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08-106037
FILE DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES STAFF REPORT TO THE FEDERAL WAY HEARING EXAMINER 24 HOUR FITNESS VARIANCE REQUEST Federal Way File No. 08-106037-00-UP PUBLIC HEARING October 21, 2009 1:00 p.m. City Council Chambers Federal Way City Hall — 33325 81h Avenue South Report Prepared by: David Lee, Associate Planner Report Date: October 8, 2009 TABLE OF CONTENTS SECTION PAGE I. GENERAL INFORMATION ..................................... ........................ 3 11 VARIANCE DECISION CRlTERIA ............................................ ................................................. 3 III. SUbAMARY OF PROPOSED VARIANCE REQUEST ....................................................................... 4 IV. HISTORY AND BACKGROUND ................................................................................................. 4 V. PUBLIC NOTICE AND COMMENT ..... ................................................................... .. . ............... 4 VI. STATE ENVIRONMENTAL POLICY ACT .................................................................................... 5 VII. AGENCIES CONTACTED By FEDERAL WAY ............................ .......... ..................................... 5 VIII. NEIGHBORHOOD CHARACTERISTICS ....................................................................................... 5 Ix. HEARING EXAMINER VARIANCE CRITERIA REQUIREDBY FWRC 19.45.030 ................................. -- ....................................................... 5 X. HEARING EXAMINER PROCESS IV DECISIONAL CRITERIA ....................................................... 7 XI. FINDINGS OF FACT AND CONCLUSIONS ................................................................. ................. 9 XII. STAFF REcomAmNDATIoN ................................................................................................... 10 EXHIBITS Exhibit A: Master Land Use Application stamped received December 23, 2008, by City of Federal Way Exhibit B: Process IV Variance Request by Group Mackenzie stamped received December 23, 2008, by City of Federal Way Exhibit C: Site Plan C2. 0 prepared by Group Mackenzie Exhibit D: Parking study prepared by Group Mackenzie dated received May 8, 2009, by City of Federal Way Exhibit E: Public Comment Letters Staff Report to the Federal Way Hearing Examiner Page 2 24 Hour Fitness Variance Request File No. 08-106037-00-LJP/Dc 1D 50124 I. GENERAL INFORMATION Hearing Topic: The applicant proposes to convert an existing 43,061 square -foot vacated supermarket into a health club facility. Per Federal Way Revised Code (FWRC) 19.215.020, health club uses are limited to 25,000 square feet within Neighborhood Business (BN) zones. Staff Recommendation: City staff recommends denial of the variance request. Location: 33620 21'` Avenue SW, Federal Way, WA 98023 Applicant: Michael Chen, Group Mackenzie 1515 SE Water Avenue, Suite 100 Portland, OR 97214 972-980-3701 Owner: SuperValu, Inc. 250 East Park Center Blvd Boise, ID 97214 Zoning: BN; Neighborhood Business Comprehensive Plan Designation: Neighborhood Business Parcel Number: 242103-9001 II. VARIANCE DECISION CRITERIA Pursuant to Federal Way Revised Code (FWRC) 19.45.030, the City may grant a variance only if it finds all of the following: "The variance request will not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone in which the subject property is located." 2. "That the variance is necessary because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property to provide it with use rights and privileges allowed to other properties in the vicinity and zone in which the subject property is located." 3. "That granting the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located." 4. "That the special circumstances of the subject property are not the result of the actions of the owner of the subject property." Additionally, the City must find the Process IV decisional criteria of FWRC 19.70.150(3) are met. Staff Report to the Federal Way Hearing Examiner 24 Hour Fitness Variance Request Page 3 File No. 08-106037-00-UP/mc i o 50124 III. SUMMARY OF PROPOSED VARIANCE REQUEST The applicant has requested a variance from the 25,000 square -foot size limitation on health clubs as regulated by FWRC 19.215.020 (Exhibit A & B). Variances from provisions of FWRC Chapter 19 are subject to Process IV, Hearing Examiner Decision. The applicant proposes to remodel the existing 43,016 square -foot former Albertson's supermarket into a 24 Hour Fitness health club. No new additional square feet are proposed for this project. IV. HISTORY AND BACKGROUND The applicant has requested a variance to the maximum 25,000 square -foot size of a health club in a Neighborhood Business (BN) zoning district. FWRC 19.215.020 allows a maximum of 25,000 square feet for health clubs. The subject property is a 3.75-acre developed single -story retail facility that is located at 33620 21" Avenue SW (Exhibit C). The proposal is to remodel an existing vacant 43,061 square -foot Albertson's supermarket into a 24 Hour Fitness. The health club is an allowed use under FWRC 19.215.020 Entertainment in the BN zoning district. On December 23, 2008, the Land Use Process IV Hearing Examiner's Decision application was submitted to the City of Federal Way. On January 22, 2009, the application was determined complete. A notice of application was posted on site and sent to all property owners within 300' of the site on January 24, 2009. The comment deadline ended on February 9, 2009, with the receipt of nine comments in support of the variance. As mentioned previously, the applicant proposes to occupy and remodel an existing vacant 43,061 square -foot Albertson's supermarket. The tenant improvements would include a large exercise equipment area, childcare services, a 25-meter swimming pool, spa, sauna, basketball court, tanning rooms, and a small retail proshop. Exterior renovations include fagade treatments, additional parking stalls, landscaping, and site improvements such as the addition of pedestrian pathways. Currently, the site is minimally maintained with signs of vandalism The store has been vacant, according to city records, since December 31, 2006. According to King County Assessor's records, the building was constructed in 1982, and was originally constructed as an Albertson's supermarket. V. PUBLIC NOTICE AND COMMENT Pursuant to FWRC requirements, a Notice of Application (NOA) for the variance request was published, posted, and distributed to property owners within 300 feet of the subject property on January 24, 2009. The City received nine public comment letters (Exhibit E) in response to the notice of application, all of which support the variance request. Pursuant to FWRC requirements, a Notice of Public Hearing for the variance request was published, posted, and distributed to property owners within 300 feet of the subject property at least 14 days prior to the public hearing. Staff Report to the Federal Way Hearing Examiner Page 4 24 Hour Fitness Variance Request File No. 08-106037-00-UP/no. i o 50124 VI. STATE ENVIRONMENTAL POLICY ACT The granting of variances based on special circumstances are categorically exempt from environmental review pursuant to WAC 197-11-800(6)(b). VII. AGENCIES CONTACTED BY FEDERAL WAY As part of the variance request review by Federal Way staff, site visits were conducted and the proposal was circulated to the Federal Way Community Development Review Committee (CDRC), consisting of the following agencies and City departments: ■ Federal Way Planning Division ■ Federal Way Building Division • Federal Way Public Works Department • South King Fire & Rescue • Lakehaven Utility District CDRC comments have been incorporated into this report where applicable. VIII. NEIGHBORHOOD CHARACTERISTICS The BN zoned subject property is a 3.75-acre, developed, single -story, retail facility at 33620 21"' Avenue SW. The proposed use will occupy an existing 43,061 square -foot former Albertson's supermarket, which is situated in the SE corner of the lot approximately 349' from the western property line (21" Avenue SW) and approximately 141' from the northern property line (SW Campus Drive). The existing structure fronts 21'Avenue SW. The site is developed with structures and parking lots. The northern portion of the subject site is a multi -tenant building, which fronts on SW Campus Drive and directly abuts the proposed building. The site is encircled by BN zoning in all compass directions. The northern adjacent block contains a gas station, bank, and restaurant uses. The eastern adjacent site houses a U.S. Post Office. The southern adjacent block is occupied by a multi -tenant retail facility anchored by a Fred Meyer. The western adjacent block is developed with a multi -tenant retail facility anchored by a Safeway supermarket and Rite -Aid pharmacy. Both 215` Avenue SW & SW Campus Drive are major arterial streets. IX. HEARING EXAMINER VARIANCE CRITERIA REQUIRED BY FWRC 19.45.030 The Hearing Examiner may approve the variance request only if all four variance decisional criteria of FWRC 19.45.030 are met. The applicant has the burden of proof of convincing the Hearing Examiner that the applicant is entitled to the requested decision. The applicant provided a written response that discusses the variance decisional criteria relative to the proposal (Exhibit B). The criteria and the City's response is provided in the following sections: Staff Report to the Federal Way Hearing Examiner Page 5 24 Hour Fitness Variance Request File No. 08-106037-00-UP/Doc. I.D. 50124 1. "The variance request will not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone in which the subject property is located." City Response Upon analysis, the city has concluded that within the vicinity and zones in which the subject property is located, there would be a grant of special privilege that would be inconsistent with the limitations upon uses of other properties. The City has taken under consideration that the proposal intends to use an existing vacant space; however the Federal Way Revised Code does not differentiate between new "ground -up" developments and the use of existing spaces in terms of the size limitations placed upon the BN zone by FWRC 19.215.020. Any new health club built within this zone would be limited to 25,000 square feet as stipulated under FWRC 19.215.020. Any conversion of existing developments into a health club would also need to meet the size limitations set forth by FWRC 19.215.020. Granting of this variance request would allow a competitive advantage to this health club over any other health club in any BN zone. The larger square footage would allow them to offer more amenities and because of the fact that there is no special circumstance associated with the subject property that would constitute a grant of special privilege. 2. "That the variance is necessary because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property to provide it with use rights and privileges allowed to other properties in the vicinity and zone in which the subject property is located." City Response The variance is not necessary because no special circumstances relating to the size, shape, topography, location, or surroundings of the subject property exist to provide it with use rights and privileges allowed to other properties in the vicinity and zone in which the subject property is located. The existing vacant Albertson's is 43,016 square feet. It is possible to partition the existing building down to the 25,000 square -foot size. The applicant's request appears to be based on their business model, which generally calls for larger facilities than 25,000 square feet. The intent of this particular variance qualifier is for the allowance of a development within a constrained subject property (i.e. a parcel largely covered by critical areas buffer). Because the applicant can easily locate a 25,000 square -foot health club on the subject property, no special circumstances related to the subject property exist. "That granting the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located." City Response The remodel of the existing vacant Albertson's building and occupation by 24 Hour Fitness will not be detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located. The Albertson's building has been vacant since December 31, 2006. Maintenance and upkeep of the site have been minimal and the site has been a target of vandalism The improvement and occupation of this building would provide security, maintenance, and help support the local economic climate of the vicinity. Staff Report to the Federal Way Hearing Examiner 24 Hour Fitness Variance Request Page 6 File No. 08-106037-00-UP/Doc I D 50124 Visually, the granting of this variance would be less visually intrusive than a large vacant building. The proposal would also include exterior fagade improvements and pedestrian level improvements such as pedestrian pathways. Where applicable, all future improvements to the site would be subject to FWRC 19.115 Community Design Guidelines. 4. "That the special circumstances of the subject property are not the result of the actions of the owner of the subject property." City Response The special circumstances that affect this building were not self-induced by actions of the owner/applicant. The building was constructed in 1982 under the jurisdiction of King County and prior to the incorporation of the City of Federal Way. The applicant proposes to remodel and occupy an existing building, that due to zoning regulations at the time of development, allowed for the site and architectural design of the existing building/site to be constructed as such, where future alternative uses were precluded X. HEARING EXAM NERPROCESS IV DECISIONAL CRITERIA The Hearing Examiner may, after consideration of the entire matter on record, issue a decision with or without conditions, or a denial, pursuant to the FWRC. FWRC 19.70.150(3) contains five decisional criteria that are used by the Hearing Examiner during Process IV review. The decisional criteria and staff response follow: 1. "It is consistent with the Comprehensive Plan." City Response The proposal is not consistent with the Comprehensive Plan. The City of Federal Way Comprehensive Plan (FWCP) contains goals and policies to help guide the orderly growth and development of the City. The FWCP provides general policy framework as a basis for implementing regulations and other City programs such as the State Environmental Policy Act (SEPA). The subject lot is designated as Neighborhood Business by the FWCP, and zoned BN — Neighborhood Business. The purpose of the BN zone according to the Federal Way Comprehensive Plan (FWCP) is: "... These nodes are areas that have historically provided retail and/or services to adjacent residential areas. The FWCP recognizes the importance of firmly fixed boundaries to prevent commercial intrusion into adjacent neighborhoods. Neighborhood Business areas are intended to provide convenient goods (e.g., groceries and hardware) and services (e.g. dry cleaners, dentist, bank) at a pedestrian and neighborhood scale close to adjacent residential uses. Developments combining residential and commercial uses provide a convenient living environment within these nodes.... " Prior to a 2001 interpretation, health club uses were not allowed in this zone. However, in November 2001, a zoning code interpretation pursuant to FWCC Chapter 22, Article IV.A, Staff Report to the Federal Way Hearing Examiner Page 7 24 Hour Fitness Variance Request File No. 08-106037-00-UP/Doi. i D. 50124 was issued This interpretation permitted health clubs in the BN zone provided that the gross floor area of the business did not exceed 7,500 square feet. This size threshold would allow smaller fitness centers, like a "Curves" facility, which can locate in as little as a 1,000 square foot area, but would exclude larger facilities like the two Federal Way "Bally" fitness centers, which are 53,000 square feet (located at First Avenue and South 328t` Street in an Office Park [OP] zone) and 35,000 square feet (located south of South 316'h Street and west of 2& Avenue South in the CC-C zone). The intent of the 7,500 square feet size limitation was to ensure that health clubs developed within a BN-zoned area would maintain a neighborhood scale and not attract traffic from a broader regional area. Larger facilities are currently permitted in the CC-C, CC-F, and BC zones, which have no size restrictions. Staff conducted an informal survey of various health club facilities in order to determine what size limit, if any, should be placed on health clubs in BN zones. The following summarizes the sizes and types of health clubs that were found: (a) According to their website, a Curves franchise can locate in spaces as small as 1,000 square feet. (b) A Gold's Gym facility is looking for at least 18,000 square feet. (c) 24 Hour Fitness Centers have the following three typical types of clubs: (i) Fitness/Active — Requires less than 25,000 square feet and includes group exercise rooms, cardio equipment, weight rooms, locker room, and showers. The 24 Hour Fitness Center located at 2130 South 314`h (CC-F zone) is approximately 19,000 square feet and includes exercise classes, tanning, and sauna. (ii) Sport —Requires over 35,000 square feet and includes all of the above plus sauna, steam room, whirlpool, basketball court, swimming pool, tanning, and juice bar. (iii) Super Sport— Requires over 50,000 square feet and includes all of the above plus day spa, rock climbing, squash, and racquetball courts. (d) In Federal Way, the Bally Total Fitness Center located at 328`' and 1' Avenue South (OP zone) is approximately 53,000 square feet and includes a pool, sauna, steam room, whirlpool, exercise and weight rooms, indoor track, and tennis and racquetball courts. It was ultimately decided by City Council that a 25,000 square -foot health club use would meet the intent of the BN zoning designation. As such, a 43,061 square -foot health club would not meet the intent of the BN zone due to its size and potential regional draw. All retail uses are subject to a 40,000 square -foot limit in this zone. 2. "It is consistent with all applicable provisions of the Chapter and all other applicable laws." City Response Upon review of the proposal, the Department of Community Development Planning Division finds the variance request is not consistent with the legislative intent of City Council, in that health club uses in the BN zone are intended to be of a smaller scale use. Staff Report to the Federal Way Hearing Examiner Page 8 24 Hour Fitness Variance Request File No. 08-106037-00 UP/Dm I.D. 50124 "It is consistent with the public health, safety, and welfare." City Response Upon review of the proposal, City departments and other consulted agencies offered no objections to the proposed variance in relation to all applicable development codes and regulations. As such, the granting of the requested variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone. 4. "The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal." City Response The subject lot fronts both SW Campus Drive and 21" Avenue SW, both major arterial streets, and has an existing driveway on both streets. The capacity of 336`h Street SW & 21" Avenue SW and the internal parking lot network of the subject property is sufficient to accommodate the demand from a new health club facility once additional parking stalls and site improvements have been installed. Although the proposed facility will not require additional water or sewer services at this time, water and sewer services is provided to the site by Lakehaven Utility District. 5. "The proposed access to the subject property is at the optimal location of configuration for access." City Response Access to the site is from SW Campus Drive and 2 1 " Avenue SW. The location of the access points along the lot frontages were previously reviewed for compliance with King County code requirements in conjunction with review and approval of the site plan that has been approved for the existing retail grocery. The square foot variance, if approved, would not result in any modification to the access to the proposed health club. XI. FINDINGS OF FACT AND CONCLUSIONS Based on an analysis of the proposed action and related decisional criteria, the Department of Community Development finds that: 1. The FWCP designation of the site is Neighborhood Business. Zoning of the site is Neighborhood Business (BN). A health club is a permitted use under FWRC 19.215.020 Entertainment. 2. The proposed variance is exempt from the State Environmental Policy Act (SEPA) checklist review per WAC 197-11-800(6)(b). 3. The variance request is not consistent with the legislative intent of City Council or the Federal Way Comprehensive Plan, in that health club uses in the BN zone are intended to be of a smaller scale use. 4. The City has conducted an analysis of the required decisional criteria for the size variance. The City finds that the required decisional criteria of FWRC 19.45.030 and FWRC 19.70.150(3) are not met as identified in Section IX of this staff report. The analysis of the variance decision criteria in FWRC 19.45.030 and FWRC 19.70.150(3) is hereby incorporated into the findings of fact by reference as though set forth in full. Staff Report to the Federal Way Hearing Examiner 24 Hour Fitness Variance Request Page 9 File No. 08-106037-00-UP/Dc I D. 50124 XII. STAFF RwoAniENDATION Upon review of the variance application and pertinent decisional criteria, the Department of Community Development Services reconimends denial of the variance request to exceed the 25,000 square -foot maximum set forth under FWRC 19.215.020 to allow for the remodel of the existing 43,016 square -foot building into a health club. TRANSNIlTI'ED TO THE PARTIES LISTED HEREAFTER: 1. Federal Way Hearing Exaaniner 2. Applicant: Michael Chen, Group Mackenzie 1515 SE Water Avenue, Suite 100 Portland, OR 97214 3. Owner: SuperValu, Inc. 250 East Park Centef Blvd Boise, ID 97214 Staff Report to the Federal Way Hearing Examiner 24 Hour Fitness Variance Request Page 10 File No. 08-106037-00-UP/Doo. I D 50124 ,ECEIVED DEC 2 3 2008 CRY OF FEDERAL WAYMASTER LAND USE APPLICATION CDS DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES LS%41'.�w 33325 8" Avenue South CITY OF PO Box 9718 Federal Way Federal 07, WA 980-9718 253-835-2607;Fax 253-835]5-2809 wiyWittvaFfedeml%vay 0m APPLICATIONNo(s) ©o = 6) 0 / Date 11 12 08 Id �,3 Q� Project Name 24 Hour Fitness - Federal Way Property Address/Location 33620 21st Ave SW; Federal Way, WA 9BO23 Parcel Numbers) 2421039001 Project Description Tenant improvement and upgrade of Former 45,000 SF Albertson's grocea store to be used as a 45,000 SF health club. Type of Permit Required _ Annexation Binding Site Plan ^_ Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplieation Conference _ Process I (Director-s ApproveD Process if (Site Plan Review) Process M (Project Approval) Process IV (hearing Examiner's Decision) Process V (Quasi•)udicial Rezone) Process VI SEPA w/Project , SEPA Only Shoreline: Variance/Conditional Use Short Subdivision _ Subdivision X Variance: Commercial/Residential Required Information BN Zoning Designation Nalghtaorhmd cowmrcial Comprehensive Plan Designation N/A Value of Existing Improvements $3,150, 000 Value of Proposed Improvements International Building Code (IBC): A3 Occupancy Type I I IB Construction Type Applicant 24 Hour Fitness Name: David Self, Director of Construction Address: 5100 Beltline Rd, Suite 510 City/State: Dallas, TX Zip: 75254 Phone: 972-980-3701 Fax: E-mail: dselfW24hourfit.com Signature: Agent (if dif ant than Applicant) Group Mackenzie��tw,�, - Name: Chrietine Mckelvey, Project Architect Address: 1515 BE Water Ave, Suite 100 City/State: Portland, OR Zip: 97214 Phone: 503-224-9560 Fax; 503-228-1285 Email: lveyegrpmack.a m Signature: Owner SuperValu, Inc. Name: Eric Holzer, Real state Manager Address: 250 E. Park Center Blvd City/State: Boise, ID Zip: 97214 Phone: 208-395-3617 Fax: Email: eric.holzerOauVervalu.com Signature: Bulletin #003 - August 18, 2004 Page I of I kfflandouts\Master Land Use Application In 10/19/2013 02j55 9725174334 ': : s .,, :..: nib ;, «.•.•�. `� �,.:~ _ • Tad y .? ..1 :� �• . r`}� 7�: :' �:r:. At'4�'O' ' 'Ve- Way. DAVID SELF , t C 2 3 2008 PAGE 82/02 CITY OF FEDEP cos ,MALSTLR LAND US]& APPLICA 17ON JDZrAHTNLli1 TOFCOMM rgryDZV'ELOPVSNT6t30vtcPs 3332S 8" Avauua South Po sox 971a rodessk Way WA 98063-W18 253 83 ,2607; Fox 253-833»2609 YWIQI d a .Corn lC�l TIiTf,lQ(S] Date ll 12109 Oederal WV_ ifj¢et.Name•''24 Hv►,tx F�tnes.s - 412(tyAddressTluentlon 33620 21st Ave SW; Fedoral Way, WA 98023 t'ccll�iumbat(R} 2`ia10390P1 a�aatDeSedptlon Tenant imorovelment and v, rade of foruler 45, 000 SF Albertaon'ta grocery store to be used as a 45 , tat] ❑ 'SF health C:Lub . Permit RequWd . , ^ Bistdittg Sits Plsrt Boundary Line Adjustment 0omp Piao/Rezone Land Surface Modiilcadon F—Lot i-Ine Efift wiotl Prealrpllewon CoOfereuce Process I (Director-6 Approval) ""Process H (Site PlpnAtevitw) Pioceea 11T (Nroj sot Approval) a' Prasc a ry (Hearing axwminees Recision) Process V (Quaii-judicial Remo) •-•. •ri�7-7;-•-+Pmce,s VE 8>x1PA w/Prnject SEPA.Only Shuretitte: Variance/Conditional Use Shoat Subdivision ,� 5nbd[visioil }+'�7L• :iiariRnlCe: f�pmmp��cial/Residentiai Required Information Zoning Designation a ghbacks,ad - rciai Compreheasive Plan Dsdgnataan ._SLtL -Value 013xisting Improvements •$3,7's!,000 VrdutofProp09edlzlaprovements International Building Code (IBC): : A3 OocupattcyTyp@ 7I B Constraolion'Type . uilcllu #003•-,Augu5t 18, 2004 Applicant 24 Hour FitaesH Name: 'David Self, Daxector of Conatruotion A.ddresa: 5100 Beitli.ne ltd, Suite 510 Cltyl6tate: DalIaLS, -TX Zip: 75254 l"um; 972-980.3701 Fax: Email: d8e1fQ24houri'it.a0tn Si psftlrc: Agent (if ditlereatthau Applicant) Group Mackenz;le Name. Chri.atizls Mckelvey, PrOJaAt Architect Address: 1515 8z KaCer Ave, eu3.te 100 C ity/Stde: PortlmKtd, 401t Zip: 97214 Phone: ' S03-224-9560 Fax: 503-22a•-1205 E71d8i1:V"I lva�IV grpmac �i�atWCr7: Owner SuperValu, Tnc. Name: Eric, EcIz�ar, Real state, Kanagar AAddress: 250 R. park center Blvd Ciotatc Boise, ID Z* 97214 Phone: 209-395-3617 Fa; Ems,: era c.halzarr;tsaupervalu.com Signature: pa8¢ i ref I krV Lwid Use ApDucaLWa 12/01/2008 MON 09:40 [TX/RX NO 65041 IA002 RECEIVED By COMMUNITY DEVELOPMENT DEPARTMENT FEB 0 6 2009 S 53-835-2609 Commercial Real Estate SINCE 1975 February 3, 2009 City of Federal Way Department of Land Use PO Box 9718 Federal Way, Washington 98063-9718 Attention: David Lee Re: Variance No. 08-106037-00-UO TRF Pacific, LLC 2620 Second Avenue Seattle, Washington 98121 Phone: 206.985.0100 Fax: 206.985.0102 www.trfpac.com I am the property manager for the current owners of the Twin Lakes Shopping Center (TLR,LLC). Our company has been involved with the Twin Lakes Retail Shopping Center since its original development either as owners or agent for the owner as the property manager. As you are aware, the adjacent store is vacant and has been vacant since Albertson's vacated over two years ago. During that period of time tenants within our shopping center at Twin Lakes Retail have suffered a significant decline in growth but at the same time incurred increased costs for maintaining the additional graffiti and parking lot expenses that are part and parcel with continued vacancies. At this time we strongly request that the City approve this variance. The addition of a 24 Hour Fitness Club to the neighborhood would be extremely beneficial. The parking lot would be full and this area would once again become a vibrant commercial addition to the neighborhood. Please approve this variance and allow the 24-Hour Fitness occupancy of the vacant Albertson's building. Sincerely, TRF Pacific, LLC Kay Carls , Principal Property Manager Mailing Address: P.O. Box 31104, Seattle, Washington 98103 FEDERAL WAY i IRRUR A SOUND PUBLISHING NEWSPAPER Affidavit of Publication Rudi Alcott, being first duly sworn on oath, deposes and says that he is the Publisher of The Federal Way Mirror, a semi -weekly newspaper. That said newspaper is published in the English language continually as a semi -weekly newspaper in Federal Way, King County, Washington, and is now and during all of said time has been printed in an office maintained by the aforementioned place of publication of said newspaper. That the annexed is a true copy of a legal advertisement placed by City of Federal Way — Community Development Department FWM 1593 ., as it was published in regular issues (and not in supplemental form) of said newspaper once each week for a period of one consecutive weeks), commencing on the 3rd day of October, 2009, and ending on the 3rd day of October, 2009 both dates inclusive, and that such newspaper was regularly distributed to iW.readers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of 92.29 which amount has been paid in full, or billed at the legal rate according to RCW 65.16.090. Subscribed to and sworn before me this 20th day of October. 2009. Notary Public in and for the State of Washington, Residing at Federal Way NOTARY PUBLIC STATE OF WASHINGTON TERYL A. HELLER My Appointment Expires Sept. 04, 2012 1414 S. 3241h STREET, SUITE B210, FEDERAL WAY, WA 98003 ■ 253-925-5565 ■ F A X: 253-925-5750 Cry OF FEDERAL WAY f+i MCE GF Pt1BUC HEARING Notice is hereby green that the City of Federal Way Hearing Examiner will hold a public hearing at 2:00 p.m„ or shortly thereafter, on October 21, 2009, in Federal Way City Couxdl Chambers (33325 f3m Avenue South, PO Box 9718, Federal Way, WA 98063) for the following project, in accordance with the Federal Way Revised Code (FWRC). Project Name:24 Hour Fitness Variance Request Description: The applicant proposes to convert an exi5iing 43.061. -square-foot vacated supermarket into a hearth club facility. Per FWRC 19.215.020, heam dub uses are limited to 25900 square feet within Neighborhood Business @Nj zones. PK*o Location: 33620 21 st Avenue SW, Federal Way, WA 9WM Appficaint: Michael Chen, Group Mad en*, 1515 SE Water Avenue, Suite 100, Portland, OR 97214 Owner.. KPR Hospitality Investmeill5 LP, 2200 $tfr Avenue, SuRe 5?90. Seattle, WA 98121 Fde No: 08-105037-00`l1P Application Received; December 23, 2006 Delermined Complete: January 22, 2W9 Naboe of Application: January 24, 2W9 Ptb1c Hearing Prooess: Any person may partiapale to the public hearing by submitting written comments to the Hearing Examiner either by deli edn� comments to the Department of Community Development Services before the hearing, or by appearing at the hearing and presenting pubtrc testimony in person, orthrough a represenlative.The Hearing Examiner will issue a moornmendabon on the Use Process IV application wilhrin ten working days after the close of the hearing. Any person has the right to request a copy of the Hearing Fxarr,ner's dwL-son• Only persons who submit written.or oral comments to the Hearing Examiner may appeal ti,a Hearing Examiner's decision.The application is to be reviewed under all applicable codes. regulations, and policies of the City of Federal Way. Tile official file for the above project is xrabble for review during lxrsiraess hours at the permit counter at C kt Hall, 33325 t3th Avenue South, FIO Box 9748, Feederal Way. WA 9M, The SW report to the Hearing Examiner W11 be available for redrew one week before the hearing. CBS regarding this pv* d should be directed to David Lee, Associate Planner, at 253405-2622. 1'WM 1593 Date o1 PublkNAI0n: Wooer 3, 2OW RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT m m Group Mackenzie, Incorporated Architecture Interiors Structural Engineering Civil Engineering Land Use Planning Transportation Planning Landscape Architecture Locations: Portland, Oregon Seattle, Washington Vancouver, Washington APR 052010 G W _-F M ACK E N Z I E CELEBRATING YEARS March 30, 2010 City of Federal Way Department of Community Development Services Attention: Mr. David Lee, Associate Planner 33325 8"' Avenue South / PO Box 9718 Federal Way, WA 98063-9718 Re: 24 Hour Fitness Parking Demand 33620 21" Avenue SW, Federal Way, Washington Project Number 2090303.00 Dear David: Group Mackenzie is providing the following information related to parking requirements for a 24 Hour Fitness facility and the proposed site parking availability. The City of Federal Way currently does not have a parking requirement specific to fitness facilities, nor do most jurisdictions. For general retail uses, the City's minimum parking requirement is 3.33 spaces per 1,000 SF. Most 24 Hour Fitness facilities are located within existing strip malls where parking is shared, uses have offset peaks, and shared trips occur. Often, an analysis of parking specific to the facility is not required. With shared parking at most locations, it is difficult to assess the parking demand specific to 24 Hour Fitness. Parking data for Fitness Centers is available in the Institute of Transportation Engineers (ITE), Parking Generation, 3rd Edition. Data for Fitness Centers include a peak parking demand average rate of 5.19/KSF with an equation of P=3.62X + 27. This means larger facilities have a lower parking rate, in part because of the additional amenities provided at a larger facility such as swimming pools, basketball courts, and kid's facilities which require more space. ITE data are from an average facility size of 26,000 SF. ITE data would suggest a peak parking demand of 183 spaces for the proposed 43,016 SF facility when using the equation. The site currently has a total of 249 parking spaces, based on a field review. Existing uses include a 1,964 SF Taco Bell restaurant and 10,040 SF of retail space on the north side of the building occupied by several tenants. The existing uses and the proposed 24 Hour Fitness facility parking calculations are noted in the following table, indicating 241 spaces would be required. PARKING NEEDS Use Building Area (SF) Parking rate Spaces Required 24 Hour Fitness 43,016 3.62(X)+27 183 Retail Space 10,040 3.33(X 33 25 Taco Bell 1,964 12.5 X Total 241 H:\PROJECTS\209030300\WP\LTR\100330-Parking Demand.doc City of Federal Way 24 Hour Fitness Parking Demand Project Number 2090303.00 March 30, 2010 Page 2 The estimate of 241 spaces required for all uses at the site does not account for any shared trip impacts or offset peaks of the uses. Shared trips occur when a visitor to the site takes advantage for more than one use. It is likely the retail spaces and the restaurant have peaks earlier in the day, while the peak parking demand for a 24 Hour Fitness facility occurs between 6:00 p.m. and 7:00 p.m. on weekdays, resulting in a site peak demand less than 241 spaces. If you have any questions or need additional information, please feel free to contact us. Sincerely, Brent Ahrend, PE Traffic Engineer Enclosure: ITE, Parking Generation, 3rd Edition, Data for Fitness Centers Michael Chen, Dietrich Wieland — Group Mackenzie 35921 3-3a-/O H:\PROJECTS\209030300\WP\LTR\100330-Parking Demand.doc Land Use: 492 Health/Fitness Club Land Use Description Health/fitness clubs are privately owned facilities that primarily focus on individual fitness or training. Typically these clubs provide exercise classes, weightlifting, fitness and gymnastics equipment; spas; locker rooms; and small restaurants or snack bars. This land use may also include small facilities (ancillary to fitness activity) such as swimming pools, whirlpools, saunas, tennis, racquetball and handball courts and limited retail. These facilities are membership clubs that may allow access to the general public for a fee. Racquet/tennis club (Land Use 491), athletic club (Land Use 493) and recreational community center (Land Use 495) are related uses. Database Description The database consisted of all suburban sites with the exception of two urban sites. Parking demand rates at the two urban sites were similar to those of the suburban sites and therefore the data were combined and analyzed together. ■ Average parking supply ratios: 5.9 spaces per 1,000 sq. ft. GFA (nine study sites) and 0.15 spaces per member (five study sites). • Average employee density: 0.57 per 1,000 sq. ft. GFA (nine study sites). The majority of the data were collected during the winter. Parking demand counts were submitted for only single hour observations between 6:00 and 7:00 p.m. for 14 of the 20 study sites. Multi -hour continuous counts at the other six study sites indicate the peak period was typically in the same hour as the single counts. The following table presents time -of -day distribution of parking demand for the study sites. Based -on V�fcles per_GFA Weekday Data., .Node Be inning_.' : Percent of Peak Period Number.ofData Points 12:00--4:00 a.m. — 0 5:00 a.m, — 0 6:00 a.m. — 0 7:00 a.m. — 0 8:00 a.m. — 0 9:00 a.m. — 0 10:00 a.m. 86 2 11:00 a.m. 71 2 12:00 p.m. 53 2 1:00 P.M. 49 2 2:00 p.m. 42 2 3:00 p.m. 49 2 4:00 p.m. 76 4 5:00 p.m. 88 7 6:00 p. m. 100 20 7:00 p.m. 77 5 8:00 P.M. 62 2 9:00 P.M. — 0 10:00 P.M. — 0 11:00 P.M. — 0 * Subset of database Institute of Transportation Engineers 11 Parktag Generation, 3rd Edition Land Use: 492 Health/Fitness Club Study iteslY ars S e !; ; Syracuse, NY (1984); Tempe, AZ (1984); Edina, �. MN {1985); Hopkins, MN (1985j; 5t. Louis Park, MN (1985)', Aurora, CO (1986); Englewood, CO (1986}; Dallas, TX (19$4); Irvine, CA { 984}; Mesa, AZ (1984) Dewitt, NY (1988); Mllwaukie, OR (1995); Portland, OR (1995); Tigard, OR {1995}; Phoenix, AZ (2001 ) 44 r .10 srY 1 L ! .I 1 Parking Generalion, 3rd E(INbn Institute of Transportation Englneers 112 Land Use: 492 Health/Fitness Club Average Peak Period Parking Demand vs: 1,000 sq. ft. GFA On a: Weekday 7 r�: r .ti 3 Statistic - Peak Period .Derrian Peak Period 6:00-7:00 p.m. Number of Study Sites 20 Average Size of Study Sites 26,000 sq. ft. GFA Average Peak Period Parking Demand 5.19 vehicles per 1,000 sq. ft. GFA Standard Deviation 2.43 Coefficient of Variation 47% 95% Confidence Interval 4.13-6.25 vehicles per 1,000 s _ ft, GFA Range 1.77-10.56 vehicles per 1,000 sq. ft. GFA 85th Percentile 8.27 vehicles per 1,000 sci. ft. GFA 33rd Percentile 3.85 vehicles per 1,000 sq. ft. GFA * 4 Weekday Peak Period Parking Demand ' 400 - �' 350 300 L 150 - — - -P = 3.62x + 27 al 50 • _-_ ..__ a IL p 0 20 40 60 80 x = 1,000 sq. ft. GFA • Actual Data Points Fitted Curve - - - - Average Rate { Parking Generation, 3rd Edition institute of Transportation Engineers 113 JAN-27-2009 02:31 PM P, 1 4k� CITY OF 10;:� Federal Way DEPARTMENT OF COMMUMTY DEVELOPMENT SERVICES 33325 8t" Avenue South PO Box 9718 Federal Way WA 98063-9718 253-8352607;Fax 253-835-2609 ww w.cityaffederal w ay. corn SIGN INSTALLATION CERTIFICATE Project Name: /—A 1"TI S *P-1 lArJG� i2 QU Project File No; C),P Project Address; Installed By: tJA D7WJRt,,) _ Date of installation: 0 1 Z S' Z oc� Location oiInstallation; 2151' AVA-r F*.r KAN, C -r-O pA p w. Tit. :.. .- J17.i pd. wv m., kRe �a� _m i, s6. w. 0 .a: n. gym; (W. :u. ,r , •eY: •f(i. w. .•s- �e mi, ,m_ yl. A��o�se�pc•a��a:i o�ri Y9` !i m:i w® W:9 ua and tl�G ces r�ri y„a ■;i pia �A 0.vs ma � ma rm Me mn s8 6a mar n•A mti as M �„ .*w �w : M• •cvr •er• •rw ,�. .�,. .,q„ �Rfr 'A1. .a4�A' Aid 'ew `�Y ••4!r . �1� •�K ,'q.,• .�•w .hf ••#�. ��w .�i�.pAr �pn .,'AI •• •i- I hereby testify that the sign installed fully complies with the installation standards of the Department of Community Development Service's "Instructions for Obtaining & Posting public Notification Signs" and that the sign will be maintained until a final decision is issued on the land use action, I understand that failure to return this certificate within five days of posting may result in delays, notice of corrections, and re -mailings at the applicant's expense. Installer's Name Installer's Signature GI z .0 C) Date Zoe -�-Z4 1- q (� 9 3 Phone Bulletin #036 — August 18, 2004 Fagc 1 of 1 k:\Hsndouts\Sign installation Cetrtiticaic LVA a ' 01 TABLE OF CONTENTS Variance Request- Master Land Use Application Form 1 Variance Request & Letter of Support 2 Pre -Application Waiver Request 3 Assessor's Parcel Map & Mailing Label List 4 Zoning & Vicinity Maps 5 Site Plan 6 Title Report 7 Site Photos 8 Process iv Variance Request To City of Federal Way, Department of Community Development Services For 24 Hour Fitness Submitted December 22, 2008 Project Number 2050277.01 RECEIVED b,.-C 2 3 2008 CITY OF FEDERAL WA`( CDS GROUP 1 NfACKENZIE November 24, 2008 City of Federal Way Department of Community Development Services Attention: Isaac Conlen, Planning Director 33325 8"' Avenue South PO Box 9718 Federal Way WA 98063-9718 www.cityoffederalway.com M Re: 24 Hour Fitness at 33620 21st Avenue SW a Process IV Variance Request — Health Club Square Footage o 0 Project Number 2050277.01 m10 C M x Dear Isaac: n � w The applicant is seeking a variance to the gross floor area restriction established under Federal o Way City Code, section 22-722, for a health club use in the Neighborhood Business (BN) zone. C U Per the code requirement, "gross floor area may not exceed 25,000 SF for health clubs or retail a establishment providing entertainment, recreational, or cultural services or activities." aThe applicant seeks a variance to allow a 45,000 SF health club in a vacant structure. The structure 3 was previously occupied by an Albertson's grocery store. According to the Neighborhood Business Cn Code, retail establishments selling groceries are permitted outright in this zone. 24 Hour Fitness W would propose tenant upgrades to provide a health and fitness center including a large exercise Lo equipment area, childcare services, a 25-meter swimming pool, spa, sauna, basketball court, M tanning rooms, and a small retail area for members and non-members. s v lo H Although the building is a pre-existing structure, the proposal includes some cosmetic improvements to the entry and fagade to decrease the perceived scale of the building. The applicant is continuing to work with the City to provide site amenities that encourage pedestrian and bicycle Group access to the site, while creating a welcome transition from the site to the neighborhood. The Mackenzie, Mackenzie, Incorporated building size exceeds the allowed square footage for this type of use; however, the proposed improvements to the entry and fagade and increased pedestrian accessibility will mitigate for the Architecture larger footprint. Proposed site amenities would include additional landscape buffering, pedestrian Interiors access paths into and through the parking lot, and upgrades to the primary building entrance with Structural Engineering additional glazing, canopies, and fagade treatments to minimize the scale of the building. Civil Engineering Land Use Planning Transportation Planning Landscape Architecture Locations: Portland, Oregon Seattle, Washington Vancouver, Washington H:\PROJECTS\205027701\WP\LTR\081017 Variance Request.doc City of Federal Way 24 Hour Fitness at 33620 21 st Avenue SW Project Number 2050277.01 November 24, 2008 Page 2 FEDERAL WAY CITY CODE (FWCC) 22-198 Criteria for granting of Variance. The city may grant the variance only if it finds all of the following: (1) That the variance will not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone in which the subject property is located. Response: A search of health clubs and fitness centers within a 3-mile radius (approximate distance to the Interstate-5 interchange to the east) shows approximately six fitness centers of varying function and square footage, in differing zones. Curves, a smaller facility that caters to women's cardiovascular health and nutrition, is the only facility within the same BN zone and is approximately 1 /4 mile from the project site. Most Curves facilities are located within retail strips with fewer amenities than a 24 Hour Fitness, Bally's, or LA Fitness. Even if there were no limitation to the square footage allowance within the BN zone, it is not likely that a Curves franchise would exceed the 10,000 to 15,000 SF range. All other clubs are in different zoning districts where there is no limitation to the health club square footage. These facilities range in size from 19,000 SF to 53,000 SF. Therefore, there are limited health club uses in the area and only one other health club in the BN zone that could be considered a similar use. There are no properties or users in the vicinity and zone that would be unduly burdened by the granting of this variance. The variance would not constitute a grant of special privilege because the proposed use would occupy an existing structure. The proposed mitigation would achieve the intent of the code limitation to "insure that health clubs developed within a BN-zoned area would maintain a neighborhood scale and not attract traffic from a broader regional area." Initial analysis of the neighborhood shows more than 8,000 units (both single and multi -family) within 1-mile radius of the proposed 24 Hour Fitness. As shown on the attached map (see tab #5) of recently approved development projects, there are also 194 single-family and 4 multi -family units proposed within 1 /2 mile of the site. To further facilitate the requirement for a facility of neighborhood scale, 24 Hour Fitness will work with the City to develop site amenities and safe pedestrian connectivity to and from adjacent neighborhoods. This will also limit the amount of vehicle trips. It should also be noted that the previous user, Albertsons, generated more trips on a local and regional scale than the proposed 24 Hour Fitness. According to ITE trip generation rates, a 45,000 SF grocery store generates 496 PM peak hour trips, with an average daily trip (ADT) rate of 4,404. In comparison, a fitness center use of the same square footage generates 182 PM peak hour trips and 1,482 ADT. This represents a 66% reduction in trips. (2) That the variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property to provide it with use rights and privileges permitted to other properties in the vicinity and zone in which the subject property is located. Response: The request for the variance will allow for the reuse of an existing, vacant grocery store. While this would not qualify as a special circumstance, in an effort to minimize further construction and natural resource impacts, 24 Hour Fitness would like to retain the shell structure with interior upgrades and minimal exterior modifications. 24 Hour Fitness will work with the H:\PROJECTS\205027701\WP\LTR\081017 Variance Request.doc City of Federal Way 24 Hour Fitness, at 33620 21 st Avenue SW Project Number 2050277.01 November 24, 2008 Page 3 existing size and shape of the building to fit a health club with amenities outlined above. The granting of the variance will re -invigorate the site as a community node to complement the adjacent Safeway, Fred Meyer, Rite Aid, and surrounding personal service retail uses. Although the site is permitted as a grocery store, the addition of Safeway and Rite Aid to the area limits the viability of the site to serve as a grocery store. Furthermore, the existing structure is not viable to split into smaller tenant spaces due to the depth of the building. The ability to reuse this site and the existing structure is limited to potential users such as 24 Hour Fitness. In addition, the location of a fitness center directly adjacent to these personal service centers will likely reduce the number of vehicle trips and congestion on the local and regional street network. The variance will provide the subj ect property the same use rights and privileges permitted to the other fitness centers located within a 3-mile radius, which include a 53,000 SF Bally's Total Fitness, a 50,000 SF LA Fitness, a 50,000 SF Bally's, and a 19,000 SF 24 Hour Fitness. (3) That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located. Response: The proposed modification to transform the vacant grocery store to a health club will be materially beneficial to the public welfare and advantageous to the overall health of the Federal Way community. 24 Hour Fitness focuses on providing members with services and amenities that encourage a healthy active lifestyle. Services will include a large, state-of-the-art exercise equipment area, childcare services for members while exercising, a 25-meter swimming pool, spa, sauna, basketball court, tanning rooms, and a small retail area for members and non-members. Exterior amenities will include pedestrian access through the parking lot to the adjacent roadways and neighboring residential areas. On -site landscaping will buffer the parking area from the primary entrance and the adjacent roadways. The applicant has also proposed to provide building canopies to break up the front fagade. The primary entrance will be enhanced with additional glazing and signage to create an inviting atmosphere at a pedestrian scale. Additionally, while the focus of the club is to promote a healthy lifestyle, the upgrade of the property from a vacant structure to a significant community health club will likely enhance those properties in the vicinity and zone in which the property is located. With a gathering of personal service amenities in this area, vehicle trips will likely be reduced, resulting in an improvement to traffic congestion, air pollution, and the overall public welfare. The applicant does not foresee any detrimental impact with the granting of the variance. As this site was developed for a grocery store use with greater transportation impact and trip generation, there are no detrimental impacts that have not been considered with the previously approved site development. This criterion is met. (4) That the special circumstances of the subjectproperty are not the result of the actions of the owner of the subjectproperty. (Ord. No. 90-43, § 2(120.20), 2-27-90) Response: As this site is a former 45,000 SF grocery store, the special circumstances of the subject property are not the result of the development actions of the owner. The applicant is proposing to work with the existing building footprint to reuse and restore the site to an economically viable use that provides an added benefit to the community. The structure and layout of the building does limit the potential reuse of the site, and there are limited tenants that could feasibly use this site. The larger building footprint will allow 24 Hour Fitness to provide amenities including a 25-meter H:\PROJECTS\205027701\WP\LTR\081017 Valiance Request.doc City of Federal Way 24 Hour Fitness at 33620 21 st Avenue SW Project Number 2050277.01 November 24, 2008 Page 4 swimming pool and basketball court. These amenities will draw additional community users to the site seeking out a health club with a pool and basketball court. This criterion is met. 22445 Hearing examiner's decision. (c) Decision criteria. The hearing examiner shall use the criteria listed in the provision of this chapter describing the requested decision in deciding upon the application. In addition, the hearing examiner may approve the application only if (1) It is consistent with the comprehensive plan; Response: The latest Federal Way Comprehensive Plan was drafted in July 2007. According to the Comp Plan Designations: Land Use Element, the site is located within the Neighborhood Commercial land use designation. Section 2.8 of the Comp Plan outlines the goals of the Neighborhood Commercial areas: Neighborhood Business areas are intended to provide convenient goods (e.g., groceries and hardware) and services (e.g., dry cleaners, dentist, bank) at a pedestrian and neighborhood scale close to adjacent residential uses. Developments combining residential and commercial usesprovide a convenient living environment within these nodes. In the future, attention should be given to design features that enhance the appearance or function of these areas. Improvements may include sidewalks, open space and street trees, and parking either on street or oriented away from the street edge. The function of neighborhood business areas can also be enhanced by safe pedestrian, bicycle, and transit connections to surrounding neighborhoods. The need to address expansion or intensification may occur in the future depending on population growth. Future neighborhood business locations should be carefully chosen and sized to meet the needs of adjacent residential areas. The proposed health club would qualify as a convenience service within a focused neighborhood business area. Services within this area include a Safeway, Fred Meyer, Blockbuster Video, Subway, Rite Aid, four banks, and a post office. These services are provided within 1/4 mile radius of the site, which is considered the general distance a pedestrian will travel on foot. There are existing single and multi -family residential zones to the north, northeast and southwest of the site, with 194 additional single-family and four multi -family units approved for development within 1 /2 mile of the site. Based on aerial mapping, there are approximately 65 multi -family units within a 1/4-mile radius. Based on this initial analysis, the proximity of these residences, combined with the adjacent convenience goods and services, would qualify this site as an ideal spot for an additional convenience service. This is further substantiated by the fact that the closest fitness center/health club is a Bally Total Fitness located approximately 1.4 miles away. The location of several goods and services within a compact environment or central commercial node works to limit the extension of infrastructure that contributes to sprawl and further reduces the number of daily trips a motorist will make to the varying goods and service locations. This criterion is met. J H:\PROJECTS\205027701\wP\LTR\081017 Variance Request.doc J City of Federal Way 24 Hour Fitness at 33620 21 st Avenue SW Project Number 2050277.01 November 24, 2008 Page 5 Goal LUG7 Provide neighborhood and community scale retail centers for the City's neighborhoods. Response: Initial analysis of the neighborhood shows more than 8,000 units (both single and multi -family) within a 1-mile radius of the proposed 24 Hour Fitness. As shown on the attached map (see Tab #5) of recently approved development projects, there are also 194 single-family and 4 multi -family units proposed within 1/2 mile of the site. To achieve the neighborhood and community scale requirement, the applicant will work with the City to provide site amenities that encourage pedestrian and bicycle access to the site, while creating a welcome transition from the site to the neighborhood. Proposed site amenities would include additional landscape buffering, pedestrian access paths into and through the parking lot, and upgrades to the primary building entrance with additional glazing, canopies, and facade treatments. Attractive pedestrian amenities will work two -fold to increase pedestrian activity while limiting local vehicle trips. It should also be noted that based on ITE trip generation rates, the previous user, Albertsons, generated 66% more trips on a local and regional scale than the proposed 24 Hour Fitness. Fewer trips will create a safer and more positive experience for pedestrians. Policies LUP42 Integrate retail developments into surrounding neighborhoods through attention to quality design and function. Response: To integrate the health club into the surrounding single and multi -family neighborhoods, the applicant will work refer to the City design guidelines and confer with the City officials to provide site amenities that encourage pedestrian and bicycle access to the site, while creating a welcome transition from the site to the neighborhood. Proposed site amenities would include additional landscape buffering, pedestrian access paths into and through the parking lot, and upgrades to the primary building entrance with additional glazing, canopies, and- facade treatments. Attractive pedestrian amenities will work two -fold to increase pedestrian activity while also limiting local vehicle trips. As stated above, there are several neighborhoods in the area within a 1/4-mile pedestrian access radius, which is considered the general distance a pedestrian will travel by foot in the urban setting. LUP43 Encourage pedestrian and bicycle access to neighborhood shopping and services. Response: The proposed site amenities would include additional landscape buffering, pedestrian access paths into and through the parking lot, and upgrades to the primary building entrance with additional glazing, canopies, and facade treatments. The applicant will work with the City to determine optimal pedestrian and bicycle access points to the adjacent neighborhood shopping and services. This site is well suited to complement the adjacent grocery, pharmacy, restaurants and banks, all parts of a central commercial node. The applicant will work with the City to provide access to and from these services to the adjacent residential subdivisions. This criterion is met. H:\PROJECTS\205027701\wP\LTR\081017 Variance Request.doc City of Federal Way 24 Hour Fitness at 33620 21 st Avenue SW Project Number 2050277.01 November 24, 2008 Page 6 LUP44 Encourage neighborhood retail and personal services to locate at appropriate locations where local economic demand and design solutions demonstrate compatibility with the neighborhood. Response: As demonstrated in the above responses, this site is part of a neighborhood retail and personal service node that serves the surrounding single- and multi -family residential subdivisions. There are more than 800 units within a 1-mile radius of the site to create an economic demand for the fitness center and adjacent grocery stores and personal service stores. The applicant will work with the City and within the context of the design guidelines to develop compatibility between the retail uses and the neighborhood. This will be achieved through pedestrian linkages, added landscape elements in the parking area and access points, and building entrance upgrades (canopies, facade treatments) to draw users to the fitness center. This criterion is met. LUP45 Retail andpersonal services should be encouraged to group together withinplanned centers to allowfor ease ofpedestrian movement. Response: Although not designated as an official community center, this area includes several retail businesses grouped together to allow for ease of pedestrian movement. The Twin Lakes Shopping Center features a Safeway, Rite Aid, a Curves, and several standalone retail facilities to the west of the proposed 24 Hour Fitness. The Twin Lakes Village retail strip is directly across the street from the Twin Lakes Center, with several retail shops in the strip, an adjacent Bank of America, and two other standalone retail stores. These centers are in addition to the 3 or 4 drive -through banks to the east of 21 st Avenue SW and the Fred Meyer to the south of the site. To allow for pedestrian movement there is an attached sidewalk on both sides of 21 st Ave SW and SW 336'h Street. This criterion is met. LUP46 Neighborhood Business centers should consist of neighborhood scale retail and personal services. Response: As stated above, there are more than 8,000 units (both single- and multi -family) within a 1-mile radius of the proposed 24 Hour Fitness. As shown on the attached map (see Tab #5) of recently approved development projects, there are also 194 single-family and 4 multi -family units proposed within 1/2 mile of the site. To achieve the neighborhood scale goal, the applicant will work with the City to provide site amenities that encourage pedestrian and bicycle access to the site, while creating a welcome transition from the site to the neighborhood. Proposed site amenities would include additional landscape buffering, pedestrian access paths into and through the parking lot, and upgrades to the primary building entrance with additional glazing, canopies, and facade treatments. Attractive pedestrian amenities will work two -fold to increase pedestrian activity while limiting local vehicle trips. It should also be noted that based on TTE trip generation rates, the previous user, Albertsons, generated 66% more trips on a local and regional scale than the proposed 24 Hour Fitness. Fewer trips will create a safer and more positive experience for pedestrians. H:\PROJECTS\205027701\WP\LTR\081017 Variance Request.doc City of Federal Way 24 Hour Fitness at 33620 21st Avenue SW Project Number 2050277.01 November 24, 2008 Page 7 L UP47 Encourage mixed residential and commercial development in Neighborhood Business designations where compatibility with nearby uses can be demonstrated. Response: The neighborhood business area around the 21" Avenue SW and the SW Campus Drive intersection consists primarily of single -story retail buildings, with larger scaled grocery store anchors. Therefore, a vertical mixed residential and commercial development is not feasible with the existing commercial stock. As evidenced by the attached map (see Tab #5), the neighborhood business node is surrounded by single- and multi -family residences of varying densities. A good portion of these neighborhoods are within walking distance of the proposed 24 Hour Fitness and the adjacent retail uses. While not considered a true horizontal mix of uses, the residential areas are compatible and provide the economic base for the neighborhood businesses. This criterion is met. LUP48 Neighborhood Business areas should be served by transit. Response: King County Metro Transit does serve the area with several bus lines along both 21" Avenue SW and Campus Drive. The bus lines serve the greater Federal Way area, with regional buses linked from the main transit center located at South 317"' St and 23rd Avenue South. Also, there is the Twin Lakes Park and Ride located approximately 1 /3 mile to the south of the site along 21" Avenue SW. The site is frequently served by bus transit. This criterion is met. LUP49 In designating new or expanding existing Neighborhood Business centers, the adjacent zoning and land use shall be carefully considered. New Neighborhood Business centers are most appropriately located adjacent to multiple family and high - density single-family residential areas. Response: The Twin Lakes neighborhood business area is an existing retail area that is surrounded by single- and multi -family subdivisions. There are more than 800 high -density single and multi- family residential units within a 1-mile radius of the site, which creates a viable economic market for the smaller retail shops and the "anchor" neighborhood/community retail stores. Additionally, recent residential subdivision approvals in close proximity to the site have added 190 single-family and 4 multi -family units. The Federal Way Comp Plan targets a Neighborhood Business area to provide neighborhood scale goods and services close to residential services. This site is adjacent on three sides to a high -density, single-family area (6 units/acre), as well as a multi -family area to the north. These higher density residences are better served with a larger neighborhood/community health club with additional site amenities that include a kids club, swimming pool, spa, basketball court, and aerobics room. A health club limited to 25,000 SF or less would not be able to provide the same level of amenities that are focused on providing building blocks for a healthy lifestyle, nor would it be able to provide a swimming pool or a basketball court. These added amenities could be provided with a lesser traffic impact than the previously approved Albertson's grocery store. Trips would be reduced by approximately 66% for both PM peak hour trips and ADTs. This criterion is met. (2) It is consistent with all applicable provisions of this chapter and all other applicable laws; Response: The applicant is aware of the criteria requirements for hearing examiner approval. As the requested variance is for an existing structure, the streets and access points are already determined. The previous grocery store use provided ample parking and traffic circulation for a use that generates greater traffic demand than a health club. The applicant will work with the City to H:\PROJECTS\205027701\WP\LTR\081017 Variance Request.doc -J City of Federal Way 24 Hour Fitness at 33620 21 st Avenue SW Project Number 2050277.01 November 24, 2008 Page 8 provide updated site improvements that may include additional parking lot landscaping, pedestrian access to and through the parking area, and upgrades to the primary building entrance. The requested health club use is consistent with the comprehensive plan and will meet the goals of public health, safety and welfare. This criterion is met. (3) It is consistent with the public health, safety and welfare; Response: As the proposed use is a health club with the mission to promote physical fitness and personal health, the proposal will benefit the overall public health and community welfare. The applicant will work with the City to provide site improvements that effectively screen parking and building areas from surrounding zones, and achieve the goals of the BN zone and Neighborhood Commercial comp plan. This proposal represents a reuse of an existing, vacant building, with decreased traffic impacts. The site will be accessible to the adjacent neighborhoods via pedestrian linkages, which further promotes exercise and public health. The proposed use is consistent with the adopted plans and criteria, and reflects the community plan for this area. The proposal is not injurious to uses, planned uses, property or improvements in the vicinity. Therefore, this proposal is consistent with the public health, safety and welfare. These criteria are met. (4) The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal; and Response: The on -site driveways and adjacent public streets and utilities were approved at the time of the original Albertsons development. The transportation infrastructure was designed to meet the capacity demand of a 45,000 SF grocery store, a significantly greater trip generator than the proposed health club. Aside from tenant upgrades, building entrance enhancements, and additional landscaping, no site development is proposed. The existing infrastructure is adequate to serve the anticipated demand of this proposal. This criterion is met. (S) The proposed access to the subjectproperty is at the optimal location and configuration for access. Response: The site features three access points from SW Campus Drive, two points from 21" Avenue SW, and one access from 19'h Avenue SW. The closest access points are located approximately 120 feet from the intersection of Campus Drive and 21" Avenue SW. As the requested variance is for an existing structure, the streets and access points are already determined. The previous grocery store use provided ample parking and traffic circulation for a use that generates greater traffic demand than a health club. This criterion is met. SUMMARY The requested variance request meets the requirements outlined in the Federal Way City Code and 2007 Comprehensive Plan. The proposed reuse of the existing vacant grocery store provides an economic redevelopment opportunity that will promote the general public welfare and bring added value to the neighborhood business node around the site. Upon approval of the variance request, the applicant will work with the City to provide site amenities that promote pedestrian linkage and a site that fits within the context of the neighborhood businesses and residential subdivisions. H:\PROJECTS\205027701\WP\LTR\081017 Variance Request.doc City of Federal Way 24 Hour Fitness at 33620 21st Avenue SW Project Number 2050277.01 November 24, 2008 Page 9 According to the amendment to allow health club uses in the BN zone, presented to the Planning Commission on July 25, 2003, the intent of the 25,000 SF limitation is to ensure that health clubs within the BN zone maintain a neighborhood scale and do not attract traffic from a broader regional area. As demonstrated above, the applicant will work with the city to limit the perceived scale of the building to fit within the neighborhood context, while also creating pedestrian amenities for access to and through the site. According to ITE trip generation rates, a 45,000 SF supermarket generates 4,404 average daily trips (ADT) and 496 PM peak trips, while a health/fitness club generates 1,482 ADT and 182 PM peak trips. This represents a significant reduction in vehicle trips that is further validated by the close proximity of other personal service retail sites directly adjacent to the proposed 24 Hour Fitness. Therefore, the intent of the zoning code amendment can be met by the proposed reuse of the existing grocery store. For these reasons, we respectfully request that this variance be approved to allow for a 24 Hour Fitness health club within the BN zone. Upon approval of the variance request, the applicant will submit the necessary documentation for land use and design review approval. Sincerely, 7-2f�� 4 Thatch Moyle, AICP, Planner Enclosures: Variance Request Application Site Vicinity and Zoning Maps Site Plan Site Photos c: Dietrich Wieland — Group Mackenzie H:\PROJECTS\205027701\WP\LTR\081017 Variance Request.doc SUPERVALUINC. Boise Store Support Center 250 E. ParkCenter Blvd. P.O. Box 20 Boise, ID 83726 October 13, 2008 City of Federal Way Department of Community Development Services Isaac Conlen- Planning Director 33325 8th Avenue South PO Box 9718 Federal Way WA 98063-9718 www.cityoffedemlway.com Re: Letter of support for proposed 24 Hour Fitness at 33620 21't Ave SW in Federal Way Dear Mr. Conlen: You may be aware, SuperValu, Inc., a successor in interest to Albertson's, Inc., has control of the leasehold estate at the subject location. We are in discussions with representatives from 24 Hour Fitness regarding the potential for a sublease of the vacant Albertson's location. It is our understanding that the municipal code places a 25,000 square foot size restriction on health clubs within the Neighborhood Business zone. 24 Hour Fitness indicates that it is necessary for them to occupy and utilize the entirety of the 41,901 square foot facility in order to provide the community with the full compliment of their offering and to remain competitive in the market place with their brand. The facility is obviously underutilized, and today the population must drive out of the community to enjoy the benefits of a full service health club and fitness facility. Given the proximity to parks, schools and homes the location is ideal for their intended use, it will help with traffic congestion that occurs as those utilizing the services of a health club must drive back toward I-5 to meet their needs. Therefore we ask for the City of Federal Way to cooperate with 24 Hour fitness and SuperValu by considering variance to the municipal code to allow the vacant facility to be used as a health club in excess of 25,000 square feet. Please do not hesitate to call should you wish to discuss our efforts in providing this submarket with health club services close to home. I can be reached at (208) 395-3617. Best regards, Eric Holzer Real Estate Manager, SuperValu, Inc. — Intermountain West Divison eric.holzer su ervalu.com M 11 /12/2008 Federal Way City of 300' Parcel 33325ty thAveS. 33325 Bth Ave S. P.O. Box 9718 Federal Way Wa..98063 Federal Way Notification area (206) - 835 - 7000 www. cltyoffederalway, com 8945°o- e9}wd gg4s00. gg,i90y S94500. 694500� 010089ASM 0130�54015065M 894500- 0060 0070 894500,01M 0110 B94500- 0140 0160 0170 ki*D080 _. _ 0120 972 0 932090 932090. ;932094 0040 a' Q 932090. p73p 932080. 0700' OGEIO OgSp 1 9120900870 z2090.0770.. 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GHBO SIR =S, .�, RE r_ ! 24 HOUR FITNESS w ' . FEDERAL WAY 0FITnEms' � 2 4 _ �^ T ti� .;.. Sawa. Data K%PROJEGTSQCE0M2W6PLA?*4" CA-wgraphic Projection fnfarmstion MAO e3 HARM. o eo- Nv LAB.. ccxio.�r � LnCATMN IMP NEIGHBORHOOD BUS"INE S (BN) � Mb 1p • s� r r r •s t .► Jr r +y* - A •r Snohomish 36#wson ._ KT Mng ru�sart t�n;t� Pierce - Tilt ton• Yak OR W PORTLAND,ORISEATTLO WA I VANCOUVER. WA RNO(EaS2 COTK& 1195 MW ANMLM. SUW toot Portland OR 57214 P0. 6az %4310 I Ponhwd. OR 97293 T: 503224.9560 I R 503228-1285 I ww 9roupmackwi;PO-cam ARCHrrECTVRE STRUCTUM EN61WM1443 TRANSPORtATION ENGNEERPI6 CML ENORIEETN6 tNTETUORS PLANNAIO ©GROUP MACK@ILE 200E ALL R PG HTS RSSERVm Osw at$3JG0 PtG*V Nc- 2GWZn E1 FOC SAeYenrt, FRCWaTm. I R•p C-.Wd W DTIA +s I r► °W_ k W 'I $( Af TW •.• • - Jr ' I Y r �• - ` till. +. . 1� ! y r _ A i r r =+r _ • � �,� , '� ',� '*' R � �" za � � . k .. _� �� � '� - �:, •- ill � _ ''i�'.�' f � � � �' lop � - j —- CAMPUS ❑R �. •� do 77- 1P Saghalie Firs Campus Crest o _ 4 •114 � ■ - -Family Units > • ` tR�# i. lti : wit �. �► 'il s` r i 64 } _ - � f• • r ice", �•� , jai � �- *Ir �r..., r +. M•- -p.�.r '.. i ar � r+ ems+ '►s�k I�+ •ti �1 „wr ..y �'� A ��. aR.^c. i.•�i ��•► 1.; r�r •� >M i a-1 -:.. ..+-s^� ! .i 4'_ '� W �n^ - Cam. is 24 HOUR FITNESS FEDERAL WAY Site Photos Index OFIM5TnEss, stance Point Soume Data H.44IWECTStP00G1Ri�41"G Growapime Pm kdron "OrYilimom N�aMHARN.0"-� Lrab+ Cnn -.m C m tnu T1w aw' G R Q...U-P--- PORTLAND.OR I SFATTLE. WA I VANCOUVER WA MvwEast Centw 1195 Water kmnLmk 9ita loot Po dv4 OA 97214 P0. Box 43101 Pordwd OR 97293 T: 50322,k9WO I k 503.228.12851w.groupmackanxt3.com ARCHMEC ME STRUCTURALENC04EERIM TRANSPORTA-noN ENCWiEE7:ING CIVIL ENGINEERNG INTERIORS PLWNING GRCCAP MACKENnE 20M C ALL Ft*KM RESERVED D.k; 1V`IWa P-J-A Na: 2MM7J31 flic:ffa.PhM.Key � MW Cmmfod *: RDH t ~� } owl } r .. 66 � � f M � . SOTOM OPS AVAAL J ■ 3 HA '553U LIV I,i W-W,wl do t. 4k f *M Ar; L .. �Aj M. --I S,oloqd �Djls AVM IVHJUJA [S 3U11.4 0 - 40' AVM �"auaA 1,:5-s-3u-z,mrm N,-)Ouvls t� Group Mackenzie, Incorporated Architecture Interiors Structural Engineering Civil Engineering Land Use Planning Transportation Planning Landscape Architecture Locations: Portland, Oregon Seattle, Washington Vancouver, Washington G R O_U-R MAG K ENZ.IE' May 6, 2009 City of Federal Way Department of Community Development Services Attention: Mr. David Lee, Associate Planner 33325 81l' Avenue South PO Box 9718 Federal Way WA 98063-9718 Re: 24 Hour Fitness Variance Request 33620 21" Avenue SW, Federal Way, Washington File Number 08-106037-00-UP Project Number 2050277.02 Dear David: RESUBMITTED MAY 0 S 2009 CITY OF FEDERAL WAY BUILDING DEPT. In response to your additional information request letter dated January 22, 2009, we are providing the following information related to 24 Hour Fitness facilities in general and the proposed site parking availability. Typically, 24 Hour Fitness has found they require 200 parking spaces per location. A review of parking provided at similar locations indicates an average parking rate provided of approximately 5.0 spaces per 1000 SF. Most 24 Hour Fitness facilities are located within existing strip malls where parking is shared, uses have offset peaks, and shared trips occur. Often, an analysis of parking specific to the facility is not required. With shared parking at most locations, it is difficult to assess the parking demand specific to 24 Hour Fitness. Recent 24 Hour Fitness projects have provided parking at an average rate of 5.0 spaces per 1,000 SF. These include Moraga in the San Francisco Bay Area and Ann Road in Las Vegas. The Moraga site is 24,000 SF with 135 parking stalls, for a ratio of 5.6/KSF. The Ann Road site is similar to the proposed facility at 45,000 SF with 210 parking spaces, for a ratio of 4.7/KSF. Parking data for Fitness Centers is available in the Institute of Transportation Engineers (ITE), Parking Generation, 3`d Edition. Data for Fitness Centers include a peak parking demand average rate of 5.19/KSF with an equation of P=3.62X + 27. This means larger facilities have a lower parking rate, in part because of the additional amenities provided at a larger facility such as swimming pools, basketball courts, and kid's facilities which require more space. ITE data are from an average facility size of 26,000 SF. ITE data would suggest a peak parking demand of 183 spaces for the proposed 43,016 SF facility when using the equation, compared with 223 spaces when using the average rate, based mostly on smaller sized facilities. The peak parking demand for a 24 Hour Fitness facility occurs weekdays between 6:00 p.m. and 7:00 p.m. H:\PROJECTS\205027702\WP\LTR\090506-Variance Request.doc lu City of Federal Way 24 Hour Fitness Variance Request Project Number 2050277.02 May 6, 2009 Page 2 Based on 24 Hour Fitness needs, evaluation of similar facilities, and ITE parking rates, we recommend parking be provided at a rate of 5.0/KSF. This would be 215 spaces for the 43,016 SF facility. The site currently has a total of 249 parking spaces, based on a field review. Existing uses include a 1,964 SF Taco Bell restaurant and 10,040 SF of retail space on the north side of the building occupied by several tenants. The existing uses and the proposed 24 Hour Fitness facility parking calculations are noted in the attached spreadsheet. The site would require a total of 273 spaces, 24 more than currently provided. The attached site plan identifies how these additional parking spaces could be provided, with most parking located on the east side of the building. If you have any questions or need additional information, please feel free to contact us. Sincerely, Michael Chen Enclosure: Parking Calculation Spreadsheet Institute of Transportation Engineers, Parking Generation, 3`d Edition, Data for Fitness Centers Site Plan c: Dietrich Wieland — Group Mackenzie H:\PROJECTS\205027702\WP\LTR\090506-Variance Request.doc Use Building Area (sf) Parking required required sf spaces/ksf spaces 24 Hour Fitness 43,016 5 215 Retail Space 10040 3.33 33 Taco Bell 1964 L 12.5 25 Total required 1 273 Currently Available 249 number needed 24 Total Number Provided 1 24 David Lee From: Patrick Montgomery [trainchief99@hotmail.com] Sent: Friday, February 13, 2009 10:27 AM To: David Lee Subject: Comment on 24 HR Fitness App David, This comment is to express our support of approval for the zoning variance for 24 Hr Fitness at 21st SW and Campus Dr.SW. We as business owners in the same complex feel that the Club will be a much needed improvement to the surrounding community and fulfill a need not currently met( as the nearest other fitness center is more then 2 miles away). Please notify us of the public comment meeting. Thank you. Patrick and Laurie Montgomery Lighthouse Laundry II 253-297-8632 Patrick Montgomery Windows Live TM: E-mail. Chat. Share. Get more ways to connect. Check it out. David Lee VED From: Jack Lyon backlyon@comcast.net] Sent: Thursday, February 19, 2009 1:11 PM 1 9 2009 To: David Lee Cc: Lyon, Jack Subject: land use variance Dm OF FEDERAL WAY CDS Regarding a variance on the property at 21 Ave SW and SW 336 Street in Federal Way (the old Albertson's store) We support allowing 24 Hour Fitness to occupy this property and are hoping the City will approve this land use variance. It isn't good to have any building remain vacant when there's a viable business willing to lease the property. Empty buildings are an eyesore -- especially when they are "tagged" by gangs. We are also looking for a nearby health club that accepts both men and women -- we may just sign up with them! Gloria & Jack Lyon 3524 SW 325 St Federal Way, WA 98023 253-517-5966 j ac kl y on r{co mcas t. ne t THE CISCO AGENCY FAX NO. : 253 974 6679 Feb. 03 2009 02:34PM P2 City of Federal Way Department of Land Use Federal Way, WA 98003 February 2, 2009 ,RE. Variance Application # 08-106037-00-UP We are writing in support of the approval to the requested variance application #08-106037- 00-UP by 24 hour Fitness Centers. Whereas the traffic impact would be less than the prior occupation of a food center as there would be no semi or delivery truck traffc A business such as 24 Hour Fitness Center would be a welcome and much needed asset to our community, creating employment and generating local financial. benefit to the surrounding businesses. The property involved has been vacant for several years and at current, has created unacceptable conditions which have spawned into increased graft ti, semi -trucks illegally parking and storage. This property has become a breeding ground for other illegal late night activity as well. Acceptance and approval by the City of Federal Way is greatly supported and encouraged by the local business owners listed below. Sincerely, _Tenants of Twin Lake Retail The Cisco Ins. Agency,1,LCIA1lstate leas. Exclusive Agency Tully Is Coffee, Inc. The UPS Store, LLC Lighthouse Laundry Best Campus Cleaners Han San Teriyaki Imperial Palace Restaurant "Hairs the Place" Salon Lighthouse Laundry II 1905 SW Campus Dr. Federal Way, WA 98023 RECEIVED BY 253-874-9603 COMMUNITY DEVELOPMENT DEPARTMENT SEP 2-3 2009 September 12, 2009 Planning Board City of Federal Way 33325 8 h Ave S. Federal Way, WA 98003 To Whom It May Concern: As a small business person and store taxpayer (and a resident who pays FW taxes) I would like to launch a formal complaint against the Planning Board of Federal Way. We have owned Lighthouse Laundry here in Federal Way for 4 years and for 3 years have patiently waited for a new anchor store in the Twin Lakes Retail center to replace the Albertsons Grocery. We were delighted to learn that a 24 Hour Fitness Club was interested in the vacated space. But now we hear that because of a "fear" of a Walmart or other big box store, that the Board would not waive a sq ft limit of 15,000 for health clubs and allow 24 Hour Fitness to develop the entire 40,000 sqf vacated by Albertsons. This action is just insane!. I thought I had heard rumors of Federal Way not being friendly to business. Now I know this rumor has truth to it. What kind common sense does it make to let a building and parking lot go unoccupied because of "worry". The real "worry" is vandalism, waste and plain ugliness as the city continues to ignore its vacant buildings. As a business owner, it angers me to think that a positive and contemporary business like a health club is being "turned down" because of a baseless "fear" of being overrun by "big boxes". This negligence is not good for our businesses or the city, counting the lost revenue. For a claim of wanting a "real city" (i.e. development of a "new city" center), why not first take care of the businesses you already have and support them. Beautify and build on what you have -then move on. I for one am sorely disappointed in your lack of "good will" and commitment toward the businesses and people that are currently working so hard to make it. Sincerely yours, �_�ttLaurie Montgomery Co-owner CITY OF Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South PO Box 9718 Federal Way WA 98063-9718 253-835-7000; Fax 253-835-2609 www. c i t yoffedero lwa y. c om DECLARATION OF DISTRIBUTION I, am Lf- a_.hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWCC Interpretation ❑ Other ❑ Land Use Decision Letter Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed 01 e-mailed and/or ❑ posted to or at each of the attached addresses on Oct I . 2009. Project Name Y r o f- �S File Number(s) Signature Date i b - .)- b 9 KACD Administration ReADeclaration of Dktrlbution.doc/Last printed 1 /5/2009 3:44*00 PM CITY of Federal Wav �0 NOTICE OF PUBLIC HEARING Notice is hereby given that the City of Federal Way Hearing Examiner will hold a public hearing at 2:00 p.m., or shortly thereafter, on October 21, 2009, in Federal Way City Council Chambers (33325 8th Avenue South, PO Box 9718, Federal Way, WA 98063) for the following project, in accordance with the Federal Way Revised Code (FWRC). Project Name: 24 Hour Fitness Variance Request Description: The applicant proposes to convert an existing 43,061 square -foot vacated supermarket into a health club facility. Per FWRC 19.215.020, health club uses are limited to 25,000 square feet within Neighborhood Business (BN) zones. Project Location: 33620 215t Avenue SW, Federal Way, WA 98023 Applicant: Michael Chen, Group Mackenzie, 1515 SE Water Avenue, Suite 100, Portland, OR 97214 Owner: KPR Hospitality Investments LP, 2200 6th Avenue, Suite 520, Seattle, WA 98121 File No: 08-106037-00-UP Application Received: December 23, 2008 Determined Complete: January 22, 2009 Notice of Application: January 24, 2009 Public Hearing Process: Any person may participate in the public hearing by submitting written comments to the Hearing Examiner either by delivering comments to the Department of Community Development Services before the hearing, or by appearing at the hearing and presenting public testimony in person, or through a representative. The Hearing Examiner will issue a recommendation on the Use Process fV application within ten working days after the close of the hearing. Any person has the right to request a copy of the Hearing Examiner's decision. Only persons who submit written or oral comments to the Hearing Examiner may appeal the Hearing Examiner's decision. The application is to be reviewed under all applicable codes, regulations, and policies of the City of Federal Way. The official file for the above project is available for review during business hours at the permit counter at City Hall, 33325 8th Avenue South, PO Box 9718, Federal Way, WA 98063. The staff report to the Hearing Examiner will be available for review one week before the hearing. Questions regarding this project should be directed to David Lee, Associate Planner, at 253-835-2622. Published in the Federal Way Mirror on October 3, 2009. Tamara Fix From: Teryl Heller [theller@fedwaymirror.com] Sent: Thursday, October 01, 2009 9:47 AM To: Tamara Fix Subject: Re: Legal Notice #2 - 24 Hour Fitness Attachments: 26899850081.doc; ATT00001.htm Thanks, Tamara. Will publish this also on Saturday, 10/3. Teryl On Oct 1, 2009, at 9:23 AM, Tamara Fix wrote: Please publish the following legal notice (24 Hour Fitness Hearing, 08-106037) in Saturday's (Oct. 3, 2009) issue. Please confirm and issue an affidavit of publication. antara ClIty "I expect to pass thr'OUgh this world bUt once. Any goad that I can do, or any kindness I can show, let me do it now., NOTICE OF PUBLIC HEARING Notice is hereby given that the City of Federal Way Hearing Examiner will hold a public hearing at 2:00 p.m., or shortly thereafter, on October 21, 2009, in Federal Way City Council Chambers (33325 8th Avenue South, PO Box 9718, Federal Way, WA 98063) for the following project, in accordance with the Federal Way Revised Code (FWRC). Project Name: 24 Hour Fitness Variance Request Description: The applicant proposes to convert an existing 43,061 square -foot vacated supermarket into a health club facility. Per FWRC 19.215.020, health club uses are limited to 25,000 square feet within Neighborhood Business (BN) zones. Project Location: 33620 21" Avenue SW, Federal Way, WA 98023 Applicant: Michael Chen, Group Mackenzie, 1515 SE Water Avenue, Suite 100, Portland, OR 97214 Owner: KPR Hospitality Investments LP, 2200 6th Avenue, Suite 520, Seattle, WA 98121 File No: 08-106037-00-UP Application Received: December 23, 2008 Determined Complete: January 22, 2009 Notice of Application: January 24, 2009 Public Hearing Process: Any person may participate in the public hearing by submitting written comments to the Hearing Examiner either by delivering comments to the Department of Community Development Services before the hearing, or by appearing at the hearing and presenting public testimony in person, or through a representative. The Hearing Examiner will issue a recommendation on the Use Process IV application within ten working days after the close of the hearing. Any person has the right to request a copy of the Hearing Examiner's decision. Only persons who submit written or oral comments to the Hearing Examiner may appeal the Hearing Examiner's decision. the application is to be reviewed under all applicable codes, regulations, and policies of the City of Federal Way. The official file for the above project is available for review during business hours at the permit counter at City Hall, 33325 81h Avenue South, PO Box 9718, Federal Way, WA 98063. The staff report to the Hearing Examiner will be available for review one week before the hearing. Questions regarding this project should be directed to David Lee, Associate Planner, at 253-835-2622. Published in the Federal Way Mirror on October 3, 2009. 40k CITY Federal o. Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South PO Box 9718 Federal Way WA 98063-9718 253-835-7000; Fax 253-835-2609 www.ciivoffederalway.com DECLARATION OF DISTRIBUTION hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWCC Interpretation ❑ Other ❑ Land Use Decision Letter XV Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was ff mailed ❑ faxed ❑ e-mailed and/or ❑ posted to or at each of the attached addresses on C+ p 2009. Project Name ,�`� 4pc,r "SASS V Anlc� _ File Number(s) Signature a Date K:\CD Administration Files\Declaration of Distribution.doc/Last printed 1 /5/2009 3:44:00 PM Federal x Y NOTICE OF PUBLIC HEARING Notice is hereby given that the City of Federal Way Hearing Examiner will hold a public hearing at 2:00 p.m., or shortly thereafter, on October 21, 2009, in Federal Way City Council Chambers (33325 8m Avenue South, PO Box 9718, Federal Way, WA 98063) for the following project, in accordance with the Federal Way Revised Code (FWRC). Project Name: 24 Hour Fitness Variance Request Description: The applicant proposes to convert an existing 43,061 square -foot vacated supermarket into a health club facility. Per FWRC 19.215.020, health club uses are limited to 25,000 square feet within Neighborhood Business (BN) zones. Project Location: 33620 21st Avenue SW, Federal Way, WA 98023 Applicant: Michael Chen, Group Mackenzie, 1515 SE Water Avenue, Suite 100, Portland, OR 97214 Owner: KPR Hospitality Investments LP, 2200 6`h Avenue, Suite 520, Seattle, WA 98121 File No: 08-106037-00-UP Application Received: December 23, 2008 Determined Complete: January 22, 2009 Notice of Application: January 24, 2009 Public Hearing Process: Any person may participate in the public hearing by submitting written comments to the Hearing Examiner either by delivering comments to the Department of Community Development Services before the hearing, or by appearing at the hearing and presenting public testimony in person, or through a representative. The Hearing Examiner will issue a recommendation on the Use Process IV application within ten working days after the close of the hearing. Any person has the right to request a copy of the Hearing Examiner's decision. Only persons who submit written or oral comments to the Hearing Examiner may appeal the Hearing Examiner's decision. The application is to be reviewed under all applicable codes, regulations, and policies of the City of Federal Way. The official file for the above project is available for review during business hours at the permit counter at City Hall, 33325 8' Avenue South, PO Box 9718, Federal Way, WA 98063. The staff report to the Hearing Examiner will be available for review one week before the hearing. Questions regarding this project should be directed to David Lee, Associate Planner, at 253-835-2622. Published in the Federal Way Mirror on October 3, 2009. 3 n O Q W M <D 3 (D Q. 1 � C)cn �o x Cg a aA 'ICJ r CD O O CA' O' C7 O k X m d d > o 0 tT7 N It o --j G 'IV o - .d O N .-. 'MOo Ili' O �: "C O O O o o cn �9'X X X X n.X co CM z T: . W , z cn -n A m Cb v cn 0> HCJ 0 r A O � C" dr� ZZ�1CD C7 : C� y r O D o �' m> y C N m A A :5-- Oo A` O O O° �p �, � .7 w, ,11* H W D N X r O O uj N 0 p � 07 H o < A X D Y m W C�iSi O Q Ca O W cn O Cn - �„ Z x XO cn cn O: C/) m L z H • v o �' O Qi r !� cam. °, CL CD N oco CD 0 izCL Z O W O N o fli CL (DD M 0 O 7 O. C cc 3 �i m CL N Cl)cD V) ° Mco 0�1rma>; = o � C) hcn .A O [m1] > r z a o D A � oa N ����; �, 00 �; � In W O �. 11/12/2008 City of 344' Parcel C3258thAveS. of Federal ay 33325 Blh Ave S. P.O. Box 9718 Federal Way Notification area Federal Waywa.9 8063 (206) - 635 - 7000 www. cityofrederalway.cay.c om �� wow. ot04s�- p1e4s�•aDsn ma4sa` osaSf3iC0 � ra oioui�fen • -- D�0 000 �aswsr- u1o4sY- osDYEra¢io - o100�S; � Y0130 .Q7^-015oi 0 890170a 694S00."D0m0 R1Gi0 0104si p 1n 0104111 130 Olw p0170 p60 �i'QI00: Os p10457-910as7-. 001W 0170 0060 ,894500045W 0y0.032 �ip2�09f�&.4209Q0 011 - 0080 0120 D240 0250 g _ or90 OM 832080 JL' =ew- 11 9smao-A✓f,0, - g3zDgG 7a: _0240 .'07a0' 0e8D - r'0 .SW 3= $7 937:�0-.•�iC j1 ig207�•. rrcalwax -3001310- 0BE0 r 932090- 902000- p' Sy20g(p:1.:•. Le3�090:y' TRCT s��932090- $320 133�� . p80p. 1250-0 9320110 90NB0.TROT q's32a90. pp� �>�3�j 9sz09o-'� 93zd9p . 050 9]2e9Q 117Q . t9028} ",A 12� 932DM- 1310 3- _ 0-• 1380, N. � 1180 1790 93209P• i 1 9103 - - _ _ SW 334TH S7 � .932b90-. 9Y209 `� -gj2U90. 070 ;ow •$SZii94'.-- ---'¢ -93 .OiL50^-..li�� K _43209fF � � : AT2091�20� � .0' 992096" 9-' 93209M1� � � I Xi 9$3�2,059�0.�' 932090- .. 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T PL ti 330630. 0210 am 242103-9053 Ot]e r a120 75W0G0Ce0 Legend MY av King County Tax Parcels Scale: , Federal Way 0 100 200 Feet Subject Property N This map isrowan ded for use as a gupnrul ropresenlatlon only The City of Fedor at Way makes no warmnly as to Ds 4LW10y Notified Properties Easy PeelO Labels Use Averya Template 51600 i aged Paper J l Bend along line to expose Pop -Up Edger" J Q AVERYO s16o® 1 Patrick and Laurie Montgomery 33759 32"d Avenue SW Federal Way, WA 98023 Kay Carlson TRF Pacific, LLC 2620 2nd Avenue Seattle, WA 98121 Gloria and Jack Lyon 3524 SW 325`h Street Federal Way, WA 98023 Twin Lake Retail c/o Cisco Insurance Agency Attn: Sandra Cisco 1903 SW Campus Drive Federal Way, WA 98023 r Etiquettes faciles a peter A Repliez a la hachure afin de ; www.avefy.com Sensde Utilisez le gabarit AVERYO 51600 cha Bement reveler le rebord Pop-UpTm 1-800-GO-AVERY 1 CITY OF Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South PO Box 9718 Federal Way WA 98063-9718 253-835-7000; Fax 253-835-2609 www.cit offederalwa .com DECLARATION OF DISTRIBUTION I ��„,,�_ hereby declare, under penalty of perjury of the laws of the State of Washington, that a: Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWCC Interpretation ❑ Other was T�"mailed ❑ faxed .�'2_, 2009. Project Name ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document ❑ e-mailed and/or ❑ posted to or at each of the attached addresses on File Number(s) 0 S -1 6 6 Signature7� _ _ Date. K:\CD Administration Files\Declaration of Distribution.doc/Last printed 1 /5/2009 3:44:00 PM CITY OF Federal Way NOTICE OF LAND USE APPLICATION Project Name: 24 Hour Fitness Variance Request Project Description. Allow for a 24 Hour Fitness Center to occupy an existing building formerly occupied by a supermarket. The variance is required due to the size restriction (25,000 square feet) of health clubs within the BN (Neighborhood Business) zone as prescribed by FWCC Section 22-722. Applicant* 24 Hour Fitness, 5100 Beltline Road, Suite 510, Dallas, TX 75254 Agent, Group Mackenzie, 1515 SE Water Avenue, Suite 100, Portland, OR 97214 Owner: SuperValu, Inc., 250 East Park Center Blvd., Boise, ID 97214 Project Location: 33620 2 1 " Avenue SW, Federal Way, WA Date Application Received: December 23, 2008 Date Determined Complete: January 22, 2009 Date of Notice of Application: January 24, 2009 Comment Deadline. 5 p.m., February 9, 2009 Permits Required: Land Use Process IV (08-106037-00-UP) Other Permits Known at this Time and not Included in this Application: None Relevant Environmental Documents: N/A Relevant Environmental Documents are Available at the Address Below: _ Yes X No Development Regulations to be used for Project Mitigation, Known at this Time: Federal Way City Code (FWCC) Any person may submit written comments on the environmental impacts of the proposal to the Director of Community Development Services by 5:00 p.m. on February 9, 2009. Details of appeal procedures for the requested environmental decision will be included with the written decision. Consistency with Applicable City Plans and Regulations: The project will be reviewed for consistency with all applicable codes and regulations, including the FWCC environmental and zoning codes; surface and stormwater management codes; King County Road Standards; and King County Surface Water Design Manual. City Contact: Associate Planner David Lee, 253-835-2622 The official file is available for public review at the City of Federal Way, Department of Community Development Services, 33325 8t' Avenue South, PO Box 9718, Federal Way, WA 98063-9718. Published in the Federal Way Mirror on January 24, 2009. Doc- ID. 48565 >� a- ]��k °E5- 2�\ . 2Ea_ )�k � °k �/ \ G / \ t/2 -� &SR= 4)i La \ c \\o o no / 2aLZ §%{a 02 /)CL/ xe]/ � � � � rlr (1) w N O � N � M LL L � 0 Z: lqt CN i 1yy � rn Ul w ry o co a rn cn w nr V' = Oa W N N N N N •� - t,.fA�4�,- 41- w w w w w w p Q o w w p N C7 N_ d o N N o 0 0 0 0 O G Q O r 0 O C7 (D Q C7 k.0 10110 NO. O `¢ ° `a Q a CIO N. a- 7 - O a o o v., N 00 L.7 v7 40 *k a -7y > Cn - r to a cn ::E' - r., CAr 7d 7y O m oma x aa .> r� r 1 � xU, rML QUO �a a �_ a E as a -t tea D s� O n y r C O p QCr Ap C7O ,3 a z d CD y �n z Mn z �z R,CL X X ITI s, O o Z z m o y CD N• m Q 3 -o -C � -- 'b N -� -n � b ._ •� -- N �o �-C �� - D 3. 0 0 0,o o g o N o;o cuww tdN�, r_dotz� o� z o 3CQ 0 0 O O O �' { O O 3 d x n x g m oD.. 00 r.L d C7 x T M I a x rn O v' m -roa crn m �r z *� W 4 z d N -P. 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V` -: a72880.,g : gam•' .93&� 992090. TRCT 1 132103- 9023 11/12/2008 City of Federal Way 33325 Bth Ave S. P.O. Box 9718 Federal Way Wa, 98063 (206) - 835 - 7000 www.cityoffederalway.com 0457- 9DW Ol WST4t-06--:0,6E5lOI5T• p1'� O1p49T-~ 6,Of5r-0G1R -6 o164sr.. 6,wsT• 6l30 610457- as6{s7p�0: 61ws7. 0070 AoO� :0„0'O1p{i7- 0110 01045r=0ST0• g190 Ot0{s7" 0104d'f%. - - - - - - DtaD me6 0240 0250 132103- 9028 132103- 9103 '92W2 Station 61. 132103- ��1312101 '91100. Twin ■ W�aa�as a 110. 90 90z '4 V 909Village '8 m96 9110 C4 87'$21.7873217- { 870217-•' 0010 Cedardale 873217- 0040 62i 147225- 0020 0000 873217- - Oo30 I Cedar Gardens Apls. - 132103- 9016 i I I 132103- 9109 Cascade Ridge ! Apartments 212101Post ; Ic a e 2421 D3• 9 t„ t]p07 2421a3• a,03 242103 - 9116 Ilmoo. mm 242103- . 9002 330020• 3313620 330620• 330626%. 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TRL 75D36p.7gp18 0130750. 0120 7SD3640020 78Q780 2{210}9053 �l ta$1 CITY (IF Scale: Federal Way 0 100 200 Feet nfcal representation only ' 1 I This map is inlarlded [pr use as a grnp y The City of federal VW makes no warranty 05 to its accuracy. HR FITNESS VARIANCE REQUEST A Federal Way COMMENTS Proc`t�98-lOLiii737 QO uP 336202ISTAVEraW. yez::•+, The infc(r(WKn rt�t3urted on '�`u m Cwn1y muY.v3 no ruili6rrn pr,,. . TTaS.Ct,Wtel9rll fs nvl. wndl d t-12 - c,m xWa m n d ny, but rat 11mllacito, kxi r sveT ub6 qr fas •i re liaTfi[{ ran �� unu �x n isei d:o a 'iAr:*if+ibd'a� titii3'rt�p:i.4 sate 04 rr--up of 7:.,a`na$l of ui M mop id peuh:�tat1 e(cup= by mil:en pvfm9sl;.. of Y,�;; amew-'ir, . w. r7ng Cwntr f+F'- {:Kty lri�r�:,-Iwn [:.•IG `.�r x.m.::'okc-rcv;�:'fi.[�-'! . FILE ` CITY OF � Federal January 22, 2009 Thatch Moyle Group MacKenzie 601 Main Street, Suite 101 Vancouver, WA 98660 CITY HALL 33325 8th Avenue South y Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www. cityoffederalway. com RE: File #08-106037-00-UP; 24 HOUR FITNESS VARIANCE REQUEST 33620 21" Avenue SW, Federal Way Dear Mr. Moyle: On December 23, 2008, the City of Federal Way's Department of Community Development Services received your Use Process IV Variance Request application to allow for a 24 Hour Fitness Center to occupy an existing building formerly occupied by a supermarket. The proposal is located at 33620 21" Avenue SW. The variance is required due to the size restriction (25,000 square feet) of health clubs within the BN (Neighborhood Business) zone as prescribed by FWCC Section 22-722. Pursuant to the development application submittal requirements established in Federal Way City Code (FWCC) Section 22-434, the City has 28 days to determine whether your application is complete. COMPLETE APPLICATION Pursuant to the FWCC, your application is deemed complete as of January 22, 2009, based on the submittal requirements for Process IV Project approval. A 120-day time -line for reviewing the project has started as of this date. The City has 120 days from the date that an application is deemed complete to take action on the application. As you are aware, the 120-day time -line may be stopped if the City determines that additional information is needed to meet the requirements of the FWCC. A formal Notice of Application will be printed in the January 24, 2009, edition of the Federal Way Mirror, and the site will be posted with notice of application. Additionally, all property owners within a 300-foot radius will also be notified of the application. PRELIMINARY TECHNICAL REVIEW A preliminary technical review has been completed by staff. Please address the following issues. Planning, David Lee (253-835-2622, david.lee@cityoffederalway.com) The previous use of the building in question was a supermarket, which required a parking ratio of 1 parking space per 300 square feet of gross floor area (per FWCC Section 22-721). However, per FWCC Section 22-722, health club uses require a parking study. Please submit a parking study showing that the proposed use has sufficient parking. Mr. Moyle January 22, 2009 Page 2 Pursuant to FWCC Section 22-34, if an applicant fails to provide additional information to the City within 180 days of being notified that such information is requested, the application shall be deemed null and void and the City shall have no duty to process, review, or issue any decisions with respect to such an application. Please resubmit the requested information with the resubmittal form enclosed with this letter. If you should have any questions regarding this letter or your development project, please feel free to contact me at 253-835-2622. Sincerely, David Lee Associate Planner enc: Resubmittal Form 08-106037 Doc. I D. 48563 FILE CITY Of '+`^"--��^"r Federal 1!'Ilay NOTICE OF LAND USE APPLICATION Project Name: 24 Hour Fitness Variance Request Project Description: Allow for a 24 Hour Fitness Center to occupy an existing building formerly occupied by a supermarket. The variance is required due to the size restriction (25,000 square feet) of health clubs within the BN (Neighborhood Business) zone as prescribed by FWCC Section 22-722. Applicant: 24 Hour Fitness, 5100 Beltline Road, Suite 510, Dallas, TX 75254 Agent: Group Mackenzie, 1515 SE Water Avenue, Suite 100, Portland, OR 97214 Owner: SuperValu, Inc., 250 East Park Center Blvd., Boise, ID 97214 Project Location: 33620 21" Avenue SW, Federal Way, WA Date Application Received • December 23, 2008 Date Determined Complete: January 22, 2009 Date of Notice of Application: January 24, 2009 Comment Deadline: 5 p.m., February 9, 2009 Permits Required: Land Use Process 1V (08-106037-00-UP) Other Permits Known at this Time and not Included in this Application: None Relevant Environmental Documents: N/A Relevant Environmental Documents are Available at the Address Below: _ Yes X No Development Regulations to be used for Project Mitigation, Known at this Time: Federal Way City Code (FWCC) Any person may submit written comments on the environmental impacts of the proposal to the Director of Community Development Services by 5:00 p.m. on February 9, 2009. Details of appeal procedures for the requested environmental decision will be included with the written decision. Consistency with Applicable City Plans and Regulations: The project will be reviewed for consistency with all applicable codes and regulations, including the FWCC environmental and zoning codes; surface and stormwater management codes; King County Road Standards; and King County Surface Water Design Manual. City Contact: Associate Planner David Lee, 253-835-2622 The official file is available for public review at the City of Federal Way, Department of Community Development Services, 33325 8 h Avenue South, PO Box 9718, Federal Way, WA 98063-9718. Published in the Federal Way Mirror on January 24, 2009. Doc. LD. 48565 � � � � rlr (1) w � � � _m `L � � U) U) � � LL L � 0 M: qt N � � m » � Cl) V- N O N (D M M Q- m � 8/2f RS»/§ § \ / g � ))XO m&�RI #kJ k/f \f »k\( Ob »dfkk LL °� fig, §� \tG; /\ �k =_ak / = � CITY OF �='� Federal Way DEPARTMENT OF COINIMUN[TY DEVELOPINIENT SERVICES 33325 8th Avenue South PO Box 9718 Federal Way WA 98063-9718 253-835-7000; Fax 253-835-2609 www.cityoffederolway.com DECLARATION OF DISTRIBUTION I, X hereby declare, under penalty of perjury of the laws of the State of Washington, that a: P Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWCC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed �rc-mailed and/or ❑ posted to or at each of the attached addresses on J J , 2009. Project Name '� -� n 5 File Number(s) 0 _ Signature Date K:\CD Administration Fles\Declaration of Distnbution.doc/Last printed 1 /5/2009 3:44-00 PM 41 CITY OF i r Federal Way NOTICE OF LAND USE APPLICATION Project Name: 24 Hour Fitness Variance Request Project Description: Allow for a 24 Hour Fitness Center to occupy an existing building formerly occupied by a supermarket. The variance is required due to the size restriction (25,000 square feet) of health clubs within the BN (Neighborhood Business) zone as prescribed by FWCC Section 22-722. Applicant: 24 Hour Fitness, 5100 Beltline Road, Suite 510, Dallas, TX 75254 Agent: Group Mackenzie, 1515 SE Water Avenue, Suite 100, Portland, OR 97214 Owner: SuperValu, Inc., 250 East Park Center Blvd., Boise, lD 97214 Project Location: 33620 2 1 " Avenue SW, Federal Way, WA Date Application Received: December 23, 2008 Date Determined Complete: January 22, 2009 Date of Notice of Application: January 24, 2009 Comment Deadline: 5 p.m., February 9, 2009 Permits Required: Land Use Process IV (08-106037-00-UP) Other Permits Known at this Time and not Included in this Application: None Relevant Environmental Documents: N/A Relevant Environmental Documents are Available at the Address Below: _ Yes X No Development Regulations to be used for Project Mitigation, Known at this Time: Federal Way City Code (FWCC) Any person may submit written comments on the environmental impacts of the proposal to the Director of Community Development Services by 5:00 p.m. on February 9, 2009. Details of appeal procedures for the requested environmental decision will be included with the written decision. Consistency with Applicable City Plans and Regulations: The project will be reviewed for consistency with all applicable codes and regulations, including the FWCC environmental and zoning codes; surface and stormwater management codes; King County Road Standards; and King County Surface Water Design Manual. City Contact: Associate Planner David Lee, 253-835-2622 The official file is available for public review at the City of Federal Way, Department of Community Development Services, 33325 8 h Avenue South, PO Box 9718, Federal Way, WA 98063-9718. Published in the Federal Way Mirror on January 24, 2009. Doc I D 48565 � BJO/f a 5 jam( 0 t]77% tit a � � \ / "o k\ka) § ƒ o ;§G \\\( . o 7 ) w % � \ 2 °0 �� ¥28; =X or 0 ƒ%}� � � � � cr � � � � � �L � � � U) � � � L � 0 X q9t CN � � � m » Q cn � N O N � M M ME— Tamara Fix From: Teryl Heller [theller@fedwaymirror.com] Sent: Thursday, January 22, 2009 9:38 AM To: Tamara Fix Subject: Re: Legal Notice - 24 Hour Fitness Attachments: 4545420064.doc; ATT00001.htm Thanks, Tamara. Will publish in Saturday's paper. Have a good weekend!! Teryl Heller Federal Way Mirror 1414 South 324th Street, Suite B210 Federal Way, WA 98003 (phone) 253-925-5565 (fax) 253-925-5750 On Jan 22, 2009, at 9:34 AM, Tamara Fix wrote: Please publish the following legal notice (24 Hour Fitness NOA, 08-106037) in Saturday's (Jan. 24, 2009) issue. Please confirm and furnish an affidavit of publication. Thanks! Tamara Fix Admin `' st. City of FederaC Way tamara.fixC)cityQ federarway.com 41k CITY 40'::�� OF Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South PO Box 9718 Federal Way WA 98063-9718 253-835-7000; Fax 253-835-2609 www.ci lvoffederafway.cam DECLARATION OF DISTRIBUTION 1, hereby declare, under penalty of perjury of the laws of the State of Wa hington, that a: Notice of Land Use Application/Action 19 ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Anticipated DNS/MDNS ❑ FWCC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the. Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed ❑ e-mailed and/or posted to or at each of the attached addresses on -ray) 2009. Project Name F1 t.e-5 1 ah C File Number(s) — I NOCY57 ---0() - CA Signature 1MAP7-7��J— Date K:\Intern\Declar(3tion of Distribution with Posting Sites.doc/Last printed 1 /26/2009 8:05:40 AM Posting Sites: Federal Way City Hall - 33325 8th Avenue Federal Way Regional Library - 34200 1 It Way South Federal Way 320th Branch Library - 848 South 320th Street K:\Iniern\Declaration of Distribution with Posting Sites.doc/Last printed 1 /26/2009 8:05:40 AM 41k CITY OF `�� Federal Way NOTICE OF LAND USE APPLICATION Project Name: 24 Hour Fitness Variance Request Project Description: Allow for a 24 Hour Fitness Center to occupy an existing building formerly occupied by a supermarket. The variance is required due to the size restriction (25,000 square feet) of health clubs within the BN (Neighborhood Business) zone as prescribed by FWCC Section 22-722. Applicant: 24 Hour Fitness, 5100 Beltline Road, Suite 510, Dallas, TX 75254 Agent: Group Mackenzie, 1515 SE Water Avenue, Suite 100, Portland, OR 97214 Owner: SuperValu, Inc., 250 East Park Center Blvd., Boise, ID 97214 Project Location: 33620 2 1 " Avenue SW, Federal Way, WA Date Application Received: December 23, 2008 Date Determined Complete: January 22, 2009 Date of Notice of Application: January 24, 2009 Comment Deadline: 5 p.m., February 9, 2009 Permits Required: Land Use Process IV (08-106037-00-UP) Other Permits Known at this Time and not Included in this Application: None Relevant Environmental Documents: N/A Relevant Environmental Documents are Available at the Address Below: _ Yes X No Development Regulations to be used for Project Mitigation, Known at this Time: Federal Way City Code (FWCC) Any person may submit written comments on the environmental impacts of the proposal to the Director of Community Development Services by 5:00 p.m. on February 9, 2009. Details of appeal procedures for the requested environmental decision will be included with the written decision. Consistency with Applicable City Plans and Regulations: The project will be reviewed for consistency with all applicable codes and regulations, including the FWCC environmental and zoning codes; surface and stormwater management codes; King County Road Standards; and King County Surface Water Design Manual. City Contact: Associate Planner David Lee, 253-835-2622 The official file is available for public review at the City of Federal Way, Department of Community Development Services, 33325 8 h Avenue South, PO Box 9718, Federal Way, WA 98063-9718. Published in the Federal Way Mirror on January 24, 2009. Doc, I D. 48565 1 GtTY OF FEDERAL WAY NOTICE OF LAND USE APPLICATION Project Name: .24 Hour Fitness Variance Re. quest Project Description: Allow for a 24-1-our Fitness Center to occupy an existing building formerly occupied by a supermarket. -The variance is rem quired due to the size restriction (25,000 square feet) of health clubs within the BN (Neighbor- hood Business) zone as prescribed by FWCC Section 22-722. Applicalrtt; 24 Hour Fitness. 5100 Beltline Road, Suite 510, Dallas, TX 76254 Agent: Gmup Mackenzie, 1515 SE'Water Av- enue, Suite 100, Portland, OR 97214 Owner: SuperValu, Inc., 250 East Park Center Blvd., Boise, ID 97214 Project location; 33620 21st Avenue SW, Fed- eral Way, WA Date Application Received: December 23, 2008 Date Determined Complete: January 22, 2009 Date of Notice of Application: January 24, 2009 Comment Deadline: 5 p,m., February 9, 2009 Permits Required: Land Use -Process IV (08- 106037-00-UP) Other Permits Known at this Time and not In- cluded In this Application: None - Relevant Environmental Documents: NIA Relevant Environmental Documents arO Avail- able at the Address Below: Yes _X_ No Development Regulations to be used for Project Mitigation, Known at this Time: Federal Way City Cade (FWCC) Any person may submit written' comments on the environmental impacts of the proposal to time Di- rector of Community Development Services by 5:00 p.m. on February 9, 2009, Details of appeal procedures for the requested gn0ronmental de- cision will be included with the written decision. Consistency with Applicable City Plans and Reg- ulalions: The project will be reviewed for consis- tency with all applicable codes and regulations, including the FWCC environmental and zoning codes: surface and stormwater management codes; King County Road Standards; and King County Surface Water Design Manual. City Contact: Associate Planner David Lee, 253- 835-2622 The official file is available for public'review at the City of Federal Way, Department of Commu- nity Development Services, 33325 8th Avenue South, PO Sox 9718, Federal Way, WA 98063- 9718, FWM 1495 D3 le of Publication: January 24, 2009 FEDERAL WAY - OA-A.-I IRROR. A SOUND PUBLISHING NEWSPAPER Affidavit of Publication Rudi Alcott, being first duly sworn on oath, deposes and says that he is the Publisher of The Federal Way Mirror, a semi -weekly newspaper. That said newspaper is published in the English language continually as a semi -weekly newspaper in Federal Way, King County, Washington, and is now and during all of said time has been printed in an office maintained by the aforementioned place of publication of said newspaper. That the annexed is a true copy of a legal advertisement placed by City of Federal Way — Community Development Department FWM 1495 as it was published in regular issues (and not in supplemental form) of said newspaper once each week for a period of one consecutive week(s), commencing on the 24`h day of January, 2009, and ending on the 24`h day of January, 2009, both dates inclusive, and that such newspaper was regularly distributed to its readers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $122.57, which amount has been paid in full, or billed at the legal rate according to RCW 65.16.090. Subscribed to and sworn before me this 27`h day of January, 2009. Notary Public in and for the State of Washington, - Residing at Federal Way NOTARY PUBLIC STATE OF WASHINGTO1 TERYL A. HELLER My Appointment Expires Sept. 04, 2012 1414 S. 3241h STREET, SUITE B210, FEDERAL WAY, WA 98003 ■ 253-925-5565 ■ f A X: 253-925-5750 CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: December 30, 2008 TO: Will Appleton, Development Services Manager Scott Sproul, Assistant Building Official Brian Asbury, Lakehaven Utility District Chris Ingham, South King County Fire & Rescue FROM: David Lee FOR DRC MTG. ON: Internal Completeness: January 15, 2009 FILE NUMBER(s): 08-106037-00-UP RELATED FILE NOS.: None PROJECT NAME: 24 HOUR FITNESS VARIANCE REQUEST PROJECT ADDRESS: 33620 21ST AVE SW ZONING DISTRICT: BN PROJECT DESCRIPTION: Request to allow fitness center in BN zoned existing building. LAND USE'PERMITS: SEPA PROJECT CONTACT: GROUP MACKENZIE CHRISTINE MCKELVEY 1515 WATER AVE Suite 100 (503) 224-5660 (Work) MATERIALS SUBMITTED: Submittal Binders. NOTE: Please see table of contents within the submitted binder for completeness materials. FEDERAL WAY, WA PARKING OT IMPROVEMENTS ,1 o N SW CAMPUS DRIVE LIFT STAT ON — 4 SAN FORCE MAIN C2.0 SITE PLAN 40 0 20 40 SCALE: 1 "=40' 80 ( IN FEET ) 1 inch = 40 ft. .m FM E AL WAY SW 320TH ST N i t� S 336TH z SW 340TH ST g m N S 348TH D NE 29TH ST S 356 181 SW 356TH ST Tq� O,Q VICINITY MAP 24 HOUR FITNESS ATTN: DAVID SELF, DIRECTOR OF CONSTRUCTION 5100 BELTLINE RD, SUITE 510 DALLAS, TX 75254 PHONE: (972) 980-3701 E—MAIL: dself@24hourfit.com AGENT GROUP MACKENZIE ATTN: MICHAEL CHEN, PLANNER LOGAN BUILDING 00 UNION ST, SUITE 100 SEATTLE, WA 98101 PHONE: (206) 749-9993 FAX: tL206) 749-5565 E—MAI : mchen0grpmack.com OWNER SUPERVALU, INC. ATTN: ERIC HOLZER, REAL ESTATE MANAGER 250 E. PARK CENTER BLVD BOISE, ID 97214 PH: (208) 395-3617 E—MAIL: eric.holzer@supervalu.com SITE DATA SITE ADDRESS: Z33620 21ST AVE SW I~EDERAL WAY, WA 98023 SITE AREA LOT 1 IS 3.75 AC (163,489 SF) SITE CLASSIFICATION CONSTRUCTION TYPE: III—N OCCUPANCY CLASSIFICATION: B-2 LEGEND (EXISTING) -- PROPERTY LINE CENTER LINE — — — — — — — 12" DEDICATED EASEMENT TO KING COUNTY PROPOSED EXTRUDED CURB — PROPOSED PARKING STRIPE _. m..mx.. EXISTING CONCRETE CURB FENCE EXISTING SANITARY LINE x--xx-rx EXISTING STORM LINE EXISTING DOMESTIC WATER LINE EXISTING FIRE WATER LINE -= EXISTING ROCKERY WALL EXISTING CONCRETE SIDEWALK EXISTING ADA LOADING AREA EXISTING ADA SPACE MARKING EXISTING SANITARY SEWER MANHOLE EXISTING FIRE HYDRANT EXISTING LIGHT POLE == EXISTING CATCH BASIN EXISTING WATER VAULT EXISTING WATER METER USE BUILDING PARKING REQUIRED AREA (SF) REQUIRED SPACES (SPACES/KSF) 24 HOUR FITNESS 43,016 5.00 215 RETAIL SPACE 10,040 3.33 33 TACO BELL 1,964 12.50 25 TOTAL REQUIRED 273 CURRENTLY AVAILABLE 249 NUMBER NEEDED 24 TOTAL PROPSED NEW SPACES 24 TOTAL AFTER PROJECT COMPLETION 273 u v - � - J .i` Can 'J `i ^1 Client 24 HOUR RTNESS 12647 ALCMA BLVD sum SAN CA Project 24 HOUR FITNESS FEDERAL WAY, WA ACTIVE - LAND © GROUP MACKENZIE 2008 ALL RIGHTS RESERVED THESE DRAWINGS ARE THE PROPERTY OF GROUP MACKENZIE AND ARE NOT TO BE USED OR REPRODUCED IN ANY MANNER, WITHOUT PRIOR WRITTEN PERMISSION REVISIONS: z REVISIONS REVISION DELTA S� THIS CLOSING DATE w o SHEET SHEET TITLE: SITE PLAN DRAWN BY: MJS CHECKED BY: DGL SHEET: JOB N0. 2050277.01