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Planning Comm PKT 05-02-2007 City of Federal Way PLANNING COMMISSION May 2, 2007 7:00 p.m. City Hall Council Chambers AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES 4. AUDIENCE COMMENT 5. ADMINISTRATIVE REPORT 6. COMMISSION BUSINESS . PUBLIC HEARING Village at Federal Way Amendment to Conditions of Approval 7. ADDITIONAL BUSINESS 8. AUDIENCE COMMENT 9. ADJOURN Commissioners Hope Elder, Chair Dave Osaki Merle Pfeifer Wayne Carlson Kevin King (Alternate #2) Dini Duclos, Vice-Chair William Drake Lawson Bronson Richard Agnew (Alternate #1) Caleb Allen (Alternate #3) City Staff Kathy McClung, CDS Director Margaret Clark, Senior Planner E. Tina Piety, Administrative Assistant 253-835-2601 WI1.'W.Cifr.QJJj;JlJ:'J"lt/WOV. ('om K:\Planning Commission\2007IAgenda 05-02-07 doc ~ CITY OF ~ Federal Way MEMORANDUM April 24,2007 To: Hope Elder, Chair, City of Federal Way Planning Commission FROM: Kathy McClung, Director of Community Development Services Margaret H. Clark, AICP, Senior Planner SUBJECT: Request to Amend the Rezone Conditions for the Village at Federal Way (Kitts Comer) - Federal Way Files: 05-101205-00-UP & 05-101207-00-SE MEETING DATE: May 2,2007 I. BACKGROUND The Kitts Comer (Village at Federal Way) request was originally submitted in April 1999. It was reviewed as part of the 2001 Comprehensive Plan Amendments. In November 2001, the LUTC gave direction that a development agreement be prepared for the site. In September 2004, the applicant submitted an application for approval of a development agreement and associated plan. In March 2005, the City initiated a legislative comprehensive plan amendment and conditional rezone for the Kitts Comer site. The comprehensive plan amendment and conditional rezone were approved per Ordinance 05-490 on June 7, 2005, which outlined the conditions of approval (Exhibit I). II. REQUEST The applicant, Jon Potter, is requesting is to modify conditions numbers (e) and (f) of Ordinance 05-490, in order to increase the total gross square feet of the two anchor buildings from 100,000 square feet to 140,000 square feet and to increase the square footage of the building foot print of the non-anchor buildings from 10,000 square feet to 30,000 square feet for commercial mixed-use buildings and to 12,000 square feet for commercial/residential mixed-use buildings. Changes are also being requested pertaining to modulation of the building facades (Exhibits 2 and 3). As stated in the March 16,2007, correspondence from the applicant, Jon Potter, and the March 15,2007, correspondence from Ross White, Coldwell Banker Commercial, retailers that have 50,000 square foot footprints or smaller have not been interested in the Federal Way market, or they require an anchor that will generate sufficient traffic to warrant consideration of the site. Mr. Ross further stated that even with the request for larger buildings, the Village at Federal Way will be a mixed- use pedestrian friendly village concept development with several important qualities of a typical "lifestyle center." The Village at Federal Way will be a combination of "mid-box" tenants and typical small shop and free standing pad retailers and restaurants. III. SUMMARY File Number: 07-101996-00-UP Planning Commission Memorandum Village at Federal Way, Request to Amend the Rezone Conditions Meeting Date: May 2, 2007 Page I Parcel Numbers, Owners, & Acreage: Location: Size: Applicant: Table I Number Parcel No. Owner Acres 1 202104-9069 Kitts Corner LLC 1.03 acres 2 202104-9070 Campus Gateway Associates 21.79 acres 3 202104-9001 Jean Merlino 8.87 acres 4 202104-9090 Curtis & Elizabeth Nelson 0.52 acres 5 202104-9086 Horan RJE Investments Inc. 0.17 acres 6 202104-9080 Ralph Jones 1.5 acres 7 202104-9072 Chase WJ Trust 7.75 acres 8 202104-9004 Wayne B. Knight 4.44 acres TOTAL 44.57 acres1 South of South 336lh Street and west of Pacific Highway South, specifically the 19 BC-zoned acres on the east side of a dividing line which extends southwards from the South 336lh Street right-of-way and follows the eastern buffer of Wetland No. 2 as shown in the Settlement Agreement and Covenant recorded under recording number 9704211043, to a point approximately 351 feet north of the south property line of parcel 202104-9004, at which point said line follows the middle of the 13lh Place South extended right-of-way to the south property line of parcel 202104-9004 (Exhibit A of Exhibit 1 and Exhibit 4). Approximately 19 acres located east of the on-site wetlands. Refer to Table I and Exhibit A of Exhibit 1. Jon Potter Stateside Investments 3611 29th Avenue West Seattle, W A 98199 (206) 579-0088 Compreh.ensive Plan: Community Business Existing Zoning: Community Business (BC), with conditions as outlined in Ordinance 05-490 I Table I shows ownership of the entire Village at Federal Way parcels. The requested amendments to the conditions of approval of the legislative rezone affect only the eastern portion of the site, which is zoned Community Business (BC). Planning Commission Memorandum Village at Federal Way, Request to Amend the Rezone Conditions Meeting Date: May 2, 2007 Page 2 IV. REASON FOR PLANNING COMMISSION ACTION Federal Way City Code (FWCC) Chapter 22, Article IX, "Process VI Review," establishes a process and criteria for approving and amending legislative rezones. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the request for amendments to the approval of the legislative rezone; 2. To determine whether the proposed amendments meet the criteria provided by FWCC Sections 22-525; and, 3. To forward a recommendation to the City Council regarding adoption of the proposed amendments. V. PROCEDURAL SUMMARY May 2, 2007 Planning Commission Public Hearing May 21,2007 Land Use Transportation Committee (LUTC) Public Meeting June 5, 2007 City Council First Reading of Ordinance June 19,2007 City Council Second Reading of Ordinance VI. SEP A COMPLIANCE A Determination of Non significance (DNS) for the non-project action to change the designation of the entire site from Business Park (BP) to Community Business (BC) on the east side of the on-site wetlands, and Multi~Family (RM 2400) on the west side ofthe on-site wetlands was issued on July 4,2001. This action was part of the 2001 City of Federal Way Comprehensive Plan Amendments. A modified comprehensive pian amendment and rezone request was considered as part of the 2004 Comprehensive Plan Amendment Update Process, for which an addendum was prepared to analyze whether significant potential adverse significant impacts would result from the changed actions. This comparison identified no new or different environmental impacts beyond those evaluated in the July 4,2001, DNS. The applicant has submitted an application for approval of a master plan for the site based on the conditions of approval in Ordinance 05-490. Any potential impacts associated with the amendments to the conditions of the legislative rezone would be analyzed through the SEP A review process for the master plan. Planning Commission Memorandum Village at Federal Way, Request to Amend the Rezone Conditions Meeting Date: May 2, 2007 Page 3 VII. SITE CHARACTERISTICS 1. Neighborhood Characteristics The site is presently vacant except for parcel 202014-9086, on which Horan Realty, a real estate office building, is located and parcel 202104-9090 (Nelson), on which an automotive business is operated. In addition, a City-controlled regional detention pond, Kitts Comer, is located on the western portion of parcel 202104-9004 (Knight). Uses to the north across South 336th Street are a mix of retail, office, church, and restaurants. To the south is vacant land which has been permitted as Progressive Insurance Auto. To the east across Pacific Highway South, moving from north to south, are small retail establishments, vacant property, a bank, Pacifica Park Office Building, and Canopy World. In addition, Walt's Automotive is located on the triangular piece of property between Pacific Highway South and 16th Avenue South. To the west, moving from north to south, are Mitchell Place (a senior housing development) and industrial uses, including Frito Lay. 2. Availability of Utilities Sanitary Sewer: Located within the Lakehaven Utility District. Sewer facilities will need to be extended to serve the site. There is adequate sewer capacity at this time. Public Water: Located within the Lakehaven Utility District. Water facilities will need to be extended to serve the site. There is adequate water capacity at this time. Storm Drainage: Site is located in the West Hylebos Creek Sub-Basin 3. Availability of Public Services Police: Provided by City of Federal Way Fire/Emergency Medical: Provided by South King Fire and Rescue Schools: Provided by Federal Way School District 4. Critical Areas A Class II Wetland is located on the west central portions of parcel 202104-9070 (Campus Gateway) and parcel 202104-9001 (Merlino), and on the northern portion of parcel 202104- 9072 (Chase NW Trust). A branch of the Hylebos Stream flows southwards through the wetlands. Class II Wetlands have 100-foot setbacks. The on-site stream also has a 100-foot buffer. The stream buffer is either contained within the existing wetland buffers or flows through the regional detention pond located on the western portion of parcel 202104-9004 (Knight). There are also two smaller wetlands located on the Campus Gateway and Merlino parcels. The City entered into a June 17, 1996, Settlement Agreement and Covenant with the property owners that stated that once all permit fees were paid and the development application was in compliance with all applicable laws and codes, these smaller parcels could be filled because mitigation for their filling was already built into the mitigation plan for the Planning Commission Memorandum Village at Federal Way, Request to Amend the Rezone Conditions Meeting Date: May 2, 2007 Page 4 overall project. If future development is proposed in the vicinity of an on-site stream or wetland, compliance with FWCC Chapter 22, Article XIV, "Critical Areas," and the settlement agreement and covenant will be required. 5. Drainage The site is located in the West Hy1ebos Creek Sub-Basin. Since more than 5;000 square feet of impervious surfaces would be created with development of the site, surface water runoff and treatment would be required per the 1998 King County Surface Water Design Manual (KCSWDM), the Federal Way Addendum to the KCSWD, and any conditions stipulated in the settlement agreement and covenant entered into between the City and the property owners. The site falls within a Level 1 Flow Control Area, thus the applicant must design the flow control facility to meet these performance criteria. 6. Access Proposed access to the BC-zoned portion of the site (area east of the large on-site wetland) is from South 336lh Street, a principal arterial located to the north of the site, and Pacific Highway South, also a principal arterial located to the east. The conceptual plan (Exhibit 4) shows a road connecting the western (area west of the large on-site wetlands) and eastern (area east of the large on-site wetland) areas. This connecting roadway would provide the BC-zoned portion of the site an additional access to South 336lh Street through the residential area to the west. Pacific Highway South in the vicinity ofthe Village at Federal Way site is fully developed based on the Federal Way Comprehensive Plan (FWCP), to the planned road section of a Type A street (four lanes plus High Occupancy Vehicle lanes), consisting of a 90-foot street with curb, gutter, six-foot planting strip with street trees, eight-foot sidewalk, and streetlights in a 124-foot right-of-way. In 2004, the City constructed two northbound left-turn lanes at 336lh Street, increasing the street and right-of-way by 12 feet. The planned road section for South 336lh Street is a Type E Street consisting of a 64-foot wide street (four lanes plus median) with curb, gutter, six-foot planting strip with street trees, eight-foot sidewalk, and streetlights in a 98- foot right-of-way. In addition, the Capital Improvement Plant (CIP) anticipates the need for a second eastbound left-turn lane and an additional eastbound through lane at Pacific Highway South, increasing the planned width of street and right-of-way by 24 feet. As part of the development ofthe site, 13lh Place South would be extended southward from South 336lh Street through the site, and South 340lh Street would be extended westward from Pacific Highway South through the site. An additional east/west access would also be required between South 336lh and South 340lh Streets. 7. Potential Traffic Impacts At the time that an application for development permit is submitted, the Traffic Division, or the applicant, will conduct a Concurrency Analysis, which will analyze evening peak hour impacts of the project and the pro-rata share contributions towards transportation projects in the Transportation Improvement Plan (TIP) to assure that there is adequate capacity to accommodate the proposed development. Supplemental mitigation may be required if the proposed project creates an impact not anticipated in the TIP. The applicant may also be required to analyze impacts outside the evening peak hours. Planning Commission Memorandum Village at Federal Way, Request to Amend the Rezone Conditions Meeting Date: May 2, 2007 Page 5 VIII. PUBLIC COMMENTS RECEIVED No written public comments were received. IX. PROPOSED AMENDMENTS TO THE REZONE CONDITIONS The following are those rezone conditions related to size and bulk of buildings that pertain to the BC-zoned portion of the site. The applicant's requested amendments are shown as strikeout (proposed deletions) and underline (proposed additions) (Exhibit 3). 2. The Master Plan shall be developed with a cohesive and integrated design that promotes the following: a. Pedestrian scale, and pedestrian orientation and massing of buildings. b. Site-wide pedestrian connectivity. c. Building massing shall be designed to avoid large expanses of parking areas adjacent to and/or visible from the public right-of-ways. On-site parking shall not be allowed between buildings and public right-of-ways, except the Director of Community Development Services may approve one double-loaded parking row between a building and right-of-way due to extenuating circumstances: d. The appearance of strip commercial development shall be minimized by breaking large linear buildings into numerous smaller buildings. e.. The commercial portion of the site may include a maximum of two primary anchor buildings. The indiyidl:lal anohor buildings are permitted a maKimum 50,000 square feet of building footprint, and the total gross floor area of all anehors shall not exceed 100,000 square feet of gross floor area. These anchors shall not exceed 140,000 square feet of grOSS floor area, excluding integrated structured parking. The maximum footprint of anv one anchor shall not exceed 80,000 square feet. Anchor facades shall not exceed a width to depth ratio of M4 1.25: 1. f. Non anchor buildings should not exoeed 10,000 square feet of building f-ootprint. Commercial mixed use buildings should not exceed 30.000 square feet of building footprint (excluding integrated structured parking) and shall not exceed a width to depth ratio of 1.5: I. g. Commercial/ residential mixed use buildings should not exceed 12,000 square feet of building footprint (excluding integrated structured parking) and shall not exceed a width . to depth ratio of 2: 1. h. Non-anchor, non-mixed use buildings should not exceed 10,000 square feet of building footprint. The Director of Community Development Services may approve a maximum of two, non-anchor, non-mixed use buildings in excess of 10,000 square feet, up to a maximum of20,000 square feet each, when the applicant demonstrates the following: Planning Commission Memorandum Village at Federal Way, Request to Amend the Rezone Conditions Meeting Date: May 2, 2007 Page 6 (i) The additional square footage is necessary to accommodate the needs of a specific tenant. (ii) The facades of the structure include significant structural modulation equal to at least ten percent of the length of the subject fayade. (iii) The overall design of the building is consistent with the pedestrian scale and integrated design of the overall site. (iv) Non-anchor. non-mixed use facades shall not exceed a width to depth ratio of2:1. ~ ~ Primary commercial building entries shall be clearly visible and recognizable from the public right-of-ways; or active building facades, including windows and pedestrian scale design amenities such as screening, plazas, or art features such as trellises, artwork, murals, landscaping or combinations thereof, shall be required fronting the right-of-way. fl.:. i On-street parallel parking is encouraged where feasible. f.:. k. A minimum of five percent of the gross land area of the commercial portion of the site shall be pedestrian oriented open space. There shall be one primary pedestrian gathering focal point, and additional supporting pedestrian oriented gathering locations distributed proportionally throughout the commercial portion of the site. Open space areas and plazas shall include seating, landscaping, art, ornamentation, pedestrian scale lighting, water features, and outdoor dining. ~ 1. Vehicular service stations are not permitted. Fuel pump stations are only permitted when accessory to an anchor tenant. Any approved fuel pump station shall not be oriented to the public right-of-way, and shall not exceed two fuel islands with a total of up to eight vehicular fueling positions. X. STAFF ANALYSIS AND FINDINGS 1. Ariy development of the BC-zoned portion of the Village at Federal Way site would have to comply with the development standards of the BC zone, in addition to any conditions imposed as part of the legislative rezone as amended. 2. The City is in the process of reviewing the Community Business/Commercial Enterprise zoning text amendments. One of the proposed amendments would be to no longer allow bulk retail sales in the BC zone. This would prohibit high volume retail sales in a warehouse setting, which may include membership clubs. Bulk retail sales are not consistent with a village concept. 3. The City's community design guidelines include specific provisions to incorporate pedestrian areas and amenities, such as pedestrian plazas and public seating areas to be included into the overall site plan; the encouragement of retail pads adjacent to the right-of-way for multi-tenant development; and the requirement for entrance facades to front on, face, or be clearly recognizable from the right-of-way. A village concept is consistent with these guidelines. Meeting Date: May 2, 2007 Page 7 Planning Commission Memorandum Village at Federal Way, Request to Amend the Rezone Conditions 4. The intent of the original conditions as outlined in Ordinance 05-490 was to avoid a strip mall concept and to develop a village concept. The increase in size of the various buildings as proposed by the amendments and as conceptually shown on Exhibit 4 should still meet the intent of the original conditions. 5. Compliance with existing City code and additional conditions of approval of the legislative rezone, either existing or amended, is consistent with a village development concept. XI. COMPLIANCE WITH FWCC SECTION 22-526 Criteria for approving a legislative rezone: The City may decide to approve a legislative rezone only if it finds that: (1) The proposal is consistent with the comprehensive plan. The proposed amendments would conform to the conditions of the legislative rezone by providing development that is similar in design to that originally envisioned. They will also provide convenient residentially scaled shopping for residential areas and housing in the City's commercial areas close to shopping and employment. Said residential areas would be located on-site in mixed-use buildings or in townhouse style development west of the on-site wetlands. There are also older residential areas located east of Pacific Highway South. (2) The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed amendments bear a substantial relationship to public health, safety, or welfare because they comply with the vision of the comprehensive plan by: . Promoting development of well designed commercial and office developments. . Accommodating additional households and jobs which would help the City to meet its adopted household and job targets. (3) The proposed amendment is in the best interest of the residents of the city. The proposed amendments are in the best interest of the residents of the city because they comply with the following comprehensive plan goal and policy by proposing commercial! residential mixed-use development in a village setting: LUG6 Transform Community Business areas into vital, attractive, mixed-use areas that appeal to pedestrians and motorists and enhance the community's image. LUP39 Encourage transformation of Pacific Highway (SR-99) Community Business corridor into a quality mixed-use retail area. Retail development along the corridor, exclusive of the City Center, should be designed to integrate auto, pedestrian, and transit circulation. Integration of public amenities and open space into retail and office development should also be encouraged. Planning Commission Memorandum Village at Federal Way, Request to Amend the Rezone Conditions Meeting Date: May 2, 2007 Page 8 XII. STAFF RECOMMENDATION Staff recommends approval of the amendments to the conditions of the legislative rezone as requested by the applicant and shown in Exhibit 3 and Section IX of this staff report. XIII. PLANNING COMMISSION ACTION Consistent with the provisions ofFWCC Section 22-539, the Planning Commission may take the following actions regarding the proposed amendments to the conditions of the legislative rezone: Recommend to City Council adoption of the amendments as proposed; 2. Recommend to City Council that the proposed amendments not be adopted; 3. Forward the proposed amendments to City Council without a recommendation; or 4. Modify the proposed amendments and recommend to City Council adoption of the amendment as modified. LIST OF EXHIBITS Exhibit 1 Exhibit 2 Adopted Ordinance 05-490 . March 16,2007, Correspondence from Jon Potter and March 15,2007, Correspondence from Ross White Applicant's Requested Amendments Village at Federal Way Conceptual Site Plan Exhibit 3 Exhibit 4 1:\Kitts Comer\Planning Commission\Transmitted Report to Planning Commision.doc Planning Commission Memorandum Village at Federal Way, Request to Amend the Rezone Conditions Meeting Date: May 2, 2007 Page 9 EXHIBIT I PAGE--L.OF tt ORDINANCE NO. 05-490 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING AMENDMENTS TO THE CITY'S GROWTH MANAGEMENT ACT COMPREHENSIVE PLAN, APPROVING A CHANGE IN COMPREHENSIVE PLAN DESIGNATION AND ZONING OF APPROXIMA TEL Y 46 ACRES LOCATED SOUTH OF SOUTH 33(jTlI STREET AND 'VEST OF PACfFIC HlG I-I WA Y SOUTH FROM BUSINESS PARK (UP)TO COMMUNITY BUSINESS (Be) AND MULTI-FAMILY (RM 240fl), BASED ON SI'ECIFIC CONDITIONS (AMENDING ORDINANCE NO'S. 90-43. 95-248, 96-270, 98-330, 011-372, 01-405, 03- 442,04-460,04-461,04-462). WHEREAS. the Growth Management Act of 1990. as amended, (Chapter 36_70A RCW or "GMA") requires the City of Federal Way to adopt a comprehensive plan which includes a land use clement (including a land use map), housing clement, capital facilities plan element, utilities e1emcnt, and transportmion element (including tnlnsportation system marls]); and WHEREAS. the GMA also requires the City of Federal Way to adopt developmcnt regulations implementing its comprehensive plan; and WHEREAS, the Federal Way City Council adopted its comprehcnsive plan with land use map (the "Plnn") on November 21. 1995, and adopted dcvelopment regulations and a zoning map implementing thc Plan on July 2. 1996; and subsequcntly amcnded the comprehensivc plan, land use map, and zoning lTlap on December 23. 1998. September 14, 2000, November I. 200 I. March 27, 2003, and July 20. 2004; and WHEREAS, the City may consider Plan and devclopment regulation amendments pursuant to Article IX, Chapter 22 of the Federal Wuy City Code (FWCC): and WHEREAS, under RCW 36.70A.130, the Plan and development regulations Jre subject to continuing review and evaluation, but the Plan may be amended no morc than one time per year; and WHEREAS, the Council shall be considering three separate actions to amend the comprehensive plan. all of which will bc acted upon simultaneously in order to comply with RCW 36.70A.130: and WHEREAS, these actions include Ordinance No_ 05-492, amendments to Chapter 5, "Housing," of the Federal Way Comprehensive Plan; and ORD #05-490, PAGE I EXHIBIT ----L- PAGE-L-OF 1- WHEREAS, thes~ actions include Ordinance No. 05-491, approving a change in comprehensive plan designation and wning of 4.03 acres located north of South 312'h Street and east of I" A venue South from Professional Office (PO) to Neighborhood Business (BN). based on speci fic conditions as contained in Ordinance No. 05-491: and WHEREAS. these actions include Ordinance No. 05-490, approving a change in cornprehensive plan designation and zoning of approximately 46 acres located south of South 33()th Street and west of Pacific Highway South from ilusiness Park (BP) to Community Business (BC) and Multi-Family (RM 2400), based on specific conditions as contained in Ordinance No. 05-490: and WHEREAS, as a result of this action, approximately 19 acres cast of a dividing line would be designated Community Business (BC) and approximately 27 acres west of a dividing line would be designated Muhi- Family (RM 2.400); the dividing line described as a line extending southwards from the South 336'1, Street right-of-w<'lY, said line which follows the eas~ern buffer of Wetland No.2 as shown in the Settlement Agreement and Covenant recorded under Recording No. 970421104:.11.0 a point approximately 351 feel. north of the south properly line of Parcel No. 202104-9004, at which poirlt saidlJlle follows the middle of the 13'10 Place South extended right-of-way to the south property line of Parcel N\.I. 202104-Y004; and WHEREAS, in April 11)99, the City of Federal Way accepted a request from four property owners (Campus Gateway, Merlino. Chase WN Trust, and Wright) to change the comprehensive plan and zoning of approximately 42 acres located south or South 336'h Street and west of Pacific Highway South, thereafter known as the Kitts Corner request; and WHEREAS, in June 1999, the City Council determined that the request should be analyzed further and added the Kitts Corner LLC, Nelson, CarsOli, Jones, and Slisco parcels to the Campus Gateway, Merlino, Chase WN Trust, and Wright properties for a lOtal or 46.12 acres; and WHEREAS, in July 200 I, the City's SEP A Responsible Official issued a Determination of Nonsignificance on the 2001 comprehensive plan amendments, which included Kitts Corner; and Olll) #05-490, PAGE 2 " ~i"""''''''<---L b..... ..", 1oi.,N' i~~;" ~ -1!- u:,;;;.^1 1)' Wit U -- PAGE-LOF ..!- WHEREAS, in August 200 I. the applicant withdrew the request for a Multi-Family comprehensive plan designation and RM zoning for the area west of the on-site wetland (Wetland No.2 as shown in the Selllement Agreement and Covenanr recorded under Recording No. 97(4211043); and WHEREAS. in September 2001, the applicant submitted a new application for a comprehensive plan designation of Multi-Family and zoning of Ri\'l 2400 for the area west of Wetland No.2; and WHEREAS, in November 200 I, the City of Federal Way's Land Use/Transportation Committee gave direction that a development agreement and development plan be prepared for Kitts Corner. east of Wetland No.2; and WHEREAS, in March 2003. per Ordinance No. 03-442, the City of Federal W<JY adopted a comprehensive plan designation and zoning of Multi-Family and RM 2400 for the area west of Wetland No.2. based on it being included in the overall Kitts Corner development agreement and development plan; and WHEREAS, in September 2004_ the applicant submitted an application for approval of a development agreement and development plan for Kilts Corner; and WHEREAS, in March 2005. a SEPA Addendum was issued for Kitts Corner; and WHEREAS, in March 2005, lhe Cily informed the applicant that they were initiating a legislative cOlflprehensi ve plan amendment and conditional rezone; and WHEREAS, lhe proposed KillS Corner legislative comprehensive plan amendments and conditional rezone address all of the goals and requirements set forth in the GMA; and WHEREAS,. the City of Federal Way. through its staff, Planning Commission. City Council committees, and full City Council has received, discussed, and considered the testimony, written comments, and material from the public, as follows: I. On September 19,2001, theCity's Planning Commission considered the Kitts Corner request for a comprehensive plan designation of Community Business and zoning of Be. based on a development agreement for the area east of Wetland No.2: Ow 1105-490. PAGE 3 EX'HIBIT I. PAGE~OF -'- 2. On November 6 and November 20.2002, the City's Planning Commission considered the Kitts Corner request for a comprehensive plan designation of Multi-Family and zoning of RM 2400 for the area west of Wetland No.2, based on its inclusion in the development agreement and development plan to be prepared for the site; J. On May 2. 2005, the Land Use/Transportation Committee of the Federal Way City Council considered the request to change the comprehensive plan designation and zoning of approximately 46 acres located south of South 336'h Street and west of Pacilic Highway South from Business Park (BP) to Community Business (BC) <lnd Multi-Family (RM 2400), with approximately IS acres located east of the 13'h Place South extended right-oF-way to be designated Community Business (BC) and approximately 28 acres lo~ated west of the 13:h Place South extended right-of- way 10 be designated Multi-Family (RM 2400), based on conditions recommended by staff, following which it recommended adoption of the staff recommendations; 4. On May 17,2005, the full City Council considered the request to change the comprehensi ve plan designation and zoning of approximately 46 acres located south of South 336'h Street and west of Pacific Highway South from Business Park (BP) to Community Business (BC) and Multi-Family (RM 2400). At that time based on a request by the applicant, lhe Council considered a modified request to allow approximately 19 acres located east of a line extending southwards from the South 336'11 Street right-of-way, said line following the eastern buffer of Wetland No.2 as shown in the Sctllement Agreement and Covenant recorded under Recording No. 9704211043 to a poi III approximately 351 feet north of the south property line of Parcel No. 202104-9004. at which point said line follows the middle of the I J'" Place South extended right-of-way to the south property line of Parcel No. 202104-9004 to be designated Community Business (BC) and approximatcly27 acres located west of this line to be designated Multi-Family (RM 2400): and 5. On June 7, 200S, the full City Council again considered the matter at its meeting: and WHEREAS, the City Council desires [Q approve the change in comprehensive plan designation and zoning of approximately 46 acrcs located south of South 336'h Street and wcst of Pacific Highway South from Busincss Park (B P) to Community Business (BC) and Multi-Family (RM 2400), based on specific conditions as contained in Section 2 of this ordinance. NOw. THEREFORE, the City Council of the City of Federal Way, Washington, does hereby ordain as follows: ORO #05-490, PAGE 4 EXHIBIT ---1- PAGE .s...OF --..!L Section I. Findings. A. The proposed amendments to the comprehensive plan map, as set forth in Exhibit A attached hereto, to change the comprehensive plan designation and zoning of approximately 46 acrt:s located south of South 336'" Street and west of Pacific Highway South from Business Park (BP) to Community Business (BC) and Multi-Family (RM 24(0), based on conditions of approval set forth in Section 2 below will allow development of the site in response to market conditions and the Council's vision for development of the sile, while providing for transportation facilities to serve the site and improving circulation in the vicinity, and therefore bears a substantial relationship to public health, safety. and welfare; are in the best interest of the residents of the City; and are consistent with the requirements of RCW 36.70A. the King County Countywide Planning Policies, and the unamended portion of the Plan. B. The proposed amendments to the comprehensive plan map. as set forth in Exhibit A attached hereto, are compatible with adjacent land uses and will not negatively affect open space, streams, lakes, or wetlands, or the physical environment in general. They will allow for growth and development consistent with the Plan's overall vision and with the Plan's land use element household andiob projections, and wi II allow reasonable use of property subject to constraints necessary to protect environmentally sensitive areas. They therefore bear a substantial relationship to public health, safety. and welfare; are in the best interest of the residents ofLhe City: and are consistent with the requirements of RCW 36.70A, the King Coullty Countywide Planning Policics, and the unamended portion of the Plan. C. The proposed amendments to the Zoning Map, set forth in Exhibit B attached hereto, are consistent with the applicable provisions of the comprehensive plan and the comprehensive plan land use map proposed to be amended in Section 3 below, bear a substantial relation [0 public health, safety, and welfare, and are in the best interest of the residents of the City. Section 2. Conditions of Approval. The request to change the comprehensive plan designation and zoning of approximately 46 acres located south of South 336'" Street and west of Pacitic Highway SOllth from ORD #05-(190, P,\GE 5 EXHIBIT I PAGE--'--OF -'-- Business Park (BP) to Community Busincss (I3C) and Multi-Family (RM 2400), with approximatcly 19 acrcs to be designated Community Busincss (BC) and approximately 27 acres to be dcsignated Multi-Family (RM 2400), shall be approved based on the following conditions: I, Prior to construction of any new buildings, a single Master Plan for the enrire Multi- Family (RM 24(0) and Community Busincss (BC) zoned site shall be submitted to anc! approved by thc City, Application for critical area intrusions as applicable is also required in conjunction with m;lster plan review. A project action State Environmental Policy Act (SEP A) rcview shall also be conducted in conjunction with master plan and critical area review. Subsequent to Master Plan approval, building design and minor modifications to the site plan shall be reviewed via a Process n, Site Plan Review. For the purposes of the Master Plan. the subject site is comprised of the following parcels: 202 J 04-9069,202104-9070,202104-900 I, 202104-9090, 202104-9086, 202104-9080, 202104-9072, and 202104-9004. 2. The Master Plan shall be developed with a cohesi ve and integrated design that promotes the following: a. Pedestrian scale, and pedestrian orientation and massing of buildings. b. Site-wide pedestrian connecti vily. c. Building massing shall be designed to avoid large expanses of parking areas adjacent to and/or visible from the public right-of-ways. On-site parking shall not be allowed between buildings and public right-of-ways, except the Director of Community Development Services may approve one double- loaded parking row between a building and right-of-way due to extenuating circumstanccs. d. The appearance of strip commercial development shall be minimized by breaking large linear buildings into numerous smaller buildings. c. The commercial p0l1ion of the site llIay include a maximum of two primary anchor buildings. The individual anchor buildings are permitted a maximull150,OOO square feet of building footprint, and the total gross floor area of an anchors shall not exceed 100,000 square feet of gross floor arca. Anchor facades shall not exceed a width to depth ratio of 1.5: I. f. Non-anchor buildings should not exceed 10,000 square feet of building footprint. The Director of Community Development Services may approve a maximum of two, non-anchor buildings in excess of 10,000 square feet of building footprint, up to a maximum of 20,000 square feet of building footprint each, when the applicant demonstrates the following: (i) The additional square footage is nccessary to accommodate the needs of a specific tenant. ORD #05--l9tl. PAGE 6 E~HIBIT I PAGE--1-0F .!L- (ii) The facades of the structure include significant structural modulation equal to at least ten percent of the length of the subject fayade. (iii) The overall design of the building is consistent with the pedestrian scale and integrated design of the overall site. (iv) Non-anchor facades shall not exceed a width to depth ratio of 2: I. g. Primary commercial building entries shall be clearly visible and recognizable from the public right-of-ways; or active building facades, including windows and pedestrian scale design amenities such as screening, plazas, or art features such as trellises, artwork, murals, landscaping, or combinations thereof, shall be required fronting the right-of-way. h. On-street parallel parking is encouraged where feasible. I. A minimum of five perceill of the gross land area of the commercial pOltion of the site shall be pedestrian-oriented open space. There shaH be one primary pedestrian gathering focal point, and additional supporting pedestrian-oriented gathering locations distributed propOltionally throughout the commercial pOl1ion of the site. Open spaee areas and plazas shall include seming, landscaping, art, ornamentation. pedestrian scale lighting, water features, and outdoor dining. J. Vehicular service stations are not permitted. Fuel pump stations are only permitted when accessory to an anchor tenant. Any approved fuel pump station shall not be oriented to the public right- of-way, and shall not exceed two fuel islands with a lotal of up to eight vehicular fueling positions. 3. Development of the site shall include design, construction, and dedication of the following public roadways in accordance with appropriate FWCC street sections: a. J 3'h Place South from South 336'" Strectto the south property line; b. South 340'h Street from Pacific Highway South to the intersection of 13'" Place South extended; c. A roadway connecting from South 336'h Street through the residential area, connecting to 13'" Placc South extended. These public roadways are necessary to serve the proposed development and shall be constructed as outlined below. Additional conditions (on-site and off-site) intended to mitigate significant adverse environmental impacts may be required as determined through the SEP A process and will be applied to any proposed project in the future. a. Prior to occupan<;y of any residential building on the site, South 340'" Street from Pacific Highway SOllth to the intersection of 13'" Place South extended, and the roadway within the residential area connecting to South 336'" Street, shall be constructed to meet all applicable standards. Traffic calming ORD #05-490, P^GE 7 EXHIBIT ---L- PAGE--'-OF ~ devices such as speed humps, speed tables, traffic circles, chicanes, curb extensions, signs, pavement markings, or other calming devices as approved by the Public Works Director shall be incorporated within the residential roadway. Signal modifications at Pacific Highway South and South 340'h Street intersection may be required to provide safe access. Alternatively, the developer may construct the extension of 131h Place South from South 3361h Street to its intersection with the proposed residential road as a traffic circle. This would eliminme the need for the construction of South 340lh Street from Pacific Highway South to the intersection of 131h Place South extended, and the segment of 13'h Place South between South 340'h Street and the intersection of the residential roadway (traffic circle). b. Prior to occupancy of any commercial building, 13,h Place South from South 336'h Strcet to the south property line, and South 340'h Street from Pacific Highway South to the intersection of 13'h Place South extended. shall be constructed to all applicable standards. A new traffic signal (South 336'h Street & 13'h Placc South) and/or signal modifications (Pacific Highway South & South 340'h Street) may be required as determined through the SEPA process. 4. All new public streets shall include traffic calming features. 5. Uses other than multi-unit housing and day care facilities that are otherwise permitted in the RM zone are not allowed. 6. The multi-family portion of the site, west of Wetland No.2, shall be accessed from one location along South 336'h Street and shall include a public roadway connecting through the residential area, across the existing berm of Wetland No.2, and connecting to 131h Place South extended. 7. No more than one anchor building, or a maximum of 75,000 square feet 01' commercial building area, may receive a Cel1ificate of Occupancy on the site without the prior constnlction of a minimum of 75 residential units. 8. The residential area shall be designed to minimize reception of potential noise impacts from adjacent nonresidential uses. Section 3. Comprehensive Plan Amendments Adoption. The /995 City 01 Federal Way Comprehensive Plan, as thereafter amended in J 998,2000,2001,2003, and 2004, copies of which are on file with the Office of the City Clerk, hereby are and shall be amended as set forth in Exhibit A attached hereto. Section 4. Amendment Authority. The adoption of Plan amendments in Section 3 above is pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and pursuant to F\VCC Section 22-541. OIW 1105-490, PAGE 8 EXHIBIT ---L- PAGE-t-OF -1- invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shaH not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 6. Savings Clause. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998,2000,200 1,2003, and 2004 shall remain in force and effect until the amendments thereto become operative upon the effective date of this ordinance. Section 7_ Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 8. EffeCtive Date. This ordinance shall take effect and be in force fIve (5) days from and after its passage, approval, and publication, a..<; provided by law. PASSED by the City Council of the City of Federal Way this June ,2005. 7th . day of Mayor, Dean McColgan . /(2{~ City Clerk, N. Chnstme Green, CMC ~ APPROVED AS TO FORM: ~~~ City Attorney, Patricia A. Richardson ORDINANCE No: 5/31/2005 6/7/2005 6/11/2005 6/16/2005 05-490 FILED WITH THE CITY CLERK: PASSED BY TIlE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE:' 1:\2004 Comprehensive Plan\2004 Updale\Cily Counc.l\2nd Reading of Ordinance\Kilts Comer Adoption Ordinance.doclSl311200S 3:3\ PM ORoII 05-490 . PAGE 9 -----.-, EXHIBIT A 01 kk,t..t , TO ADOPTION ORDINANCE :~~ !.. .,"- i ::~t::;:> : :~z.~":.~~:,~~.__ ..... N '. i;l'01-0:' ~::':::' "''''''''<< T 'It, ;>1l<;-..:'..):-.-'\'~,'::'~~'" ,",-';'::,:;.) . . "<..._.. _,~<'~~ \',o,...t~" ~ '. .....--,. ,:.'.<'1... .".J....., "'\. ........,. .,.......1 _':\:'~.::~'..\:';O>:',z.,; ". 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'" ~ en II> Q) c "0 ::> ta j..~~:\ 'co . ! ,.::.I~' . tf~ -'" ~[;~L> II> Q) '~tQ.~~]1 ta oX ... ~ I r ':g~ ,;,r"71 : : L :R-::-':c.,j:f . ! f~ :';;~: \:;';.~ i~~"'--:!- Federal Way Village, LLC March 16,2007 Greg Fewins Deputy Director of Community Development City of Federal Way 33325 Eighth Avenue South Federal Way, Washington HAND DELIVERED Re: Village @ Federal Way - Anchor Store Size Limit Request EXHIBIT I PAGE-LOF I Dear Greg: Thank you for your consideration to amend the rezone conditions that limits the anchor(s) to 50,000 s.f. footprint(s) and 100,000 s.f. GFA. I attached a letter from Ross White who is working with our local realtor Michael Swanson. Ross has been representing our project on a national level. He is one of Coldwell Banker's leading commercial retail brokers nationally. His office has been the number one commercial sales and leasing office for Coldwell Banker for the past six years. You are welcome to call him in Salt Lake to get his thoughts regarding the size of anchors needed to generate interest from other retailers and his experience with Village developments. Ross took the position that 80,000 s.f. should be the maximum footprint. We know from the numerous site plans prepared by Donahou Design that we will not be able to create a village appearance with a building that big. We also know that there has been no interest by any retailer with a 50,000 s.f. footprint or smaller that is considered an anchor by other smaller prospective retailers. All retailers we have spoken with that have 50,000 s.f. footprints or smaller have either not been interested in the Federal Way Market or require an anchor that will generate sufficient traffic to warrant consideration of our site. As I indicated to you we have a prospect that is just under 60,000 s.f. that would fit the bill. We would like to build a margin into the maximum size requirement in the event we are unable to reach an agreement with this prospect. We are comfortable with the understanding the City's design review process will ensure whatever anchor we propose for the site will meet the village appearance criteria. I would like to see something in the 70,000 s.f. footprint and 130,000 s.f. GFA range. We will focus our efforts to keep the anchor(s) to a smaller size and we will work closely with you to ensure whatever anchor we bring to the table meets the design review criteria that ensure a strong pedestrian orientation and a village appearance. Thank you for your consideration. Attachment 3611 29th Avenue West Seattle, Washington 98199 Phone: (206) 579-0088 Fax: (206) 284-6099 ~ NRT EXHIBIT Z, PAGE-L-OF l March 15,2007 Greg Fewins Deputy Director Community Development City of Federal Way 33325 8th Avenue South Federal Way, WA 98063 Greg: Please allow me to introduce myself; my name is Ross White, I am an Associate Broker with the National Retail Group of Coldwell Banker Commercial based in Salt Lake' City. My office is working in partnership with the Federal Way office of Coldwell Banker Commercial and Michael Swanson of that office in the development of The Village @ Federal Way located on 336th Street and Pacific Highway South. The Village @ Federal Way will be a mixed use, pedestrian friendly village concept development with several important qualities of a typical "lifestyle center". Our concept and our intentions are not to develop a "big box" shopping center, we would prefer to complement the existing "big box" developments in the immediate area rather than directly compete with them. In reference to the often misused term "big box", a true "big box" tenant is in excess of 80,000 square feet and typically becomes a category killer, selling everything under one roof from clothes to toys to toasters to milk. The Village @ Federal Way will not be a home to these types of tenants. Our focus is to attract an anchor retailer that excels in one area of business, such as clothing retail or entertainment as a destination. There are a few of these tenants that have footprints close to the 80,000 square feet size, but would not be considered by themselves or anyone else as a "big box". The Village @ Federal Way will be a combination of "mid box" tenants and typical small shop and free standing pad retailers and restaurants. A "mid box" retailer is any building footprint between 15,000 and 80,000 square feet. This is a fairly standard description in retail development across the country. "Mid-box" retailers that we hope to attract to The Village @ Federal Way will include (but certainly will not be limited to) such categories as sporting goods, home furnishing, entertainment, fitness/gym concepts and potentially high end grocery. Many of these require footprints to their buildings in excess of 50,000 square feet as a requirement, however as you can see, they specialize in their industries and would not be considered a "big box" regardless of their footprints. Our desire is to have two of these "mid box" retailers within The Village @ Federal Way and complement them with the mixed use of smaller retailers, office sIJace and free standing buildings. I would be happy to discuss The Village @ Federal Way with you at your convenience should you have any further questions, we look forward to being an exciting part ofa growing Federal Way, Washington. Sincerely, R~ Ross White Associate Broker National ~ewl Group Salt Lake City ';C;C;O ~IITU MTlI ROlle nRTVF C:;IITTF '00 C:;AI T I AIeF ITTY IITAH R4Dl PHONF ROl Q47 R~OO FAX ROl Q47 R~Ol EXHIBIT S PAGE---LOF , e. The commercial portion of the site may include a maximum of two primary anchor buildings. The indi~:idual anchor buildings are permitted a maximum 50,000 square feet of building footprint, and the total gross floor area of all anchors shall not exeeed 100,000 square feet of gross fleer area. These anchors shall not exceed 140,000 square feet of gross floor area, excluding integrated structured parking. The maximum footprint of anv one anchor shall not exceed 80,000 square feet. Anchor facades shall not exceed a width to depth ratio of -l-:-B 1.25: 1. f. Non anehor buildings should not exceed 10,000 square feet of building footprint Commercial/mixed use buildings should not exceed 30,000 square feet of building footprint (excluding integrated structured parking) and shall not exceed a width to depth ratio of 1.5: 1. g. Commercial/residential mixed use buildings should not exceed 12,000 square feet of building footprint (excluding integrated structured parking) and shall not exceed . a width to depth ratio of 2: 1. h. Non-anchor, non-mixed use buildings should not exceed 10,000 square feet of building footprint. The Director of Community Development Services may approve a maximum of two, non-anchor, non-mixed use buildings in excess of 10,000 square feet, up to a maximum of 20,000 square feet each, when the applicant demonstrates the following: (i) The additional square footage is necessary to accommodate the needs of a specific tenant. 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