14-102950CITY OF
Federal
July 7, 2014
Philip Waldner
Kempwald Enterprises LLC
1313 34 h Avenue
Tacoma, WA 98424
Way
FILE
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. cityoffederalway. com
RE: Permit #14-102950-00-AD; ADMINISTRATIVE DECISION
Zoning Change of Use for Northwest Towing, 2025 South 341" Place, Federal Way
Dear Mr. Waldner:
The City is in receipt of your request letter dated June 18, 2014, for "change of use at a developed site" in
accordance with Federal Way Revised Code (FWRC) 19.15.025. The request is to locate Northwest
Towing Inc. on the site located at 2025 South 341s` Place (King County parcel #2121049048), which is
zoned CE (Commercial Enterprise).
Zoning Compliance Review
FWRC 19.15.025 addresses a change of use at a developed site as follows:
19.15.025 Zoning and use review process for new tenants — Change of use at a developed site. The
purpose of this section is to review and determine compliance with applicable zoning and development
code requirements when a new use is proposed to occupy an existing building or site. When a land use
changes from one use category in the zoning charts to another use category, a zoning compliance review
shall be performed as part of the use process review, when required, or in conjunction with the required
business registration and/or building permit review. Each paragraph in a zoning chart is a use category.
If the new use is in the same use category as any previous legal use of the site, no zoning compliance
review is required.
A new use is proposed to occupy an existing building. Tow lots are a permitted use per FWRC
19.240.050. The site was previously used by Skyline Mail Carriers for office and parking, which is a
permitted use per FWRC 19.240.080. The two uses are not located within the same zoning chart use
category; therefore, a zoning compliance review is required as indicated above.
(1) Any new use shall comply with only those standards of the use zoning charts that are directly related
to the new use as determined by the director. Examples include parking, use -specific setbacks, use -
specific special regulations and notes, and nonconforming surface water quality improvements -identified
in FWRC 19.30.120. Other nonconforming aspects of the site which are not made nonconforming as a
result of the change of use are not required to be brought into conformance as a result of this subsection.
Parking is the only relevant zoning issue that falls under this review.
Parking for a tow lot is assessed on a case by case basis per FWRC 19.240.050. The request letter
indicates a minimal need for parking, with one proposed employee at the site and 1-3 customers per day.
+�� �
Mr. Waldner
July 7, 2014
Page 2
Even with the area to be fenced off for impound vehicle storage, there is adequate paved parking for the
proposed use of the site.
Therefore, your zoning change of use is considered to be in compliance with relevant zoning requirements
and is hereby approved.
Creation of Outdoor Storage Area
You indicated that you will be creating a fenced storage area for impounded vehicles. FWRC 19.125.170
requires approval of a Process I application to make such improvements. Please submit a completed
Process I application (application form and informational handout enclosed) along with the submittal
items identified in FWRC 19.125.170(2). The fee due at time of submittal is $84, which covers one hour
of review time. Each additional hour of review time is billed at $64 and due at the time of approval. I
would estimate approximately 3 to 4 hours of review time for a project like this.
The following development regulations apply to outdoor storage areas. Please demonstrate how these
regulations are addressed in your subsequent application submittal.
a) Outdoor storage provisions are contained within FWRC 19.125.170(3), which requires:
(b) A minimum six -foot -high solid screening fence, wall, or other appropriate architectural
screening, surrounded by five feet of Type I landscaping as defined by FWRC 19.125.050(1), or
combination of architectural and landscape features, approved by the director of community
development services is required around the outside edges of the area devoted to the outdoor use,
activity or storage area, unless determined by the director that such screening is not necessary
because the use or stored materials are not visually obtrusive. Proposed architectural and
landscape screening methods shall be consistent with Chapter 19.115 FWRC, Community Design
Guidelines, and Article I of this chapter (Landscaping).
b) For reference, Type 1 (Solid Screen) landscaping provisions are contained within FWRC
19.125.050.1, which requires:
(b) Description. Type I landscaping shall consist of evergreen trees, large shrubs and
groundcover, which will provide a 100 percent sight -obscuring screen within three years from the
time ofplanting; or a combination of approximately 75 percent evergreen and 25 percent
deciduous trees, with an allowable five percent variance, with large shrubs, and groundcover
backed by a 100 percent sight -obscuring fence. Tree, shrub, and groundcover spacing shall be
appropriate for the species type, and consistent with the intent of this section.
c) You also requested to install a 6' high chain link fence with an additional 2' of barbed wire. The
fence would be located in the back portion of the property, which is paved. The fence would
secure your impound storage facility for approximately 10-12 cars. Barbed wire is permitted only
atop a fence or a wall at least six feet in height (FWRC 19.125.120). A building permit is required
for any fence over 7' in height. Chain link fencing in the CE zone must comply with the
following (F)ATRC 19.115.090.2.f):
Chain -Zink fences visible from public rights -of -way or adjacent properties, and not screened by
Type I landscaping as defined in Chapter 19.125 FWRC, shall utilize vinyl -coated mesh, powder-
14-102950 Doe. I.D. 66023
Mr. Waldner
July 7, 2014
Page 3
coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid
pattern (so depending what you propose with regard to landscaping/screening, the chain link
fence may or may not need to meet this requirement).
In summary, the proposed zoning change of use for this developed site is acceptable. Screening of the
outdoor impounded vehicles requires review and approval of a Process I application and the fence
requires a building permit. Also, as a reminder you will need to obtain a City business license through
the City Clerk's office. If you have any questions regarding this letter, please contact me at
stack.welshacityofFederalway.com or 253-853-2634.
Sincerely,
Stacey Welsh, AICP
Associate Planner
enc: Submittal Requirements for Process I
Master Land Use Application
Business registration form
A Kalchik Realty LLC, PO Box 880608, San Diego, CA 92168
14-102950
Doc. I.D. 66023
2-i 2,1 OM, qO4 01
t4-- 107&1.50-00 A>
June 18, 2014
Mr. Isaac Conlen
Planning Manager
Community and Economic Development Department
City of Federal Way
Dear Mr. Conlen:
I am the president of Northwest Towing, Inc. and we currently have an office and
storage facility located at 32610 Pacific Highway So., Federal Way. We have been
located here since February 2005. Prior to this location we have been located
within the city limits of Federal Way since December 1996, near the current
development on 348t" and Enchanted Parkway, around the truck stop area. Our
parent corporation, located in Fife is celebrating over 65 years of being in
business and we take pride in our accomplishments as well as our facilities. On
June 12, 2014 KempWald Enterprises, LLC, our property management entity,
entered into a Purchase Sale Agreement with Skyline Mail Carriers, to acquire the
property located at 2025 South 3415t Place. I spoke to Janet Shull today and
indicated to her that we would like to move to a more permanent facility we
could call our own, and we think that this property suits our needs well. She
indicated to me that I would need to request a "Change of use at a developed site
for new tenants". The specific ordinance number is 19.15.025.
The last use of the property is office facilities and parking for Skyline Mail Carriers,
a federal mail carrier contractor. We intend to only fence the back portion of the
property which is paved and curbed as our storage facility, and utilize an existing
office in the back entrance to the building for our staff of one. We will require no
exterior remodeling or modifications to the building. Parking for our personnel
would require only one space, for we only have one employee working in our
current office. Traffic to our facility is very minimal, with maybe 1-3 custoIVED
JUN 19 Z014
CITY OF FEDERAL WAY
CDS '
per day, on a busy day. The impound facility requires only to hold a maximum of
10-12 cars at any given time, we have auctions once a month which keeps the
number of vehicle on hand to a minimum.
We would be required by RCW 46.55 to fence the paved area in the southeast
corner of the property. It is my estimation that this is about 25% of the property,
and would only be the current paved area in the back. I am including pictures and
an aerial phone for your consideration. I understand that any fence over 6 feet
tall would require special consideration, however the State of Washington
requires us to have a 6 foot fence with 3 strands of barbed wire above it, which
increased the overall height to 8 feet. We would also proposed that the fence be
screened and would be in a position to do that, we have complied with that
request previously.
It is our opinion that the use is equal to or less than the previous use, and as such
should be allowed, we take pride in not only now being the owner of property in
the City of Federal Way, but that we could also add to the business like,
professional appearance of the property.
If you have any questions please don't hesitate to contact me, we look forward to
moving forward with this project and hearing from you.
Sincerely,
qPhili4pWal er
President Northwest Towing, Inc. 253.517.2333
Managing Partner KempWald Enterprises, LLC
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