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Approval Letter Meridian Court #21-103716-UP . Community Development Department November 23, 2021 Brian Meister BAU Meister Studio Corp 6755 Saranac St San Diego, CA 92115 brian@bau-arch.com File #21-103716-00-UP; Process 1 “Directors Approval” Meridian Court; 31510 23rd Avenue South, Federal Way WA 98003 Dear Brian Meister: The Community Development Department has completed a review of your Process 1 Master Land Use (MLU) application submitted September 16, 2021, and subsequent resubmittals on November 1, 2021, and November 12, 2021, for site improvements, installation of a walking trail within a wetland buffer from an offsite wetland., bike locker and electrical vehicle changing stations to serve existing parking spaces. Your application is hereby approved with conditions pursuant to the findings and conclusions noted below. FINDINGS OF FACT 1. Proposal – The applicant proposes site modifications to an existing site including a 5-foot-wide walking trail located in the northeastern corner of the property, installation of a 220-foot bike locker surrounded by an 8-foot chain link fence and repairs to concrete pads and parking area to improve accessibility. 2. Existing Conditions – The subject site is a 3.7-acre parcel. The majority of the site is a developed senior living community, with two main buildings and parking areas. The walking trail is proposed in the northeast corner of the subject property and is proposed within the buffer of an offsite category III wetland to the east. The location of the proposed activity is not visible from the right-of-way. The proposed bike locker is located between the two main buildings closest to the west property line along 23rd Ace S. Due to the topography of the site, the bike locker location does not appear to be visible from the right of way. 3. Comprehensive Plan & Zoning – The subject property zoning district and Federal Way Comprehensive Plan designation is City Center Frame (CC-F). The primary use of the subject property is multifamily apartments which is a permitted use in the CC-F zone pursuant to FWRC 19.230.060 Multifamily dwelling units, senior citizen, or special needs housing. 4. Use & Review Process Walking Trail – Pursuant to FWRC 19.145.440(2), the director may provide written approval for passive pedestrian recreation facilities designed in accordance with an approved critical area report and the following standards: (a) Trails are composed of pervious surfaces no more than five feet in width. Raised boardwalks and wildlife viewing structures composed of non-treated pilings may also be considered; (b) Trails are generally located parallel to the perimeter of the wetland and within the outer 25 percent of the buffer; and (c) Trails shall avoid the removal of mature trees. The proposed trail would be constructed of decomposed granite and would be 5-feet-wide. The trail is located in the outermost 25 percent of the buffer and aligned parallel to the wetland. No trees will be removed as part of the trail construction. Bike Locker – Pursuant to FWRC 19.15.030(1) Minor improvements, modifications and additions, a minor new addition 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. The proposed bike locker is 220 square feet and is substantially less than 25% of the gross floor area of the existing structure on site. 5. Critical Areas – A wetland delineation report by Raedeke Associates, Inc. dated August 25, 2021, and updated October 25, 2021, was submitted and reviewed. The report identified two offsite category III wetlands. Wetland 1 is located in the northeastern corner of the property and Wetland 2 impacts the eastern side of the property. For the purposes of this process 1 application, staff agrees with categorization of the wetlands and 80-foot buffers pursuant to FWRC 19.145.420 wetland rating and buffers. The proposed intrusion to the wetland buffer of Wetland 1 will be a total of 92 square feet for the activity trail. All impacts to the wetland buffer are located within of the outer 25% of the wetland buffer. 6. Environmental Review – The proposed improvements are exempt from environmental review. The proposed expansion improvements do not exceed the State Environmental Policy Act (SEPA) definition of “minor new construction” as adopted in the city’s flexible threshold exemptions in FWRC 14.15.030(1)(c). 7. Height and Setbacks – The height of the bicycle locker is below the 70-foot height limitation per FWRC 19.230.060 as stated in the use zone chart. The proposed location of bike locker is outside of the required 20-foot yard setback. 8. Parking - The proposal will not require additional parking spaces as it will not be increasing the number of residential units to the site. The electrical vehicle charging station does not eliminate any of the existing onsite parking spaces. 9. Nonconformance – As proposed, the project is exempt from the requirements of FWRC 19.30.090(1), to bring all nonconforming aspects of a development into conformance. Additions of less than 2,500 square feet are exempt. 10. Stormwater – The proposal does not trigger additional storm water improvements. In addition, all of the frontage improvements meet current code. 11. Additional Permit Issuance Required – The proposed bike locker is 220 square feet. Building that exceed gross floor area of 200 square feet are required to apply for a building permit. Electrical vehicle charging stations require an electrical permit. 12. Bike Rack Perimeter Fence– As proposed, the fence located around the bike locker is 8-feet in height. A building permit is required for fences over 7-feet in height. The submittal documents identify the fence to be chain-link. According to the community design guidelines for developments on properties zoned City Center Frame (CC-F), chain-link fences are not allowed per FWRC 19.115.090(3)(i). 13. Decision Criteria – Staff finds the proposal is consistent with applicable site plan approval criteria required for Process I, as set forth in FWRC 19.55.020. The proposal is consistent with the city’s comprehensive plan; applicable provisions of FWRC Title 19 “Zoning and Development Code” (including FWRC 19.145); public health, safety, and welfare; and streets and utilities in the area are adequate to serve the anticipated demand from the proposal. CONDITIONS 1. Additional Permit Issuance Required – A building permit is required for the bike rack and surrounding 8-foot fence. An electrical permit is required for the electrical vehicle charging station required 2. Bike Rack Perimeter Fence – The proposed 8-foot fence shall not be made of chain link materials. Pursuant to FWRC 19.115.090(3)(i) chain-link fences shall not be allowed. No work may begin until the building permit is issued. Please contact the Permit Center at 253-835-2607 or permitcenter@cityoffederalway.com, if you have any questions regarding the building permit issuance. Building Permit applications are accepted through the electronic submittal portal (Document Upload Link) through the Permit Center. CONCLUSIONS Various sections of the zoning and development code indicate that certain developments, activities, or uses are permitted only if approved using Process I – Director’s Approval. Based on the findings above, the proposed improvements to the developed site meet the following Process I approval criteria and land use review thresholds of Federal Way Revised Code (FWRC) 19.15.030 and 19.55.020: 1. The proposed improvements are consistent with applicable chapters of FWRC Title 19, including, but not limited to: Chapter 19.145, Article IV, “Wetlands”; Chapter 19.55, “Process I – Director’s Approval”; and FWRC 19.230.060, CC-F Multifamily dwelling units. 2. The proposal is a minor improvement, modification, or addition to a site that is exempt from State Environmental Policy Act (SEPA) review. 3. The proposed improvements are not exempt from use process review as they do not meet criteria set forth in FWRC 19.15.020, “Exceptions.” 4. 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). 5. The proposed improvements either comply with zoning regulations set forth in Use Zone Chart FWRC 19.230.060, including required yards, lot coverage, height, and parking; or are no more nonconforming than existing development. 6. The proposed improvements 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. APPEALS The effective date of this decision per FWRC 19.05.360 is November 26, 2021 or three days from the date of this letter. Pursuant to FWRC 19.55.050, any person who received notice of the administrative decision may appeal this decision to the Federal Way Hearing Examiner within 14 calendar days by December 10, 2021. Any appeal must be in the form of a letter delivered to the Department of Community Development with the established fee. The appeal letter must contain a clear reference to the matter being appealed and a statement of the alleged errors in the director’s decision, including the identification of specific findings and conclusions made by the director, disputed by the person filing. APPROVAL DURATION Unless modified or appealed, the Process I decision is valid for one year from the date of issuance of the decision. A one-year time extension to the decision may be requested prior to the lapse of approval following the provisions listed in FWRC 19.15.110. The improvements must be substantially completed within the one- year time period or the land use decision becomes void. 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 the building permit Should you have any questions about this, please contact Associate Planner Chaney Skadsen at (253) 835- 2644, or chaney.skadsen@cityoffederalway.com. Sincerely, Brian Davis Community Development Director enc: Approved Site Plan cc: Marc Schock, mschock@ffres.com Cole Elliot, Development Services Manager Greg Kirk, Plans Examiner