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08-109888CITY OF CITY HALL 33325 8th Avenue South A. Federal Way 98 Mailing Address: Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com October 5, 2009 l to Mr. Curt Nelson ' via e-mail: curt@wirbinc.com 723 East Francis Spokane, WA 99208 Re: File #08-105888-UP; AMENDED DIRECTOR'S DECISION Phase H Retail Vehicle Sales and Vehicle Recovery (WIRB), 29805 Pacific Hwy South, Federal Way Dear Mr. Nelson: This letter amends the September 18, 2009, Process I Director's Decision for the above referenced project. Further evaluation of historical photographs and historical surveys indicate that `perimeter' landscaping associated with the previous 40-Rentals site use was actually located within the Dash Point and Pacific Highway South rights -of -way and not on the subject property. As this landscaping was not located on the subject property, it does not have to be replaced in conjunction with the Phase II of the WIRB Retail Vehicle Sales and Vehicle Recovery business operation. Based on this, the landscaping portion of the 'Findings for Process I Approval' from the September 18, 2009, decision is amended as follows and the decision reissued. AMENDED FINDINGS FOR PROCESS I APPROVAL LANDSCAPING — The applicant has proposed to install 120lineal feet of perimeter landscaping 10 feet in width along the northeast comer of the site to replicate original perimeter landscaping that was removed with recent roadway work. In addition, the applicant proposed that interior parking lot landscaping be added for the new parking stalls north of the building. This includes at -grade planting and large planters, which are a continuation of the pedestrian plaza along the east side of the building. Staff has determined that the original landscaping along the perimeter of the original rental business was actually located in the right-of-way and not on private property. As such, this landscaping is not subject to the standards of FWRC 19.30.090(1)(e), and the applicant is not required to replace this landscaping. The applicant submitted a March 24, 2009, landscape plan prepared by Earth Tech Landscaping depicting perimeter and interior parking lot landscaping. This plan is being reviewed under an engineering (EN) approval with comments on the required landscape elements provided under separate cover.' Prior to opening of the auto sales business, approved landscaping must be installed and inspected by city staff. CONFORMANCE WITH FWRC — The vehicle sales and recovery business is in conformance with the FWRC. Under Special Regulations and Noles #7 of FWRC 19.220.030, except for principal sales lots, all other outdoor storage must be located to the rear and sides of the principally permitted structure. In this case, the vehicle sales area is visible and accessible from the rights -of -way, while the temporary vehicle storage is located at the rear and sides of the site. The applicant has noted that both businesses may include temporary storage of recreational vehicles (RV's) and motor boats for sale or recovery. As such, these vehicles can be approved for temporary storage on the subject property. The proposed fencing, landscape installation, and parking lot improvements do not reduce required parking, landscaping, buffering, open space, or public areas; do not change the location of utilities or easements; are consistent with the existing architectural design; as conditioned create no impacts to sensitive areas or significant trees; and will maintain existing building egress and pedestrian connections. Building permits are required for any fencing over six feet in height, and any irrigation requires permits from the Lakehaven Utility District. The applicant must obtain separate Engineering Approval (EN) of the March 24, 2009, landscape plan prepared by Earth Tech Landscaping. Prior to opening of the auto sales business, approved landscaping must be installed and inspected by city staff. ' Landscape plan file #09-103544-EN File 08-105888-00-UP Doc I D 51728 Mr. Curt Nelson October 5, 2009 Page 2 As noted in previous letters, the outdoor storage associated with a vehicle sales use is consistent with the outdoor storage of equipment associated with the previous retail/rental use, while the recovery business is not consistent with a retail use. No change of use will occtV.. if the automotive sales business opens. However, if the vehicle sales use is discontinued, the recovery use would IN. onsidered a change of use and the recovery business operator shall submit a land use Process II application for a chlige4usq review subject to codes in effect at the time. CONDITIONS OF APPROVAL Based on the city's review, the Process I application to establish Phase H of the vehicular sales and vehicular recovery business is approved subject to the following conditions: 1. A Federal Way city business license application for the automotive sales use shall be submitted to the City of Federal Way within 30 days of this approval letter. 2. Prior to commencement of the auto sales use, all approved landscaping must be installed and a landscape inspection conducted by city staff. 3. No parking, storage, or activity shall be conducted within the steep slope buffer located on the west side of the subject property. 4. In the event the business license of the auto sales use is deemed to no longer be valid and the recovery business is the only business in operation on the subject property, the auto recovery business will be considered as a change of use. In that case, the recovery business operator shall submit a formal Process II application with applicable fees to review the change of use subject to codes in effect at the time. This decision shall not waive compliance with future City of Federal Way codes, policies, and standards relating to this project site. The effective date of this amended decision is October 8, 2009, or three days from the date of this letter. Pursuant to FWRC 19.55.050, any person who received notice of the amended administrative decision may appeal this decision to the Federal Way Hearing Examiner by October 22, 2009 (14 days from the effective date of amended decision). In that you are the only party of record, you may waive your right to appeal by submitting a letter to this effect to the City of Federal Way, Department of Community Development Services. Process I hourly fees for review by city staff in the amount of $556.50, based on 7.0 hours at $79.50 per hour, are due at this time and shall be paid prior to issuance of the engineering/landscape plan. If you have any questions, please call Senior Planner Deb Barker at 253-835-2642. Sincerely, Greg Fewins, Director Community Development Services enc: Amended WIRB Site Plan Prepared by Hovland Architect, Received May 13, 2009 c: Deb Barker, Senior Planner Ann Dower, Public Works Senior Engineering Plans Reviewer Scott Sproul, Assistant Building Official Cathy Rossick, Business License Technician Chris Ingham, South King Fire and Rescue Sue Down, WIRB, 33905 Pacific Highway South, Federal Way, WA 98003 Mike Hovland, Hovland Architects, 900 Meridian Avenue East, Suite 408, Milton, WA 98354 File 08-10588MO-UP Doe. LD- 51728 CITY or t Federal Way September 18, 2009 Mr. Curt Nelson 723 East Francis Spokane, WA 99208 CITY HALL 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com RE: FILE 08-105888-UP; DIRECTOR'S APPROVAL, 29805 PACIFIC Hwy SOUTH, FEDERAL WAY Phase II Retail Vehicle Sales and Vehicle Recovery (WIRB) Dear Mr. Nelson: The City has completed review of the Process I application and conditionally approves the exterior development (Phase II) associated with the vehicular retail sales business and the vehicle recovery business (Western International Recovery Bureau — WIRB) on the northern portion of the above - referenced address. The formal Phase 11 application was submitted on December 11, 2008. Requested information was received on March 30, May 13, July 29, and August 20, 2009. Zoning for the site is Community Business (BC). Vehicle sales as well as tow or taxi lots are permitted uses in the BC zone under Federal Way Revised Code (FWRC) 19.220.030 "Vehicle and equipment, sales, service, repair." Background The subject site, consisting of two tax parcels, was developed in the early 1970's. The last business to operate at this location was the 40 Rentals, a retail business which included indoor and outdoor storage of light and heavy rental equipment. According to the City's business registration database, this business ceased operations on January 10, 2000. Per the FWRC definition, a change of use is determined to have occurred when it is found that the general character of the operation has been modified. After analyzing the proposed uses with the previous 40 Rentals uses, the City determined that the proposal to operate a vehicle sales use with a related vehicle recovery business at this location would not constitute a change of use as defined in FWRC Section 19.05.030 Change of Use. Findings for Process I approval SITE DESIGN - Phase II site plans prepared by Hovland Architects and resubmitted on May 13, 2009, depict the auto sales business and the vehicle recovery business sharing the 79,671 square foot developed property located on parcel 042104-9033.' The vehicle sales business occupies the eastern portion of the property with 21 `vehicle sales' parking stalls and 5 `visitor' parking stalls. The recovery business occupies the western portion of the property with a `temporary vehicle storage' area approximately 25,000 square feet in size that includes "parking for vehicles in questionable condition" as well as recovered "RV's" and boats. Six employee parking stalls are also located on the western side of the site. The two business parking areas are separated by a 6-foot-tall chain link fence while both have offices in the existing building. I Phase I, approved on April 18, 2008, established the recovery use office in the existing building located on parcel 042104-9157, and included installation of eight parking stalls along the north side of the building and a landscaped plaza along the east side of this building. Normal maintenance actions during Phase I include painting, dry rot repair, asphalt and concrete patch and repair, and cleanup and pruning of the landscape area along the east and south portions of the subject site. No changes to the existing facade were made under Phase I. Phase H plans, which required separate land use approval, were delayed until completion of the Pacific Highway South roadway widening project adjacent to the subject property. Mr. C-4rt Nelson'. `�eptem`ber 18, 2009 Page 2 To provide security, a 6-foot-tall vinyl clad chain link fence will be installed along the north and east property line. This will connect to existing chain link fencing at the site perimeter. Two large gates provide overall vehicular and emergency access into the subject site. Installation of the fencing and gates is consistent with the original fencing used in conjunction with the retail business. On the west side of the site, existing steep slopes meet the FWRC definition of a geologically hazardous area. The City regulates all work on and within 25 feet of the steep slope geologically hazardous areas under FWRC 19.160.010. Currently, the steep slope area is partially paved and partially vegetated. No improvements or storage of any kind is proposed within the 25-foot-wide buffer associated with the steep slope area. ' LANDSCAPING - One hundred twenty lineal feet of perimeter landscaping ten feet in width will be installed along the north-east corner of the site to replicate original perimeter landscaping that was removed with recent roadway acquisition. In addition, the applicant proposed that interior parking lot landscaping be added for the new parking stalls north of the building. This includes at -grade planting and large planters, which are a continuation of the pedestrian plaza along the east side of the building. Installation of the perimeter landscaping is consistent with original fencing and landscaping used in conjunction with the original rental business. The applicant submitted a landscape plan prepared by Earth Tech Landscaping, dated March 24, 2009, depicting perimeter and interior parking lot landscaping. This plan is being reviewed under an engineering (EN) approval with comments on the landscape }plan provided under separate cover.2 Prior to opening of the auto sales business, approved landscaping must be installed and inspected by City staff. CONFORMANCE wrrH FWRC - The vehicle sales and recovery business is in conformance with FWRC. Under Special Regulations and Notes #7 of FWRC 19.220.030, except for principal sales lots, all other outdoor storage must be located to the rear and sides of the principally permitted structure. In this case, the vehicle sales area is visible and accessible from the rights -of -way, while the temporary vehicle storage is located at the rear and sides of the site. The applicant has noted that both businesses may include temporary storage of Recreational Vehicles (RV's) and motor boats for sale or recovery. As such; these vehicles can be approved for temporary storage on the subject property. The proposed fencing, landscape installation and parking lot improvements do not reduce required parking, landscaping, buffering, open space, or public areas; do not change the location of utilities or easements; are consistent with the existing architectural design; as conditioned create no impacts to sensitive areas or significant trees; and will maintain existing building egress and pedestrian connections. Building permits are required for any fencing over six feet in height, and any irrigation requires permits from Lakehaven Utility District. The applicant must obtain separate Engineering Approval (EN) of the landscape plan prepared by Earth Tech Landscaping, dated March 24, 2009. Prior to opening of the auto sales business, approved landscaping must be installed and inspected by City staff. As noted in previous letters, the outdoor storage associated with a vehicle sales use is consistent with the outdoor storage of equipment associated with the previous retail/rental use, while the recovery business is not consistent with a retail use. No change of use will occur if the automotive sales business opens. However, if the vehicle sales use is discontinued, the recovery use would be considered a change of use, and the recovery business operator shall submit a land use Process II application for a change of use review subject to codes in effect at the time. 2 Landscape plan file #09-103544-EN. File 08-105888-00-UP Doc. I.D 51459 Mr. Curt Nelson September 18, 2009 Page 3 Conditions of Approval Based on the City's review, the Process I application to establish Phase II of the vehicular sales and vehicular recovery business is approved subject to the following conditions. 1. A Federal Way City business license application for the automotive sales use shall be submitted to the City of Federal Way within 30 days of this approval letter. 2. Prior to commencement of the auto sales use, all approved landscaping must be installed and a landscape inspection conducted by City staff. 3. No parking, storage, or activity shall be conducted within the steep slope buffer located on the west side of the subject property. 4. In the event the business license of the auto sales use is deemed to no longer be valid and the recovery business is the only business in operation on the subject property, the auto recovery business will be considered as a change of use. In that case, the recovery business operator shall submit a formal Process II application with applicable fees to review the change of use subject to codes in effect at the time. This decision shall not waive compliance with future City of Federal Way codes, policies, and standards relating to this project site. The effective date of decision is September 21, 2009, or three days from the date of this letter. Pursuant to FWRC 19.55.050, any person who received notice of the administrative decision may appeal this decision to the Federal Way Hearing Examiner by October 5, 2009 (14 days from the effective date of decision). In that you are the only party of record, you may waive your right to appeal by submitting a letter to this effect to the City of Federal Way, Department of Community Development Services. Process I hourly fees for review by city staff in the amount of $556.50 based on 7.0 hours at $79.50 per hour are due at this time and shall be paid prior to issuance of the engineering/landscape plan. If you have any questions, please call Senior Planner Deb Barker at 253-835-2642. Sincerely, Greg Fewins, Director Community Development Services enc: WIRB Site plan prepared by Hovland Architect, received May 13, 2009 c: Deb Barker, Senior Planner Ann Dower, Public Works Senior Engineering Plans Reviewer Scott Sproul, Assistant Building Official Chris Ingham, South King Fire and Rescue Cathy Rossick, Business License Technician Ms. Sue Down, WIRB, 33905 Pacific Highway South, Federal Way, WA 98003 Hovland Architects, Mike Hovland, 900 Meridian Avenue East, Ste 408, Milton, WA 98354 File 08-105888-00-UP Doe. LD 51458 k�, CITY OF Federal June 10, 2009 Mr. Curtis Nelson WIRB 627 East Francis Avenue Spokane, WA 99208 1FILE CITY HALL 33325 8th Avenue South Way Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com RE: FILE #08-105888-00-UP; ADDITIONAL INFORMATION REQUESTED WIRB Phase II, 29805 Pacific Highway South, Federal Way, WA Dear Mr. Nelson: City staff has had the opportunity to review the revised site plan and cover letter submitted on May 13, 2009. This information was submitted in response to the City's April 16, 2009, request for additional information regarding the second phase of the Western International Recovery Bureau (WIRB) business proposed at the above -referenced address. The City requested additional information about several aspects of the proposed development. Your May 12, 2009, letter includes responses that lead us to believe that the vehicle recovery business as proposed would not be consistent with the previous equipment rental facility use as discussed below. 1. CHANGE OF USE The 2007 preapplication conference request and the March 2008 Process I application proposed that the site be used for auto sales, auto storage, detailing, and offices.' Staff requested information about the hours of operation and traffic generation for the proposed auto sales business. Your letter states that the search for a tenant for the eastern sales portion of the site (identified on the site plan as auto sales) and the ground floor sales portion of the building has not been successful; and without a tenant, you cannot establish an expectation for traffic generation. It's unclear from your response how you intend to satisfy the auto sales use. The auto sales aspect of the project was key in the city's initial ruling that the proposed WIRB business did not constitute a change of use from the previous equipment rental business. According to the enclosed table that evaluates the factors used to determine if a change of use has occurred, the recovery business hours of operation, required parking, traffic generation, and constituents of surface water discharge are similar to (or less than) those of the previous rental business. However, without a vehicle sales aspect to the project, both the general appearance of the building and parking lot, as well as the type, extent or amount of indoor and outdoor storage are markedly different for the recovery business than existed for the previous equipment rental business. For example, the equipment rental business promoted customer interaction and visibility on and off the ' The Process I application identified the vehicle recovery use including offices. Mr. Clot Nelson Jun710, 2&09 Page 2 subject site, while the recovery business actively discourages customer interaction. Vehicles associated with the recovery business are parked behind two sets of gates to deter theft and there is no exterior indication of any office activity. The overall appearance of an auto sales business is quite different than that of a recovery (or tow) lot. A vehicles sales business would restore the customer interaction of the previous rental use and the vehicle sales area would be minimally fenced to ensure sales visibility. CHANGE OF USE — TOW LOT If it is not possible to establish an auto sales use in conjunction with the vehicle recovery land use, a change of use will have been determined to have occurred. In that case, the vehicle recovery business would be reviewed as a tow lot, as provided under Federal Way Revised Code (FWRC) 19-220.030.2 The tow lot use can encompass the entire site. Under WAC 197.11.800(3), SEPA review is required when a change of use occurs. As the tow lot would be considered a change of use from the previously existing use, SEPA review is required. Process II (the typical use process required) expands to Process III review when SEPA is required. The following information would be required for the tow lot Process III application in addition to information noted on the Process III Development Requirements Submittal checklist: • Completed SEPA checklist and applicable fee of $948.00; ■ Site plan revised to depict a tow lot with the outdoor vehicular storage areas consistent with outdoor screening requirements of FWRC 19.125.170, including five feet of type I landscaping or other solid screening material around the perimeter of the outdoor storage; ■ A Transportation Concurrency application; • As discussed in the preapplication conference letter, if the project meets any of the criteria for "Nonconforming Water Quality Improvements" FWRC 19.30.120, a Targeted Drainage Review and a preliminary Technical Information Report (TIR), addressing the relevance of the project to the eight core and five special requirements of the KCSWDM will be required, • Fees for Process III in the amount of $2,392.00;3 and • A preapplication waiver request letter as the 2007 preapplication expired. 2. RV STORAGE As reflected in a previous letter, Note #10 of FWRC 19-220.030, states "Exterior storage of recreation vehicles is permitted only when it collocates with a self service storage facility. " The city requested an explanation as to how the collateral recovery business is consistent with or the same as a self service storage facility. Your letter stated that the collateral recovery business is similar to the previous rental use in that they stored vehicles, equipment and other rental items on a short term basis to support their business, and that the recovery business stores vehicles including RV's on a short term business. However, the recovery business is not consistent with a self service storage facility as defined in FWRC 19.05.190 `S' - Definitions in that individual stalls or lockers are not rented out to different 2 On February 9, 2009, a reorganization of the Federal Way City Code (FWCC) became effective. These changes may affect your application since you are not vested to the previous FWCC. The code has been re -codified as the Federal Way Revised Code FWRC) and is available on-line. Resubmittals are reviewed based on new code language. No credit is available as a Process I hourly fee deposit has not yet been paid. 08-105888 Doc l,D 50170 Mr. Curt Nelson June 10, 2009 Page 3 tenants for storage. As such, RV parking cannot be permitted on the subject site unless a self service storage facility that rents to different tenants (not including banks retrieving their collateral) is established. RV's could not be permitted to be parked on the site in a tow lot scenario either, unless a self service storage facility is also established with a tow lot. 3. SUMMARY As noted above, if it is not possible to establish an auto sales use in conjunction with the vehicle recovery land use, a change of use will have been determined to have occurred. In that case, the vehicle recovery business would be reviewed as a tow lot, and reviewed under Process III review in conjunction with SEPA review. RV storage is not permitted on the site unless a self service storage facility is established. Please do not hesitate to contact me at 253-835-2642 if you have any questions about this letter. Sincerely, kJ4 &IkA)?� Deb Barker Senior Planner enc: Resubmittal Information Form FWRC 19.05.190 — Definitions, Self service storage facility FWRC 19.220.030 — Auto related uses in BC zones Change of use table for WIRB Process III Submittal Requirements Checklist Master Land use Application FWRC 19.125.170 — Outdoor activities and Storage c: Ann Dower, Senior Engineering Plans Reviewer Ms. Sue Down, WIRB, 29805 Pacific Highway South, Federal Way, WA 98003 Mr. Michael Hovland, 900 Meridian Avenue East, Suite 408, Milton, WA 98354 4 Self-service storage facilities means a structure or group of structures for the storage of personal property where individual stalls or lockers are rented out to different tenants for storage. O8-105888 Doc I D 50170 CITY OF CITY HALL Federal Way 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com 7 April 22, 2009 .D Mr. Curtis Nelson Mr. Michael Hovland WIRB Hovland Architects 627 East Francis Avenue 900 Meridian Avenue East, Suite 408 Spokane, WA 99208 Milton, WA 98354 Re: File #08-105888-00-UP; ADDITIONAL INFORMATION REQUEsTFD WIRB Phase II, 29805 Pacific Highway South, Federal Way, WA Dear Mr. Nelson and Mr. Hovland: City staff has had the opportunity to review information submitted on March 30, 2009, in response to the City's December 15, 2009, request for additional information. The City requested this information to review the second phase of the Western International Recovery Bureau (WIRB) business located on tax parcels 042104-9157 and 042104-9033 at the above referenced address.' This letter is a request for additional information to continue site plan review. Please provide information about the following: 1. CHANGE OF USE Staff is reviewing the "change of use issue" for the existing building. Please provide the following information: Hours of operation — Clarify the extent of weekend hours. Will the auto sales be open on weekends? Traffic generation — Provide the proposed traffic generation for the auto sales use. 2. GARBAGE AND RECYCLING— Denote if the garbage container is new or existing. Is there any recycling provided on site? 3. RV STORAGE —The December 15, 2008, letter noted that per note #10 of FWCC 22-7532 (now Federal Way Revised Code [FWRC] 19-220.030), "... exterior storage of recreation vehicles is permitted only when it collates with a self service storage facility." The site plan depicts a storage 1 Information for work proposed in the northern lot (parcel 042104-9033) was formally submitted on October 31, 2008, with revisions received on November 20, 2008. 2 Please note that on February 9, 2009, a reorganization of the Federal Way City Code (FWCC) became effective. Further, please be advised that these changes may affect your application since you are not vested to the pre-existing code. The code was re - codified this month as the Federal Way Revised Code (FWRC) and was recently made available on-line. Due to the timing of the adoption ordinance and re -codification, we have not yet reviewed your application relative to the new code. Any resubmittals will include a full review based on new code language. He #08-105888-UP Doc. I.D. 49733 Mr. Curtis Nelson Mr. Michael Hovland Page 2 April 22, 2009 area for 12 RV's, and your letter states that, "RV storage is in conjunction with the collateral recovery business." Please explain how the collateral recovery business is consistent with or the same as a self service storage facility. 4. SEE PLAN —Please revise the site plan as follows: * Label visitor and staff parking stalls. The letter notes that WIlW staff, "...will park at the west side of the parking stalls located at the front of the building." Depict the area proposed for "vehicles in questionable condition," which will have a designated storage area that includes padding available to catch oils and fluids. • Depict the location of any existing catch basin on the subject property. When resubmitting, please provide five copies of any revised plans, a cover letter, and the enclosed resubmittal information form I can be reached at 253-835-2642 if you have any questions about this letter. Sincerely, " 13"JUAI� Deb Barker Senior Planner Enc: Resubmittal Information Form c: Ann Dower Sue Down, WIRB, 29805 Pacific Highway South, Federal Way, WA 98003 File #08-105888-UP Doc. I.D. 49733 40k CITY OF Federal Way I DATE: April 30, 2009 TO: Ann Dower Soma Chattopadhyay Chris Ingham Scott Sproul FROM: Deb Barker MEMORANDUM Community Development Services Department SUBJECT: WIRB PHASE II - (08-105888-00-UP), Route resubmittal 29805 PACIFIC HWY S REPLY BY: April 6, 2009 All — Attached please find a revision to the phase II of the WIRB site on PHS. You will note that there is now an internal fence area proposed around the vehicle storage area as well as an external fence at the perimeter of the site. Please find: • Revised site plan dated 3/29/09 • Cover letter dated March 31, 2009 • Landscape plan dated March 24, 2009 Please let me know if you have any questions or comments. Otherwise, I will issue land use approval on this phase of the project. Thanks � CITY OF CITY ° HALL FIL E A�k Federal Wa 33325 8th Avenue South Y Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com December 15, 2008 Mr. Michael Hovland Hovland Architects 900 Meridian Avenue East, Suite 408 Milton, WA 98354 Re: File #08-105888-00-UP; ADDITIONAL INFORMATION REQUESTED WIRB Phase H, 29805 Pacific Highway South, Federal Way, WA Dear Mr. Hovland: City staff has had the opportunity to review information submitted for the second phase of the Western International Recovery Bureau (WIRB) business located on tax parcels 042104-9157 and 042104-9033 at the above referenced address. Information for work proposed in the northern lot (parcel 042104-9033) was formally submitted on October 31, 2008, with a revised site plan and cover letter received via e-mail on November 20, 2008. This letter details the background of the WIRB site and provides comments on submitted items, including a request for additional information. BACKGROUND The subject site was developed in the early 1970's as 40 Rentals, an equipment rental company. Although the business had closed and the use had ceased by February 2000, the City determined the proposal to operate a car rental/sales and recovery business would not constitute a change of use as defined under Federal Way City Code (FWCC) Section 22-1.' Further, although there were nonconforming site conditions, information submitted by the applicant confirmed that the value of the proposed improvements would not exceed 50% of the assessed value of the building. As a result, the nonconformance provisions of FWCC Section 22-334(6) were not triggered and existing nonconforming conditions were not required to be brought up to current code standards. On April 16, 2008, the City granted conditional Process I approval to Phase I of the automotive sales and business offices, site storage, and auto detailing for the auto recovery business. This included tenant improvements within the existing vacant building, relocation of eight parking stalls along the north side of the building, installation of a landscape island and a plaza flanking the parking stalls, and cleanup of the landscaping on the east and south sides of the building (file 08-101475-UP). On November 7, 2008, the City granted a 90-day extension to install required site landscaping; however, the building permit for the WIRB office has been finalized and the certificate of occupancy has been issued? 1 Preapplication dated May 2007, File 07-102305-PC 2 File #08-100378-00-CO Doc I D 48097 File 08-105988-UP rm Mr. Mike El'tivland December 15, 2008 Page 2 of 4 ADDITIONAL INFORMATION REQUESTED In order to review the proposed phase II improvements, additional information as discussed below must be provided. Proposed Site Use/Change of Use — As depicted, the recovery/auto storage business seems somewhat different than the retail auto sales business originally proposed with the preapplication. WIRB offices permitted with the Phase I approval have been established on the second floor of the building while the ground floor of the building is still vacant. The site appears to be "locked down' due to the locked entry gates and there is no parking area provided outside of the new chain link fence that circles the property. Vehicular access into the site appears to be provided by workers in the WIRB office, which is out of sight. Vehicles may block Pacific Highway South when attempting to enter the gated site in contrast to the open retail nature of the 40-Rentals business. This is of concern as the proposed recovery/auto storage business may result in a change of use from the equipment rental company. As defined in FWCC Section 22-1, Change of Use, a change of use is determined to have occurred when it is found that the general character of the operation has been modified. The determination shall include review of, but not be limited to the following: 1. Hours of operation 2. Required parking 3. Traffic generation 4. General appearance S. Type, extent, or amount of indoor or outdoor storage; and 6. Constituents of surface water discharge or runoff If the City determines that a business is a change of use, the review process becomes a Process IV Also, the applicant is required to meet those provisions of the FWCC determined to be reasonably related to the change of use; those provisions apply to the. entire site4 and may include requirements for setbacks, parking, perimeter and interior parking lot landscaping, parking lot screening, storage areas screening, and fence materials. To fully evaluate the WIRB proposal, please provide a written explanation of how the site is proposed to be used and how it is to function, including the specific activities to be conducted at the site with hours of operation, where WIRB and non-WIRB customer parking is located, how and when it is accessed, and other relevant information. What are proposed uses for the vacant ground floor space? Please provide a written response to the six change of use criteria detailing the extent of any changes from the 40 Rentals use of the site to a WIRB business use. 2. Use of Asphalt Areas — The revised site plan depicts areas between the roadway and the new fence as "asphalt placed by others." Identify how these areas will be used if there is no landscaping installed. Identify if parking or other activities will be permitted in these areas. Refer to the red line site plan for reference. Also, please note that South King Fire and Rescue may also have comments pertaining to gate and building accessibility. 3. Garbage and Recycling — Denote the location of the garbage and recycling facilities. If these are new facilities, they must meet the provisions of FWCC Section 22-949, must be screened, and may not be located in required yards. 3 FWCC Section 22-32.2(1)(a) 4 FWCC Section 22-334(a)(1), Change of Use Doc. I.D. 48097 File 08-105888-UP Mr. Mike Hovland December 15, 2008 Page 3 of 4 4. Auto Repair and Painting — Note #6 of FWCC Section 22-753 requires that, "Auto and boat body repair and or painting may be permitted under this section only if (a) building layout and design mitigates impacts of dust, fumes, noise, flare, or discharge on neighboring uses, protects neighboring uses and natural systems from accidental spillage, leakage or discharge of hazardous materials or pollutants; and (b) All operations, service, painting and repair must be conducted within enclosed buildings." If there is any repair conducted at the site, please confirm in writing how these requirements will be met. 5. RV Storage — Note #10 of FWCC Section 22-753 requires that, "Exterior storage of recreational vehicles is permitted only when it collocates with a self-service storage facility." Please confirm in writing how these requirements will be met. 6. Condition of Vehicles — Note that under FWCC Section 22-1, Definitions, junk or junked vehicles are defined as damaged, apparently inoperable, and or without a current valid registration plate. Under FWCC Section 22-952, "...it is a violation of this code to accumulate junk, or for a property owner or the person in control of property to allow junk, junked or inoperable vehicles to accumulate, on the subject property. In addition, a junkyard is not permitted in the city." Please provide information about the condition of vehicles to be stored at the subject site. 7. Chain Link Fencing - Under FWCC Section 22-1638(a)(6), if utilized in the BC zoning district, chain link fences that are visible from the public right-of-way or adjacent properties and not screened by type I landscaping shall utilize vinyl coated mesh and powder coated poles, dark colors, and architectural elements such as pole caps and/or decorative grids. During the Pacific Highway South roadway project, the City compensated the previous owner to relocate the existing chain link fence outside of the newly acquired right-of-way. The original fence was relocated. New chain link fencing has recently been installed along the north and the south sides of the subject property. Some of this fencing replaces the original fencing and some of it is relocated adjacent to the new right-of-way location. Although relocated, the new fencing would be considered maintenance as the fence was permitted with the original outdoor storage use. As such, the replaced fencing will not be required to meet FWCC Section 22-1638(a)(6). However, any new fencing proposed at the site is required to comply with current code. 8. Nonconformance — As previously noted, under FWCC Section 22-334, Nonconformance, when a use has ceased more than. one year the site must be brought up to standards consistent to those when the building first opened. Anything that is relocated or changed must meet current FWCC code standards. In the case of this site, the building which had been vacant more than a year must be repaired and painted, the parking stalls must be striped, and landscaping along the east and south sides of the building must be restored.' Also, those parking stalls that were relocated to the north side of the building must conform to current code requirements. To that end, parking lot landscaping consistent with FWCC Section 22-1567 must be added alongside the parking stalls. Please revise the site plan and project scope to depict building painting and landscape installation. Also see #9 below. 9. Revised Site Plan — The site plan e-mailed on November 20, 2008, depicts slightly revised locations for the parking stalls, drive aisles, and fencing as a result of roadway changes from the Pacific Highway South roadway project .6 In addition, the parking stalls along the front of the 5 All vegetation along the east and south side of the building was removed following Process I approval. 6 The plan still includes the outdoor storage of vehicles that is consistent with the previous 40-Rentals use. Doc. I.D 48097 File 08-105888-UP Mr. Mike Hovland December 15, 2008 Page 4 of 4 building were reduced to six; an RV parking area was enlarged; and the proposed perimeter and interior parking lot landscaping was been eliminated! This e-mailed plan is difficult to read and it lacks labels required by the City. Please provide four full size corrected copies of this revised plan. 10. Public Works Comments —November 20, 2008, comments from Senior Engineering Plans Reviewer Ann Dower are enclosed. Note that the original WIRB Phase I was reviewed under a Use Process I application. As WIRB Phase II has not yet received land use approval, it must also be reviewed as a Process I application. As a Process I application, hourly fees of $75.50 per hour are assessed. Note that with this letter, I have revised the file number to 08-105888-UP; please use this file number with any subsequent correspondence. Land use fees will be due at the time of land use approval unless building permits are required for any work approved with this land use action, in which case the Process I fees will be due before the building permit is issued. When resubmitting, please provide five copies of any revised plans, a cover letter, and the enclosed resubmittal information form. I can be reached at 253-835-2642 if you have any questions about this letter. Sincerely, k,s Deb Barker Senior Planner Eric: Red Line Plan Comments from Ann Dower FWCC Section 22-753, BC Zoning FWCC Section 22-1, Definitions FWCC Section 22-334, Nonconformance FWCC Section 22-949, Garbage and Recycling Resubmittal Information Form c: Ann Dower, Senior Engineering Plans Reviewer Soma Chattopadhyay, Traffic Analyst Scott Sproul, Assistant Building Official Chris Ingham, South King Fire and Rescue Sue Down, WIRB, 29805 Pacific Highway South, Federal Way, WA 98003 Curt Nelson, WIRB, 627 East Francis Avenue, Spokane, WA 99208 7 The Phase I site plan met current code requirements for perimeter and interior parking lot landscaping. Doc I D 48097 File 08-105888-UP .. L �-� IT ��= AkCITY OF CITY HALL Federa �1tila 33325 8th Avenue South Y Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com August 12, 2009 Hovland Architects Michael Hovland Via E-mail: hovarcht@comcast.net 900 Meridian Avenue East, Suite 408 Milton, WA 98354 RE: File #08-105888-00-UP; WM PHASE U - ADDITIONAL INFORMATION REQUESTED 29805 Pacific Highway South, Federal Way, WA Dear Mr. Hovland: This letter is in response to your July 29, 2009, e-mail regarding a vehicle sales use at the subject property. In a June 10, 2009, letter the City of Federal Way requested information about vehicle sales uses and stated that RV storage is not permitted at the subject property unless a self service storage facility was established. Vehicle Sales - Your July 29, 2009, e-mail states that the WIRB business owner has found a car dealer who will lease space for vehicle sales at the subject site, be in operation seven days per week, and anticipates 30 customers per day. As noted in the City's June letter, a vehicle sales business operating at the site will continue the retail use of the site, thereby ensuring that a change -of -use has not occurred. The vehicle sales business operator must obtain a City business license as well as sigaage and/or tenant improvement permits before commencing operation. Copies of those applications are included with this letter. The WIRB site plan resubmitted on March 30, 2009, depicts an area for `Auto Sales' along the east side of the subject property. No changes to this site plan are needed for the auto sales area unless the location changes. Please be advised that failure to establish the vehicle sales use in a timely manner will render the subject property nonconforming with respect to change -of -use. As such, the vehicle sales use must commence within 30 calendar days of issuance of the WIRB phase II Process I decision and all required permits obtained. Further, a retail sales use must be maintained at the subject site unless the applicant obtains approval for a non -retail sales use. RV Sales - Your July 29, 2009, e-mail also inquired about other information needed. The June 10, 2009, letter clarified that RV storage is not permitted because the recovery business is not consistent with a self service storage facility as defined in the Federal Way Revised Code (FWRC) 19.05.190 `S' Definitions. RV storage is not approved with this application. In order for the City to issue the WIRB phase H Process I decision, the site plan must be revised to eliminate the RV storage area and all RV's must be removed from the subject property. This is the only site plan change needed in order to approve Phase II of this project. Please submit three full size site plans that eliminate RV storage from the site, along with the enclosed Resubmittal Information Form. I can be reached at 253-835-2642 if you have any questions about this letter. Sincerely, Po�k ulke�� Deb Barker Senior Planner c: Mr. Curt Nelson, WIRB, 627 East Francis Avenue, Spokane, WA 99208 Ms. Sue Down, WIRB, 29805 Pacific Highway South, Federal Way, WA 98003 Ann Dower, Senior Engineering Plans Reviewer, Public Works Rebecca Lemke, Code Compliance Officer, City of Federal Way Cathy Rossick, Finance, City of Federal Way enc: Business License Application Resubmittal Information Form TI Permit Application Doc I.D. 51128 PAR3 RES SM TTE L MENT OF COMMUNITY DEVELOPMENT SERVICES 33325 a Avenue South PO Box 9718 crx OF' MAR 3 0' 2009 Federal Way WA 98063-9718 Federal WayCITY 253-83v,Z .ci; Fax deralwavxo OF FEDERAL WAY www.cit ffederalwa .aom BUILDING DEPT. RESUBMITTAL INFORMATION This completed form MUST accompany all resubmittals. **Please note: Additional or re vised plans or documents for an active project will not be accepted unless accompanied by this completed form. Mailed resubmittals that do not include this form or that do not contain the correct number of copies will be returned ordlscarded. You are encouraged to submit all items in person and to contact the Customer Service Counter prior to submitting if you are not sure about the number of copies required. ** Project Number: b v - c3 _ l5 0 _ L Project Name: M 1 i� 6 Project Address: 2-1 vo5 fpa-. Project Contact: �41C14A1~L_ 46qLAPzi0 Phone: 'U53 •'73? - 811s RESUBMITTED ITEMS: # of Copies *" Detailed Description of Item 1 L r.p►.�s ' t a� 4 * * Always submit the same number of copies as requireo ror your miriai appucaawn. Resubmittal Requested by: _ Letter Dated:2L Member) Bulletin #129 —August 8, 2006 Page 1 of 1 UHandoutMesubmittal Information March 30, 2009 Deb Barker Senior Planner City of Federal Way 33325 e A venue south PO Box 9718 Federal Way, WA 98063-9718 Re: File # 08-105888-00-UP Dear Ms. Barker., RESUBMITTED MAR 3 0 2009 GIB�WAY LD NG p�P Thank you for your information and outline. This communication is intended to address each item and provide you the necessary information requested. (1) Proposed Site Use / Change of Use The site is currently used for the business of Repossession. Normal business hours are Monday through Friday, 8:00 a.m. to 5:00 p. m. 'Normal Business' includes the on -site office staff of 3 to 5 people who conduct the administrative side of the business, including phone, fax, computer contact with clients, releasing vehicles to transporters, and meeting with customers to release personal property from their vehicles. We have very little walk-in traffic or customer parking. This is usually limited to one or two visitors at a time. The parking stalls at the East end of the building are specified for visitors (to include the handicap stalls). WIRB employees will park at the west side of the parking stalls located at the front of the building. We ha ve 7 recovery agents who access the building and lot 24 hours per day to bring in vehicles, and/or transport them out to local auctions. These agents work mainly in the field and are on -site sporadically. When on -site, the agents are dropping off vehicles, working on the computer to update their accounts, and picking up or dropping off . paperwork. The agents park their trucks at the west end of the lot, near the bay doors, during business hours and evenings. The proposed use for the vacant ground floor space is for auto sales. Due to the declining economy and slow vehicle sales, we do not currently have a firm commitment on occupancy date. When the space is leased, the lot will be divided for vehicle display and additional visitor stalls will be added on the East (near Pacific Highway). The six change of criteria: 1. Hours of operation - Operating hours are Monday through Friday, 8:00 a.m. to 5.-00 p.m. 2. Required parking - We currently have 6 striped parking stalls (including 2 handicap stalls) 3. Traffic generation - Traffic generation is consistent with the use of the prior tenant and will be within the criteria of this location. Page One of Three 4. General appearance - We ha ve replaced the metal siding of the building and made it more aesthetically pleasing, as well as professional. 5. Type, extent, or amount of indoor or outdoor storage - Vehicle storage is transient, usually only 3 to 11 days. Vehicles may be stored on our lot until remarketing of the vehicle is arranged. 6. Constituents of surface water discharge or runoff - This will not change from what it has been. To help provide you a better and quick overview between our company and 40 RENTAL S (Bunce Rentals) we are demonstrating this comparison for your reference. As you can see, the two businesses are near identical in terms of hours, traffic, and business conduct WIRB Business hours: Sam - 5 40 RENTALS M-F _I Business hours: 7.•30am - 5pm, M-F Pick up collateral & store on location for customerslclienis Deliver collateral to destination for a fee Require identification before collateral released to customer/client Store equipment on location for pick-up by customers/clients Deliver equipment to destination for a fee Require identification before collateral released to customerlclient Insurance carrier establishes towing Insurance carrier establishes towing requirements for vehicles and vehicles requirements for vehicles and vehicles towed towed from lot by others from lot by others Collateral delivered to lot day & Reputation for pro Enforces safetyre Requires secured for deter theft Equi merit delivered to lot da & ni ht Reputation for professionalism Enforces a secured lot to deter theft Pro v/des training for all employees in Pro vides training for all employees in property proper towing & handling of towing and handling of equipment equipment (2) Use ofAsphaltAreas We plan to eventually move the fence out to the property line. There is currently no use of the asphalt area outside of the fence. We have installed Knox Box locks that contain keys for the gates at each entrance for the fire department. (3) Garbage and Recycling The garbage receptacle is on the far southwest corner of the lot. (4) Auto Repair and Painting No commercial auto repair or painting will be done on site. (5) RV Storage RV Storage is in conjunction with the collateral recovery business. The collateral secured on behalf of the financial institution is stored on our lot only until the remarketing plan is established. RV Storage is usually only 3 to 15 days. Page Two of Three (6) Condition of Vehicles Vehicle storage is generally only for 3 to 15 days. We rarely pick-up a damaged vehicle, and we work diligently to have the transport expedited on all vehicles. Any non - operating or damaged vehicles are stored on the west side of the lot. Auto Sales will be located on the East side of the lot, adjacent to Pacific Highway. The auto sales lot will be separated from the recovered vehicle areas by a six foot high galvanized chain -link fence. (7) Chain Link Fencing We propose that Highway 99 will be upgraded to six foot high black fencing. The interior fencing will be six foot high galvanized. (8) Nonconformance - The existing (or previous) landscaping was eliminated as part of the work, and the dedication of property, for the street improvements at Pacific Highway South to the East and at Dash Point Road to the North. During the project the contractor paved from the work at the streets to the existing asphalt at the WIRB site. It should be noted that most of the previously existing planting was on property taken for the street improvements. Due to the conditions that now exist, replacing the landscaping is not feasible. We propose adding special potting and plants within the fence line. Please refer to the attached Site Plan details (9) Revised Site Plan The attached Site Plan contains revisions that reflect our discussions over the past week or two. (10) Public Works Comments Any vehicles in questionable condition will have a designated storage area on site. This area will have padding a vailable to catch any oil/vehicle fluid run off and care will be taken to protect the environment and cleanliness of the location. It should be noted that it is rare that a vehicle damaged to the extent that leaks could occur are transported to the WIRB site - vehicles in that poor of a condition would be transported to body shop or repair facility. If you have any questions about this information, please feel free to contact us directly. Thank you, as always, for your assistance and support. Sincerely, E. Curtis Nelson CEO and President Michael E. Hovland Architect Attachments Page Three of Three Western International Recovery Bureau May 12, 2009 Deb Barker, Senior Planner Department of Community Development City of Federal Way Re: File 408-105888-00-UP Additional information Requested WIRB Phase II, 29805 Pacific Hwy S Federal Way Dear Ms Barker, Please accept the following information in response to your letter of request dated April 22, 2009, with regard to the WIRB Phase II site plan: 1. Change of Use: • Hours of operation: WIRE, Inc is not open for business on weekends. The search for a tenant for the eastern portion of the site, and the lower floor of the building, has not been successful. • Traffic Generation: Without a tenant, it is not possible to establish and expectation for traffic generation. 2. Garbage and Recycling: The garbage container is an existing container provided by Waste Management. We do not currently utilize the recycling service provided by Waste Management due to the excessive cost. We do, however, take our shredded paper waste to an off -site recycling facility. 3. RV Storage: The collateral recovery business is similar to the previous use (40 rentals) in that they stored vehicles, equipment and other rental items on a short term basis to support their business. The recovery business stores vehicles, RV's etc., on a short term basis to support its business as well. 4. Site Plan: The revised site plan is attached and indicates the area for vehicles in "questionable condition", the location of staff parking and visitor parking, and the existing catch basin location. If you have further questions or require additional information, please feel free to contact me. Thank you, once again, for your time and consideration of our effort. Sincerely, E. Curtis Nelson President and CEO WIRE, Inc. 627 East Francis Avenue Spokane, WA 99208 Enclosures: RESUBMITTED - Site Plan - Letter from City dated April 22, 2009 MAY 13 Z009 CITY OF FEDERAL WAY BUILDING DEPT. August 20, 2009 Ms. Deb Barker Senior Planner City of Federal Way, City Hall 33325 8`h Avenue South Federal Way, WA 98063-9718 RE: File 08-105888-00-UP; WIRB Phase II Dear Ms. Barker: This communication is regarding your letter dated August 12, 2009, addressed to Hovland Architects. First, with regard to your requirement that we have our tenant commence sales of vehicles within 30 days of the issuance of the WIRB phase II Process I decision and have all permits obtained within that limited timeframe, we understand this request and will guarantee our best effort to ensure this is completed in a timely manner. However, not withstanding unforeseen circumstances, we hope that you will demonstrate cooperation should our efforts or the efforts of our tenant exceed the 30 days, as long as it is shown that we are pursuing your requirement with good will and intention to satisfy your demand. Second, with regard to the remainder of your letter, please be advised that we are concerned you are misinterpreting our intent and business operations for this site, which, at this stage of our efforts and communications, causes a high level of concern for us. From the onset of our discussions and written communications, we have been very clear about our operations and were under the impression that you understood what it is we do. In your letter, you outline FWRC 19.05.190 and then claim we are using our facility as a self storage facility. This is false and incorrect and, at no time during any of our communications, either written or verbal, have we implied in any way that we would be offering, maintaining, or managing storage units. Quite honestly, we are confused as to why you would send such a communication. There have been no changes to our original application or plan for usage. Every communication from us to date has been clear about what we do and how we do it. Our intent still remains in compliance with the site use plan as outlined by Federal Way. Further, in a recent meeting, we explained to you - in person - the nature of our business and took the time to explain that RV's can be a part of the collateral — vehicles — which we repossess. It is only with today's current economy that we are experiencing an unusual increased number of RV's, otherwise, the recovery of RV's is considered somewhat rare. With this said, even with the temporarily increased volume, our use of the site has not changed and is never intended to change to storage. We repossess vehicles which we transport to the lot for only a short period of time that allows for the proper paperwork to be processed so that the vehicles can be sold or transported to a different location immediately. As a side note, with regard to vehicle sales, for your information, even standard car dealerships frequently have RV's that they sell. RV's are considered vehicles. If your problem is with RV's rather than storage, please also be advised that the only language and written definition available is found under FWMC, Chapter 19.05.220 which makes no differentiation between auto and RV. If you are choosing to make an arbitrary definition on behalf of the City of Federal Way, please be aware that your arbitrary definition may cause harm to our business and jeopardize all efforts in working with you to date. We hope you will reconsider your position and understand that our intention is to work cooperatively with you while trying to operate our normal business under positive and agreeable circumstances. If you do not believe this to be true or you feel differently, we welcome additional discussion. Sincerely, E. 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