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
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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
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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 ,
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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
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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.
(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 ofthe 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 of 2: 1.
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