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19-105553CITY OF Federal Way Centered on Opportunity December 10, 2019 Mr. Joshua O'Fair Armada Analytics Inc. 5,5 Beattie Place Suite 1510 Greenville, SC 29601 FILE, RE: File #19-105553-00-AD; RESPONSE: TO ZONING VERIFICATION REQUEST Avery at the Reserve, 125 SW Campus Drive, Federal Way, WA Dear Mr. O'Fair: Ci Y HALL 33325 8th Avenue South Federal Wav, WA 98003-6325 (253) 835-7000 www,dt o�ederaWay,,cam Jim rerrP,//, Mayor On November 19, 2019, the City of Federal Way's Department of Community Development received your zoning inquiry regarding the property located at 125 SW Campus Drive, Federal Way, WA (parcel 1921 104-9017). Your request for information includes questions listed below in bold, with the city's response following. 1. What is the current zoning classification for subject properties? The current zoning classification for the subject properties is RM 2.4 (Multifamily Residential 2,400 square feet). This zoning is found within Federal Way Revised C'ocle (FWRC) Title 19 "Zoning and Development Code," Chapter 19.205 "Multifamily Residential (RM)." and Section 19.205.040 "Multifamily dwelling units." 2. Is the current use of the subject property a permitted use according to zoning ordinances and regulations of this district? "Ile current use of the property as multifamily dwelling units (stacked dwelling units) is a permitted <ise by right per the subject property's current zoning classification. 3. Conformance: is the current structure in conformance per current zoning ordinances and regulations applicable to the subject property? The current structures and site development are legally nonconforming. Per City records, the property appears to have a wetland on the property's eastern half of the parcel, with the building farthest east lying within the wetland buffer in ,. iolation of FI11'RC 19.145.420. Phis property was developed under King County jurisdiction prior to rlie incorporation of the City of Federal Way; therefore we are unable to verify the extent of nonconformance %-Vithout a thorough site review. Any other nonconformance would have. to be determined as part of the review process for a future development proposal. At such time, a site inspection and full nonconformance analysis would be required :Ci 01,:er to identify any applicable requirements of the FWRC. Please contact King County Records of 477-0328 for additional information. Mr. Joshua O'Fair December 10, 2019 Page 2 of 3 4. Have any variances, use permits, special exceptions, ordinances, or conditions been granted/approved for either the use or structures of the subject property? No, the city is not aware of any variances, use permits, special exceptions, ordinances or conditions that may have been applied to the subject property at the time of construction as this was prior to incorporation of the City of Federal Way. 5. Rebuild: In the event of casualty, in whole or in part, can the structures located on the subject properties be rebuilt? The structures located on the subject property are legally nonconforming and regulated by FWRC 19.30, "Nonconformance." Per FWRC 19.30.200, the nonconforming development may be reconstructed in the event of damage by sudden accidental cause, as long as the reconstruction is not any more nonconforming than it was immediately prior to the damage and all associated building and land use reconstruction permits are submitted within six months of the date of the damage and reconstructs pursuant to such permits. 6. Are there any records that show unresolved building and zoning code violations? According to the city's database, there do NOT appear to be any outstanding/open zoning or building code violations that apply to the subject property. 7. Are there any records that show unresolved fire code violations? With regards to fire code violations, South King Fire & Rescue handles fire related records requests. We encourage you to contact Public Records Officer Lauri Perry at lauri.per(14SQuthkin�:pM, or 253-946-7253, to obtain information pertaining to fire code violations. 8. Status of Certificate of Occupancy? No certificate of occupancy is on file with the city as development permitting occurred prior to incorporation of the city. Please contact King County Records at (206) 477-0328 for additional information. 9. Site plan information? No site plan is on file with the city as development permitting occurred prior to incorporation of the city. Please contact King County Records at (206) 477-0328 for additional information. This information was researched on December 5 & 10, 2019, by the undersigned, per request and as a public service. The undersigned certifies that the above information contained herein is believed to be accurate and is based upon, or relates to the information supplied by the requestor. The authority assumes no liability for errors and omissions. All information was obtained from public records, which may be inspected during regular business hours. aIIoS 00LAo one I 7•192. Mr. Joshua O'Fair December 10, 2019 Page 3 of 3 -If you have any further questions regarding this inquiry, please contact me at (253) 835-2622, or william.golding@cityoffederalway.com. sincerely. �v� William Golding Planning Intern Community Development Department 19-105553-00:4D om € 0 79925 REQUEST FO ADMINISTRATIVE DECISION 41k RECEIVED COMMUNITY DEVELOPMENT DEPARTMENT ��/ 33325 8`h Avenue South CITY OF �NOV 19 2019 Federal Way, WA 98003 Federal Way 253-835-2607; Fax 253-835-2609 Community Development www.citvoffederalway.com Department FILE NUMBER I l- ( b 5 5 5 3 Date 11/15/19 Applicant NAME PRIMARY PHONE Joshua OTair 864-751-4016 II` BUSINESS/ORGANIZATION ALTERNATE PHONE Armada Analytics MAILING ADDRESS E-MAIL 55 Beattie pl, suite 1510 jofair@armadaanlytics.com CITY STATE ZIP FAX Greenville SC 29601 Property Address/Location Avery at the Reserve (125 SW Campus Drive) Description of Request Zoning Verification Letter List/Describe Attachments Please see attached letter request template Ll-_ -P VT__ ❑ Code Interpretation/Clarification ❑ Critical Areas Letter/Analysis/Peer Review ❑ Request for Extension (Land Use/Plat Approval) ❑ Revisions to Approved Permit ❑ Tree Removal XZoning Compliance Letter El Bulletin #079 — December 11, 2018 Page 1 of 1 k:\Handouts\Request for Administrative Decision A division IP11nel of ARMADA Municipality Name: Address: City/State: ATTN: Property Name: Avery at the Reserve Address: 125 SW Campus Drive City/State: Federal Way, WA 98023 Parcel ID No: Property Use: Multifamily Dear Sir or Madam: At our client's request, please provide the following information: • Zoning Compliance/Verification Letter: Please supply a letter (or feel free to use the enclosed template and copy onto letterhead) stating in which zoning district the subject property is currently located, whether or not the subject is considered to be a permitted use, and any compliance information you may be able to provide. Please use municipality letterhead, or if this is not possible for some reason, please enclose a municipality fax coversheet showing that the zoning letter is enclosed. • Any Variances, Special Permits or Conditions: Please note the existence of these items as they relate to the use and structures of subject property and supply documentation, if available. • Code Violations: Please note whether or not there are currently any open/outstanding zoning and building code violations that apply to the subject property • Fire Code Violations. Please note whether or not there are currently any open/outstanding fire code violations that apply to the subject property. • Certificates of Occupancy: Please supply copies of any existing certificates of occupancy for the subject property. If none are available, please state the reason for this and whether there is any expected enforcement action due to the lack of certificate. • Approved Site Plan and/or Conditions of Approval, if applicable: Please supply one or both of these documents, particularly if the subject property is located in a Planned Development. Please advise us at your earliest convenience if any additional fees or forms are required, if any of these items are not available or if I should be directing any portion of my request to another party. We are on a strict timeline, and your prompt attention to this request is greatly appreciated. Upon completion, please forward the information via email if possible, and by US Mail if not. We truly appreciate your help with this request and look forward to your reply. Please feel free to contact me with any questions or concerns you may have regarding this request. Thank you very much for your assistance! Joshua O'fair, Zoning Data Coordinator ZIPline A Division of Armada Analytics, Inc. 55 Beattie Place, Suite 1510 Greenville, SC 29601 Jofair@armadaanalytics.com (864) 751-4016 Office To Whom It May Concern: In response to your request for information regarding the above -referenced property, we have researched our files and present the following: 1. The current zoning classification for the subject property is: According to the zoning ordinances and regulations of this district, the use of the subject property is a: Current Use ❑ Permitted Use by Right ❑ Permitted Use by Special/Specific Use Permit Number (enter permit number and see question 4) ❑ Permitted Use by Conditional Use Permit (enter permit number and see question 4) ❑ Legal Nonconforming Use (use was existing prior to the adoption of the zoning ordinance/code) ❑ Non -Permitted Use ❑ The Municipality is unable to opine at this time Comments: 3. Conformance: Per current zoning ordinances and regulations applicable to the subject property, the current structure(s) is (If unknown, please check the last box): ❑ Legal Conforming (complies with, or is otherwise exempt from, applicable zoning regulations, including parking) ❑ Legal Nonconforming (does not meet the current zoning requirements due to amendments, re -zoning, or other changes. See comments) ❑ Grandfathered (developed prior to the adoption of the zoning code/ordinance) ❑ Nonconforming (see comments) ❑ The Municipality is unable to opine at this time Comments: 4. Have any variances, special permits/exceptions, ordinances or conditions been granted/approved for either the use or structures of the subject property: ❑ No, there are not any variances, special permits/exceptions, ordinances or conditions that apply to the Subject property. ❑ Yes, the following apply to the subject property: Variance (Documentation/copies attached) Special Permit/Exception Ordinance Conditions Comments: 5. Rebuild: In the event of casualty, in whole or in part, the zoning code states that a legal non -conforming structure: ❑ May be rebuilt in its current form (i.e. no loss of square footage, same footprint, with drive through(s), if applicable). ❑ May not be rebuilt in its current form, except upon satisfaction of certain conditions, limitations or requirements. Please see section of the current zoning code/ordinance for details. Additionally, the damage threshold is calculated based on ❑ the entirety of the property or ❑ per individual building. 6. Building and Zoning Code Violation Information: ❑ There do NOT appear to be any outstanding/open zoning or building code violations that apply to the subject property. ❑ The following outstanding/open zoning / building code violations apply to the subject property: Comment: 7. Fire Code Violation Information: 2 ❑ There do NOT appear to be any outstanding/open fire code violations that apply to the subject property. ❑ The following outstanding/open fire code violations apply to the subject property: Comment 8. Certificates of Occupancy (required for the use, operation and occupancy of the subject property), status: ❑ Valid Certificate(s) of Occupancy has been issued for the subject property and is/are attached. ❑ We are unable to locate a copy in our records. The absence of a Certificate of Occupancy will not give rise to any enforcement action affecting the property. ❑ Certificates of Occupancy have been issued for the subject property in (enter year); however, for projects constructed prior to the year are no longer on file with this office. The absence of a Certificate of Occupancy will not give rise to any enforcement action affecting the property. ❑ A Certificate of Occupancy is not required for the subject property. Comments: 9. Site Plan Information: ❑ The subject property was not subject to a site plan approval process ❑ The subject property was subject to site plan approval; a copy of the approved site plan is attached ❑ The subject property was subject to site plan approval, but a copy of the approved site plan is no longer in existence (was lost or destroyed). All other existing documents applicable to site plan approval for the site are attached. ❑ An approved site plan for the subject property is on file, but our office does not have the necessary resources to reproduce and distribute copies of the plan. All other existing documents applicable to site plan approval are attached. ❑ Other, (as noted here): Comment: Further comments regarding the subject property: This information was researched on , 2019, by the undersigned, per request and as a public service. The undersigned certifies that the above information contained herein is believed to be accurate and is based upon or relates to the information supplied by the requestor. The Authority assumes no liability for errors and omissions. All information was obtained from public records, which may be inspected during regular business hours. ZONING AUTHORITY: By: Municipality: Title: Department: