10-102379RECEIVED
A t,>� � � - / �Z 3� � 6'0 JUN 04 2010
Bruce S. Ma c Veigh, P.E. CITY OF FEDERAL WAY
Civil Engineer/Small Site Geotechnical CDs
14245 591h Ave. S., Tukwila, WA 98168
Office: (206) 242-7665 Fax: Same
June 2, 2010
City of Federal Way
Attn: Rebecca Lemke, C.C.E.O
P.O. Box 9718
Federal Way, WA 98063-9718
Subject: Documentation of Historical Use of Site, Spirit Trucking, LLC
Site, 1201 S. 343rd Street, Federal Way, WA; Parcel No.: 202104-9167
(Code Enforcement Case File No. 09-103654-00-VO)
Dear Ms. Lemke:
The following discussion is provided to assist you in evaluating the
continued use of the above site by its present owners.
General:
The question has arisen concerning the present configuration and use of
the above site. The site at present is used as staging, storage and repair
yard for the Spirit Trucking, LLC, a trucking and transportation company.
This property, and the parcel immediately to the south (Parcel No.:
202104-9170), are used as a combined operational site. The office for
the company is located on the parcel to the south.
The site which is the subject of this Code Enforcement Case, that is the
northern parcel, the overall site consists of 85 to 90 percent improved
and generally impervious surface. Improved surfacing is approximately
30 percent asphalt paving and 70 percent maintained crushed rock
surfacing. The portion of the property which is not surfaced is located
along the northern property line and includes a strip approximately 28
feet wide containing a minor unnamed stream. Used in common with the
northern parcel is the adjoining parcel of approximately the same size
located to the south. The two parcels function as a single operating site
with no particular separated uses for either parcel.
The purpose of this documentation is to provide information verifying the
long term use of the site at its present development level and
substantially equivalent use. The two parcels will be discussed as a
single site.
Referencing the letter from the City of Federal Way dated December 2,
2009, a point of concern is noted in the second paragraph. It states that
while the site is zoned Commercial Enterprise (CE) and that a trucking
business is a permitted use, that the current operation on the site does
not meet zoning requirements. It appears, based on a following
comment in the letter, that a business license for the current operation on
the site is needed. The owner has applied for this license, which may
resolve the zoning question. Attached are extracts from the City of
Federal Way Zoning Code, Section 19, which verify that both truck
storage and servicing are permitted in this zone. (Exhibit "A")
Nevertheless, the following information is provided to fully clarify the
present uses of the site, and the continuity of type of use for the site
which the City has permitted, without concems, previous to Spirit
Trucking acquiring the site and operating their trucking business on the
site.
Note that questions relating to permits for additional buildings on the site
and the work performed by the owners for stream bank protection along
the portion of the stream located within their property are separate issues
to be handled once the use and zoning questions are resolved. (Note,
the owners have had prepared an engineered as -built of the stream bank
protection work and submitted it to the City in order to expedite
consideration of that matter once the zoning and use questions are
resolved.)
Site Specifics:
Site Address: 1201 S. 343rd Street, Federal Way, WA 98003
(Common address for both parcels)
Parcel Nos.: Northern Parcel 202104-9167
Southern Parcel 202104-9170
Parcel Areas: Northern Parcel 32,914 SF/ 0.796 AC
Southern Parcel 29,714 SF/ 0.682 AC
Total Site 62,628 SF/ 1.438 AC
Present Zoning: Northern Parcel Commercial Enterprise (CE)
Southern Parcel Commercial Enterprise (CE)
Present Use: Staging, storage and minor repair/light maintenance
yard for trucking and transportation company.
Dates of Use: 2009 to Present Spirit Trucking, LLC
1999 to 2009 ABT Towing
Prior to this time, information is not available. It
could not be determined from records if ABT Towing
operated the site prior to that time.
Site Improvements:
2009 Placement of repair area shelter (northern parcel)_
(Spirit Trucking)
1992-1997 Minor office/storage buildings moved to site (east
end of northern parcel, by entrance). These were
installed on the site by previous owners of the site
and were in place when Spirit Trucking acquired the
site. (ABT Towing)
1990 Modular office building installed on southern parcel
under King County permit.
1990 City of Federal Way incorporated. Site comes under
the new jurisdiction. Existing uses at the time are
"grandfathered" under the new jurisdiction.
1980-85 Complete grading and fencing of site (excluding
stream area). Northern portion of stream appears
re-routed at this time to present configuration.
Surfacing placed in substantially current
configuration. Use of site for current type operations
begins using full site.
1977-80 Substantially graded site at this time. Stream
squared north -south along west property line during
development of warehouses on property to west.
Stream still meanders across northwest portion of
site in original location, but may have reached the
configuration shown in the 1980-85 phase. Graded
used of site used for general storage, construction
material storage or vehicle storage (based on aerial
photograph).
1974-77 Substantially graded at this time. Stream meanders
generally southwest -northeast through property to
west and northwest portion of site. Graded use of
site used for general storage, construction material
storage or vehicle storage (based on aerial
photograph).
Pre-1974 Review of photographs prior to 1974 shows a
cleared use of the main portion of the site southwest
of the stream as far back as the mid-1960's.
As noted above, the site has been in substantially the existing developed
condition since 1980 to 1985. It is presumed that the uses prior that
time, and especially the use which triggered the final build out in that
period, were in conformance with King County zoning and construction
development codes in effect at that time.
Discussion of Current Use and Zoning Classification:
The current zoning classification is Commercial Enterprise (CE). (In
2006 the site was classified as Business Park (BP).)
Documented History:
Prior to the acquisition of the site in 2009 by Spirit Trucking, the site is
know to have been owned and operated by ABT Towing as far back as
1997. This information is known from City records of the business
licenses on record for ABT Towing going back to that time. The office
building permit from 1989 showed Tammi S. Hatcher, owner, however
the business on the site is not known.
Aerial Photographs showing use of site - Attached are portions of the
aerial photographs from 1980 and 1985 illustrating the above discussed
site development. (EXHIBIT"B")
Validity of Current Use Under Present Zoning Classification:
As noted above, and as stated by the City, the current use of the site to
store and maintain commercial trucks, and to allow short term staging of
loaded trailers while changing trucks is an outright permitted use under
this classification. From the wording of the City comments in the noted
letter, it appears that the question is not a zoning question, but one of
Spirit Trucking obtaining a routine business license from the City.
The use of the site by Spirit Trucking required no alteration of the site in
any way. No grading, paving or building construction was required to
use the site. It is known that zoning considerations and current site use
standards come into play if an improvement of more that 50 percent of
the assessed value is proposed, however this is not the situation. (Note
that the recently placed maintenance shelter is a separate permitting
issue. It was placed as a convenience to enhance existing operations.)
This office has performed engineering services for warehouse
complexes, truck storage yards and auto wrecking yards, and is familiar
with the conditions in towing company storage yards. The conditions of
towing yards, with a portion of the stored vehicles being heavily
damaged from accidents, and potentially (likely) leaking fluids, presents
a much less desirable condition, both aesthetically and environmentally,
than the present trucking operation. Several random visits to the site
have shown the current operation to be very clean and neat in all
respects.
A raising of concerns which may portray the operations of the trucking
company as being substantially different and/or less desirable than the
those of the previously permitted towing yard operation do not appear to
have a valid basis.
Aside from the general concern for protecting the environment and
protecting neighboring properties from nuisance effects, it is not clear
that the City has a legitimate or authorized interest in evaluating the
operational substance of the trucking company beyond verifying its valid
status under the zoning code.
Thank you for your assistance. Mr. Semenyuk and I will continue to work
with you to resolve the site's other concerns.
Zruce
iSMacVeigh,
f
ff r
P.E.
Civil Engineer
cc: Spirit Trucking, LLC
attn: Nick Semenyuk
P.O. Box 40473
Bellevue, WA 98015
spirittrucking05/1001