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11-104420-ADCITY OF Federal Way March 1, 2012 Ned Nelson, Architect 1021 92nd Avenue NE Bellevue, WA 98004 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com RE: File #11-104420-00-AD; CHANGE OF USE ANALYSIS Kirmac Automotive Collision Systems, 35610 Enchanted Pkwy South, Federal Way Dear Mr. Nelson: This letter is in response to the change of use request that was submitted to the Department of Community and Economic Development. The proposed use is an auto collision repair center at 35610 Enchanted Pkwy South. Kirmac Automotive Collision Systems' request is to occupy an existing vacant building. The site is located within the Commercial Enterprise (CE) zoning district. Auto repair centers can be established in the CE zoning district as provided in Federal Way Revised Code (FWRC) 19.240.050, Vehicle, boat, equipment, and outdoor storage container sales, rental, service, repair - Self-service storage - Tow and taxi lots. The previous use was Flynn's Carpet Cents, a retail establishment! As defined in FWRC 19.05.030, a change of use is determined to have occurred when it is found that the general character of the operation has been modified. This determination shall include review of, but not be limited to: hours of operation, required parking, traffic generation, general appearance, outdoor storage, and surface water runoff or discharge. General Character Previous Use(s) Flynn's Carpet Proposed Use More or Less Impact Collision Repair Center Monday — Friday: Monday — Friday: (1) Hours of 10:00am — 7:OOpm 7:OOam — 6:OOpm operation Saturday: Saturday: Impacts are similar. 10:00am — 6:OOpm 8:OOam — 5 pm Closed on Sunday Closed on Sunday The previous use The proposed use requires parking on a requires one parking case -by -case basis. stall per 300 square The applicant provided a parking analysis Parking demand is roughly (2) Required feet of gross floor area based on other location's parking demands equivalent in that 20 spaces parking for a total of 20 and site specific information. Per the would appear to provide spaces. The site is analysis, an estimated 6 parking stalls adequate parking for the improved with 16 would be required for employees, and 8 proposed facility. parking stalls. parking stalls for customers, for a total of 14 stalls. Vehicles parked for service are I 1 A change of use to allow automotive sales was approved in 2001; however, the auto sales use was never initiated. Mr. Nelson March 1, 2012 Page 2 General Character Previous Use(s) Flynn's Carpet Proposed Use Collision Repair Center More or Less Impact not counted towards required parking and are considered outdoor storage. The applicant proposes an additional 3-4 parking spaces in the outdoor storage area for cars that are dropped off/picked up for service. Closest available data to the previous use is (3) Traffic Specialty Retail (ITE No comparable ITE data is available for Unknown impacts at this generation LU 814) - 2.71 trips the proposed use. time! per 1,000 sq. ft. during the PM peak. More impact as the store (4) General Fagade is storefront New store front with garage bay entrances. frontage would change to appearance windows and doors. Outdoor storage addition to north side of garage doors and addition the building. of a screening fence and permanent vehicle storage. (5) Type, extent, or No designated exterior Fenced outdoor storage area for vehicles More impact, cars waiting for repair will be stored in amount of indoor or storage area for waiting to be repaired. the outdoor storage area. outdoor storage previous retail use. Visual impacts. There is the potential to negatively impact surface water due to this change. Typical for retail. However, the business (6) Constituents of Minimal impact No new impervious. Doesn't appear to could, through best management practices, surface water discharge or runoff associated with customer/employee meet definition of a high use site. minimize impacts to vehicle parking. surface water. The city does not have enough information available at this time to make that determination.` Upon analysis, it is found that the establishment of an auto collision center use in the existing building will modify the general character of the use and therefore constitutes a change in use. Specifically, the general appearance of the building will change and fenced outdoor vehicle storage will be added. More relevant, however, is the fact that city code treats auto repair use fundamentally different from retail use (such as a carpet store). Auto repair use requires larger building setbacks (15-foot side and rear vs. 5- foot) than retail use, FWRC 19.240.050 and 19.240.070 respectively. The requirement for the larger setbacks clearly indicates that the general character of the uses are different — hence the need for larger ' Further studies are required to address impacts. However, based on other factors as described in this letter, it has been determined that clarification of those impacts will not change the outcome of this analysis and no further information is necessary at this time. 11-104420 Doc. LD. 59429 Mr. Nelson March 1, 2012 Page 3 setbacks to address those differences. It is contrary to common sense to find that uses requiring significantly different setbacks are intended to be treated as equivalent uses. Based on analysis of the proposed use and the FWRC, a "change of use" has been triggered. Kirmac Automotive Collision Systems is required to submit and receive Process II (or Process III with SEPA) land use approval for the establishment of the new use within this building. Please note that the site must comply with all current zoning and building codes, including setback requirements. Process III land use approval is required if SEPA is required. At this time it is unclear if a spray booth will be installed within the existing building; if so, SEPA will be required. Please note that a preapplication conference is required in conjunction with SEPA review. If you have any questions please do not hesitate to contact Assistant Planner, Becky Chapin, at rebecca.chapin@cityoffederalway.com, or 253-835-2641. Sincerely, Isaac Conlen Planning Division Manager enc: Master Land Use Application Process II, Process III application handout SEPA Checklist c: Patrick Doherty, Community and Economic Development Director Peter Beckwith, Assistant City Attorney Ann Dower, Senior Engineering Plans Reviewer Rebecca Chapin, Assistant Planner Russ Lloyd, PO Box 4203, Federal Way, WA 98063-4203 Ian McIntosh, ianm@kirmac.com Mike Hovland, michael.hovland@gmail.com Joe Brogan, brogj@foster.com - Court Pixton, cbpixton@pugetsoundcommercial.com Jennifer Forbes, JAF@mcgavick.com 11-104420 Doc. I D. 59429 AMANDA 5.4.4.29.0092808.- User Rebecca.Chapin Signed on to Amanda Q p� Folder I Properly (1) I People (1) I Info P) I FeYCharge I'm CM 0) { Document ft I Comment P] 1 Atlaehmem I CurMdrons I c ListYew f RelatedYiew V Showno.ofrowsontabs t " mvrew W Shownm r. ListYerr P Showno Folder 11104420 000 00 AD Process Properly 35610 ENCHANTED PKWY S t385 ech.Review-Plannin -AD Inspection) 5�nws � 5lad Oa'e End Date User' becmCh%in Schedule ilf(1f20.1I R0000 J �� Sign off I AJival11601200:00:00 � Discipline, eveer BeseLrne �:12011 uu.00n0 Print Flag r Mandatory r AssignTo-0o r Scheduled r Display Order 00 FleLocaBon ProcessRSN 1443737 PrUrrNF— Aflempt ¢j I Checklist I Memo I Deficrancy I Attachment I Deoenden_y 11* I Consent I Ins.o D-tail I Date User Comment Result Time overtime Unit triilee a call from project architect Ned Nelson. Discussed project status. Let him know the city's R regarding setback issues, and change of use. He wanted to let the properly owner know the and they may call if they have questions. SA Check Rulers Returned J J _:J � soles Returned I Returned II` 1 RowRetumed 1 RawRetumed I II' Ili -User Rebecca Chapin Signed on Fie Data Search Ed Actlals Reports window Help I& 9, Ci c, T o B a ■ a - LpOM EA 0" CIM MA Ad Pkb %,.W T.4k Uot L"M R*i- Otli 9y Iddu Pro" � AUTOMOTIVE1 1 I ■ Foltler I Property (1) I People (1) I hlfo (9) I FeelCharge Process (9)1 Document � I Comment � I Attachment I Condtlions Folder 11104420 00000AD Process 2305 Lech.Review- Pionnin -AD Properly 35610 ENCHANTED PKWY S Inspection f Siaws - - ` SIartows End Date User 3ebecca Chapin Schedule j111MOI I n.00.00 �~ Sign 09 Adua I MOI11 0 Discoline , e+new Baseline �� PrintFlag r Mandatory r Assign To -Do r Scheduled r Display Order 00 File Location E—I ProcessRSN 4443737 Priorily F— xOMMENTSI J Attempt I Checklist I Memo I Deficiency I Attachment I DEpenden,p I Info I Consent I Ins;, De'.si' h Dates User Comment Result Time Mrltme Unit Mileage ense 60100 T-,e Text • i Editor ( Ma)dmum 4111 M ived Ii vla ael Hond CourtFitton, and Russ Lloyd came inthis dayto speakwith Isaacand myself abouthange ofuse analysis. Expressed concerns that came up in aphone conversation with the projedbcLTheysaidtheywillsubmitaletterexplaininghowthisproposalmeetscurrentzoninguse Will ate new proposal once it's submitted. G Llstyew r Relatedyew StagTvdey P Show no. of rows on tabs End Today Pr Show no. of rows on tabs r. Lislvew � Showno Spell Check auk- 1 RowRetumed 1 Row Returned Fk Data Seams Edt Adbms Repots ft&w Hey Leg OM Uk Ddeee CIM MAN P'id A,,* To -Do UA Up&* Re." Ded Qm folder Pro" Peep6 Rebecca Chapin From: Rebecca Chapin Sent: Friday, February 24, 2012 10:11 AM To: 'Michael Hovland' Subject: RE: Lloyd Hi Mike, We are working on getting a response out regarding the change of use analysis for Kirmac by the end of next week. Becky Chapin Assistant Planner Community and Economic Development City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Phone:253-835-2641 From: Michael Hovland fmaiit:o:michael.hovland@gmail.coml Sent: Thursday, February 23, 2012 1:36 PM To: Rebecca Chapin Subject: Lloyd Rebecca, How long will it take for us to see a response to the letter we submitted about Russ Lloyd's property? Mike Hovland, Architect MCGAVICK GRAVES ATTORNEYS AT LAW A Professional Services Corporation www.mcgavickgraves.com Jennifer A. Forbes jaf@mcgaviciccom February 24, 2012 1102 Broadway, Suite 500 Lori M. Bemis Of Counsel Tacoma, Washington 98402-3534 Cameron J. Fleury Robert L. Beale Jennifer A. Forbes William P. Bergsten Telephone (253) 627-1181 Ryen L. Godwin James W. Feltus Fax (253) 627-2247 Brian L. Green Henry Haas Gregory A. Jacoby K. Michael Jennings Angela D. Lee Dave J. Luxenberg Chris D. Maharry Ray Graves (Emeritus) Jesse D. Rodman Leo A. McGavick (1904-1994) Barbara Jo Sylvester Joseph P. Zehnder RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT FEB 272012 Becky Chapin Assistant Planner Community and Economic Development City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Also Sent VIA Email - Rebecca. Chapini o ederalwa .com Re: 35610 Enchanted Pkwy S. Federal Way, WA 98003 King County Parcel No. 2821049172 Change of Uses Review — Kirmac Automotive Collision Systems Your file: AD# 11-104420 My Client: Blackstone Collision, Inc. Dear Ms. Chapin: Yesterday, we received the City's response to our most recent request for records. In that response, the City provided a copy of a letter from Joseph A. Brogan dated February 17, 2012. The following are our responses to the Brogan letter. As with our previous correspondence, we ask that you consider these comments to be cumulative to our previous comments. Initially, it is worth noting that Mr. Brogan provides absolutely no additional factual information that could prove useful toward resolving the numerous issues raised by his client's application; Mr. Brogan (as with the prior submittals on behalf of Kirmac) simply makes conclusory statements that the proposed use does not constitute a "change of use." Mr. Brogan also chooses to ignore most of the substantive concerns raised by Blackstone, and — quite interestingly — utterly ignores the majority of the Code requirements of the City.' Noteworthy my client makes the following observations of the Brogan letter: There is no denial by Kirmac that they will be washing cars on the site. As the City is well aware, frequent car washing will result in the discharge of hazardous chemicals and t See, e.g., FWMC Sections 16.15.010, 19.240.050, and 19.15.030. Additionally, Mr. Brogan fails to acknowledge that the Change of Use analysis under FWMC 19.05.030 C is not exclusive. The City is permitted to consider other factors in its determination of whether an application is to be deemed a change of use. MCGAVICK GRAVES ATTORNEYS AT LAW A Professional Services Corporation Becky Chapin February 24, 2012 Page 2 debris into the City's stormwater system absent proper mitigation measures. We are unaware of any car washing that occurred at the Flynn Carpet Store. 2. There is no denial by Kirmac that tow trucks will drop damaged vehicles on their property when they are closed. Consequently, there is a high likelihood that severely damaged vehicles will be on -site for a period of time before they would eventually be transported to another site. Such likelihood did not exist at the Flynn Carpet Store. Kirmac acknowledged this reality in its prior submittals (stating that the vehicles would only be there for a short time), and yet Mr. Brogan attempts to paint a scenario where merely "dented" vehicles will be on site. Mr. Brogan's claim that only "drivable" vehicles or "dented" vehicles will be repaired on site suggests that none of these vehicles will result in the routine discharge of oil, antifreeze, coolant, transmission fluid, gasoline, etc. from the damaged vehicles. Mr. Brogan's argument is mere fallacious reasoning. Mr. Brogan is attempting to convince the City (without the benefit of any evidence) that only "non -drivable vehicles" will pose a risk of discharging fluids — implying that damaged vehicles that remain "drivable" never leak hazardous fluids. The fact is that most vehicles damaged in an accident will leak some fluids. Under the Kirmac proposal, these fluids will drain directly into the City's stormwater system. 3. Kirmac continues to fail to provide a parking study as required by the City code. 4. Kirmac continues to fail to establish why it should be permitted to count parking stalls that are behind a fenced area and not available to the public. 5. Kirmac continues to fail to explain how it will satisfy the City's landscape requirements. 6. Kirmac has not provided a traffic study nor have they provided any factual basis or other support for their "trip generation" estimates. The acceptance of such a bald assertion would create a dangerous precedence for the City. 7. Kirmac continues to fail to explain how their proposal for new parking stalls located along the northern boundary of the property will be consistent with the planned new exit from Interstate 5 onto 35e and the potential right-of-way expansion. 8. Kirmac continues to fail to provide sufficient facts/explanation of how they will accommodate 12 vehicle repair bays within the building. It is worth noting that the Flynn Carpet Store did not park any vehicles in the building. MCGAViCK GRAVES ATTORNEYS AT LAW A Professional Services Corporation Becky Chapin February 24, 2012 Page 3 9. Kirmac's claim that the proposed use is not a "material change" from the previous use of "indoor and outdoor storage" is disingenuous. First, in all their years of business at this site my client never saw a "semi tractor trailer" [sic] parked on the site when used as a Flynn's Carpet Store. Second, occasional and short-term parking of fully functioning delivery trucks is distinctly different than regular and continued storage of damaged vehicles on site. 10. Kirmac claims that my client's business is "different" and that the City's handling of the Blackstone Collision site should not be considered when the City determines the impacts resulting from the Kirmac proposal. We find it extremely interesting, if not ridiculous, that Kirmac attempts to convince the City that their auto repair shop is more like a retail carpet store than another auto repair shah. The absurdity of this argument requires no further comment. The reality is that Kirmac and Blackstone are virtually identical in all ways meaningful to the City. Both businesses repair damaged vehicles. Both businesses wash vehicles on site. Both businesses paint vehicles on site. Both businesses park repaired and damaged vehicles on site? If changing this use from a retail carpet store to an auto repair shop is not a change in use, then what is? Failure to find that this application is a change in us will set a very dangerous precedence in the City in its review of future change of use applications. In our last letter to the City, we sought records relating to the "prior uses" of this building. The request was contingent on the City's intent to actually accept this proposal as a "change of use." By way of this letter, we renew that request for records. Please do not hesitate to contact me if you have any questions or concerns. Sincerely, tfer A. Forbes MEN=M 0 cc: Client Peter Beckwith, Ast. City Attorney (via Peter.Beckwith@cityoffederalway.com) Patrick Doherty (via patrick.doherty@cityoffederalway.com) 2 Neither business sells carpet. Rebecca Chapin From: Jennifer Forbes <JAF@mcgavick.com> Sent: Monday, February 20, 2012 2:03 PM To: Rebecca Chapin; Carol McNeilly Cc: Erin Hill; Jennifer Forbes Subject: Public Records Request - 35610 Enchanted Pkwy Becky and Carol, Please consider this to be renewal of my previous requests for records. We are asking for any records relating to the above address that have not been previously been provided, per Chapter 42.56 RCW. Specifically records relating to: 1. Land Use or Building Permits 2. Land Use or Building Permit Applications 3. Any records relating to change of use designation that has not previously been provided by the City. Once again, I appreciate your assistance. Sincerely, Jennifer A. Forbes Attorney McGavick Graves, P.S. 1102 Broadway, Suite 500 Tacoma, WA 98402 Telephone - 253.627.1181 Facsimile - 253.627.2247 www.mcgavick.com ,adoptions • Bankruptcy a Business • Civil Litigation *Commercial Litigation » Construction • Construction Liens . Corporations Creditor's lights • Criminal Litigation *Domestic Relations . Employment ® McGav ck Graves Environmental Estate Planning «Labor Law . Land '%c:vis'tS AT .AW Use s Landlord/Tenant a Municipal • ,,:.,.,;,, :._,:- mutual corpora ions • Parentage @ Personal Injury Probate • Real Estate • Tax The information contained in this e-mail message may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this e-mail message in error, please notify the sender via e-mail or telephone at 253.627.1181. RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT FEB 21 2012 j FOSTER PEPPERr«< Direct Phone (206) 447-6407 February 17, 2012 VIA E-MAIL & U.S. MAIL Ms. Rebecca Chapin, Assistant Planner City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 Direct Facsimile (206) 749-1935 E-Mail brogj@foster.com RE: 35610 Enchanted Parkway S. — Change of Use Analysis for Kirmac Automotive Collision Systems, Inc. Dear Ms. Chapin: This firm is advising Mr. Russell Lloyd on permitting matters related to a proposed Kirmac Automotive Collision Systems ("Kirmac") business at 35610 Enchanted Parkway S. in the City of Federal Way. My client asked me to review recent correspondence related to this proposal, including letters sent to the City by competing businesses, and advise the City of our position on various permitting matters. As you are aware, the City of Federal Way ("City") asked Kirmac to provide information to assist the City with a Change of Use analysis for the Kirmac proposal ("Proposal"). I understand some information has already been exchanged between Kirmac's agents, Mike Hovland, on behalf of Mr. Lloyd, and the City on this topic. My client's position is that a Change of Use is not required for the Proposal based on the nature of the Proposal and an analysis of applicable City Code provisions. ■ Kirmac's Proposal Kirmac proposes an auto body repair use in an existing unoccupied commercial building. On December 16, 2011, Kirmac's agent, Ned Nelson, provided you with a site plan and schematic overlay of the Proposal. On December 8, 2011, Ian McIntosh, President and CEO of Kirmac, sent you a Parking Analysis that addressed not only parking requirements, but the specific nature of the use, and information concerning trip generation. Application of FWMC 19.05.030 The following is a brief summary of why the Proposal does not constitute a change of use: TEL:206.447.4400 FAx:206.447.9700 1111 THIRD AVENUE, SUITE 3400 SEATTLE, WASHINGTON 98101-3299 www.FOSTER.coM 51201281,1 SEATTLE WASHINGTON SPOKANE WASHINGTON Ms. Rebecca Chapin February 17, 2012 Page 2 (1) Hours of Operation There is no significant change in the hours of operation of the proposed use. Like the previous retail use, a carpet store, Kirmac would operate on a regular weekly business schedule, 7 a.m. to 6 p.m., Monday through Friday, 8 a.m. to 5 p.m., Saturdays, and closed Sundays. (2) Required Parking Mr. McIntosh's December 8, 2011 Parking Analysis addressed how the Proposal will comply with Code -required parking. Please let me know if the City has questions regarding the information provided. (3) Traffic Generation Mr. McIntosh's December 8 letter described anticipated trip generation as it relates to employees and customers. The anticipated trips are consistent with previous retail activity at the site. Please advise if additional information is needed. (4) General Appearance Mr. Nelson provided the City with a schematic of the proposed elevations of the building, including signage. There is no demolition planned. The improvements to the fagade are typical of any new tenant improvements and are in character of the architectural style of the building. (5) Type, extent or amount of indoor or outdoor storage The previous use, Flynn's Carpet, included temporary and short-term parking of motor vehicles on the premises, including large delivery trucks and "holding" of semi tractor trailers in outdoor areas. Kirmac's proposal also contemplates temporary and short-term parking of motor vehicles in outdoor areas. This does not constituie a material change in the use ofthe site. (6) Constituents of surface water discharge or runoff Mr. McIntosh's December 8, 2011 letter specifically states that only "drivable vehicles" will be repaired at the proposed location. All "non -drivable vehicles," which may be presumed to pose a risk of leaking fluids, will be towed from their pick-up location directly to Kirmac's 30,000 SF facility in Auburn, WA. There is no change in constituents of surface water discharge or runoff. There is no "new pollutant" associated with the Proposal. Only "drivable motor vehicles," including 3-4 dented vehicles, customer vehicles, and employee vehicles will visit the site each day. This is no different than the previous use of the site by heavy commercial vehicles, and customer and employee vehicles. 51201281.1 Ms. Rebecca Chapin February 17, 2012 Page 3 A distinct difference in operations between Kirmac and Blackstone Collision, next door, is that Blackstone services demolished and "non -drivable vehicles" on their premises, some of which are held on -site for undisclosed periods of time until the insurer sends them to auction. Not only is the nature of the two business operations different, but the constituents of surface water runoff are different. Based on the description of the Proposal, there is no factual basis to conclude that runoff from the Kirmac's proposed business is any different than what previously existed on the property. For the foregoing reasons, the Proposal does not constitute a Change of Use. We would be happy to address any additional questions the City may have concerning this particular matter. Please do not hesitate to contact me at 206-447-6407. Sincerely, FOSTER PEPPER PLLC eph A. Brogan cc: Deb Barker, City of Federal Way Russell Lloyd Michael E. Hovland, Architect 51201281.1 Rebecca Chapin From: Michael Hovland [michael.hovland@gmail.com] Sent: Wednesday, January 11, 2012 4:09 PM To: Rebecca Chapin Subject: Re: Kirmac - Lloyd Building Is it possible to meet with Isaac tomorrow? On Wed, Jan 11, 2012 at 3:55 PM, Rebecca Chapin <Rebecca.Cha in ci offederalwy .con�> wrote: Today is Wednesday, so I thought you were talking about Wednesday next week. I'm out of the office the next two days and Monday is a holiday. Next Tuesday or Wednesday at 11:00 work best for me. Becky From: Michael Hovland[mailto:michael.hoviand(dgmail.coml Sent: Wednesday, January 11, 2012 3:50 PM To: Rebecca Chapin Subject: Re: Kirmac - Lloyd Building Did you mean Wed the 1 lth? On Wed, Jan 11, 2012 at 3:49 PM, Michael Hovland <michael.hovland@gp ail.com> wrote: 11:00 am is good for me - thanks On Wed, Jan 11, 2012 at 3:35 PM, Rebecca Chapin <Rebecca.ChMimaa7cit !Offederalway.com> wrote: Hi Mike, Sure, I'm available to meet at 11:00am on Wednesday, 1/18/12. 1 have also asked Isaac to sit in on the meeting. Let me know if this time will work for you. Thanks, Becky Chapin Assistant Planner Community and Economic Development City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Phone: 253-835-2641 From: Michael Hovland [mailto:michael.ho_v_iand@gmaiicom] Sent: Wednesday, January 11, 2012 2:46 PM To: Rebecca Chapin Subject: Kirmac - Lloyd Building Ms. Chapin, I'd to have a quick meeting with you to go over a couple of items on the Kirmac project. I am open after 10:00 am Wed. Let me know what works for you. I think we can take of my questions in 30 minutes. Thanks, Mike Hovland Rebecca Chapin From: Rebecca Chapin Sent: Wednesday, January 11, 2012 12:34 PM To: Isaac Conlen Subject: FW: 35610 Enchanted Parkway Attachments: image001.jpg; image002.png; mgpsscanner@mcgavick.com_20120111_131037.pdf; image003.png Hi Isaac, Attached is another comment letter from Blackstone's attomey. Peter is aware of the issue because he was cc'd on the previous comment letter, as well as this one, but he has no concerns at this point. Thanks, Becky From: Jennifer Forbes [mailto:JAF@mcgavick.com] Sent: Wednesday, January 11, 2012 12:24 PM To: Rebecca Chapin Cc: Peter Beckwith; Patrick Doherty; Erin Hill Subject: 35610 Enchanted Parkway Please see attached correspondence - Sincerely, Jennifer A. Forbes Attorney McGavick Graves, P.S. 1102 Broadway, Suite 500 Tacoma, WA 98402 Telephone - 253.627.1181 Facsimile - 253.627.2247 www.mcgavick.com Adoptions - Bankruptcy ,, Business • Civil Litigation m Commercial Litigation a Construction • Construction Liens m Corporations I ri Creditor's Rights o Criminal Litigation a Domestic Relations v Employment • hi,,—Gav c:k Graves Environmental 9 Estate Planning o Labor Law 9 Land A'701 t; cY"a A.i :A IY Use Q Landlord/Tenant • Municipal 0 Mutual Corporations s Parentage a Personal Injury Probate s Real Estate o Tax The information contained in this e-mail message maybe privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this e-mail message in error, please notify the sender via e-mail or telephone at 253.62Z1181. MCGAVICK GRAVES ATTORNEYS AT LAW A Professional Services Corporation www.mcgavickgraves.com Jennifer A. Forbes jaf@mcgavick.com January 11, 2012 Becky Chapin Assistant Planner 1102 Broadway, Suite 500 Lori M. Bemis Of Counsel Tacoma, Washington 98402-3534 Cameron J. Fleury Robert L. Beale Jennifer A. Forbes William P. Bergsten Telephone (253) 627-1181 Ryen L. Godwin James W. Feltus Fax (253) 627-2247 Brian L. Green Henry Haas Gregory A. Jacoby K. Michael Jennings Angela D. Lee Dave J. Luxenberg Chris D. Mahany Ray Graves (Emeritus) Jesse D. Rodman Leo A. McGavick (1904-1994) Barbara Jo Sylvester Joseph P. Zehnder RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT Community and Economic Development City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Also Sent VIA Email - Rebecca. Chapin(aWtvoffederalwav com Re: 35610 Enchanted Pkwy S. Federal Way, WA 98003 King County Parcel No. 2821049172 Change of Uses Review — Kirmac Automotive Collision Systems Your file: AD#11-104420 My Client: Blackstone Collision, Inc. Dear Ms. Chapin: JAN 12 2012 Yesterday, we received the City's response to our most recent request for records. In that response, the City provided a copy of a letter from Ned Nelson dated January 4, 2012. The following are our initial comments/responses to the Nelson letter. As with the previous correspondence, we ask that you consider these comments to be cumulative to our previous comments. Mr. Nelson opines that the proposed Kirmac facility should be found to not be a "change of use" from the originally permitted warehouse structure. In his efforts to assist his client, Mr. Nelson, understandably, must stretch the bounds of reasons. 1. Mr. Nelson confuses the interplay of Building Codes and Land Use Codes. The UBC or IBC, as applicable, are directly related to structural requirements. They are intended to address certain construction issues — including but not limited to electrical, plumbing, materials, etc. The question of a change of "use" under the City's codes, relates primarily to the City's Land Use Codes, which govern "uses" within a given zone; and which may trigger certain environmental standards. A building may never "change" but the activities that occur within the building may change multiple times in perpetuity. The fact that a building is not altered (although in this case there appears to be an intention to alter the building) cannot — and should not — dictate the applicability of the Land Use Codes. MCGAVICK GRAVES ATTORNEYS AT LAW A Professional Services Corporation Becky Chapin January 11, 2012 Page 2 2. Mr. Nelson has failed to account for the fact that, even if the structure was permitted as a warehouse, it has since been used for other purposes. It is unclear to me how far one can reach back in time to find a prior use that was hypothetically "similar." This is particularly important when reviewing the City's storm water regulations, which look to the "immediately prior" use. It is irrelevant, for purposes of the questions presented to the City that it had, at some point in time, been permitted as a warehouse which is clearly not the immediately prior use. 3. The current proposal is not for a warehouse. It is to perform collision repair work on a site that might have once been a warehouse. The damaged vehicles on site will discharge hazardous chemicals, and the business must necessarily use hazardous chemicals (such as paint) to perform their work. This is a distinctly different use than a warehouse — regardless of whether they both fit into the "S 1" occupancy. My clients are somewhat handicapped in offering further argument in response to the Nelson letter without having further information regarding the previous "warehouse" use(s). If the City is intending to seriously consider this previous "use", then we request that copies of all records relating to this previous `use" (or uses) be provided to us under the provisions of the Public Records Act, Chapter 42.56 RCW. Once again, I appreciate your willingness to consider my client's comments. Please do not hesitate to contact me if you have any questions or concerns. Sincerely, fer A. Forbes Qennii7 s JAF:emh cc: Client Peter Beckwith, Ast. City Attorney (via Peter.Beckwith@cityoffederalway.com) Patrick Doherty (via patrick.doherty@cityoffederalway.com) Rebecca Chapin From: Jennifer Forbes [JAF@mcgavick.com] Sent: Tuesday, January 10, 2012 10:32 AM To: Rebecca Chapin Subject: RE: City Attorney Attachments: image001.jpg; image002.png; image003.png; image006.png Thanks. I am sending a response to their most recent letter and wanted to send it to him rather than Ms. Richardson. Much appreciated. Sincerely, Jennifer A. Forbes Attorney McGavick Graves, P.S. 1102 Broadway, Suite 500 Tacoma, WA 98402 Telephone - 253.627.1181 Facsimile - 253.627.2247 www.mcgavick.com Adoptions -Bankruptcy -Business a ' Civil Litigation m Commercial Litigation a Construction • Construction Liens o Corporations e Iri Creditor's Rights • Criminal Litigation a Domestic Relations o Employment • n;,cGav c k Graves Environmental • Estate Planning • Labor Law v Land E Y S A' LAW Use a Landlord/Tenant • Municipal,, ,,, ,,; ,.,, :,; Mutual Corporations • Parentage Q Personal Injury B Probate o Real Estate • Tax The information contained in this e-mail message may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this e-mail message in error, please notify the sender via e-mail or telephone at 253.62Z1181. From: Rebecca Chapin [mailto:Rebecca.Chapin@cityoffederalway.com] Sent: Tuesday, January 10, 2012 10:32 AM To: Jennifer Forbes Subject: RE: City Attorney That would be Peter Beckwith, Assistant City Attorney. Contact Info: Peter. Beckwith@cityoffederalway.com phone: 253-835-2572 From: Jennifer Forbes fmailto:JAF@mcgavick.com] Sent: Tuesday, January 10, 2012 10:22 AM To: Rebecca Chapin Subject: City Attorney Becky, A male Ast. City Attorney gave me a call. I am working from home and don't have my file. Can you send me his name?? Sincerely, Jennifer A. Forbes Attorney McGavick Graves, P.S. 1102 Broadway, Suite 500 Tacoma, WA 98402 Telephone - 253.627.1181 Facsimile - 253.627.2247 www.mcgavick.com Adoptions ,Bankruptcy • Business • Civil Litigation • Commercial Litigation • Construction* Construction Liens n Corporations o I Iri Creditor's Rights • Criminal Litigation • Domestic Relations a Employment o MicGav c k Graves Environmental • Estate Planning • Labor Law • Land Ai?C3N C Y S A.T i1.w Use • Landlord/Tenant a Municipal • x;,.,E,, „3_E„ , „�,, Mutual Corporations • Parentage • Personal Injury ■ Probate • Real Estate a Tax The information contained in this e-mail message may be privileged, confidential and protected from disclosure. if you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this e-mail message in error, please notify the sender via e-mail or telephone at 253.62Z1181. Rebecca Chapin From: Rebecca Chapin Sent: Friday, January 06, 2012 9:11 AM To: 'Jennifer Forbes' Subject: RE: Comments - Kirmac Automotive Attachments: image001.jpg; image002.png; image003.png Jennifer, Thank you for the comments. I will review the response and get back to you with any comments the city may have. Becky Chapin Assistant Planner Community and Economic Development City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Phone: 253-835-2641 From: Jennifer Forbes [mailto:JAF@mcgavick.com] Sent: Thursday, January 05, 2012 4:16 PM To: Rebecca Chapin; Patrick Doherty Cc: Erin Hill Subject: Comments - Kirmac Automotive Please see attached correspondence. Sincerely, Jennifer A. Forbes Attorney McGavick Graves, P.S. 1102 Broadway, Suite 500 Tacoma, WA 98402 Telephone - 253.627.1181 Facsimile - 253.627.2247 www.mcgavick.com Adoptions Bankruptcy -Business • Construction Liens o Corporations r Relations ^ Employment - Ni,- :�av Ck Grave:: Use o Landlord/Tenant A Municipal p A` IS AT " Probate s Real Estate a Tax Civil Litigation • Commercial Litigation a Construction • Creditor's Rights 4, Criminal Litigation • Domestic Environmental • Estate Planning • Labor Law a Land Mutual Corporations • Parentage o Personal Injury o The information contained in this e-mail message may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this e-mail message in error, please notify the sender via e-mail or telephone at 253.62Z1181. MCGAVICK GRAVES ATTORNEYS AT LAW A Professional Services Corporation www.mcgavickgraves.com Jennifer A. Forbes jaf@mcgavick.com January 5, 2012 Becky Chapin Assistant Planner 1102 Broadway, Suite 500 Lori M. Bemis Tacoma, Washington 98402-3534 Cameron J. Fleury Jennifer A. Forbes Telephone (253) 627-1181 Ryen L. Godwin Fax (253) 627-2247 Brian L. Green Gregory A. Jacoby Angela D. Lee Dave J. Luxenberg Chris D. Maharry Jesse D. Rodman Barbara Jo Sylvester Joseph P. Zehnder RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT JAN 0 6 2012 Community and Economic Development City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Also Sent VIA Email - Rebecca. +Chapin&Ei offederalwaa�.cont Re: 35610 Enchanted Pkwy S. Federal Way, WA 98003 King County Parcel No. 2821049172 Change of Uses Review — Kirmac Automotive Collision Systems Your file: AD#11-104420 My Client: Blackstone Collision, Inc. Dear Ms. Chapin: Of Counsel Robert L. Beale William P. Bergsten James W. Feltus Henry Haas K. Michael Jennings Ray Graves (Emeritus) Leo A. McGavick (1904-1994) The following are Blackstone Collision's (hereafter `Blackstone") supplemental comments to the City, based on the information received from the project applicant since our prior correspondence. These comments should be considered to be in addition to my client's prior comments as set forth in our letter dated November 18, 2011. It is our position that the issues raised in our prior correspondence have not been resolved by the subsequent submissions and that the City should find that this proposal constitutes a change of use requiring closer review by the City. FWMC 19.05.030: Pursuant to FWMC 19.05.030, this proposal constitutes a change of use: (1) Hours of operation: We saw no response from the applicant that would clarify this element for determining whether a change of use has been proposed. Please see prior comments. M C G A V I C K Becky Chapin GRAVES January 5, 2012 ATTORNEYS AT LAW Page A Professional Services Corporation (2) Required parking: The project proponent has attempted to clarify their proposed parking. This response, however, is clearly inadequate under the City's code. In response to the specific claims as detailed in the 12/8/11 letter from Kirmac, we offer the following comments: a) Kirmac has continued to fail to provide a parking study; instead offering their own opinions which are clearly formulated to suit their own goals. b) Kirmac states that only "drivable" vehicles will be located on site. This statement is contradicted by their own information, wherein they implicitly acknowledge that occasionally non -drivable vehicles will be brought to the location and then eventually transferred to another site. They provide no assurances of how long a vehicle might be sitting on site before the vehicle is transferred. c) Furthermore, tow companies will drop vehicles at their site when they are not open. These vehicles will sit on site, draining fluids into the storm water system, for hours or possibly even days if they are not open on holidays or weekends. d) Kirmac indicates that 10-12 customer pick-ups and drop-offs will occur per day. They then offer only 8 "customer stalls" for this purpose. e) Kirmac offers no basis for their assertion of 3-4 incoming vehicles per day. f) Kirmac now claim to have 20 available stalls, which we agree is the necessary number. However, in reaching this number they are including the stalls that are within the proposed fenced area. My client was specifically prohibited from counting similar parking in order to meet the City's parking requirements. g) The revised site plan proposes the removal of landscaped areas to accommodate parking. Any such revisions must satisfy the City's landscape requirements. h) Several of the proposed new parking stalls are located along the northern boundary of the property. This area abuts the planned new exit froth Highway 5 onto 356 h. It is unclear whether this proposal will interfere with any right-of- way expansion. Further, we believe that the City code requires landscape screening for parking that abuts a roadway. It is not clear how Kirmac will accommodate that requirement. i) Kirmac has failed to provide any diagrams showing how they will be able to fit 12 vehicle repair bays within the building. We, along with the City, are handicapped in even beginning to assess this assertion. Furthermore, when taking into account all of the other equipment areas necessary for this type of business (including a mixing room, a spray booth, necessary ventilation, etc.), our consultants believe that it is unlikely Kirmac will be able to manage more than 6-7 "vehicle repair bays" within the facility when accounting for the square footage of the building and the area identified for the proposed store front. MCGAVICK GRAVES - ATTORNEYS AT LAW A Professional Services Corporation Becky Chapin January 5, 2012 Page 3 j) The City held firm in its approach to the Blackstone application. We are confident that the City will hold Kirmac to the same standards, and accordingly this proposal cannot be deemed to satisfy the code requirements. k) In any event, the proposal still constitutes as distinct change of use from the prior business. For finther concerns, please see our prior comments. (3) Traffic generation: We saw no response from the applicant that would clarify this element for determining whether a change of use has been proposed. Please see prior comments. (4) General appearance: We saw no response from the applicant that would clarify this element for determining whether a change of use has been proposed. Please see prior comments. (5) Type, extent or amount of indoor or outdoor storage: We saw no response from the applicant that would clarify this element for determining whether a change of use has been proposed. In fact, it appears that their plan to create a fenced area with 12 parking stalls is a clear change in use from the prior business operations. For further concerns, please see our prior comments. (6) Constituents of surface water discharge or runoff: As noted in our prior correspondence, this is the most environmentally significant change in the proposed use. There was no information in the subsequent submittals that would change the fact that this use will in fact "release a new pollutant(s) to surface water systems within the city." The City has previously acknowledged the potential environmental impacts that may result from auto repair facilities when it required Blackstone to provide significant mitigation during its project review. As a result, Blackstone has a facility that protects the City's storm water system from the impacts of the routine discharge of oil, antifreeze, coolant, transmission fluid, gasoline, etc. from damaged vehicles. Kirmac should be held to the same standard and not allowed to avoid the obvious consequences of their business by suggesting that they are not, indeed, a change of use. For further concerns, please see our prior comments. MCGAVICK GRAVES ATTORNEYS AT LAW A Professional Services Corporation Additional Comments: In reviewing the proposal, Blackstone has a number of additional concerns: Becky Chapin January 5, 2012 Page 4 (1) The revised site plan includes a proposal to remove a fence and a gate between the Kirmac site and the Blackstone property. The fence, and in particular the gate, was a project requirement for Blackstone. The removal of the gate will create security issues for Blackstone as the fence and gate prevent access into Blackstone's fenced storage area. (2) The removal of the fence, we believe, is being made so that Kirmac can attempt to include an extremely narrow strip of land as part of their landscaping requirements. Inclusion of this narrow strip as "landscaping" is ridiculous. This strip of land has been in its current condition for 40 years. This narrow strip between the two properties is merely a few feet in width, and maintenance is not feasible. It will provide no aesthetic value nor is it located in an area to provide environmental mitigation for potential run-off. It simply cannot properly be deemed a "landscape strip." (3) Blackstone is also concerned about any alterations that might be proposed for the street access located at the south-west corner of the Kirmac site. It is unclear from the proposal whether there would be any changes to this access point, but we want to make clear that any changes must be approved or agreed upon by Blackstone. This has been a shared access point for approximately forty years; and the current configuration was part of the Blackstone project approval - providing a second exit from the Blackstone site for traffic and fire safety purposes. Conclusion: Though we appreciate the City's willingness to consider Kirmac's proposal, it cannot be reasonably disputed that an auto repair facility is distinctly different than a carpet store. If you or any other City staff wishes to see for yourselves how an auto repair facility truly operates, my client is willing to set up a time for you to visit their facility and will give you a tour. To find that this proposal is not a "change of use" would leave the City in a position where it would have a hard time deeming anything to be a change of use. The reality is that Kirmac is attempting to fit a square peg into a round hole. It goes without saying that not every site can be used in the manner an applicant hopes for — not every site can accommodate a Costco. This type of business simply does not work on this particular site. They need a larger site to accommodate all of the necessary parking and environmental mitigation that is necessary for their business proposal. MCGAVICK GRAVES ATTORNEYS AT LAW A Professional Services Corporation Becky Chapin January 5, 2012 Page 5 If we can provide further information or clarification to our concerns expressed above, please do not hesitate to contact me. Pursuant to Chapter 42.56 RCW, please continue to provide copies of any additional/supplemental information pertaining to the above factors received by the City — regardless of their source. Sincerely, ennifer A. Forb s JAF:emh cc: Client Patricia Richardson, City Attorney (with Enclosed Copy of 11/18/11 Letter) Patrick Doherty (via patrick.doherty@cityoffederalway.com) Rebecca Chapin From: Rebecca Chapin Sent: Thursday, January 05, 2012 4:27 PM To: Isaac Conlen Subject: FW: Comments - Kirmac Automotive Attachments: image001.jpg; image002.png; mgpsscanner@mcgavick.com_20120105_170809.pdf; Blackstone—Kirmac Comment Letter.pdf; image003.png FYI... Blackstone just submitted their comments in response to Kirmac's parking analysis. I also attached their previous response letter. From: Jennifer Forbes [mailto:JAF@mcgavick.com] Sent: Thursday, January 05, 2012 4:16 PM To: Rebecca Chapin; Patrick Doherty Cc: Erin Hill Subject: Comments - Kirmac Automotive Please see attached correspondence. Sincerely, Jennifer A. Forbes Attorney McGavick Graves, P.S. 1102 Broadway, Suite 500 Tacoma, WA 98402 Telephone - 253.627.1181 Facsimile - 253.627.2247 www.mcgavick.com Adoptions o Bankruptcy -Business • Civil Litigation -Commercial Litigation -Construction Construction Liens , Corporations w T Creditor's Rights • Criminal Litigation a Domestic Relations 2 Employment • N;cGav ck Graves Environmental a Estate Planning • Labor Law v Land A! TO RNEYS A'-_AW Use • Landlord/Tenant o Municipal :,Ex; ;..;M,;,, „ Mutual Corporations • Parentage A Personal Injury Probate a Real Estate • Tax The information contained in this e-mail message may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this e-mail message in error, please notify the sender via e-mail or telephone at 253.627.1181. Rebecca Chapin From: Ned Nelson, Architect [nednelson@msn.com] Sent: Wednesday, January 04, 2012 9:24 AM To: Rebecca Chapin Cc: Ian McIntosh Subject: Kirmac Federal Way Attachments: Kirmac Federal Way.PDF Becky, Here is another thought I had regarding change of use and occupancy. Thanks, Ned 1021 92nd Avenue Northeast Bellevue, Washington 98004 425.444.6782 fax 425.4511458 email: nednelson@msn.com Ned Nelsozx January 4, 2012 Rebecca Chapin, City of Federal Way 33325 8'1' Avenue S Federal Way, Wa. 98003 RE: 35610 Enchanted Parkway S Systems Dear Becky, Architect Change of use analysis for Kirmac Automotive Collision Thanks for your time yesterday regarding the change of use issue. I think we have addressed the 6 points outlined in the zoning code; however you mentioned research indicating that the original certificate of occupancy was for a warehouse. With that in mind, I think we should also look at the occupancy categories in the building code. The original building had to have been constructed under the Uniform Building Code. If the original certificate of occupancy was issued for a warehouse, then the occupancy group in the code would have been S 1. We are now under the International Building Code. The proposed tenant use is of course motor vehicle repair. IBC 2009 section 311 classifies this use as S1, the same occupancy group as warehouse. Therefore; based on occupancy group classification in the building code, I think this would not be considered a change of use. Ian McIntosh (Kirmac) has advised the owner of the city's concerns, and I think the building owner may want to come in to talk to you, so lie can better understand the issues. Thanks again for your time to review our project. N Ne Ned Nc6on, Arr-kitect s Cmlt v�t�croAot Soo)P4 ate 1 BLV'lr YoPLorLOW •TI"S&F-. ekV-S alit ic N l � Y � RReo ses C3v1� wrr.�S f f��# �( t'SGR1Wr'I'T1■Rr 6//6lFMF�J ' r--l- k.- LI N , 7 Ned Nelson, Architect sheet # 1 2 � }-S�1IL'� cG�-.1.-• �J�_ El.mt.1��LC'h •WAt_L _ — ___ � � `L • Lii �-S V Y to II�IQRN�IiGiQIM+a ��} I •t t 1 r� 41'4lP4liiT. _ - d IL s I 3 �• �� .� i 11 � a � - ' � • L •� fie, O1 '7 -- 1° �. Pao. wulcvwY � 71 L II � 4a++osW140, 1 - W4W1-OLK k .rRI4wr Iq 1 1 1- CMII 171cFpfv2 no) -A Z3, ply,/ A.n>;6 t ifa id C T- �,>t b- ex4sr'r� o.H. cages fi .�: • `- — � Ex IS j'cr IMN F cYYcUK�n arfewfdeer+V� _ riE 3TDR$FILONT SN ale IC13t41z8 • ^onmo►i.� vlwlc4e �.+Q•+1'p �rt+lbw» r Gvv 11 Ns$" ass"1�!' 2Q97q' '� `_ ' -f'eun • LIM � ![EMovB fll�t�f' %�lrf Nliw-as A-1tp �L V'C. To P LII� -TII smp- d4 F-a I_ � bu�..cKsT�4 A�O6r Mso sea doo" p.rr�s .IM�LP. 0)-C4N Ml.li I Rebecca Chapin From: Ned Nelson, Architect [nednelson@msn.com] Sent: Friday, December 16, 2011 8:48 AM To: Rebecca Chapin Subject: Federal Wy Parking letter. Attachments: image001 Jpg; Parking Letter - BCFW.pdf RE: 35610 Enchanted Parkway S Becky, Here is the letter regarding anticipated parking requirements for Kirmac at the above address. Ned Nelson Ian McIntosh I Chairman & CEO I Kirmac Automotive Collision Systems Inc. I ianm@kirmac.com Mobile: 604-644-9790 ��t(? OAF CS�"�'5 fui d s hffg://www.kirmcic.comlkirmac This e-mail and any attachments may contain confidential information. It is intended for the addressee(s) names herein. If you are not the intended recipient of this e-mail you are notified that any dissemination, distribution or duplication of this email and attachments is strictly prohibited. If you received this e-mail in error, please notify me immediately and permanently delete / dispose of the original and any copy of the email, attachments or printed copies. 12130 Bel -Red Road Bellevue WA 98005 5WAutomotive Col/ision Systems (US) Inc. , December 8, 2011 Attention: Becky Chapin Assistant Planner Community and Economic Development City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 RE: Proposed new Kirmac Collision location at 35610 Enchanted Parkway S. Dear Becky, Further to your previous communications with Ned Nelson in regard to our interest in opening a new Kirmac Collision store at the above referenced location, I am writing to address the parking questions you mentioned to Ned in your email of Thursday Nov. 17`h. The proposed Federal Way location represents an important addition to Kirmac's current total of 12 locations in the Puget Sound and we fully understand the importance and need for adequate planning with respect to the parking; simply put, we need it to work too! In this regard, please review the following information and parking analysis. We believe this is what you are looking for to complete your review. 1. Only "drivable" vehicles will be repaired at this location, significantly reducing the usual requirement for collision repair shop parking. All non -drivable customer vehicles will be towed directly to our 30,000 SF location in Auburn, set up specifically for vehicles that have sustained more severe damage. We have successfully used this approach for the past 6 years at our West Seattle location (which has only street parking available) where all non -drivable vehicles are sent on for repair to our location on Rainier Avenue. In this circumstance, the originating "customer service" location, forwards the vehicle directly (before it leaves the tow truck) to the designated "repair" location. After the repairs are complete, the vehicle is then towed or driven back to the customer service location, which then delivers the vehicle back to the customer. This protocol will be the same at the Federal Way store. 2. As Kirmac Federal Way will be designed as a "drivable vehicle only" repair facility, we expect an average of 3 to 4 incoming vehicles per day, with the same number of in -process vehicles being completed and picked up each day. We believe our revised parking layout of 20 stalls is more than adequate for this size operation as there are also an addition 12 vehicle repair bays located inside the facility. Since vehicles cycle in and out each day, the actual time each vehicle spends in the parking lot is minimal. All vehicles waiting to be repaired, which are not inside the building, will be stored behind the proposed screen fence. 3. The only day parking at this facility will be for employees, vehicles dropped off to be repaired which are not yet inside the building, and finished cars waiting to be picked up. The paperwork for a "non -drive" vehicle is usually done electronically, however, the customer will occasionally show up to sign paperwork at the store or arrange for a rental car which typically takes just a few minutes to complete. At the conclusion of repairs, the customer will normally be dropped off to pick up their vehicle or we deliver it to their home or place of work. 4. Employees at this store are anticipated at 6. They will either take public transportation, or park on site. Car- pooling is encouraged. 11Page IPA M_mMo� oCollision aSystems (US) Inc. Parking Analysis based_ upon the above_ information. 1. Existing parking on -site - 16 stalls (see existing site plan) 2. Revised parking on -site - 8 customer stalls (includes 1 handicap stall) - 12 employee and repair stalls behind screen fence = 20 Proposed Stalls Total 3. Other parking _ 12 repair bays inside building 4. Anticipated customer pick-up and drop-off - 10-12 per day requirements 5. Anticipated average customer time at store - Assume 30-45 minutes to process 6. Anticipated employees at this store - 6 employees a) Based upon 12 employee and repair stalls behind the fence, and 12 repair bays, there will be adequate parking for employees, the 3-4 cars per day delivered to the store, and 3-4 cars finished ready for pick up. Cars being worked on of course will remain inside the building. b) Based upon the anticipated 3-4 cars per day dropped being off for repair, and 3-4 cars per day finished and delivered, we believe that 8 customer stalls are more than adequate. Based upon our experience in our 12 other locations, the majority of these stalls will be open most of the day. Becky, I hope this gives you the information you require for your review. Should you need anything further, please feel free to contact Ned (nednelson@msn.com )or myself (ianm@kinnac.com) at your convenience. Thank you for your help on this proposed project, we look forward to working with you towards a successful start-up for Kirmac in Federal Way. Sincerely, Kirmac Automotive Collision Systems (US) Inc. Ian G. McIntosh President & CEO CC: Ned Nelson - Architect 2 1 P a g e Rebecca Chapin From: Jennifer Forbes [JAF@mcgavick.com] Sent: Wednesday, December 07, 2011 11:47 AM To: Rebecca Chapin Subject: RE: PDA #11-243 (35610 Enchanted Pkwy S.) Attachments: image001.jpg; image002.png; image004.png; image005.png; image009.png; image010.png To clarify, we can submit comments after they respond? We don't want to waste the City's time with comments that may not be relevant if they change their proposal. Sincerely, Jennifer A. Forbes Attorney McGavick Graves, P.S. 1102 Broadway, Suite 500 Tacoma, WA 98402 Telephone - 253.627.1181 Facsimile - 253.627.2247 www.mcgavick.com Adoptions e? Bankruptcy o Business o j Civil Litigation • Commercial litigation - Construction • Construction Liens n Corporations a _Ln Creditor's Rights • Criminal Litigation • Domestic Relations P Employment • McGa: < Graves I Environmental • Estate Planning • Labor Law , Land Use - Landlord/Tenant • Municipal • " R,: ,,;o,,,;�_,:,, Mutual Corporations •Parentage Personal Injury s Probate , Real Estate o Tax The information contained in this e-mail message may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this e-mail message in error, please notify the sender via e-mail or telephone at 253.627.1181. From: Rebecca Chapin [mailto:Rebecca.Chapin@cityoffederalway.com] Sent: Wednesday, December 07, 2011 11:26 AM To: Jennifer Forbes Subject: RE: PDA #11-243 (35610 Enchanted Pkwy S.) Hi Jennifer, Yes, you can submit comments. They should have a response to the city within the next few days regarding parking. Becky Chapin Assistant Planner Community and Economic Development City of Federal Way 33325.8th Avenue South Federal Way, WA 98003-6325 Phone: 253-835-2641 From: Jennifer Forbes fmaiito:3AF@mcgavick.coml Sent: Tuesday, December 06, 2011 4:51 PM To: Rebecca Chapin Subject: RE: PDA #11-243 (35610 Enchanted Pkvvy S.) We might have some more comments about the parking, can we give those to you after we see their response? Sincerely, Jennifer A. Forbes Attorney McGavick Graves, P.S. 1102 Broadway, Suite 500 Tacoma, WA 98402 Telephone - 253.627.1181 Facsimile - 253.627.2247 www.mcgavick.com Adoptions v Bankruptcy <� Business • Civil Litigation • Commercial Litigation • Construction• Construction Liens v Corporations Creditor's Rights • Criminal Litigation • Domestic Relations a Employment • &,kcGav:c Graves Environmental • Estate Planning • Labor Law • Land Use & Landlord/Tenant o Municipal + s„ ,; Mutual Corporations m Parentage a Personal Injury o Probate a Real Estate 7 Tax The information contained in this e-mail message may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this e-mail message in error, please notify the sender via e-mail or telephone at 253.627.1181. From: Rebecca Chapin fmailto:Rebecca.Chapin(o)cityoffederalway.com] Sent: Tuesday, December 06, 2011 3:29 PM To: Jennifer Forbes Cc: CK Subject: RE: PDA #11-243 (35610 Enchanted Pkwy S.) No problem. All requests go through the City Clerk's office. The initial email to you would have came from the Clerk's office back on November 23, 2011. The information was in response to your records request dated November 18, 2011. No new records have been submitted since that time. I apologize if you did not get that information. Becky Chapin Assistant Planner Community and Economic Development City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Phone: 253-835-2641 From: Jennifer Forbes jmailto:JAF@mcgavick.comJ Sent: Tuesday, December 06, 2011 3:05 PM To: Rebecca Chapin Subject: RE: PDA #11-243 (35610 Enchanted Pkvvy S.) Wow, I never received this. I went through my email again and it wasn't there. Thanks. Sincerely, Jennifer A. Forbes Attorney McGavick Graves, P.S. 1102 Broadway, Suite 500 Tacoma, WA 98402 Telephone - 253.627.1181 Facsimile - 253.627.2247 www.mcgavick.com Adoptions ■ Bankruptcy • Business • Civil Litigation • Commercial Litigation ■ Constructions Construction Liens a Corporations • -1 ri Creditor's Rights • Criminal Litigation • Domestic Relations a Employment • n,cravic� Graves Environmental ■ Estate Planning • Labor Law v Land Use • Landlord/Tenant c Municipal • =Y ,,:�,,,,.,,:�v,�,;,.,;n„: Mutual Corporations *Parentage *Personal Injury • Probate • Real Estate • Tax The information contained in this e-mail message may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this e-mail message in error, please notify the sender via e-mail or telephone at 253.62Z1181. From: Rebecca Chapin [mailto:Rebecca.Chapin-@-cityoffederalway.com Sent: Tuesday, December 06, 2011 2:05 PM To: Jennifer Forbes Cc: CK Subject: FW: PDA #11-243 (35610 Enchanted Pkwy S.) Hi Jennifer, The attached emails were included in the response packed for PDA # 11-240, emailed to you on November 23, 2011. Becky Chapin Assistant Planner Community and Economic Development City of Federal Way 33325 8th Avenue South Federal .Way, WA 98003-6325 Phone: 253-835-2641 From: Jennifer Forbes rmailto:JAF@mcgayick.coM] Sent: Tuesday, December 06, 2011 12:12 PM To: Rebecca Chapin Subject: RE: PDA #11-243 (35610 Enchanted Pkwy S.) You know, I don't recall seeing an email request for info to the applicant. Can you resend that to me? Sincerely, Jennifer A. Forbes Attorney McGavick Graves, P.S. 1102 Broadway, Suite 500 Tacoma, WA 98402 Telephone - 253.627.1181 Facsimile - 253.627.2247 www.mcgavick.com Adoptions • Bankruptcy • Business • Civil Litigation • Commercial Litigation • Construction Construction liens • Corporations • Creditor's Rights • Criminal Litigation Q Domestic Relations a Employment ti;cGa rc; c t;r,;,vzs Environmental • Estate Planning • Labor Law • Land oa�::v:: A L,.,: Use - Landlord/Tenant,, Municipal • .,. Mutual Corporations 1, Parentage ■ Personal Injury • Probate • Real Estate -Tax The information contained in this e-mail message may be privileged, confidential and protected from disclosure. if you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this e-mail message in error, please notify the sender via e-mail or telephone at 253.62Z1181. From: Rebecca Chapin [mailto:Rebecca.Chapingcit)Loffederalway.comi Sent: Tuesday, December 06, 2011 12:00 PM To: Jennifer Forbes Subject: RE: PDA #11-243 (35610 Enchanted Pkwy S.) No. The only item I have sent the applicant was an emailed request for parking information, which you received with the previous records request. No official letter has been sent to the applicant. Becky Chapin Assistant Planner Community and Economic Development City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Phone: 253-835-2641 From: Jennifer Forbes fmailto:JAF@rncgavick.coml Sent: Tuesday, December 06, 2011 11:53 AM To: Rebecca Chapin Subject: RE: PDA #11-243 (35610 Enchanted Pkwy S.) You sent a letter to them right? Sincerely, Jennifer A. Forbes Attorney McGavick Graves, P.S. 1102 Broadway, Suite 500 Tacoma, WA 98402 Telephone - 253.627.1181 Facsimile - 253.627.2247 www.mcgavick.com Adoptions • Bankruptcy • Business . Construction Liens - Corporations Relations o Employment Use G Landlord/Tenant a Municipal a Probate a Real Estate a Tax Civil Litigation a Commercial Litigation • Construction • JCreditor's Rights o Criminal Litigation U Domestic h,AcGav c k Craves Environmental a Estate Planning • Labor Law • Land C'fi�YS AT _A,N Mutual Corporations a Parentage a Personal Injury m The information contained in this e-mail message may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this e-mail message in error, please notify the sender via e-mail or telephone at 253.627.1181. From: Rebecca Chapin [mailto:Rebecca.Chapin@cityoffederalway.coml Sent: Tuesday, December 06, 2011 10:08 AM To: Jennifer Forbes Cc: CK Subject: PDA #11-243 (35610 Enchanted Pkwy S.) Hi Jennifer, At this time there are no records to produce for parcel # 282104-9172. No new documents have been submitted for the change of use application since your previous records request. Please let me know if you have any questions. Thanks, Becky Chapin Assistant Planner Community and Economic Development City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Phone:253-835-2641 From: Jennifer Forbes Lmailto:]AF@mcgavick.coml Sent: Wednesday, November 30, 2011 4:24 PM To: Rebecca Chapin Cc: Erin Hill Subject: Request for Records - Parcel 282104-9172 and/or 35610 Enchanted Pkvvy S. RE: Parcel 282104-9172 and/or 35610 Enchanted Pkwy S. Good Afternoon, I'm writing to renew my request for records as follows: Pursuant to the provisions of Chapter 42.56 RCW, please produce any and all of the following public records for the above listed parcel from the last 12 months: 1. Land Use or Building Permits 2. Land Use or Building Permit Applications 3. Any records relating to change of use designation that has not previously been provided by the City. As you know, a notice of appeal must be filed in 14 days after issuance of the director's decision. Accordingly, time is of the essence in responding to this public records request as any decisions of the director made in the last 14 days for the above listed property may be appealed. In addition, please list this firm as an interested party with regard to any land use actions which relate to the above listed parcel. Please provide notice of any decisions of the director or applications received regarding the above listed parcel. If you have any questions or concerns please contact me immediately. Sincerely, Jennifer A. Forbes Attorney McGavick Graves, P.S. 1102 Broadway, Suite 500 Tacoma, WA 98402 Telephone - 253.627.1181 Facsimile - 253.627.2247 www.mcgavick.com Adoptions *Bankruptcy ►Business • Civil Litigation +Commercial Litigation *Construction* Construction Liens • Corporations UJI Creditor's Rights • Criminal litigation • Domestic Relations • Employment •;c;�;c,v'::<t rc:rvs Environmental • Estate Planning • Labor Law • Land Use • Landlord/Tenant ■ Municipal • e' „ AW Mutual Corporations • Parentage • Personal Injury • Probate • Real Estate • Tax The information contained in this e-mail message may be privileged, confidential and protected from disclosure. if you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this e-mail message in error, please notify the sender via e-mail or telephone at 253.627.1181. MCGAVICK GRAVES ATTORNEYS AT LAW A Professional Services Corporation www.mcgavickgmyes.com Jennifer A. Forbes jaf@mcgavick.com November 18, 2011 Becky Chapin Assistant Planner 1102 Broadway, Suite 500 Tacoma, Washington 98402-3534 Telephone (253) 627-1181 Fax (253) 627-2247 Lori M. Bemis Cameron J. Fleury Jennifer A. Forbes Ryen L. Godwin Brian L. Green Gregory A. Jacoby Angela D. Lee Dave J. Luxenberg Chris D. Maharry Jesse D. Rodman Barbara Jo Sylvester Joseph P. Zehnder RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMEW Community and Economic Development City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Also Sent VIA Email - Rebecca. Chag "(a-)XItVo federalwavcom Of Counsel Robert L. Beale William P. Bergsten James W. Feltus Henry Haas K. Michael Jennings Ray Graves (Emeritus) Leo A. McGravick (1904-1994) NOV 22 2011 Re: 35610 Enchanted Pkwy S.x Federal Way, WA 98003 King County Parcel No. 2821049172 Change of Uses Review — Kirmac Automotive Collision Systems Your file: AD#11-104420 Dear Ms. Chapin: I am writing on behalf of Blackstone Collision, Inc. (hereafter "Blackstone'). Blackstone owns the property adjacent to the above identified parcel. We are writing to express concerns and provide comments regarding the request for a "change of use analysis" as set forth in the October 27, 2011 letter from Ned Nelson to your Department. As you are aware, the City Code defines a change of use as follows: 19.05.030 C definitions "Change of use" means the general character of a use has been modified. This determination shall include but not be limited to a review of: (1) Hours of operation; (2) Required parking; (3) Traffic generation; (4) General appearance; (5) Type, extent or amount of indoor or outdoor storage; and (6) Constituents of surface water discharge or runoff. [Emphasis Added]. I have reviewed the City's code for guidance as to the significance of a "change of use" determination, and have found it to have limited application. For example, the City's stormwater regulations limit the ability to exempt a "changed use" from the City's stormwater regulations to very narrow circumstances. Relevant to this inquiry: MCGAVICK GRAVES ATTORNEYS AT LAW A Professional Services Corporation Becky Chapin November 18, 2011 Page 2 16.15.010 Regulated activities. The following projects or activities are subject to the provisions of this title: (7) Projects that involve a change in use, and the changed use has a potential to release a new pollutant(s) to surface water systems within the city. For the purposes of this subsection, "new pollutant(s) " means a pollutant that was not discharged at that -location immediately prior to the change in use, as well as a pollutant,that was discharged in less quantities immediately prior to the change in use; [Emphasis Added]. Furthermore,' regardless of whether there is a technical "Change of use" SEPA review may still be required when there is an alteration to parking or other public areas: 19.15.030 Review processes for improvements and additions to developed sites. Improvements and/or additions to existing developed sites shall ' be subject to land use review processes as follows: (1) Process I. Improvements and/or additions to an existing developed site that are exempt from SEPA shall be processed using process I, provided the improvements and/or additions do not exceed any of the following thresholds: (a) There is no change of use. (b) There is no reduction in the amount of required landscaping, buffering, open space, or public areas. (c) There is no material change or reduction in the amount of required parking. (d) There is no material change in the location of utilities, easements, or pedestrian connections. (e) There is no material change to the approved architectural design- (f) There are no additional adverse impacts to critical areas. (2) Process H. Improvements and/or additions to an existing developed site that are exempt .from SEPA and exceed the thresholds in subsection (1) of this section shall be processed using process H. (3) Improvements not exempt from SEPA. Improvements and/or additions to .an existing developed site that are not exempt from SEPA shall be processed under process III, unless process IV is indicated by the applicable use zone chart in which case process IV- shall be used. 1 Other code provisions may apply, e.g. concurrency management review and transportation impact fees. MCGAVICK GRAVES ATTORNEYS AT LAW A Professional Services Corporation Becky Chapin November 18, 2011 Page 3 [Emphasis Added]. Additionally, the City's Zoning Code establishes SEPA, set -back, and parking requirements for the proposed use of "Mechanical Repair" which must be addressed., These requirements appear applicable regardless of whether there is a "change of use:" 19.240.050 Vehicle, boat, equipment, and outdoor storage container sales, rental, service, repair — Self-service storage — Tow and tam lots. • Mechanical repair, body repair, painting, or related services for vehicles, trucks, boats, trailers, motorcycles, and equipment — Requires the following: o Process II or, with SEPA, Process III. o Identifies Set -Back Requirements. o Note 10. Mechanical repair, body repair, and painting shall be conducted completely within enclosed building(s). o Note 11. Mechanical repair, body repair, and painting shall provide adequate parking for customers, based on a parking study prepared by the applicant and subject to acceptance by the director of community development services. APPLICATION OF CITY CODES: With the above in mind, Blackstone has reviewed the 10/27/11 letter from Mr. Nelson (hereafter "Nelson Letter") and offers the following comments: (1) Hours of operation: The Nelson Letter does not compare the hours of operation between the proposed use and the prior use of the site (carpet sales); nor does it indicate what the actual hours of the proposed use will be. The letter simply states Mr. Nelson's perceived "typical tenant hours." [Emphasis Added]. This information is insufficient. (2) Required parking: The Nelson Letter indicates that it will require 5-6 employee parking stalls, but does not indicate how much parking would be required for customers and damaged vehicles. It simply states that little parking is required. We find it questionable as to whether this 6,000 square foot facility would actually only have 5-6 employees on site. 2 If staff has not been to the site, we encourage you to do so. Blackstone will be happy to provide visual access if physical access is a concem. MCGAVICK GRAVES ATTORNEYS AT LAW A Professional Services Corporation Becky Chapin November 18, 2011 Page 4 As noted above, the City's Code requires that Mechanical -Repair uses "shallprovide adequate parking for customers, based on a Parking study prepared by the applicant and subject to acceptance by the director of community development services." FWMC 19.240.050. The Nelson Letter did not provide a parking study. If such a study exists, please provide a copy as soon as possible. Additionally, the City's Parking ratio for a new facility per FW zoning regulations (development standards) are: 1 parking stall/300 sf of building area, 6000/300= 20 stalls. This, is regardless of the number of employees or customers in the waiting area. We see nothing in the proposal which will establish that 20 stalls are proposed for this site. Furthermore; the proposal will actually reduce the number of; parking stalls currently available at the site with the conversion of the current storefront with overhead aluminum door, and the proposal to fence off an area for outside storage. The Nelson Letter indicates that there will be "no cars that are damaged to the point of being un-drivable at this location;" but then immediately acknowledges that such vehicles may be brought to the facility. Though they propose to tow, such vehicles to another facility they cannot promise how long such a vehicle could be left sitting on their site. Further, such a promise is illusory and unenforceable: We submit that it is not only foreseeable, but more likely than not, that such vehicles will regularly be on site, even if only for a couple of hours. This raises stormwater run-off issues which will be discussed further below. Regardless of whether vehicles are `ran -drivable" or not, it cannot be disputed that damaged vehicles will be routinely parked at this location. This is a distinctly different use than a carpet sales business and the resulting impacts are significant. (3) Traffic generation: The Nelson Letter provides no basis for their assumptions of "minimal traffic" nor do they provide any context to that term. What is "minimal traffic?" It may be convenient for the applicant to try and avoid a meaningful review of this issue, but it should not be deemed sufficient for the City's, analysis. (4) General appearance: Without having more specific details, Blackstone cannot provide comments regarding proposed signage or painting, and reserves the right to comment on any future proposals. MCGAVICK GRAVES ATTORNEYS AT LAW A Professional Services Corporation Becky Chapin November 18, 2011 Page 5 The Nelson Letter indicates that fencing for storage and a new storefront door will be added. Please see comments above regarding the impacts this will cause to parking. (5) Type, extent or amount of indoor or outdoor storage: The Nelson Letter indicates that "up to 3 vehicles" may be stored outside behind the proposed fence. There is no basis offered to support this assertion. Again this is an illusory and unenforceable claim. Similar claims have been made by other auto repair businesses, the result being just the opposite. See enclosed letter from Roddy J. Nolten, P.E. (6) Constituents of surface water discharge or runoff: The Nelson Letter's response to this issue is so absurd that it begs the question of the reliability of any of the prior statements contained within the letter. Mr. Nelson states: "no revisions to existing impervious surfaces are proposed, therefore no change to existing water discharge or runoff." The prior use was for carpet sales. The pervious surfaces were primarily used by customers and employees coming and going from the store. The new proposed use is for auto repair. Damaged vehicles leaking oil, antifreeze, coolant, transmission fluid, gasoline, etc. will be routinely brought to the site. Furthermore, auto repair facilities regularly wash cars on site, resulting in further run-off into the City's stormwater system. As there is no proposal to reduce the impervious nature of the site or to provide any additional mitigation, these contaminants will simply be discharged directly into storm drains. It is beyond question that this proposal not only has the "potential" but will actually "release a new pollutant(s) to surface water systems within the city." Pursuant to Chapter 42.56 RCW, please continue to provide copies of any additional/supplemental information pertaining to the above factors received by the City — regardless of their source. If we can provide further information or clarification to our concerns expressed above, please do not hesitate to contact me. Sincerely, (1--fer A. roes JAF:emh Enclosure: Letter from Roddy J. Nolten, P.E. cc: Client RJN & ASSOCIATES 1220 South 356th St., suite A-3 Federal Way, WA 98003 November 18, 2011 Jennifer A. Forbes, J.D. McGavick Graves, P.S. 1102 Broadway, Suite 500 Tacoma, WA 98402 RE: Proposed Kirmac Automotive Collision Systems planning analysis, Federal Way, WA Dear Ms. Forbes: I had a chance to review the letter containing the proposed project as described by Ned Nelson, Architect. Please find my professional comments based on years of experience in preparing plans for numerous Auto body shops as itemized below. 1. No comment 2. Parking ratio for a new facility per FW zoning regulations (development standards) are: 1 parking stall/300 sf of building area, 6000/300= 20 stalls. This is regardless of the number of employees or customers in the waiting area. It is furthermore questionable that only 5 or 6 employees would work in a 6000 sf body shop. The number of people in the waiting area is unpredictable, since in addition to customers for repair, there can also be suppliers, adjusters etc. Customer traffic of 5 Cars per day coming or going is also a very low estimate. This is another area which cannot be predicted. (Please note, that a permit was issued to Best Auto Center on 33003 Pacific Hwy. S. in Federal Way which has a similar mode of operation where cars are towed and repaired to their shop in Pacific). There are more cars parked on site, than the number of parking stalls for the project. We can just imagine the same thing happening after Kirmac receives a building permit and moves in. "There will be no cars that are damaged......" This is a statement, which anybody can make. We as fellow professionals do not believe that the parking issue would not be a problem, unless there is a written document filed with the City as a condition of approval. Item 4 would require a building permit and would not be a "shoe -in" for no requirement of "a change of use". In conclusion: Our professional opinion based as indicated before on similar projects, recommends that conditions should be attached to the approval process based on the following additional questions: • Car washing prior to delivery of the vehicle? (Run off issues to clean water) • Any minor body or touch up work would require a prep area which would trigger additional ventilation due to paint work etc. This would hopefully give you enough information to put as questions to the Planning Dept. reviewer. Please feel free to contact our office if you need additional info. Thank you for being able to assist. Roddy J. Nolten, P.E. RJN & ASSOCIATES ARCH-ENGR DESIGN GROUP A multi discipline company 1220 South 356th Street, suite A-3 Federal Way, WA 98003 (253) 874-9323 Phone & fax RJN & Associates 1220 So. 356th Street, suite A-3 Federal Way, WA 98003 D E: PARTMENT OF COMMUNITY DEVELOPMENT SERVICES RESUBMITTED 33325 8`�' Avenue South Federal Way, WA 99003-6325 CITY OF �~ -�•f 253-835-2607; Fax 253-935-2609 FederalWay NO V 17 2011 H ww.citvoftedg.Talvva .corn CITY OF FEDERAL WAY CDS RESUSMITTAL INFORMATION This completed form MUS T accompany all resubmittals. *'Pleasenote: Additional or revised plans or documents for an active project will not be accepted unless accompanied by this completed form. Mailed resubmittals that do not include this form or that do not contain the correct number of copies will be returned or discarded. You are encouraged to submit all items in person and to contact the Permit Counter prior to submitting ifyou are not sure about the number of copies required. ** ANY CHANGES TO DRAWINGS MUST BE CLOUDED. Project Number: l - ��' �f 2 D- 0 0- L t) Project Name: IYi1/« T11/I I uWl �� l/ , ��L'on A Project Address: Project Contact: Nt Iki Or\ Phone: 10I pZ - RESUBMITTED ITEMS: # of Copies ** Detailed Description of Item _ VIaL "* Always submit the same number of copies as required for your initial application." �VtX'4;C Resubmittal Requested by: WO0,Letter Dated: �J 7 (Stan err er) lI/ OFFICE USE ONL Y RESUB #.- Distibution Date. ( I I --Tf By. Dept/Div Name # Description Building Planning PW Fire Other Bulletin #129—January 1, 2011 Page 1 of 1 k:Wandouts\Resubmittal Information Rebecca Chapin From: Rebecca Chapin Sent: Thursday, November 17, 2011 9:38 AM To: 'nednelson@msn.com' Subject: Kirmac Automotive Collision Center Hi Ned, Per our phone conversation today, to help with review of the outdoor storage area, please provide a site plan detailing the screened outdoor storage area on site. Include the parking stalls and existing building as well. Please feel free to contact me if you have any additional questions. Thanks, Becky Chapin Assistant Planner Community and Economic Development City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Phone:253-835-2641 RESUBMITTED NOV 17 2011 CITY OF FEDERAL WAY CDS Rebecca Chapin From: Ned Nelson, Architect [nednelson@msn.com] Sent: Thursday, November 17, 2011 12:32 PM To: Rebecca Chapin Cc: Ian McIntosh Subject: kirmac fed way Attachments: kirmac fed way.PDF Becky, Here is a marked up drawing of the existing site. It shows parking, and the proposed screen fence. Let me know if you would like a brief summary of anticipated parking needs from the tenant on their letterhead. Thanks, Ned Nelson RESUBMITTED NOV 17 2011 CITY OF FEDERAL WAY ;CS 4 -T �'i + g"i FL' u'1� �� /� A17L'�1 • A Ap7 s-�_ ly _APP �-:�-_�� LANOSWtiG=�r �r 6Y W�.I.L a Ra�oo}'T dx�'Yt.d -�--7 � I -f-r: Y^L1 � rt+Er+ LI►N��+P'NCs p 10lp Fr-& PAL. it 1 11 r — mav, �f.,; y �lGzf-Irrl6 Ei357'" ��r FCC siw-IIJ r.-u a.d I fir` lI+011f T 7 r. ',, •1 "1� y I." Ill 4 �a� 1>a{4ri teF�LWI a r dam'' f `� -Pop • '� � �i ` 8 a, �. rlv- 12 � i3 14 t � 6i � l�sTN 46. 'e Al AlL 'If -crN ar a rl.r Exiii'4-r rV+N t ..YLUo" 4 i m °_ — -- ►J& 97DEUGFR°�if � t-I Lek LOs�i►ta - I � ' ti � C7A.irL• � �i%W'I r E •�D. 17V>st,JC'RiAY � . � �. Y-/4A17rT1aMA1. vs�liG4!_'Aisf4 i41R/�fii� ! - t I ti, It D�SrJJNM1 � Il,t Si[ - .TRIrrHR Id t I LA 0 • � K �— �1 M C f?'Lv'[+ Y4%!/. LI}j>Y 'fIM6Sfr- C-LIF6 `Z N AAN f C,Mti v�r�rfroAt !r�01#44 � I"rZa'-e- nt�Sa ses L'vl" ❑✓r�s !'{ t:>GRl vliYli l R- Lp,Ft3u>rLF.I RESUBMITTED NOV 17 2011 CITY OF FEDERAL WAY CDS i 4 At4-� Oak li:1k 6.^.Tf- + I� i1lL 111 r^�-�fl1�0yi{ I�Iit�1 * i I�PV •L`/ 1O _ �e Ll�+rkiSCr✓ :_/ �'� -xY, KsLCA r,&,@,,ty WSLL � � � P..nJ�O vim[ 'a - �LOGM. fi`Cr+ryrv�-•L. � _ _ __ _ -- -. L 1 _r m� - rr i Lc d1 � iAFIDd�i�[ x I LAND' yj.i� % �.. %� � 4th , 7 � � � 4 ��Y 1Si'Cr f3 F4• GCt7itS �• I v oT ■ i► 1 r` ' N%' E' ' �..� 3 Ft °+�f�L 1Y ��GFk 4O1�Ri - `�li:• 1i�44WCVW�Y +� � L4irx �•x /'►GGI'T1nFL�1. �riiG4!_P,�I[f5 ��M��■aT! L_ jl � iC � �v�l tExtt TtM� aLJiLalflVdu;- s •Fly+ MAtiIC '� i� _ 4 !►wU'ycMrla a PLO "air w - ,.r 10E�■!�Y! tRlNCa f�7lR tJ�,a! '}'d.@�-iE-f7 �■--�-- • < < � L3i-n't• Ya P�oP, >_+n•�• -r� M lx � iaL C.LEiF6 s A " l At,.r4c��ofJl AL{OGo �,►rs t l „y% [ P`OHR �3 J 1'� C, - � o I"s �■-�'" �t,go �i<s C„V i L. p.v'GT S I � �'{ Y¢teivliTrllR L�lf�i''TF►1 tr.v LA440 Jq►pl N Kit r tEl491~h46t�1'� F61L �GL��a �SJiWt r'74' V � Sit RESUBMITTED NOV 17 2011 CITY OF FEDERAL WAY CDS Rebecca Chapin From: Ann Dower Sent: Wednesday, November 16, 2011 12:53 PM To: Rebecca Chapin Subject: Kirmac Hi Becky I have not comments on the Kirmac Automotive Site. It doesn't meet the definition of a high -use site and is not creating or replacing any impervious area, so I have nothing to comment on. Ann Dower Senior Engineering Plans Reviewer City of Federal Way 33325 8th Ave S PO Box 9718 Federal Way, WA 98063-9718 253.835.2732 Email: ann.dower@cityoffederalway.com Rebecca Chapin From: Sarady Long Sent: Monday, November 14, 2011 4:18 PM To: Rebecca Chapin Subject: RE: Kirmac Auto Collision System No data on auto repair use parking demand. You're correct, they would likely pay the TIF today. Better to hold off until next year. SL From: Rebecca Chapin Sent: Monday, November 14, 2011 4:09 PM To: Sarady Long Subject: RE: Kirmac Auto Collision System Hi Sarady, Is there an average parking requirement for an auto repair use? I'm going to ask the applicant for a parking study, but I was wondering if there is an average number of parking stalls required. Also, regarding your last comment. Since this is still under council review, If this new use were to move into the building today would they need to pay the Traffic Impact Fee? Thanks, Becky C. From: Sarady Long Sent: Monday, November 14, 2011 3:35 PM To: Rebecca Chapin Subject: Kirmac Auto Collision System Rebecca, I don't have trip generation for the project. The closest available trip generation from ITE manual is the Auto Care Center for the proposed project and Specialty Retail for the existing. Proposed: Automobile Care Center (ITE LU 942) - 3.38 trips per 1,000 sf during the PM peak Existing Flynn Carpets: Specialty Retail (ITE LU 814) - 2.71 trips per 1,000 sf during the PM peak If council approve the traffic impact fee suspension, this project will not have to pay the TIF unless they're increasing the floor area. 5"COY 160"49 Senior Trans. Planning Engineer 253-835-2743 (p) 253-835-2709 (f) sarady.long@cityoffederalway.com Rebecca Chapin From: Jennifer Forbes [JAF@mcgavick.com] Sent: Monday, November 14, 2011 12:52 PM To: Rebecca Chapin Cc: CK Subject: RE: Records Request: Parcel # 282104-9172 Attachments: image001.png; image002.png; image005.png Importance: High Ms. Chapin, My client would like an opportunity to provide comment on this request. We have some concerns regarding the information provided by the applicant. How should we provide those comments, and can you give me a time -line so we can ensure that they are timely. Sincerely, Jennifer A. Forbes Attorney McGavick Graves, P.S. 1102 Broadway, Suite 500 Tacoma, WA 98402 Telephone - 253.627.1181 Facsimile - 253.627.2247 www.mcgavick.com Adoptions a Bankruptcy P Business • Civil Litigation • Commercial Litigation .,Construction • Construction Liens o Corporations • Creditor's Rights • Criminal Litigation • Domestic Relations - Employment • &hc,C3cwc< C;rc�v�, Environmental • Estate Planning • Labor Law o Land Use L, Landlord/Tenant d Municipal m u,, Mutual Corporations • Parentage • Personal Injury • Probate -, Real Estate • Tax The information contained in this e-mail message may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this e-mail message in error, please notify the sender via e-mail or telephone at 253.627.1181. From: Rebecca Chapin [mailto:Rebecca.Chapin@cityoffederalway.com] Sent: Thursday, November 10, 2011 2:06 PM To: Jennifer Forbes Cc: CK Subject: RE: Records Request: Parcel # 282104-9172 Hi Jennifer, The City received your records request (PDA # 11-231) for parcel # 282104-9172. Attached please find records relating to File #11- 104420-00-AD, the change of use analysis. To date, these are all the documents available. Please let me know if you have any questions. Thanks, Becky Chapin Assistant Planner Community and Economic Development City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Phone:253-835-2641 From: Jennifer Forbes fmailto:3AF@mcgavick.coml Sent: Tuesday, November 08, 2011 4:15 PM To: Rebecca Chapin Subject: RE: Records Request: Parcel # 282104-9172 Rebecca, I understand your concerns regarding having an "open" request, which is why I have been renewing this request every two weeks. At this point, please consider my initial request and my supplemental request to be through today. These requests are as follows: RE: Parcel 282104-9172 and/or 35610 Enchanted Pkwy S. Pursuant to the provisions of Chapter 42.56 RCW, please produce any and all of the following public records for the above listed parcel from the last 12 months: Records relating to or arising from a request for change of use analysis. • Any decisions, internal communications, emails, correspondence, or any other record whatsoever relating to or arising from the City's response or actions taken in response to the change of use analysis. • Land Use or Building Permits • Land Use or Building Permit Applications Also, thank you for acknowledging that my office is an interested party for any action/correspondence on this matter. Sincerely, Jennifer A. Forbes Attorney McGavick Graves, P.S. 1102 Broadway, Suite 500 Tacoma, WA 98402 Telephone - 253.627.1181 Facsimile - 253.627.2247 www.mcgavick.com Adoptions =- Bankruptcy - Business • Civil Litigation • Commercial Litigation oConstruction a Construction Liens . Corporations Iri Creditor's Rights • Criminal Litigation , Domestic Relations Employment r f��,.�� Environmental • Estate Planning • Labor Law Land AfIOUse Landlord Tenant • Municipal w 10--, Ys ,-:', / p , � Mutual Corporations r, Parentage -, Personal Injury p Probate .. Real Estate y Tax Rebecca Chapin From: Jennifer Forbes [mailto:JAF@mcgavick.com] Sent: Tuesday, November 08, 2011 4:15 PM To: Rebecca Chapin Subject: RE: Records Request: Parcel # 282104-9172 Rebecca, I understand your concerns regarding having an "open" request, which is why I have been renewing this request every two weeks. At this point, please consider my initial request and my supplemental request to be through today. These requests are as follows: RE: Parcel 282104-9172 and/or 35610 Enchanted Pkwy S. Pursuant to the provisions of Chapter 42.56 RCW, please produce any and all of the following public records for the above listed parcel from the last 12 months: • Records relating to or arising from a request for change of use analysis. • Any decisions, internal communications, emails, correspondence, or any other record whatsoever relating to or arising from the City's response or actions taken in response to the change of use analysis. • Land Use or Building Permits • Land Use or Building Permit Applications Also, thank you for acknowledging that my office is an interested party for any action/correspondence on this matter. Sincerely, Jennifer A. Forbes Attorney McGavick Graves, P.S. 1102 Broadway, Suite 500 Tacoma, WA 98402 Telephone - 253.627.1181 Facsimile - 253.627.2247 www.mcgavick.com Adoptions Bankruptcy d Business • Construction Liens o Corporations Relations .9 Employment �;;<, Graves A? LAW Use , Landlord Tenant 3 Municipal • `r; .. Probate • Real Estate a Tax Civil Litigation - Commercial Litigation & Construction Creditor's Rights v Criminal Litigation o Domestic Environmental v Estate Planning • Labor Law • Land Mutual Corporations w Parentage • Personal Injury • The information contained in this e-mail message maybe privileged, confidential and protected from disclosure. if you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this e-mail message in error, please notify the sender via e-mail or telephone at 253.627.1181. Rebecca Chapin From: Brian Asbury [BAsbury@lakehaven.org] Sent: Tuesday, November 08, 2011 3:14 PM To: Rebecca Chapin Subject: Kirmac Automotive Collision Systems (11-104420-00-AD) Attachments: 11-104420-00-AD.pdf Becky, Regarding the City's determination on if the submitted proposal is a "change of use" for the building/property, Lakehaven offers the following comment: ■ If the City determines the proposal will create a "change of use" for the building/property, Lakehaven will require installation of a private monitoring manhole on the existing sewer service connection on the property, managed under a Lakehaven Sewer Service Connection Permit. Additionally, a Lakehaven Discharge Agreement will also be required. Brian Asbury Lakehaven Utility District NOTE: Lakehaven Utility District neither warrants nor guarantees the accuracy of any facility information shown. Facility locations and conditions are subject to field verification. All fees and charges subject to change without notice. Kirmac Automotive Collisio jystems (11-104420-00-AD) W' 2821049125 2821049146 0 4 2821049178 2821049172 i I 2821049077 2821049M © 2006: Lakehaven Utility District neither warrants nor guarantees the accuracy of any tacmty mtormation snown. vawuty iocanons ana conditions are subject to field verification. Rebecca Chapin From: Alexa Heidrich Sent: Friday, November 04, 2011 10:43 AM To: Isaac Conlen; Rebecca Chapin Subject: FW: Request for Records - Parcel 282104-9172 and/or 35610 Enchanted Pkwy S. Attachments: image001.jpg; image002.png; image004.png Importance: High From Jennifer. From: Jennifer Forbes [mailto:]AF@mcgavick.com] Sent: Friday, November 04, 2011 10:08 AM To: Alexa Heidrich Cc: Erin Hill Subject: Request for Records - Parcel 282104-9172 and/or 35610 Enchanted Pkwy S. Importance: High RE: Parcel 282104-9172 and/or 35610 Enchanted Pkwy S. Good Afternoon, Per my voicemail message, I'm writing to supplement my request for records as follows: Pursuant to the provisions of Chapter 42.56 RCW, please produce any and all of the following public records for the above listed parcel from the last 12 months: • Records relating to or arising from a request for change of use analysis. • Any decisions, internal communications, emails, correspondence, or any other record whatsoever relating to or arising from the City's response or actions taken in response to the change of use analysis. Also, as requested in prior correspondence and in my voicemail from earlier today, please include this office as an interested party to be notified of any actions taken on the aforementioned change of use analysis. Sincerely, Jennifer A. Forbes Attorney McGavick Graves, P.S. 1102 Broadway, Suite 500 Tacoma, WA 98402 Telephone - 253.627.1181 Facsimile - 253.627.2247 www.mcgaviick.com Adoptions m Bankruptcy m Business • Civil Litigation • Commercial Litigation & Construction & Construction Liens - Corporations & I Creditor's Rights & Criminal Litigation • Domestic Relations - Employment • rr,c_0. Gav'ck rav �s Environmental • Estate Planning • Labor Law +Land Use & Landlord/Tenant • Municipal • ,,,,.r..,. Mutual Corporations & Parentage *Personal Injury • Probate • Real Estate • Tax The information contained in this e-mail message may be privileged, confidential and protected from disclosure. if you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this e-mail message in error, please notify the sender via e-mail or telephone at 253.62Z1181. Rebecca Chapin From: Jennifer Forbes [JAF@mcgavick.com] Sent: Tuesday, November 01, 2011 2:42 PM To: Alexa Heidrich Cc: Erin Hill Subject: RE: Request for Records - Parcel 282104-9172 and/or 35610 Enchanted Pkwy S. Just checking in, I don't think I heard back from you on the email below (which I'll be sending every two weeks as we expect a permit application to be filed any day). Sincerely, Jennifer A. Forbes Attorney McGavick Graves, P.S. 1102 Broadway, Suite 500 Tacoma, WA 98402 Telephone - 253.627.1181 Facsimile - 253.627.2247 www.mcgavick.com Adoptions -Bankruptcy • Business • Civil Litigation ■ Commercial Litigation o Construction • Construction liens • Corporations • -Iri Creditor's Rights • Criminal Litigation • Domestic Relations • Employment ■ i� ,cGav ^k Grav ::s Environmental • Estate Planning • Labor Law - Land ATTORNE�S AT Use 8 Landlord/Tenant Municipal ■ �' 9 .;,;,,,.^,,:;:,,��,,;;. ;,., Mutual Corporations 4, Parentage 4, Personal Injury � Probate , Real Estate • Tax The information contained in this e-mail message may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this e-mail message in error, please notify the sender via e-mail or telephone at 253.627.1181. From: Jennifer Forbes Sent: Monday, October 24, 2011 11:40 AM To: Alexa Heidrich (Alexa.Heidrich@cityoffederalway.com) Cc: Erin Hill Subject: Request for Records - Parcel 282104-9172 and/or 35610 Enchanted Pkwy S. RE: Parcel 282104-9172 and/or 35610 Enchanted Pkwy S. Good Afternoon, I'm writing to renew my request for records as follows: Pursuant to the provisions of Chapter 42.56 RCW, please produce any and all of the following public records for the above listed parcel from the last 12 months: 1. Land Use or Building Permits 2. Land Use or Building Permit Applications As you know, a notice of appeal must be filed in 14 days after issuance of the director's decision. Accordingly, time is of the essence in responding to this public records request as any decisions of the director made in the last 14 days - for the above listed property may be appealed. In addition, please list this firm as an interested party with regard to any land use actions which relate to the above listed parcel. Please provide notice of any decisions of the director or applications received regarding the above listed parcel. If you have any questions or concerns please contact me immediately. Sincerely, Jennifer A. Forbes Attorney McGavick Graves, P.S. 1102 Broadway, Suite 500 Tacoma, WA 98402 Telephone - 253.627.1181 Facsimile - 253.627.2247 www.mcgavick.com Adoptions +Bankruptcy •Business + Civil Litigation +Commercial Litigation •Construction• Construction Liens + Corporations • Creditor's Rights • Criminal Litigation ■ Domestic Relations ■ Employment • Mc,Gav'ck Graves Environmental •Estate Planning +Labor taw •Land )R4 YS A iA.W Use • Landlord/Tenant • Municipal • .�.„ Mutual Corporations + Parentage • Personal Injury • Probate • Real Estate • Tax The information contained in this e-mail message may be privileged, confidential and protected from disclosure. if you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this e-mail message in error, please notify the sender via e-mail or telephone at 253.627.1181. Rebecca Chapin From: Jennifer Forbes [JAF@mcgavick.com] Sent: Friday, October 07, 2011 3:14 PM To: Alexa Heidrich Subject: RE: Request for Records - Parcel 282104-9172 and/or 35610 Enchanted Pkwy S. I'll probably check in about every 2 weeks, so we don't miss an appeal period. Thanks! Sincerely, Jennifer A. Forbes Attorney McGavick Graves, P.S. 1102 Broadway, Suite 500 Tacoma, WA 98402 Telephone - 253.627.1181 Facsimile - 253.627.2247 www.mcgaviick.com Adoptions • Bankruptcy • Business • Civil Litigation • Commercial Litigation • Construction Construction Liens • Corporations ? Creditor's Rights v Criminal Litigation o Domestic Relations n Employment lcra,;raves Environmental • Estate Planning v Labor Law • Land A. O','Nc'Ys Ai iAS•: Use Landlord/Tenant - Municipal • Mutual Corporations -, Parentage •2 Personal Injury Probate • Real Estate - Tax The information contained in this e-mail message may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this e-mail message in error, please notify the sender via e-mail or telephone at 253.627.1181. From: Alexa Heidrich [mailto:Alexa.Heidrich@cityoffederalway.com] Sent: Friday, October 07, 2011 3:14 PM To: Jennifer Forbes Subject: RE: Request for Records - Parcel 282104-9172 and/or 35610 Enchanted Pkwy S. Hi Ms. Forbes, I looked into our database to check for any new land use or building permits for parcel #282104-9172 and I was unable to locate any new or recent activity within the last 12 months. Feel free to contact me with any future questions regarding this matter. Alexa From: Jennifer Forbes mailto:JAF m avick.com Sent: Thursday, October 06, 2011 2:30 PM To: Alexa Heidrich Cc: Erin Hill Subject: Request for Records - Parcel 282104-9172 and/or 35610 Enchanted Pkwy S. RE: Parcel 282104-9172 and/or 35610 Enchanted Pkwy S. Good Afternoon, I'm writing to renew my request for records as follows: Pursuant to the provisions of Chapter 42.56 RCW, please produce any and all of the following public records for the above listed parcel from the last 12 months: 1. Land Use or Building Permits 2. Land Use or Building Permit Applications As you know, a notice of appeal must be filed in 14 days after issuance of the director's decision. Accordingly, time is of the essence in responding to this public records request as any decisions of the director made in the last 14 days for the above listed property may be appealed. In addition, please list this firm as an interested party with regard to any land use actions which relate to the above listed parcel. Please provide notice of any decisions of the director or applications received regarding the above listed parcel. If you have any questions or concerns please contact me immediately. Sincerely, Jennifer A. Forbes Attorney McGavick Graves, P.S. 1102 Broadway, Suite 500 Tacoma, WA 98402 Telephone - 253.627.1181 Facsimile - 253.627.2247 www.mcgavick.com Adoptions • Bankruptcy • Business • Civil Litigation • Commercial Litigation • Construction Construction Liens • Corporations • * Creditor's Rights • Criminal Litigation a Domestic Relations • Employment • McGavic� Graves Environmental • Estate Planning o Labor Law • Land Use • Landlord/Tenant • Municipal • `Y' ` :.- Mutual Corporations - Parentage •Persona! Injury Probate • Real Estate o Tax The information contained in this e-mail message may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this e-mail message in error, please notify the sender via e-mail or telephone at 253.62Z1181. Rebecca Chapin From: Jennifer Forbes [JAF@mcgavick.com] Sent: Monday, September 26, 2011 2:40 PM To: Alexa Heidrich; CK Cc: Erin Hill Subject: RE: City of Federal Way Public Records Request 11-204 Alexa, Thank you for your email. I'll be checking in routinely to see if the status changes. We represent the neighbor, Blackstone's Collision, and want to be advised as soon as any permits are filed. Is communicating by email the easiest method for you? Sincerely, Jennifer A. Forbes Attorney McGavick Graves, P.S. 1102 Broadway, Suite 500 Tacoma, WA 98402 Telephone - 253.627.1181 Facsimile - 253.627.2247 www.mcgavick.com Adoptions o Bankruptcy v Business • Civil Litigation • Commercial litigation • Construction Construction Liens => Corporations Creditor's Rights = Criminal Litigation • Domestic Relations • Employment o Mcc;av`::<L r*(Aves Environmental , Estate Planning -, Labor Law • Land Use , Landlord/Tenant Municipal • Mutual Corporations -Parentage � Personal Injury Probate • Real Estate j Tax The information contained in this e-mail message may be privileged, confidential and protected from disclosure. if you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this e-mail message in error, please notify the sender via e-mail or telephone at 253.627.1181. From: Alexa Heidrich [mailto:Alexa.Heidrich@cityoffederalway.com] Sent: Friday, September 23, 2011 4:22 PM To: CK; Jennifer Forbes Subject: City of Federal Way Public Records Request 11-204 Dear Ms. Forbes, I received your request for any and all public records for parcel #282104-9172 from the last 12 months on September 22, 2011. 1 did not locate any Land Use or Building permits or applications for this parcel between September 2010 to the present in either our computer file management system or our paper file shelves. With the transmission of this email, based on the fact there are no existing records from the previous 12 months, consider your request to be closed. Please let me know if you have any questions, I am available by phone or email. Alexa Heidrich Planning Intern Community and Economic Development City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Phone: 253-835-2622 McGAViCK GRAVES ATTORNEYS AT LAW A Professional Services Corporation www.megavickgraves.com Jennifer A. Forbes jaf mcgavickcom September 21, 2011 1102 Broadway, Suite 500 Lori.M. Bemis Of Counsel Tacoma, Washington 98402-3534 Cameron J. Fleury Robert L. Beale Jennifer A. Forbes William P. Bergsten Telephone (253) 627-1181 Ryen L. Godwin James W. Feltus Fax (253) 627-2247 Brian L. Green Henry Haas Gregory A. Jacoby K. Michael Jennings Angela D. Lae Dave L Luxenberg Chris D. Maharry Ray Graves (Emeritus) Copy Jesse D. Rodman Leo A. McGavick (1904-1994) Barbara Jo Sylvester Joseph P. Zehnder City of Federal Way Planning Division Attn: Issac Conlen, Planning Manager 33325 8th Ave. South Federal Way, WA 98003 I �V/ Pj : S E P 2 � 2.011 Re: 35610 Enchanted Pkwy S Federal Way, WA 98003 King County Parcel No. 2821049172 Dear Mr. Conlen: RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT SEP 2 2 2011 �1 spy q/2°i Pursuant to the provisions of Chapter 42.56 RCW, please produce any and all of the following public records for the above listed parcel from the -last 12 months: 1. Land Use or Building Permits 2. Land Use or Building Permit Applications As you know, a notice of appeal must be filed in 14 days after issuance of the director's decision. Accordingly, time is of the essence in responding to this public records request as any decisions of the director made in the last 14 days for the above listed property may be appealed. In addition, please list this firm as an interested party with regard to any land use actions which relate to the above listed parcel. Please provide notice of any decisions of the director or applications received regarding the above listed parcel. If you have any questions or concerns please contact me immediately. Sincerely, aer A. es JAF:rlg cc: Client 0 6.4.4.19.0092908 - User Deb Barker Signed on to Amanda w AMANDA Fie Data search Edl kwrls Reports Window Help (� ® W x I v a k] 1�F W FBI . '� II� + k Close Update Mark AN Delete Pick Accept Retdeve Detail query EHk To-0oList Ad=Qry Repeats Folder_ Property People Log Off Previous Next Add Pica Folder Property (1) I People (3) I Info (38) I Fee/Charge (4) I Process (17) j Document (13) File I Comment (4) 1 Attachment 1 Conditions Folder# Ref. Con. Yr. Sequence Rev. Type 1199910321500000UP UP299-0!Number 19 F99 103215 Foo j UP I Ose Process fee List View h Related View Show no. of rows on tabs Status Property I Indicators House Prefix Street Type Direction UnitType Unit Address I�b_NCHANTED �0�� Potations r Ciy Zip Code ToxLot # Property Ru#ID Properties r 1=EDERAL WAY ®82104 9172 10.428 Parent r Location' 610 ENCHANTED PKWYS FalderUm C--hil` w i Due 556. In Date g 19,1999 Issue/Approval f eb 21, 2001 Expires lFeb 21, 2002 Reference File #-1P299-0014 By Final Date SubType _se Process 2 Work Proposed i Name FEDERAL WAY AUTO CEN Priority I J Description Pil - FEDERAL WAY AUTO CEN [ tI� UUYU HE 1 AIL AU [ U 3ALt5 AM UrFR;k (t;t1 UL ur PSE). E70STING 6050 SQ Ff BUILDING_ 15 PROPOSED PARKING STALLS AND SITE �APROVEMENTS.TAX PARCEL IM104-9172notice of complete application on9/16199. request ddithwil infn W;'� - Conditions Group and Use ParentRSN FolderRSN 29709 w I Copy Create Child Revise IssueJApprove I Print) Re-0efault Summary 1 Row Returned AMANDA 5.4.4.791.W9ZS08 -User Deb Barker Signed onto Amanda Fie Data Search Edt Actions Reports Arndov,, Help Close Update Mark Al Delete Pick Accept Retrieve Detail Query Fla To-DoL'si AdhooQry Reports Folder Property People Log Off Previous New Add Print Attachment Conditions j Folder Property (1) ! People (7) Info (90) ! Fixture (31) I Fee/Charge (13) ` Process (44) Document (2) File (3) I Inspection Req. (19) I Comment Usage Folder# Ref. Con. Yr. Sequence Rev. Type Status W011j11111t,jt ri i f Number M01, 00 104811 FOO [Eqj uildin - Commercial J 12001103118 000 00 AD UP299-0 Property Indicators House Prefoc Street Type Direction Unit Type Unit Address 05610 ENCHANTED 00= Violations r City Zip Cade Tax Lot# Property Row ID Properties r :EDERAL WAY ®?82104 9172 10,428 Parent {✓ Location Q5610 ENCHANTED PKWFolder Unit ChildY S --- Due $50. In Date ep 19, wo Issue/Approval Mar 30, 2001 Expires Far 4, 2003 Reference File # By',Fernando Fernandez Final Date Aug 2, 2001 SubType etait Work Proposed ] terati o PtRep air Name DERAL WAY AUTO CENTER Priority I Description OMMERCIALALTERATIONS -Change use cram warehouse to AUTO SALES 8 occupy; exterior turefront facade trealments and interiar alterationto existing huidling; includes plumbing and Conditions 1) SaW to be chaged to Otto Loyken Laurel, minimum of 24 inches in height at the time of planting. (2) d shrubs to interior landscape islands to meet the code standards as noted on the rsdlined landscape tan. (3) Add ono sweetgum or alaskan cedar tree to the 260 square foot landscape island as shown an n rndlinr_d landsrana nlan. f 41 Parkinn stall c iith of tfw narbanP farility shniiW he annled to aid vnhirla e y Group liPermits ParentRSN F-29709 FolderRSN, 47193 _ I List View RelatedView Copy Create Child Revise IssuelApprove Print Re -Default v Show no. of rows on tabs Ready �a-)U,a6 �1�� 1032,45- U,fi 2 Rows Returned U AAfANDA 5A.4.29.0092808 - User Deb Barker Signed onto Amanda .. .r. � •es t •i 0® x T=0 a% a a* I A 0 0 0 0$M+ 9, Close Update Mark Al Delete Pick Accept Renieve Detal (query EA To-DoUst Adhocxoy Rep«ts Folder Property People Log Off Previous Next Add Prim Attachment I Conditions Folder Property (1) I People (8) I Info (90) I Fixture (31) I FeeJCharge (3) I Process (40) 1 Document (1) 1 File (1) I Inspection Req_ (1) I Comment Usage Folder# Ref. Cen. Yr. Sequence Rev. Type f Status _ Number f t I W 104811 01 CO I Ouilding- Commercial Fusatl 200110061100000 DP pip Indicators 12001 101828 000 00 EL House Prefa Street Type Diredon Unit Type LIM 12001102583 000 00 SG Address Iry _10 NCHANTED PKWY V7 Violations QN Zip Code Tax Lot # Property%wlD Properties r rEDERAL WAY FROM 9172 10-428 Parent i Location 5610 ENCHANTED PKWY S FolderUnit M Due$ 4 In Date Pun 29, 2001 Issue/Approval Pul 23, 2001 Expires Par 12, 2002 Reference File #F- By eathets Final Date Sep 13, 2001 SubType Petail Work Proposed IterationjRe air Name YNN'S CARPET CENTS Priority I Description V MM ALT - Change use from warehouse to RETAIL CARPET SALES & occupy: exterior storelrlint ade treatments & interior afteration to existing building; includes plumbing & mechanical work. Conditions 1) Salal to he chaged to Otto Luyken Laurel, minimum of 24 inches in height at the lime of planting. (2) kd d shrubs to interior landscape islands to meet the cad standards as noted on the redlined landscape )I an. (3) Add one swaetgum or alaskan cedar tree to the 2M square fDot landscape island as shown an fip radfined landscane nlan.141 Parkinn stall smith of the riarhanP f iP.itiry shnrr#d hp anniad to aid vPhirls GroupPermits ParentRSN 47193 FolderRSN 51174 J re List View C Related View Copy Create Child I Revise IssueJApprove Print Re Defaufl Summery W Show no. of rows on tabs �"p��oos c14 4 Rows Returned CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: November 4, 2011 TO: Ann Dower, Senior Engineering Plans Reviewer Sarady Long, Senior Traffic Engineer Scott Sproul, Plans Examiner Brian Asbury, Lakehaven Utility District Chris Ingham, South King Fire & Rescue FROM: Becky Chapin FOR DRC MTG. ON: No Meeting, email comments FILE NUMBER(s): 11-104420-00-AD RELATED FILE NOS.: None PROJECT NAME: Kirmac Automotive Collision Systems PROJECT ADDRESS: 35610 ENCHANTED PKWY S ZONING DISTRICT: CE PROJECT DESCRIPTION: Request for change of use analysis. Review folloiwng impacts to determine if a "change of use" has occured: Hours of Operation Required Parking Traffic Generation General Appearance Type, extent or amount of indoor or outdoor storage Constituents of surface water discharge or runoff LAND USE PERMITS: Process I and SEPA w/building permit PROJECT CONTACT: Ned Nelson, Architect 1021 92Id Ave NE Bellevue, WA 98004 MATERIALS SUBMITTED: Applicant response to change of use analysis. NOTE: There will be some outdoor storage and potential fagade change that will require a separate process I review. Also, they propose to install a spray booth area that will require SEPA when they apply for the building permit. This review is only to determine if the collision repair center is considered a change of use. Isaac Conlen From: Ned Nelson, Architect [nednelson@msn.com] Sent: Tuesday, November 01, 2011 9:59 AM To: Isaac Conlen Cc: Ian McIntosh Subject: 35610 Enchanted Parkway S. / Kirmac Attachments: kirmac fed way change of use letter.doc Isaac, Here is the letter we discussed. Please let us know if you need further information. Thanks for your assistance. Kind regards, Ned Nelson Ned Nelon, Arckitect 1 021 9 2 nd Ave NE 5ellevue, Wa. 98004 425.+++.6782 1 1021 92"d Avenue Northeast Bellevue, Washington 98004 425.444.6782 fax 425.452.1458 email: nednelson@msn.com Ned Nelson Architect October 27, 2011 Attention: Isaac Conlen City of Federal Way 33325 8`h Avenue S Federal Way, Wa. 98003 RE: 35610 Enchanted Parkway S. Change of use analysis for Kirmac Automotive Collision Systems Dear Isaac, Kirmac Automotive Collision Systems currently operates a total of 12 collision repair center locations in the Puget Sound and wishes to occupy and add a new location within the existing building at 35610 Enchanted Parkway S. It is a 6000 sf one story building in the CE zone, with existing parking and landscaping. Previous uses for the building have been Flynn Carpets and Federal Way Auto Center (from city records) You have asked that we address the 6 points listed under the "change of use" definition in the zoning code so that an analysis can be made by the city that the proposed tenant will not be considered a "change of use". 1) Hours of operation: • Typical tenant hours of operation are 7:30 - 6:00. Mon - Fri. 2) Required parking: • Parking for this installation will require 5-6 employee stalls. ■ With Collision Repair services, customers do not wait for repairs to be completed, so very little customer parking will be required. • Typically, 5 cars per day will come to this facility to be repaired, and 5 cars will be finished & delivered per day. • Under most circumstances the damaged cars will be inside the building. We anticipate an opaque fence for any cars that may need to be stored outside of the building for short periods. • There will be no cars that are damaged to the point of being un-drivable at this location. Vehicles with major repair work will be towed directly to one of oiU Auburn locations where we have special equipment for this type of repair. Given all of the above, we believe that there is more than adequate parking on site for this tenant. October 27, 2011 Page 2 RE: 35610 Enchanted Parkway S. Change of use analysis for Kirmac Automotive Collision Systems 3) Traffic Generation: ■ See notes in item (2). • We anticipate minimal traffic during the mid -part of the day, with nominal traffic generation in the morning and at the end of the day during the time customers normally drop-off or pick-up their vehicles. 4) General Appearance: • Building will remain the same, except for new tenant signage and painting. ■ Tenant will construct an opaque fence to screen any cars stored outside waiting to be repaired. • Tenant will replace existing storefront in the south and center bays with new glass and aluminum overhead doors, to provide entry points for damage assessment and detail. 5) Type, extent or amount of indoor or outdoor storage: • As stated previously, non -drivable cars will not be repaired at this site. The tenant anticipates up to 3 vehicles waiting to be repaired may need to be temporarily stored outside at any given time and this will occur behind the proposed screen fence. 6) Constituents of surface water discharge or runoff.- ■ No revisions to existing impervious surfaces are proposed, therefore no change to existing water discharge or runoff. Thank you in advance for your attention to this matter and please don't hesitate to call me directly with any questions. We look forward to your review. Kind regards, Ned Nelson Chapter 19.05 ZONING AND DEVELOPMENT IN GENERAL Page 1 of 1 "Change of use" means the general of a use has been modified. This determination shall include but not be limited to a review of: (1) Hours of operation; (2) Required parking; (3) Traffic generation; (4) General appearance;- (5) Type, extent or amount of indoor or outdoor storage; and - (6) Constituents of surface water discharge or runoff. '(S Sues http://www.codepublishing.comlWAIFederalWaylhtrnl/FederalWay l 9lFederalWay l 905.html 1 /4/2012