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14-1047697, 0; CITY OF �. Federal October 2, 2014 Mykhaylo Bilovol 33003 Pacific Hwy S Federal Way, WA 98003 CITY HALL 33325 8th Avenue South FederaWay l Way, WA 98003-6325 (253) 835-7000 wwwcityoffederalway. com RE: Permit #14-104769-00-UP; M V TOWING LLC (IMPOUND LOT) 33029 Pacific Hwy South, Federal Way Dear Mr. Bilovol: The Community Development Department is in receipt of your Process I Master Land Use (MLU) application for the proposed fenced tow yard area located at 33029 Pacific Hwy S. The Process I MLU application is hereby approved as it meets review criteria set forth in Federal Way Revised Code (FWRC) 19.55.020. The Director's conclusions are based on findings made by the Department's Planning Division. 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 below, 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: Permits and Review Processes; Process I — Director's Approval; Community Design Guidelines; Outdoor Activities and Storage; and Commercial Enterprise (CE). 2. The health, safety, and welfare of the citizens of the city are preserved. 3. The proposal is a minor improvement, modification, or addition to a site that is exempt from SEPA review. FINDINGS OF FACT 1. Proposal — The applicant proposes a fenced tow yard at the south end of the property. The outdoor storage area is subject to Process I review per FWRC 19.125.170, `Commercial and industrial uses.' The project includes using the existing gravel area to store towed vehicles. The tow yard will be completely fenced in utilizing the existing chain link fencing by modifying the north, east and south sides with solid black slats, and installing a solid black metal fence along the west side. 2. Comprehensive Plan & Zoning Designation — The comprehensive plan and zoning designation for the property is Community Business (BC). Pursuant to FWRC 19.220.030, tow lots are an allowed use in the BC zones. 3. Setbacks — The setbacks from the west and south property lines are both 15 feet. Vehicles must be kept a minimum of 15 feet from both the west and south property lines. Barrier chain fencing has been located within the fenced area to prevent encroachment of towed vehicles into the 15-foot west and south setback areas. Mr. Bilovol October 2, 2014 Page 2 4. Screening — The proposed fence will provide a solid screen of the stored vehicles. Modifications to the existing fencing will provide sufficient screening to ensure the stored vehicles will not be visually obtrusive to surrounding properties. Solid black slats have been installed on the north, east and south sides of the existing fence. Solid black metal has been installed on the west fence with a gated entrance. 5. Community Design Guidelines — As proposed, the fence complies with FWRC 19.115.090(1); the chain -link fence that is visible from public rights -of -way or adjacent properties, not screened by Type I landscaping, utilizes vinyl -coated mesh, powder -coated poles, dark color(s), and/or architectural elements. APPEALS The effective date of this decision is October 5, 2014, or three days from the date of this letter. Pursuant to FWRC 19.55.050, any person who commented on the application or requests a copy of this administrative decision may appeal the decision to the Federal Way Hearing Examiner by October 13, 2014. Any appeal must be in the form of a letter delivered to the Community Development Department 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. However, in that you are the only party of record, your appeal period is waived (assuming you do not wish to appeal this decision). Waiver of the right to appeal does not affect the effective date of this decision. CLOSING This decision shall 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. Per FWRC 19.15.110, a two-year extension may be granted if a written request is submitted to the City's Community Development Department at least 30 days prior to the expiration of the decision. If you have any questions regarding this decision, please contact Planning Intern Kalon Thomas at 253- 835-2622 or by email at kalon.thomas@cityoffederalway.com. Sincerely, Isaac Conlen, Planning Manager for Larry Frazier, Interim Director enc: Approved Site Plan Vehicle TransporttDisposal Addendum Vehicle Transport/Disposal Branch Site Addendum c: Kalon Thomas, Planning Intern 14-104769 Doc. I.D. 66913 k - 23 CITY OF CITY HALL �- , B 33325 8th Avenue South A Federal Way Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com September 17, 2014 Mykhaylo Bilovol Email to: MVTowin %NW gmail.com 33003 Pacific Hwy S Federal Way, WA 98003 RE: Permit #14-104769-00-UP; M V TOWING LLC (B1POUND LOT) 33029 Pacific Hwy South, Federal Way Dear Mr. Bilovol: City Staff has completed the initial review of your Process I Master Land Use (MLU) application submittal package. A proposal for outdoor storage requires approval of a Use Process I decision based on the decisional criteria of Federal Way Revised Code (FWRC) 19.125.170 (3), which outlines specific use and development requirements that pertain to outdoor use, activity, or storage. In accordance with these regulations, the impound lot located at 33029 Pacific Highway South must meet the minimum screening requirements outlined in the above -mentioned section of code. Unless otherwise noted, the following comments provided by staff reviewing your project must be addressed prior to issuance of the Use Process I decision. Zoning and Land Use Kalon Thomas, 253-835-2622, kalon.thomas@cityoffederalway.com Please submit three (3) updated copies of the site plan that reflect the following comments: Screening/Fencing — Pursuant to FWRC 19.125.170(3), outdoor storage facilities need to be screened with Type 1 — solid screen landscaping. Staff would consider a modification to these requirements as follows: a. Install a solid, sight -obscuring fence that blocks the tow lot from sight. b. The setbacks from the west and south property lines are both 15 feet. Vehicles must be kept a minimum of 15 feet from both the west and south property lines. The fencing must be located to prevent encroachment of the tow lot into the 15-foot west and south setback areas. Describe the type of screening that is proposed to meet the above -mentioned requirements. For your information, similar proposals have used solid wood or metal fences to meet these requirements. Vinyl fencing would also be acceptable. 2. Property Lines — Property lines are not clearly delineated in the submitted site plan. Please update the site plan with property lines and a scale bar. Mr. Bilovol September 17, 2014 Page 2 Application Status Use Process I decisions that require minor site review are charged $82 at the time of submittal and $62 for each additional hour of review time. It is estimated that this proposal should take 2-3 hours. Fees must be paid in full before the Use Process I decision can be granted. The review period for the Use Process application has stopped and the application is on hold until requested items are submitted. When resubmitting requested information, please provide a written response to each of the above -referenced items and three (3) copies of corrected site plans with the enclosed resubmittal form. Pursuant to FWRC 19.15.050, if an applicant fails to provide additional information to the city within 180 days of being notified that such information is requested, the application shall be deemed void. The FWRC can be reviewed in its entirety athttl2://www.codel2ublishinp-.com/wa/federa[w . If you have any questions regarding this letter or your development project, please feel free to contact Planning Intern Kalon Thomas at 253-835-2622 or kalon.thomas@cityoffederalway.com. 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