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18-101538CITY OF Federal Way Cent reaa r4' tj `i"r Y July 16, 2018 Fernando Alarcon 16405 Sylvester Rd SW Burien, WA 98166 innovartplus@hotmail. com CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com Jim Ferrell, Mayor RE: File #18-101538-00-UP; PROCESS I `DIRECTOR'S APPROVAL' & CHANGE OF USE APPROVAL El Cuento Preschool, 2201 SW 356th Street, Federal Way Dear Mr. Alarcon, The Community Development Department has completed review of your Process I Master Land Use application and change of use for a proposed commercial day care facility with playground and parking lot improvements. The Process I application and change of use are hereby approved per the findings and conclusions noted below. FINDINGS OF FACT 1. Proposal — The applicant proposes a commercial daycare facility in an existing building at the above - mentioned site. A new playground and parking area are proposed south of the building. Ground cover for the playground will consist of wood chips and rubber tiles. Five new parking stalls will be located behind the playground area. The building was previously occupied by a medical office. As part of the Process I review, a change of use zoning compliance review was completed. 2. Comprehensive Plan & Zoning Designation — The comprehensive plan and zoning designation for the property is Neighborhood Business (BN). Commercial day care facilities are permitted in the BN zone, per 19.215.040. 3. Review Process —Per FWRC 19.15.030(1), minor improvements, modifications and additions to a site such as parking lot and landscape area modifications and improvements, and/or additions to an existing developed site that are exempt from SEPA shall be processed using Process I. The existing and proposed uses are located in different zoning charts; therefore, a zoning compliance review is required. Per FWRC 19.15.025(1), 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. 4. Setbacks — Required minimum setbacks for the proposed use in the BN zone are 20 ft. in the front, side, and rear. The existing building on the site does not meet these setback requirements. The Mr. Alarcon July 16, 2018 Page 2 building can remain as no addition is being proposed and the new use is not making the building more nonconforming. The required setback for the playground is five feet from all property lines. As proposed, the playground meets this standard. 5. Screening— Play areas must be completely enclosed by a solid fence or other screen at least six feet in height. The applicant proposes a six -foot -tall chain link fence with privacy slats, thereby meeting the screening requirement. 6. Community Design Guidelines — Pursuant to FWRC 19.115.090(1), chain -link fences visible from public rights -of -way or adjacent properties, and not screened by landscaping, must be vinyl -coated mesh, powder -coated poles, dark color(s), and architectural elements, such as pole caps. As proposed, the fence will be black vinyl -coated mesh, powder coated poles, and pole caps; meeting the code requirement. 7. Parking — One parking space for each 300 square feet of gross floor area is required. Based upon the submitted floor plan (2,800 square feet / 300 = 9.33 spaces), 10 parking spaces are required. There are five parking spaces in the front that back into an arterial street which is prohibited pursuant to FWRC 19.130.190, and will be removed. Five additional stalls will be located behind the playground area. A total of 10 parking spaces will be provided, thereby meeting the parking requirement. CONCLUSIONS OF LAW 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 the improvements are to a developed site and do not exceed thresholds set forth in FWRC 19.15.030(1). 3. The proposed improvements are exempt from State Environmental Policy Act review as the scope of work meets categorical exemption WAC 197-11-800(1) and FWRC 14.15.030(c). 4. The proposed improvements meet Community Design Guidelines in the Commercial Enterprise zone set forth in FWRC 19.115.090. 5. The proposed zoning Change of Use for this developed site is acceptable pursuant to FWRC 19.15.025. APPEALS The effective date of this decision is July 19, 2018, or three days from the date of this letter, per FWRC 19.05.360. Pursuant to FWRC 19.55.050, the applicant, any person who submitted written comments or information, any person who has specifically requested a copy of the decision, or the city may appeal this decision to the Federal Way Hearing Examiner by August 2, 2018. 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. You may waive your right to appeal, if desired, by writing the City a letter to this effect. 18-101538-00-UP Doc. LD. 77715 K Mr. Alarcon July 16, 2018 Page 3 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 does not constitute approval of a building permit. 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. If you have any questions regarding this decision, please contact Becky Chapin, Associate Planner, at (253) 835-2641, or Becky.chapin@cityoffederalway.com. Sincerely, Brian Davis Community Development Director enc: Approved Plans c: Becky Chapin, Associate Planner Doc, I.D. 77715 18-101538-00-UP I-) FILE CITY OF L Federal Way Centered on Opportunity May 10, 2018 Fernando Alarcon 16405 Sylvester Rd SW Burien, WA 98166 RE: File #18-101538-00-UP; TECHNICAL COMMENT LETTER El Cuento Preschool, 2201 SW 356" Street, Federal Way Dear Mr. Alarcon: CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com Jim Ferrell, Mayor City of Federal Way staff has reviewed your April 10, 2018, land use application and proposed change of use request. The proposal includes a change of use of the existing building from medical office to daycare facility. Associated site improvements include installing a 6-foot fence to enclose an outdoor playground area. No changes are proposed to the exterior of the existing building. TECHNICAL REVIEW Prior to land use approval, please address the following items. If you have questions, please contact the representative listed. Bechy Chapin, Planning Division beck .cha in ei offederalwa .com 253-835-2641 • Pursuant to Federal Way Revised Code (FWRC) 19.115.090(1)(f), chain -link fences visible from public rights -of -way or adjacent properties, and not screened by Type I landscaping, shall utilize vinyl -coated mesh, powder -coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern. As proposed, the chain link fence is not a dark color vinyl coated mesh nor does it have powder - coated poles. Please provide fence details meeting this requirement. Soma ChattopadhnL Traffic Division soma.chatto adh a ci offederalwa .com 253-835-2734 Transportation Concurrency Analysis (FWRC 19.90) 1. Based on the submitted materials for 2800 square feet day care center, the Institute of Transportation Engineers (ITE) Trip Generation - 10t' Edition, land use code 710, the proposed project is estimated to generate approximately 20 new weekday PM peak hour trips after giving credit for previous use of Medical Dental Office land use code 720. 2. A concurrency permit is required for this development project. The PW Traffic Division will perform concurrency analysis to determine if adequate roadway capacity exists during the weekday PM peak period to accommodate the proposed development. Please note that supplemental transportation analysis and concurrency mitigation may be required if the proposed project creates an impact not anticipated in the six -year Transportation Improvement Plan (TIP). Mr. Alarcon May 10, 2018 Page 2 The estimated fee for the concurrency permit application is $4,790 (11 - 50 Trips). This fee is an estimate and based on the materials submitted. The concurrency application fee must be paid in full at the time the concurrency permit application is submitted. The fee may change based on the new weekday PM peak hour trips as identified in the concurrency trip generation. The applicant has the option of having an independent traffic engineer prepare the concurrency analysis consistent with City procedures; however, the fee remains the same. Transportation Impact Fees (TIF) (FWRC 19.91) 4. Based on the submitted materials for 2800 sq. ft. day care center, the estimated total traffic impact fee is $25,956. Please note, the actual impact fee will be calculated based on the fee schedule in effect at the time a completed building permit application is filed and paid prior to permit issuance (FWRC 19.100.070 3(a)). For a change in use for which no building permit is required, the fee shall be calculated and paid based on the impact fee schedule in effect on the date of an approved change of use. Misc. Safety Related Comments 5. City code prohibits backing onto any street (FWRC 19.130.190). Please note SW 356t" St is an Arterial Street. Please show cars will be in and out without encroaching sidewalk for safety reason. Peter Lawrence, Building Division eter.lawrence ci offederal►var,.com 253-835-2621 1. This building will undergo a complete change of occupancy. This building will now be classified as an E occupancy. A separate building permit application must be submitted for the change of occupancy. Please contact the Permit Center if you have questions regarding the building permit submittal process, 253-835-2607 or permitcenter@cityoffederalway.com. The remaining building division comments are applicable to the building permit application submittal. 2. Plans are required for review to include scaled site plans compliant with the 2015 IBC section 107.5. a. W 107.2.1 Information on construction documents. Construction documents shall be dimensioned and drawn Von suitable material. Electronic media documents are permitted to be submitted where gperoved by the building official. Canso action documents shall be o su tcient clari to indicate the location nature and extent o the work proposed and show in detail that it will conform to the provisions of this code and relevant laws ordinances. rules and re lations as determined hy the building a cial. Complete egress plans required in compliance with section 107.2.3. 2015 IBC. a. (Al 107.2.3 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress including the path of the exit discharge to the public way in compliance with the provisions ofthis code. In other than occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number o occupants to be accommodated on evea floor,and in all rooms ands aces. 4. Provide details that demonstrate compliance with the 2015 IBC section 1104.1 — accessible routes, and the 2015 IEBC section 1012.8.2. 1012.8.2 Complete change of occupancy. Where an entire building undergoes a chanze of occupancy, it shall comply _with Section 1 012-8.1 and shall have all of the falIowirig accessible, eatures: 18-101538-00-UP Doc. I,D. 77716 Mr. Alarcon May 10, 2018 Page 3 a. At least one accessible building entrance. b. At least one accessible route from an accessible building entrance to Pri?rzaru fanzction areas. c. Si na e coingIvinz with Section I11l o the .International Building Code. d. Accessible naL&n where arkin is provided e. At least one accessible passenger loading zone where loadin zones are provided f. At least one accessible route connecting accessible parking and accessible passenger loadin zones to an accessible entrance. 5. Provide drinking fountain location. 6. Provide detailed plumbing fixture count based on occupant loads in table 2902 2015 IBC. 7. Tamperproof receptacles required per the 2017 NEC for E occupancies (separate electrical permit required.) 8. Complete floor plans drawn to scale with each room labeled and the ages of the children in these rooms. 9. Manual fire alarm system required if the occupant load is over 50 per section 907.2.3 IFC. Note: these comments are based on the limited information provided and other codes may be required Brian Asbury, Lakehaven Water & Server District BAshu iakehaven.cow 253-946-5447 ■ If a fire protection system is required or proposed, a water service connection application submitted separately to Lakehaven will be required for a new fire -protection service connection to the water distribution system. Otherwise, Lakehaven has no comment on this application/project, as based on the submittal it appears no existing and/or future Lakehaven water/sewer system facilities 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 Lakehaven for additional information. CLOSING Please submit three copies of the revised plan sheets and requested materials with a brief written response, along with the enclosed resubmittal form. If you have any questions regarding this letter please contact me at 253-835-2641, or becky.chapin@cityoffederalway.com. Sincerely, 61� Becky Chap' Associate Planner enc: Resubmittal Handout c: Soma Chattopadhyay, Traffic Operation Engineer Riley Bushnell, Planning Intern, email Peter Lawrence, Plans Examiner, email Brian Asbury, Lakehaven Water & Sewer District, email 18-101538-00-UP Doc. I.D- 77716 Becky Chapin From: Peter Lawrence Sent: Wednesday, April 25, 2018 9:47 AM To: Becky Chapin Cc: Gordon Goodsell; Scott Sproul Subject: El Cueto Preschool comments 18-101538 Becky, Here are my comments: 1. This building will undergo a complete change of occupancy. This building will now be classified as an E occupancy. 2. Plans and permits are required for review to include scaled site plans compliant with the 2015 IBC section 107.5 a.[Al107.2.1 Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted where approved by the building official. Construction documents shall be of sufficient clarity to indicate the location nature and extent of the work joroposed and show in detail that it will conform to the provisions of this code and relevant laws ordinances rules and regulations- as determined by the building ot iciaL 3. Complete egress plans required in compliance with section 107.2.3.2015 IBC a. [AT 107.2.3 Means of egress. The construction documents shall show in sufficient detail the location construction size and character of all portions of the means of egress including the path of the exit dischar a to the public way in compliance with the rovisions of this code. In other than occupancies in Groups R-2 R-3 and 1-1 the construction documents shall desi note the number of occu ants to be accommodated on every floor. and in all rooms and spaces. 4. Provide details that demonstrate compliance with the 2015 IBC section 1104.1-accessible routes and the 2015 IEBC section 1012.8.2 1012.8.2 Complete change of occupancy. Where an entire building under oes a change of occupancy, it shall comply with Section 1012.8,1 and shall have all of the following accessible features: a. At least one accessible building entrance. b. At least one accessible route Lrom an accessible building entrance to primoa function areas. C. Si na a complyLng with Section 1111 of the International Building Code. d. Accessible parking, where garking is provided. e. At least one accessible passenger loading zone where loading zones are orovided. At least one accessible route connecting accessible parking and accessible gassenor loading zones to an accessible entrance. 5. Provide drinking fountain location 6. Provide detail plumbing fixture count based on occupant loads in table 2902 2015 IBC 7. Tamperproof receptacles required per the 2017 NEC for E occupancies ( separate electrical permit required) 8. Complete floor plans drawn to scale with each room labeled and the ages of the children in these rooms. 9. Manual fire alarm system required if the occupant load is over 50 per section 907.2.3 IFC These comments are based on the limited_ information provided and other codes may be repaired. Regards, Peter Lawrence Plans Examiner � r. w ,A Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Phone:253/835-2621 Fax: 253/835-2609 www.ciiyoffederalway.com 04/09 /2018 Narrative description of the project for the building located on: 2201 SW 356th St Federal Way WA 98023 This proposal to open a childcare center in this Building That used to be a Chiropractor (medical office). The property building is 2,800 square feet, It already has five parking spaces assigned in the front and seven spaces on the East side of the building there will be not change on the existing facades of the building. And we are expecting to have around 40 children attending. The outdoor Playground area on the back of the building is about 4,200 ft2. We are proposing to erect a 6' (six feet high) x 84' long plus a small section on the West side with Chain link fence and Green privacy slats (see picture attached) The additional sides are already fenced with 6' (six feet high) wood boards as shown in aerial view attached. The play area is flat already and we are going to use wood chips and some rubber tiles as floor cover for the protection of children. Fernando Alarcon. :yrgr r JA + 60 ro r co 'J t /1 I wC.. . w '• da Ilk ¢� .h. YARDGARD 6 ft. H x 5 ft. W Green Privacy Hedge Slat Vinyl Fence Panel-330372GR - The Home Depot ,--,\I Home / Lumber & Composites / Fencing / Vinyl Fencing / Vinyl Fence Panels 4/9/18, 3:40 PM Model # 330372GR Internet #206684801 Store SKU #1001765181 Share Save to List Print YARDGARD 6 ft. H x 5 ft. W Green Privacy Hedge Slat Vinyl Fence Panel * fit' * * -)k (1) Write a Review Questions & Answers (8) 7 1 98 leach Overview Improve the privacy and look of your chain link fence the YARDGARD Fencing Slats. Slats are economical and easy to install. No tools are necessary. These vertical privacy inserts add appro)dmately 84% privacy to lre C__ r„u n,.....r..+o.,.. https://wvww.homedepot.comp/YARDGARD-6-ft -H-x-S-ft-W-Green- Privacy -hedge -Slat -Vinyl-Fence-Pa nel-330372GR/206fi84801 Page T of 5 CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: 4/18/2018 TO: 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 FROM: Becky Chapin, Riley Bushnell FOR DRC MTG. ON: Please email comment FILE NUMBER (s): 18-101538-00-UP RELATED FILE NOS.: None PROJECT NAME: EL CUETO PRESCHOOL PROJECT ADDRESS: 2201 SW 356TH ST ZONING DISTRICT: BN PROJECT DESCRIPTION: Proposal to change the use from a chiropractic office to a preschool with up to 40 children, and construct a play area along with a 6' green privacy fence expanding 84ft. LAND USE PERMITS: Process I PROJECT CONTACT: Fernando Alarcon, innovartplus@hotmail.com MATERIALS SUBMITTED: Land Use Application Cover Letter Submittal Requirements Letter Change of Use Application Project narrative Aerial view of site with drawings Fencing material L NING COMP1JkNCE..REV_ W —CHANGE OF USE CITY of �� DEPARTMENT OF COMMUNITY DEVELOPMENT Federal Way 33325 8`h Avenue South Federal Way, WA 98003-6325 253-835-2607; Fax 253-835-2609 www.cityoffederalway.com FILE NUMBER 0 { 5 _3 Date B Fee Collected? Q� Applicant NAME PRIMARY PHONE o &06) 2S0 2z2� BUSINESS/ORGANIZATION ALTERNATE PHONES MAILING ADDRESS E-MAIL tTS ivr's C-Y Y-d S1.0 I nnov a-y4- 1us h6 rwr/ STATE ZIP FAX >Pur) C-/) I Wq I I8166 Site Address: 2901 sw 356!kSOJ&f4 W gq 1- Q Z"3 Parcel #• f Proposed Use: C- Current/Previous Uses: L' G r c C Proposed Modifications to Site or Building Exterior: 1_3t� 2 � r ***Provide (6) copies of any attachments' For Staff Use Use -Specific Notes/RegulationsIV Parking I OkA lre ' (VC i ���' S 1 Setbacks Surface Water f 460\PW l.r 14 wu Bulletin # 168 —January 8, 2016 Page 1 of 1 k:\-Iandouts\Zoning Compliance Review — Change of Use 40k CIT F 400'::O;:� Federal Way I ANJ 10 2, 0-1d CITY CF FECEpAL r;; . r COMMUPdrfy DE VELOr. - T MASTER LAND USE APPLICATION DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8`h Avenue South Federal Way, WA 98003-6325 253-835-2607;Fax 253-835-2609 „w%v citvoffedera[way.com APPLICATION NO(S) +(()l 5 3 V— o v rt4 Date Project Name L C ue, fu-T U ??- cSG%o L Property Address/Location W -� k c O Parcel Number(i) b j Project Description PLEASE PRINT 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 II (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 Information Ioninu, Designation Comprehensive Plan Designation Value of Existing Improvements Value of Proposed Improvements International Building Code (IBC): Occupancy Type Construction Type CC rIvo CA - Applicant Name: E—:.Y, >7 a-Y) 4C3 e��r co vl Address: f 6 q ) S y l y a-c -cr 12 J S Lv City/State: Zip: cJg)166 Phone: C20 62 b Fax: Email: 1 lr4 vc�- Y'-!1 16 t u S Signature: -, Agent (if different than k4 plieant) Name: Address: City/State: Zip: Phone: Fax: Email: Signature: Owner Name: C k a.v T� n c,�n d v e4 n �a "S Address: )::7/ y S w L16fti 40 L City/State: F,- A, ( Lu i9.y lei f% . Zip: q g 0 2_3 Phone: L Z O - 7'y �9 Fax: Email: n(G_V,co-u Io'fmc,i 1. cam Signature: r-, 1 Bulletin #003 - January 1, 2011 Page 1 of 1 k:\Handouts\Master Land Use Application