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98-100304June 28, 1999 City of Federal Way 33530 1st Way South Federal Way, WA 98003 Attn: Jim Harris Senior Planner Re: Foundation House at Federal Way Dear Mr. Harris CAREAGE, INC 4411 Pt. Fosdick Drive, Suite 203 P.O. Box 1969 Gig Harbor, WA 98335 FAX (253) 853-5280 Phone (253) 853-4457 As discussed during our visit to the Federal Way site, enclosed are two portions of site maps that are taken from the Civil Drawings already on file with the City of Federal Way. I have shaded the type and size of fence that is to be built around our site. We are anxious to receive your approval for our fence plan as outlined. As always, your help is appreciated. Sincerely, CEar filer President cc: File 6990-E EIVED '"RRi INITV D E ELOPMEENBT DFPARTMRNT JUN 2 9 1999 do-LN SOUTH 320TH STREET CONSTRUCTION NOTES OINSTALL CEMENT CONCRETE PEDESTRIAN CROSSWALK,: 6' WIDTH, PER C8 INSTALL HANDICAP RAMP PER 1 cs Oc INSTALL CEMENT CONCRETE SIDEWALK, WIDTH AS SHOWN, PER c8 I r 10' EASEMENT GROUP HEALTH o N LLJZ I 0 50 100 Q SCALE IN FEET F- c r r i EXISTING o SIDEWALK, co TYP. 60' EASEMENT T C7 N88'53'06"Wf`608.34' 16' f —60' EASEMENT — 5' 556.90' az Lo a Z FOUNDATION HOUSE x -- lllm PROJECT ACCESS ROUTES AND EASEMENTS DETAIL _ U POINT 'A' 5' ALL EASEMENT SHOWN ARE OF RECORD — K.C. RECORDING NO. 9812221817 O 60' ff 115' I I EXISTING SIDEWALK, TYP. �- z w I M W f Q 0 cn I I o�i 00 in IW Iof Lo jfN O ! N i o' +I I I g1 o6f f co 1 I I f 115, 192.00' —202.00' .� � f �213.45'�� L 7 L V w N rr to O O z E F I C C NW 1/4 OF SECTION 17, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M. 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W� BRA tt �Fl%, 'JGS.F R� SS�jbAir/, , � //� J R•..a S..FIRe y r r r AF1$ - , l,D i i � v r •. 1 S 1 r, 11i►1 �1Rt X.., - F. 14"FIRS _r• '� l- •I 1 I�lp 3�4►KA I ' ti + I '16'F,R� f ` Ili ^lr'FIR Y + w 1 J I / y I y ' ]@ r �w Ili 14�A r4 '1g ■.. i pL4 �16'1`I 1 y 1 r r I Va ,t 4� / 4 •• r �2D"F t ;�[-l4 {,+'. � `�. ]T'Iltl�r�lY.G �I��,G. y 1 r r r i t I l l y s18"gqF��7i*~y,�`�16�4f1� r r ��i rr 2 ;1� F; ■+W J' 12 •. �� fi"AF = �lp rr /�� V , !14 Fi + i 1 1 Ilil L` r l! ' i INr--V 12GiVIF' I 11i6.4N,Ly2 1 rr .. FROM :DOWL ENGINEERS 20E 859 2579 1999,05-03 Post -It` Fax Note 7671 1S:S9 #984 P-01/05 once j 9 P8094s110y1!L cps. Phone + MEMORANDUM DATE: May 3, 1999 WO#: S 11949 TO: Jim Harris, Trent Ward, Fei Tang, Jeff Pratt, Lisa Read City of Federal Way. FROM: Bob Schildgen, DOWL Engineers SUBJECT: Modifications to Detention Pond Foundation House at Federal Way BLD 98.0610, BLD 98-0749 Phone # ¢� 69-Z�?o 3t 9.7�,71 The evaluation of the PAN-6 storm drain interceptor is complete. The inure condition is fairly conservative in that it assurnes a considerable amount of new impervious surface in the 122 acres upstream of the pond located on the Foundation House property (the old Group Health pond)_ Whether or not this much new upstream development will actually occur is a good question, but if it does, the water surface elevation for the pond will stage about 10-inches higher. In order to maintain the required 1-foot of freeboard for the 100-year storm, we will need to raise the spillway elevation about 6 to 9-inches. In response to this issue, Careage is agreeable to raising the spillway and berm elevation of the pond. This memo defines various aspects of the work. Why The existing berand outlet pipe function perfectly well for the current condition. Foundation m House does not change anything because storinwater from the project is released into the PAN-6 pipe below the pond. The pond provides a significant amount of peak rate control for downstream property to the south. The pond storage volume is quite sufficient for future conditions and the release rates from the pond won't vary much from the current condition- The pond will continue to work well, but we will no longer have the 1-foot of freeboard ,required by the KCSWDM- Proposed Improvement to Berm The existing spillway elevation ranges from 364.8 to 365.2. The 100-year future condition water surface elevation is 364.55. We propose to raise the spillway elevation to 365-55, and the top of beixn to 366-35. In general, the spillway elevation is raised 6 to 9-inches. To be able to safely pass the 100-year peak flow over the spillway at a depth of 0-5-feet, the spillway needs to be 61-feet in length. We propose a spillway 65-feet in length that will sheet the usual KCSWDM criteria for sideslopes and armoring. Width of the spillway will be about 14 to 15-feet. Attached is a sketch of the plan with the proposed spillway and grading- The spillway will point to the Quiet Forest driveway under which PAN-6 will run. Any overflow that occurs will be directed down the pavement_ 05/03/99 MON 17:10 [TX/RX NO 94931 FROM :DOWL ENGINEERS 206 S69 2679 1999,0S-03 SS:S9 #984 P.02/OS MEMORANDUM May 3, 1999 Page 2 Impact to Wetland and ]Buffer llway will be raised and widened on the downstream side. No fill will be placed in the The spi wetland and there is no need to intrude into the wetland to perform the work. The pool elevation provemerlt is directed only at the 1 DO - and inundated area of the wetland will not change. This im year storm under future conditions. The pool elevation and inundated area will change only as upstream land becomes more impervious due to new development or re -development, and only During a major storm, the duration of flooding is about 30 hours for when a major storm occurs. D condition. Please note that this work will necessitate the removal of a bath the current and future condition. 16-inch hemlock in the buffer, plus 2 cottonwoods and an alder sitting on the existing berm. Berm Cross Section Attached is a sketch oftwo cross sections through the berm. These sections are marked on the plat - Section A -A is through the greatest amount of £sll, section B-B is through the least amount of fill. Both section show the catch basin at the head. of 11AN-6_ The catch basin and pipe wilt not change_ The DOWL plan of 3/5/99 is labeled as `previously proposed fill'_ Benefit The benefit to both the City and Careage is prudence during a major storm. If there is significant upstream development, the pond will continue to perform within acceptable criteria as defined by the KCSWDM during a major storm_ I am faxing to you this memo and 3 sketches. i will deliver to Tim. Harris on Tuesday, May 4, a solar redline of the wetland showing the limits of inundation for the various storms, and a color redline of the revisions to the grading and drainage plan.. We need to determine if this re�nsion is worthwhile and acceptable quickly. DOWL can revise the construction drawing in about a day. ilding permit issued, after -all, there is no paint in We need to get the drawings approved and the bu wasting good weather_ 05/03/99 MON 17:10 [TX/RX NO 94931 FROM :DOWL ENGINEERS 206 S69 2679 1999.05-03 16:01 #984 P.05/05 3� 36 4- 362 3&o 3� 1 1 � 1 � 1 "sry �-� A, �4of4C 7'/0N & = fo PAtJ - 4o 05/03/99 MON 17:10 [T%/RX NO 94931 FROM + DOWL ENGINEERS 20s 869 2979 1959. os-03 d ! p .� _ N _�-'y t`r- ` •yy,!!'h !`5 ih5 'th `LL ',, f. r, �— jI h 1 1 t -•�rf t � h ; •; ! ti � �� •L 1 1 1�>> 1 i i lh "•�_- _-t y: !4 Zt tom" Rix _. ~ • �' e�7i FI i hl I ! ca rr r I L h r •_ `�-� f!" �J j i i fps ��- ��[[[ i Ir rx r � �+ N I x r'7 i i r i+ tiL ,F Q r Cy P to ! f r 7 d�iT.l► . r r J x r` r i 9p. �1 �r r7 r � r _ h err rV' '■ I % I r r ! L , t �, �. •' rills .■ �'�, ,-' Ir �x `\'h 1 7 ► �` 1 'lll; t f r I + I I I 9 I f ;l! 16:00 #984 P.03/OS O � = L L- cn,-Q� Q R 11J 2 O Z\ < O O o L LJ ~ a Q LLJ p O Q LL- w 'O {n C1') O Q �x 1 � � ► j 1 1L `Q 05/03/99 MON 17-10 [TX/RX NO 94931 FROM :DOWL ENGINEERS 364- 3 4�1 7- -?(Po 354 206 SS9 2679 1999.06-03 16:01 #984 P.04/OS t4 5P� ILY�SL � 1 i PQo� L!r S��r�oeU 4 -.J 20 J �r 2, 1/ 1LJ 05/03/99 MON 17-10 [TX/RX NO 94931 RECEIVED BY COMMUNITY DE4Ef C°VEti F_DEPARTMENT MAY 12 1999 CAREAGE, INC 4411 Pt. Fosdick Drive, Suite 203 P.O. Box 1969 May 12, 1999 Gig Harbor, WA 98335 FAX (253) 853-5280 Phone (253) 853-4457 Stephen Clifton, AICP Director of Community Development Services City of Federal Way 33530 First Way South Federal Way, Washington 98003-6210 Re: Foundation House at Federal Way 32290 First Avenue South, Federal Way, Washington File No. UP398-0003 Dear Mr. Clifton, We are AEW/Careage-Federal Way, LLC, the owner of the above referenced property, and have been working with you to secure building permits for the development of an approximately 201,000 square foot assisted living facility on the property. In the Findings and Conclusions for Project Approval, attached as Exhibit A to your February 23, 1999 letter granting conditional approval to the project, it was noted in paragraph 11 that the applicant would be required to comply with FWCC Section 22-967, Affordable Housing, as determined by you. While we understand that the process surrounding that determination is still on -going, you have agreed to allow us to proceed with construction of the facility provided that we acknowledge that the facility's right to a certificate of occupancy will be conditioned upon final resolution of the issues surrounding your determination. By this letter we acknowledge and agree that a certificate of occupancy for the facility will not be issued by the City of Federal Way unless and until the applicability of FWCC Section 22-967 to the project is resolved between the City of Federal Way and the owner. We appreciate your willingness to allow construction of the project tD proceed while we work through the outstanding issues. vrnrrs truly cc: Scott MacCormack Reuben Berman, AEW yam_ 1�206?869 2679S #SSG P.01/01 FROM :DOWL ENGINEERS 206 ass 267E MEMORANDUM DATE: May 4, 1999 WO#: S11949 TO: Tim Harris, Lisa Read. City of Federal Way FROIvr.: Bob Schildgen, DOWL Engineer gDg,11ECT: �0dirIcations to Detention Pond Foundation House at Federal Way BLD 9"10, BLD 9"749 Some further thou hts vn the wedandlpond located on the Foundation House project. The topographic survey drawing with the limits of inundation drawn for the 25-year current and lfi=re cdition, and the 100-year future condition, was drawn without the proposed new spillway in v, Place. I used the topo survey drawing because it shows the entire property and gives one a grasp of know the pool will vary with different storms. Keep in mind that building up the spillway will not increase the size of the pool, or in anyway affect how- the wetland functions. This whole exercisc �s m an attempt to model how the pond will work for a bik; storunder future conditions_ These future o-onditioms assume that there is a significant impervious surface increase upstream of Foundation. House. Then: is no meed to increase the pond storage: volume or change the outlet (pipe. The pond -%ill work ;lie same under these future conditions as it does now. When we raise the spillway by 6 to 9-inches, we simply buy some insurance to prevent the pond from overflowing during. the 'big one. You mentioned the passibility of monitoring the limits of inundation to make sure that the wetland wasn't impacted by this action. We could do that if you want to, but I'm not sure wha,. the point would be. Foundation Rouse, FAN-5 and raising the spillway will not put any more or any less water t L ou gh the wetland. If the pool boundaries change, it will be bccauw of new irnpurV10JS gi3 -aee upstream. Give me a call if we need to discuss this further. R5CI=IVED BY �#F ANA,II IAIITV 1r� �.-i n-�� orr,IT nFOt1 C?Y'AAKt\IT MAY 5 1999 ICAREAGE, INC September 22, 1999 Jim Harris- Senior Planner City of Federal Way 33530 — 1 St Way S. Federal Way, WA 98003-6210 Re: Foundation House at Federal Way Dear Mr. Harris: 4411 Pt. Fosdick Drive, Suite 203 P.O. Box 1969 Gig Harbor, WA 98335 FAX (253) 853-5280 Phone (253) 853-4457 Enclosed piease find a recent letter received from the Seattle Education Foundation, who are the sponsors for the retired educators in the Federal Way area and who will market and operate the facility. The letter clearly expresses their feelings in support of the parapet design rather than a mansard design. After completing and submitting the building design, the educators, together with the owner, expressed a strong desire to change the "top" facade portion of the building from a mansard look to a parapet look. They did not like the appearance of a mansard. They wanted something that did not look dated. Their expressed desires , both owner and operator, were to have something that would be fresh looking, more eye -appealing and a look that was more formal and elegant. Because of this, the parapet design now before you was selected. This design change was verbally mentioned to staff when we became aware of the new desires. We at Careage believe that the building maintains the distinct top design component. In fact, given what the human eye will see from various points of observation, both on and off the site, the parapet design gives a broader band to the "top" than the mansard. Therefore, if the concern is to have a distinct "top" to the exterior design, the parapet exceeds the mansard in appearance. If one only looks at an elevation on a flat piece of paper, and does not visualize the offsets and modulation of a structure from various points of human view, the true appearance of the architecture can not be appreciated. We feel that the exterior design change to the "top" facade is minor and ask for your approval as soon as possible. Sincerely, Earl Miller President COMMUNr Y EvaoPMENNTOEYPAFITMW SE Z�z 1999 CC: File 6990-E Seattle Education Foundation P. O. Box 15441 Seattle, WA 98115-0441 September 21, 1999 Mr. Earl Miller Careage Inc. P.O. Box 1969 Gig Harbor, WA 98335 Dear Earl, Having spoken to you recently regarding the roof design of the Foundation House at Federal Way, I wish to reiterate my preference as to the parapet design over the mansard design. I spoke to several Board members from the Seattle Education Foundation and they too, would prefer the parapet design over the mansard. One member indicated the parapet design gave the roof line an "up -dated" look while another felt it looked "fresher". In general, my opinion would describe it as having a greater "eye appeal" for the type of structure it was designed for and would be more attractive to the residents that would inhabit the premises. In summary, it would be more preferential to have the parapet design rather than the mansard design on the Foundation House at Federal Way retirement community structure. If you have any comments or questions regarding this matter please feel free to contact me. Sincerely, John Moffitt Marketing Director Foundation House at Federal Way RECEIVED BY VOMMUNITY DEVELONENT DEPARTMEW �LSS�-7gC7 2 11999 ARCHITECTS P.S. 21 September 1999 City of Federal Way Department of Community Development Services Attention: Mr. Jim Harris, Senior Planner Re: Foundation House at Federal Way, Proposed Boarding Home 32000 "Is' Ave. S. Federal Way, WA Dear Mr. Harris, This letter clarifies the detail revision of the top level facade on the three-story building of this project. After submission of the construction documents to the city, the owner and the operator of the facility, an association of retired Federal Way teachers, requested a change in the facade design to establish a "fresher" appearance, which would be more sophisticated, up-to-date and attractive than the low but steeply -pitched mansard form initially illustrated. The proposed solution meets those goals by replacing the mansard with a large and ornate cornice shape. This new design continues to comply with overall building height restrictions as well as design requirements which mandate details which clearly define "bottom", "middle" and "top" portions of the building, and continues to completely screen rooftop mechanical equipment from view. The complex shapes of the cornices, made possible by technical advances allowing economical production of such detailed profiles, establish a more refined and elegant appearance than that of the relatively simple and dated mansard. The plan geometry remains the same, so liberal use of offsets and projections of the balconies and exterior walls of the building, reinforced by variation in the color and texture of the siding materials, continue to "break up" the apparent mass of the building. The proposed revision improves the appearance of the building by lowering the cornice over the balconies, providing even more variety in the shape of the roofline (as it would be seen in perspective.) This change is further enhanced by detailing of the cornice profiles at the lower roofs (over balconies, two- story portions of the building, and porches) with slightly different shapes than that of the main three-story parts of the building. Concern for the appearance of the building to the users, the public and to adjacent residential areas was a primary influence on the development of the design of the site plan and the detailing of the building elevations, and consideration of the impact of the building must be understood in the context of this site and its plan. A row of traditionally -scaled, single -story `cottages" with pitched roofs is located along the southern portion of the site, which, along with thick vegetation in the wetlands which occupy the eastern half of the site, effectively screen the adjacent residential development. It should also be noted that site topography and the adjacent institutional buildings prevent public view of the building from all public streets. A story pole has been set up on the P.O. Box 4087 Bellevue, WA 98009 Marlin A. Huisinga 425 455-4997 President project site which indicates the height of the building to the top of the cornice, and the pole cannot be seen from 1st Avenue. As illustrated on the attached drawing (Exhibit A), the necessarily close position of any viewer results in greater visual impact for the cornice geometry than the mansard, with greater emphasis of the "top"P'middle"P'bottom" detailing of the building. If you have any questions, please contact me at 425-455-4997. Sincerely, HDI Arch' s, P.S. rlin A. uisiga. AIA resident cc: Earl Miller, Careage Granville Brinkman, Careage MANSARD CORNICE ?► 20' 20' 0 55' 55' 80' 80' EXHIBIT A CITY OF ,W%f=rq5� 33530 1 ST WAY SOUTH May 3, 2000 Mr. Earl Miller Careage Development Inc. PO Box 1969 Gig Harbor, WA 98335 Dear Mr. Miller: Re: 98-103433-000-00-MF - FOUNDATIONHOUSE 322921" Avenue South, Federal Way (253) 661-4000 FEDERAL WAY, WA 98003-6210 This letter is a courtesy reminder that before occupancy of the Foundation House project, an agreement implementing the affordable housing provisions of the Federal Way City Code must be recorded. To date, the city has not received a draft of your proposed affordable housing agreement. As we have previously discussed, city review and approval of your affordable housing provision agreement is required prior to recording the document. Please allow at least two weeks for city review, and you should anticipate revisions and additional city review(s) following the city's initial review. I understand you anticipate final occupancy in six to eight weeks., and we are concerned that a draft of the affordable housing provisions has not been submitted to the city. We look forward to seeing a draft of the agreement in the near future. Please contact me at (253) 661-4019 if you have any questions. Sincerely, VIA,— Cli Harris Senior Planner c: Stephen Clifton, AICP, Director of Community Development Services Mary Kate Gaviglio, Building Official Rory Higham, Careage Project Coordinator LACSDC\W CS\SAV E\35138892.DOC CITY OFf (253) 661-4000 A33530 1 ST WAY SOUTH FEDERAL WAY, WA 98003-6210 October 8, 1999 Mr. Mike Campo lw Careage Development Company Inc. 4411 Pt. Fosdick Drive, Suite 203 Gig Harbor, WA 98335 Re: MARKETING OFFICE FOR FOUNDATION HOUSE — File No. BLD99-0562 Dear Mr. Campeau: Pursuant to your September 27, 1999, written request, you are hereby authorized to temporarily locate a marketing office trailer within the required front yard setback area at the Foundation House project in Federal Way as shown on the site plan for BLD99-0562. This approval is based upon the factors identified in your September 27, 1999, letter and is permitted by Federal Way. City Code (FWCC) Section 22-963. A building permit must be issued prior to placing the trailer at the subject property, and the trailer must be removed within six months after completion of construction of the project. If you need any additional information please contact Jim Harris, Senior Planner, at (253) 661-4019. Sincerel , Stephen Cliftba, AICP Director of Community Development Services c: Jim Harris, Senior Planner L:\PRMSYS\DOCUMEN11UP398_00.03Wrailer. doc CITY OF 33530 1 ST WAY SOUTH October 14, 1999 Mr. Earl Miller Careage Inc. PO Box 1969 Gig Harbor, WA 98335 (253) 661-4000 FEDERAL WAY, WA 98003-6210 VIA FAX (253) 853-5280 Re: REQUEST FOR MODIFICATION OF ARCHITECTURAL DESIGN — Foundation House 32290 -1s` Avenue South, Federal Way, WA — File No. UP398-0003 Dear Mr. Miller: Pursuant to your September 21, 1999, written request to modify the approved architectural design for the above referenced project, the Planning Division has reviewed the proposed revised elevation submitted during our site visit on October 1, 1999. In summary, you are requesting approval Proposed mansard roof, add an architectural cornice atop the building, and add gable elements at several locations along the top of the building elevations. Consistent with the City of Federal Way Community Development Review Committee (CDRC) Administrative Guidelines, the current proposed architectural revision to the approved February 23, 1999, site plan and design review, is hereby determined to be minor. This approval is subject to the condition that the revised elevations include gable features at all feasible locations (atop proposed brown shake elevation planes) as preliminarily identified on Exhibit A. This decision is based on the decisional criteria contained in the CDRC Administrative Guidelines, as the design modification is not a substantial change to the approved architectural design. g Consequently, further review approval of the revised elevations is required by the Planning and Building Divisiby the CDRC as a whole is not required. However, final review and ons. A building permit revision must be submitted to the city for final review and approval. Please do not hesitate to contact Jim Harris, Senior Planner, at (253) 661-4109 if you have any questions. Sincerely, Stephen Tifton, CP Director of Community Development Services enc: Exhibit A, Preliminary Partial Elevation, received October 1, 1999 c: Jim Harris, Senior Planner LAPPMSYSMOCUMENTUP39800 031cd 101399 d- LITY OF FEDERAL MAY ID:253-661-4045 TiRAN SH I T CONF I RM RT I ON REPORT OCT 15'99 5:49 NO. 001 RECEIVER 25.38533529 TRANSMITTER CITY OF FEDERAL WAY DATE OCT 15'99 8:49 DURATION 00'45 MODE STD PAGES 01 RESULT OK 0 NORTH ELEVATION A rn1F r�10.4- EAStELEVATION B Q -Al F V. fw- RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT EXHIBIT, PAGE a _•OF JCITiYOFfqr5000r, 33530 1 ST WAY SOUTH August 20, 1999 Mr. Earl Miller Careage Inc. PO Box 1969 Gig Harbor, WA 98335 Aw LV (253) 661-4000 FEDERAL WAY, WA 98003-6210 Re: FOUNDATION HOUSE, FENCE IN WETLANDS PROCESS — File No. UP398-0003 32000 - Is'Way South, Federal Way Dear Mr. Miller: This letter responds to your June 28, 1999, letter regarding the process for constructing a fence in wetlands and wetland setback areas at the Foundation House site. In summary, as I have previously informed you, there is no administrative review process to locate the fence as requested and the proposal requires a Process IV, Hearing Examiner review. The following identifies the process and procedure applicable to your request. Pursuant to Federal Way City Code (FWCC) Section 22-1357, a 100 foot wetland setback area applies to all regulated wetlands. Your sketch identifies that most of the proposed fence would be located within the 100 foot wetland setback area. I am unable to determine if the fence is proposed directly within the wetland. Process IV, Hearing Examiner review requires a public hearing following public notification of the application and hearing. The fee for the Process IV application is $2,441.00. Under Process IV review, city staff will make a written recommendation to the Hearing Examiner, based on the applicable decisional criteria. The Hearing Examiner makes a written decision on the application following the public hearing, and the examiner's decision is final unless appealed to the City Council. A wetland report idenitifying and addressing the wetland setback area and wetland intrusions (if applicable) must be prepared by a qualified biologist. The report must address the criteria in FWCC Sections 22-1359(d)(1-6) and 22-1358(d)(1-9) (if applicable). The applicant is responsible to demonstrate how the project meets all applicable decisional criteria. Even if the project does not directly impact wetlands and is only within wetland setback areas, the wetland report must include a mitigation plan which addresses applicable components of FWCC Section 22-1358(e)(1). Mitigation of project impacts is required under FWCC Section 22-1270. Mr. Earl Miller August 20, 1999 Page 3 • Approved site plan elements. • Access locations for fence construction. • Clearing limits, TESC details, etc. ■ Fence details. • Three (3) copies of wetland report/mitigation plan to include at a minimum: • Project description. • Buffer mitigation plan for areas disturbed by construction (use FWCC Section 22- 1358(e)(1) as guideline for mitigation plan. • Written response to decisional criteria of FWCC Section 22-1359(d)(1-6). • Written response to decisional criteria of FWCC Section 22-1358(d)(1-9), if direct wetland impacts are proposed. • Written analysis of buffer impacts. This city review is based on a preliminary review only and should not be construed to represent final comments on the project. The formal application will be subject to a full review pursuant to all applicable codes and regulations in effect at the time of submittal. Please contact me at (253) 661-4019 if you have any questions. I would be glad to meet with your wetland consultant and/or yourself to discuss this project and the applicable code requirements. Sincer 3iHarris Senior Planner enc: Master Land Use.Application Process IV Information Bulletin FWCC Article XIV, Environmentally Sensitive Areas L:\PRMSYS\DOCUMEN71UP398 00.03\wetfence.doc July 24, 2000 Mr. Jim Harris Senior Planner City of Federal Way 33530 1st Way South Federal Way, WA 98003-6210 Re: Foundation House Affordable Housing Covenant Dear Mr. Harris CAREAGE, INC 4411 Pt. Fosdick Drive, Suite 203 P.O. Box 1969 Gig Harbor, WA 98335 FAX (253) 853-5280 Phone (253) 853-4457 CAMMIINITY DEVELOPMENT ELOPMDENgT DEPARTMENT JUL 2 8 2000 We are in receipt of your letter to Mr. Earl Miller of our office regarding the Affordable Housing Covenant for Foundation House of Federal Way. Upon review of this letter we have a number of concerns regarding the changes that you have requested to this covenant as follows: There are 211 total units at Foundation House — 135 Independent Living Units and 76 Assisted Living Units. We understand the requirement is to offer 5% of the Independent Living units as affordable units. 5% of 135 units equals 6.75 units (rounded to 7). It is highly likely that in the future, as our resident population ages in place, we will convert certain independent living units to assisted living units by the simple expedient of removing the stove from the unit. In this event, the number of affordable housing units may be reduced and therefore we do not wish to agree to a set number of units as affordable vs. a percentage of independent units. We will certainly agree to maintain at all times 5% of the independent living units as affordable 'units. 2. Section 22-967 of the Federal Way City Code states that (b) Affordable housing defined. "Affordable housing" means dwelling units that are offered for sale or rent at a rate that is affordable to those individuals and families having incomes that are 80 percent or below the median income as established in the countywide planning policies. It is our understanding that Federal Way recognizes $35,000 as 80% of median income and that an affordable rate means rent should not exceed 30% of that amount. 30% of $35,000 equals $10,500 annually or $875 per month. Further, this amount is for occupancy only and is exclusive of charges for utilities, food services, housekeeping services, security services, activities, entertainment, transportation services, medical security and services, physical assistance services, personal hygiene services, library facilities and services, health care, laundry services, parking, storage, I and any other non -shelter related costs that an operator of senior housing and healthcare facilities is required or elects to provide to residents. As you know, as a senior healthcare facility, we will have certain admission criteria including age and health restrictions and we do intend to charge all occupants, including those in the affordable housing units, for the services discussed above plus additional amounts for medical services, physical assistance services, personal hygiene services, and other assistance for activities of daily living as required for each resident. Our plan to offer affordable units at a rental rate of $1,470 per month as follows: Monthly Rent For $ 875 - Occupancy. 595 - Utilities, food services, housekeeping services, security services, activities, entertainment, transportation services, medical security, library facilities & services, laundry services, parking, and storage. $1 470 Using the above information we believe that we meet the requirements for offering affordable units for rent in the City of Federal Way in accordance with Section 22- 967 of the Federal Way City Code. Because of this, we are very concerned with the language in your letter that states "Further, each affordable unit shall be occupied by persons or households with income levels at eighty percent (80%) or below the annual median income for King County." This language shifts the emphasis from a rent based test as required specifically by Section 22-967 of the Federal Way City Code to an occupancy test that is not. We therefore request that this language not be included in the Affordable Housing Covenant. 3. Renter Income Verification Form. It is unclear from your letter as to whether this information is required from all tenants or only from those renting the affordable units. It will also be very difficult to obtain this information on a go -forward basis. Tenants are under no obligation to supply us with this information and frankly we have concerns about violating the privacy rights of our tenants by turning over this information to the City. This requirement further exacerbates the shift in emphasis from a rent based test as required specifically by Section 22-967 of the Federal Way City Code to an occupancy test that is not. We believe that Foundation House should only be required to certify that it has offered each affordable unit for a rental amount that is affordable. I believe this covers our concerns. We are willing to meet with you and/or Messieurs Sterbank, Fewins, and Clifton at your convenience to discuss these issues in person. We suggest such a meeting, if necessary, be held as soon as possible so as not to delay the issuance of the Certificate of Occupancy for the Foundation House project. In the meantime please don't hesitate to call if you have any questions or concerns. My direct dial number is 253-853-2902. Sincerely, AEW/Careage — Federal Way, LLC Art Heiflau cc: S. MacCormack / G. Lynn / E. Miller 1 Brinkman CAREAGE HellerEhrman A T T O R N E Y S September 8, 2000 Via Messenger Mr. Jim Harris City of Federal Way 33530 - 1st Way South Federal Way, Washington 98003 Re: Affordable Housing Covenant Dear Mr. Harris: ---)REGEIN{'PD BY CoMh.,,,41TY 17E11► bPFA5I f DEPARTME�Fl Carmen G. Hayward chayward@hewm.com (206)389-6044 Main (206) 447-0900 Fax (206) 447-0849 18635-0207 Enclosed is the original Affordable Housing Covenant which is being forwarded to you in accordance with Mr. Brinkman's instructions. A copy of the covenant was faxed to you earlier today. Very truly yours, 9XWft#W �. ' Carmen G. Ha yw d Enclosure 151134 vO1.SE (38M601!.DOC) 9/8/00 2:54 PM (19635.0207) Heller Ehrman White & McAuliffe LLP 701 Fifth Avenue, Suite 6100 Seattle, WA 98104-7098 www.hewm.com Seattle Portland Anchorage San Francisco Silicon Valley Los Angeles San Diego New York Washington D.C. Hong Kong Singapore Affiliated Carnelutti Offices: Milan Rome Paris Padua Naples RECEIVE[) BY 4AMUNITY DEVR0[)�J! -rT DE-OARTMENr FILED FOR RECORD AT THE REQUEST OF AND WHEN RECORDED RETURN TO: HELLER EHRMAN WHITE & McAULIFFI 701 Fifth Avenue, Suite 6100 Seattle, WA 98104-7098 Attention: Scott W. MacCormack Grantor: Grantee: 20000908000782 PAGE 001 OF aes KING COUNTY, WA AFFORDABLE HOUSING COVENANT Legal Description (Abbreviated) AEW/CAREAGE-FEDERAL WAY, LLC, a Washington limited liability company THE CITY OF FEDERAL WAY, a municipal corporation A portion of the Northwest 1/4 of the Northwest 1/4 of Section 17, Township 21 North, Range 4 East, W.M. Additional Legal Description: See Page A-1 of the document. Assessor's Tax Parcel No.: 172104-9039-08 Reference No. of Documents Released or Assigned: N/A THIS AFFORDABLE HOUSING COVENANT (this "Covenant") is made as of September , 2000, by AEW/CAREAGE-FEDERAL WAY, LLC, a Washington limited liability company ("Owner"), for the benefit of THE CITY OF FEDERAL WAY, a municipal corporation (the "City"), with reference to the following facts: A. Owner is the owner of that certain parcel of real property commonly known as 32290 First Avenue South, Federal Way, Washington and legally described on the attached Exhibit A (the "Property"). B. The City has granted Owner approval to develop a senior housing and healthcare facility, including independent and assisted living units, commonly known as Foundation House at Federal Way, on the Property (the "Project"). C. Federal Way City Code (FWCC) Section 22-967 requires certain covenants on the Property with respect to affordable housing. NOW, THEREFORE, in consideration of the foregoing recitals and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner agrees as follows: 1. Definitions. For the purposes of this Covenant, the following terms shall have the following meanings: a. "Affordable Housing" means Dwelling Units that are offered at a Rent For Housing at a rate that is affordable to those individuals and families having incomes that are eighty percent (80%) of the annual median income for King County. A rate shall be deemed "affordable" to individuals and families having incomes that are eighty percent (80%) of the annual median income for King County, if the monthly Rent for Housing for such Dwelling cq Units is not more than thirty percent (30%) of the monthly income of such households. a b. "Assisted Living Unit" means any Dwelling Unit in the Project: (i) where any occupant of such Dwelling Unit needs medical security and services, physical assistance in the activities of daily living, nursing services or medication services of any level; (ii) which is C licensed and operated under Revised Code of Washington Chapter 18.20, Washington Administrative Code Chapter 388-78A or similar laws, statutes, rules or regulations; and (iii) where any of the occupants of such Dwelling Unit are receiving "domiciliary care" under C Washington Administrative Code Chapter 388-78A. O p c. "Dwelling Unit" means one or more rooms in a structure or structures, ® excluding mobile homes, providing complete, independent living facilities exclusively for one Get family, including permanent provisions for living, sleeping, cooking and sanitation. d. "Independent Living Unit" means any Dwelling Unit in the Project: (i) where all the occupants (a) are able to live independently without the need of medical security and services, nursing services or personal hygiene services, (b) are able to participate, physically and mentally, in activities of daily living without assistance, and (c) meet the criteria for admission into independent living units of the Project; (ii) which is licensed and operated as an "independent living unit" under Revised Code of Washington Chapter 18.20, Washington Administrative Code Chapter 388-78A or similar laws, statutes, rules or regulations; and (iii) where none of the occupants of such Dwelling Unit are receiving "domiciliary care" under Washington Administrative Code Chapter 388-78A. e. "Rent For Housing" means charges for occupancy of an Independent Living Unit exclusive of charges for utilities (including, but not limited to, electricity, water, telephone and cable television), food services, housekeeping services, security services, activities, entertainment, transportation services, medical security and services, physical assistance services, personal hygiene services, library facilities and services, health care, laundry services, parking, storage and any other non -shelter related costs that an operator of senior housing and healthcare facilities is required or elects to provide to residents or patients. 2 2. Affordable Housing Covenant. Owner agrees that at least five percent (5%) of the Independent Living Units in the Project will be Affordable Housing. A total of 211 units are in the Project. A total of 135 units in the Project, the Independent Living Units, meet the definition of Dwelling Unit. Therefore, a total of 7 Independent Living Units (i.e. 5% of 135 units equals 6.75 units, rounded to 7 units) must be established and maintained as Affordable Housing. In the event of any changes in the number of units which meet the definition of Dwelling Unit, Owner and the City agree to amend this Covenant to revise the number of units required to be Affordable Housing. Owner agrees that units required to be Affordable Housing will be offered to persons on a non-discriminatory basis, including to individuals and families having incomes that are eighty percent ((80%) or below the annual median income for King County. Notwithstanding anything to the contrary contained in this Covenant, under no circumstance shall the foregoing obligation to provide Affordable Housing be deemed or interpreted to require or impose on the Project any obligation to alter or amend the criteria for admission to C Independent Living Units in the Project. It is expressly acknowledged and agreed that such criteria include age and health restrictions customarily imposed by senior housing and healthcare r� facilities. Additionally, nothing in this Covenant shall restrict or prevent Owner from charging ® all occupants of the Project (including those in Independent Living Units which are required by 0) this Covenant to be Affordable Housing) for utilities (including, but not limited to, electricity, ® water, telephone and cable television), food services, housekeeping services, security services, CD activities, entertainment, transportation services, medical security and services, physical <D assistance services, personal hygiene services, library facilities and services, health care, laundry services, parking, storage and any other non -shelter related costs that an operator of senior housing and healthcare facilities is required, or that Owner elects, to provide to residents or patients. Such charges shall be in addition to any Rent For Housing. Assisted Living Units and skilled nursing care units, if any, in the Project shall be excluded from all requirements of this Covenant. 3. Duration. This Covenant shall remain for the life of the Project, but no longer than the life of the Project, all as required by Federal Way City Code (FWCC) 22-967. 4. Monitoring. By the first day of March of every year during the life of the Project, the Owner shall submit to the City's Department of Community Development Services, an Affordable Housing Monitoring Report. The Affordable Housing Monitoring Report shall identify for the preceding calendar year the following information: The number of affordable units in the Project; The monthly rate of rent for the affordable units; Verification that the Project complies with this Covenant; and Establishment of affordable housing rates for the coming year. 5. Governing Law. This Covenant shall be construed under and enforced in accordance with the laws of the State of Washington without regard to any conflicts of laws principals. 6. Successors and Assigns. All of the terms and conditions of this Covenant shall run with the land and shall be binding upon the assigns, heirs and successors of Owner. 7. Enforcement. This Covenant shall be deemed to run with the Property and shall be binding upon Owner, and its successors and assigns, for so long as the Project exists. The 3 covenants and restrictions contained herein shall benefit the City, and the City is hereby granted full authority to enforce this declaration by any means available under the law. IN WITNESS WHEREOF, Owner has executed this Covenant as of the date first set forth above. Owner: AEW/CAREAGE-FEDERAL WAY, LLC, a Washington limited liability company By: AEW/Careage-Properties, LLC, a Washington limited liability company, Manager By: AEW/Careage, LLC, a Washington limited liability company, Manager By: Eastrich Careage, LLC, a Delaware limited liability company, Member - Manager , By: k O. Marc L. Davidson, Authorized Signatory 11 STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that MARC L. DAVIDSON, is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Authorized Signatory of Eastrich Careage, LLC, the Member -Manager of AEW/Careage, LLC, the Manger of AEW/Careage-Properties, LLC, the Manager of AEW/CAREAGE-FEDERAL WAY, LLC, a Washington limited liability company, to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned. Given under my hand and official seal this --L day of r k— , 2000- F7&.- s Y dl r � (Typed or Printed Name) ® NOTARY PUBLIC in and for the State of Z&:ssr,(A 9s e th , residing at My appointment expires ® d ppq� ,v��p 40gf Ai_Flyi PL!, R;�'�_� P arty �/�.p h4 T a1,'�J3l kg1,1,3S90N EX.MFiES 10 3 �"..�r200 6 5 EXHIBIT A (Description of Property) THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 AND THE SOUTH 60 FEET OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M.; EXCEPT THE EAST 1/2 OF THE EAST 1/2 THEREOF; AND EXCEPT THE WEST 1/2 OF THE WEST 1/2 THEREOF; AND EXCEPT THE WEST 100 FEET OF THE EAST 1/2 OF THE WEST 1/2 OF SAID NORTH 1/2; (ALSO KNOWN AS NEW LOT 2 OF KING COUNTY LOT LINE ADJUSTMENT NO. 8906017, RECORDED UNDER KING COUNTY RECORDING NO. 9002210614); SITUATE IN THE CITY OF FEDERAL WAY, COUNTY OF KING, STATE OF WASHINGTON. 137361 v04.SE (2XZL04!,DOC) (#137361 v4 - AEW-Careage-FW Covenant) 09/06/00 4:59 PM HMI ARCHITECTS P.S. COMMUNITY DE ELOPM 0 ARTMENT April 15, 1999 APR 16 1999 City of Federal Way 33530 — I" Way South Federal Way, WA 98003 RE: Foundation House of Federal Way Assisted Living Facility (City of Federal Way File No. UP398-003) Dear Mr. Harris: Briefly, an Assisted Living Facility can be described as follows: A facility licensed by the State of Washington under the rules of the Washington Administrative Code (WAC). These rules are described in Chapter 246-316 plus appendices for Boarding Homes and administered by the Department of Social and Health Services (DSHS). As part of those rules we need to obtain DSHS approval of our construction plans and specifications, which must incorporate the required construction criteria and rules for the fimction of the building, thereby assuring for the care of frail and elderly. In addition, the WAC regulations require that we submit a space and functional program together with our construction drawings. That forty -page document is enclosed. You will see that the document breaks the building down into the different types of rooms, their number, size, function, occupant, equipment or furnishings, location criteria and special design criteria. These requirements impose the need to design and build a facility that goes beyond the standards for a typical dwelling. They approach the requirements of a nursing home, but provide more for the ambulatory and independent resident. I hope the enclosure and above description of the facility will help you in your decision. Sincerely, lin A. uis DI Achitects, •. hga, A.I.A. P.S. Cc: Earl Miller P.O. Box 4087 Bellevue, WA 98009 425 455-4997 Marlin A. Huisinga President JCIT�YOF33530 1 ST WAY SOUTH November 6, 1997 Earl Miller General Manager Careage, Inc. 1110 N 175th, Suite 208 Seattle, WA 98133-9730 (253) 661-4000 FEDERAL WAY, WA 98003-6210 RE: Application #UP197-0023 - Group Health Senior Housing Facility (Related Federal Way File No. PRE97-0054) Dear Mr. Miller: Your company's proposal for a 200-unit assisted living facility, in an area zoned Office Park (OP) is currently under review by the City of Federal Way (File No. PRE97-0054). Federal Way City Code (FWCC) Division 9, Office Park, does not explicitly list assisted living facilities as a permitted use, however, convalescent centers are permitted (FWCC Sec. 22-831). r This administrative decision responds to your request dated October 13, 1997, for interpretation of the FWCC definition of convalescent center/nursing home to include the assisted living facility you have proposed. We have reviewed your written request, and additional information provided by telephone, and determined that the proposed assisted living facility is consistent with the definition of convalescent center/nursing home based on the following analysis. Findinas of Fact 1. FWCC Article I, Sec. 22-1 defines convalescent center as: "an inpatient facility, excluding facilities defined as hospitals, for patients who are recovering from an illness or who are receiving care for chronic conditions; mental, physical, emotional or development disabilities; terminal illness; or alcohol or drug treatment, and may include assisted living facilities." The FWCC definition of nursing homes is "see convalescent center." As such, convalescent centers and nursing homes are determined to be comparable facilities, with no significant distinction between the two. 2. The convalescent center/nursing home definition contemplates inpatient (live-in) facilities for persons with a wide variety of chronic (long-term) disabilities. As described, the proposed facility will provide a full time residential setting for elderly persons with a range of functional and/or physical disabilities, including chronic and/or terminal illnesses. This setting and range of residents' care needs are consistent with the definition. 3. The convalescent center/nursing home definition does not distinguish between minor, moderate, or intensive levels of care, nor does it Earl Miller November 6, 1997 Page 2 of 4 prescribe a service delivery or program structure. The proposed facility will provide a continuum of care on site, from minor assistance with housekeeping, meals, transportation, etc.; to physical and medical support of a moderate nature. This service delivery model is not inconsistent with the definition. 4. The convalescent center/nursing home definition includes assisted living facilities but does not define them. Also, there is no definition of these facilities in Washington State law. This lack of clarity appears to be reflected nationwide, as evidenced in the following facts taken from The Assisted Living Sourcebook, American Health Care Association* 1996: } Assisted living is neither defined nor regulated by the federal government; throughout the United States, assisted living is known by dozens of different names; } Assisted living is a Scandinavian model of care for the elderly that began to develop in American in the mid 1980's, and is still so new that the businesses offering it and the states that license it do not agree on a precise definition; } According to a 1995 survey of assisted living facilities, a diversity of terms is used for licensure of such facilities by various states, i.e., residential care, adult foster care, group home, nursing home, board and care, assisted living, congregate care, boarding home, etc. The variety in definitions and terms is evidence,of the blurring of lines between types of long-term care facilities. Industry trends indicate that "as the number of older adults has increased, there has been a corresponding growth in options for housing and care. It is sometimes difficult to sort out the differences between these options and understanding the role of each in what is called the `continuum of care."' (Planning for an Aging Society, APA Planning Advisory Service, Report #451) . 5. Some guidance in defining assisted living facilities can be drawn from Washington State's "Assisted Living Program", which provides for a package of services, including personal care and limited nursing services, that the department (of Social and Health Services) contracts with a licensed boarding home to provide. Assisted living services include housing for the resident in a private apartment -like unit." (Chapter 388-110 WAC). It should be noted that assisted living facilities under this program is a contractural term only. However, in the in the absence of local, state, or federal definition for assisted living facilities, the program does provide some direction for zoning interpretation. Specifically, telephone interviews with state personnel** indicated Earl Miller November 6, 1997 Page 3 of 4 that their Assisted Living Program requires specific licensing, physical plant, operations, residents, and staffing standards for all contract facilities. Facilities are also required to have a boarding home license, and could potentially have a nursing home license depending on the sophistication of medical care being provided. Nursing homes and assisted living facilities are sometimes co -located, but are more often found 'in the same general area. According to state personnel, assisted living facilities share some common characteristics with nursing homes, but actually provide an alternative to nursing homes for people with disorders such as dementia (Altzeimer's) and incontinence. Historically, individuals with such disorders had few choices other than the nursing home. The industry trend toward assisted living facilities as an alternative to nursing homes is reflective of the trend -to deinstitutionalize long term care away from nursing homes and toward residential based settings. In this respect, nursing homes and assisted living facilities do serve similar populations and program objectives. 6. The American Health Care Association* defines assisted living as "a residential setting that provides or coordinates personal care services, 24-hour supervision and assistance, activities, and health related services, and is designed to maximize privacy and independence." It desribes assisted living as "a rapidly growing phenomenon that has emerged on the long term care spectrum between boarding houses for the elderly (where services are limited to housing) and skilled nursing facilities (which offer complex medical care). Assisted living is part of a comprehensive long term care continuum that provides the necessary level of services to a dependent elderly or disabled population in the appropriate environment. It promotes maximum independence, privacy and choice, by assisting people too frail to live alone but too healthy to utilize continuous nursing care. This relatively new industry is experiencing rapid growth as consumers needing less medical assistance than that offered in traditional nursing facilities look. for options along the long term care continuum. " (The Assisted Living Sourcebook, 1996) . 7. As indicated in Finding #1, above, the FWCC definition for nursing home is "see convalescent center." For reference purposes, the American Heritage College Dictionary, Third Edition 1997, defines nursing home as "a private establishment that provides living quarters and care for the elderly and the chronically ill." Although this anlysis does not rely on a dictionary definition, it is noteworthy that the proposed assisted living facility is clearly consistent with it. Earl Miller November 6, 1997 Page 4 of 4 Conclusion Based on the foregoing analysis, the proposed assisted living facility is determined to be consistent with the FWCC definition of convalescent center/nursing home. The analysis demonstrates that the proposed facility and it's population are more like the definition than different. Specifically, like convalescent centers and nursing homes, the persons who will reside in the proposed assisted living facility will receive some form of assistance for chronic conditions, disorders and illnesses, as well as assistance with daily tasks, by qualified staff persons, available on a 24- hour basis. While it is recognized that the level of clinical care is more intensive in a nursing home than in an assisted living facility, the lines between these facilities have blurred with the nationwide trend to deinstitutionalize long term residential care for the frail elderly, the growth projections for the elderly population, and the market demand for alternatives in, the long-term care continuum. Therefore, as proposed, the assisted living facility is determined to be analogous with the type of land use contemplated by the FWCC definition of convalescent centerinursinar home. Please contact Lori Michaelson at 661-•4045 if you have any questions. Sin erely, Grego Moore, AICP Direc of Community Development Services The American Health Care Association is the nation's largest federation of licensed assisted living, nursing facility, and subacute providers. ** Lori Mahar, Aging and Adult Services Administration, DSHS (licenses assisted living facilities); Denny McKee Residential Care Services, DSHS (licenses nursing homes and adult family homes) CITY OF P�- 33530 1 ST WAY SOUTH August 10, 1999 Marsie Venske The Planning and Zoning Resource Corp. 2212 NW 50t` Street Suite 246 Oklahoma City, OK 73112 F I L (253) 661-4000 FEDERAL WAY, WA 98003-6210 VIA FAX 405 840-2608 Re: Zoning lnformation forFoundation House at 320001s`Avenue South, Tax Parcel Number 172104-9039 Dear Ms. Venske: Thank you for your correspondence dated August 3, 1999 regarding zoning and use information for the above referenced site. This letter responds to specific requests (in bold below) contained in your letter. All code citations referenced in this letter are enclosed for your convenience. The current zoning for the site? The subject site is zoned Office Park (OP). 2. Is the property in an overlay district? The Federal Way City Code (FWCC) does not include any overlay or special districts. 3. Does the property abut any other zoning designation that would affect the site? The subject property abuts multi -family zoning districts on three sides. The adjoining multi family zoning affects the allowed height, perimeter landscape buffer requirements and truck loading and mechanical equipment placement standards for the subject property. 4. Was this developed with site plan approval? The City of Federal Way issued Process III (site plan) approval for the Foundation House development on February 23, 1999. A copy of the Process III approval and supporting Findings and Conclusions for Project Approval for Foundation House is attached. Was this a Planned Unit Development? No. 6. Was this property granted any variances, special exceptions, or conditional use permits? A conditional use permit was not required. An administrative approval was granted to allow a pedestrian walkway and storm drain line within the wetland setback area. Detailed discussion of this administrative approval is discussed in Finding #6 on the attached February 16, 1999 Findings and Conclusions for Project Approval - Foundation House. Marsie Venske August 10, 1999 Page 2 T Are there any legal non -conforming issues? The Foundation House project is currently under construction on a previously vacant property. Provided the current construction complies with the approved site, civil and construction plans, there are no non -conforming issues. Do city records show any outstanding zoning or building code violations? A search of the city permit tracking data base shows no pending zoning or building violations. The building construction must comply with applicable city codes and the Uniform Building Code. 9. Is the site in compliance with the current zoning ordinance? See response to # 7 above and the attached February 23, 1999 Process III Approval and' Findings and Conclusions for Project Approval - Foundation House. I trust that this responds to your request. If you have any questions, please contact me at (253) 661- 4019. Sincerely, r- rim Harris Senior Planner enc: February 23, 1999 Process III Approval and Findings and Conclusions for Project Approval - Foundation House FWCC Section 22-831 L:\PRMSYS\DOCUMENT\ADM99_00.50\response.doc Aug-03-99 11:54A PZR 40BS40260B P_01 ~ (100 CE1\1ED BY C{ 4MUNITY DENS CPMEN f DEPARTMENT To: Date: Subject: Sincerely: AUG 0 3 1999 THE PLANNING & ZONING RESOURCE CORPORATION 22 1 2 NW 50TH STREET, SUITE 246 • OKLAHOMA CITY, OKLAHOMA 731 12 TELEPHONE (405)840-4344 - FAx(405) 840-2608 TOLL FREE (800) 344-2944 Greg Fewins Fax: 253-661-4129 August 3, 1999 Zoning Verification Letter and Zoning Ordinance Revisions since 1996 for: Foundation House at 32000 F'ir_st Ave South Tax ID # 172104-9039-08 We are preparing a due diligence report for the lender on the above mentioned site. Our client would like to know the'Zoning Designation and a Brief Description of the property, as foilows:6Is the property in any special, restrictive 'or overlay district? Does this property abut any other zoning designation that would affect the site? _`fWas this developed with a Site Plan Approval? If so, can we please get a copy of the Site Plan?I; Was this a Planned Unit Development? If' so, can we please get a copy of the PUD?, as this property granted any variances, special exceptions, or conditional use permits? I1'so, can we please get a copy of them?!Are there any Iegal nonconforming issues? TO the best of your knowledge, do your records show any outstanding Zoning or Building Code Violations? is this site in compliance with the current Zoning Ordinance Code? Please incorporate as much as you can, in a letter, on your letterhead. If there are any questions you are unable to answer, please let me know who to contact. Also, please fax me a copy of the letter before mailing. Our deadline for this information is 08-10-99, so we would appreciate any help you can give us prior to that time:. "Thank you for your time and consideration on the above matter. If you have any questions or concerns, please do not hesitate to give me a call at the toll free number above, extension 616. Marsie Vcnske — cUP/ LA NATIONAL PLANNING & ZONING CONSULTING SERVICE 08/03/99 TUE 10:20 [TX/RX NO 58431 HELLER EHRMAN WHITE & McAULIFFE ATTORNEYS A PARTNERSHIP OF PROFESSIONAL CORPORATIONS 6100 COLUMBIA CENTER 701 FIFTH AVENUE SEATTLE WASHINGTON 98104-7098 TELEPHONE: (206) 447-0900 FACSIMILE: (206) 447-0849 Via Facsimile and Regular Mail March 16, 1999 Stephen Clifton, AICP Director of Community Development Services City of Federal Way 33530 First Way South Federal Way, Washington 98003-6210 Re: Process III Project Approval - File No. UP398-0003 Foundation House 32290 First Avenue South, Federal Way, Washington Dear Mr. Clifton: SEATTLE PORTLAND TACOMA ANCHORAGE SAN FRANCISCO Los ANGELES PALO ALTO WASHINGTON, D.C. HONG KONG SINGAPORE 18635-0207 We represent AEW/Careage, LLC ("AEW/Careage"), the owner of the above - referenced property, and were asked to respond to one item raised in the Findings and Conclusions for Project Approval, attached as Exhibit A to your February 23, 1999 letter, granting conditional approval to the development of an approximately 201,000 square foot assisted living facility on the property. In the Findings and Conclusions for Project Approval it was noted in paragraph 11 that the applicant would be required to comply with FWCC Section 22-967, Affordable Housing, as determined by the Director of Community Development Services. Section 22-967(c) requires that new multiple family or mixed use projects involving 25 dwelling units or more are required to provide affordable dwelling units as part of the project. After review Section 22-967., it is not clear to us that Section 22-967 applies to this development. The proposed development is a state -licensed assisted living facility. As such, the facility will provide a continuum of care to its residents from minor assistance with housekeeping, meals and transportation, to more intensive physical and medical support. While housing for residents is designed and intended to be "private apartment-lik ts,- - COMMUNIV �� Stephen Clifton Clifton H } ELLER EHRh�N WHITE & McAULIFFE March 16, 1999 ATTORNEYS Page 2 in order to recognize individual needs, privacy and autonomy, there is no question that the personal care, nursing services, medication administration and other supportive services are distinct from traditional residential rental housing. 1 The enviromnent of assisted living facilities are far more similar to hospitals and nursing homes, than they are to residential rental properties. Such facilities are subject to significant oversight by the Department of Social and Health Services and must operate under regulatory restrictions similar to those imposed on nursing homes.2 While we understand the City of Federal Way's desire to provide affordable housing units to its residents, we are uncertain exactly how such requirements can be applied to a licensed assisted living facility. Assisted living facilities are required to provide significant additional services to their residents, and because of such additional services, it is extremely difficult to calculate "rents" for the housing units apart from "costs" for the additional services. Further, such a calculation would ignore the interrelationship of the services to the housing, and the contractual and statutory obligations of assisted living facilities to provide such services. All of this leads us to conclude that, like hospitals and nursing homes, also zoned OP (office park), assisted living facilities are not "multiple family or mixed use projects" within the meaning of Section 22-967. They are specialized facilities providing both care 1 Additional information regarding the proposed assisted living facility, and the services to be provided by it, can be found in the November 6, 1997 letter of Gregory Moore, AICP, Former Director of Community Development Services for the City of Federal Way, addressed to Earl Miller, concerning the classification of the proposed facility as consistent with the FWCC definition of "convalescent center/nursing home." 2 Chapter 246-310 of the Washington Administrative Code, Boarding Homes, governs the licensure and operation of assisted living facilities. Regulatory oversight for such facilities is extensive. There are specific requirements for the staffing of the facility, including provisions governing who may and who may not work in such facilities. Assisted living facilities are required to maintain infectious disease control programs, with specific requirements for Tuberculosis and HIV/AIDS. Additional construction standards are imposed on licensed assisted living facilities, and range from specific requirements for communication systems to water supply, sewer, garbage, lighting and heating, to minimum room types, sizes and amenities. The regulations also impose specific operational requirements, including specific requirements for maintenance and housekeeping, for food services, for health care services, for limited nursing services and for medication services. Finally, the regulations governing assisted living facilities provide residents with the right to certain services and an appropriate level of care. Stephen Clifton March 16, 1999 Page 3 HELLER EHRMAN WHITE & McAULIFFE ATTORNEYS and housing and should not be treated like traditional residential rental properties. To do otherwise, ignores the most significant aspect of their operation, their care services. We hope the foregoing will be helpful to you in your determination of whether AEW/Careage is required to comply with FWCC Section 22-967. If a face-to-face meeting would be helpful, we would be happy to meet with you. If you have any questions concerning the facility and its operation, please do not hesitate to contact me. We look forward to your decision. Very truly yours, 1 0, k Scott W. MacCormack cc: Jim Harris, Senior Planner Earl Miller 83803.01 .SE (1SNV01!.DOQ 03/16/99 8:47 AM U CAREAGE, INC 4411 Pt. Fosdick Drive, Suite 203 P.O. Box 1969 Gig Harbor, WA 98335 FAX (253) 853-5280 Phone (253) 853-4457 April 2, 1999 Debbie Holling - Administrator Hallmark Manor 32300 First Avenue South Federal Way, Washington 98003 Dear Ms. Holling: Thank you for taking the time to meet with us on Tuesday. We enjoyed having lunch with you and for giving us the opportunity to update you on our plans to build a Retirement/ Assisted Facility next to Hallmark Manor. We think that the 211 unit complex Will compliment your facility as well as your new Alzheimer facility, as our complex will not provide for skilled or Alzheimer patients. As we discussed, we will be clearing the lot that adjoins your site and during that, process we will be lowering the ground level so that the rock retaining wall will no longer be needed and that we will replace the chain link fence with a cedar fence. The new fence will have the finished side facing your property_ In addition, we will employ an arborist to assist us in retaining the existing blue spruce that line the property and we will use our landscape architect to assist in additional plantings to be placed between your rear road curb and the new fence. It is our understanding, that you thought our plan to replace the fence and rock as outlined above and relandscape the area between your most westerly road curb and our property line, while saving all of the blue spruce trees was acceptable. If so, we ask that you acknowledge this letter so when the time is appropriate to complete this phase of work we will be able to proceed. RECEIVE"' 9Y COMMUNITY DEVELOPM..7i'-. DEPARTMENT APR 0 8 1999 Again, thank you for your time and consideration and we will keep you informed as we proceed. We anticipate starting construction within the next two to three weeks. Sincerely, Earl M. Miller President ledged by: X �Iling�,A'Uini e ie Hallmark Manor Acknowledged this %1"" Day ❑f� 1999 e TUP FILED FOR RECORD AT THE REQUEST OF AND WHEN RECORDED RETURN TO: II-- r■ •[�l$ jS'�� ` HELLER EHRMAN WHITE & McAULIFFE 701 Fifth Avenue, Suite 6100 Seattle, WA 98104-7098 Attention: Scott W. MacCormack uo kk VJ AFFORDABLE HOiJSING COVENANT Grantor: AEW/CAREAGE-FEDERAL WAY, LLC, a Washington limited liability }rl` company Legal Description (Abbreviated): A portion of the Northwest 1/4 of the Northwest 1/4 of Section 17, Township 21 North, Range 4 East, W.M. Additional Legal Description: See Page A-1 of the document. Assessor's Tax Parcel No.: 172104-9039-08 Reference No. of Documents Released or Assigned: N/A THIS AFFORDABLE HOUSING COVENANT (this "Covenant") is made as of June , 2000, by AEW/CAREAGE-FEDERAL WAY, LLC, a Washington limited liability company ("Owner"), for the benefit THE CITY OF FEDERAL WAY, a municipal corporation (the "City"), with reference to the following facts: A. Owner is the owner of that certain parcel of real property commonly known as 32290 First Avenue South, Federal Way, Washington and legally described on the attached Exhibit A (the "Property"). B. The City has granted Owner approval to develop a senior housing and healthcare facility, including independent and assisted living units, commonly known as Foundation House at Federal Way, on the Property (the "Project"). C. Rja❑ FICA?r IL,Wc��Lj/�,C,-,01, WcC Sc�i��^ ��-r7(o��..,'(.j u se certain = covenants on the Property �o ti NOW, THEREFORE, in consideration of the foregoing recitals and for other valuable consideration, receipt and sufficiency of which are hereby acknowledged, Owner agrees as follows: Definitions. For the purposes of this Covenant, the following terms shall have the following meanings: b r 66 a. "Affordable Housin " means dwelling units that are offered at a Rent For I ousing at a i that is affordable to those individuals and families having incomes that are eighty percent (80%)of the annual median income for King County. A rate shall be deemed "affordable" to individuals and families having into that are eighty percent (800 o} of the annual median income for King County, if the monthly Rent for Housing for such dwelling units is not more than thirty percent (30%) of the monthly income of such households. b. "Assisted Living Unit" means any dwelling unit in the Project: (i) where any occupant of such dwelling unit needs medical security and services, physical assistance in the activities of daily living, nursing services or medication services of any level; (ii) which is licensed and operated under Revised Code of Washington Chapter 18.20. Washington Administrative Code Chapter 388-79A or similar laws, statutes, rules or regulations; and (iii) where any of the occupants of such dwelling unit are receiving "domiciliary care" under Washington Administrative Code Chapter 388-78A. c. "Indepgndent Living Unit" means any dwelling unit in the Project: (i) where all the ccupants (a) are able to live independently without the need of medical security and services, nursing services or personal hygiene services, (b) are able to participate, physically and mentally, in activities of daily living without assistance; and (c) meet the criteria for admission into independent living units of the Project; (ii) which is licensed and operated as an "independent living unit" under Revised Code of Washington Chapter 18.20, Washington Administrative Code Chapter 388-78A or similar laws, statutes; rules or regulations; and (iii) where none of the occupants of such dwelling unit are receiving "domiciliary care" under Washington Administrative Code Chapter 388-78A. d. "Rent For Housin means charges for occupancy of an Independent Living Unit exclusive of charges for utilities (including, but not limited to, electricity, water, telephone and cable television), food services, housekeeping services, security services, activities, entertainment, transportation services, medical security and services, physical assistance services, personal hygiene services, library facilities and services, health care, laundry services, parking, storage and any other non -shelter related costs that an operator of senior housing and healthcare facilities is required or elects to provide to re idents or patients. 2. Affordable Housing Covenant. Owner ag a that at least five percent (5%) of the Independent Living Units in the Project will be Affordable Housing. Notwithstanding anything to the contrary contained in this Covenant, under no circumstance shall the foregoing obligation to provide Affordable Housing be deemed or interpreted to require or impose on the Project any obligation to alter or amend the criteria for admission to Independent Living Units in the Project. It is expressly acknowledged and agreed that such criteria include age and health restrictions customarily imposed by senior housing and healthcare facilities. Additionally, nothing in this Covenant shall restrict or prevent Owner from charging all occupants of the Project (including those in Independent Living Units which are required by this Covenant to be Affordable Housing) for utilities (including, but not limited to, electricity, water, telephone and cable television), food services, housekeeping services, security_ services, activities, entertainment, transportation services, medical security and services, physical assistance services, personal hygiene services, library facilities and services, health care, laundry services, parking; storage and any other non -shelter related costs that an operator of senior housing and healthcare facilities is required, or that Owner elects, to provide to residents or patients. Such charges shall be in addition to any Rent For Housing. Assisted Living Units and skilled nursing care units, if any, in the Project shall be excluded from all requirements of this Covenant. rr Jj 3. Duration. This Covenant shall fbreeful life�C�I�e-l�r$jeei: Tke�sefn�lif�af-the�a�t.-far-p�� t-�ErrI-E�e�ee�d-tc��tlu.r�y-{�fl} ye�rsfrorrthe-date of the-initial-ccr iGcat"La= t W6 j GoverningLaw. This Covenant shall be construed under and enforced in accordance with the laws of I the Slate of Washington without regard to any conflicts of laws principals_ (p 15'.— Successors and Assi ns_ All of the terms and conditions of this Covenant shall run with the land and shall be binding upon (lie assigns, heirs and successors of Owner. -7. y /SSh.� �oi-e ,��rr`twcc &%A4..� b Owner: IN WITNESS WHEREOF, Owner has executed this Covenant as of the date first set forth above. AEW/CAREAGE-FEDERAL WAY, LLC, a Washington limited liability company By: AEW/Careage-Properties, LLC, a Washington limited liability company, Manager By: AEW/Careiifzc, LLC, a Washington limited liability company, Manager By: Eastrich Careage, LLC, a Delaware limited liability company, Member -Manager 0 Marc L. Davidson, Authorized Signatory STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that MARC L. DAVIDSON, is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Authorized Signatory of Eastrich Careage, LLC, the Member - Manager of AEWICareage, LLC, the Manger of AEWICareage-Properties, LLC, the'Manager of AEW/CAREAGE-FEDERAL WAY, LLC, a Washington limited liability company, to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned. Given under my hand and official seal this day of , 2000. (Signature) (Typed or Printed Name) NOTARY PUBLIC in and for the State of residing at My appointment expires EXXITBIT A (Description of Property) THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 AND THE SOUTH 60 FEET OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M.; EXCEPT THE EAST 1/2 OF THE EAST 1/2 THEREOF; AND EXCEPT THE WEST 1/2 OF THE WEST 1/2 THEREOF; AND EXCEPT THE WEST 100 FEET OF THE EAST 1/2 OF THE WEST 1/2 OF SAID NORTH 1/2; (ALSO KNOWN AS NEW LOT 2 OF KING COUNTY LOT LINE ADJUSTMENT NO. 8906017, RECORDED UNDER KING COUNTY RECORDING NO. 9002210614); SITUATE IN THE CITY OF FEDERAL WAY, COUNTY OF KING, STATE OF WASHINGTON. 137361 v0l.SE (2XZL0l!.DOC) (#137361 vl -AEW-Careage-FW Covenant) 05/17/00 8:46 AM A-1 31-00 09:41A Madror3 Planning and Deve 206 297 2301 P_11 � 1 I EXHIBIT "B" PUF CHAS-ER INCOME VERIFICATION FORM THE RESTRICTED UNIT you are purchasing [Print Name and Address of Unit] _, is located within Condominium and is subject to the terms of a restrictive covenant for the condominium project. Pursuant to this covenant, your unit is to be available only to moderate income households. The covenant requires that the seller provide Income Verification Forms to the City of Federal Way to assist the City in monitoring compliance with the conditions of the restrictive covenant, Consequently, all purchasers are required to complete this Income Verification Form for submittal to the City of Federal Way. The information will not be used for any other purpose than determining financial qualifications as purchasers under affordable housing restrictions imposed by the City of Federal Way and meeting the recording requirements of the City of Federal Way and will remain confidential. Purchaser Co -purchaser: Gross Employment Income _ Gross Employment Income Commissions Commissions Dividends/interest Dividends/interest Net Rental Income Net Rental Income Other Income Other Income TOTAL _ TOTAL Describe other income: Alimony, child support or separate maintenance income is considered income. Does any other individual who will be living in the condominium receive income from any source? 0 Yes 11 No 1k SERVERNRMBSltycon\dedaration 2.doc 03114/00 (m) File #99-389(1) DECLARATION OF COVENANTS AND RESTRICTIONS FOR AFFORDABLE HOUSING Page 10/11 03/31/00 FRI 09_40 [T%/RX NO 90551 FILED FOR RECORD AT THE REQUEST OF AND WHEN RECORDED RETURN TO: HELLER EHRMAN WHITE & MCAULIFFE 701 Fifth Avenue, Suite 6100 Seattle, WA 98104-7098 Attention: Scott W. MacCormack AFFORDABLE HOUSING COVENANT Grantor: AEW/CAREAGE-FEDERAL WAY, LLC, a Washington limited liability company Grantee: THE CITY OF FEDERAL WAY, a municipal corporation Legal Description (Abbreviated): A portion of the Northwest 1/4 of the Northwest 1/4 of Section 17, Township 21 North, Range 4 East, W.M. Additional Legal Description: See Page A-1 of the document. Assessor's Tax Parcel No.: 172104-9039-08 Reference No. of Documents Released or Assigned: N/A THIS AFFORDABLE HOUSING COVENANT (this "Covenant”) is made as of June , 2000, by AEW/CAREAGE-FEDERAL WAY, LLC, a Washington limited liability company ("Owner"), for the benefit of THE CITY OF FEDERAL WAY, a municipal corporation (the "City"), with reference to the following facts: A. Owner is the owner of that certain parcel of real property commonly known as 32290 First Avenue South, Federal Way, Washington and legally described on the attached Exhibit A (the "Property"). B. The City has granted Owner approval to develop a senior housing and healthcare facility, including independent and assisted living units, commonly known as Foundation House at Federal Way, on the Property (the "Project"). C. As a condition of the City's approval of the Project, Owner is required to impose certain covenants on the Property. NOW, THEREFORE, in consideration of the foregoing recitals and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner agrees as follows: 1. Definitions. For the purposes of this Covenant, the following terms shall have the following meanings: a. "Affordable Housin " means dwelling units that are offered at a Rent For Housing at a rate that is affordable to those individuals and families having incomes that are eighty percent (80%) of the annual median income for King County. A rate shall be deemed "affordable" to individuals and families having incomes that are eighty percent (80%) of the annual median income for Ki ng County, if the monthly Rent for Housing for such dwelling units is not more than thirty percent (30%) of the monthly income of such households. b. "Assisted Living Unit" means any dwelling unit in the Project: (i) where any occupant of such dwelling unit needs medical security and services, physical assistance in the activities of daily living, nursing services or medication services of any level; (ii) which is licensed and operated under Revised Code of Washington Chapter 18.20, Washington Administrative Code Chapter 388-78A or similar laws: statutes, rules or regulations; and (iii) where any of the occupants of such dwelling unit are receiving "domiciliary care" under Washington Administrative Code Chapter 388-78A. c. "Independent Living Unit" means any dwelling unit in the Project: (i) where all the occupants (a) are able to live independently without the need of medical security and services, nursing services or personal hygiene services, (b) are able to participate, physically and mentally, in activities of daily living without assistance, and (c) meet the criteria for admission into independent living units of the Project: (ii) which is licensed and operated as an "independent living unit" under Revised Code of Washington Chapter 18.20, Washington Administrative Code Chapter 388-78A or similar laws, statutes, rules or regulations; and (iii) where none of the occupants of such dwelling unit are receiving "domiciliary care" under Washington Administrative Code Chapter 388-78A. d. "Rent For Housin " means charges for occupancy of an Independent Living Unit exclusive of charges for utilities (including, but not limited to, electricity, water, telephone and cable television), food services, housekeeping services, security services, activities, entertainment, transportation services, medical security and services, physical assistance services, personal hygiene services, library facilities and services, health care, laundry services, parking, storage and any other non -shelter related costs that an operator of senior housing and healthcare facilities is required or elects to provide to residents or patients. 2. Affordable Housing Covenant. Owner agrees that at least five percent (5%) of the Independent Living Units in the Project will be Affordable Housing. Notwithstanding anything to the contrary contained in this Covenant, under no circumstance shall the foregoing obligation to provide Affordable Housing be deemed or interpreted to require or impose on the Project any obligation to alter or amend the criteria for admission to Independent Living Units in the Project. It is expressly acknowledged and agreed that such criteria include age and health restrictions customarily imposed by senior housing and healthcare facilities. Additionally, nothing in this Covenant shall restrict or prevent Owner from charging all occupants of the Project (including those in Independent Living Units which are required by this Covenant to be Affordable Housing) for utilities (including, but not limited to, electricity, water, telephone and cable television), food services, housekeeping services, security services, activities, entertainment, transportation services, medical security and services, physical assistance services, personal hygiene services, library facilities and services, health care, laundry services, parking, storage and any other non -shelter related costs that an operator of senior housing and healthcare facilities is required, or that Owner elects, to provide to residents or patients. Such charges shall be in addition to any Rent For Housing. Assisted Living Units and skilled nursing care units, if any, in the Project shall be excluded from all requirements of this Covenant. 3. Duration. This Covenant shall terminate and be of no further force and effect at the end of the useful life of the Project. The useful life of the Project for purposes of this Covenant shall be deemed to be thirty (30) years from the date of the initial certificate of occupancy for the Project. 4. Governing Law. This Covenant shall be construed under and enforced in accordance with the laws of the State of Washington without regard to any conflicts of laws principals. 5. Successors and Assigns. All of the terms and conditions of this Covenant shall run with the land and shall be binding upon the assigns, heirs and successors of Owner. Owner: IN WITNESS WHEREOF, Owner has executed this Covenant as of the date first set forth above. AEW/CAREAGE-FEDERAL; WAY, LLC, a Washington limited liability company By: AEW/C.irc�gc-Froperties, LLC, a Washington limited liability company, Manager By: AE W/Careage, LLC, a Washington limited liability company, Manager By: Eastrich Careage, LLC, a Delaware limited liability company, Member -Manager LIM Marc L. Davidson, Authorized Signatory STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that MARC L. DAVIDSON, is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Authorized Signatory of Eastrich Careage, LLC, the Member - Manager of AEW/Careage, LLC, the Manger of AEW/Careage-Properties, LLC, the Manager of AEW/CAREAGE-FEDERAL WAY, LLC, a Washington limited liability company, to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned. Given under my hand and official seal this day of 2000. (Signature) (Typed or Printed Name) NOTARY PUBLIC in and for the State of residing at My appointment expires 4 ljl EXHIBIT A (Description of Property) THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 AND THE SOUTH 60 FEET OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M.; EXCEPT THE EAST 1/2 OF THE EAST 1/2 THEREOF; AND EXCEPT THE WEST 1/2 OF THE WEST 1/2 THEREOF; AND EXCEPT THE WEST 100 FEET OF THE EAST 1/2 OF THE WEST 1/2 OF SAID NORTH 1/2; (ALSO KNOWN AS NEW LOT 2 OF KING COUNTY LOT LINE ADJUSTMENT NO. 8906017, RECORDED UNDER KING COUNTY RECORDING NO. 9002210614); SITUATE IN THE CITY OF FEDERAL WAY, WASHINGTON. 137361 v0l.SE (2XZL01!.D0C) (#137361 vl-AEW-Careage-FW Covenant) 05/17/00 8:46 AM A-1 COUNTY OF KING, STATE OF IN - FOUNDATION HOUSE AT FEDERAL WAY SPACE AND FUNCTIONAL PROGRAM March 23, 1999 COMMUNITY RECEIVED BY DEPARTMENT .APR 14 1999 Rev. 4/13/99 FOUNDATION HOUSE AT FEDERAL WAY SPACE AND FUNCTIONAL PROGRAM Table of Contents ProjectDescription...........................................................................................................3 SiteAccess..................................................................................................I........3 FacilityOverview...................................................................................................3 Functional Statement by Room.................................................................................. 4-40 FOUNDATION HOUSE AT FEDERAL WAY Space and Functional Program Proiect Description The 203 unit / 8 cottage Foundation House at Federal Way, a retirement / assisted living facility, will be located at 32000 16' Avenue South, Federal Way, Washington. The project site is 10.71 acres. Phase I, eight cottages, a single story, Group LC/RI, R1 LC/A3 type V-non rated with automatic sprinklers (NFPA13R) building will consist of 11,366 square feet. Phase II a three story, Group LC/R1 type V-1 hour building will consist of 189,038 square feet. Foundation House at Federal Way will provide an array of assisted living services including assistance with daily living activities (personal hygiene and grooming, bathing, mobility, dressing) medical health, fitness facilities, assistance with medications, recreational and activity areas, as well as private dining for personal occasions. Site Access Vehicular access by staff, residents, families and other visitors is from 1st avenue south. Vehicles will be able to park directly upon entering the lot or drive under the porte cochere for pick up or drop off of visitors at the main entrance. Staff will park in the south area of the site and can enter the facility at the service entrance leading to the staff lounge area. Service vehicles, will access the site from 1st avenue south utilizing the service area. An intercom wired into the twenty four-hour reception station is provided at the main and service entrances so that deliveries, transfers or other pickups can be coordinated with facility personnel. Facility Overview The Foundation House at Federal Way will provide 113 parking spaces for staff and visitors. Landscaping is being provided to meet strict City of Federal Way requirements. The courtyard will provide secured access for residents and staff to enjoy outdoor time. Resident rooms, public and group areas will be heated and air-conditioned. Lobby Entrance/Foyer Roam Name and Number Lobby Entrance/Foyer — 111513, 1115D, 1115E Room Size 1910, 379, 64, and 407 square feet respectively Function Provide one main entrance for visitors, and residents Location Criteria Opens into main lobby and reception Special Design Criteria Must be accessible by handicapped • Provide covered main entrance Convenience to visitor parking Reception Room Name and Number Reception — 1115C Room Size 120 Square Feet. Function Provide workstation for staff to control the traffic into and through the facility, answer the telephone and direct calls, and provide information to and direct public. Occupant Cross -trained staff; will share duties between reception and business office. Significant Equipment/Furnishings • Switchboard • Chairs Computer station ■ Electric typewriter ■ Paging system Location Criteria Adjacent to entrance vestibule, lobby waiting area, administrative and business office work areas. Special ❑egi Criterla ■ Built-in countertops and casework for storing secretarial and office supplies • Provide easy access to business work area. • Reception counter must control access into administrative office cluster and business office work areas. 5 Public Toilets Room Name and Number Public Toilets — 1038, 1039A, 1039B, 2039, 2040, 3039, and 3040 (7) Room Size 210, 44, 155, 62.5, 62.5, 62.5, and 62.5 square feet. Function Provide public toilet for visitors and residents. Location Criteria Convenient to public entrance, living and dining areas. Special Desi_ n Criteria Must meet all handicapped accessibility standards. 6 Janitor's Closets Room Name and Number Janitors Closets-- 1012, 1046, 1061, 1088, 2012, 2061, 2088, 3012, 3061, and 3088 ' Id Room Size 49.5, 84, 49.5, 69, 49.5, 49.5, 64.5, 49.5, 49.5, and 64.5 square feet respectively. Function Provide space for storage of housekeeping carts and supplies; number of closets established by code. Significant Equipment/ urnishingss • Floor sink. • Overhead shelving for storing cleaning items • Wall hooks and hangers for miscellaneous items. Location Criteria Convenient for housekeeping; ❑ut of view from the public. Administrator's Office Room Name and Number Administrator's Office —1119 Room Size 254 square feet. Function Provide private office to perform all executive duties necessary for the position. Occupant Administrator Sianificant Equipment/Furnishings • End Tables • Credenza • Executive desks with chair • Side chairs • Bookcase ■ Telephone Location Criteria • Part of administrative cluster Convenient to business office work area and manager's office Shall be convenient to but not directly accessible from lobby area Marketing Room Name and Number Marketing —1118 Room Size 408 square, feet. Function Provide centralized area for admitting all residents, counseling family members on the facility and transacting business related matters. Occupant Admissions supervisor, residents and family members Significant Equi ment/Furnishin s • Desk with chair • Side chairs • Telephone • Bookshelves Location Criteria • Convenient to entrance and lobby • Part of administrative cluster 9 Office Room Dame and Number Office —1029, 104613, 1120A, and 1120B Room Size 120, 89, 180, and 286 respectively Function Provide an area to support administrative functions. Occupant Administrative staff Significant Eguipmentli=u�g • Desk with chairs • File cabinets • Telephone • Computer terminal Location Criteria Location in administrative area to provide proximity to functions needing support. 10 Med Room Room Name and Number Med Room — 2029B Room Size 108 square feet. Function Provide a secured area for drugs and medications. Occupant Staff Significant EQuipment/Furnishings ■ Desk with chair • Work table for sorting records • Secured resident storage files • Telephone • Computer station • Typewriter Location Criteria • Accessible to circulation corridor • Convenient to business offices and Director of Control Station Special Design Criteria • Good lighting • Wall area for files 11 Private Dining Room Name and Number Private Dining —1123 Room Size 320 square feet. Function Provide group space for conducting administrative business conferencing and private dining for residents/family members Occupant Administrative staff, residents and visitors. Significant E ui ment/Furnishin s ■ Table and chairs to be usable for conferencing and private dining • Telephone • White board • Bulletin board Location Criteria Convenient to administrative cluster Special Desiqn Criteria Accessible from administrative cluster and corridor 12 Control Station Room Name and Number Control Station — 2029A Room Size 167 square feet. Function Provide area for conducting administrative resident care duties. Provide area work surfaces, charting areas, medical record charts, clerical supplies, annunciator panels for fire alarm, and attendant call systems, which is staffed 24 hours. Occupant Control attendant/staff Sign ficant Equip ment/Furnishin s • Desk with chair • Side chair • Telephone • File cabinet Computer station • Bookshelf Location Criteria Located convenient to residents 13 00, tipurpo$e Room Room Name and Number Multipurpose Room - 1102 Room Size 906 square feet. Function Provide an area for teaching/demonstrations of a variety of resident care techniques for upgrading care skills and staff training. Provide an area for residents to enjoy arts and crafts, daily learning activities, and hobbies. Significant Eguipment/Furn_ishing5 • Stacking chairs • White board • Bulletin boards • Folding table • Resident bed Loc@tion Criteria Convenient to lobby and corridor 14 Staff Lounge Room Name and Number Staff Lounge —1048A Room Size 256 square feet. Function Provide lockers, toilet, vending machines and an area for staff breaks and dining. Occupant Staff Significant Equipment/Furnishings • Sink ■ Microwave • Vending machines • Coffee maker • Undercounter refrigerator • Chairs • Table • Half length lockers Location Criteria • Located convenient to dietary, laundry, and administrative areas • Convenient to business offices and Director of Control Station. Special Design Criteria Place on exterior wall in order to have windows • Provide access to covered outside'staff smoking area ■ Staff will only be permitted to smoke outside the facility 15 Beauty Salon/Barber Room Name and Number Beauty Salon/Barber - 3028 Room Size 200 square feet. Function Provide area for residents to enjoy washing, setting, hair cutting and permanents; service is provided by an independent licensed beautician Occupant Beautician and residents Significant E auipment/Furnishings Barber chair, beautician's equipment and related supplies • Telephone • One head sink • Mirror Location Criteria Convenient to main lobby areas Special Desicin Criteria Window to pent daylight and an exterior view 16 Kitchen/Serving Room Name and Number Kitchen/Serving — 1046A, 1122D Room Size 1,769 and 121 square feet respectively. Function A complete kitchen is provided and designed in accordance with WAC-14-125. It is located adjacent to the service entrance. An unloading area is immediately outside the kitchen with direct access to the food storage area. Garbage storage and can wash areas are in close proximity. Walk-in cooler and freezer areas will be installed as well as a dietary manager's office. Food Preparation: Area for preparation of meat and vegetable items for direct movement to dining area or cooking area as required. Items to include are: scullery sinks, meat and vegetable slicers, mixers, vegetable peeler, food disposals, countertop and storage space. Cooking/Baking: Area for cooking and baking of prepared food. Items to include are: Ranges with hoods, ovens, steam cookers, steam table, dispenser, countertop space and storage. Dietitian: Space for desk, chair and filing cabinet for dietician. Cart Storage: Location of food carts. Dry Storage: Storage for bulk food items. Refrigerated Storage: Storage for bulk refrigerated food. Freezer Storage: Storage for bulk frozen food items. Washing Facilities: Space for tray line, food disposal, automatic dishwasher, pot and pan washing, scullery sinks. Janitor's Closet: Service area with floor sink. Cart Staging: Area containing steam tables for loading carts prior to distribution of meals. Meals are attractively prepared for distribution to the dining room and individual resident rooms when necessary. Occupant Dietary staff. Significant F ui mentlFurnishin s Standard kitchen equipment Location Criteria Adjacent to service entrance 17 Special Design Criteria Per all health, fire and safety codes 18 General Storage Room Name and Number General Storage - 1013, 1028, 1053, 1060, 1070, 1087C, 1096, 1115F, 2013, 204413, 2053, 2060, / 2070, 2087C, 2096, 2109, 2122, 3013, 3030, 3044, 3045, 2053, 3060, 3070, 3087C, 3109, and 3122 - �� Room Size 208, 135, 30, 190, 400, 35, 66, 12, 240, 20, 36, 208, 495, 50, 55, 105, 45, 194, 292, 425, 393, 33, 188, 395, 33, 45.5, and 45.5 square feet respectively Function Provide open area for storage of materials required to support the day-to-day operations of the facility, including housekeeping equipment and supplies, bulk medical and office supplies, etc., as well as central supply for disposable sterile iterns. Maintenance to have a small work area for maintenance functions. There are several additional smaller storage rooms place throughout the facility to permit supplies to be convenient to control station. Occupant Maintenance staff/materials manager Significant Equipment/Furnishings ■ Shelving for case goods • Hand carts • Workbench • Chair • Telephone Location Criteria Convenient to service entrance and unloading area; items should flow from unloading into breakdown area, then onto storage shelves for replenishment to areas of use. Special Design Criteria • Conveniently located for maintenance personnel. 19 Corridors Roam Name and Number Corridors-1006A, 100613, 1006C, 1027A, 102713, 1036A, 103613, 1041, 1047, 1055A, 105513, 1072A, 107213, 1087A, 108713, 1099A, 109913, 1099C, 1112, 2006A, 200613, 2006C, 2027A, 102713, 2036A, 2036B, 2055A, 2055B, 2072A, 2072B, 2087A, 2087B, 2113A, 2113B, 3006A, 3006B, 3006C, 3027A, 302713, 3036A, 3036B, 3055A, 305513, 3072A, 307213, 3087A, 308713, 3099, 3113A, and 3113B Room Size 401, 552, 510, 336, 705, 467, 432, 115.5, 324, 451.5, 437, 408, 766, 340, 573, 365, 492, 348, 370, 401, 552, 510, 378, 768, 474, 306, 451.5, 437, 408, 766, 340, 573, 367.5, 1,011, 654, 401, 552, 510, 705, 467, 474, 306, 451.5, 437, 408, 766, 340, 573, 367.5, 786, and 654 square feet respectively. Function Provide sufficient area for passage around the facility and within departments. Occupant Residents, staff and visitors. Significant Equipment/Furnishings Artwork Special Qesi n Criteria Washington Amended Code 20 Soiled Linen Room Name and Number Soiled Linen Holding Room —1037D Room Size 210 square feet. Function Collection area for holding soiled linen tubs until items are processed for washing and drying. Significant Equipment/Furnishings Flushing rim, sink for soaking items and handwashing. Location Criteria Must be accessed from circulation corridor • Access to laundry Speciat Design Criteria • Floor drain PositiVe.air. flow �required 21 Clean Linen Room Name and Number Clean Linen Holding —1037A Room Size 210 square feet Function Provide a general linen room for storage of clean linen for replenishment to control station; area for hanging drapes, storage, and mending damaged linen. Replenished linen carts will be exchanged with used supply cart placed in clean utility. Occupant Laundry aides Significant Equipment/Furnishing s • Clean linen shelving • Bedding carts Location Criteria • This area should be located at the end of laundry work flow, i.e., soiled linen holding to laundry washing and drying, to folding and mending, to clean linen storage. ■ Room has direct access to corridor 22 Resident Laundry Room Name and Number Resident Laundry-1007, 1063, 2007, 2063, 3007, 3063, and 3102 (?� Room Size 152, 150, 165, 152, 152, 152, and 119 square feet respectively. Function Provide an area for residents to due laundry. Occupant Residents Significant Eguipment/Furnishings Washers and dryers Folding table for large items Clean linen tubs Location Criteria Convenient located for residents 23 Commercial Washer & Dryer Room Name and Number Commercial Washer Dryer—1037B, 1037C Room Size 282, 137.5 square feet respectively. Function Provide area for washing and drying linen items including drapes, slings, sheets, and mattress pads. Soiled items are brought from soiled linen holding, processed into washing and drying, mending, folding and then placed into clean linen storage. Occupant staff Significant Equipment/Furnishings • Commercial washers and dryers • Folding table for large items • Clean linen tubs Location Criteria Conveniently located near clean and soiled linen rooms. 24 Wellness/Spa Room Name and Number Wellness/Spa — 2100, and 2102 Room Size 535, and 108 square feet respectively. Function Provide open room designed and equipped for single or large group general exercise and rehabilitation utilizing a variety of exercise equipment. Provide an area for residents to enjoy a spa bath. Occupant Staff, residents Location Criteria • Convenient to corridor • Convenient to elevator Significant Equipment/Furnishings MISCELLANEOUS EXERCISE EQUPM ENT Used by the residents to maintain and strengthen muscle tone. EXECERCISE BIKES TREDMILL FREE WEIGHTS Special Des�eria ■ Storage for exercise equipment 25 Resident Rooms Room Name and Number Resident Rooms — One Bedroom ................ 117 Studio .............................. 41 Two Bedroom .................. 13 203 @ 123,833 total square feet 8 Cottages @ 11,366 total square feet Each Unit 1,072 square feet excluding garage Garage 348 square feet Function Provide resident living areas. Occupant Residents, family, staff and friends Significant Equipment/Furnishing5 • Kitchen • Closets • Wardrobes • Attendant call in resident room and toilet • Telephone jack • Television and cable jack Special Desi n Criteria Homelike atmosphere 26 Recreation/ActivityMlaiting/Living Rooms Room Name and Number Recreation/Activity/Waiting/Living Rooms —1030, 1040, 1115A, 1117, 2038, 2120, 3038, and 3100 fig, Room Size 1,662; 272, 978, 120, 591.5, 840, 591.5, 523.5 square feet respectively J�00-'P'1 Function Provide recreation areas for residents, groups, or individuals involved in passive activities including television viewing, conversation, reading or games. The activity/dining areas provide larger group "active" areas for programs such as bingo, dancing, parties and feeding programs. Occupant Residents, family members and staff Location Criteria • Centralized on each floor • Ready access from corridors and lobby Si nificant Equipment / Furnishings Recreation Telephone End tables Arm chairs Club chairs Tables Attendant call TV cabinet Activity/dining Stacking chairs Bulletin boards Folding tables 27 Staff Toilet Room Name and Number Staff Toilet —1048B Room Size 56 square feet Function To provide staff with access to a toilet in the unit Occupant Staff Location Criteria Adjacent to staff lounge Significant E ui ment 1 Furnishings Toilet Lavatory sink 28 Dieing Rooms Room Name and Number Dining Rooms—1,122A, 1112B, 1122C, 2044A, 2045) Room Size 760, 1,620; 536, 1,533, and 380 square feet respectively Function Provides a large open room for residents to dine, for group activities, and miscellaneous facility programs. Occupant Residents, staff, family members Location Criteria • Adjacent to lobby/reception area • Convenient to rest rooms • Convenient to additional activity room Significant Equipment / Furnishings • Tables • Chairs • Popcorn machine ■ Grandfather clock Special Design Criteria • Well lighted room • Access from main circulation corridor • Furnishings must be flexible for dining and active service programs 29 Resident Toilets Room Name and Number Resident Toilets — 1=00 2110, 110 (3) �� ' °� �� Taal G Room Size 58.5, 100, and 63 square feet respectively Function Provides toilets and sink for residents. Occupant Residents Location Criteria Centrally located within each floor Significant Equipment I Furnishings Attendant call • Sink Wastebasket Special Design Criteria Meet or exceed all code requirements 30 Equipment Storage Room Name and Number Equipment Storage — 1044,1045A, 1101 Room Size 126, 510, and 72 square feet respectively Function Provide area to store equipment when not in use. Location Criteria Centrally located in facility to serve both administrative and maintenance personnel. Significant Equipment/Furnishings • Wheel chairs • Peg board for large equipment items • Miscellaneous items Special Design Criteria Conveniently located for maintenance personnel 31 Soiled Utility Room Name and Number Soiled Utility — 2030 Room Size 196 square feet Function Provide area for placing soiled linen and temporary storage of contaminated dirty equipment. Location Criteria Centrally located and convenient to control station Si nificant E ui ment 1 Furnishings • Flushing rim sink • Counter top for work area. • Overhead case work and under counter storage of cleaning agents, disinfectants and toxic agents • 2-4 soiled utility ,tubs 32 Clean Utility Room Name and Number Glean Utility — 2028 Room Size 130 square feet Function Provide storage area for clean equipment. Location Criteria Convenient to control station Sicinificant Ecluipment 1 Furnishings • Sink with work counter and overhead and undercounter storage • Clean utility cart 33 Mechanical Room Name and Number Mechanical 1045B Room Size 274 square feet Function To provide space for heating, ventilation, air conditioning, plumbing and fire sprinkler equipment. Location Criteria Adjacent to the service area Special design Criteria Inaccessible to residents 34 Electrical Room Name and Number Electrical—1006D, 1011, 105013, 1062, 1081, 1111, 2006D, 2011, 2062, 2081, 2111, 3006D, 3011, 3062, 3081, and 3111 Room Size 34, 54, 220, 60, 78, 80, 34, 77, 63, 66, 100, 34, 54, 63, 53, and 66.5 square feet respectively Function House electrical service and breaker boxes Location Criteria • Adjacent to the service area Special Design Criteria Inaccessible to residents 35 Vestibule/Landing Roorn Name and Number Vestibule/Landing — 1116, and 2126 Room Size 135, and 214.5 square feet respectively Function Provide a passage way into the facility, which protects residents and visitors from the elements. Provide a passage way from the second floor to the first floor. Location Criteria Located at the main entrance • Located near the stairs at lobby Special Design_ Criteria Provide an accessible entrance Provide automatic entrance doors 36 T, Mail Room Room Name and Number Mail Room —1112C Room Size 189 square feet. Function Provide resident with a convenient location to pick-up and drop-off mail/packages. Location Criteria • Adjacent to reception office Special Deign Criteria ■ Provide a functional area that has a home like appearance STAIRS Room Name and Number Stairs (A) — (D) 1002A, 2002A, 3002A, 103413, 20346, 30346, 1105C, 2105C, 3105C, 1066D, 2066D, 3066D Room Size 101, 83, 83, 51, 47, 47, 136, 74, 111, 99, 83, and 83 square feet respectively. Function To provide access to and from the each floor Location Criteria • Convenient to main corridors 38 Security Room Name and Number Security —1121 Room Size 90 square feet Function Provide office area with desk and office equipment for security guard. Location Criteria Convenient to main entrance and lobby Si2ecial Design Criteria • Attendant call system 39 MAINTENANCE Rcom dame and Number Maintenance —1050A Room Size 165 square feet. Function Provide area for maintenance personnel Significant EquiymentlFurnishings ■ Workbench • Telephone • One head sink • Supplies Location Criteria Convenient to service area 40