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Jump Start Expresso Approval LetterCOMMUNITY DEVELOPMENT DEPARTMENT 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-7000 www.cityoffederalway.com Jim Ferrell, Mayor September 7, 2022 Court Pixton Twin Lakes Plaza LLC 33919 9th Avenue South, Suite 105 Federal Way, WA 98003 cbpixton@pugetsoundcommercial.com Re: File #20-105047-UP; PROCESS “II” APPROVAL LETTER Jump Start Espresso, 3450 SW 320th Street, Federal Way Dear Twin Lakes Plaza LLC: The City of Federal Way has completed the administrative review of the proposed fast food restaurant, Jump Start Espresso project and associated site improvements pursuant to FWRC 19.215.020 on parcel #132103-9067, a 0.49-acre site. The Jump Start Espresso development entails a 561-square foot, single story building and 130-square feet of outdoor seating, totally 691-square feet of gross floor area. The Process II Master Land Use application received January 15, 2021, and subsequent resubmittals on June 4, 2021, July 27, 2021, September 7, 2021, and November 29, 2021, is hereby approved with conditions, based on the enclosed Exhibit A, Findings of Fact and Conclusions, incorporated into this decision in full, and the following conclusions based on those facts: 1. It is consistent with the comprehensive plan; 2. It is consistent with all applicable provisions of this title; 3. It is consistent with the public health, safety, and welfare; 4. The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal; 5. The proposed access to the subject property is at the optimal location and configuration for access; 6. Traffic safety impacts for all modes of transportation, both on and off site, are adequately mitigated; Page 2 of 3 September 7, 2022 20-105047-UP Doc. I.D. 81814 7. It is consistent with site design standards set forth in FWRC 19.115.050 for all zoning districts; and 8. It is consistent with applicable supplemental guidelines set forth in FWRC 19.115.090. The remainder of this letter outlines the land use review process required for this particular site improvement; lists conditions of the land use decision; and provides other procedural information. This land use decision does not authorize the initiation of construction activities. REVIEW PROCESS The site is located in the Neighborhood Business (BN) zoning district. A Fast Food Restaurant is a permitted use in this zone subject to the provision of FWRC 19.215.020, “Entertainment” use table. Using a Process II “Site Plan Review,” set forth in FWRC Chapter 19.60. Process II review requires no public notice period and concludes with a written decision issued by the Director of Community Development. Appeals of the director’s decision are conducted by the city’s Hearing Examiner. SEPA PROCESS The proposed improvements are exempt from environmental review. The new building will be less than 12,000 square feet; the improvements are consistent with the State Environmental Policy Act (SEPA)flexible thresholds, as set forth in FWRC 14.15.030(c). CONDITIONS OF APPROVAL Based on the criteria above, the application is approved with conditions that are reasonably necessary to eliminate or minimize any undesirable effects of granting the application, listed in Exhibit A, Finding of Fact and Conclusions. BUILDING PERMIT REQUIREMENTS This Process II land use decision does not constitute a building permit or authorize clearing/grading activities. See the enclosed Commercial Building Permit Checklist. If you have any questions regarding building permit submittal, please contact the Permit Center at 253-835- 2607 or permitcenter@cityoffederalway.com. APPROVAL DURATION Per FWRC 19.15.100(2), “. . .the applicant must substantially complete construction for the development activity, use of land, or other actions approved and complete the applicable conditions listed in the use process II decision within five years after the final decision of the city on the matter, or the decision becomes void. If a land use petition is filed under Chapter 36.70C RCW in King County superior court, the time limits of this section are automatically extended by the length of time between the commencement and final termination of that litigation. If the development activity, use of land, or other action approved under this chapter includes phased Page 3 of 3 September 7, 2022 20-105047-UP Doc. I.D. 81814 construction, the time limits of this section may be extended in the decision on the application, to allow for completion of subsequent phases.” Time extensions to the decision may be requested before the lapse of approval following the provisions listed in FWRC 19.15.110. APPEALS Per FWRC 19.05.360, the effective date of issuance is three calendar days following the date of this letter, or September 10, 2022. According to FWRC 19.60.080(1), this land-use decision may be appealed by the applicant; any person who submitted written comments or information; any person who has specifically requested a copy of the decision; or the city. In compliance with FWRC 19.60.080(2), a written notice of appeal must be delivered to the Community Development Department within 14 calendar days after issuance of the decision of the director, or September 26, 2022. The appeal must be accompanied by cash or a check, payable to the City of Federal Way, in the amount of the fee as established by the city. The notice of appeal must contain a statement identifying the decision being appealed, along with a copy of the decision; a statement of the alleged errors in the director’s decision, including identification of specific factual findings and conclusions of the director disputed by the person filing the appeal; and the appellant’s name, address, telephone number, fax number, and any other information to facilitate communications with the appellant. Appeals are governed by Process IV (Federal Way Hearing Examiner). CLOSING This land-use decision does not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. If you have any questions regarding this decision, please contact Senior Planner Chaney Skadsen at 253-835-2644 or chaney.skadsen@cityoffederalway.com. Sincerely, Chaney Skadsen, Senior Planner enc: Exhibit A, Findings of Fact and Conclusions Approved Site Plan /Landscape Plan c: Keith Niven, AICP CeED, Planning Manager Cole Elliott, Development Services Manager Sarady Long, Senior Traffic Engineer Brian Asbury, Lakehaven Water & Sewer District Sean Nichols, South King Fire & Rescue Michael Hovland, meh.architect@hotmail.com