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08-101475 (2)CITY OF Afth: 176dCral Mila y April 16, 2008 CITY HALL 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com Mr. Mike Hovland Hovland Architects FILE 900 Meridian Avenue, Suite 408 Milton, WA 98354 Dear Mr. Hovland: The City has completed land use review of the Process I application and conditionally approves Phase I of f the proposed Western International Recovery Bureau (WIRB) facility, including establishment of the automotive sales and business offices, site storage and auto detailing for the auto recovery business. Formal land use plans were submitted on March 20, 2008, and requested information submitted on April 10, 2008. Zoning for the site is Community Business (BC). Automotive sales, repair and office uses are permitted within the BC zoning district pursuant to Federal Way City Code (FWCC) Section 22-751 "Vehicle and Equipment Sales, Services, Repair, and Rental." Information on submitted plan sheet A 1.0, prepared by M. Hovland Architect March 26, 2007, depicts vehicle sales, vehicles storage, vehicle detailing, and the business office associated with the vehicle recovery business conducted within the existing building. Under Phase 1, eight parking stalls including accessible parking stalls and a landscape island will be established along the north side of this building; a five foot wide concrete walkway will be added to the south side of the building to provide a required exit pathway; a 1,020 square foot plaza will be located between the east side of the building and the Pacific Highway South right-of-way to provide an at -grade entry into the building; and a 2,000 square foot area at the west and north sides of the building will be established as RV storage. Normal maintenance actions during Phase I include painting, dry rot repair, asphalt and concrete patch and repair, and cleanup and pruning of the landscape area along the east and south portions of the subject site. No changes to the, existing fagade are proposed in Phase I. Future phases, including perimeter and parking lot landscaping for the balance of the site will be confirmed following completion of the Pacific Highway South roadway widening project, and are not approved with this letter. The subject site was developed in the early 1970's and does not meet current code standards. A preapplication conference conducted in May 2007 identified several nonconforming site conditions and associated thresholds to' require compliance with code as follows: The last business to operate at this location was the 40 - Rentals business, which included outdoor storage of some heavy rental equipment. According to the City's business registration database, this business ceased operations on January 10, 2000. Based on the FWCC definition, a change of use is determined to have occurred when it is found that the general character of the operation has been modified. After analyzing the proposed uses with the previous 40-Rentals uses, the City determined that the proposal to operate a car rental/sales and recovery business at this location would not constitute a change of use as defined in FWCC Section 22-1. The assessed value of the existing building improvements is $66,600.00. The applicant submitted information to demonstrate that the improvement value of the proposed plaza and parking lot striping is $2,000. (The value associated with normal maintenance and tenant improvements is not factored into the equation.) As this is less than 50 percent of the existing value, nonconformance provisions identified in FWCC Section 22-334(6) are not triggered. Mr. Mike Hovland April 16, 2008 Page 2 of 2 o As the building use ceased in 2000, the applicant is required to repair and/or restore the improvements on the site to a condition as near as physically possible to the conditions required by the requirements of approval of the existing development before that new business can open. To that end, the applicant is conducting normal maintenance on the existing building, parking lot, and landscaping associated with Phase I in satisfaction of this requirement. Prior to opening of the vehicle recovery business to operate in the existing building, normal maintenance must be inspected and approved. ep, pbsi6d'I. rovements do not reduce required parking, landscaping, buffering, open space, or public areas; do t c e tbvbcation of utilities or easements; are consistent with and support the approved architectural design; adt's to sensitive areas or significant trees; and will maintain existing building egress and pedestrian connections. As discussed above, the applicant has addressed the relevant nonconformance thresholds. A building permit for the proposed improvements has been submitted for review. I Based on the City's review, the Process I application to establish Phase I of the automotive sales and business offices, site storage, and auto detailing for the auto recovery business is approved based on the following condition. Condition of Approval Prior to certificate of occupancy for the recovery business, the planning division shall inspect the building and site to verify that the existing improvements associated with Phase I have been repaired and/or restored to a condition as near as physically possible to the condition required by the requirements of approval of the existing development. This decision shall not waive compliance with future City of Federal Way codes, policies, and standards relating to this project site. The effective date of decision is April 19, 2008, or three days from the date of this letter. Pursuant to FWCC Section 22-355(a), any person who received notice of the administrative decision may appeal this decision to the Federal Way Hearing Examiner by May 5, 2008 (14 days from the effective date of decision). In that you are the only party of record, you may waive your right to appeal by submitting a letter to this effect to the City of Federal Way, Department of Community Development Services. Additional hourly Process I fees in the amount of $75.50 (2.0 hours at $75.50 per hour less a one -hour deposit of $75.50) are due at this time and shall be paid prior to building permit issuance. If you have any questions, please call Senior Planner Deb Barker at 253-835-2642. Sincerely, Greg Fewins, Director 6m, immw" I I . enc: Site plan prepared by M. Hovland Architect, March 26, 2008 c. Deb Barker, Senior Planner Ann Dower, Public Works Engineering Plans Reviewer Scoff Sproul, Assistant Building Official Chris Ingham, South King Fire and Rescue Ms. Sue Down, WIRB, 33905 Pacific Highway South, Federal Way, WA 98003 Curt Nelson, Niklexi, LLC, 723 East Francis, Spokane, WA 99208 1 Construction perrnit 08-100378-00-CO is under review. Permit 008-101475-00-UP Doc 1D. 44805 Mr. Mike Hovland April 16,2008 Page 2 of 2 o As the building use ceased in 2000, the applicant is required to repair and/or restore the improvements on the site to a conon as near as physically possible to the conditions required by the requirements of approval of the existing development before that new business can open. To that end, the applicant is conducting normal maintenance on the existing building, parking lot, and landscaping associated with Phase I in satisfaction of this requirement. Prior to opening of the vehicle recovery business to operate in the existing building, normal maintenance must be inspected and approved. The proposed improvements do not reduce required parking, landscaping, buffering, open space, or public areas; do not change the location of utilities or easements; are consistent with and support the approved architectural design; create no impacts to sensitive areas or significant trees; and will maintain existing building egress and pedestrian connections. As discussed above, the applicant has addressed the relevant nonconformance thresholds. A building permit for the proposed improvements has been submitted for review.' @ Condition of approval ? ;g�illding_and site to verify that the existing improvements associated with Phase I have been repaired and/or restored to a existing development. XF�CJ . . . . . . • Eed- em"7a% codes, �Uolicies, and standards re, MrIT= =CLfl I=% to the Federal Way Hearing Examiner by May 5, 2008 (14 days from the effective date of decision). Inrldm-Tunam Marc 'I to this effect to the City of Federal Way, Department of Community Development Services. Additional hourly Process I fees in the amount of $775.50 (2.0 hours at $75.50 per hour less a one -hour deposit of $75.50) are due at this time and shall be paid prior to building permit issuance. • wimmig Greg Fewins, Director enc: Site plan prepared by M. Hovland Architect dated March 26, 2008 c„ Ms. Sue Down, WIRB, 33905 Pacific Highway South, Federal Way, WA 98003 Curt Nelson, Niklexi, LLC, 723 East Francis, Spokane, WA 99208 Deb Barker, Senior Planner Ann Dower, Public Works Engineering Plans Reviewer Scott Sproul, Assistant Building Official Chris Ingham, South King Fire and Rescue RECEIVED, COMMUNITY DEVELOPMENT tj0ARTMENT * Recovery Specialist APR 7 Z008 * Investigation * Collateral Sales 9 Skip Tracing o Licensed & Bonded Greg Fewins, Director City of Federal Way e elo�-xment �Servimes 33325 8th Ave S Federal Way, WA 98063-9718 IZE: FILE #08-101475-00-UP; DIRECTORs APPROVAL WIRB INC - PHASE ONE, 29805 - PACIFIc HIGHWAY SOUTH, FEDERAL WAY, WA Please accept this letter as formal notice that WIRB, INC is waiving their right to appeal your'approval for above -mentioned Phase One application ... as indicated in you're letter of April 16. A representative of my office will pick up the permits in the afternoon on Monday, April Dank S =0- Manager, WIRB, Inc Federal Way c: Deb Barker, Senior Planner Mike Hovland, Hovland Architects Curt Nelson, Niklexi, LLC, 723 East Francis, Spokane, WA 99208 �110n.; Pacific Hwy South WIRB is a division of Nelco Services, Inc. 33905 PacFederal Way, WA 98003 (253) 568-9920 9 Fax (253) 568-9918 * 1 -800-873-8051 John, per the attached memo for the request for the city to gain temporary rights of entry for the wetland and critical area surveys I have some questions and information that I would like confirmed from your team as I finished contacting all the property owners last evening. Parcel 401 200020 John Humphry has refused any access (see attached exhibit that shows his property. In looking at the S . 17th St IAA ramp wetland delineation (see attached exhibit) wetland 9 is much smaller that what is shown on the GIS map. So it appears ST had the same issue with survey with access to this property as per the Parametrix map the wetland 9 was only delineated in the State right of way. To me it looks like this property could be delineated from the rights of way of the State and King County. Please advise on the course of action on which to proceed. Parcel 0921049262 and 0921049171 These parcels owned by the KerrigaWs as stated by the property owner do not have any wetlands. See City GIS map and parcel records attached that confirms this statement. I have attached both the exhibits for your reference. No wetlands are shown on these parcels both on the City GIS map and the S 317th St DA Ramps wetland map. Please advise on the course of action on which to proceed. I have attached the memo listing the parcels requested for temporary right of entry and the one map section I have electronically (could you please send the other section electronically so the team can have access). There are 22 parcel requests - I have completed phone calls for all and documentation for 19. DEPARTMENT I I ,SERVICES "'5 8h Avenue South ;A .iBox 9718 ITYr s 98063-9718 r'y 60`' FWearal lift M10- a• # ' _ AL i • rr r r 'r11 .rwr. r_ -r r r r r- -r r -r' r r. r •r r r.r r- r r r t >'rr r; ♦r r. ! t• - r• • trr - •-- -r r> r r. ;•=r r r .•-• r - r y. s .: r r dw � r! w= r � • r' r r ! r r - r' r Project ... '.... ` :: Project e: WIRB, Inc. Project Address: 29805 Pacific<HighS `ath Project Contact: Michael Hovland, Architect Phone: 253.737.877 RESUBMITTED ITEMS: of copies ** pglafl&W Description of Item berg 4s cns t r ere it . u oet/ sti ate from n in Construction Resubmittal Requested by: Deb Barker (Staff Member) 0 )4.09.2008 rples as fequiled far your inlbal application.** Letter Dated: 03//200 APR R 9 200B ;J'T'y OF FEDERAL WAY !ril� i m* III IpIIIIIIII!I 111PI This, izems do not inckide n offer Me folloWng: Item 7 -PargTgg I" aiI 1"I 4ftaff.* J, 41 fr Cf fw I CW1 1W 0 0 C) Aem2-phzm added@ Wmer Item 7 - set up areas for R LPs `slopping' into Phase if area - has no 'value `as its only a line on paper to define an area temporarily. I' a Signed copy of the Master Land Use application to Robin the same day / submiffed the application. See atuched. It appears that the only items'that could contribute to the 'value added' are the plaza and the m-striping and / question wheffier the plaza should be counted Let me know ifyou have any quesfions. sin, /y, n y i ficha MAM&W E. HovARW M. ftvlmd, Ajchfted AMM00 == EM r4.21) - Muter, ftshjfWtm 9&W - 253 737 8775 - 253,815 1 f00 COWAdatem 33919 91h Avenue Souffi f106) - Fed0ml WOM WaWVOO 98003 E S APR () COP 2-DOS CITY OF FEDERAL KA ' BUILDING DEPT, Mountain Construction A BETTER WA Y OF 8U]LDING OMMUM Subject: various repairs at 29805 Pacific Highway South per letter dated 04.02.08. 05 )*.�71 for work at the property at 298 ez% iyi Airnited to, the f oll"ITIM item one, parking lot striping for stalls one to eight. cost item two; install 25'X 30" concrete plaza per sheet A1.0 dated C rem U building to the South and east property lines. Cost item four; replace and paint the 8" X 8"' treated column at the northeast corner. Lml as neod4d persheet A10 dated 0f- cost It six; replace rotted siding at ends of the entry roof. Cost Exclusions: Permits, B & 0 and sales tax, fees, or hidden conditions. Please call at your earliest convenience if you have any questions. Sincerely, Mountain Construction Inc. 7457 South Madison / Tacoma, WA 93409 / Telephone (253) 474-5281 / Fax (253) 474-760 www.MountainConst.com ,Rl= Sji I , �BV JITTED APR 0, 9 2008 AF -EDEFIAL WAY TY OFF MJILDING DEPT V I A0k 4t Mr. Hovland Page 3 June 8, 2007 landscaping, parking lot striping and parking lot repair require Use Process I review. Under FWCC Section 22-32.2(1)(e), a project would require review under Process 11 if here art t 'al changes to the approved WRE—tectUral deSignjLtproposed exterior changes to the storage building on the west of the site and the addition of a icfe—ened outdoor storage area are considered material changes to the approved architectural design. With these proposed changes, the project requires Use Process H. (NOTE: Process 111 would be triggered if SEPA is required as discussed under #4 below). Under ia___ TT +1k. Director nf-xr,-1 t qp—Ace- makes a written decision on the er V,00 , %�v W Community �FAAA- application as provided in FWCC Article V. A Process H development submittal checklist and master land use application are enclosed along with applicable code sections. Building permits ar( issued after Process H approval is granted. Pursuant to FWCC Section 22-754, note #6, auto and boat body repair and/or painting uses are permitted only if found to comply with the following: (a) building layout and design mitigates impacts of dust, fumes, noise, glare or discharge on neighboring uses, protects neighboring uses a natural systems from accidental spillage, leakage or discharge of hazardous materials or pollutant and (b) all operations, service, painting and repair must be conducted within enclosed buildings. I formal application must contain a written narrative that demonstrates how the proposed uses will comply with referenced criteria. 2. Fees and Time Limits — Formal Process II fees are $1,882.00. Please be advised that pursuant ' to FWCC Section 22-408, "Lapse of Approval," the applicant must begin construction or submit to the City a complete building permit application for the development within one year at -ter the final decision on the matter, or the decision becomes void. The applicant must substantially complete construction for the development activity within one year after the decision of the City on the matter, or the decision becomes void. A one-year time extension is possible. 3. Nonconformance — Pursuant to FWCC Section 22-334, Nonconformance, if any aspect, structure, improvement, or development does not conform to the development regulations prescribed in the zoning code, then that aspect, structure, improvement, or development must be brought into conformance, or otherwise improved when, among other thresholds, it is determined that there has been a change of use. The following areas of nonconformance were found to be related to the proposed development: 0 Addition of gross floor area — Under FWCC Section 22-1113, an outdoor use, activity of storage area that is used more than two months in a year will be used in calculated gross floor area. The addition of gross floor area does not trigger separate review. Under FWCC Section 22- 334, the geographic area of the gross floor area expansion is required to comply with current development requirements, including setbacks, parking, screening, etc. This includes the setbacks to the west side of the storage area,.and visibility of the storage area from the right-of- way to the east. 0 Value Added — Pursuant to FWCC Section 22-334(a)(6), if the applicant adds value to the property such that it exceeds 50% of the assessed or appraise value is or minor additions per roverne other than normal maintenance, tenant improvemeh (a)(3)(d), in any one consecutive 12 month period, the applicant shall meet all development in regulations -applicable to the single tenant property. The assessor lists the value of the southern property developed with the existing building at $115,000; (501/o of that value is $51,50 The unty (5$ value of the land for both parcels is $823,700 per :lying Co 00/0 is 411,850.0).10 � vv 5 File #07-102305-00-PC DoclD4080 A ats'lac> Z1�4 1k,(v5,b RESUBMITTED APR 0 9 2008 CITY OF FEDERAL WAY BUILUN(31 DEPT, 11 cm et NEXTH, M5T 4 5OLrFM PROP.If I UNE5 FEIZ FWCC 5ECTION I SG7 (c) (1) c alwftwooms EXE5-rG EA5MW k -Sft we* to to s"w"ft pauft 7 r. I I MOSTG MmEwr EKISrG 5D 14 19, I. --�WTSIMW* bmplovenm oWy Uft penudi (IMMO Ael o eZ 5 MMA-N 3 required. UH, Is'llill �hL:Q APR 0 9' 2008 7, Y 0 F"' EDERAI- WX,1�1' BLILDING Dr --_PT,. 26 m 2s rxiSrG NT PARCEL A 2a — WAY €X T4, 50 a 22 21 20 W5 n 15 17 10 24 wy I a 5R I A 13 12 11 10 30' s WAY �5T7NG COL 1 � x a s SsORAc r r exr3TING PENCE i N� 131pIA+ W 2297N r Ed notes., Robin, MxftelE Hovland M. HOVIMd, Art*RL'd An*(Aga A"Vx"VU' 00 ft"w E" (42 1) - M/Mn WashftfOn W354 - 251737 8-775 - 253- 815, 1100 cft&�� 33919 9?h A venue Somffi (106� - Fedeml Way, Wash#Ww 9003 C? -t� F41X*40 C;0 1 transmiffal RESUBMITTED CITY OF FEDERAL WAY BUILDING DEPT. 3/26/2008 16:25 5094836106 WIRB Y y ' S o 1 *sz 6 ® •. AgM (tf:"i;tsw NowAddmm- . /yry'/,A . ! ftm . or Owner It Phw— �e l otl° tWO&WAMMUXEWAUmApoi zdo4 RESIU BI A , E E AP ' 2008 CITY Or— FEDERAL WX�,, w_ �o D . Project Name ... \AJ I F- b I N C-, 2 7,�O,�5 Property Address/Location �,41 -F, C Parcel Number(s) 0_41&(04 Project Description �Cfz 5 Z Type of Permit Required Annexation Binding Site Plan Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Director=s Approval) Process 11 (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi-judicial Rezone) Process VI SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercial/Residential Required Informaticl, ing ------ Designati Plan D0knatio v6hio drExisfing impf6voin me Value of Proposed Improve FInternational Building Code papq Tyll it —Construction A Bulletin #003 - August 18, 2004 mm= Name: MLCiA4E_,k_ J�, Address: 1 00 vUfl-(L-, 0 (/}— 1� C ��Ll City/State: MMT-N-t zip: 7,3-5s-f- Phone: q sS. '?S-7.(57 Fax: 2 -_S - BLS Email: " Signature: Agent (if diff0fit tim Appl—icant) J Zip: Phone; Fax: ax Email: zip: T12_06 Phone: Fax: c- 9 Email: Signature: Page I of I k:\Handouts\Master Land Use Application 03/26/2008 16:27 5094836106 WIRB PAGE 02/02 CITY OF t00% f0def C11 Vft P".Ject Name W I P 15 Property AcWeksaomdon 1=vc Farcal Numberf-I) Typo of Varmit Requbled Aumation Binding Site Plan Dwmdary Lhw AAjusb=uL Comp Plat Me Lead Since Modification tat JAne U-jimination. —p-En"Haftfion cardwmm FYnccss I ())irwbx s A Process IT (site ?I= Review) Nacess M (Pw*t Approvol) Procoa TV Mcmft Rxwr6n"' A �4fom) Prue= V (Quasi -MieW lcw=) Proem V1 SEPA w/project SEPA, Only Sh=E=: Vadance/CozdWonalUse dhoti SubtUvisivn —Subdivisjon —Va4aavc. CommeraikVResidettial Required Tufarzomdon of Eldstias 1wwCM'w Value 9f Prop000d kpav-If ents Inirmnequal DO% ding Code (IBC). —OOMPney Type TYP. 13utia #009 — August 18, 2004 Applicant Nsm: Add=!;- citylstate: zip- Phone, Fox: �1 71 = I � rr Pmgc 1 of 1 k.lHwdeutaWasw Land Usu APPIleatim Pmgc 1 of 1 k.lHwdeutaWasw Land Usu APPIleatim 1' I& 2MS Padfle Mfgay SoLdh F'Odcra/ Way Washif won notes: Robin, r - r bVasmittal Mic%awE. Hovland M. Hovland, Amfitct Armma M &70 monWkn 452ce (421) - MAvq, Wo4WfWon 99354-,?"..7.27$775 - 2M.819,, t t00 - not Offiwadoaw 33919 96 Avenue south (105) • Federal Way, Woshi^Wm 003