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17-103018CITY OF Federal Way Alaa Albazzour Karma Auto Sales LLC 28815 Pacific Highway South; Suite 11 Federal Way, WA 98003 Re: File: 17-103018-AD; CHANGE OF UsE ANALysis Karma Auto Sales, 28815 Pacific Highway South, Suite 11, Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www,cityoffederalway.com WAI�� The city is in receipt of your June 22, 2017, submittal for a Change of Use from office to a retail establishment providing vehicle sales. The site is zoned Community Business (BC) and contains a 19,492 square foot office building with tenant spaces. Your request is to locate a used car dealership office at tht, above -mentioned address -with customer and employee parking, and a vehicle display area. No repair or maintenance of vehicles is proposed. No building or site modcations are planned. ZONING COMPLIANCE REvIEW Federal Way Revised Code (FWRC) 19.15.025 addresses a change of use at a developed site as follows: "19.15.025. Zoning and use review process for new tenants — Change of use at a developed site. The purpose of this section is to review and determine compliance with applicable zonmig and development code requirements when a new use is proposed to occupy an existing building or site. When a land use changes from one use category in the zoning charts to another use category, a zoning compliance review shall be performed as part of the use process review, when rexuired. or in coniunction with Lhe rglAijed business ret�stration and/or buildin,� 7 _ftermit review. Each paragraphzoning chart is a use category. If the new use is in the same use category as any previous legal use of the site, no zoning compliance review is required." The existing and proposed uses are located in different zoning charts; therefore, a zoning compliance review is required. Per FVaC 19.15.025(l), any new use shall comply -with only those standards of the use zoning charts that are directly related to the new use as determined by the director. Examples include parking, use - specific setbacks, use -specific special regulations and notes, and nonconforming surface water quality improvements identified in FWRC 19.30.120. Other nonconforming aspects of the site which are not made nonconforming as a result of the change of use are not required to be brought into conformance as a result of this subsection. CHANGE OF UsE ANALysis The subject property is zoned Community Business (BC). Vehicle sales are a permitted use pursuant to FWRC 19.220.030, "Vehicle and Equipment Sales, Service, Repair, Rental — Self -Service Storage Facilities." Page 2 of 3 0 01 J7.Jy19,2017 Analysis — Parking Requirements Table 1 describes the existing tenant space use and their mai ='urn parking requirement of one parking space for every 300 square feet of gross floor area. As detailed in Table 2, the proposed use, vehicle sales, also requires one parking space for every 300 square feet of gross floor area. As the parking requirement is the same for both uses, no additional parking spaces are required as part of this change of use. Table 1. Existin g Use Unit Gross Floor Existing Parldng Required Area (sq. ft.) Use Requirement Parking 11C 280 Office 1/300 sq. ft, 1 space Table 2. Proposed Use Unit Gross Floor Proposed Parking Required Area (sq. ft.) Use Requirement Parldng 11C 280 Vehicle Sales 1/300 sq. ft. 1 space The submitted site plan and lease document details 16 specific parking spots allocated by the landlord to the proposed vehicle sales tenant. A majority of these 16 parking spaces are located within the public right-of- way; see comments below from Public Works Traffic Division. Related conditions of approval shall be placed on the change of use to address this. Should the owner reconfigure the parking lot layout, such change is subject to additional permitting and city requirements. Per FWRC 19.15.030, improvements and/or additions to existing developed sites, including 1�arking lot modifications, are subject to a Use Process I application review (see enclosures). OTHER DEPARTMENT REQUIREMENTS The following comments are provided as information for use in preparing subsequent permit application submitta Building Division — Peter Lawrence, pgqegjg�nce -_ itvo&derA1wav4com Office use and auto sales are both classified as B occupancies,� therefore, no change of occupancy required. Alterations and signage shall require permits. Accessibility shall remain intact as it was originally designed p WAC 50-51. 1 YLX'V_X�V-K#4X ra.1 The change of use does not meet the requirements for Non -Conforming Water Quality Improvements (FWRC 19.30.120); therefore, no upgrades to the storm system,%U be required. Public Works Traffic Division — Sarady Long, saraftjqngao�wff�dgralwavxorn The proposal to change 280 square feet of office to car sales office is not expected to generate new PM peak hour trips. As such, a concurrency permit is not required. However, a traffic impact fee (TIF) payment -,xU be re.wuired and will be calculated and yaid based on the imv-act fee schedule in effect on the date of an approved change of use. Also, it appears that the reserved parking spaces to display cars on the north side of the property along South 288th Street arewid-i-in the public right-of-way. The applicant must reconfigure the parking stalls so that all private parking stalls are located out of the right-of-way. Fite 17-103018-00-AD Doc, I.D. 76098 Alaa Albazzour Page 3 of 3 July 19, 2017 10-10 Iniess onsire ire FyLXaIILZ� -A U J-arU114LT t- I I I I A h I ItJ LA-oll-,-� -I �50 I - the submittal it appears no existing and/or future Lakehaven water/sewer system facilities, or private service connections,,,AU be required, desired, or affected by the proposed. land use action. If any water or sewer aili ywmWvwnrW7K&Vt-4, wiD oneweT ��ddidgp-aLinfbnnafiom, mj,4e Lakehaven enclosed map is for information only. (Co comment. CLOSING The proposed vehicle sales use for this developed site is allowed in the BC zone. The Change of Use request is approved as conditioned: 1. Parking stalls shall be reconfigured so that all private parking stalls are located out of the right-of-way. 1 Business activity shall not be conducted within the public right-of-way. 3. A traffic impact fee payment is required and will be calculated and paid based on the impact fee schedule in effect on the date of the approved change of use. The payment shall be made prior to issuance of a city business license. You will need to obtain a city business license through the City Clerk's Office before occupying the building. Should you have any questions feel free to contact Senior Planner Stacey Welsh at 253-835-2634, or Et" cyvel 11 x cit.yoffederaalwaycoma. Sincerely, Brian Davis Community Development Director enc: Bulletin #003 "Master Land Use Application" Bulletin #042 "Parking Lot Design Criteria" Bulletin #053 "Submittal Requirements for Process I" Lakehaven Map c: Stacey Welsh, Senior Planner Peter Lawrence, Plans Examiner Cole Elliott, Development Services Manager Sarady Long, Senior Transportation Planning Engineer Brian Asbury, Lakehaven Water & Sewer District Chris Cahan, South King Fire & Rescue 99 Investment LLC, 14040 NE Bah Street, Suite 305, Bellevue, WA 98007 F& 17-103018-00-AD Doc. C.D. 76098 From: SaradvLong Sent: Friday, July 14,28172:48PM To: Stacey Welsh Cc: Rick Perez [n|o Elliott Subject: Karma Auto Sales LL[ Stacey, The proposal to change 280 square feet office to car sales office is not expected to generate new PM peak hour trips. As such, aconcurnencypermit isnot required. However, atraffic impact fee payment will berequired and will be calculated and paid based on the impact fee schedule in effect on the date of an approved change of use. Also, it appears that the reserved parking spaces to displace cars on the north side of the property along S 2unmStreet b within the Public Ri8ht+of-VVay(R0VV). The applicant must reconfigure the parking stalls so that all private parking stalls are located out ofthe right-of-way. Sarady Long Senior Transportation Planning Engineer �' ral Way PubNc: 'Norks DePadnnoi-t 333"�501AxmS'Fedem|vvm��A98UO3 �eak�2�@83-2743 | Fx����B�o2rD9 Stace x Welsh From: Brian Asbury xBAsbunv@|akehaven.org^ Sent: Tuesday, July I1, 20173:51PM To: Stacey Welsh Subject: Karma Auto Sales (l7-l030I8-AD) Attachments: I7-103018-AD.pdf Stacey, Unless onsihefire hydrants are required, Lakehaven has no comment on this app|ication/p ject, as based on the submittal it appears no existing &/orfutune Lmkehaven vvaber/sem/ersystern facilities, or private service connections, will be required, desired, or affected by the proposed land use action. If any water or sewer utility conflicts are encountered, applicant should promptly contact Lekehaven for additional information. ` ~ The contents ofthis email may be determined tobeapublic record and subject todisclosure pursuant toRCW WATER & SEWER DISTRICT Stacey Welsh 1 111 i From: Cole Elliott Sent: Monday, July 10, 2017 1:01 PM To: Stacey Welsh Subject: Karma Auto Sales 17-103018-AD The Change of Use does not meet any of the criteria for Non -Conforming Water Quality Improvements FWRC 19.30.120; therefore Development Services does not have any comments on this Administrative Decision. Thanks Cole Elliott, PE &LkL6s &ff A I 'F'e"_deral Way 333258 1h Ave South Federal Way, WA 98003 Office: (253) 835-2730 Cell: (253) 293-4152 iTA Stacey Welsh IMMOMM From: Peter Lawrence Sent: Tuesday, June 27, 2017 10:28 AM To: Stacey Welsh Subject: Karma Auto Sales Stacey, I have reviewed the purposed change of use and I have the following comments: 1. Office use and auto sales are both classified as B occupancies 2. No change of occupancy 3. Alterations and signage shall require permits 4. Accessibility shall remain intact as it was originally designed per WAC 50-51 Federal Way 333258 th Avenue South Federal Way, WA 98003-6325 Phone: 253/835-2621 Fax: 253/835-2601� wwNoxitoffederalway.cm 4�1 --U H V "0 �* .FILE NUMBER (s) : CITY OF FEDERAL 9AX COMMDNITY DEVELOPMENT DEPARTMENT j 1 all * iman"w".1aim I& w'I 10 Cole Elliott, Development Services Manager Peter Lawrence, Plans Examiner Rick Perez, City Traffic Engineer Brian Asbury, Lakehaven Water & Sewer District Chris Cahan, South King Fire & Rescue Stacey Welsh, Senior Planner 7-6-17 ............ ........... RELATED FILE NOS.: 14-101182-BL PROJECT NAME: KARMA AUTO SALES LLC PROJECT ADDRESS: 28815 PACIFIC HWY S Unit 11 PROJECT DESCRIPTION: Request to change use from office to auto sales LAND USE PEP14ITS: Zoning Compliance Review - Change of Use (Administrative Decision) PROJECT CONTACT: Karma Auto Sales LLC Alaa Albazzour 28815 Pacific Hwy S., Suite #11 Federal Way, WA 98003 MATERIALS SETBMITTED: Application Form Aerial Photo (16 parking spaces identified) Lease Agreement ........ ... FILE NuMBERI ZONING � COMP� ,,CE REVIEW — CHANGE OF USE R J D DEPARTMENT OF COMMUNITY DEVELOPMENT 33325 84h Avenue South JUN 2 Z 2017 Federal Way, WA 98003-6325 253-835-2607; Fax 253-835-2609 rrry OF FEDERAL WAY Www.cityoffederalway.com Applicant NAME A LA 1\ L 1� fva z 0 UV� BUSINESS/ORGANIZATION Kk�zffij\ t\LtEc LLC MAILING ADDRESS Faj�lplc Rwm CITY I :FETE ZIP Fcede(rc4 W11 I W I;Ro6� Proposed Modifications to Site or Building Exterior: ***Provide (6) copies of any attachments*** Date til P— Fee Collected? PRIMARY PHONE ALTERNATE PHONE ?-66 E-MAIL FAX Bulletin # 168 —January 8, 2016 Page 1 of 1 k:\Handouts\Zoning Compliance Review — Change of Use Page 1 of I N W." W.T" A Di 010 1 Do THIS LEASE AGREEMENT (the "Lease") is entered into this 5 4h day of June, 2017, between 99 INVESTMENT LLC, a Washington limited liability company ("Landlord"), and Alaa Albazzour dhg._��P 'Sales LLC, a Washington limited liability company ("Tenant"). Landlord and Tenant agree as follows: a. Leased Premises. The "Property" consists of the real property legally described on attached Exhibit A, and all improvements thereon and to be constructed thereon pursuant to the terms of this Lease. The "Premises" are outlined on the floor plan attached hereto as Exhibit A- 1, and consist of an agreed floor are"� 280 -rentabl�6uate� feet. � The Premises shall be known as 28815 Pacific parking spots. The Premises do not include, and Landlord reserves, the exterior walls and roof of the Premises, the land beneath the Premises, the pipes, ducts, conduits, wires, fixtures and equipment above the suspended ceiling or structural elements of the building in which the Premises are located (the "Building"). b. Lease Commencement Date. The Lease shall commence on the day of June, 2017 (the "Commencement Date"). C. Lease Termination Date. The Lease shall terminate at midnight on the 30'h day of June, 2018, or as provided in Section 3 (the "Termination Date"). d. Base Rent. Tenant shall pay Landlord base monthly rent at the rate and in the amounts provided in Section 4. The base monthly rent shall be payable at Landlord's address shown in Section 1(h) below, or such other place designated in writing by Landlord. e. Rngd` pon mutual execution of this Lease, Tenant shall deliver to Landlord the sum of $1,100.00 as prepaid rent, to be applied to the Rent due for the first month of the Lease. f. Secgdly Dpqsit. Upon mutual execution of this Lease, Tenant shall i-eliver to Landlord the sum of $500.00 as a security deposit. used for the repair or mainten-, h. �Nbfice a&PAVmWt Afte�: I of auto vehicles. Landlord: 99 Investment LLC 4316 36h Avenue North East Seattle, WA, 98105 . ........ . . 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EXISTING ROW ®, SEC. 4, r 2r N., R 4 ea wM. y R=40.Oa' R=rzS.i 56.88' 27.71' L 49.07' y, 2.26' UTILITY EASEMENT ARCA = 1,479 SF_t 2,44' N.T_5 5.O'S T.RO B. 20' TAX LOT NUMBER 0421043024 -a PROPOSED It ROW L Z Z. Z� at o a o, PROPERTY LINE P.O.B. t TAX LOT NUMBER EXISTING —J 0421049034 ROW CA EXIS7NG ROW EXHIBIT PARCEL 0421049024 UTILITY EASEMENT Jun® 21, 2005 ACAD No. 0421049024 vNi asmt #2 10800 N.E. Sth SL 720 S. 333 SL Ste.200 7th Floor Federal way, WA 96W3 Bellevue, WA 98404 253 838-9202 425 455-9494