2010-05-18 HEX# 10-004 Exhibit DVillage Green of Federal Way,
A Retirement Campus LLC
Ms. Deb Barker
November 18, 2008
Page Three
Boundary Line Adjustment
We are aware that a Boundary Line Adjustment will be required between existing
Building E and new Building F prior to Building Permit issuance for Building F. Given
the same ownership for both parcels, this will be a simple administrative process which
we will undertake, as we have done in the past, during the building permit process.
Concurrency Application
We are submitting a Concurrency Application simultaneously with this Process IV
Application. A trip generation report dated November 5, 2008 prepared by TSI is
included as part of the Concurrency Application_
SEPA
A new SEPA checklist is included with this application.
Project Team
Heidi Swartz
Harold Duncanson, P.E_
Development Manager
Jennifer Kelly
Swartz Development
Duncanson Co, Inc.
5724 i0"` Avenue NE
145 SW 155t' St, Suite 102
Seattle, WA 98105
Burien, WA 98166
(206) 730-6933 cell
(206) 244-4141
hpswartzCa).comcast. net
harp Idd!&duncansoncoxom
Joji Minatogawa
Ned Gulbran
Arnold Morrison
Landscape Architect
Joji Minatogawa Architects, Inc.
2833 Mt St Helens PL
207 Harvard Avenue E
Seattle, WA 98144
Seattle, WA 98102
(206) 725-0390
(206) 320-9596
gulbranbnna+comcast_net
Loii@minatog-,i,.va.com
We look forward to successfully working on this extension of our current approvals with
the City of Federal Way. I maybe reached at (206) 730-6933, cell.
►J
Enclosures per Development Requirements Checklist
PO Box 98309, Des Moines, WA 98198 (206) 824-6224
EXHIBIT CO
IDAq(206) 825T OF ._
January 30, 2001
Brooks Powell
Village Green of I-ederal Way
PO Box 98309
Des Moines, WA 98198
RE_ Village Green Phase M
Process IVApproval — Vestin. and Lapse of Approval
Dear Mr_ Powell:
This letter responds to your request for written verification of vesting and lapse of approval requirements
as they apply to the above referenced project_
As background, in August of 1995, the City Council' approved Village Green Phase L for an initial 90
dwelling units on the subject site_ In addition, a maximum total density allowance of 318 units for the site
was established, subject to all applicable code processes and regulations. All 90 units for Phase I Lvere
subsequently constructed as approved.
In September of 1998, the Federal Way Hearing Examiner' approved Village Green Phase ff, for an
additional 228 dwelling units on the site. This was consistent with the previously established total density
of 318 units_ As of this date, 2 buildings yielding 59 total units have been built pursuant to the Phase ff
approval. The balance of the approved units, or 165 units, are unbuilt.
It is important to note there are certain code -required time limits which must be met to avoid expiration of
the Phase ff approval. These are set forth at FWCC Sec. 22457, Lapse of Approval (enclosed)_ First, a
complete building permit for the approved development activity must be submitted within one year after
the date of approval. Second, the development activity must be substantially completed within five years
after the date of approval. In addition, pursuant to a written request under FWCC Sec_ 22458, Time
Extension (enclosed), each time limit may be extended one time, for up to one year_
"The development activity" means all development as authorized by the Phase ff approval_ However,
based on the scope and scale of the Village Green phased development, and the fact that 59 units are built,
with a building permit for another 30-34 units submitted', the city has determined that the intent of the
building permit time limit as it applies to Phase ff has been met_
However, the unbuilt units are required to be substantially completed within five years after the date of
decision, or September of 2003. Alternatively, this deadline may be extended to September of 2004, if
granted by the Community Development Director pursuant to a written request under FWCC Sec. 22-458.
1 Pursuant to the zoning code in effect at that time, senior citizen housing in a residential zone was subject to a City
Council decision_
Pursuant to the zoning code in effect at that time (and currently), the proposal was subject to a "Process IV"
Hearing Examiner decision-
3 A building permit for Building "F" has been submitted but not yet determined complete_
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You also requested; a definition of--suibstintial completion" as it relates to the Process IV expiration_
Although this term is not specifically defined by the Zoning Code, guidance is taken from the Subdivision
Code final plat provisions' that all required improvementsmust be "substantially completed, with
remaining uncompleted improvements consisting only of sidewalks, street lighting, landscaping where
applicable, orsimilar improvements." This stipulates that all structures and key infrastructure must be
built, with only minor and limited site improvements remaining. The 5-year expiration time frame for
plats is also consistent with the 5-year Process IV expiration time frame; and with the intent that land use
decisions shall be fully implemented by a date certain, and are otherwise subject to a new application and
to codes and policies in place at that time_
You also asked about process requirements for modifications to the approved site plan for Phase It. Any
proposed changes would be subject to an initial staff determination of "minor" or "major" modification_
A minor modification would be subject to administrative review. A major modification would be subject
to a Process IV Hearing Examiner decision_
Any minor modification is subject to the codes, policies, and regulations in effect at the time the Phase If
application (as previously approved) was determined complete. Any major modification is subject to the
codes, policies, and regulations in effect at the time a new Process W application is determined complete.
However, it should be noted that FWCC development standards related to use, density, height, setbacks,
parking, and overall site layout, have not changed since incorporation- While some changes were made
relative to procedural requirements and community design guidelines, these would not be expected to
negatively impact any major site modifications, assuming all underlying site development requirements
(i.e., height, setbacks, etc.) are met -
We trust this responds to your concerns_ Please contact Lori Michaelson, AICP, at 253-661-4045, if you
have any additional questions_
Sincerely,
Kathy McClung
Director of Community Development Services
C- Lori Michaelson, AICP, Senior Planner
Encl_ FWCC Sec. 22-457, 22458.
4 In your letter dated January 16, 2001.
' FWCC Sec. 20-135, Improvements,- completion orguarantee.
Doc I.D.
EXHIBIT P.-
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