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
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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
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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
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__)'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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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 �
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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
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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 -
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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
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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
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UBE
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IST
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FESIDENTIAL
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E
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_
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TYPE III-B
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FuL-SIDENSIAL
I.1/ UNIT= 34
21Z; NO
20
TTPE III-B
F
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3.000 6F
RESTAURANT
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IST
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3�00 SF
RETAIL
1/ BOO 6F. I0
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TYPE rl1-B
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I
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3RD
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TAIL
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IST
K
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IST
TYPE v-B
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19T
r
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I
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so
TOTAL
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CPAASING)
PARSING PROVIDED.
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