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UP I DecisionCOMMUNITY DEVELOPMENT DEPARTMENT 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-7000 www.cityoffederalway.com Jim Ferrell, Mayor Ms. Jennifer Phang, AIA December 3, 2021 Architectural Werks, Inc. 11416 98th Ave NE, Suite 200 Kirkland, WA 98033 jennifer@awerks.com Re: File #21-100731-UP; PROCESS I “DIRECTOR’S APPROVAL” Twin Lakes Veterinary Hospital Remodel, 1060 SW 320th Street, Federal Way Dear Ms. Phang: The Community Development Department has completed review of your Use Process I (UPI) land use application for a remodel of the Twin Lakes Veterinary Hospital. The Process I application is hereby approved per the findings, conclusions, and conditions noted below. FINDINGS OF FACT 1. This project was originally submitted as a Use Process III application. The scope of work included a 1,100 square foot building addition for use as an educational training facility and associated site improvements. Per Federal Way Revised Code (FWRC) 19.200.090, a Use Process III application was required. The project scope has since been revised, and the building addition and educational training facility use are no longer proposed. The revised proposal is for a remodel of the Twin Lakes Veterinary Hospital. The scope of work includes roof and window replacements, revisions to the front entrance canopy, addition of a side door on the eastern façade, addition of a window on the northern façade, material updates to the exterior of the building, and internal tenant improvements. No new gross floor area and no increase in building height are proposed. 2. The zoning for the property at 1060 SW 320th Street (parcel 072104-9202) is Single Family Residential (RS 7.2). The use on the site as a veterinary hospital is not permitted and is considered a nonconforming use. 3. FWRC 19.30.080(1) and 19.30.180 prohibit expansions of nonconforming uses. The revised project scope does not expand the nonconforming use. 4. Per FWRC 19.30.090(1), all nonconforming aspects of a development must be brought into conformance if an applicant proposes to add to the subject property either 2,500 square feet of new gross floor area or more, or 25 percent of the gross floor area or more of the building(s) on the subject property, whichever is less, within any consecutive 36-month time period commencing at the time of building permit issuance. New gross floor area is not proposed as part of the revised project scope. 5. While submitted as a Use Process III, with removal of the proposed building addition and educational use from the project scope, it now requires a Process I review. Per FWRC 19.15.030(1), minor improvements and modifications to a site that are exempt from SEPA shall be processed using Process I: Ms. Jennifer Phang Page 2 of 3 December 3, 2021 21-100731-00-UP Doc. I.D. 81878 “(1) Minor improvements, modifications and additions. Minor improvements, modifications and additions to a site such as parking lot and landscape area modifications and improvements, and/or additions to an existing developed site that are exempt from SEPA shall be processed using process I, provided the improvements and/or additions do not exceed either of the following thresholds: (a) Twenty-five percent of the gross floor area of the existing use; or (b) Two thousand square feet of new gross floor area.” 6. No changes to parking, landscaping, tree removal, or clearing/grading are proposed. 7. Per FWRC 19.115.030, applications for remodeling of existing developments shall meet only those provisions of the design guidelines chapter that are determined by the Director to be reasonably related and applicable to the area of remodeling. The existing facades were constructed prior to city design guideline requirements. Based on the scope of the revised proposal and review of the elevation drawings, no design guideline requirements are triggered. 8. There is a Category III wetland with a 150’ buffer on-site. A critical area report dated February 22, 2021, was prepared by Altmann Oliver Associates, LLC. The report was peer reviewed by the city’s consultant, ESA, who concurred with the delineation, rating, and buffer. The majority of the existing veterinary hospital is within the wetland buffer. The portion of the revised project within the wetland buffer qualifies for an exemption from critical areas regulations per FWRC 19.145.110(4), as it constitutes remodeling of an existing structure that does not increase the previously approved building footprint. The revised site plan submitted on November 3, 2021 depicts a creek, however, there is no known creek on-site. A condition of approval will require any site plan submitted with the building permit to correctly show wetland and buffer details in accordance with the critical area report. 9. Per FWRC 19.15.100(1), 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 process I decision within one year after the final decision of the city on the matter, or the decision becomes void. 10. According to the Building Division a commercial tenant improvement is required. 11. Public Works Development Services reviewed the resubmittal and has no conditions; prior comments related to the eastern driveway are no longer applicable due to the revised project scope. 12. The Public Works Traffic Division reviewed the resubmittal. A Capacity Reserve Certificate (21-100732- CN) was issued on October 12, 2021 for the original proposal. The revised proposal no longer requires concurrency or street improvements. A Street Modification request (21-100533-SM) was granted with conditions on March 8, 2021, prior to the revised project submittal. The applicant needs to provide a letter withdrawing the street modification request. This will be made a condition of land use approval. 13. Lakehaven Water & Sewer District, the water and sewer service purveyor for the site, reviewed the resubmittal and had the following comment: the applicant needs to apply to Lakehaven to have a separate water service connection/ meter installed for the existing residence on the property. 14. South King Fire & Rescue reviewed the resubmittal and had no comments. CONCLUSIONS OF LAW 1. Process I “Director’s Decision” is the appropriate Master Land Use Application as minor improvements and modifications to an existing developed site are proposed that do not exceed thresholds set forth in FWRC 19.15.030(1). Ms. Jennifer Phang Page 3 of 3 December 3, 2021 21-100731-00-UP Doc. I.D. 81878 2. The proposed improvements are no more nonconforming than existing development. 3. The proposed improvements, as conditioned, meet Process I purpose criteria set forth in FWRC 19.55.020, including compliance with applicable provisions of FWRC Title 19, “Zoning and Development Code,” and health, safety, and welfare standards. CONDITIONS OF APPROVAL 1. Any site plan submitted with the building permit shall correctly show wetland and buffer details in accordance with the critical area report. 2. The applicant shall provide a letter withdrawing street modification request 21-100533-SM prior to issuance of the building permit. APPEALS The effective date of this decision per FWRC 19.05.360 is December 6, 2021. Pursuant to FWRC 19.55.050, the applicant, any person who submitted written comments or information, any person who has specifically requested a copy of the decision, or the city may appeal this decision to the Federal Way Hearing Examiner by December 20, 2021. Any appeal must be in the form of a letter delivered to the Community Development Department with the established fee. 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, street address, email address, telephone number, fax number, and any other information to facilitate communications with the appellant. CLOSING This land use decision does not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. This Process I approval does not constitute approval of a building permit. If you have any questions regarding this decision, please contact Principal Planner Stacey Welsh at 253-835-2634, or stacey.welsh@cityoffederalway.com. Sincerely, Brian Davis Community Development Director enc: Approved Site Plan & Elevations c: Stacey Welsh, Principal Planner Greg Kirk, Plans Examiner Kevin Peterson, Senior Engineering Plans Reviewer Sarady Long, Senior Transportation Planning Engineer Brian Asbury, Lakehaven Water & Sewer District Sean Nichols, South King Fire & Rescue Margaret Mizumoto, Twin Lakes Veterinary Hospital, m.mizumoto@comcast.net