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11-102590CITY OF ti Federal Way November 10, 2011 Michael Hovland Hovland Architects 900 Meridian Avenue East, Suite 408 Milton, WA 98354 CITY HALL 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com RE: FILE #11-102590-00-AD; Tow LOT MODIFICATION TO APPROVED SITE PLAN WIRB, 29805 Pacific Highway South, Federal Way, WA Dear Mr. Hovland: The Department of Community and Economic Development has completed review of the proposed modification to the approved site plan. This letter conditionally approves the addition of a tow lot use to the vehicular retail sales business and the vehicle recovery business (Western International Recovery Bureau or WIRB) at the above -referenced site. Zoning for the subject property is Community Business (BC). Vehicle sales as well as tow lots are permitted uses in the BC zone under Federal Way Revised Code (FWRC) 19.220.030 "Vehicle and equipment, sales, service, repair." The revised WIRB site plan prepared by Hovland Architects, dated September 2011 and submitted on September 28, 2011, depicts the proposed tow lot use and the vehicle recovery area sharing the parking lot on the western side of the site. The vehicle sales business is maintained on the eastern side of the parking lot. The two parking areas are separated by a 6-foot-tall chain link fence; all businesses have offices in the existing building. CONDITIONS OF APPROVAL Based on the city's review, the addition of the tow lot to the auto recovery business is approved subject to the following conditions: 1. A Federal Way city business license application for the tow lot use shall be submitted to the City of Federal Way City Clerk. 2. Towed vehicles that are leaking fluids shall be restricted from the property. No damaged vehicles shall be located within the existing building. 3. Tenant improvements associated with the tow lot use require building permits. Mr. Mike Hovland November 10, 2011 Page 2 This decision shall not waive compliance with future City of Federal Way codes, policies, and standards relating to this project site. If you have any questions, please call Senior Planner Deb Barker at 253-835-2642. Sincerely, Isaac Conlen, Planning Manager for Patrick Doherty, Director enc: Revised WIRB Site Plan prepared by Hovland Architect, dated September 2011 c: Curt Nelson, Nikilexi LLC, 723 East Francis, Spokane, WA 99208 Joseph Brogan, Attorney, Foster Pepper, 1 I 11 Yd Avenue, Suite 3400, Seattle, WA 98101-3299 Deb Barker, Senior Planner Ann Dower, Public Works Senior Engineering Plans Reviewer Scott Sproul, Plans Examiner Chris Ingham, South King Fire and Rescue File 08-105888-00-UP Doc I.D. 51728 < z - ypnoS ApmL161H Hyped L� Li 0 } v J — 9'S3Nl0 A9 Ln39,Jno Z IL � --- =�13N17 I ! UlmJ J� ( I ~ El o ! a— } UI OUR4 f w 10 O Z w - J zo m I r\11 O A Z Si u, f z I W j m > 9NINIlVd 33AOIdW3 _ sa 3 c� H _g I O i N 1, } Wu 1 OG Vf u °fin �r4wrija Ol ?ay�sar•nn `_1.15��3 —� a.Ib EO.ION , J O O N ' fV !4 N 7 V, Ln >c IL N � H 12a~ c O ;4 O; 'o ,40 > N N mq ,. NN coo® MA oc 1 - +I r m N N N fV W V z w � 3 Res 8MI-rTED p 2 S 2011 FEDERAL WAY Cif CDS F- U �d3F,i� September 29, 2011 Deb Barker Senior Planner City of Federal Way 33325 6 ' A venue South Federal Way, WA 98063-9718 Re: File # 11-102590 AD - WIRB 29805 Pacific Highway South, Federal Way Dear Ms. Barker., We are in receipt ofyour letter dated June 30, 2011, requesting additional information. The following responds to your request on an item by item basis. Building Department Scott Sproul' Mr. Sproul discusses the Occupancy based on the International Building Code indicating that the portion of the building with stored vehicles should be classified S-1 Occupancy. In Revision Number2 of our on final ermit submittal dated 5gbruaty 29 2008 we made that revision in res onse to a question from the Buildm De artment co of Revision enclosed. Therefore no Chan e of use analysis- is necessa Planning Department, Deb Barker. - "Please indicate if the tow lot would replace the recovery use or would it be combined with the recovered vehicles. Depict where the proposed tow lot would be located on the enclosed map as well as where customers recovering their vehicles will park. " The attached revised Site Plan dated Se tember29 2011 clarifies where the towed vehicles and the recovered vehicles will be located. It also identifies where employees and customers will ark. "Landscape plans approved for Phase ll in November2009 have not been installed as yet." Theeastempoftianofthe site Auto Sales and a ortion of the exitin buildin have been leased by the Contractor workin Pacific Hi hwa South. A decision was made NOT to com fete the landsca in as there would be construction vehicles sta a arkin b em 10 ees of the construction com an tem ora offices and materials stored on site. Landsca in installed Burin the time the confractoroccu ied the site would be at risk. The im rovements to Pacit c Hi h way should be com feted by the end of the i,,ear Mr. Nelson has ahead contracted for com letion of the lands ca ina and Will coordinate that work once the Contractor is off of the site. Photo ra hs of the affected onion of the site are enclosed. At this time it appears that there are no issues outstanding -save the landscaping. Ifyou have any questions, please feel free to contact me at 253 737 8775 or meh60[1a live. com. IS,innc;e" RESUBMITTED Michael E. Hovland, Architect SEP 2 2011 c: Curt Nelson, Nikilexi L L C 723 East Francis, Spokane, WA 99208 CITY OF FEDERAL WAY CDS Attachments Michael E. Hovland 900 MerTdian East14211 • Milton, Washington 98354.253.737.8775 - fax253.815.1100 - meh60Qa iive.com �A 's a ju 0 z z a � IL W O p uW r N gO� v 2 L 3L 41 ! SJWIO. . eT�i 1 I �W = ! H • � �dC31� 3C Gw2w I �W = ! H • � �dC31� 3C Gw2w L WOS Aem46;N 3Wed -5 ptf) N � Gww1O ke srl:)ebn:) --� E $ 19 ' r w CL • � M � i ��yl�\���•I � ' N r¢v � ;1••��,aL � .. pN� N V o p® eL of f w °1 0 Z +h �c z � n cv . In BNI}MVd 33AcndW3 Z 1• r .-• u, In 44 ��a0J. In r+MW3a O13JV:)GO rol OUST 3 r i A 1143MAONdwi My UO I ,•_ O rr�� BC Zone- Community Business _ Lot Area 78,671 s.f. approximate This takes into account the land taken at Pacific { I Highway and Dash Point Road, however, the final square footage needs to i verified due changes from the road improvements. I Building Areas Existin Proposed First Floor 8,066 s.f. 8,066 s.f. Upper Floor_ 1 809 s.f_ 1,479 s.f. Mezzanine to be demo ----, Setbacks: _ _ _ Front Yard _2d Feet Side yard l 0 Feet Existing Rear Yard 0 Feet Building Height - Maximum Allowed I jo r-eei Proposed _ z6 Feet Appraxange J Parking _ .. ..... --- - -- ---------- -----� Re wired: ` _ 8 066 s.f. 1 479 s.f. _ —j _ 9,545_s.f. 1_per 300 s.f. = 32 spaces -� Provided f 33 Stalls Note: 32 stalls are designated on the Site Plan as the required stalls 1 i Staindard Stalls ITwo- Way ©rive Aisles ­ - t t-6r'rior FfP_A Stalls !' X 18' 30 provided _See Site Plan µ-2 Two Provided — L2ndscarpinglPlazas South, East and North 5' - Type 111 i Praperty Lines 1 West - side yard 15' Type I Existing La E'Utflic Plaza 1 Provided 400 s.f. + /- Building criteria �- Construction T .e-~ _ VB Auto Sales B WV1F�,g,gffice 1 U er Flo V111FZg -ZrR-/, ir_st Floor E4"``'�nant ace 1 StOI•ane (Tenant Soace 115 '� • Recovery Specious! • Imestiparian • Callareral Safes • Skip Racing Would Inuianal Rumery luau • Licensed & /londed mal ►CIFIC HIC HWAY SDUTH :.AL WAY, WA S-1 landscaping to be bidderldes separate submittal to Nemair • r +o �� rn �� 3.157 s.f. - 100 = 32 1,47 .f.=100=15 2,114 s.f. 50e s 14 1.696 s.f. - ono = :3 i (867 S.F.) Sao Y Revisions No. jDate Item 1 01. R� /M/st . 2 2IL7l o$ C(ry comm4m fs Issue Date _ A ol. i!FjS - T. /, oNL a c C F n r r• a.ss2 RE h ICHAEI E STATE OF 1 View from North _4 j Faci�c Highway Temp. Const. Offices @ WIRB Bldg/Entry South end of lot from Pacific Highway Entry off of Pacific Highway View from South along Pacific Highway Intersection @ Pacific Hwy/Dash Point WIRR - September 2011 BC Zone- Community Business pproximate This takes into account the land taken at Pacific -Lo¢ Any 78.671 s.f. a Highway and Dash Point Road, however, the final square footage needs to verified due changes from the road improvements. Building Areas First Floor _ Upper Floor Setbacks: - - I Front Yard - ' Roar Yarn ling Height I Mavimi im AllnwZ Pro posed - Parking _ = Re uired- 1 8,066 s.f. + 1,479 s-f_ -- Provid-ad i Statndard Stalls TWO; Way Drive Aisles _- _ _ _I Barber Free Stalls LandscatpinglPlazas LPu outh, East and North o,est - side a rd Nic Plaza Buildntg Crrtena Cor�struction T .e _1 nccupan_cy -- -- Autt Sales W 11 R Ice 1 L' er Flo WIRES sift• T irst floor enant Space 115 9 • Recovery SP'ecialist • lrwestigatian • callaieral Sales • Skip Tracing Aa FWestern International Recevan Besealicensed & Bonded u • ►CIFIC HIGHWAY SOUTH Existing Proposed _8,066 sJ. i 8.066 s.f. �_ --- 1,809 s.f 1 ,479 _s.f. Mezzanine to be demo'd 20 Feet 1 0 Feet Existing 1 0 Feet 35 Feet 26 Feet _ Approximate�Existing} - No nq(�_ 9,545 s.f. 1 per 300 s.f. = 32 spaces_ ^ 33 Stalls Note: 32 stalls are designated on the Site Plan as the required stalls 9' X 18' 30provided _ See Site_ Plan_ _._ 2,� '. Two f�rovided 5' - Type III Landscaping to be bidderldesign - o separate submittal 15' Type i ' Existing Landscaping to Remain ; o 1 Provided 400 s.f. + /- �o - I � :AL WAY, WA B 3,157 s.f. _ 100 = 32 B : 1 47 f. 100 = 15 1.696 s.f.3— S-1 1 (867 S.F.) 5a 7_ _-- RESUBMITT Revisions SEP 2 8 2011 No. 1 Date 0l Qom— Item CDS 2 21�7y o& a coo,-tmA<5 v�. u_o S Pig 1�Ptssj Issue Date A o�. ? 6S - 7-:1, oNLx B C 4.552 RE MICHAEL E STATE OF View from North Entry off of Pacific Highway Temp. Const. Offices @ WIRB Bldg/Entry South end of lot from Pacific Highway View from South along Pacific Highway Intersection @ Pacific Hwy/Dash Point RESUBMITTED WI'RS - September 2011 SEP 2 8 2011 CITY OF FEDERAL WRY CDS CITY OF t Federal Way June 30, 2011 Mr. Joseph Brogan Foster Pepper 1111 3`d Avenue, Suite 3400 Seattle, WA 98101-3299 CITY HALL 33325 8th Avenue South Federal Way, WA 98063-9718 (253) 835-7000 www cityoffederal way. com RE: FILE #11-102590-00-AD; ADDITIONAL INFORMATION REQUESTED WIRB Tow Lot Inquiry, 29805 Pacific highway South, Federal Way, WA Dear Mr. Brogan: The City has received your May 20, 2011, letter regarding the potential addition of a tow lot to the above - referenced property. Upon reviewing your letter, staff agrees with your assumption that a tow lot is consistent with the permitted vehicle recovery use currently operating at the site and that establishing a tow lot would not require a change of use. ADDITIONAL INFORMATION REQUESTED In order to add a tow lot use to the site, additional information is necessary as discussed below. Building_ Department, Scott Sproul, 253-835-2633 Your letter states that any vehicle that would be leaking fluids would be stored inside the facility. Currently, vehicles that are permitted to be stored inside the building are those offered for sale in conjunction with the permitted vehicles sales use. Storing vehicles that are leaking fluids requires that the building occupancy be changed to an S-1 occupancy per the International Building Code (IBC). Please complete the enclosed change of use analysis sheet with any proposed improvements dictated by the S-1 occupancy, and reference applicable building permits required to facilitate the S-1 occupancy. Planning Department, Deb Barker, 253-835-2642 In April 2008, the City approved the WIRB vehicle rental/sales and recovery use at the former 40-Rentals site (File #08-101475-UP). This land use approval established vehicle rental/sales and recovery uses on the southern parcel, which contains the building. Phase II of the vehicle rental/sales and recovery use was approved on September 18, 2009 (File #08-105888-UP), and established the northern parcel with auto sales on the east side and the recovery use on the west side. Approved plans noted that the building would be used for offices, vehicles sales display, and minor repairs for vehicles for sale. Copies of these two approvals are enclosed. It is unclear from your letter precisely where a tow yard would be established. Please indicate if the tow lot would replace the recovery use or would it be combined with the recovered vehicles. Depict where the proposed tow lot would be located on the enclosed map as well as where customers recovering their vehicles will park. Mr, Brogan June 30, 2011 Page 2 Also, it should be noted that landscape plans for Phase II approved in November 2010 still have not been installed as yet. Please contact me at 253-835-2642 to have the installed landscaping inspected so that the Phase II permit can be closed out. Please do not hesitate to contact identified staff if there are any questions about this letter. Sincerely, A)A�� Deb Barker Senior Planner enc: Building Department Change of Use Analysis WIRB Phase I and Phase II Approval Approved Site Plan c: Scott Sproul, Plans Examiner Curt Nelson, Nikilexi, LLC, 723 East Francis, Spokane, WA 99208 Mike Hovland, 900 Meridian Avenue East, Suite 404, Milton, WA 98354 II-102590 Doc.1.D. 58146 RECEIVED BY Co ...... ONITY DEVELOPMENT DEPARTMENT M-) FOSTER PEPPERPLLC MAY 2 3 2011 Direct Phone (206) 447-6407 Direct Facsimile (206) 749-1935 May 20, 2011 E-Mail brogj@foster.com Ms. Deb Barker, Senior Planner City of Federal Way 33325 8th Avenue South ! c 2s-?o `J Federal Way, WA 98003 RE: Western International Recovery Bureau (WIRB) Proposed Recovery Business/Tow Lot Dear Ms. Barker: This firm is representing Curtis Nelson with regard to his pursuit of City of Federal Way ("City") land use approvals for a proposed Recovery Business and Tow Lot at 29805 Pacific Highway South in Federal Way, WA. Mr. Nelson asked me to review correspondence regarding this matter and advise the City of his position concerning certain permitting issues. Mr. Nelson's proposal to utilize a portion of the property as a tow lot is indistinguishable from uses already permitted by the City on the subject property. The potential environmental impacts of the tow lot operation are the same as the towing element of the existing permitted Vehicle Recovery Business. As noted below, the City acknowledged this fact in prior correspondence. The tow lot fits within the categorical exemption provided under WAC 197-11- 800-(3). With the added environmental controls described below, tow lot operations would not create "constituents of surface water discharge or runoff," thus, no Change of Use is triggered under FWRC 19.05.020. The City reviewed and approved the Vehicle Recovery Use (and its associated potential environmental impacts) in September 2009. In your March 10, 2011, email to Mr. Nelson, you presented a number of assumptions to support your conclusion that a tow lot use would require additional land use review. They included the following: 1. Tow lots involve long or short-term storage of vehicles. The length of time a towed vehicle is on -site is no different than a towed recovered vehicle. 2. Tow lot vehicles can be in any condition, including leakingfluids, fumes, or debris. Mr. Nelson indicates that 95% of tow lot vehicles are not damaged. The tow lot business typically receives operational motor vehicles from commercial tow service operators, i.e., illegally parked vehicles, apartment complexes, and impounds by the State Patrol. These vehicles are, in most cases, in the same condition as towed "recovered vehicles," which are already a permitted use on the property. TEL: 206.447-4400 PAx:206-447.9700 1111 THIRD AVENUE, SUITE 3400 SEATTLE, WASHINGTON 98101-3299 www.FOSTER.com 51144506.1 SEATTLE WASHINGTON SPOKANE WASHINGTON Ms. Deb Barker May 20, 2011 Page 2 3. The impacts are greater than those generated by a car rental/sales and recovery business. The City reviewed this issue in November 2008, and stated, in writing, that this was not the case. In a November 20, 2008, internal memo, Ann Dower assumed that "Auto Recovery will likely include towing and storage of autos that are leaking oil." Therefore, the City considered these very same potential environmental impacts before it approved the Phase II Permit in September 2009. 4. A tow lot has the potential to create a change in the "constituents of surface water discharge or runoff'' from the approved use. There is no difference in the potential environmental impacts of towed and towed recovered vehicles. They share the same characteristics. Ann Dower acknowledged this when the City permitted the Vehicle Recovery use in 2009. 5. "Constituents is a change of use from the approved car/rental sales and recovery use. There is no difference in constituents and therefore no Change in Use. Any vehicles that would be leaking fluids will be stored inside the facility. Fluid leakage would be managed through Best Management Practices, including use of drain pans and fluid retention barrels. There are no storm drains inside the building; therefore, no leaking fluids would be exposed to the elements or come in contact with surface water runoff. (This is new information that the City did not have at its disposal in March 2011.) Please review these responses and notify me or Mr. Nelson if the City agrees that no Change of Use is necessary in light of the fact that: (1) no previously unidentif ed environmental impacts are present, and (2) that water quality impacts, should they occur, would not create a change in constituents of surface water discharge or runoff due to their location inside a facility, with appropriate BMPs. We would be happy to address any additional details about the proposal. Please do not hesitate to contact me at 206-447-6407 if you have any questions about this letter. Sincer 1 Joseph A. Brogan cc: Curtis Nelson, WIRB Michael Hovland, Hovland Architects 51144506 1 Deb Barker From: Deb Barker Sent: Thursday, March 10, 2011 2:26 PM To: 'curt@wirbinc.com' Subject: Comments on a tow lot and WIRB with handouts Attachments: 044 Preapplication Conference.doc; 003 Master Land Use Application.doc Hello Curt - I have had an opportunity to look into tow lot requirements and the WIRB site based on your inquiry. Tow lots are permitted to be established in this zoning district under FWRC 19.220.030, Vehicle and equipment sales service, repair, rental. However, a tow lot use at the WIRB site appears to require additional land use review as discussed below. You may recall that in April, 2008, the City determined that the proposed car rental/sales and recovery business was not a change of use from the previous 40-Rentals business use, and the WIRB business was permitted on the former 40-Rentals site subject to Process I review. (Process I review was required with the minor parking lot modifications proposed in conjunction with the new business.) The City noted that the outdoor storage associated with a vehicle sales use was consistent with the outdoor storage of equipment created by the previous 40 Rentals use. The recovery business was not consistent with a retail use, so was considered to be accessory to the vehicle rental/sales use. The second phase of the car rentaPsales and recovery use was approved in September, 2009 However, tow lots involve long or short term storage of vehicles that can be in any condition, including leaking fluids, fumes or debris. The resulting impacts of a tow lot are not consistent with those generated by a car rental/sales and recovery business. A tow lot has the potential to create a change in the "constituents of surface water discharge or runoff' from the approved use. Constituents... is a trigger for a Change of Use (FWRC 19.05.020). A tow lot would be considered to be a change -of -use from the approved car rental/sales and recovery use. As a change of use, the tow lot would not meet the Categorical Exemptions of State Environmental Policy Act (SEPA) under WAC 197-11-800-(3) Repair, remodeling and maintenance activities which states that "The following activities shall be categorically exempt: The repair, remodeling, maintenance, or minor alteration of existing private or public structures, facilities or equipment, including utilities, involving no material expansions or changes in use beyond that previously existing." SEPA review is required. When SEPA is required, Process III review is triggered, as well as the requirement of a preapplication conference. You should also be aware that a tow lot use may require installation of oil control methods from the 2009 King County Surface Water Manual (KCSWDM), in addition to water quality upgrades under FWRC 19.30.120 Nonconforming water quality improvements. I've enclosed copies of relevant forms and handouts with THIS e-mail. The first step to pursue if you are interested in a tow lot is to apply for a preapplication conference. Please do not hesitate to contact me if you have any questions about this e-mail. Regards - Deb Barker, Senior Planner Community and Economic Development Department City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 253-835-2642 (p) 253-835-2609 (f) deb.barkei-r citvo. federalway.com Zoning code: http:llwww.codepublishing.com/WA/FederalWayl April 16, 2008 Mr. Mike Hovland Hovland Architects 900 Meridian Avenue, Suite 408 Milton, WA 98354 RE: FILE #08-101475-00-UP; DIRECTORS APPROVAL WIRB INC - PHASE ONE, 29805 - PACIFIC HIGHWAY SOUTH, FEDERAL WAY, WA Dear Mr. Hovland: The City has completed land use review of the Process I application and conditionally approves Phase I of the proposed Western International Recovery Bureau (WIRB) facility, including establishment of the automotive sales and business offices, site storage and auto detailing for the auto recovery business. Formal land use plans were submitted on March 20, 2008, and requested information submitted on April 10, 2008. Zoning for the site is Community Business (BC). Automotive sales, repair and office uses are permitted within the BC zoning district pursuant to Federal Way City Code (FWCC) Section 22-751 "Vehicle and Equipment Sales, Services, Repair, and Rental." Information on submitted plan sheet A1.0, prepared by M. Hovland Architect March 26, 2007, depicts vehicle sales, vehicles storage, vehicle detailing, and the business office associated with the vehicle recovery business conducted within the existing building. Under Phase 1, eight parking stalls including accessible parking stalls and a landscape island will be established along the north side of this building; a five foot wide concrete walkway will be added to the south side of the building to provide a required exit pathway; a 1,020 square foot plaza will be. located between the east side of the building and the Pacific Highway South right-of-way to provide an at -grade entry into the building; and a 2,000 square foot area at the west and north sides of the building will be established as RV storage. 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 fagade are proposed in Phase 1. Future phases, including perimeter and parking lot landscaping for the balance of the site will be confirmed following completion of the Pacific Highway South roadway widening project, and are not approved with this letter. The subject site was developed in the early 1970's and does not meet current code standards. A preapplication conference conducted in May 2007 identified several nonconforming site conditions and associated thresholds to require compliance with code as follows: o The last business to operate at this location was the 40 - Rentals business, which included outdoor storage of some heavy rental equipment. According to the City's business registration database, this business ceased operations on January 10, 2000. Based on the FWCC 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 car rental/sales and recovery business at this location would not constitute a change of use as defined in FWCC Section 22-1. o The assessed value of the existing building improvements is $66,600.00. The applicant submitted information to demonstrate that the improvement value of the proposed plaza and parking lot striping is $2,000. (The value associated with normal maintenance and tenant improvements is not factored into the equation.) As this is less than 50 percent of the existing value, nonconformance provisions identified in FWCC Section 22-334(6) are not triggered. Mr. Mike Hovland April 16, 2008 Page 2 of 2 o As the building use ceased in 2000, the applicant is required to repair and/or restore the improvements on the site to a condition as near as physically possible to the conditions required by the requirements of approval of the existing development before that new business can open. To that end, the applicant is conducting normal maintenance on the existing building, parking lot, and landscaping associated with Phase I in satisfaction of this requirement. Prior to opening of the vehicle recovery business to operate in the existing building, normal maintenance must be inspected and approved. The proposed 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 and support the approved architectural design; create no impacts to sensitive areas or significant trees; and will maintain existing building egress and pedestrian connections. As discussed above, the applicant has addressed the relevant nonconformance thresholds. A building permit for the proposed improvements has been submitted) for review.' Based on the City's review, the Process I application to establish Phase I of the automotive sales and business offices, site storage, and auto detailing for the auto recovery business is approved based on the following condition. Condition of Approval Prior to certificate of occupancy for the recovery business, the planning division shall inspect the building and site to verify that the existing improvements associated with Phase I have been repaired and/or restored to a condition as near as physically possible to the condition required by the requirements of approval of the existing development. 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 April 19, 2008, or three days from the date of this letter. Pursuant to FWCC Section 22-355(a), any person who received notice of the administrative decision may appeal this decision to the Federal Way Hearing Examiner by May 5, 2008 (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. Additional hourly Process I fees in the amount of $75.50 (2.0 hours at $75.50 per hour less a one -hour deposit of $75.50) are due at this time and shall be paid prior to building permit issuance. If you have any questions, please call Senior Planner Deb Barker at 253-835-2642. Sincerely, Greg Fewins, Director Community Development Services enc: Site plan prepared by M. Hovland Architect, March 26, 2008 c: Deb Barker, Senior Planner Ann Dower, Public Works Engineering Plans Reviewer Scott Sproul, Assistant Building Official Chris Ingham, South King Fire and Rescue Ms. Sue Down, WIRB, 33905 Pacific Highway South, Federal Way, WA 98003 Curt Nelson, Niklexi, LLC, 723 East Francis, Spokane, WA 99208 1 Construction permit 08-100378-00-CO is under review. Permit H08-101475-00-UP Doc. I.D. 44805 Mr. Curt Nelson September 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? 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 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. 'Landscape plan file #09-103544-EN- File 08-105888-00-UP Doc. LD. 51458 September 18, 2009 Mr. Curt Nelson 723 East Francis Spokane, WA 99208 RE: FILE 08-105888-UP; DIRECTOR'S APPROVAL, 29805 PACIFIC HWY SOUTH, FEDERAL WAY Phase H 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 II 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 78,671 square foot developed property located on parcel 042104-9033.1 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. 1 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 fagade were made under Phase I. Phase II 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. 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 Doc. 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