09-104582CITY OF
L Federal Way
February 2, 2010
Mr. Jon Potter and Mr. Kurt Wilson
Federal Way Village LLC
PO Box 73790
Puyallup, WA 98373
CITY HALLFiLE
33325 8th Avenue South
Mailing Address: PO Box 9718
Federal Way, WA 98063-9718
(253) 835-7000
www.cityoffederalway.com
RE: FILE #09-104582-AD; CONDITIONAL APPROVAL
Federal Way Village Extension Request, 33701 Pacific Hwy South, Federal Way
Dear Mr. Potter and Mr. Wilson:
This letter grants conditional approval to your request received November 20, 2009, for a two-year
extension to the Process III land use decision for the above -referenced project. Land use approval for the
Federal Way Village proposal, a 300,890 sq/ft commercial building development consisting of 156,290
square feet of commercial, 60,000 square feet of general office space, 70,500 square feet of multi -family
residential, and 14,100 square feet of restaurant pads, was granted on January 11, 2008.1 A one-year
extension to submit a building permit was granted on February 24, 2009.2 To date, a building permit has
not been submitted.
Pursuant to Federal Way Revised Code (FWRC) 19.15.110, "Lapse of Approval — Time Extension," the
director may grant two-year extensions to the land use decision, subject to criteria. Your request
demonstrates that the applicant has made substantial progress as the applicant was successful in a
Washington State Department Local Redevelopment Financing award for roadway improvements. The
City agrees that the economic climate has changed significantly since the time of the original approval
resulting in a change in credit markets, which is a circumstance beyond your control. As the wooded site
has not been cleared or graded, there are no conditions that create a code violation or an attractive
nuisance. The property is posted for no -trespassing and is regularly checked by the Federal Way Police
Department.
While physical conditions in the vicinity of the project have not changed, the City has adopted new codes
and standards that would substantially affect project layout, storm drainage design, impact fees, and
concurrence capacity as discussed under FWRC 19.15.110(2)(d). In light of the extension request, Public
Works staff has identified specific mitigation to address criteria (2)(d) of FWRC 19.15.110.
The time extension is approved subject to the following conditions:
1. Stormwater quality treatment will be required on site and shall meet the standards that are in place
at the time a complete building permit is submitted.
1 File# 07-100345-UP
2 File #09-100599-AD
Wilson and Mr. Potter
Febr wary 2, 2010
Page 2
2. In lieu of paying the SEPA pro-rata traffic mitigation of $1,048,700.00 for Phase I and Phase II
improvements, prior to the issuance of a building permit the applicant shall pay a Traffic Impact
Fee (TIF) as adopted by the City and applicable at the time.
3. In the event that the two year extension expires prior to issuance of all of the Process III related
building permits, the applicant may be required to submit additional traffic related analysis
(Concturency and Safety analysis) as determined by the Public Works Director.
Unless modified or appealed, this two year extension of the land use decision will be valid until January
28, 2012. If no further action is taken by this extension deadline (action of beginning construction or
submitting to the City a complete building permit application), the decision becomes void.
FWRC 19.15.110 does permit additional extension opportunities that can be granted only if applicable
criteria are met. In addition, extensions to building permit applications can be requested. Under FWRC
19.15.110(5), this extension decision may be appealed by any person who is aggrieved by this decision.
The appeal must be in the form of a letter delivered to the Department of Community Development
Services, and be accompanied by the established fee, within 14 calendar days of the date of this extension
decision.
Please contact Senior Planner Deb Barker, at 253-835-2642 or deb.barker@cityoffederalway.com should
you have any questions about this letter.
Sincerely,
/jt'� 45L-,
Greg Fewins, Director
Community Development Services
c: Deb Barker, Senior Planner
Scott Sproul, Assistant Building Official
Ann Dower, Senior Engineering Plans Reviewer
Sarady Long, Senior Traffic Engineer
Brian Asbury, Lakehaven Utility District
Chris Ingham, South King Fire and Rescue
09-104592
Doc. LD 52788
l�
CITY OF FEDERAL WAY"
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL
DATE:
TO:
FROM -
FOR DR MTG. ON. -
FILE NUMBER(s):
RELATED FILE NOS.:
December 23, 2009
Ann Dower, Senior Development Review Engineer
Sarady Long, Senior Traffic Engineer
Scott Sproul, Assistant Building Official
Brian Asbury, Lakehaven Utility District
Chris Ingham, South King Fire & Rescue
Deb Barker
January 7, 2010
09-104582-00-AD
07-100345-UP
PROJECT NAME: Federal Way Village Process III Extension Requset
PROJECT ADDRESS- 33701 Pacific Highway South
ZONING DISTRICT. CE
PROJECT DESCRIPTION: Request for a two year extension of Process III decision.
PROJECT CONTACT: Federal Way Village LLC
Jon Potter
PO Box 73790
Seattle, WA 98
MATERIALS SUBMITTED:
o Letter dated November 19, 2009 from Kurt Wilson responding to decisional criteria
o List of decisional criteria to approve an extension request from FWRC 19.15.110(2)
. .. . . .-- . . ------ -..1... I .................. ................
':19-15.110 Lapse or approval — Time extension. - --
(I) Application. No less than 30 days prior to the lapse of approval under FWRC 19.1 li: for
:substantially completing construction or prior to lapse of approval for any proceeding time
:extension granted under this section, the applicant may submit a written request in the form of a
Metter with supporting documentation to the department requesting extension of those time limits
: of up to two years.
(2) Criteria- An extension request shall satisfy the following criteria to be approved:
(a) Except for the first request for time extension, the applicant has made substantial
:progress to complete the project;
(b) There are circumstances beyond the applicant's control Nvhich prevent compliance
'with the time limits of FWRC 19.15.100, or any previously granted extension;
(c) The extension will not create or continue conditions that constitute a code violation
or an attractive nuisance, contribute to erosion and sedimentation problems, or impact the public
health, safety and welfare; and
(d) Whether either physical conditions in the vicinity of the project or codes and
:requirements of the city, applicable agencies, and utility providers have changed to a such a
:degree since initial approval that it would be contrary to the public interest to extend the life of
:the project, including but not limited to such factors as:
(1) Whether the adoption of new codes/standards would substantially affect project
:layout and storm drainage design;
(ii) The adequacy of mitigation and/or impact fees to address the cost of mitigation
:at the end of the expiration period;
(iii) Whether the delayed project is an impediment to other development projects
:in the vicinity as a result of traffic concurrency reserved capacity.
The director may condition the extension request to satisfy criteria (2)(c) and (d) of this
:section as appropriate.
In order to demonstrate compliance with the criteria of subsection (2) of this section, the
:applicant may also provide pertinent documentation of financial backing, lease acceptance, or
;other such commitments secured by the developer and/or agent as well as applicable project
=timelines with milestones and dates of anticipated completion.
(3) Fee. The applicant shall include, with the letter of request, the hourly fee as established by
'the city. The request will not be accepted unless it is accompanied by the required hourly fee.
(4) Review process and timeline. Each request for time extension will be administratively
:reviewed and decided upon by the director who may grant up to a one-year extension of time to
:substantially complete construction and complete applicable conditions of approval for approved
.use process I application(s) after final decision and may grant up to a two-year extension of time
'to substantially complete construction and complete applicable conditions of approval for
;approved use„process It, III, or IV applications).
............ ........................... . - -..... .....I................
(5) Appeals. Any person who is aggrieved by the granting or denying of a request for a time
:extension under this section may appeal that decision as provided in FWRC .19.65.120. The
;appellant must file a letter of appeal indicating how the decision on the time extension affects the
.,appellant's property and presenting any relevant material or information supporting the
=appelcant's contention. The appeal will be heard and decided upon using process IV. Pursuant to
';Chapter 36.7013 RCW, any time limit upon the eity's processing and decision upon applications
,under this title may, except as otherwise specifically stated in this title, be modified by a written
;agreement between the applicant and the director. i
(6) Retroactive applicability. Extensions approved under this section shall be retroactive only
'for those active and valid use process 1, II, III, or IV applications.
:(Ord. No. 09-624, § 10, 9-15-09; Ord. No. 09-594, § 24, 1-6-09- Code 2001 § 22-40.)
Federal Way Village, L L C ca1,4,,ulvm a� �t Mee,
Nrae�����
November 19, 2009 a 9 0 20/04 Ur
Deb Barker, Senior Planner
City of Federal Way AZ>J1
P.O. Box 9718
Federal Way, Washington 98063-9718
Re: Federal Way Village — Request for Extension of Process III Decision
Dear Deb:
Thank you for meeting with Jon Potter and me last Thursday. As we discussed in our
meeting, we request an extension to the Process III Decision as provided in Federal Way
Code 19.15.110. Based on the City's letter of February 24, 2009 our approval extends
until January, 28, 2010. The Federal Way Village approved master plan is phased over a
five year period. We are requesting that the City extend the approvals due to present
economic conditions. This would allow and extension until January 28, 2012 for Phase 1.
The following addresses the extension criteria as provided in chapter 19.15.110.
"(2) Application. No less than 30 days prior to the lapse of approval under FWRC
19.15.100 for substantially completing construction or prior to lapse of approval for
any proceeding time extension granted under this section, the applicant may submit
a written request in the form of a letter with supporting documentation to the
department requesting extension of those time limits of up to two years."
Comment: This request was submitted over 30 days prior to the expiration of the
approval.
"(2) Criteria. An extension request shall satisfy the following criteria to be approved:
(a) Except for the first request for time extension, the applicant has made
substantial progress to complete the project;"
Comment: All City permit approvals necessary for the marketing for prospective
commercial tenants have been issued. The preliminary plat approval for the townhome
project was issued. Despite an active aggressive marketing campaign our listing agent,
(First Western Properties) has not secured an anchor tenant enabling us to move the
project forward. Similarly, residential builders are unable to secure development loans in
the current distressed financial market._
(b) There are circumstances beyond the applicant's control which prevent
compliance with the time limits of FWRC 19.15.100, or any previously granted
extension; "
Comment: Due to the national economic downturn, banks are not financing new
development projects. Prior to the downturn, we received strong interest from two national
retail anchors and we were negotiating lease agreements. We received an acceptable
offer from a local builder interested in developing the townhome project. The anchors and
builder all withdrew as a result of the economy.
"(c) The extension will not create or continue conditions that constitute a code
violation or an attractive nuisance, contribute to erosion and sedimentation
problems, or impact the public health, safety and welfare; and"
Comment: No code violation or nuisance exists. The property is undeveloped and no
development activity will occurred on site until financing becomes available and only after
grading permits have been granted by the City.
"(d) Whether either physical conditions in the vicinity of the project or codes and
requirements of the city, applicable agencies, and utility providers have changed to
a such a degree since initial approval that it would be contrary to the public interest
to extend the life of the project, including but not limited to such factors as:
(i) Whether the adoption of new codes/standards would substantially affect project
layout and storm drainage design;"
Comment: No new development has occurred in the vicinity of the site. The property
owners and the City entered into a Settlement Agreement and Covenant as part of a
regional storm drainage project establishing among other things, the use of the regional
detention facility for project on -site detention requirements. Hence, stormwater capacity is
reserved.
"(ii) The adequacy of mitigation and/or impact fees to address the cost of mitigation
at the end of the expiration period;"
Comment: The existing SEPA and permit approval conditions would not change as a
result of implementation of current codes.
"(M) Whether the delayed project is an impediment to other development projects in
the vicinity as a result of traffic concurrency reserved capacity."
Comment: No other projects would be adversely effected by the timing of the
development of Federal Way Village.
"The director may condition the extension request to satisfy criteria (2)(c) and (CO of
this section as appropriate."
Thank you for your consideration.
Sincerely,
rt Wilson
HCM Signalized Intersection _apacity Analysis
3040: SW 320 St & 1 AV S * 1/15/2010
� A I l'
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
tT+
0
Vi
+
r
I
Tt).
Volume (vph)
112
662
88
416
1310
152
278
459
333
152
485
188
Ideal Flow (vphpl)
1900
1900
1900
1900
1900
1900
1900
1900
1900
1900
1900
1900
Grade (%)
5%
-1 %
-1 %
1 %
Total Lost time (s)
5.0
5.0
5.0
5.0
5.0
5.0
5.0
5.0
5.0
Lane Util. Factor
1.00
0.95
1.00
0.95
1.00
1.00
1.00
1.00
0.95
Frpb, ped/bikes
1.00
1.00
1.00
0.99
1.00
1.00
0.98
1.00
0.99
Flpb, ped/bikes
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
Frt
1.00
0.98
1.00
0.98
1.00
1.00
0.85
1.00
0.96
Flt Protected
0.95
1.00
0.95
1.00
0.95
1.00
1.00
0.95
1.00
Satd. Flow (prot)
1725
3349
1764
3452
1750
1872
1537
1733
3327
Flt Permitted
0.95
1.00
0.95
1.00
0.13
1.00
1.00
0.15
1.00
Satd. Flow (perm)
1725
3349
1764
3452
238
1872
1537
282
3327
Peak -hour factor, PHF
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
Adj. Flow (vph)
112
662
88
416
1310
152
278
459
333
152
485
188
RTOR Reduction (vph)
0
8
0
0
7
0
0
0
28
0
35
0
Lane Group Flow (vph)
112
742
0
416
1455
0
278
459
305
152
638
0
Confl. Peds. (#/hr)
10
10
10
10
10
10
10
10
Bus Blockages (#/hr)
0
4
2
2
4
0
4
0
4
4
2
4
Turn Type
Prot
Prot
pm+pt
pm+ov
pm+pt
Protected Phases
1
6
5
2
3
8
5
7
4
Permitted Phases
8
8
4
Actuated Green, G (s)
10.0
30.1
29.0
49.1
45.9
31.3
60.3
35.5
25.9
Effective Green, g (s)
10.0
30.1
29.0
49.1
45.9
31.3
60.3
35.5
25.9
Actuated g/C Ratio
0.08
0.25
0.24
0.41
0.38
0.26
0.50
0.30
0.22
Clearance Time (s)
5.0
5.0
5.0
5.0
5.0
5.0
5.0
5.0
5.0
Vehicle Extension (s)
2.0
2.0
2.0
2.0
2.0
2.0
2.0
2.0
2.0
Lane Grp Cap (vph)
144
840
426
1412
280
488
772
200
718
v/s Ratio Prot
0.06
0.22
c0.24
c0.42
c0.12
0.25
0.10
0.06
0.19
v/s Ratio Perm
c0.26
0.10
0.16
v/c Ratio
0.78
0.88
0.98
1.03
0.99
0.94
0.40
0.76
0.89
Uniform Delay, dl
53.9
43.3
45.2
35.5
33.6
43.4
18.5
34.5
45.7
Progression Factor
1.00
1.00
0.81
0.57
0.94
0.97
0.83
1.26
0.84
Incremental Delay, d2
21.0
13.0
28.1
27.2
50.5
25.6
0.1
13.6
12.2
Delay (s)
74.9
56.2
64.9
47.4
82.1
67.6
15.5
57.1
50.6
Level of Service
E
E
E
D
F
E
B
E
D
Approach Delay (s)
58.7
51.3
55.2
51.8
Approach LOS
E
D
E
D
Intersection Summa
HCM Average Control Delay
53.6 HCM Level of Service D
HCM Volume to Capacity ratio
0.97
Actuated Cycle Length (s)
120.0 Sum of lost time (s) 10.0
Intersection Capacity Utilization
99.1% ICU Level of Service F
Analysis Period (min)
15
Description:
c Critical Lane Group
FW Village Ext. 2012 Horizon
PW - SL Page 1
Draft FW Village Impact Fee
Federal Way Impact Fee Components and Schedule
Land Use
ITE Land Use
Code
Unit of
Measure
Basic
Trip Rate
New TripNew TripAvg.Trip
% Rate
Length
(miles)
Trip Length
Adjustment
Impact Fee
Rate
Impact Fee
Rate
Cast -ParTno End
3.1
SZ729
$2-729
Resldenrial
Single Famil(Detached)
210
dwellinq
1.01 100%
1-01
3-5 1.129
$3111-94
$3.112
Multi -Family
220.22 1 .210,
33
dwelling;:0.62
100%
0.62
3.7 119
$2,019.46
$2,019
SeniorHousin
251
dwellin31
100%
0.31
2-B 090
764-12
$764Moblle
Hama in IAH Park
240
dwa1E
59 100%
0-59
2.8 0.90
51,454.29
51 454
Commercfaf - Servfcns
Drive-in Bank
912 1
sNGFA
25.82
G04i
15.49
1-
OAS
S20A8
S20.46
Hotel
310
room
059
100%
0-59
4.0
1-29
$2.077.56
$2-078
Matel
320
room
0-47
100°%
0-47
4-0
1-29
S1.855,01
$1,655
Day Care Center
565
WGFA
12-46
75%
9-35
20
0.65
518A5
$16-a_
Libra
590
sf/GFA
7,30
75%
5,48
1-7
0.55
8-19
$8.19
Post Office
732
sf/GFA
11.12
75%
8-34
1.7
0-55
S12.48
$12.48
Service Station
944
VFP
13-87
40%
5.55
13
0.55
$8-302-85
$8.303
Service Station with Minimart
945
sf/GFA
97.08
30%
29-12
1-7
0.55
4359
$43.59
.Auto Care Center
942
sf/GLA
3-38
70Y.1
2 371
2.2
0 711
$a-5B
4.58
Movie Theater
44a, 445
seat
0 07
85°Jo
0-06
2.3
0-74
s120.47
f20
HealU1 GEUb
492.493
s}tGFA
3.53
75°k
2.65
3-1
1.00
57.23
$723
Commercial- lna&ufkwW
Elemenla Schaal 520 I sUGFA 1 12150%1
0.97
1-7 0.55 51.45 SIA5
Middle/Jr High School
522
sf/GFA
1.19
80%
0-95
2.7
0-87
52.26
$2.26
High School
530
sf/GFA
0-97
80%
0.78
3-7
1-19
$2-53
$2.53
Assisted Living,NursingHome
25a 620
bed
0-22
1D0%
022
2.8
0-90
s542.28
$542
Church
560
sf/GFA
0-5
10096
0.55
3-7
1-19
S'1.79
1-79
Hus ilal
610
siH3FA
5-14
80%
091
4.0
1.29
S321
S3-21
Commercial - Resrauranr
Restaurant 931 1 *VGFA
1 7-49 6096 4,49 3.4 1.10 513.45 S13.45
Hi h Turnover Restaurant
032
V10FA
11 15
60 %
6.69 2.3
0-741 $13.55
$13-55
Fast Food Restaurant
1 934
1 sf/GFA
1 33.84
50%
16.92 2-01
0,651 _$29-791
529.79
Espresso with Drive-Throuh
I 938
I sf/GFA
1 75.00
20%
t5.00 2-01
0,651 526A5
$26.41
Commercial- Rntail Shapping
Shoppino Center
820
efri3LA
1 3.87
70%
2-71
21
0.68
55.01
-01
S ermarket
850
sf/GFA
10-50
75 %
7.86
1
0.68
514-58
$14,56
Convenience Market
851
sf/GFA
52-41
45%
23-SB
1-3
0.42
S26-99
$26,99
Free Standino Discount Store
813. 815 857-
sUGFA
4.67
70%
3.27
21
0,68
$6-04
$6,04
Hardware/Paint Store
816
a11GF+A
4-84
40%
1.94
1.7
055
S2.90
$2.90
Specialty Retail Center
614
s0GFA
2.71
50%
1.36
1.7
0.55
$2-03
$2.03
(Furniture Store
890
sf/GFA
DAS
60°%
027
1-7
0-55
$n 4n
$0.40
Horne JmProvement Superstore
862
sf/GFA
237
70%
1-66
21
0-68
$3.07
$3-07
Pharmacy with Drive -Throe h
881
sNGFA
10.35
50%
518
1.7
0.55
S7.74
$7-74
Car Sale$ -Nevi Used
841
sfIGFA
2.59
60%
2-07
4 0
1.29
7-30
S7-30
Commercial- ice
eneral 1 710.715 750 SF1GFA 1A9 9D% 1-34 4.0 1.29 54.72 S4.72
MedlcalORire
720
MUG-PX
3.4ff 75%
2.60
4.0
1.29
S9.14
.14
mdusrrial
Light Indust /Manufactudn
11014
sf/GFA
0-97
1QW/
1 0-97
4-0
12
$3-42
$3.42
Heavy lndustg
120
sf/GFA
068
30045
.68
2.86
4.0
1-29
52.39
2.39
Industrial Park
130
sriGFA
0-86
t00%
4-0
1.29
.03
3-03
Mini-Warehouse/Stora a
151
sf/GFA
0.26
IW%
0.26
4.0
129
-92
s0-
Warehausin
150
sf/GFA
0.32
1p0;S
0.32
4-0
129
$1.13
$1.13
$222,090 $222,090
$236,720
$1,282.310
$363,066
$280.840
$ 1,102,716 $1,504,400
City Center
City Center
City Center
Reduction
Impact Fee
Impact Fee
City Center Impact Fee Rates Factor
Rate
Rate
Resider+tia!
Multi-Family(CC) 220,221,230,
233
dwelling
062
100% 0.62
37
1.19
$2,019-46 $2,019
72%
$1,45368 $1.454
Senlar Housind fCC1 251
dwaillogj
lon.1 0.31
261
0.90
$7M-121 5764
72%1
S550-M 5550
Commercial. Services
Drive-in Bank CC
912
sf1GFA
25.82
60 %
15.49
1.5
0-48
520.46
520.46
7095
514.32
$14.32
Day Care Center (CC)
565
sfIGFA112.46
75%
9.35
2-0
0,65
$16.45
$16.45
70%
$11.52
$11-52
(Libra CG
590
sf/GFA30
75%
548
1-7
0.55
$819
$8,19
70%
S5.73
$573
PostOffce CC
732
sf/GFA12
7500
l-34
1,7
O55
$12.48
$12-48
70%
58.74
$8-74
Movie Theater CC
444.445seat07
85°k
0.06
2-3
074
120.47
$120
70%
584-00
$84.00
Ha Ih Club
492493
sfiGFA53
75%
2.65
1 11
1.no
57.23
$7-91
70'k
55.06
55.08
Commercial - Restaurant
Restaurant CC 931
sfiGFA
7A9 60%
4-49
3.4 .t0
S13. 55
513.45
70%
S9.42 59-42
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6.69
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$1355
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16.92
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7.88
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50%
5.18
1.7
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$YGFA
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4.0 129
54.72
54.72
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2.60
4.0 129
$9.14
$9-1A
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Nolen
GFA - Gross Floor Area
GLA - Grow Leasable A-
CC - Cily Censer
For uses wish Unil of Measure m sF, Uip mle o given as )rips per 1,000 sF
VFP- Vehicle Fueling PosiOo (Maximum nu mberof v,hides that can ba fueled simu hnne 0y)
CITY
Federalo.
Way
DATE: January 25, 2010
TO: Deb Barker, Senior Planner
MEMORANDUM
Public Works Department
FROM: Sarady Long 56 __
SUBJECT: FEDERAL WAY VILLAGE EXTENSION REQUEST - (09-104582-00-AD)
33701 PACIFIC HWY S
The Public Works Traffic Division has reviewed the applicant's request for a two-year extension of a
Process III decision and provides the following comments.
The MDNS for the project was issued in 2008 with one of the conditions requiring the applicant to pay
pro-rata contribution of $1,048,700 towards 19 Transportation Improvement Plan (TIP) projects. In
2009, the City adopted a Traffic Impact Fee Program (TIF) (Ordinance 09-627) with an effective
implementation date of July 1, 2010. With the two years extension, most of the projects identified for
pro-rata share contribution would have been completed. As such, the Public Works Traffic Division
hereby supports the two years extension subjected to the following conditions:
In lieu of paying the SEPA pro-rata traffic mitigation of $1,048,700 for Phase I and Phase II
improvements, prior to the issuance of a building permit the applicant shall pay a Traffic Impact
Fee (TIF) as adopted by the City and applicable at the time.
2. In an event that the two year extension has lapped without all of the Process III related building
permit issued, the applicant may be required to submit additional traffic related analysis
(Concurrency and Safety analysis) as determined by the Public Works Director.
L: \CSDC\DOCS\SAVE\4615472094. DOC