Loading...
16-105558J�k �Fecleral Way December 9, 2016 Tammy Pote Planning & Zoning Resource Company 100 NE 5"' Street Oklahoma City, OK 73104 RE: Permit #16-105558-00-AD; ZONING, VERIFICATION LETTER TA Federal Way LLC, 31660 .Pacific Hwy S, Federal Way Dear Ms. Pote: FJILE� TY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com Jim Ferrell, Mayor On December 6, 2016, the City of Federal Way"s Department of Community Development received your additional request in regards to the zoning verification letter pertaining to TA Federal Way LLC (Shell Food Mart) at 31660 Pacific Hwy S, Federal Way, parcel number 092104 9248. In the interest of clarity, your questions are listed below in boldface font with the city's responses following. What is the current zoning classification for the subject property? The current zoning classification for the subject property is (CC-C) City Center Core. Adjacent property zoning designations: North: (CC-F) City Center Frame South: (CC-C) City Center Core East: (CC-C) City Center Core West: (CC-F) City Center Frame Is the subject property part of a Planned Unit Development? No, the subject property is not part of a Planned Unit Development. Is the subject property part of an Overlay District? No, the subject property is not within an Overlay District. The subject property is currently regulated by: Federal Way Revised Code (FWRC) 19.225.020, "Retail use" for the convenience store; vehicle service stations are not an allowed use in the CC-C zone. See FWRC 19.225.020 note #3. According to the zoning ordinance and regulations for this district, the use of the subject property is a: The retail/convenience store use is permitted by right. The vehicle service station is a legal non- conforming use at the site. Ms. Pote December 9, 2016 Page 2 The subject structure(s) was developed: Be advised that original site improvements made on the subject property were made under the zoning regulations of King County prior to the 1990 incorporation of the City of Federal Way. Any legally permitted aspects, elements, activities, or uses on the subject property that do not conform to the FWRC would be considered legal nonconforming. Typically, the City determines the nonconformance of a site and its improvements as part of a formal review of a specific development proposal. At that time a site inspection and nonconformance analysis will be required in order to identify what nonconforming aspects of a site and/or its improvements must be brought into conformance. Information regarding variances, special permits/exceptions, ordinances or conditions: According to the City's database, there are no variances, special permits/exceptions, ordinances or conditions related to the subject property. Rebuild: In the event of casualty, in whole or part, the structure located on the subject property: Nonconformance analysis has not been conducted. If after such analysis the structure located on the subject property was determined to be a legal nonconforming use, Federal Way Revised Code (FWRC) 19.30.200 would apply: 19.30.200 Special provision for damaged improvements. If a nonconforming use or development is damaged by sudden accidental cause, that use or development, including associated improvements, may be reconstructed if it meets the following requirements: (1) The use or development, including associated improvements, as reconstructed, is not any more nonconforming than it was immediately prior to the damage. (2) The applicant applies for building and any land use permits to reconstruct the damaged improvement within six months of the date of the damage and reconstructs the improvement pursuant to such permits. To the best of your knowledge, do your records show any unresolved zoning code violations? According to the City's database, there are no unresolved zoning code violations. To the best of your knowledge, do your records show any unresolved building code violations and/or complaints? According to the City's database, there are no unresolved building code violations and/or complaints. If you have any further questions regarding this inquiry, please contact me at 253-835-2622 or Jesse.McHenry@cityoffederalway.com. Sincerely, a47 -- Jesse McHenry Planning Intern 16-105558-00-AD Doc. I.D. 75076 1 CIT Federal Way November 30, 2016 Tammy Pote Planning & Zoning Resource Company 1300 South Meridian Avenue, Suite 400 Oklahoma City, OK 73108 RE: Permit #16-105558-00-AD; ZONING VERIFICATION LETTER TA Federal Way LLC, 31660 Pacific Hwy S, Federal Way Dear Ms. Pote: 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com Jim Ferrell, Mayor On November 21, 20 t6, the City of Federal Way's Department of Community Development received your request for a zoning verification letter pertaining to TA Federal Way LLC (Shell Food Mart) at 31660 Pacific Hwy S, Federal Way, parcel number 092104 9248. In the interest of clarity, your questions are listed below in boldface font with the city's responses following. What is the current zoning classification for the subject property? The current zoning classification for the subject property is (CC-C) City Center Core. Adjacent property zoning designations: North: (CC-F) City Center Frame South: (CC-C) City Center Core East: (CC-C) City Center Core West: (CC-F) City Center Frame Is the subject property part of a Planned Unit Development? No, the subject property is not part of a Planned Unit Development. Is the subject property part of an Overlay District? No, the subject property is not within an Overlay District. The subject property is currently regulated by: Federal Way Revised Code (FWRC) 19.225.020, "Retail use." According to the zoning ordinance and regulations for this district, the use of the subject property is a: The use is permitted by right. The subject structure(s) was developed: Be advised that original site improvements made on the subject property were made under the zoning regulations of King County prior to the 1990 incorporation of the City of Federal Way. Any legally Y permitted aspects, elements, activities, or uses on the subject property that do not conform to the FWRC Ms. Note November 30.2016 Page 2 would be considered legal nonconforming. Typically, the City determines the nonconformance of a site and its improvements as part of a formal review of a specific development proposal. At that time a site inspection and nonconformance analysis will be required in order to identify what nonconforming aspects of a site and/or its improvements must be brought into conformance. Information regarding variances, special permits/exceptions, ordinances or conditions: According to the City's database, there are no variances, special permits/exceptions, ordinances or conditions related to the subject property. Rebuild: In the event of casualty, in whole or part, the structure located on the subject property: Nonconformance analysis has not been conducted. If after such analysis the structure located on the subject property was determined to be a legal nonconforming use, Federal Way Revised Code (FWRC) 19.30.200 would apply: 19.30.200 Special provision for damaged improvements. If a nonconforming use or development is damaged by sudden accidental cause, that use or development, including associated improvements, may be reconstructed if it meets the following requirements: (1) The use or development, including associated improvements, as reconstructed, is not any more nonconforming than it was immediately prior to the damage. (2) The applicant applies for building and any land use pen -nits to reconstruct the damaged improvement within six months of the date of the damage and reconstructs the improvement pursuant to such permits. To the best of your knowledge, do your records show any unresolved zoning code violations? According to the City's database, there are no unresolved zoning code violations. To the best of your knowledge, do your records show any unresolved building code violations and/or complaints? According to the City's database, there are no unresolved building code violations and/or complaints. If you have any further questions regarding this inquiry, please contact me at 253-835-2622 or Jesse.McHenryy@cityoffederalway.com. Sincerely, ,9,, A , ,M e, 11V-- Jesse McHenry Planning Intern 16-1O��?8-00-AD Doe I D 75023 I /6 - i0s558 PZR" REPORT To: Fax: Email The Planning & Zoning Resource Company 1300 South Meridian Avenue, Suite 400, Oklahoma City, OK 73108 Telephone (405) 840-4344 • Fax (405) 840-2608 Toll Free (800) 344-2944 Ext:4417 Building Division Please fax to my direct fax number 405-241-9675 r%L:CEIVED Nov 112016 CITY OF FEDERAL WAY CDS Date: 11 /17/2016 Subject: Zoning Verification Letter and Association Documents Ref. Number: 98781-1 RE: TA Federal Way LLC, 31660 Pacific Highway South, Federal Way, Washington Add' I Info: Attached is our request for property information on the above -mentioned property. Please copy it onto your letterhead, provide the requested information, sign and return to me via either my direct fax, shown above, or via email to Tammy.Pote@pzr.com. It is my understanding that there will Not be fees associated with this request. Please be advised that the total fees are not to exceed $100.50 without my approval. If you should expect the fees to exceed this amount, please notify me as soon as possible. Furthermore, any additional costs associated with this request must be approved, in writing, prior to their incurrence. Thank you in advance for your time and consideration on the above matter. If there are any questions you are unable to answer please let me know who I should contact. If you have any questions or concerns, do not hesitate to contact me at the toll free number 800-344-2944, extension 4417. You may also reach me by email at: Tammy.Pote@pzr.com. Sincerely, Tammy Pote (PLEASE COPY ONTO YOUR LETTERHEAD) The Planning & Zoning Resource Company 1300 South Meridian Avenue, Suite 400 Oklahoma City, OK 73108 11 /17/2016 ATTN: Tammy Pote Ref. No. 98781-1 RE: TA Federal Way LLC, 31660 Pacific Highway South, Federal Way, Washington Add'I Info. The current zoning classification for the subject property is: Adjacent property zoning designations: North: South: East: West: Is the subject property part of a Planned Unit Development? Yes, part of a PUD (See comment) No, not part of a PUD Comment: Is the subject property part of an Overlay District? Yes, within an Overlay District No, not within an Overlay District Comment: The subject property is currently regulated by: Section of the Zoning Ordinance Planned Unit Development Ordinance No. (copy attached) Site Plan Approval Case No. (copy of plan and case attached) Comment: According to the zoning ordinances and regulations for this district, the use of the subject property is a: Permitted Use by Right Permitted Use by Special/Specific Use Permit Copy Attached Copy Not Available (see comment) Legal Non -Conforming Use (no longer permitted by right due to amendments, re -zoning, variance granted or other changes. See comments) Non -Permitted Use Comment: The subject structure(s) was developed: In accordance with Current Zoning Code Requirements and is Legal Conforming Non -Conforming (see comments) In accordance with Previous Zoning Code Requirements (amendments, rezoning, variance granted) and is Legal Non -Conforming to current zoning requirements Prior to the adoption of the Zoning Code and is Grandfathered/Legal Non -conforming to current zoning requirements. In accordance with Approved Site Plan and is Legal Conforming to approved site plan. If any nonconforming issues exist with respect to current zoning requirement; the subject property would be considered legal non -conforming. Comment: Information regarding variances, special permits/exceptions, ordinances or conditions: There do not appear to be any variances, special permits/exceptions, ordinances or conditions that apply to the subject property. The following apply to the subject property (see comments): Variance - Documentation attached or is otherwise, no longer available (see comment) Special Permit/Exception Documentation attached or is otherwise, no longer available (see comment) Ordinance Documentation attached or is otherwise, no longer available (see comment) Conditions Documentation attached or is otherwise, no longer available (see comment) Comment: Rebuild: In the event of casualty, in whole or in part, the structure located on the subject property: May be rebuilt in the current form (i.e. no loss of square footage, same footprint, with drive through(s), if applicable. May not be rebuilt in its current form, except upon satisfaction of certain conditions, limitations, or requirements. Please see section of the current zoning code/ordinance for details. Comment: I To the best of your knowledge, do your records show any unresolved zoning code violations? Yes, there are open violations on file in our records. (See attached list and/or copies/cases) No, there are no open violations on file in our records. *Please note, this request is for open violations of which you are aware. PZR is not requesting an inspection be made. To the best of your knowledge, do your records show any unresolved building code violations and/or complaints? Yes there are open violations on file in our records. (See attached list and/or copies/cases) 1 No, there are no open violations on file in our records. *Please note, this request is for open violations of which you are aware. PZR is not requesting an inspection be made. Please call the undersigned at Sincerely: Name: Title: extension if you have questions or concerns. Department: Email: