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22-102749-Criteria for Grant Response-06-28-20221 of 2 Plant 2 Relocation - 22-102749-UP 19.45.030 Criteria for grant. 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. The Federal Way Revised Code Chapter 19.240.040 permits the use of gravel batch plants within the Commercial Enterprise (CE) zoning designation. The unique nature of a gravel batch plant facility typically includes some equipment elements that may exceed the 40 ft. maximum height allowed for this use. The variance request is to allow for the increased height necessary to accommodate the equipment needed to operate the use conducted at the facility. See attached elevation examples. The following CE zone uses allow for modification requests to increase heights in excess of 40 ft. therefore this request does not constitute a grant of special privilege relating to other properties in the vicinity. • 19.240.135 Public transportation facilities – Note 1. 1. If approved by the director, the height of a structure may exceed 50 ft. above average building elevation (AABE), if the increased height is necessary to accommodate the structural, equipment, or operational needs of the use. • 19.240.140 Personal wireless service facilities – Note 3. Maximum allowed height for a new freestanding PWSF shall be the minimum necessary to provide the service up to 100 ft., plus any height granted under FWRC 19.110.060. A PWSF shall be allowed up to 120 ft. if there are two or more providers; except that a lattice tower of between 120 ft. to 150 ft. will be allowed under a combined application of four or more providers. (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. The variance is necessary as the proposed gravel batch plant use right allowed in the CE zone requires some equipment elements to exceed the 40 ft. maximum height. Other uses allowed within the CE zone and vicinity provide for height modifications needed for operational needs. See examples above. Special circumstances associated with the location and surroundings of this site have been created as a result of the proposed Sound Transit Tacoma Dome Link Extension (TDLE), which is proposing to eliminate the existing Corliss Plant 2 facility to make room for an elevated train line, station and potentially a multi-story parking structure that exceeds the current maximum height limit . See attached TDLE Draft site plans. 2 of 2 Concrete providers attempt to locate their facilities so as to provide reasonable delivery service “coverage” for all metropolitan areas, much as a water or sewer provider does, in an effort to ensure the quality of the product can be maintained within that delivery area. Relocating the existing plant that Sound Transit is proposing to eliminate in close proximity is necessary to ensure that the service area currently being covered by this facility can continue to be served with a high-quality product at a reasonable price. (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. The existing gravel batch plant is adjacent to the proposed relocation site. The site is surrounded by commercial properties and Pacific Hwy S, there are no residential properties in the vicinity. Granting the variance will allow the facility to relocate and stay in the vicinity that it has been in since 1958. The site is connected to public sanitary sewer and water and proposes to improve on-site storm drainage and frontage improvements in S 351st St along with on-site landscaping. The tallest part of the existing concrete batch plant, that is located within the same CE zone is approximately 63 ft. New equipment proposed at the facility utilizing the latest Best Management Practices requires the tallest component to be approximately 70 ft. Granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity. (4) That the special circumstances of the subject property are not the result of the actions of the owner of the subject property. A gravel batch plant is a permitted use right for the property. Modern technology requires certain equipment components to exceed the maximum height requirement that is currently codified in the FWRC 19.240.040 Hazardous waste treatment and storage – Chemical manufacturing – Gravel batch plant – Transfer station. The special circumstances required for the variance is not a result of the actions of the owner of the subject property.