modify the existing Ordinance #05-490 to remove the requirement for a public roadway in the RM-2400 portion of the FWV project site. Their support and understanding of the pending application to modify the ordinance is acknowledged by the signatures at the closing of this correspondence. Your continued assistance and prompt response to the Kitts Corner Multifamily project is appreciated. Our team looks forward to continuing to work with you and the City. Sincerely, DevCo, Inc.-� Evan 1. Hunddden Property Owner President Kitts Corner Development, LLC Leonard Schoadt Its Manager RECEIVED MAR 14 2013 CITY OF FEDERAL WAY CDS CP H CONSULTANTS March 1 A, 2013 Mr. Isaac Conlen Planning Manager City of Federal Way 33325 Eighth Avenue South Federal Way, WA 98003 Re: Kitts Corner Multifamily`CPH Project No. 0024-12-017 Federal Way Village —City File No. 07-100345-UP Request for Modification of Ordinance #05-490 Mr. Conlen, Site Planning Civil Engineering Project Management Land Development Consulting This correspondence is provided on behalf of my client, DevCo, Inc., to formally request a modification to existing City of Federal Way (COFW) Ordinance #05-490. The requested ordinance modification would remove the requirement for a public roadway through the westerly multifamily portion of the previously approved Federal Way Village Mixed Use project (City file no. 07-100345-UP). The removal of the public road requirement for this area of the master plan is necessary to optimize the residential density of the site. This letter along with the following enclosed information is provided to support the City's processing and ultimate approval of the requested modification of Ordinance #05-490: 8 ea. — Master Land Use Application 8 ea. — Letter acknowledging current property owners' support of the requested ordinance modification (March 6, 2013) 8 ea. — Conceptual Site Plan 8 ea. — Typical Building Elevations 8 ea. — SEPA Checklist ea. — Title Report ea. — Mailing list w/2 sets of addressed stamped envelopes for properties within 300 feet of the property Modification to Ordinance #05-490 The properties comprising the Federal Way Village Mixed Use project (FWV) were rezoned from Business Park (BP) to the current multifamily (RM-2400) and Community Business (CB) designations as part of that project approval. The conditions of this rezone approval were incorporated into and adopted by the City with Ordinance #05-490. The project site area designated as RM-2400 and condition 3 (section 2) of the ordinance are the subject of this modification request. Condition 3(c) states that a public "...roadway connecting from South 3361h Street through the residential area, connecting to 13"h Place South extended..." shall be designed, constructed, and dedicated. City approval of the requested modification to Ordinance #05-490 would omit Condition 3(c) in its entirety. RECEIVED MAR 14 202 CM OF FEDERAL. WAY 733 7th Avenue, Suite 100 • Kirkland, WA 98033 - Phone: (425) 285-2390 • Fax: (425) 285-2389 CDS www.cphconsuliants.com Kitts Corner Multifamily Request for Modification of Ordinance #05-490 Basis for Modification of Ordinance #05-490 CPH Project No.0024-12-017 March 14, 2013 Page 2 of 2 The enclosed Conceptual Site Plan shows the Applicant's current proposal for multifamily residential development on the RM-2400 portion of the FWV site. This latest plan proposes a combination of multi- story stacked and carriage -style buildings arranged for a total of 208 residential units. The irregular - shaped development area of the site is established by the Wetland 1 and 2 buffers. Proposed residential buildings are arranged along these buffer edges to optimize density as well as to take full advantage of this resource amenity. A decorative concrete or similarly surfaced public promenade is proposed to traverse the residential areas from South 3361h Street to a half -street connection at the future commercial areas in the southerly reaches of the FWV site. Individual building entries along this promenade will have architectural treatments that enhance the pedestrian experience. An interim secondary access is planned to extend northerly through the future commercial areas from the half-street/promenade connection in the south. This secondary access is intended to be for emergency vehicle only and pedestrian access only until the commercial site is developed. Two potential alignments for this access road are shown in the enclosed Conceptual Site Plan and these generally follow the public road and parking drives shown in the FWV master plan. It is expected and intended that these interim roads would be expanded to full public facilities with the commercial phase of the FWV project. The Conceptual Site Plan has been developed collaboratively with input from the City's planning staff and our own design team of architects, civil engineers, traffic consultants, and wetland biologists. So, although a full and formal Process III review has not yet been completed for this site plan, it is believed to comply with all typical development standards for the multifamily zone as well as the additional applicable design guidelines for the FWV project. The final site plan review and approval process will occur concurrent with or subsequent to Council approval of the requested modification of Ordinance #05-490. Your continued assistance and prompt response to this request is very much appreciated. Please, do not hesitate to contact me directly if you need any additional information to complete your process. I look forward to working with you and the City. Sincerely, Enclosures Cc: Jack Hunden (DevCo, Inc.), Applicant Ross Deckman, AIA (RDA) copy to file 1321800020 2021049001 2021049002 KRS HOLDINGS LLC MERLINO JEAN M+PAUL SKCMSC FEDERAL WAY ASSOCS 34100 9TH AVE S 11738 4" NW 1001 S 336TH ST FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 2021049004 2021049051 2021049069 KNIGHT CREDIT TRUST PROGRESSIVE CASUALTY INSURANCE KITTS CORNER PARTNERS L L C 33901 PACIFIC HWY S 34001 PACIFIC HWY S 33601 PACIFIC HWY S FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 2021049070 2021049072 2021049080 CAMPUS GATEWAY ASSOCIATES PETERSON L R DDS JONES RALPH 33701 PACIFIC HWY S 34051 PACIFIC HWY S 34010 PACIFIC HWY S FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 2021049086 2021049090 9265030040 L& D WA LLC NELSON E CURTIS+ELIZABETH A T L C ENTERPRISES 33903 PACIFIC HWY S 33905 PACIFIC HWY S 1336 S 336TH ST FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 2021049120 2021049119 2121049024 2121049025 PATTISON MICHAEL A+LARRY W MCELROY THORNTON F OH INVESTMENTS LLC 34020 PACIFIC HWY S 1700 S 340TH ST 33606 PACIFIC HWY S FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 2121049026 2121049068 9265030035 2121049037 2121049027 CHRISTIAN FAITH CENTER KINDERCARE LEARNING CENTERS INC RED CANOE CREDIT UNION 33832 PACIFIC HWY S 3350413TH PL S PO BOX 3020 FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 LONGVIEW, WA 98632 2121049050 9265030010 3903800150 MCELROY THORNTON F JUNG DU SIK+DUNG ANN Y SPECTRUM BUSINESS PARK & 34020 PACIFIC HWY S 33501 PACIFIC HWY S SPECTRUM PLAZA L L C FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 1610 S 341ST PL FEDERAL WAY, WA 98003 3903800160 7978200050 7978200060 9265010080 INSTITUTE FOR FAMILY DEV GLEE DRAPER WASHINGTON TRUCKING ASSN 34004 16TH AVE S 33370 PACIFIC HWY S 930 S 336TH ST FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 9264800110 9264800140 9264800120 9265030030 CAMPUS BUSINESS PARK ROLLING FRITO-LAY SALES LP WOODLAND REALTY SERVICES 34004 9TH AVE S 7701 LEGACY DR #MD-4A-3 1500 S 336TH ST FEDERAL WAY, WA 98003 PLAN 0, TX 75024-4099 FEDERAL WAY, WA 98003 9264800150 9265010010 9265030020 9265030050 OMNI PROPERTIES INC HOEFER HOLDINGS L L C HASSEN PROPERTIES INC 909 S 336TH ST 33525 PACIFIC HWY S 1230 S 336TH ST FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 9265030053 9265030055 SCHULTZ MURPHY PROPERTIES MULTI SERVICE CENTER 33505 13TH PL S 1200 S 336TH ST FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 Page 1 of 1 r � + 9047 am S 334TH UN 0015 0076 CA a112 _ a0d3 r k n+ FJDlU y-.0 �'r 53 ---0 0 35 J - -- - -I l0050!l f. 0939 pGzs.l �� DIM 0120 .I r •- - yeti'. _ yUY[i �a2Y� �7G65� r_ spas -- — r Federal Way 00•F2 n ! t;•r�. •�� yc�. � 9'UG t n02q y0+19 S+J39 - -- .. S340m ST uraa 91S7 - pt30 m m2a - - as�a--5NISTPL i 9.00 am2 0076 (C)2010 Icing County OOyp �l am 919E I { $D7 0� 122h am RECEIVED MAR 14 2013 CITY OF FEDERAL WAY CDS http://www5.kingcounty.gov/output/parcelviewer mapper28602603789.jpg 3/8/2013 Kitts Corner - 300 ft buffer ej Parcel Number 2021049001 Site Address Zip code Taxpayer MERLINO JEAN M+PAUL The information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County" Parcel Number 1321800020 Parcel Number 2021049002 Site Address 34100 9TH AVE S Site Address 1001 S 336TH ST Zip code 98003 Zip code 98003 Taxpayer KRS HOLDINGS LLC Taxpayer SKCMSC FEDERAL WAY ASSOCS Parcel Number 2021049004 Parcel Number 2021049051 Site Address 33901 PACIFIC HWY S Site Address 34001 PACIFIC HWY S Zip code 98003 Zip code 98003 Taxpayer KNIGHT CREDIT TRUST Taxpayer PROGRESSIVE CASUALTY INSURA Parcel Number 2021049069 Parcel Number 2021049070 Site Address 33601 PACIFIC HWY S Site Address 33701 PACIFIC HWY S Zip code 98003 Zip code 98003 Taxpayer KITTS CORNER PARTNERS Taxpayer CAMPUS GATEWAY ASSOCIATES LLC Parcel Number 2021049072 Parcel Number 2021049080 Site Address 34051 PACIFIC HWY S Site Address 34010 PACIFIC HWY S Zip code 98003 Zip code 98003 Taxpayer PETERSON L R DDS Taxpayer JONES RALPH Parcel Number 2021049086 Parcel Number 2021049090 Site Address 33903 PACIFIC HWY S Site Address 33905 PACIFIC HWY S Zip code 98003 Zip code 98003 Taxpayer L & D WA LLC Taxpayer NELSON E CURTIS+ELIZABETH A Parcel Number 2021049119 Parcel Number 2021049120 Site Address 34110 PACIFIC HWY S Site Address 34020 PACIFIC HWY S Zip code 98003 Zip code 98003 Taxpayer PATTISON MIKE LARRY Taxpayer PATTISON MICHAEL A+LARRY W Parcel Number 2121049024 Parcel Number 2121049025 Site Address 1700 S 340TH ST Site Address 33606 PACIFIC HWY S Zip code 98003 Zip code 98003 Taxpayer MCELROY THC TON F �L Taxpayer Parcel Number OF JESTMENTS LLC 2121049027 Parcel Number 2121049026 Site Address 33832 PACIFIC HWY S Site Address 33616 PACIFIC HWY S Zip code 98003 Zip code 98003 Taxpayer CHRISTIAN FAITH CENTER Taxpayer RED CANOE CREDIT UNION Parcel Number 2121049037 Parcel Number 2121049050 Site Address Site Address 34020 PACIFIC HWY S Zip code Zip code 98003 Taxpayer RED CANOE CREDIT Taxpayer MCELROY THORNTON F UNION Parcel Number 2121049068 Parcel Number 3903800150 Site Address 33838 PACIFIC HWY S Site Address 1610 S 341ST PL Zip code 98003 Zip code 98003 Taxpayer CHRISTIAN FAITH CENTER Taxpayer SPECTRUM BUSINESS PARK & SPECTRUM PLAZA L L C Parcel Number 3903800160 Parcel Number 7978200050 Site Address 34004 16TH AVE S Site Address 33370 PACIFIC HWY S Zip code 98003 Zip code 98003 Taxpayer INSTITUTE FOR FAMILY Taxpayer GLEE DRAPER DEVELO Parcel Number 7978200060 Parcel Number 9264800110 Site Address 1604 S 336TH ST Site Address 34004 9TH AVE S Zip code 98003 Zip code 98003 Taxpayer GLEE DRAPER Taxpayer CAMPUS BUSINESS PARK Parcel Number 9264800120 Parcel Number 9264800140 Site Address Site Address 33710 9TH AVE S Zip code Zip code 98003 Taxpayer ROLLING FRITO-LAY Taxpayer CAMPUS BUSINESS PARK SALES LP Parcel Number 9264800150 Parcel Number 9265010010 Site Address 909 S 336TH ST Site Address 1010 S 336TH ST Zip code 98003 Zip code 98003 Taxpayer OMNI PROPERTIES INC Taxpayer OMNI PROPERTIES INC Parcel Number 9265010080 Parcel Number 9265030010 Site Address 930 S 336TH ST Site Address 33501 PACIFIC HWY S Zip code 98003 Zip code 98003 Taxpayer WASHINGTON TRUCKING Taxpayer JUNG DU SIK+JUNG ANN Y ASSN Parcel Number 9265030020 Parcel Number 9265030030 Site Address 33525 PACIFIC HWY S Site Address 1500 S 336TH ST Zip code 98003 Zip code 98003 Taxpayer HOEFER HOLDINGS L L C Taxpayer WOODLAND REALTY SERVICES Parcel Number 9265030035 Parcel Number 9265030040 Site Address 33504 13TH PL S Site Address 1336 S 336TH ST Zip code 98003 Zip code 98003 Taxpayer i KINDERCAI !EARNING CENTERS INC I Taxpayer C ENTERPRISES Parcel Number 9265030050 Parcel Number 9265030053 Site Address 1230 S 336TH ST Site Address 33505 13TH PL S Zip code 98003 Zip code 98003 Taxpayer HASSEN PROPERTIES INC Taxpayer SCHULTZ MURPHY PROPERTIES Parcel Number 9265030055 Site Address 1200 S 336TH ST Zip code 98003 Taxpayer MULTI SERVICE CENTER King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details- Form WA-5 (6/76) Commitment Face Page .. ZNN COMMITMENT FOR TITLE INSURANCE Issued by FIRSTAMERICAN 77TLE INSURANCE COMPANY File No.: NCS-560481-WAI First American Title Insurance Company, herein called the Company, For valuable consideration, hereby commits to issue its policy or policies of title Insurance, as identified in Schedule A, in Favor of the Proposed Insured named in Schedule A, as owner or mortgagor of the estate or interest covered hereby in the land described or referred to in Schedul hereof. e A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policles committed For have been inserted in Schedule A hee Company, either by th at the time of the issuance of the Commitment or by subsequent endorsement, This Commitment if preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or polities committed For shall issue, whichever first occurs, provided that the Failure to issue such policy, or policies is not the Fault of the Company, This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance With its By -Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." First American Tide Insurance Company '•. By: � President IEEI .� i Attest: y Secretary By'�fiL�� Countersigned RECEIVE® MAR 14 2013 CITY OF FEDERAL WAY FlrstAmerlcan Tit/e Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-560481-WAl Page No. 1 �id.:.•y =. ti r .. f First American Title Insurance Co►npany National Commercial Services 818 Stewart street, Suite 800, Seattle, WA 98101 (206)728-0400 - (800)526.7544 FAX (206)448-6348 Terri Nugent Chantale A. Stiller -Anderson (Terri Nugent (206)448-6286 tnugent@firstam.com 15-3041 cstiller@firstam.com To: Westlake Associates, Inc. 2810 Eastlake Avenue E Seattle, WA 98102 1. 2. Attn: Dick Borsini SECOND REPORT SCHEDULE A Commitment Date: February 28, 2013 at 7:30 A.M. Policy or Policies to be issued: File No.: NCS-560481-WAl Your Ref No.: Kitts Corner/Devco AMOUNT PREMIUM TAX Standard Owner's Coverage $ 3,600,000.00 $ To Follow $ To Follow Proposed Insured: Devco, Inc., a Washington corporation 3. The estate or interest in t vesnd described on Page 2 herein Is Fee Simple, and title thereto is at the effective date here Wells Fargo Bank, N.A., as Trustee of the Wayne B. Knight Credit Trost under the last Will, and 'testament of Wayne B. Knight dated October 20, 2009, an undivided one -quarter (1/4)tinterest; Dagmar Q. Knight, as her separate estate, as to an undivided one -quarter (114)interest; as to and Cynthia L. Ryynanen, as her separate estate, as to an undivided one-half (112) interest, acLeod, who also appears Parcel A; John H. MacLeod and Sarah Mt, U T. August 8, 1986-as Trustees under the John H. MacLeod and Sarah MacLeod Family Trruu st, Jeanette M. Chase and Jeanette M. Chase, as Successor Trustee of the William J. Chase Theand hens or devisees of Living Trust, as to Parcel B; Jean M. Meriino, as her separate estate; James E. Merlino, deceased; subject to the probate proceedings pending under King County 4-04645-9; and Merlins Federal n d LLC, a Washington Superior Court Cause No. 11- a Washington limited limited liability company, as to Parcel C; Campus Gateway Associates, partnership, as to Parcel D; and Kitts Corner Partners LLC, a Washington limited liability company, as to Parcel E First American Title Insurance Company Fans WA-5 (6/76) Commitment Fite No.: NCS-560481-WA1 Page No. 2 4. The land referred to in this Commitment is described as follows: The land referred to in this report Is described in Exhibit "A" attached hereto First American T/tie Insurance Company Forth WA-5 (6/76) Commitment EXHIBIT 'A' LEGAL DESCRIPTION: Rle No.: NCS-560481-WAl Page No. 3 PARCEL A: THE NORTH HALF OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION COOF STATOW TE HIGHWAY WASHINGTON, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WESTERLY PARCEL B: THAT PORTION OF THE SOUTH NSHIP 21 NORTH, UTRANGE DST'H HALF OF W.M NORTHEAST NORTHEAST QUARTER OF THE HALF OF THE I KIN COUNTY, WASHINGTON, QUARTER OF SECTION 20, TOW LYING WEST OF THE SEATTLE-TACOMA HIGHWAY; EXCEPT ROADS, AND EXCEPT THE FOLLOWING PORTION: BEGINNING AT A POINT ON THE WEST BOUNDARY OF THE SEATTLE-TACOMA HIGHWAY 30 FEET NORTHEASTERLY OF A POINT QUARTER U WHERE THE WEST R ER OF THE NORTHEUNDARY OF AST AST QUARTER I D HIGHWAY INTERSECTS THE SOUTH LINE OF THE NORTHTHEROF SECTION 20, TOWNSHIP 1 NORTH, RANGE 4 EAST, W.M.; RUNNING THENCE WEST PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST QMA 200 FEET H NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, N RANGE 4 EAST, , RUNNING THENCE NORTH 00 10' 12" EAST TO THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 20; HEAST THENCE EAST ALONG SAID LIE SOF SAID SOUTH AID SECTION 20 HALF OF THE SOUTH HALF OF THE NORT TO THE WEST BOUNDARY OF THE SEATTLE TACOMARTER OF THE NORTHEAST QUARTER O HIGHWAY; OF THENCE SOUTHWESTERLY ALONG THE WEST LINE OF SEATTLE-TACOMA HIGHWAY TO THE POINT BEGINNING. ALSO EXCEPT THEREFROM THT PO TION CONVEYED TO THE STATE OF WASHINGTON BY INSTRUMENT RECORDED UNDER RECORDING PARCEL C: THE NORTH HALF OF THE 21 NORTNARANGE 4 EAST, W,M.ST QUARTER OF TE NORTHEAST KING COUNTYHWASHINGTON QUARTER OF SECTION 20, TOWNSHIP EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 20; THENCE SOUTH 00° 09' 38" WEST ALONG THE EASTERLY LINE THEREOF 877.49 FEET; THENCE NORTH 890 48' 55" WEST 241.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 890 48' 55" WEST 82.00 FEET; THENCE SOUTH 000 09' 38" WEST 108.68 FEET; THENCE SOUTH 890 48' 55" EAST 82.00 FEET; FirstAmerican Tide Insurance Company Form WA-5 (6/76) Commltment File No.: NCS-560481-WAl Page No. 4 THENCE NORTH 00° 09' 38" EAST 108.68 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 20• THENCE SOUTH 00° 09' 38" WEST ALONG THE EASTERLY LINE THEREOF 877.49 FEET, THENCE NORTH 890 48' 5S" WEST 60.00 FEEL' TO THE WEST BOUNDARY OF PRIMARY STATE HIGHWAY NO. 1 (ALSO KNOWN A5 U.S. HIGHWAY 99) AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 890 48' 55" WEST 181.00 FEET; THENCE SOUTH 000 09' 38" WEST 108.68 FEET; THENCE SOUTH 890 48' 55" EA57 81.00 FEET, THENCE SOUTH 000 09' 38" WEST 24.87 FEET; THENCE SOUTH 890 48' 55.' EAST 90.00 FEET, MORE OR LESS, TO THE WESTERLY MARGIN OF SAID PRIMARY STATE HIGHWAY NO, 1; THENCE NORTHERLY ALONG SAID WEST MARGIN TO THE TRUE POINT OF BEGINNING. AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1 (ALSO KNOWN AS U.S. HIGHWAY 99). PARCEL D: THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M,, IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 300.00 FEET THEREOF, AND EXCEPT THE NORTH 42 FEET THEREOF CONVEYED FOR ROAD BY DEED RECORDED UNDER RECORDING NO. 7410030037; TOGETHER WITH THE NORTH HALF OF THE NORTHEAST" QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 42 FEET THEREOF CONVEYED FOR ROAD BY DEED RECORDED UNDER RECORDING NO. 7410030037; AND EXCEPT THAT PORTION LYING WESTERLY OF PRIMARY STATE HIGHWAY NO. 1 (PACIFIC HIGHWAY SOUTH) AS CONVEYED BY DEEDS RECORDED UNDER RECORDING NOS. 1778234 AND 3715474; AND EXCEPT THE EAST 223.6 FEET OF THAT PORTION OF THE SOUTH 223.6 FEET OF THE NORTH 255.6 FEET OF THE EAST 319 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 FAST, W.M., LYING WESTERLY OF PRIMARY STATE HIGHWAY NO. 1 (PACIFIC HIGHWAY SOUTH) AS CONVEYED BY DEED RECORDED UNDER RECORDING NO. 1778234; (SAID "EXCEPTED" PARCEL ALSO BEING KNOWN AS AN UNIDENTIFIED LOT IN KING COUNTY BOUNDARY LINE ADJUSTMENT NO. 8810007, RECORDED UNDER KING COUNTY RECORDING NO. 8812200807). ALSO EXCEPT THAT PORTION CONVEYED TO THE CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION UNDER STATUTORY WARRANTY DEED RECORDED SEPTEMBER 26, 2002 AND JULY 27, 2011 UNDER RECORDING NOS. 20020926001701 AND 20110727000010; (ALSO KNOWN AS NEW LOT 2 OF KING COUNTY BOUNDARY LINE ADJUSTMENT NO. BLA 00-105818-000-00-SU, RECORDED AUGUST 2, 2001 UNDER RECORDING NO. 20010802900007). PARCEL E: FirstAmencan Tit/e Insurance Company Forth WA-5 (6/76) Commitment Flle No.: NCS-560481-WAI Page No. 5 THAT PORTION OF THE NORTHEAST QUARTER UI(0, OF THE � �RFBED AS FOLLOWTER OF SN 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., BEGINNING AT THE IN ST GHWAY SOUTH, AS CONVEYEDABY DEED RERGIN OF SUTH 336TH STREET WITH THE E CORDED UNDER RECORDING NO.1778234; MARGIN OF PACIFIC HI THENCE SOUTH 10 12' 23" WEST ALONG SAID WEST MARGIN 223.60 FEET TO THE SOUTH LINE OF THE NORTH 265.60 FEET OF SAID SUBDIVISION; D SOUTH LINE 223.60 FEET TO THE WEST LINE OF THE EAST THENCE NORTH 88° 44' 45" WEST ALONG SAI 262.40 FEET OF SAID SUBDIVISION; THENCE NORTH 10 12' 23" EAST ALONG SAID WEST LINE 223.60 FEET TO THE SAID SOUTH MARGIN OF SOUTH 336TH STREET; THENCE SOUTH 880 44' 45" EAST 223.60 FEET TO THE POINT OF BEGINNING; ED AUGUST 16, 1999, EXCEPT THOSE PORTIONS CON MBER 2D7T 002 UNDER RECORDO THE CITY OF ING NOS.L WAY B 999 8p b0000O53�199908 90D1819 AND AUGUST 19, 1999 AND SEPTE r 20020927001676. FirstAmerican 7'rtie Insurance Company Form WA-5 (6/76) Commitment SCHEDULE B - SECTION 1 RE gMgMEHTS The following are the Requirements to be complied with: File No.: NCS-560481-WAI Page No. 6 Item (A) Payment to or for the account of the Grantors or Mortgagors of the full consideration for the estate or interest to be insured. Item (B) Proper instrument(s) creating the estate or interest to be insured must be executed and duly tiled for record. Item (C) Pay us the premiums, fees and charges for the policy. Item (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions SCHEDULE B - SECTION 2 5ENE[M EXgEPTIQNS The Policy or policies to be issued will contain Exceptions to the following unless the same are disposed of to the satisfaction of the Company. A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. B. Any facts, rights, Interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of person in possession thereof. C. Easements, claims of easement or encumbrances which are not shown by the public records. D. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. E. (1) Unpatented mining claims; (2) reservations or exceptions in patents or in acts authorizing the under (1), (2) or (3) are shown by the public records; (4) Indian Tribal Codes or Regulatioissuance thereof; (3) Water rights, claims or title to water; whether or not the matters excepted Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. ns, F. Any lien, or right to a lien, for services, labor, materials or medical assistance theretofore or hereafter furnished, Imposed by law and not shown by the public records. G. Any service, Installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. H. Defects, liens, encumbrances, adverse claims or other matters, if any, created, First appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the Proposed insured acquires of record for value the estate or interest or mortgages thereon covered by this Commitment. First Amerman Title .insurance Company File No.: NCS-560481-WAl Form WA-5 (6/76) Page No. 7 Commitment SCHEDULE B - SECTION 2 (continued) SPECIAL EXCEPTIONS 1, Lien of then Of a date here n, thesex� se tax ate for the CTax and Surcharge upon any sale of i Real Estate Excise City of Federal Way is premises, a1i78%. unpaid Levy/Area Code: 1205 For all transactions recorded on or after 3uly 1, 2005: A fee of $10,00 will be charged on all exempt transactions; A fee of $5.Qo will be charged on all taxable transactions in addition to the excise tax due. 2• General Taxes for the year 2013• 2021049004-04 Tax Account No.: Amount Billed: $ 9,366.38 Amount Paid: $ 0.00 Amount Due: $ 9,366.38 Assessed Land Value: $ 580,200.00 Assessed Improvement Value: $ 0.00 (Affects Parcel A) 3. General Taxes for the year 2013. 202104-9072-01 Tax Account No.: 697 Amount Billed: $ 16,340. Amount Paid: $ 0.0000 Amount Due: $ 16,346.97 Assessed Land Value: $ 1,012,700.00 Assessed Improvement Value: $ 0.00 (Affects Parcel B) 4, General Taxes for the year 2013• 202104-9001-07 Tax Account No.: Amount Billed: $ 24,945.83 Amount Paid: $ 0.00 Amount Due: $ 24,945.83 Assessed Land Value: $ 1,545,500.00 Assessed Improvement Value: $ 0.00 (Affects Parcel C) FirstAmerican Tide insurance Company Form WA-5 (6/76) Commitment File No.: NCS-560481-WAI Page No. 8 5• General Taxes for the year 2013. Tax Account No,: 202104-9070-03 Amount Billed: $ 61,271.17 Amount Paid: $ 0.00 Amount Due: $ 61,271.17 Assessed Land Value: $ 3,796,200.00 Assessed Improvement Value: $ 0.00 (Affects Parcel D) 6. General Taxes for the year 2013. Tax Account No.: 202104-9069-06 Amount Billed: $ 8,691.33 Amount Paid: $ 0.00 Amount Due: $ 8,691.33 Assessed Land Value: $ 538,400.00 Assessed Improvement Value: $ 0.00 (Affects Parcel E) 7. Facility Charges, if any, including but latecomer charges for water not limited to hook-up, or connection charges and or sewer recorded May 12, 1989 under recording facilities of Federal Way as disclosed by instrument no. 8905120210. 8. Easement resulting From King County Superior Court condemnation, including terms and Provisions contained therein: Cause No.: 823293 In Favor of. Lakehaven Sewer District For: Sewer main(s) Affects: Parcel A 9. Rlght to make necessary slopes for cuts or fills upon said premises for 336th Street as granted by deed recorded October 08, 1974 under recording no. 7410080037. (Affects Parcel D) 10. Easement, including terms and provisions contained therein: Recording Information: December 1, 1976 under Recording No. 7612010602 In Favor of: Lakehaven Sewer District For: Sewer main(s) Affects: (Parcel D) as described therein. 5-5tAmencan Tide jn.5urance Company File No.: NCS-560481-WAS Form WA-5 (6/76) Page No. 9 Commitment 11. Easement, including terms and provisions contained therein: Recording Information: December 1, 1976 under Recording No. 7612010603 In Favor of: Lakehaven Sewer District For: Sewer main(s) Affects: (Parcel D) as described therein. 12. Easement, including terms and provisions contained therein: Recording Information: December 1, 1976 under Recording No. 7612010610 In Favor of: Lakehaven Sewer District For: Sewer main(s) Affects: (Parcel C) as described therein. 13. Easement, including terms and provisions contained therein: Recording Information: December 23, 1976 under Recording No. 7612230644 In Favor of: Lakehaven Sewer District, a municipal corporation For: Sewer mains and appurtenances Affects: (Parcel B) as described therein. 14. and/or delineated on the face of the survey, re� rdedrOctober27, ts,Provisions iunder Recording No. 8610279015 In volume 52 of Surveys, at $UrVey, page(s) 1, in King County, Washington. (Affects Parcel C) 15. Easement, including terms and provisions contained therein: Recording Information: December 23, 1988 under Recording No. 8812231027 In Favor of: Exxon Corporation For: Access Affects: (Parcel E) as described therein. 16. Easement, including terms and provisions contained therein: Recording information: May 15, 1989 under Recording No. 8905150794 In Favor of: Pacific Northwest Hell Telephone Company For: Underground communication lines and aboveground telephone equipment and cabinets Affects: (Parcel D) as described therein. First American Tide Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-560481-WAI Page No. 10 17. Easement, including terms and provisions contained therein: Recording Information: January 2, 1996 under Recording No. 9601020659 In Favor of: City of Federal Way For: Drainage Facilities Affects: (Parcel A) as described therein. 18. Easement, including terms and provisions Contained therein: Recording Information: January 2, 1996 under Retarding No. 9601020660 In Favor oF: City of Federal Way For: Drainage Facilities Affects: (Parcei A) as described therein. 19. Easement, including terms and provisions contained therein: Recording Information: January 2, 1996 under Recording No. 9601020661 In Favor of: City of Federal Way For: Detention and wetiand/stream restoration Affects: (Parcel A) as described therein. 20. Condidons, notes, easements, provisions contained and/or delineated on the face of the Survey recorded July 12, 1996 under Recording No. 9607129012, in King County, Washington. (Affects Parcels B, C and D) 21. Covenants, conditions, restrictions and/or easements: Recorded: April 21, 1997 Recording No.: 9704211043 22. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: James E. Merlino, Michelle F. Merlino, Jean M., Paul L. Merlino and Cheryl Merlino Grantee/Beneficiary: The City of Federal Way, Washington, a Washington municipal corporation Trustee: Chicago Title Insurance Co., a Missouri corporation Amount: $120,000.00 Recorded: April 21, 1997 Recording Information: 9704211044 (Affects Parcel C) FirstAmencan Tit/e Insurance Company Form WA-5 (6/76) commitment File No.: NCS-560481-WAI Page No. 11 23. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Campus Gateway Associates, a Washington limited partnership Grantee/Beneficiary: The City of Federal Way, Washington, a Washington municipal corporation Trustee: Chicago Title Insurance Co., a Missouri corporation Amount: $60,000.00 Recorded: April 21, 1997 Recording Information: 9704211045 The Deed of Trust/Mortgage was Partially reconveyed as to portion described therein by instrument recorded December 18, 2001 under recording no. 20011218002030. (Affects Parcel D) 24. Easement, including terms and provisions contained therein: under Recording No. 9704211047 Recording Information: April 21, 1997 In Favor of: City of Federal Way For Innundation/surface water Affects: (Parcel B) as described therein. 25. Easement, including terms and provisions contained therein: April 21, 1997 under Recording No. 9704211048 Recording Information: In Favor of: City of Federal Way For: Wetlands, stream & buffers Affects: (Parcel B) as described therein. 26. Easement, including terms and provisions contained therein: Recording Information: April 21, 1997 under Recording No. 9704211049 In Favor of: City of Federal Way For: Access maintenance road & storm drainage Affects: (Parcel B) as described therein. 27. Easement, including terms and provisions contained therein: Recording Information: April 21, 1997 under Recording No. 9704211050 In Favor of: City of Federal Way For: Dam & appurtenant surface water structures & wetlands mitigation and stream reconstruction Affects: (Parcel B) as described therein. FlrstAlmerican Title Insurance Company Form WA-5 (6176) Commitment File No.: NCS-560481-WAl Page No. 12 28. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: William J. Chase and Jeanette M. Chase, husband wife, as Trustees of the William J. Chase and Jeanette M. Chase living Trust, and John H. MacLeod and Sarah MacLeod, husband and wife, as Trustees under the John H. MacLeod and Sarah MacLeod Family Trust Grantee/Benefidary: The City of Federal Way, Washington, a municipal Trustee: corporation Chicago Title Insurance Co., a Missouri corporation Amount: $90,000.00 Recorded: April 21, 1997 Recording Information: 9704211051 (Affects Parcel B) 29. Easement, Including terms and provisions contained therein: Recording Information: April 22, 1997 under Recording No. 9704220986 In Favor of: City of Federal Way For: Inundation Affects; (Parcel C) as described therein. 30. Easement, including terms and provisions contained therein: Recording Information: April 22, 1997 under Recording No. 9704220987 In Favor of: City of Federal Way For: Access maintenance road & storm drainage Affects: (Parcel C) as described therein. 31. Easement, including terms and provisions contained therein: Recording Information: April 22, 1997 under Recording No. 97042209,98 In Favor of: City of Federal Way For: Wetlands & stream buffers Affects: (Parcel C) as described therein. 32. Easement, including terms and provisions contained therein: Recording Information; April 22, 1997 under Recording No. 9704221245 In Favor of: City of Federal Way For: Manhole & related facilities Affects: (Parcel D) as described therein. 33. Easement, including terms and provisions contained therein: Recording Information: April 22, 1997 under Recording No. 9704221246 In Favor of: City of Federal Way For: Manhole & related facilities Affects; (Parcel D) as described therein. FirstAmerican Title Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-560481-WAI Page No. 13 34. Easement, including terms and provisions contained therein: Recording Information: April 22, 1997 under Recording No. 9704221247 In Favor of: city of Federal Way For: Wetlands & stream buffers Affects: (Parcel D) as described therein. 35. Easement, including terms and provisions contained therein: Recording Information: April 22, 1997 under Recording No. 9704221248 In Favor of: City of Federal Way For: Access maintenance road & storm drainage Affects: (Parcel D) as described therein. 36. Easement, including terms and provisions contained therein: Recording Information: April 22, 1997 under Recording No. 9704221249 In Favor of: city of Federal Way For: Inundation Affects: (Parcel D) as described therein. 37. Easement, including terms and provisions contained therein: Recording Information: June 18, 1997 under Recording No. 9706180616 In Favor of: city of Federal Way For; Manhole & related facilities Affects: (Parcel ❑) as described therein. 38 rThe terms and ecorded June 5,rovisions contained 1998 as Recording n the document entitled "Possession No. and Use Agreement" No. 9 06052195 of official Records. (Affects Parcel E) 39. Covenants, conditions, restrictions and/or easements: Recorded: August 16, 1999 Recording No.: 19990816000033 (Affects Parcel E) 40. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revision) BLA 00-105818-000-00-SU Recorded: August 2, 2001 Recording Information: 20010802900007 (Affects Parcel D) 41. Easement, including terms and provisions contained therein: Recording Information: January 9, 2003 under Recording No. 20030109002453 In Favor of: City of Federal Way For: Rights -of -way and utilities Affects: (Parcel E) as described therein. First American Title Insurance Company Form WA-5 (6/76) File No.: NCS-56o481-WAI commitment Page No. 14 42. The terms and provisions contained in the document entitled "Ordinance No. 05-490" recorded June 24, 2005 as Recording No. 20050624000625 of Official Records. Said instrument also recorded June 24, 2005 under Recording Nos. 20050624000623, 20050624000624,20050624000626,20050624000627,20050624000628,20050624000629, 20050624000630. 43. The terms and provisions contained in the document entitled "Memorandum of Agreement to Purchase Real Property" recorded September 19, 2006 as Recording No. 20060919000872 of Official Records. 44. Easement, including terms and provisions contained therein: Recording Information: July 27, 2011 under Recording No. 20110727000011 In Favor of: City of Federal Way, a Washington municipal corporation For: Public right-of-way Affects: (Parcel D) as described therein. 45. The terms, provisions and easement(s) contained in the document entitled "Temporary Construction Easement Agreement" recorded July 27, 2011 as Recording No. 20110727000920 of Official Records. (Affects Parcel D) 46. The terms and provisions contained in the document entitled "Temporary Permit to Enter Property and Remove Trees" recorded October 28, 2011 as Recording No. 20111028000776 of Official Records. (Affects Parcel D) 47. Evidence of the authority of the officers of Devco, Inc., a Washington corporation, to execute the forthcoming instrument, copies of the current Articles of Incorporation, By -Laws and certified copies of appropriate resolutions should be submitted prior to closing, 48. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term. The Following MattersMaMeys Affqert Parc I C: 49. James E. Merlino died leaving a Non -Intervention Will. Admitted to Probate: August 12, 2011 Probate Case No.: 11-4-04645-9, King County Personal Representative: Donald Stevens Attorney for Estate: Katie S. Groblewski, Lynn Merlino, Michael Edward Siderius and Ronald David Allen Said personal representative is authorized to administer the estate without intervention of court and to mortgage, convey or contract to convey decedent's interest in said premises. 50. Lien of succession taxes upon the estate of James E. Merlino, deceased, King County, Probate Case No. 11-4-04645-9. FirstAmerican Title Insurance Company Form WA-5 (6/76) File No.: NCS-560481-WAl Commitment Page No. 15 51. Evidence of the authority of the individual(s) to execute the forthcoming document for Merlino Federal Way Land LLC, a Washington limited liability company, copies of the current operating agreement should be submitted prior to_clos_ing. The Following Matters Affect Parcel A: 52. Terms and conditions of the Wayne B. Knight Credit Trust under the Last Will and Testament of Wayne B. Knight dated October 20, 2009, under which title is vested. A copy of the Trust Agreement and all amendments should be submitted prior to closing. the Following Matters Affect Parcel B: 53. Terms and conditions of the John H. MacLeod and Sarah MacLeod Family Trust, U.D.T. August 8, 1986, under which title is vested. A copy of the Trust Agreement and all amendments should be submitted prior to closing. 54. Terms and conditions of the William J. Chase and Jeanette M. Chase Living Trust, under which title is vested. A copy of the Trust Agreement and all amendments should be submitted prior to dosing. The Following Flatters Affect Parcel a: 55. Terms, conditions, provisions and stipulations of the Partnership Agreement of Campus Gateway Associates, a Washington limited partnership. A copy of the Certificate of Agreement and all amendments which are properly filed with the Secretary of State must be submitted prior closing. Any conveyance or encumbrance of the Partnership property must be executed by all of the General Partners. NOTE: If the proposed transaction involves a sale of all or substantially all of the Partnership's assets the written consent of all of the Limited Partners should be submitted, prior to closing. 56. Matters which may be disclosed by a search of the records against the name(s) of the general/managing partner(s) of the partnership named below, provided said matters represent partnership obligations. Partnership: Campus Gateway Associates, a Washington limited partnership The Fallowing Matter$ Affect Parcel E: 57. Evidence of the authority of the individual(s) to execute the forthcoming document for Kitts Corner Partners LLC, a Washington limited liability company, copies of the current operating agreement should be submitted prior to -closing. First American Titie Insurance Company Form WA-5 (6/76) Commitment INFORMATIONAL NOTES File No.; NCS-560481-WAI Page No. 16 A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result In rejection of the document by the recorder. B. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. C. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured. Ptn Sec 20 Twp 21N Rge 4E, NE Qtr APN: 202104-9004-04 APN: 202104-9072-01 APN: 202104-9001-07 APN: 202104-9070-03 APN: 202104-9069-06 D. According to the application for title insurance, tide is to vest in Devco, Inc., a Washington corporation. Examination of the records discloses no matters pending against said party(ies). E. A fee will be charged upon the cancellation of this Commitment pursuant to the Washington State Insurance Code and the filed Rate Schedule of the Company. END OF SCHEDULE B cc: Westlake Associates, Inc., First American Title Insurance Company Form WA-5 (6/76) Commitment r,•�r First American Title Insurance Company National Commercial Services COMMITMENT Conditions and Stipulations He No.: NCS-560481-WAl Page No. 17 The term "mortgage" when used herein shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of a defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment, other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act or reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclosure such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option, may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of Policy or Policies committed for, and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the Policy or Policies committed for and such liability is subject to the Insuring provisions, exclusion from coverage, and the Conditions and Stipulations of the form of Policy or Policies committed for in favor of the proposed Insured which are hereby incorporated by references, and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the Insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. FirstAmerican Title Insurance Company Form WA-5 (6/76) Commitment The First American Corporation First American Title buurance Company National Commercial Services PRIVACY POLICY We Are Committed to Safeguarding Customer Information File No.: NC5-560481-WAl Page No. 18 In order to better serve your needs now and In the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such Information particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal Information you provide to us, Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal Information. Applicability This Privacy Policy govems our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal Information regardless of Its source. First American calls these guidelines Its Fair Information Values, a copy of which can be found on our webstte at www,firstam.com. Types of information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: Information we receive from you on applications, fortes and In other communications to us, whether In writing, in person, by telephone or any other means; Information about your transactions with us, our affiliated companies, or others; and, Information we receive from a consumer reporting agency. Use of Information We request Information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such Information Indefinitely, Including the period after which any customer relationship has ceased. such Information may be used for any Internal purpose, such as quality control efforts or customer analysts. We may also provide all of the types of nonpubllc personal Information Ilsted above to one or more of our affiliated companies. Such affiliated companies Include financial service providers, such as Ube insurers, property and casualty Insurers, and trust and Investment advisory companies, or companies Involved In real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even If you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your Information. We restrict access to nonpublic personal information about you to those Individuals and entitles who need to know that Information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your Information will be handled responsibly and In accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. c 2001 The First American Corporation - All Rights Reserved First American Title Insurance Company 40! CITY OF Federal Way RECEIVED MASTER LAND USE APPLICATION DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 S'h Avenue South Federal Way, WA 98003-6325 253-835-2607;Fax 253-835-2609 AEE.cii affederaIway. com / 3 -/ -,5 APPLICATION NO(s) Project Name Property Address/Location Parcel Number(s) Project Description Modification of MAR 14 2013 CITY OF FEDERAL WAY CDS ,51i V113 Date March 5 2013 WA Ordinance No. 05-490 to remove condition 3.c for public road through the residential area located generally west of the onsite Wetland No. 2. Type of Permit Required Annexation Binding Site Plan Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Director's Approval) Process II (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) X Process V (Quasi -Judicial Rezone) Process VI X SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercial/Residential Required Information RM-2400 Zoning Designation Multifamily Comprehensive Plan Designation N/A Value of Existing Improvements N/A V241e of Proposed Improvements International Building Code (IBC): N/A Occupancy Type N/A Construction Type Applicant Name: DevCo., Inc. Address: 11100 Main Street, Suite 301 CitylState: Bellevue, WA Zip: 98004 Phone: (425) 453-9551 Fax: (425) 453-9566 Email: Signature: tneubau Ze coapts.com Agent (if di Brent than Applicant) Name: CPH Consultants Address: 733 7th Avenue, Suite 100 City/State: Kirkland, WA Zip: 98033 Phone: (425) 285-2390 Fax: Email: (��23 ❑p[ matt hd �:.�_._ Owner i,a Ad MUS-164rner Development, LLC ress: 1026 Bellevue Way SE City/State: Bellevue, WA Zip: 98004 Phone: (425) 455-4772 Fax: (425) 453-2762 Email: Ischaadt@hwlink.com Signature: 5 C e- +& c 1,-d t 4-, P,r Bulletin #003 —January 1, 2011 Page 1 of 1 k:1I-IandoutslMaster Land Use Application March 8, 2013 Mr. Isaac Conlen Planning Manager City of Federal Way 33325 Eighth Avenue South Federal Way, WA 98003 Re: kills Corner Multifamily Federal Way Village, ref. City File No. 07-100345-UP Proposal to Mortify Existing Ordinance No. 05-490 Properly Owners' Acknowledgment Mr. Conlen, DevCo, Inc. has entered into a purchase and sale agreement to acquire a portion of the real properties previously entitled as Federal Way Village (FWV; City of Federal Way File No. 07-1 p0345-UP). More specifically, the agreement relates to the potential acquisition of the multifamily residential portion of the FWV project located west of the onsite wetland complex which is zoned RM-2400. The RM-2400 zoning of the FWV project was established by City Ordinance ##05.490, and a condition of that zone designation was the establishment of a public roadway through the site from South 3361h Street to a future extension of T 3"h Place South to the east. DevCo's planned multifamily residential development of the property requires modification of the existing ordinance to remove this public roadway requirement. The current owners of the subject properties support DevCo's proposal to modify the existing Ordinance #05-490 to remove the requirement for a public roadway in the RM-2400 portion of the FWV project site. Their support and understanding of the pending application to modify the ordinance is acknowledged by the signatures at the closing of this correspondence. Your continued assistance and prompt response to the Kitts Corner Multifamily project is appreciated. Our team looks forward to continuing to work with you and the City. Sincerely, DevCo, Inc. Evan tHun den President Property Owner Kitts Corner Development, LLC Leonard Schoadt Its Manager —a A Federal Way NOTICE OF PUBLIC HEARING Notice is hereby given that the City of Federal Way Hearing Examiner will hold a public hearing at 2:30 Fshortly thereafter, Federal WayCityCOuncilChamberse(333 5138th Avenue South, Federal Way, WA 98003) for the. following project, in accordance with the federal Way Revised Code. Project Name: Kitts Corner Multifamily Project Description:Amendment to Ordinance 05-490 as subsequently amended by Ordinances 05-491, 05-492, 07-558, 08.581, and 09-514 to change the designation of the proposed roadway connecting from South 338th Street through the proposed residential area from a public to a private street in order to facilitate the future construction of a 208 unit multifamily complex. AppIcWVDwner: DevDo Inc., 11i00 Main Street, Suite 301, Bellevue, WA 98004 Agent: CPH Consultants, 733 7th Avenue, Suite 100, Kirkland, WA 98033 Project Locafiow 33701 Pacific Highway South, Federal Way File Nas: 13-10118D-UP113-101181-SE Application Received: March 14, 2013 Determined Complete: April 30, 2013 Notce of Application: May 3, 2013 Public Hearing Process: Any person may partici- pate in the public hearing by submitting written comments to the Hearing Examiner either by deliv- ering comments to the Department of Community and Econamic Development (address above) be- fore the hearing, or by appearing at the hearing and presenting public testimony in person, of through a representative. The hearing Examiner will issue a recommendation on the Use Process V application within ten working days_ after the close of the hearing. Any person has the right to request a copy of the Hearing Examiner's decision. Only Persons who submit written or oral comments_ to the Hearing. Examiner may appeal the Hearing Ex- aminer's decision. The application is to be re- viewed under all applicable codes, regulations, and policies of the City of Federal Way. The official file for the above project is available For review during business hours at the permit counter at City Hall. The staffreport to the Hearing Examin- er will be available For review one week before the hearing, ❑uestions regarding this -project should be directed to Principal Planner Margaret Clark, A.ICP, 253-835-2646, or margaret.clafk@oityot- federalway.com. Publlshed In the Federal Way Mirror DR May 17, 2013 FWM2014 -PZ,--)Yy) 6 i L-) ��,�3 31919 1 sc Ave S, Suite 101 1 Federal, Way, WA 98003 1 253.925.5565 1253.925.5750 (f) Affidavit of Publication Rudi Alcott, being first duly sworn on oath, deposes and says that he is the Publisher of The Federal Way Mirror, a weekly newspaper. That said newspaper is published in the English language continually as a weekly newspaper in Federal Way, King County, Washington, and is now and during all of said time has been printed in an office maintained by the aforementioned place of publication of said newspaper. That the annexed is a true copy of a legal advertisement placed by 6 City of Federal Way - Economic Develppment as it was published in regular issues (and not in supplemental form) of said newspaper once each week for a period of one consecutive weeks(s), commencing on the 17th day of May 2013, and ending on the 17th day of May 2013 both dates inclusive, and that such newspaper was regularly distributed to its readers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum Of S 100.94, which amount has been paid in full, or billed at the legal rate according to RCW 65.16.020. Subscribed to and sworn before me this 3rd day of June 2013. Notary Public in and for the State of Washington, Residing at Federal Way DEC ��- �� 2013 rfrrrf s�RaY+Pu����. 41k Federal OF Way DEPARTMENT OF COM.MUNiTY AND ECONawic DEVELOPMENT 33325 8" Avenue South Federal Way WA 98Q03 253-835-7000; Fax 253.835-2609 �+w.cit of€ederalw .com DECLARATION OF DISTRIBUTION L MQ vret Clark hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & - Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter X Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was 0 mailed ❑ faxed 0 e-mailed and/or X posted to or at each of the following addresses on May 17. 2013, Kitts Corner Multifamily 33701 Pacific Highway South, Federal Way (2 signs) Signature Date May 20 2013 Posted Sites Ma 20 2013 : Federal Way City Hall: 33325 81h Ave South Federal Way Library: 34200 1 st Way South (Under Construction KA2013 Kitts Comer Multifamily\Hearing Examiner\Declaration of Distribution.doc CITY OF Federal Way DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.cit offeoleralwa .corn DECLARATION OF DISTRIBUTION I J hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significarce (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Pemit ❑ Adoption of Existing Environmental Document was mailed ❑ faxed ❑ e-mailed and/or ❑ posted to or at each of the attached addresses on 7 a 2013. Project Name r File Number(s) 13- - _ G f � Signature Date K:\CD Administration Files\Declaration of Distribution.doc/Last printed 5/3/2013 9:53:00 AM CITY OF Federal ha NOTICE OF PUBLIC HEARING Notice is hereby given that the City of Federal Way Hearing Examiner will hold a public hearing at 2:30 p.m., or shortly thereafter, on June 6, 2013, in Federal Way City Council Chambers (33325 8th Avenue South, Federal Way, WA 98003) for the following project, in accordance with the Federal Way Revised Code. Project Name: Kitts Corner Multifamily Project Description: Amendment to Ordinance 05-490 as subsequently amended by Ordinances 05- 491, 05-492, 07-558, 08-581, and 09-614 to change the designation of the proposed roadway connecting from South 33oh Street through the proposed residential area from a public to a private street in order to facilitate the future construction of a 208 unit multifamily complex Applicant/Owner: DevCo Inc., 11100 Main Street, Suite 301, Bellevue, WA 98004 Agent. CPH Consultants, 733 7th Avenue, Suite 100, Kirkland, WA 98033 Project Location: 33701 Pacific Highway South, Federal Way File No's: 13-101180-UP/13-101181-SE Application Received: March 14, 2013 Determined Complete: April 30, 2013 Notice of Application: May 3, 2013 Public Hearing Process: Any person may participate in the public hearing by submitting written comments to the Hearing Examiner either by delivering comments to the Department of Community and Economic Development (address above) before the hearing, or by appearing at the hearing and presenting public testimony in person, or through a representative. The Hearing Examiner will issue a recommendation on the Use Process V application within ten working days after the close of the hearing. Any person has the right to request a copy of the Hearing Examiner's decision. Only persons who submit written or oral comments to the Hearing Examiner may appeal the Hearing Examiner's decision. The application is to be reviewed under all applicable codes, regulations, and policies of the City of Federal Way. The official file for the above project is available for review during business hours at the permit counter at City Hall. The staff report to the Hearing Examiner will be available for review one week before the hearing. Questions regarding this project should be directed to Principal Planner Margaret Clark, AICP, 253-835-2646, or maMaret.clark@cilyoffederalway.com. Published in the Federal Way Mirror on May 17, 2013 KA2013 Kitts Comer Multifamily\Hearing Examiner\Public Notice.doc �r I +►nos AMN �421d - a; J13— se 132180020 2021049001 2021049002 KRS HOLDINGS LLC MERLINO JEAN & PAUL SKCMSC FEDERAL WAY ASSOC 34100 9T" AVE S 11738 4T" AVE NW 100A S 336T" ST FEDERAL WAY WA 98003 SEATTLE WA 98177 FEDERAL WAY WA 98003 2021049004 2021049051 2021049069 KNIGHT CREDIT TRUST PROGRESSIVE CASUALTY INS KITTS CORNER PARTNERS LLC 33901 PACIFIC HWY S 34001 PACIFIC HWY S 33601 PACIFIC HWY S FEDERAL WAY WA 98003 FEDERAL WAY WA 98003 FEDERAL WAY WA 98003 2021049070 2021049072 2021049080 CAMPUS GATEWAY ASSOC PETERSON L R DDS JONES RALPH 33701 PACIFIC HWY S 34051 PACIFIC HWY S 34010 PACIFIC HWY S FEDERAL WAY WA 98003 FEDERAL WAY WA 98003 FEDERAL WAY WA 98003 2021049086 2021049090 9265030040 L & D WA LLC NELSON E CURTIS & ELIZABETH TLC ENTERPRISES 33903 PACIFIC HWY S 33905 PACIFIC HWAY S 1336 S 336T" ST FEDERAL WAY WA 98003 FEDERAL WAY WA 98003 FEDERAL WAY WA 98003 2021049120 2021049119 2121049024 2121049025 PATTISON MICHAEL & LARRY MCELROY THORNTON F OH INVESTMENTS LLC 34020 PACIFIC HWY S 1700 S 340T" ST 33606 PACIFIC HWY S FEDERAL WAY WA 98003 FEDERAL WAY WA 98003 FEDERAL WAY WA 98003 2121049026 2121049068 9265030035 2121049037 2121049027 CHRISTIAN FAITH CENTER KINDERCARE LEARNING CTR RED CANOE CREDIT UNION 33832 PACIFIC HWY S 33504 13T" PL S PO BOX 3020 FEDERAL WAY WA 98003 FEDERAL WAY WA 98003 LONGVIEW WA 98632 2121049050 9265030010 3903800150 SPECTRUM BUSINSS MCELROY THORNTON F JUNG DU SIK & JUNG ANN Y PARK & SPECTRUM PLAZA LLC 34020 PACIFIC HWY S 33501 PACIFIC HWY S 1610 S 341ST PL FEDERAL WAY WA 98003 FEDERAL WAY WA 98003 FEDERAL WAY WA 98003 3903800160 7978200050 7978200060 9265010080 INSTITUTE FOR FAMILY DEV GLEE DRAPER WA TRUCKING ASSOC 34004 16T" AVE S 33370 PACIFIC HWY S 930 S 336T" ST FEDERAL WAY WA 98003 FEDERAL WAY WA 98003 FEDERAL WAY WA 98003 9264800110 9264800140 9264800120 9265030030 CAMPUS BUSINESS PARK ROLLING FRITO-LAY SALES LP WOODLAND REALTY SERVICES 34004 9T" AVE S 7701 LEGACY DR # MD-4a-3 1500 S 336T" ST FEDERAL WAY WA 98003 PLAN O TX 75024-4099 FEDERAL WAY WA 98003 9264800150 9265010010 9265030020 9265030050 OMNI PROPERTIES INC HOEFER HOLDINGS LLC HASSEN PROPERTIES INC 909 S 336T" ST 33525 PACIFIC HWY S 1230 S 336T" ST FEDERAL WAY WA 98003 FEDERAL WAY WA 98003 FEDERAL WAY WA 98003 9265030053 SCHULTZ MURPHY PROPERTIES 33505 13T" PL S FEDERAL WAY WA 98003 9265030055 MULTI SERVICE CENTER 1200 S 336T" ST FEDERAL WAY WA 98003 1 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 8t" Avenue South Federal Way WA 98003 CITYOF 253-835-7000; Fax 253-835-2609 Federal Way www.clt offederalwa .cam DECLARATION OF DISTRIBUTION r- i, ' hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significarce (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter 19 Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Peirnit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed A e-mailed and/or ❑ posted to or at each of the attached addresses on 2013. Project Name File Number(s) -IDi f Rfi- F 17 Signature - - Date %3 K:\CD Administration Files\Declaration of Distribution.doc/Last printed 5/3/2013 9:53:00 AM CITY OF Federal Way NOTICE OF PUBLIC HEARING Notice is hereby given that the City of Federal Way Hearing Examiner will hold a public hearing at 2:30 p.m., or shortly thereafter, on June 6, 2013, in Federal Way City Council Chambers (33325 8`h Avenue South, Federal Way, WA 98003) for the following project, in accordance with the Federal Way Revised Code. Project Name: Kitts Corner Multifamily Project Description: Amendment to Ordinance 05-490 as subsequently amended by Ordinances 05- 491, 05-492, 07-558, 08-581, And 09-614 to change the designation of the proposed roadway connecting from South 336`h Street through the proposed residential area from a public to a private street in order to facilitate the future construction of a 208 unit multifamily complex Applicant/Owner: DevCo Inc., 11100 Main Street, Suite 301, Bellevue, WA 98004 Agent: CPH Consultants, 733 71h Avenue, Suite 100, Kirkland, WA 98033 Project Location: 33701 Pacific Highway South, Federal Way File No's: 13-101180-UP/13-101181-SE Application Received: March 14, 2013 Determined Complete: April 30, 2013 Notice of Application: May 3, 2013 Public Hearing Process: Any person may participate in the public hearing by submitting written comments to the Hearing Examiner either by delivering comments to the Department of Community and Economic Development (address above) before the hearing, or by appearing at the hearing and presenting public testimony in person, or through a representative. The Hearing Examiner will .issue a recommendation on the Use Process V application within ten working days after the close of the hearing. Any person has the right to request a copy of the Hearing Examiner's decision. Only persons who submit written or oral comments to the Hearing Examiner may appeal the Hearing Examiner's decision. The application is to be reviewed under all applicable codes, regulations, and policies of the City of Federal Way. The official file for the above project is available for review during business hours at the permit counter at City Hall. The staff report to the Hearing Examiner will be available for review one week before the hearing. Questions regarding this project should be directed to Principal Planner Margaret Clark, AICP, 253-835-2646, or margaret.clark@ciiyoffedei-alway.co Published in the Federal Way Mirror on May 17, 2013 KA2013 Kitts Corner Multifamily\Hearing Examiner\Public Notice.doc Tina Piety From: Mary Lou Goss <mgoss@fedwaymirror.com> Sent: Thursday, May 16, 2013 9:55 AM To: Tina Piety Subject: Re: Legal Notice All taken care of.... Mary Lou Goss Office Coordinator/ Advertising Sales Consultant Office: 253-925-5565, Ext 3056 Internal: 02-3056 31919 1 st Ave S, Ste 101, Federal Way, WA 98003 Sound Publishing, Inc. Map Print Rates Online Rates Media Kit Sound Info On Thu, May 16, 2013 at 9:24 AM, Tina Piety-]"ina.Piety�a�cityoffederalway.com> wrote: Hello, Please publish the attached legal notice (Kitts Corner Multifamily Hearing Examiner Notice, 13-101180) on Friday, May 17, 2013. Please furnish an affidavit of publication. Thank you, Tina Piety, Administrative Assistant II Department of Community and Economic Development City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-2601; Fax 253-835-2609 CITY o, � Federal Way NOTICE OF PUBLIC HEARING Notice is hereby given that the City of Federal Way Hearing Examiner will hold a public hearing at 2:30 p.m., or shortly thereafter, on June 6, 2013, in Federal Way City Council Chambers (33325 8"' Avenue South, Federal Way, WA 98003) for the following project, in accordance with the Federal Way Revised Code. Project Name: Kitts Corner Multifamily Project Description: Amendment to Ordinance 05-490 as subsequently amended by Ordinances 05- 491, 05-492, 07-558, 08-581, and 09-614 to change the designation of the proposed roadway connecting from South 33e Street through the proposed residential area from a public to a private street in order to facilitate the future construction of a 208 unit multifamily complex. Applicant/Owner: DevCo Inc., 11100 Main Street, Suite 301, Bellevue, WA 98004 Agent: CPH Consultants, 733 7`h Avenue, Suite 100, Kirkland, WA 98033 Project Location: 33701 Pacific Highway South, Federal Way File No's: 13-101180-UP/13-101181-SE Application Received: March 14, 2013 Determined Complete: April 30, 2013 Notice of Application: May 3, 2013 Public Hearing Process: Any person may participate in the public hearing by submitting written comments to the Hearing Examiner either by delivering comments to the Department of Community and Economic Development (address above) before the hearing, or by appearing at the hearing and presenting public testimony in person, or through a representative. The Hearing Examiner will issue a recommendation on the Use Process V application within ten working days after the close of the hearing. Any person has the right to request a copy of the Hearing Examiner's decision. Only persons who submit written or oral comments to the Hearing Examiner may appeal the Hearing Examiner's decision. The application is to be reviewed under all applicable codes, regulations, and policies of the City of Federal Way. The official file for the above project is available for review during business hours at the permit counter at City Hall. The staff report to the Hearing Examiner will be available for review one week before the hearing. Questions regarding this project should be directed to Principal Planner Margaret Clark, AlCP, 253-835-2646, or margaret.clarkgcityoffedemlway.com. Published in the Federal Way Mirror on May 17, 2013 KA2013 Kitts Comer Multifamily\Hearing Examiner\Public Notice.doc Federal Way NOTICE OF DETERMINATION OF NONSIGNIFICANCE (DNS) Project Name: Kitts Comer Multifamily Project Description:Amendrnent to Ordinance 05-490 as subsequently amended by Ordinances 05.491, 05-492, 07-558, 08-581, and 09-614 to change the designation of the proposed roadway connecting from South 336th Street through the proposed residential area from a public to a private street in order to facilitate the future construction of -a 208 unit multifamily complex. Applicantlowner: DevCO Inc., tt100 Main Street, Suite 301, Bellevue, WA 98004 Agent: CPH Consultants, 733 71h Avenue, Suite Ia0, Kirkland, WA 98033 Project Location: 33701 Pacific Highway South, Federal Way Lead Agency: City of Federal Way, Department of Community and Economic Development City Contact: Principal Planner Margaret Clark, 253-835-2646, margaret.clark®cityoffederal- way.com Environmental Review File No.13-101181-SE Use Process File 140. 13-101180-i1P The ;ead agency for this proposal has determined that it does not -have a probable significant adverse impact on the environment. An environmental im- pact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after re- view of a completed environmental 'checklist and other information on file with the lead agency. This information is avaiiable to the public on request. This DNS is issued after using the optional DNS process in WAG 197-11-355, There is no further comment period on this DNS- This decision may be appealed by filing a written letter to the Federal Way City Clerk (33325 8th Avenue South, Federal Way, WA 98G03), stating the reason for the appeal of the determination within 14 days of issuance, May 31, 2013. You should be •prepared to make specific factual objections. Published in the Federal Way Mirror on May 17, 2013 FWM2015 MG1 ) n , C)-Oi3 117Nl•E-C]ERAL tV* MI 31919 Is'Ave S, Suite 101 1 Federal, Way, WA 98003 1253.925.5565 1 253.925.5750 (f) Affidavit of Publication Rudi Alcott, being first duly sworn on oath, deposes and says that he is the Publisher of The Federal Way Mirror, a weekly newspaper. That said newspaper is published in the English language continually as a weekly newspaper in Federal Way, King County, Washington, and is now and during all of said time has been printed in an office maintained by the aforementioned place of publication of said newspaper. That the annexed is a true copy of a legal advertisement placed by City of Federal Way - Economic Development as it was published in regular issues (and not in supplemental form) of said newspaper once each week for a period of one consecutive weeks(s), commencing on the 17th day of May 2013, and ending on the 17th day of May 2013, both dates inclusive, and that such newspaper was regularly distributed to its readers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $86.52, which amount has been paid in full, or billed at the legal rate according to RCW 65.16.020. Subscribed to and sworn before me this 3rd day of .tune 2013. Notary Public in and for the State of Washington, Residing at Federal Way N vpVISF r � A�p1SSlav��� DEC v> �, 20f3 1 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 CITY O F 253-835-7000; Fax 253-835-2609 if Way www. aftederalwcr . am Federal DECLARATION OF DISTRIBUTION hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Pelmit ❑ Adoption of Existing Environmental Document was mailed ❑ faxed K1 e-mailed and/or ❑ posted to or at each of the attached addresses on 2013. Project Name File Number(s) Signature Date K:\CD Administration Files\Declaration of Distdbution.doc/Last printed 5/3/2013 9:53:00 AM Tina Piety From: Tina Piety Sent: Thursday, May 16, 2013 1:16 PM To: 'Garrett Huffman'; 'sepaunit@ecy.wa.gov'; 'imiller@psrc.org'; 'basbury@lakehaven.org'; 'reviewteam@commerce.wa.gov'; 'Sam Pace'; Chris Ingham; Gordon Goodsell; 'pmullen@federalwaychamber.com'; 'Teri Hickel'; 'newstips@thenewstribune.com' Subject: Federal Way Determination of Nonsignificance Attachments: Kitts Corner Multifamily DNS.pdf Hello, Attached you will find a Determination of Nonsignificance for the Kitts Corner Multifamily project. Please contact Principal Planner Margaret Clark at 253-835-2646, or Marg_aret.clark cit offederalway cam, if you have any comments or questions. Tina Piety, Administrative Assistant II Department of Community and Economic Development City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-2601; Fax 253-835-2609 CITY OF Federal Way DETERMINATION OF NONSIGNIFICANCE (DNS) Project Name: Kitts Corner Multifamily Project Description: Amendment to Ordinance 05-490 as subsequently amended by Ordinances 05- 491, 05-492, 07-558, 08-581, and 09-614 to change the designation of the proposed roadway connecting from South 336th Street through the proposed residential area from a public to a private street in order to facilitate the future construction of a 208 unit multifamily complex. Applicant/Owner: DevCo Inc., 11100 Main Street, Suite 301, Bellevue, WA 98004 Agent: CPH Consultants, 733 7`h Avenue, Suite 100, Kirkland, WA 98033 Project Location: 33701 Pacific Highway South, Federal Way Lead Agency: City of Federal Way, Department of Community Development Services City Contact: Principal Planner Margaret Clark, 253-835-2646, mar aret.clark ci offederalwa -cam Environmental Review File No: 13-101181-SE Use Process File No: 13-101180-UP The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued after using the optional DNS process in WAC 197-11-355. There is no further comment period on this DNS. This decision may be appealed by filing a written letter to the Federal Way City Clerk (33325 8th Avenue South, Federal Way, WA 98003), stating the reason for the appeal of the determination within 14 days of issuance, May 31, 2013. You should be prepared to make specific factual objections. Responsible Official: Patrick Doherty Title: Director, Department of Community and Economic Development Address: 33325 8`h Avenue South, Federal Way, WA 98003 I Date Issued: May 17, 2013 Signature: ' G KA2013 Kitts Comer Multifamily\SEPA\DNS.doc 7 � a .co C � Ia;pg�pg�` Nzb;b-a"s3 cn V U a� a I —I— T-Li HbWS AMH YdMd HBW.7nH3AV K= = f ' i � I 1 � i a I E `I .R oyd a 8 MASTER BUILDERS ASSOC DEPT OF ECOLOGY PSRC 335 116T" AVE SE ENVIRONMENTAL REVIEW SEC GROWTH MANAGEMENT DEPT BELLEVUE WA 98004-6407 PO BOX 47703 1011 WESTERN AVE #500 ghuffman@mbaks.com OLYMPIA WA 98504-7703 SEATTLE WA 98104-1040 sepaunit@ecy.wa.gov imiller@psrc.org BRIAN ASBURY LAKEHAVEN UTILITY DIST PO BOX 4249 FEDERAL WAY WA 98063 basbury@lakehaven.org SOUTH KING FIRE & RESCUE 31617 1 IT AVE S FEDERAL WAY WA 98003 chris.ingham@southkingfire.org gordon.goodsell@southkingfire.org BRANDON REYNON PUYALLUP TRIBE OF INDIANS HISTORIC PRESERVATION DEPT 3009 E PORTLAND AVE TACOMA WA 98404 KC DEPT OF ASSESSMENTS 500 4T" AVE #ADM-AS-0708 SEATTLE WA 98104 REVIEW TEAM WA DEPT OF COMMERCE GROWTH MGT SERVICES PO BOX 42525 OLYMPIA WA 98504-2525 reviewteam@commerce.wa.gov FW CHAMBER OF COMMERCE PO BOX 3440 FEDERAL WAY WA 98063 pmullen@federalwaychamber.com terih@federalwaychamber.com SAM PACE SEA/KING CO ASSOC/REALTORS 29839 154T" AVE SE KENT WA 98042-4557 sampace@concentric.net FEDERAL WAY DISPOSAL PO BOX 1877 AUBURN WA 98071 MUCKLESHOOT INDIAN TRIBE LAURA MURPHY FISHERIES DIVISION TRIBAL ARCHAEOLOGIST ATTN ENVIRONMENTAL REVIEWER MUCKLESHOOT INDIAN TRIBE 39015 172ND AVE SE 39015 172ND AVE SE AUBURN WA 98092 AUBURN WA 98092 FEDERAL WAY NEWS 14006 1IT AVE S STE B BURIEN WA 98168 SEATTLE PI FEDERAL WAY MIRROR 2601 ELLIOTT AVE STE 300A 31919 1IT AVE S STE 101 SEATTLE WA 98121 FEDERAL WAY WA 98003 ATTN NEWSROOM TACOMA NEWS TRIBUNE 1950 S STATE ST TACOMA WA 98405 newstips@thenewstribune.com Updated May 2, 2013 CITY OF Federal Way DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.citvoffederaWaV.COM DECLARATION OF DISTRIBUTION I,- �- hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Pemit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed �e-mailed and/or ❑ posted to or at each of the attached addresses on a-i;-.• �I 2013. R Project Name File Number(s) 13- Ao - F L 3 - % /1,969 Signature K:\CD Administration Files\Declaration of Distftution.doc/Last printed 5/3/2013 9:53:00 AM Ak CITY OF Federal Way NOTICE OF DETERMINATION OF NONSIGNIFICANCE (DNS) Project Name: Kitts Corner Multifamily Project Description: Amendment to Ordinance 05-490 as subsequently amended by Ordinances 05- 491, 05-492, 07-558, 08-58I, and 09-614 to change the designation of the proposed roadway connecting from South 330 Street through the proposed residential area from a public to a private street in order to facilitate the future construction of a 208 unit multifamily complex Applicant/Owner: DevCo Inc., 11100 Main Street, Suite 301, Bellevue, WA 98004 Agent: CPH Consultants, 733 76' Avenue, Suite 100, Kirkland, WA 98033 Project Location: 33701 Pacific Highway South, Federal Way Lead Agency: City of Federal Way, Department of Community and Economic Development City Contact: Principal Planner Margaret Clark, 253-835-2646, mar aret.ciark c cit offederalwa _cam Environmental Review File No: 13-101181-SE Use Process File No: 13-101180-UP The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued after using the optional DNS process in WAC 197-11-355. There is no further comment period on this DNS. This decision may be appealed by filing a written letter to the Federal Way City Clerk (33325 8'h Avenue South, Federal Way, WA 98003), stating the reason for the appeal of the determination within 14 days of issuance, May 31, 2013. You should be prepared to make specific factual objections. Published in the Federal Way Mirror on May 17, 2013 KA2013 Kitts Comer MultifamilyMPA\Notice of DNS.doc Tina Piet From: Mary Lou Goss <mgoss@fedway mirror. corn> Sent: Thursday, May 16, 2013 9:58 AM To: Tina Piety Subject: Re: Legal Notice All taken care of... Mary Lou Goss Office Coordinator/ Advertising Sales Consultant Office: 253-925-5565, Ext 3056 Internal: 02-3056 31919 1st Ave S, Ste 101, Federal Way, WA 98003 L=i M1 , Sound Publishing, Inc. Map Print Rates Online Rates Media Kit Sound Info On Thu, May 16, 2013 at 9:23 AM, Tina Piety Mina.Piety(@c ooffederalway.com�l, wrote: Hello, Please publish the attached legal notice (Kitts Corner Multifamily DNS, 13-101181) on Friday, May 17, 2013. Please furnish an affidavit of publication. Thank you, Tina Piety, Administrative Assistant II Department of Community and Economic Development City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-2601; Fax 253-835-2609 1 Margaret Clark From: Tina Piety Sent: Thursday, May 16, 2013 3:13 PM To: Margaret Clark Subject: FW: Federal Way Determination of Nonsignificance Attachments: Kitts Corner Multifamily DNS.pdf FYI From: Tina Piety Sent: Thursday, May 16, 2013 1:16 PM To: 'Garrett Huffman'; 'sepaunit@ecy.wa.gov'; 'imiller@psrc.org'; 'basbury@lake haven.org'; 'reviewteam@commerce.wa.gov'; 'Sam Pace'; Chris Ingham; Gordon Goodsell;'pmullen@federalwaychamber.com'; 'Teri Hickel'; 'newstips@thenewstribune.com' Subject: Federal Way Determination of Nonsignificance Hello, Attached you will find a Determination of Nonsignificance for the Kitts Corner Multifamily project. Please contact Principal Planner Margaret Clark at 253-835-2646, or Margaret.clark cityoffederaiway.cam, if you have any comments or questions. Tina Piety, Administrative Assistant II Department of Community and Economic Development City of Federal Way 33325 eth Avenue South Federal Way, WA 98003-6325 253-835-2601; Fax 253-835-2609 . - CITY OF Federal Way DETERMINATION OF NONSIGNIFICANCE (DNS) Project Name. Kitts Corner Multifamily Project Description: Amendment to Ordinance 05-490 as subsequently amended by Ordinances 05- 491, 05-492, 07-558, 08-581, and 09-614 to change the designation of the proposed roadway connecting from South 336h Street through the proposed residential area from a public to a private street in order to facilitate the future construction of a 208 unit multifamily complex. ApplicantlOwner. DevCo Inc., 11100 Main Street, Suite 301, Bellevue, WA 98004 Agent. CPH Consultants, 733 70' Avenue, Suite 100, Kirkland, WA 98033 Project Location: 33701 Pacific Highway South, Federal Way Lead Agency: City of Federal Way, Department of Community Development Services City Contact. Principal Planner Margaret Clark, 253-835-2646, mar aret.c€ark olcit offederalwa .corn Environmental Review File No: 13-101181-SE Use Process File No: 13-101180-UP The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21 C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued after using the optional DNS process in WAC 197-11-355. There is no further comment period on this DNS. This decision may be appealed by filing a written letter to the Federal Way City Clerk (33325 8th Avenue South, Federal Way, WA 98003), stating the reason for the appeal of the determination within 14 days of issuance, May 31, 2013. You should be prepared to make specific factual objections. Responsible Official: Patrick Doherty Title: Director, Department of Community and Economic Development Address: 33325 8te Avenue South, Federal Way, WA 98003 Date Issued: Mav 17, 2013 Signature: r-%2013 Kilts Comer Multif®i 3ASEPAUMAoe CITY OF Federal Way NOTICE OF DETERMINATION OF NONSIGNIFICANCE (DNS) Project Name: Kitts Corner Multifamily Project Description: Amendment to Ordinance 05-490 as subsequently amended by Ordinances 05- 491, 05-492, 07-358, 08-581, and 09-614 to change the designation of the proposed roadway connecting from South 336`" Street through the proposed residential area from a public to a private street in order to facilitate the future construction of a 208 unit multifamily complex. Applicant/Owner: DevCo Inc., 11100 Main Street, Suite 301, Bellevue, WA 98004 Agent. CPH Consultants, 733 7`s Avenue, Suite 100, Kirkland, WA 98033 Project Location: 33701 Pacific Highway South, Federal Way Lead Agency: City of Federal Way, Department of Community and Economic Development City Contact: Principal Planner Margaret Clark, 253-835-2646, mg aret.clark ci offederalwa Lcom. Environmental Review File No: 13-101181-SE Use Process File No: 13-101180-UP The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21 C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued after using the optional DNS process in WAC 197-11-355. There is no further comment period on this DNS. This decision may be appealed by filing a written letter to the Federal Way City Clerk (33325 8`s Avenue South, Federal Way, WA 98003), stating the reason for the appeal of the determination within 14 days of issuance, May 31, 2013. You should be prepared to make specific factual objections. Published in the Federal Way Mirror on May 17, 2013 KA2013 Kitts Comer Multifamily\SEMNotice of DNS.doc c U a a .iXP31 Tayy 0i 11,56i R3 tat Hop ivinalp z � 3 u W A .E co 75 a. 29 cn L M a i c U c U cn I _. -- - --� fI�1I8S3flrS[�ISYFli9I r � r 1 V 4iV S,II 1 t. u uU 1 1 LM m•L+u fngr�r 7" 7S 76 71 C �f CO .•J 56 f...r 7-'11 A PORTION OF THE N.E. 1/4 OF THE N.E. 1/4 OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 04 EAST, W.M. --JCiC?iiJt�i:iG►�vtsCTir'.• `- �_ �--- - f, '' J L7►1(j() .,,•' OC7i%V.Cjt vuvCi — - " L {lr L W V LL. .2e :ants ttHcr. I I •---I-__.... 2 [emu L} i t. a4. srSGt. ' L• - :.T'i ice•, 1!•�-r t • C' L • L rS 7U d i7 L,'L L't• l• -CtYd L i71; Y�U V. 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Lol E I .:.E D D D GROUND FLOOR FIRST FLOOR SECOND & THIRD FLOOR F� H gi H FIRST FLOOR SECOND FLOOR THIRD FLOOR SECOND FLOOR r:D 1� FIRST FLOOR I_ I! RESIDEN77AL L= OFFICE C RETAIL f� PARKING FOROJEGT DATA LABEL BUILDING FOOTPRINT BUILDING A1ZA BUILDING PARKING NO_ NO. Ct:N6TR11GTION UBE REGIIIR.ED Fi00R4 UNITS TYP2 A T,50ID SF 22,-00 SF RESIDENTIAL 1.T/ UNIT. 26 1ST-3R11 B TYFE 111.E B BoyOm 6F 80,Omo 5F RETAIL ANCHOR 1/ 3Oo --p. 261 *7 C loo— SF 10.000 L= RETAIL 1/ 302) OF. 33 16T TYPE rrl-B p 12A00 — 124-00 � PA7< I,_- GROUN TYPE v-B TYPE 1rr-H 12.000 SF COKI EIRCIAL V 300 9F. 40 IST TYPE III.B 24,000 S= FESIDENTIAL I.1/ UNIT. 34 2NDJ37W 20 TYPE UI.B E 12,a00 SF 12ROO SF PARKING _ GROUNp_ TYPE II!-B 6RJO0 6F CO`a'rRAIAL V 300 SF. 2go 1ST TYPE III-B 6,000 9= RETAILV 300 9F. 20 15T TYPE III-B 24,000 SF FuL-SIDENSIAL I.1/ UNIT= 34 21Z; NO 20 TTPE III-B F 1,000 C: 3.000 6F RESTAURANT V I0o SF. 30 1BT TTPE V_B 4p00 9F F2EfAIL 1/ 30O SF. 13 IST TTPE V-B 7,000 OF CO,' =RCIAL V 3Op 9F. 23 2Np 7Y� V-B G 4.500 6F 4,90o BF RETAIL V 300 SF. 15 19T TY� Y-B 4-500 SF CC-,K-__RCIAL V Boo SF. 1S 2Np TYPE V-B H 30f00ID 6F 3�00 SF RETAIL 1/ BOO 6F. I0 TB7 TYPE rl1-B 3.400 SF SMSTAUR-IT I 1/ lOO SF. 34 19T I Tl'P� 111-B 23,600E PARKING IST TYI' c 111-8 30,m00 E PARKING 2Np TYPc III.B 3goJ000 SF OFF-rCE V Boo SF. logo 3RD TYPE Ill-B J 4.200 SF 4,200 BCF TAIL I/ 3o0 Sp. 14 IST K 1,13ID SF l lBO 6F RETAIL I/ BOO SF. 24 IST TYPE v-B TYFG v-B L S,IOO SF 6,100 6F RESTAURANT 1/ 10o SF. 51 IST M 6,100 6F /0,100 S= RESTAURANT 1I lom 4. 61 19T T1rP` V-B TYPc V-B N 6go,000 SF 6o,OOO EF PARKING GROUND TYPE lII.B 60¢m0 A.= RETAIL V BOO SP.200 I 19T r TYPE III-B ej i r = J 320r450 Sr I �554 so TOTAL 139]00 BF CPAASING) PARSING PROVIDED. 1.140 BTA"e :51Tlmca i .I.A - CVA�i;;m5 4 • l Biz s J�Mul5ejw 5rld�tata• u laA- 5f__JJG1'r0_-7. 1 j;G c�a�r aPP'°'"'�' _ __. 06-106382 A i vP - a5-68 f1SWSMITTED AEG 0 2 2907 rITY OF FEAERA! WAY BUILDMJ0 [Ms