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16-103708CITY OF EHALL 33325 8th Avenue South A Federal Way, WA 98003-6325 k Federal Way (253) 835-7000 www.cityoffederalway.com Jim Ferrell, Mayor August 12, 2016 Benny Kim Emalled: bennykim55@y4hqo_.com 7415 Lake Ballinger Way Edmonds, WA 98026 RE: File No: 16-103708-00-AD (Related File H15-100521-UP/15-105659-AD [Shell Building]) Click Tour, 31515 Pete Von Reichbauer Way S., Unit 102 (092104-9302) Dear Mr. Kim: The city is in receipt of your August 1, 2016, change of use approval request to change from a "Retai I use" (a former grocery store) to "Office use" in order to operate a travel agent/guide for walk-in and online bookings within H-Town Plaza. The Subject property is zoned City -Center Frame ZONING COMPLIANCE REVIEW FWRC 19.15.025 addresses a change of use at a developed site as followl "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 zoning 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 required, or in conjunction with the required business registration and/or building permit review. Each paragraph in a zoning 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. " CHANGE OF USE ANALYSIS The abovementioned address is located in the City Center Frarne (CC-F) zoning district. A travel agent/tour guide office is a permitted use pursuant to the regu lations set forth in Use Zone Chart FWR:* 19.230.0 10 'Office use'. Further, travel agency uses are Included within the definition of "Office use" under the 'Zoning and Development Code' as follows (FWRC 19.05.150 '0') 'Office use': " ... place of eniployinent providing services other than production, distribution, sale or repair of goods or commodities, and includes but is not hinited to: medical, dental or other health care; veterinary, accounting, legal, architectural, engineering, consulting or other similar professional services; management, administrative, secretarial, Marketing, advertising, personnel or other similar personnel services; sales offices where no inventories or -oods are available on the premises; real estate, insurance, travel agent, loan companies, brokerage or other similar services. Thefollowing uses are specifically excludedftoin the dejinition of "office ": banks, savings and loan companies andshnilarfinancial institutions. " The city Issued a land use approval with conditions on March 6, 2016 (15-10052 1 -UP) for fagade modifications to the shell building, new entryways/windows, site improvernents to a vacant site, and internal dernising walls. The following corripares office and retail use bulk zoning regulations in the CC-F Mr. Kim Auaust 12, 2016 Page 2 of 3 Table 1. Click Tour- Change of Use Analysis Existinc, Use Proposed Use FWRC 19.230.020 FWRC 19.230.010 `Retail use.' 'Office use.' Parking 3 er 300 sf of GFA I space per 300 sf of G FA Community Design _jace FWRC 19.115.090 FWRC 19.115.090 Guidelines CC-F District Guidelines Apply CC-F District Guidelines Apply -Setbacks Front, side and rear: 0 ft. Front, side and rear: 0 ft. Applicable No more than a five-foot building No more than a five-foot building setback Special Notes setback is allowed adjacent to principal is allowed adjacent to principal pedestrian pedestrian right(s)-of-way, as right(s)-of-way, as determined by the determined by the director, unless: it is director, unless: it is precluded by existing precluded by existing site site improvements, easements, topography, improvements, easements, topography, or other site constraints, as determined by or other site constraints, as determined the director (Note 2). by the director (Note 2). Single -story buildings may not exceed Single -story buildings may not exceed a a total ground floor area of 16,000 total ground floor area of 16,000 gross sq. gross sq. ft. unless approved under the ft. unless approved under the provisions of provisions of FWRC 19.110.080, or FWRC 19.110.080, or approved by the approved by the director for minor director for minor additions such as entry additions such as entry structures, structures, lobbies, seating or dining areas, lobbies, seating or dining areas, bay bay windows, and similar features; windows, and similar features; provided, that such addition(s) shall not provided, that such addition(s) shall exceed 1,000 sq. ft. per building in any one not exceed 1,000 sq. ft. per building in consecutive 12-i-nonth period (Note 11). any one consecutive 12-i-nonth period (Note 11). The Subject property contains non-conformit, ng development (FWRC 19.05.140(N)) in regards to: ID 0 The existine, front yard setback which shall be no more than 5 ft. (currently 65 feet) (FWRC 19.19.230.010, Note. 2), 0 Visual dominance of surface parking areas, which are within the front yard and Occupy more than 40 percent of the project's linear frontage along S 316th St (FWRC 19.115.090(' ))(a)(])-(iIi)), 11 0 Insufficient pedestrian pathways from rights -of -ways (FWRC 19.115 (3 ))(d), 0 Fagade treatments (minimum 50 percent glazing along the ground floor fagade fronting a right-of-way I or pedestrian plaza) (FWRC 19.115.090(3)(h)), and; 0 Principal entrance fagade shall front on, face or be clearly recognizable frorn the right-of-way FWRC 19.115.090(b)(3). Pursuant to FWRC 19.30.090(l)(a) the change of use will not trigger conformance with zoning and development reaulations in effect at the time of application at this time. However, this change Of use shall be subject to FWRC 19.105. 100 'Repair of site improvements' as, the retail use has ceased for more than one consecutive 12-month period; therefore, the applicant shall repair and/or restore the existing improvernents on the site to a condition as near as physically possible to the condition required Under the approvals of the existing development (see Condition 41 below). 6- 103708--\D Doc 1 D. 7- 308 CONCLUSION & APPROVAL In summary, the proposed zoning change of use from a "Retail use" to"Office use" is hereby APPROVED an I is considered to be in compliance with relevant zoning requirements, subject to the below conditions. The trav _?gent must obtain a city business license through the City Clerk's Office before occupying the building. I CONDITIONS 1. The applicant must satisfy all site repair planning inspections listed below prior to certificate of occupancy approval for Unit 102. To schedule a Planning inspection, please call 253-83 )5-2644. a. Landscape buffer and parking lot landscaping repair, replacement and replanting (evergreen and deciduous species and groundcover with coverage of a landscaped area within three years) and three inches of mulch. Planting must meet minimum standards of FWRC 19.125.040 for Planning Division sign -off. b. Installation of 2 pedestrian pathways with variation in color/texture (paint striping not permitted), c. Repair of cracked curbing, pavement— parking lot resurfacing encouraged. d. Repair/replacem6nt of parking lot lighting e. Installation of signage for accessible parking stalls. f. Repainting parking lot arrows and provision of parking lot directional signage per FWRC Repainting c' 19.115.050(a)(2)(b). g. Removal of all trash and debris on site. h. Parking lot and stall restriping. 2. The applicant shall apply for a city business license prior to Occupancy; please contact 253-835-2526. If you have any questions regarding this letter, please contact me at 253-835-2644 or leila,will o.a_kesrcD,cityo ffederal way . —com Sincerely ��,'eila Willoughby -Oakes Associate Planner C: Hmart. 1610 Boundary Blvd.- Auburn. WA 98001 (property Owner) Kimco Realty Corp., 333 New Hyde Road, New Hyde Park-, NY 11042 M9153MMEM Doc I D 74398 -,CEIVED �U6 0 1,WQUEST FOR CHANGE OF USE ANALYSIS -ITY OF 4;A�161 DEPARTMENT OF COMMUNITY DEVELOPMENT Federal Way CI -Ty OF FEOERAL WAY 33325 8'h Avenue South Federal Way, WA 98003-6325 CDS 253-835-2607; Fax 253-835-2609 www.cityoffederalway.com FILE NUMBER 0 2) U Date Applicant NAME PRIMARY PHONE 5-eo!nA BUSINESS/ORGANIZATION ALTERNATE PHONE MAILING ADDRESS E-MAIL 8211"'101- kk4 (9 w3L(a) I CITY 1--' STATEI ZIPFAX FAX f Current/Previous Uses: 4 � , Proposed Modifications to Site or Building Exterior: U I For Staff Use I 1QP-qnP.c-.iflr.