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File #21-104018-UP Approval Letter COMMUNITY DEVELOPMENT DEPARTMENT 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-7000 www.cityoffederalway.com Jim Ferrell, Mayor April 22, 2022 John Dorsey 8706 92nd St NW Gig Harbor WA, 98332 john@studiodorsey.com Re: File #21-104018-UP; Process I “Directors Approval” Watson’s Nursery Detached Restroom, 32108 39th Ave S (Parcel #236800 0040) Dear John Dorsey; The Community Development Department has received your October 5, 2021, Process I Master Land Use (MLU) application to construct a detached, two-occupant restroom to serve an existing retail nursery. The Process I application is hereby approved, with conditions, based on findings and conclusions below. FINDINGS OF FACT 1. Proposal - The applicant proposes to construct a 149 square foot building and 74 square foot pad for a detached two-occupant restroom and storage space to serve an existing retail nursery. According to submitted materials, no changes are proposed to the landscaping or driveway. 2. Existing Conditions – The subject property is 57,648 square foot lot on the southwest corner of the intersection at S 320th and Military Road S. The site is currently occupied by Watson’s Nursery, a retail business specializing in plants and landscaping materials. The site is adjacent to Single Family Residential (RS 9.6). 3. Comprehensive Plan & Zoning – The subject property zoning district and Federal Way Comprehensive Plan designation is Neighborhood Business (BN). The existing nursery is a permitted use with in the BN zone pursuant to Federal Way Revised Code (FWRC) 19.215.010. The proposed detached restroom is an accessory structure supportive to the primary use. 4. Use & Review Process – According to FWRC 19.15.030(1), minor improvements and modification to a site which are exempt from SEPA shall be processed using Process I. The proposed improvement is a minor improvement to the existing site, and therefore, is reviewed as an administrative land use process pursuant to FWRC Chapter 19.55, “Process I – Director’s Approval.” 5. 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). COMMUNITY DEVELOPMENT DEPARTMENT 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-7000 www.cityoffederalway.com Jim Ferrell, Mayor 6. Height and Setbacks – Due to the proximity of residentially zoned areas, all structures have reduced maximum height and increased required yard setbacks per note 3 of the FWRC 19.215.010 zone chart. The height of the structure is below the 30-foot height maximum limitation and the proposed location of the accessory structure is outside of the required 20-foot yard setback from the adjacent residential zone as defined in FWRC 19.215.010 (3). 7. Parking –The site contains 37 parking spaces. Pursuant to Federal Way Revised Code (FWRC) 19.215.010 one parking space is required per 300 square feet of gross floor area. The existing retail building is 11,466 square feet requiring 39 parking spaces (11,466/300= 38.22). The formula for determining the required number of parking spaces results in a fraction, it will be rounded up to the next higher whole number per FWRC 19.130.040. The number of parking spaces provided onsite do not conform with the required parking for the existing use and is nonconforming. Pursuant to FWRC 19.30.180 no nonconformance may, in any way, be enlarged, expanded, increased, intensified, compounded or in any other way made greater. The proposed detached bathroom and storage has a gross floor area of 149 square feet requiring one parking stall. An additional parking space is provided in the southwest corner of the site increasing the existing 37 spaces to 38 total parking spaces. The proposal does not expand the existing nonconformance in meeting the required number of parking spaces. 8. 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. 9. Transportation – The proposal is expected to generate one pm trip using ITE LUC 817 (Nursery – Garden Center) and sq. ft. GFA as independent variable. Given the location of the proposal, the new trip will not likely impact any key intersections and therefore transportation concurrency permit application is not required. 10. Water & Sewer - The site has two (2) existing water service connections and existing sewer service stub. A water service connection application submitted separately to Lakehaven is required for each new service connection to the water distribution system (e.g., irrigation, etc.). A separate Lakehaven Sewer Service Connection Permit is required for each new connection to the sanitary sewer system. See enclosed Lakehaven Water & Sewer District Comments and Map. CONCLUSIONS OF LAW 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 Process I approval criteria and land use review thresholds of FWRC 19.15.030 and 19.55.020: 1. The proposed improvements are not exempt from use process review as they do not meet criteria set forth in FWRC 19.15.020, “Exceptions.” 2. 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). COMMUNITY DEVELOPMENT DEPARTMENT 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-7000 www.cityoffederalway.com Jim Ferrell, Mayor 3. The proposal is a minor improvement, modification, or addition to a site that is exempt from State Environmental Policy Act (SEPA) review. 4. The proposed improvements either comply with zoning regulations set forth in Use Zone Charts FWRC 19.225.030, including required yards, lot coverage, height, and parking; or are no more nonconforming than existing development. 5. 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. CONDITION OF APPROVAL 1. The proposal would be required to pay the traffic impact fee estimate based on the fee schedule at the time of time of building permit. BUILDING PERMIT ISSUANCE REQUIRED This Process I land use decision does not constitute building permit approval, or authorize clearing/grading activities. The following permits are required: building plumbing, mechanical and electrical. The new restrooms shall meet the 2009 ANSI standard for accessibility, the building will also require some type of heat to protect the plumbing from freezing. No work may begin until the building permits are issued. If you have any questions regarding building permit review contact the Permit Center at 253-835-2607, or permitcenter@cityoffederalway.com. APPEALS The effective date of this decision is April 25, 2022, or three days from the date of this letter. Pursuant to FWRC 19.55.150, any person who received notice of the administrative decision may appeal this decision to the Federal Way Hearing Examiner by May 9, 2022. 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. 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 is valid for one year from the effective date of this decision. If no further action is taken within one year, this decision will expire. COMMUNITY DEVELOPMENT DEPARTMENT 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-7000 www.cityoffederalway.com Jim Ferrell, Mayor 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: Approved Site Plan Lakehaven Water & Sewer Comments and Map cc: Keith Niven, Planning Manager, AICP, CEcD Addison Gregory, addison@watsonsgreenhouse.com HMC Federal Way LLC, hansremanagement@gmail.com Samir Basmeh, Development Services Reviewer Sarady Long, Senior Transportation Planning Engineer Greg Kirk, Plans Examiner Sean Nichols, South King Fire & Rescue Brian Asbury, Lakehaven Water & Sewer District