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99-10223733530 1 ST WAY SOUTH December 21, 1999 Ms. Carolyn Lake Williams, Kastner & Gibbs 1145 Broadway Plaza, Suite #1000 Tacoma, WA 98402 Fi Lo' (253) 661-4000 FEDERAL WAY, WA 98003-6210 VIA Fax (253)593-5625 Re: Cartland Property Located at 30459 Military Road South, Federal Way — File No. UP199-0028, Plumbing Service Contractor, King County Tax Parcel 092104-9100 Dear Ms. Lake: The city has completed an administrative review of your Use Process I application and letters dated November 29, 1999 and December 10, 1999, requesting approval of a plumbing service contractor business at the above referenced site. In summary, the proposed plumbing service contractor business use would be considered a legal nonconforming use of the subject property since the site has previously been lawfully used as a contractor yard as discussed below. This Use Process I decision is supported by the following information. The subject property is zoned RS 7.2 (Single Family Residential), and was previously occupied by Cartland Alarm, which included a dispatch operation and electrical contractor staging yard. The Cardand Alarm use was considered a legal nonconforming use, since the use was legally existing prior to incorporation of the City of Federal Way in February 1990. Further, on October 21, 1999, the city approved a Process I application to operate a towing yard at the subject site, based on the findings contained in the Process I decision for file UP 199-0021. The proposal for a plumbing contractor business does not exceed the change of use criteria contained in "Federal Way City Code" (FWCC) Section 22-1, as described in your November 29, 1999 and December 10, 1999, correspondence. Therefore, this approval is for a plumbing service contractor whose work is primarily conducted off -site and further described as follows: the business includes approximately 15 employees of which five would be on -site office staff and the remaining ten would be field workers; the business includes approximately ten commercial vehicles and parking for the 15 employees; the business includes outdoor storage of plumbing supplies of a temporary and incidental nature; hours of operation are 6:30a,m. to 6 p.m. Monday through Friday and 8:00 a.m. through 3:00 p.m. Saturday. Ms. Carolyn Lake December 21, 1999 Page 2 The decision may be appealed in the form of a letter delivered to the Department of Community Development Services (33530 First Way South, Federal Way, WA, 98003) by January 7, 2000, by any person who receives a copy of this decision, or by anyone who is aggrieved by this decision. The effective date of this decision is December 24,1999. An appeal letter must contain a clear reference to the matter being appealed and a statement of the factual findings and conclusions of the Director of Community Development Services disputed by the person filing the appeal, and must include the appeal fee. Any additional requirements of FWCC Section 22- 356 must also be followed. This decision does not waive compliance with federal, state, and City of Federal Way codes, policies, and standards relating to this development. Please be advised that opportunity for future expansion and/or modification of the nonconforming use and site improvements is limited under FWCC Article TV due to the residential zoning. In addition there may be code upgrades required based on the "Uniform Building Code" as a result of any tenant improvement work. A city business registration must be obtained prior to using the site by a plumbing service contractor. If you have any questions regarding this decision, please contact Jim Harris, Senior Planner, at (253) 661-4019. Sincerely, phen Clifton, P Director of Community Development Services Exhibits: 1. November 29, 1999,Williams, Kastner & Gibbs Letter to Stephen Clifton, City of Federal Way 2. December 10, 1999,Williams, Kastner & Gibbs Letter to Stephen Clifton, City of Federal Way c: Jim Harris, Senior Planner Vilma Taylor, 30432 Military Road South, Federal Way, WA 98003 Marilyn Powers, 34425 Military Road South, Federal Way, WA 98003 Robert Robinson, 30511 Military Road South, Federal Way, WA 98003 LAPRMSYSTOCUMENTUP199 0029\RESPNSE DOC Wdliams,Kastner&Gibbs rtic I LAW FIRM Carolyn A. Lake Attorney at Law (253) 552-4085 lakeca@wkg.com November 29, 1999 VIA FACSIMILE 1000 Financial Center 1145 Broadway Plaza Tacoma, Washington 98402-3502 Telephone (253) 593-5620 Tacoma (206) 628-2420 Seattle FAX (253) 593-5625 11477.0100 Stephen Clifton, AICP Director of Community Development Services City of Federal Way r,nnniv w ry RECEIVED BY DEPARTMENT 33430 1st Way South Federal Way, WA 98003-6210 NOV ]�� Re: Roger Cartland property, 30459 Military Road South; nonconforming uses. [Previous City File No. UP199-0021; King County Tax Parcel 092104-9100.] Dear Stephen: This letter is to confirm that a plumbing service contractor and storage facility would be allowed as a continuing nonconforming use on the property located at 30459 Military Road South, on which previously operated Southland Towing and Cartland Alarm. The parcel is zoned Residential Single Family (RS) 7.2, and the Comprehensive Plan designation is High Density Single Family. See Letter from Senior Planner Jim Harris to Roger Cartland of August 9, 1999. (Hereafter, Harris letter.) Time is of the essence to this request. Our client has pending sale of this property, which is contingent upon approval of the plumbing contracting business as a nonconforming use. The sale must be closed no later than mid -December. Because the City has so recently reviewed the history of this site's use and affirmed its non -conforming status, we look forward to the City's speedy response to this inquiry. Thank you. A little background on the site might be helpful. Recently, on October 21, 1999, a letter from yourself to Roger Cartland confirmed that use as a towing yard with vehicle repossession and storage facilities on -site was permitted. (Hereafter, Clifton letter.) This letter also detailed the history of the property as a nonconforming use, acknowledging that Cartland Alarm had operated an electrical contracting yard and conducted dispatch operations, as well as subletting to an ornamental iron working company and a tree surgeon company. Clifton Letter; See also Letter of Roger Cartland to Martin Nordby of October 1, 1997. In August 1997, the City of Federal Way issued a business registration to Statewide Towing to operate a towing yard at the site based on the conclusion that the property had a history of similar non -conforming uses. See Harris letter. Seattle Tacoma 1046054.1 Stephen Clifton November 29, 1999 Page 2 In his letter of September 9, 1999, Roger Cartland advised Jim Harris that since Statewide Towing ceased using the site in July 1998, the site has been used by Abandoned Auto Towing (since September 1998) and was used by Evergreen Utility Contractors from January to April 1999. Prior to the site's use by Cartland Alarm, the site was owned by the Federal Way Water and Sewer District, which operated their accounting and billing office and their meter and service shop on the property, as well as storing dump trucks, service trucks, backhoes, ditchers, trailers, and pipe laying tools on site. See Cartland letter of October 1, 1997. Mr. Cartland now has a pending sale to a company, which would operate a plumbing service contractor business involving the storage of plumbing supplies and office/bookkeeping support. Much like Cartland Alarm, the company bids on plumbing construction contracts. The company crew performs the plumbing construction work, using materials stored on site. No customers visit the site. This use would be less intensive than the parcel's current non -conforming use as a towing yard. The "change of use" criteria in the Federal Way City Zoning Code, §22-1, include (1) hours of operation, (2) required parking, (3) traffic generation, (4) general appearance, (5) type, extent, or amount of indoor and outdoor storage, and (6) constituents of surface water discharge or runoff. Each of these criteria is addressed below. (l) Hours of Opera tio While the towing service operates 24 hours a day, 7 days a week, with typical office hours from 8:00 am till 5:00 pm (see letter from Walter L. Richmond of Statewide Towing to Martin Nordby of July 7, 1997, hereafter Richmond letter), the plumbing service contractor business would not be a 24 hour operation. Office hours might typically be from 8:00 am till 5:30 pm, with minimal restocking occurring after hours. This would be greatly decreased use over the towing yard, which of necessity included late -night traffic to retrieve cars and deposit them onsite, as well as vehicle maintenance. The towing service required parking for numerous employees, with additional parking and storage for towed vehicles and for the tow trucks themselves. The plumbing service contractor business would require less intensive parking. While during normal business hours parking would be required for company employees, "after hours" parking would be greatly reduced. In addition, given the prior storage of vehicles on -site, parking requirements during the day would not be increased. Overall, the parking use of the parcel would be less intensive with the plumbing service contractor business. 1046054.1 Stephen Clifton November 29, 1999 Page 3 (3) Traffic Generation The traffic generated by the plumbing service contractor business would also be less, overall, than that generated by the towing business, and would have the additional benefit of most traffic being generated during normal business hours. The primary source of the traffic for the proposed use would be company employees. This would be l.ss intensive than the prior towing use, which involved both the arrival and departure of heavy tow trucks as well as the depositing of towed vehicles on the property. (4) G-,neral ap9mcance The appearance of the property from offsite would remain essentially unchanged, though on site visitors would probably find the appearance of the parcel enhanced by the change from the towing yard to the plumbing facility. Many visitors would find the removal of towed and stored vehicles a visual improvement. The property is surrounded by an 8-foot fence of chain link construction with an 8 foot dirt wall inside used for sound barrier and vision block. See Richmond letter. The office is situated to block any vision to the parking area from the road, and the freeway borders the property to the east. (5) Type, extent, or amount of indoor -or vut_daorstorage The outdoor storage would be less intensive with the proposed plumbing service contractor business than it was with the towing facility. Some plumbing supplies will be stored outside. Inside storage might be slightly increased, given the stock of plumbing supplies, but should be no greater than the previous use of the property as an electrical contractor yard when the property was used by Cartland Alarm. Though overall the storage on the property will likely remain unchanged, the less intense storage of plumbing supplies versus automobiles favors the plumbing service contractor business. (6) Constituents of surface water dischazge or ninoff Once again, the plumbing service contractor business should generate less harmful runoff than the towing facility. The Federal Way City Code provides that the purpose and intent of Article IV of the zoning code, governing nonconformance, is to: 1046054.1 Stephen Clifton November 29, 1999 Page 4 Ensure a reasonable opportunity for use, maintenance and minor improvement of legally constructed buildings, structures and site development features, encourage a reasonable opportunity for change of tenants using such buildings, structures, or features, even when those buildings, structures and features do not comply with development regulations prescribed by this chapter, and provide more flexibility relative to structures and developments that were built in accordance with the codes and laws in effect at the time of construction. §22-325(b)(Emphasis added.) Approval of a plumbing service contractor business on the subject parcel would fulfill this purpose, and result in a less intensive nonconforming use than currently exists on the property. Similarly, examination of zoning designations under which a vehicle facility and yard are permitted reveals that bulk retail (including plumbing), warehouse, and storage are also permitted, as for example in the Community Business designation. These uses are viewed comparably by the City in its zoning regulations, and thus the plumbing service contractor business should be permitted on a site which previously served as a towing facility and impound lot. Finally, the close proximity of Interstate 5, which borders the property to the East, makes it highly unlikely that the property could ever be used as a residence so as to comply with the current zoning. Reducing the intensity of the nonconforming use benefits neighbors of the property and the City of Federal Way generally. We urge you to approve a plumbing service contractor business as a legal nonconforming use on the subject property. We look forward to hearing back from you as soon as possible and not later than December 10, 1999 to meet our client's transaction requirements. Thank you. Very truly yours, WILLIAMS, KASTNER & GIBBS PLLC AILED >'seTa s UY SIGNATURE Carolyn A. Lake CAL: gwh cc: Roger Cartland, Cartland Alarm Bob Sturbeck, Deputy City Attorney 1046054.1 ;-I WAha&LQ,Kastner&Gibbs PLLc LAW FIRM Carolyn A. Lake Attorney at Law (253) 552-4085 lakeca@wkg.com December 10, 1999 VIA FACSIMILE Stephen Clifton, AICP Director of Community Development Services City of Federal Way 33530 1st Way South Federal Way, WA 98003-6210 1000 Financial Center 1145 Broadway Plaza Tacoma, Washington 98402-3502 Telephone (253) 593-5620 Tacoma (206) 628-2420 Seattle FAX (253) 593-5625 11477.0100 L,P c(IM 11 rry RECEIVED By DEVELOPMENT DEPARTMEN-r DEC I 1 1999 Re: Roger Cartland property, 30459 Military Road South; nonconforming uses. [Previous City File No. UP199-0021; King County Tax Parcel 092104-9100.] Dear Stephen: This letter is to provide the information Jim Harris requested in his recent voice mail message. Attached to this letter is a Process 1 Application, per your request. The first piece of information you requested was the number of employees that would be employed by the Plumbing Service Contractor Business. The business currently employs approximately fifteen employees. Of these, five are "office" staff that would be on -site throughout the business day. The remaining ten employees are field workers, who would arrive at the site in the morning to pick up their trucks and would return with the vehicles at the end of the day. The next piece of information requested is the number of commercial vehicles on the site. There would be approximately ten vehicles, which would be stored at the site during nonbusiness hours. These vehicles will be off -site ("in the field") during the majority of business hours. The third piece of information requested was the type and extent of outdoor storage. This would be minimal. Most of the plumbing supplies would be stored indoors. Some incidental storage (such as of a few used water heaters that had recently been removed) would take place on a temporary basis, until such materials were moved off -site. The final additional information you requested was clarification on the hours of operation. The earliest any employees would arrive at the site would be 6:30 a.m., with most employees arriving between the hours of 7:30 and 8:00 a.m.. Most employees leave the business between 5:00 and Seattle 1046054.1 Tacoma Stephen Clifton December 10, 1999 Page 2 6:00 p.m., although a few employees stay until 6:30 p.m.. These hours would cover weekday operation. The business will also be open from 8:00 a.m. till 3:00 p.m. on Saturdays. If you require any additional information, please do not hesitate to contact me. Thank you for your review of our request. We have mailed the application fee under separate cover. Very truly yours, JA=MS,STNER & GIBBS PLLC Carolyn A. Lake CAL: gwh cc: Roger Cartland, Cartland Alarm Bob Sturbeck, Deputy City Attorney 1046054.1 12/09/92 THTJ 07:18 FAX 25366141-29 CITY OF FEDERAL WAY IM002 CRY OFt� - w FAF MAS.&ER LAND USE APPLICAiTION 1 ; „ DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33530 Firat Way south, Federal Way, WA. 99003 (253) 661-4000 - Fax (253) 661.4129 )EEC 2 0 1999 www.d.faderal-way.wa.us APPLICATION NO 1 [ Date December 10 1999 - "✓r_rfo— ProjectNeme Nonconforming use Certification Property Address/Location 30459 Military Road S. Parccl Numbcr(s) 092104-9100 Applicant Name: Roger Cartland Agent (If Different than Applicant) Name: Carolyn A. Lake Owner Name: Roger Cartland Address: 4503 South 346th St. Address: Williams, Kastner, & Address: 4503 South 346th St. Auburn, WA 98001 Gibbs Auburn, WA 98001 1145 Broadway Plaza, Suite #1000 Tacoma, WA 98402 Phone:(253) 838-9995- Phone:(253 )593-5620 Phone:( 253,)838-9995 FaX: ( 25) 924-0643 Fax: ( 253 )593-5625 Fax: ( 253 )924-0643 Email: rdcartland@aol.com I Email: lake ca@wkg. com Email: rdcarland@aol.com Signature: Signature: Signature: Zoning Designation Project Description RS 7.2 Comp Plan Designation High Density Single Family* Confirmation of Nonconforming Use continuity for Plumbing Service Contractor Business. Uniform building Code (UBC) Construction Type Type of Permit Required: (UBC) Occupancy Type SEEPA Checklist Notice Mailed Sign Board (Refer to Development Submittal Requirements Handout) Annexation R R Binding Site Plan R R R Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference X Process I (Director's Approval) Process II (Site Plan Review) Process III (Project Approval) Process IV (Hesriug Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI SEPA Only Shoreline Variance Conditional Use Short Subdivision Subdivision Variance REVLYI9771 vo R R R R R* R R R R R Rx2 R R R R R R R R R R R R R R R R R R R" R R R -• Ra"ired * = Onv *Comprehensive Plan Amendment Pending. Received Dec-09-99 07:18am From-2638814129 To-WILLIAMS KASTNER i G Page 02 CITY OF 33530 1 ST WAY SOUTH October 21, 1999 Mr. Roger Cartland 4503 South 346`h Street Auburn, WA 98001 (253) 661-4000 FEDERAL WAY, WA 98003-6210 FIL S Re: Property Located at 30459 Military Road South, Federal Way — File No. UP199-0021 King County Tax Parcel 092104-9100 Dear Mr. Cartland: The city has completed an administrative review of your September 9, 1999, letter and Use Process I application pertaining to the nonconforming use rights for a towing yard at the above referenced property. Additionally, this letter responds to the June 7, 1999, letter from E. Curtis Nelson regarding nonconforming zoning use rights at the above referenced property in regard to the following uses identified in Mr. Nelson's letter: • Towing, impounding, and secured storage of vehicles; • Complete automotive repairs; • Vehicle repossession and storage; and • Used car sales and transport services In summary, the proposed towing yard use would be considered a legal nonconforming use of the subject property since a towing yard use has been previously allowed at the site as discussed below. Storage of impounded and repossessed vehicles on a temporary basis is considered a component of a tow yard. However, automotive repairs, sales, and transport services are not permitted at the site. The city's October 1997, approval of a towing yard and reconfirmation of that approval through this Use Process I decision is supported by the following information. The subject property is zoned RS.7 2 (Single Family Residential), and was previously occupied by Cartland Alarm, which included a dispatch operation and electrical contractor staging yard. The Cartland Alarm use was considered a legal nonconforming use, since the use was legally existing prior to incorporation of the City of Federal Way in February 1990. Mr. Roger Cartland October 21, 1999 Page 2 The city's October 17, 1997, decision allowing a towing yard at the site was based on a demonstrated history of continuing similar uses at the property and the proposed towing yard did not exceed the change of use decisional criteria in the Federal Way City Code (FWCC). In October 1997, the city's change of use decisional criteria included the following factors: hours of operation, required parking, traffic generation, and general appearance. In October 1997; the city found that based on the change of use criteria listed above, the general character of the operation would not be modified by establishing a towing yard at the site as the towing yard use is comparable to the previous legal nonconforming use at the site (Exhibits A & B). Some of the relevant factors the city considered in making this determination included the following: comparable levels of vehicle use and temporary storage to Cartland Alarm which operated up to 35 vehicles from the site and had an average of 20 employees parked at the site daily, had similar operations 24 hours per day, and low parking demand for the public. No external physical changes to the site or buildings were proposed. A City of Federal Way business registration was subsequently issued to Statewide Towing for operation at the site in October 1997. City staff has researched the site history and project file while reviewing your current request. The project file includes three letters dated August and September 1997, from neighbors of the subject property. Each of the comment letters from the neighbors disputed the scale of the previously existing contractor staging yard and dispatch center as described in your letters of June 25, 1997, and October 1, 1997 (Exhibits C & D). Additionally, two of the parties providing comments to the city opposed the use of the site as a towing yard. In August and September 1999, the city received letters from Arborscan, Hi -way Prevention Patrol and Guards, and Gary Nino, which support your description of the scale of the former site usage. The city has determined that the size, layout, and improvements at the subject property are capable of supporting a contractor yard and dispatch operation as described in your prior correspondence. Based on this information, the city concludes that the site was previously used to the extent you described. The decision may be appealed in the form of a letter delivered to the Department of Community Development Services (33530 First Way South, Federal Way, WA, 98003) by November 8, 1999, by any person who receives a copy of this decision, or by anyone who is aggrieved by this decision. The effective date of this decision is October 25, 1999. An appeal letter must contain a clear reference to the matter being appealed and a statement of,the factual findings and conclusions of the Director of Community Development Services disputed by the person filing the appeal, and must include the appeal fee. Any additional requirements of FWCC Section 22- 356 must also be followed. Mr. Roger Cartland October 21, 1999 Page 3 This decision does not waive compliance with federal, state, and City of Federal Way codes, policies, and standards relating to this development. Please be advised that opportunity for future expansion and/or modification of the nonconforming use and site improvements is limited under FWCC Article IV. A city business registration must be obtained prior to using the site as a towing yard. If you have any questions regarding this decision, please contact Jim Harris, Senior Planner, at (253) 661-4019. Sincerely, Ste en Clifton, 01CP Director of Community Development Services Exhibits: A. October 17, 1997, City of Federal Way Letter to Department of Licensing B. October 17, 1997, City of Federal Way Letter to Taylor, Robinson, Powers C. June 25, 1997, Roger Cartland Letter to City of Federal Way D. October 1, 1997, Roger Cartland Letter to City of Federal Way c: Jim Harris, Senior Planner E. Curtis Nelson, 627 East Francis Avenue, Spokane, WA 99207 Bud Holter, Hi -Way Prevention Patrol, PO Box 1046, Milton, WA 98354 Bryce Landrud, Arborscan, 31515 - 44' Avenue South, Auburn, WA 98001 Gary Nino, 1329 North Bridgeview, Tacoma, WA 98407 Vilma Taylor, 30432 Military Road South, Federal Way, WA 98003 Marilyn Powers, 30425 Military Road South, Federal Way, WA 98003 Robert Robinson, 30511 Military Road South, Federal Way, WA 98003 LAPRMSYS\DOCUMENT\UP 199_00.2 Rdmisn, doc I t t r 'f JT�YO 33530 ISI WAY SOUTH October 17, 1997 FILE (253) 661-40M FEDERAL WAY, WA 96003-6210 Department of Licensing Master License Service PO Box 9034 ; Olympia, WA 98507-9034 ; Re: Hulk Hauler License for Slatew4ts Towing, UBI bll.Iw 0-725 Dear Sir or Madam: This loiter is an attachment to the Vehicle Transport/Disposal Addendum for Statewide Towing submitted to the City of Federal Way for zoning approval by Mr. Walter Richmond. The City of 1�edcral Way has approved this use in the proposed location, 30459 Military Road South, as a legal non -conforming use. The zoning for this propcM is resideatial-single faWty ,RS 7.2, however, the property has demonstrated a continuing history of similar uses. Please contact me if you have questions about non-eonforn ping uses or related issues. My plione, number is (253)661-4121. Respectfully, Martin Nordby Code Compliance Officer liurincrr rcgiyuution tilt Tuwlut].wpd EXHIBIT PAGE--!--OFI 0 CITY OF �YwM 33530 1ST WAY SOUTH October 17, 199 ! Ms. Vilma Taylor 30432 Military Rd S. Federal Way, WA 98003 ' Y (253) 661-4000 FEDERAL WAY, WA 98003-6210 Re: Statewide Towing's use of the Canland A,la.i,m privpeny 5:'. Dear Ms. Taylor: Additional review and evaluation of the history and uses conducted on the property at 30459 Military Road South, commonly referred to as the Gartland Alarm property, has been completed. In addition to information submitted by yourself and other property owners in the immediate area, additional information and photographs were requested and supplied by the property owner, Roger Cartland. Upon further evaluation of this new information, and photographs, Statewide Towing's use of the property as a vehicle impound or tow lot is considered a legal non-eonfot7ming use. No change of use, as defined in section 22-1 of the Federal Way City Code (FWCC), was determined to have occurred. Statewide Towing may continue to use this site as a vehicle impound or tow lot as long as they remain in compliance with section 22-332 of the FWCC concerning non -conforming uses. Please be advised a tow lot or impound yard is different than a wrecking yard or junkyard. The property may be used only for the temporary storage of impounded vehicles. Vehicles may not be dismantled nor is a parts or vehicle scrap salvage use permitted. lowlot7. wp1 EXHIBIT- 6 PAGE :- GF 6 Ms. Taylor October 17, 1997 Page 2 The information included in the file on this matter is public record and may be reviewed during regutar business hours. Pic='-' ontact me if you wish to review the file so that it can be made available. My phone nunil;� is 661-4121. Respectfully, )14� f W Martin Nordby Code Compliance Officer c: Walt 16chnio(Id Stawwidc Towing 30459 Military Road South 11uSernl Way. WA 98003 towiuu.,n)d EXHIBIT 6 .- RAC E —,L—OF c� CITY OF 33530 1 Sl WAY SOUTH October 17, 1997 Mr. Robert A. Robinson 30511 Military Rd S. Federal Way, WA 98003 L E (253) 661-4000 FEDERAL WAY, WA 98003-6210 Re: Statewide Towing's use of the Cadland'Ahm,' ''i: i4 Dear Mr. Robinson: Additional review and evaluation of the history and uses conducted on the property at 30459 Military Road South, commonly referred to as the Cartland Alarm property, has been completed. In addition to information submitted by yourself and other property owners in the immediate area, additional information and photographs were requested and supplied by the I property owner, Roger Cartland. Upon further evaluation of this new information, and photographs, Statewide Towing's use of the property as a vehicle impound or tow lot is considered a legal non -Conforming use. No change of use, as defined in section 22-1 of the Federal Way City Code (FWCC), was determined to have occurred. Statewide Towing may continue to use this site as a vehicle impound or tow lot as long as they remain in compliance with section 22-332 of the FWCC concerning non -conforming uses. Please be advised a tow lot or impound yard is different than a wrecking yard or junkyard. The property may be used only for the temporary storage of impounded vehicles. Vehicles may not be dismantled nor is a parts or vehicle scrap salvage use permitted. EXHIBIT'.__..B , PAGE__.;!_QF__L_ .3 11 Mr. Robert Robinson October 17, 1997 Page 2 The information included in the file on this matter is public record and may be reviewed during regular business hours. Please contact me if you wish to review the file so that it can be made available. My phone number is 661-4.121. Respectfully, Martin Nordby Code Compliance officer c: Walt Richmond Statewide Towing 30459 Military Road South Federal Way, WA 98003 tow1ot1wlxl EXHIBIT B PAGE--Y--OF_ 1 M CITY OF Y 33530 1 Sl WAY SOUTH October 17, 1997 Mrs. Marilyn Powers 30425 Military Rd S. Federal Way, WA 98003 FIL F (253) 661-4000 FEDERAL WAY, WA 98003-6210 Re: Statewide Towing's use of the Cartlaad Aloi!miiiuperty . Dear Mrs. Powers: Additional review and evaluation of the history and uses conducted on the property at 30459 Military Road South, commonly referred to as the Cartland Alarm property, has been completed. In addition to information submitted by yourself and other property owners in the immediate area, additional information and photographs were requested and supplied by the property owner, Roger Cardand. Upon further evaluation of this new information, and photographs, Statewide Towing's use of the property as a vehicle impound or tow lot is considered a legal non -conforming use. No change of use, as defined in section 22-1 of the Federal Way City Code (FWCC), was determined to have occurred. Statewide Towing may continue to use this site as a vehicle impound or tow lot as long as they remain in compliance with section 22-332 of the FWCC concerning non -conforming uses. Please be advised a tow lot or impound yard is different than a wrecking yard or junkyard. The property may be used only for the temporary storage of impounded vehicles. Vehicles may not be dismantled nor is a parts or vehicle scrap salvage use permitted. wwIou.wpd EXHIBIT � PAGE ,.i Mrs. Powers October 17, 1997 Page 2 The information included in the file on this matter is public record and may be reviewed during regular business hours. P1eaSe pontact me if you wish to review the file so that it can be made available. My phone number is 661-4121. Respectfully, Martin Nordby Code Compliance Officer c: Walt Richmond Statcwide Towing 30459 Military Road South Fcdcral Way, WA 98003 towlul].ajKl EXHIBIT PAGE-L2--4F.a- -41503 iiArJ: 3464h bitA-Ce04 liubmw=' W- )9000A Seattle 'I'a.aorna 3�a3/81��J-r31�4�7"asrr S'Jtf3/�7��.-O$.� City of Federal Way June 25, 1997 33530 1" Way South Federal Way, WA 98003 Attention: Planning and Land Use Dept. Reference: Request for additional land use at 30459 Military Road So. Federal Way, WA 98003 have owned and occupied the parcel of land located at 30459 Military Road South, Federal Way, WA 98003, For twenty years. The use of the property has been and is currently for an Electrical Contractor, Cardand Alarm. Cartland Alarm is mainly a Commercial, Industrial, Institutional, Contractor. We wired Alarms in all three State Penitentiaries, two School Districts, Port of Tacoma owned buildings, numerous High Rise Tower Fire Alarms and Hundreds of Large and Small Business. As a result of' such an operation the yard was used extensively for Cars, Trucks and Equipment of the trade. Flat beds, Trailers, Boom Trucks, Ladder trucks, Dump trucks, Racks, Ladders, Back hoes, Ditchers, Fourteen Vans, Twelve Station Wagons, three 4X4 Vehicle$, and parking for up to Fifty five Employees have been a daily use. The Shop was used for storage and fabrication of Custom Equipment and Servicing of the fleet. The Front Office is Certified as an Underwriter Laboratory Listed Building for Alarm Monitoring and Dispatching of Emergency Vehicles. Numerous changes to the Front Office Building were made in 1983 to acquire an Underwriter Laboratory Certification. One inch of stucco was installed on the outside walls. Three layers of glass is across the entire Front. One Way Glass on the. outside, Bullet Resistant L.exan Plastic in the center and Fire Retardant Wire Glass is on the inside. All other windows in the building are Wire Glass. Double Electronic Locking Entry Doors were installed with aWire Glass vestibule inside the entry. A 20KW Diesel Generator Plant provides power to the entire property in a power outage. An Automatic Electrical Transfer System starts the Generator. An (eighty Foot Radio Tower is used for Dispatching of numerous Emergency Operations, I.E. Patrol Services, Towing Companies, School Security, Port Security and Ambulance. Prior to our purchasing the property, King County Water District 124 owned the facility. 'File back shop and yard was used for parking, storage and maintenance of Dump Trucks, Service Trucks, Back Hoes, Ditchers, and many Tools of the trade in the process of operating a Water District. The Front Office was the District's Billing and Accounting Facility. We wish your consideration of additional use of this site. We believe the facility would be ideally adapted to a storage yard for impounds of vehicles. The facility affords one and one third acres of land completely fenced and blocked by a large berm of earth across the entire back line. The property is also secure due to the topography and layout of buildings and fences. The location of the site, centered between two major freeway intersections, 320 and 272 with easy access to highway 18, is a benefit for Washington State Patrol activity. The site would also work well for City of Federal Way and King County Impounds. I appreciate your consideration of the request as soon as possible. My Address is 4503 South 346"' Street, Auburn, WA 98001. My Phone number is (253) 838-9995. Respectibily Submitted, (Jkoger D. Cartland EXHIBIT-L. PAGE OF �-- ROG�.D.R Z7. Og1gTY..ac lvn 4803 Mouth 346th Btreet, g�1V„oir�_ Zt� _� 98001 6eattle 283/�38-9991f Taoome� ��3/9S3T.-3ti4� Fri[ 2JS3/924-�643 City of Federal Way October 1, 1997 33530 1st Way South Federal Way, WA 98003 Attention: Martin Nordby, Compliance Officer Reference: Land use at 30459 Military Rd, Federal Way, WA 98003 I have reviewed the qualified letter from Velma Taylor, submitted within the time allowed for discussion. I have also met with Velma to discuss the issues. I reminded Velma that Cartland Alarm had ten 1989 Chev. Astro Vans, one 1976 Chev, two 1972 Ford Vans, one 1978 Ford Van, one 1976 Chev Van, one Flat Bed & one Dump Truck. There were also two large Flat Bed Trailers & a large Reefer Storage Unit. These rigs were used in the process of Carttand Alarm installations. In addition, we had ten Dodge Aries station wagons, used by sales personnel & managers plus one 1987 Chev 4 x 4, a 73 Ford Bronco & a 1988 Chev passenger Van. Some of these vehicles went home with employees at night. However, each of these vehicles came to the Federal Way office Monday through Friday. Out of 55 employees, there were an average of 20 employee vehicles daily on the lot. We sublet space to Al Tree Surgery. They had two large Dump Trucks, a Chipper Machine & two to four employees cars on the lot. We also sublet to European Ornamental Iron & Gate. They had six to ten employees cars, a couple pickup trucks, a van & a large trailer. Three bays of the shop were used as a welding shop for their Gate Business. We also Dispatched for Highway Prevention Patrol & Guards. They kept four patrol cars on the lot. They also had, several employees cars. The front office is an Underwriter Laboratory Certified Alarm Monitoring Center & Professional Dispatch Center & Answering Service. Besides Monitoring for some 3,000 Cartland Clients we also Dispatched for Wells Fargo Security Services, Highway Prevention Patrol & Guard & Seattle Security. Their vehicles and personnel were in & out of the site at all hours of the day & night. In addition to the security involvement, we dispatched Redondo Towing & Al's Towing. The two Towing Companies ran five tow trucks which one or two rigs were often at the Dispatch Center. We Ieveled the back lot area about ten years ago. The reason being, we were climbing on top of each other. We pushed dirt up as high as a cat loader would reach along the back property line. We allowed a ten foot area around the west & north side as a green belt. The intent was to cut down on freeway noise to the neighbors behind our lot & to allow a natural look to the neighbors over a very busy business usage. EXHIBIT D PAGE JaF.,,2� Page 2 Cartland Alarin was involved i« several large out door alarm installations, I.E. State Penitentiaries, Port of Tacoma Yards, Motorhome & Auto Lots, Etc. We rented Ditchers & Backhoes from time to time & stored them on the lot. The Federal Way Water & Sewer District owned the property prior to Cardand. They stored Dump Trucks, Service Trucks, Backhoes, Ditchers, Trailers & other Pipe laying tools on the property. The back shop was their meter & service shop. The front office was their Accounting & Billing Office. The fact that the neighbors did not realize all this activity was going on would indicate we must have been doing a good job of maintaining peace. In Conclusion: My recent discussion with Velma Taylor revealed that she thought Statewide Towing & the Facility would turn into a wrecking yard. She was concerned with the appearance problem & that her property value would go down: I assured her that I was also concerned. The property use will be less busy with Statewide Towing than Cartland Alarm operations. Speaking for Walt Richards and myself, the property will never be allowed to look like a wrecking yard. Walt's lease strictly disallows his operation to become a public nuisance of any form, not just a wrecking yard or any unsightly looking operation. Walt has spent considerable time and effort cleaning the place up. His intent is to continue. His wishes are to look as good or better than Pete's Towing. I believe everyone should give him a chance. One could hold him to his pronuses if things start to look different. Hopefully this letter helps to clear up some misunderstandings. Respectfully Submitted, Roger D. Cartland cc Velma Taylor EXHIBIT PAGE-�F-=-- 4503 mouth 346th Bt�et, �ia�rro�rtieay �cg 9Bt701 Beattlo 2a3/838-9891i Tw.00m� 9S3/9�� i�'� s�s3/92�.-Q��3 City of Federal Way October 1, 1997 33530 1st Way South Federal Way, WA 98003 Attention: Martin Nordby, Compliance Officer Reference: Land use at 30459 Military Rd, Federal Way, WA 98003 I have reviewed the qualified letter from Velma Taylor, submitted within the time allowed for discussion. I have also met with Velma to discuss the issues. I reminded Velma that Cartland Alarm had ten 1989 Chev. Astro Vans, one 1976 Chev, two 1972 Ford Vans, one 1978 Ford Van, one 1976 Chev Van, one Flat Bed & one Dump Truck. There were also two large Flat Bed Trailers & a large Reefer Storage Unit. These rigs were used in the process of Cartland Alarm installations. In addition, we had ten Dodge Aries station wagons, used by sales personnel & managers plus one 1987 Chev 4 x 4, a 73 Ford Bronco & a 1988 Chev passenger Van. Some of these vehicles went home with employees at night. However, each of these vehicles came to the Federal Way office Monday through Friday. Out of 55 employees, there were an average of 20 employee vehicles daily on the lot. We sublet space to Al Tree Surgery. They had two large Dump Trucks, a Chipper Machine & two to four employees cars on the lot. We also sublet to European Ornamental Iron & Gate. They had six to ten employees cars, a couple pickup trucks, a van & a large trailer. Three bays of the shop were used as a welding shop for their Gate Business. We also Dispatched for Highway Prevention Patrol & Guards. They kept four patrol cars on the lot. They also had several employees cars. The front office is an Underwriter Laboratory Certified Alarm Monitoring Center & Professional Dispatch Center & Answering Service. Besides Monitoring for some 3,000 Cartland Clients we also Dispatched for Wells Fargo Security Services, Highway Prevention Patrol & Guard & Seattle Security. Their vehicles and personnel were in & out of the site at all hours of the day & night. In addition to the security involvement, we dispatched Redondo Towing & Al's Towing. The two Towing Companies ran five tow trucks which one or two rigs were often at the Dispatch Center. We leveled the back lot area about ten years ago. The reason being, we were climbing on top of each other. We pushed dirt up as high as a cat loader would reach along the back property line. We allowed a ten foot area around the west & north side as a green belt. The intent was to cut down on freeway noise to the neighbors behind our lot & to allow a natural look to the neighbors over a very busy business usage. D-9 Page 2 Cartland Alarm was involved in several large out door alarm installations, I.E. State Penitentiaries, Port of Tacoma Yards, Motorhome & Auto Lots, Etc. We rented Ditchers & Backhoes from time to time & stored them on the lot. The Federal Way Water & Sewer District owned the property prior to Cartland. They stored Dump Trucks, Service Trucks, Backhoes, Ditchers, Trailers & other Pipe laying tools on the property. The back shop was their meter & service shop. The front office was their Accounting & Billing Office. The fact that the neighbors did not realize all this activity was going on would indicate we must have been doing a good job of maintaining peace. In Conclusion: My recent discussion with Velma Taylor revealed that she thought Statewide Towing & the Facility would turn into a wrecking yard. She was concerned with the appearance problem & that her property value would go down. I assured her that I was also concerned. The property use will be less busy with Statewide Towing than Cartland Alarm operations. Speaking for Walt Richards and myself, the property will never be allowed to look like a wrecking yard. Walt's lease strictly disallows his operation to become a public nuisance of any form, not just a wrecking yard or any unsightly looking operation. Walt has spent considerable time and effort cleaning the place up. His intent is to continue. His wishes are to look as good or better than Pete's Towing. I believe everyone should give him a chance. One could hold him to his promises if things start to look different. Hopefully this letter helps to clear up some misunderstandings. Respectfully Submitted, Roger D. Cartland cc Velma Taylor �QGER 17.C��T'Is� ��17 4�iO3 6outh s46tL Bts�oet„ aubaxr�, 7i+l�$ BazO[►1 Seattle �S3/838-9995 Tsoomis PJa3/B��3-3�i�SaFaaaiC ��i�/lii�4-�$�S City of Federal Way dune 25, 1997 33530 1` Way South Federal Way, WA 98003 Attention: Planning and Land Use Dept. , Reference: Request for additional land use at 30459 Military Road So. Federal Way, WA 98003 1 have owned and occupied the parcel of land located at 30459 Military Road South, Federal Way, WA 98003, For twenty years. The use of the property has been and is currently for an Electrical Contractor, Cartland Alarm. Cartland Alarm is mainly a Commercial, Industrial, Institutional, Contractor. We wired Alarms in all three State Penitentiaries, two School Districts, Port of Tacoma owned buildings, numerous I ligh Rise Tower Fire Alarms and Hundreds of Large and Small Business. As a result of such an operation the yard was used extensively for Cars, Trucks and Equipment of the trade. Flat beds, 'trailers, Boom Trucks, Ladder trucks, Dump trucks, Racks, Ladders, Back hoes, Ditchers, Fourteen Vans, Twelve Station Wagons, three 4X4 Vehicles, and parking for up to Fifty live Employees have been a daily use. The Shop was used for storage and fabrication of Custom Equipment and Servicing of the lleet. The Front Office is Certified as an Underwriter Laboratory Listed Building for Alarm Monitoring and Dispatching of Emergency Vehicles. Numerous changes to the Front Office Building were made in 1983 to acquire an Underwriter Laboratory Certification. One inch of stucco was installed on the outside walls. Three layers of glass is across the entire front. One Way Glass on the outside, Bullet Resistant L.exan Plastic in the center and Fire Retardant Wire Glass is on the inside. All other windows in the building are Wire Glass. Double Electronic Locking Entry Doors were installed with aWire Glass vestibule inside the entry. A 20KW Diesel Generator Plant provides power to the entire property in a power outage. An Automatic Electrical Transfer System starts the Generator. An Eighty Foot Radio Tower is used 1br Dispatching of numerous Emergency Operations, I.E. Patrol Services, Towing Companies, School Security, Port Security and Ambulance. Prior to our purchasing the property, King County Water District 124 owned the facility. The back shop and yard was used for parking, storage and maintenance of Dump Trucks, Service Trucks, Back Hoes, Ditchers, and many Tools of the trade in the process of operating a Water District. The Front Office was the District's Billing and Accounting Facility. We wish your consideration of additional use of this site. We believe the facility would be ideally adapted to a storage yard for impounds of vehicles. The facility affords one and one third acres of land completely fenced and blocked by a large berm of earth across the entire back line. The property is also secure due to the topography and layout of buildings and fences. The location of the site, centered between two major freeway intersections, 320 and 272 with easy access to highway 18, is a benefit for Washington State Patrol activity. The site would also work well for City of Federal Way and King County Impounds. I appreciate your considerrtiion of the request as soon as possible. My Address is 4503 South 346"' Street, Auburn, WA 98001. My Phone number is (253) 838-9995. Respectfully Submitted, oger D. Cartland From: Darla Wise To: JIMH Date: 9/29/99 3:52pm Subject: Tow Yard VS Contractor Yard -Reply CONVERSION FROM A CONTRACTOR YARD TO A TOW YARD WILL INCREASE CONTAMINANT LOADING TO STORMWATER RUNOFF. WHEN A LARGE NUMBER OF USED AUTOS IN VARIOUS STATES OF REPAIR ARE EXPOSED TO RAINFALL YOU CAN'T HELP BUT INTRODUCE OILS, ANTIFREEZE, HYDRAULIC FLUID, GREASE, GASOLINE, AND HEAVY METALS INTO THE STORMWATER RUNOFF. tHE ONLY WAY TO PREVENT THIS WOULD BE TO PROVIDE OVERHEAD COVERAGE FOR THE ENTIRE 1 ACRE LOT AND THIS IS JUST NOT PRACTICAL. AT A MINIMUM THEY SHOULD PROVIDE STORMWATER QUALITY TREATMENT IN THE FORM OF A COALESCENT PLATE OIL/WATER SEPARATOR OR A COMPOST BIOFILTER. From: Jim Harris To: JIMF, DARLAW Subject: Tow Yard VS Contractor Yard Jim and Darla: This is a follow-up to my discussion with JIMF this morning about a proposal I am working on. The situation is this: An applicant is requesting to change a property from an existing Contractor yard/alarm dispatch center to a towing impound yard. Both uses operate 24 hours 7 days a week. In conducting my analysis I look at the change of use definition in the FWCC and one of the criteria for a change of use is to evaluate the difference in constituents of surface water discharge or runoff. My preliminary analysis of the other five FWCC change of use criteria is showing the proposed tow yard does not constitute a change in use from the contractor yard/dispatch center. This proposal is a unique site, in that the site is a non -conforming use in a residential zone. The site is approximately one acre in size, located on Military Road, and no changes to the site or existing building are proposed. I don't believe any drainage storage or water quality standards exist on the site. The site is largely gravel. In a nutshell, if a change in use does not occur, (per the definition) then the tow yard use can be established. If the change of use criteria are exceeded, then a change of use process would be triggered. Since this is an unusual proposal, I am soliciting our development review and SWM division advice (expertise) on the following: constituents of surface water discharge or runoff change of use criteria : 1. Do you think changing the use from a contractor yard/dispatch center to a state licensed tow yard would create or intensify constituents of surface water discharge or runoff from the site? If yes, is it a significant change. A brief response to the question above is appreciated. Let me know if you have any questions. CC: TrentW Z��r/ :�y From: Jim Harris To: SARADYL Subject: Tow Yard VS Contractor Yard Sarady: This is a follow-up to my question this morning about a proposal I am working on. The situation is this: An applicant is requesting to change a property from an existing Contractor yard/alarm dispatch center to a towing impound yard. Both uses operate 24 hours 7 days a week. In conducting my analysis I look at the change of use definition in the FWCC and two of the criteria for a change of use are (evaluate the difference in ) 1. required parking and 2. traffic generation for the uses. My preliminary analysis is showing the proposed tow yard doe not constitute a change in use from the contractor yard/dispatch center based on the code definition of change of use. This proposal is a unique site, in that the site is non -conforming use in a residential zone. The site is approximately one acre in size, located on Military Road, and no changes to the site or existing building are proposed. Since this is an unusual proposal, I am soliciting our traffic division advice (expertise) on the following change of use criteria : 1. The FWCC does not identify a parking ratio for either of these two types of uses. Does ITE have a parking standard? 2. If no to 1 above, could you give me your brief opinion if the required parking would be greater for one use or the other or comparable. 3. Does ITE have trip generation for either of the two uses? 4. If no to 4 above, can you give me your opinion, which use you think would have higher traffic generation. A brief response to 1-4 above it would be greatly appreciated. CC: Rickp Gary Nino 1329 North Bridgeview Tacoma, WA 98407 August 23, 1999 City of Federal Way 33530 First Way South Federal Way, WA 98003 Att: Jim Harris, Senior Planner Re: Cartland Alarm Military Road Usage I was the sales manager for Cartland Alarm and have been employed by the company since 1986. 1 still manage the Cartland Alarm Division of The Alarm Center Inc. From 1986 through 1995 1 reported to the 30459 Military Road office daily. My office was in the rear building. The location was so busy I often had to park in front of the building by the street as the yard was full of vehicles and equipment. I have reviewed the 2 letters from Mr. Cartland of June 25, 1997 and October 1, 1997. Those letters are exactly as it was during the time I was there. Sincerely, &aryino Arborscan Tree CorEemtton Co., hD13A .A r1'roe&xg ry, Inc August 20, 1999 31505 44m Ave. S., Augur -la. 98001 Ph:253-946-0135 (King) Ph:253-535-0037 (Pierce) Fax: 253-735-8864 E-mail: arborscan@aol.com City of Federal Way 33530 First Way South Federal Way, WA 98003 Attention: Jim Harris, Senior Planner Reference: Issues to do with the Cartland Alarm Military Rd Property Land Use I am the owner of A-1 Tree Surgery. I Operated out of Cartland's Facility at 30459 Military Road for several years. I know Mr. Cartland and his operation well. I know and verify that every word of both letters that Cartland sent the city on June 25, 1997 and October 1, 1997 were true. The facility was a very busy place. Sincerely, Bryce R. Landrud Certified Arborist A-%-) Jn- zF-(TEnRon i-Pattof & �� c�s, ffne. P.O. BOX 1046 MILTON, WASHINGTON 98354 (253) 927-1780 & (253) 924-0318 RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT S EP 14 1999 September 9, 1999 City of Federal Way 33530 First Way South Federal Way, WA 98003 Attention: Jim Harris, Senior Planner Reference: Cartland Alarm Facility at 30459 Military Rd So. Federal Way, WA 98003, Land Use I am the owner of Hi -Way Prevention Patrol & Guards, Inc. and have been for the last 45 years. I have been personally involved with Mr. Cartland and his operation for most of that time. We used Cartland's dispatch service and stored our patrol cars at Cartland's Facility for almost twenty years. I have reviewed both letters of June 25, 1997 and October 1, 1997. I believe that both letters told it exactly as it was. The Cartland Alarm Facility was a very busy place. Sincerely, C. YG Bud Holter Owner of Hi -way Prevention Patrol & Guards, Inc. PREVENTION AND PROTECTION BY MEANS OF SCIENTIFIC SURVEILLANCE Rvg'ar Mo. Garth c.� 4S03 South 346th Street, Auburn, -MFA 9S001 Seattle 2S3/835-9995 Tacoma 2453/9452-34542 Fax 2S3/924-0643 September 9, 1999 City of Federal Way 33530 First Way South Federal Way, WA 98003 Attention: Jim Harris, Senior Planner Reference: Your Letter of August 9th, 1999 Dear Mr. Harris, Upon reading your letter of August 9, 1999, it became obvious to me that you have not been given correct factual information on this case. Hopefully I will be able to clear up some of the confusion which should make a considerable difference. It is extremely important the City realize facts and conclusions as they were. In your paragraph 3; the City issued a business registration to Statewide Towing to operate a Towing yard on October 17, 1997 not August of 1997, see Martin Norby's letter to the Dept. of Licensing, Olympia WA of October 17, 1997. The letters of July 7, 1997 from Statewide Towing and the undated letter of mine sent on June 25, 1997 started the request and justification for Statewide Towing's use of the Cartland land to -be used as a Towing Yard. I am uncertain whether Martin Norby sent letters to the neighbors or made a public notice which was picked up on by the neighbors, however three neighbors did respond. The neighbors stated that my letter of June 25, 1997 was untrue and that the property did not have the usage that I stated it did. Of course, I knew the usage very well, my office was there. The letters from the three neighbors caused my second letter of October 1, 1997 along with pictures to prove the heavy usage I referred to in my letter of June 25, 1997. Martin Norby then had more conversation with Mr. Richmond of Statewide Towing and the neighbors. I also had a couple of conversations with Mr. Norby. On October 17th, 1997 Martin Norby sent his letters to the State and the neighbors letting everyone know the City's investigation was complete and that the property could be used for a Towing facility. I believe it is important to recognize the letters from the neighbors were sent prior to the decision to allow Towing, not after as stated in your letter. Three letters to neighbors, Taylor, Powers & Robinson were sent from Martin Norby on October 17, 1997. I sent a letter dated October 1, 1997, which I feel is very important to this issue. I also sent several pictures proving the high usage mentioned in my letter of October 1, 1997. It was upon the receipt of my letter of October 1, 1997 and review of the pictures that the City realized that a Towing Company and Washington State Patrol Impound Yard made sense at the Cartland Facility. Two Towing Companies were dispatched from the Cartland Facility for many years. They often parked their rigs there. Page 2 I was closely involved through the entire review process. I am keenly aware that the City performed considerable due diligence during the five month period of time before issuing the approval letter of October 17, 1997, Re: Hulk Hauler License for Statewide Towing, UBI 601-619-725. In regard to the letters sent by Vilma Taylor, Marilyn Powers and Robert Robinson: I believe the City covered the issues well in their letters to them on October 17, 1997. My letter of October 1, 1997 also addresses most of their concerns. As for the issue of my letters of June 25, 1997 and October 1, 1997 being correct, please see the attached supporting letters from Bud Holter, Owner of Hi -way Prevention & guard, Bryce Landrud, Owner of Al Tree Surgery and Gary Nino. These people used the property during the time frame mentioned. It is true that Statewide Towing was no longer on the property as of July 1998. However, the property has been and is presently re- leased to others. Abandoned Auto Towing has leased the property since September 1, 1998, See attached. Also Evergreen Utility Contractors, Inc. additionally leased the property from January to April 1999. Evergreen used the property while working on the City of Federal Way Project in front of the Facility, see attached. With regard to your 4th paragraph. I did not realize in our previous conversation that you thought the City approved the property for Towing and then the neighbors complained or I would have corrected this issue earlier. The City has already performed a considerable due diligence with regard to the neighbors concerns. I believe the letters from the neighbors were to be in to the City by September 15, 1997. The letter from Robinson was dated August 12, 1997, but Robinson had just bought the property and so stated. It is unknown who had written on the letter as it was unsigned. I will still address those issues. Your 5th paragraph requests that I address the letters from Vilma Taylor, Marilyn Powers and Robert Robinson. 1) Vilma Taylor's letter of September 7, 1997: Vilma Taylor's letter states that my letter of June 25, 1997 is untrue. In my letter of October 1, 1997 I addressed the issue again about the high usage and provided pictures. Now I am providing back up letters from Bud Holter, Bryce Landrud and Gary Nino supporting the validity of my letters of June 25, 1997 and October 1, 1997. Vilma also stated concern about the Towing Company being a 24 hour operation. Apparently she did not realize that the Alarm Company was 24 hours since 1976, a year after I purchased the property. A UL Listed Alarm Monitoring Center does not close at night or weekends. There were a lot of Tow Page 3 Truck, Patrol Car and County Police in and out of the lot at night. Vilma also spoke of a Towing Yard possibly causing neighborhood problems. A later discussion with Vilma revealed she was more concerned about the creditability of the owner of Statewide Towing than a Towing Company being a neighborhood problem. This is no longer an issue. I am sure that Abandoned Towing, the present company leasing the facility, and Curt Nelson are not of the type to bring neighborhood problems. 2) Marilyn Power's letter dated September 18, 1997: I believe Marilyn Powers and Vilma Taylor spoke and decided they didn't want a Towing Company or probably any other business that would be run by Walt Richmond, owner of Statewide Towing. Again, a mute point now. I have stood in several places on the 30459 Military Road property trying to see what Marilyn Powers is talking about seeing the Cartland Yard so well. I can only see the roofs of the buildings of the Powers Property. My letter of October 1, 1997 and pictures and letters from Bud Holter, Bryce Landrud and Gary Nino should certainly have revealed the truth of the matter. 3) The letter from Robert Robinson: I believe this letter was disqualified at the time as Robinson had no knowledge of the past Cartland Land use and the letter was unsigned. However the questions are good and I wish to answer them. Item 1: The land was purchased by Roger Cartland in 1975. There was an additional filing on the land on November 6, 1985 as I took out an SBA Loan. Item: 2 I'm surprised at how little the neighbors noticed the use of the Cartland Property. However, it is likely that a Towing Company would be a lighter usage than Cartland Alarm was. Item 2 recognizes that RDS occupied the old Sewer District building. This happened in 1975. Roger Cartland was the owner of RDS Alarm Company. Item 3: This issue is answered in the October 1, 1997 letter to Martin Norby by Roger Cartland. If anyone were to come into the front office they would see my secretary, an alarm center supervisor, and two dispatchers. The part they did not see were the operations manager, his secretary the sales manager, his secretary, two full charge bookkeepers, up to ten sales people, depending on what time of the day and twelve alarm installation and service people, a parts chaser and a warehouseman. All these people operated out of the rear building, not seen in the front office. We also had a Silverdale Page 4 Office of which several of their people would be in and out of the head office to meet with me and others often. The operation also ran twenty four hours a day seven days a week. Item 4: No contest. Item 5: No contest. Item 6: No contest, except the radio tower still works fine. Item 7: The roof would grow moss, once it was cleaned it grew right back. The building has a new roof presently. The property has had less usage lately due to the zoning problems and trying to keep renters. In Closing: All these issues have already been addressed with the City. Curt Nelson's letter of June 7, 1999 asked for more than our sales agreement stated. I did not tell or imply that Mr. Nelson could use the lot as a used car lot or body repair shop. I told Mr. Nelson the property was conditional use approved as a Towing and Storage Yard. There is nothing wrong with the property's use as a Towing Yard. It is a very logical flow. Towing Companies have been dispatched and used the yard for twenty years. The property has been approved by the State as a State Patrol Impound Yard and I'm sure can be re -approved for another Towing Company. The property was conditionally used for a governmental entity , the Sewer District, before. The property is ideally located to get to three major freeways 5, 18, and 520 quickly and easily on back roads in the event of a blocking accident. The elevation and topography of the site is amongst the best in the area for two way radio traffic needed for a Towing Company. The front office is already set up as a dispatch center. Most other business need to modify the existing bLiildiligs to correctly use the property which is presently disallowed. A Towing Company fits into the existing layout perfectly. The land borders the freeway, Highway 5 on the east. The amount of noise is so substantial that one has to speak loudly to another when trying to hold a conversation at the Cartland Property most any time of the day. The noise is especially loud because of the cross over Military Road Bridge and the freeway being elevated. The large trucks on the freeway has increased the noise level in the last few years. I cannot imagine anyone wanting to have a home at the Cartland Alarm location. The front office has three layers of glass, one inch of stucco and wall carpet on the inside walls to deaden noise. It is a known fact that high levels of noise causes extra stress which becomes a health problem. Certainly , anyone living at that location would be subjected to it constantly. A Towing Company Storage Yard is one of the few uses that noise does not matter. The facts have been completely distorted. Decisions have been made at my expense, based on distorted facts. I have serious damages as a result. The City should allow the Conditional Zoning as it was, immediately, without further loss to me. Page 5 It is imposing a serious hardship on me to require more time consuming sessions of zone reviews. I've done nothing wrong. The City needs to stand by it's original decision. Anyone wishing to use or purchase the mentioned property and wishes to comply with the conditional use of the Towing Yard should be allow to do so. I apologize for the time it has taken to get back to you on the issues. I have been very ill myself for the last couple months. Sincerely, Roger D. Cartland CITY OFfC 3aL)30 IS1 ':v;\Y SOt11H August 9, 1999 Roger Cartland 4503 South 346"' Street Auburn WA 98001 (253) 661-4000 FEDERAL WAY, WA 98003-6210 RE, 'Zoning Inquiry, Property Located at 30459 Military Road South, Federal Way, WA King County Parcel No. 092104-9100, File No. ADM99-0052 Dear Mr. Cartland: This letter responds to your letter dated June 29, 1999 and Mr. Curtis Nelson's letter to the City dated June 7, 1999 regarding the above referenced property. In summary, Mr. Nelson is a prospective purchaser of the subject property and has inquired about the zoning of the site as well as the non- conforming use rights of the property. The subject property is zoned Residential Single Family (RS) 7.2, and the Comprehensive Plan designation is I Iigh Density Single Family. In August of 1997, the City of Federal Way issued a business registration to Statewide Towing to operate it towing yard at the site based on the conclusion that the property had a. continuing history of similar nun -conforming uses. A letter dated July 7, 1999 from Statewide Towing, and an undated letter from yourself(presumed date of July/August 1997) formed the basiifor the city's approval of the Statewide 'Towing business registration. Shortly following city approval of the Statewide Towing business registration, the city received three letters from neighbors in the area which dispute the extent of the historical activity at the subject site. City records indicate Statewide Towing did not renew a 1998 City business registration, and left the site by July 1998. As I have previously discussed with you, in light of the discrepancies between the accounts of the site Listory pro. idcd by yourself and the re bhboring propertyy owners, (Zity staff feels it is appropriate to re- visit the 1997 decision which allowed Statewide Towing to occupy the site on the basis of history of similar non -conforming site uses. Therefore, we are requesting that you review and provide the city a written response to the allegations in the enclosed letters from Vilma Taylor, dated September 7, 1997; Marilyn Powers dated, September 18, 1997, and Robert Robinson dated August 12, 1997. Following receipt of your written response to this request, the city will issue a formal code interpretation under FWCC Section 22-354, regarding the non -conforming use rights ofthe subject property. The cily's decision will be issued in the Perin ofa Process I decision front thp Diirectarof Community Development Services. Following issuance and distribution of the Directors Process I decision, a public appeal process will be available to any party who is entitled under the code to receive a copy of the decision. Appeals of the decision would be heard by the Federal Way Hearing E?mminer pursuant to Federal Way City Code Section 22-356. The city intends to provide a copy of the Process 1 decision to Itugel C,ullaud August 9, 1999 Page 2 the three parties listed above that provided comments on the Statewide Towing business registration, since they are parties of record. With your response to this letter, please complete the attached Master Land Use Application form and a payment of $45.00 for the Process l Interpretation. If you have any question or if I can be of any assistance, please contact rite at (253)661-4019. Sincerely, ---� Y Ir V I, . iij Harris Senior Planner cc Greg Fewios, Principal Planner Stephen Clifton, AICP, Director of Conuuuuny Development Services Bob Sterbauk, Deputy City Attorney Curtis Nelson, 627 Gast Francis Avenue, Spokane, WA 99027 cite: letters li•ool Vilma l'aylor, dawd scptenrbu 7, 1997; Marilyn Powers dated, September 18, 1997, and Robert Robinson dated August 12, 1997 L:\l'RMSYS\DOCUMENT\ADM99 00.52\eariland doe City of Federal Way June 7, 1999 Planning & Land Use Department 33530 1st Way South Federal Way, WA 98003 Attn.. Martin Nordby Subject: Request For Determination of Non -Conforming Use Mr. Nordby, Nelco Services, Inc, d.b.a.: Nelson's Towing and Repair, a Washington based corporation, has approached the owner of the property located at 30549 Military South, Federal Way, Washington with the intention of purchasing said property. As a potential purchaser of the subject property we have the need to determine the usability of this property for our intended uses. These include the following: A. The towing, impounding, and secured storage of vehicles B. Complete automotive repairs to include both mechanical and body C. Vehicle repossession and secured storage D. Used car sales and Transport Services The seller has informed us that the property is currently zoned R S 7.2 which prohibits our intended uses. However, the seller advises us that past zoning determinations have allowed non- conforming rights which have allowed the above stated usage. The purpose of this letter is to request a land use determination on the legal usage of the property for the above intended uses. In addition to this request for a Determination of Non -Conforming Rights, please provide information regarding the following: 1. Have there been past Zoning complaints? If so, please provide copies of the complaints and their conclusions. 2. Are safety and structural inspections required? If so, is historical information available and can you provide copies? 3. Has past Non -Conforming uses on the property been abandoned for one or more years? 4. Please provide copies of past Non -Conforming rights determinations. 5. What is the present land use designation for GMA long range planning on the subject property? 6. If the GMA designates the property for the current uses (ie: industrial or commercial), will there be an automatic cross over to one of these zones? 7. As a potential owner of the subject property, given the present RS7.2 zoning, what other similar Non -Conforming uses would be permitted? 8. Is a change to a commercial or industrial zoning required prior to our occupancy of the property on or before July 15, 1999, for our uses? Thank you for your time and consideration regarding this matter. I look forward to your expeditious response. Respectfully, 66"Unkirrvr'f RECEIVED By E. Curtis Nelson Nr nr-PAPrAntfhir - UN 11 1999 Please respond to the address below: E. Curtis Nelson 627 East Francis Ave. Spokane, WA 99207 Telephone: 509-484-0464 Facsimile: 509-483-6106 Telephone (253)839-1730 (253)927-3046 June 9, 1999 E. Curtis Nelson 3503 West Horizon Spokane, WA 99208 Re: Cartland - Nelson Dear Sir: ROBERT I VERZANI ATTORNEY AT LAW 30640 Pacific Highway South Federal Way, Washington 98003 COPY FOR YOUR INFORMAT1011 f Facsimile (253) 839-1941 This office has been selected as the closing agent for your purchase of property from Roger Cartland on a purchase and sale document dated May 10, 1999. I have received the $5,000 earnest money draft and have deposited the same in my trust account. I have also ordered a preliminary title report from Commonwealth Land Title, Order No. 779776. Commonwealth Title will be mailing to you a copy of the preliminary report when it becomes available. The sale is subject to certain contingencies and I will wait notice of these contingencies being waived and/or approved before proceeding. Very truly yours, Robert J. Verzani cc: Roger Cartland Harry Horan 9 ■ RECEfVLDMj,.jTER LAND USE APPLICATION MfT COMMY DEVELOPMENT %4%JNT NT OF COMMUNITY DEVELOPMENT SERVICES 33530 First Way South, Federal Way, WA 98003 (253) 661-4006 — Fax (253) 661-4129 SEP I it Won ,v►vwcird —O O�way,wa.us APPLICATION NO A--�—�-� Date Project Name a Ecr//r c nr Property Address/Location Fp Y_1L2 Ar.,A fs_y,�4 �� Se Parcel Number(s) a q a Applicant Agent (If Different than Applicant) Owner Name:�F� �. &�x-rX4A,0 Name: Name: rr--- .�. Address: yso,3 So 3 ser4 f s'` Address: Address: fD Sa y ,a? ? 4r6 IL7 Sf, li..a 919'6o/ t ,Kv� x.�., 4�.a peed Phone: ( ) Phone: ( ) Phone: F- P 9S� Fax: ( ) Fax: ( ) Fax: (ets-,T) Email: Email: Email: Signatt Signature: �i¢,, ...^� _ /J Zoningnation �� ,Z g — Comp Plan Designation ��-► aT+�vr; S..•r�T.+�•,,•,�t Project Description +�• .tr c rr�-..�� Uniform Building Code (UBC) Construction Type sV (UBC) Occupancy Type Type of Permit Required: SEPA Checklist Notice Mailed Sign Board (Refer to Development Submiltal Requirements Handout) _ Annexation R R _ Binding Site Plan R R R _ Boundary Line Adjustment _ Comp Plan/Rezone _ Land Surface Modification _ Lot Line Elimination Preapplication Conference ) Process I (Director's Approval) _ Process II (Site Plan Review) _ Process III (Project Approval) _ Process IV (Hearing Examiner's Decision) _ Process V (Quasi -Judicial Rezone) _ Process VI _ SEPA Only _ Shoreline Variance Conditional Use _ Short Subdivision _ Subdivision Variance MAST:RIA FRM Riau i :'Ij 2/22199 R R R R R* R R R R R Rx2 R R R R R R R R R R R R R R * R R R R R* R R R = Required * = Optional by City From: Jim Harris To: MARGAREC Subject: comp plan docket D Margaret: can you please mail comp plan site specific request packet to Roger Cartland at 4503 South 346th Street Auburn, WA 98001 253 838-9995 Mr Cartlands inquiry is regarding a comp plan amendment for his property located on Military Road which is RS and has a non -conforming commercial use. Mr. Cartland thinks he should get a rezone, which would then allow outright his underlying historical commercial use. 2 told him his chances of changing the comp and zoning designation were not likely (spot zone, rs surrounding, etc) but he can request anything . Mr Cartland also inquired about how to change the zoning code regarding non -conforming uses, which would somehow allow different and/or new non -conforming uses to occupy his site and maybe even enlarge the existing structure. His question or point here was could we make a code provision to allow expansion/changes to a non -conforming use via a conditional use permit (UP4). CITYJF� 33530 1 ST WAY SOUTH August 9, 1999 Roger Cartland 4503 South 346' Street Auburn WA 98001 F/c E (253) 661-4000 FEDERAL WAY, WA 98003-6210 RE: Zoning Inquiry, Property Located at 30459 Military Road South, Federal Way, WA King County Parcel No. 092104-9100, File No. ADM99-0052 Dear Mr. Cartland: This letter responds to your letter dated June 29, 1999 and Mr. Curtis Nelson's letter to the City dated June 7, 1999 regarding the above referenced property. In summary, Mr. Nelson is a prospective purchaser of the subject property and has inquired about the zoning of the site as well as the non- conforming use rights of the property. The subject property is zoned Residential Single Family (RS) 7.2, and the Comprehensive Plan designation is High Density Single Family. In August of 1997, the City of Federal Way issued a business registration to Statewide Towing to operate a towing yard at the site based on the conclusion that the property had a continuing history of similar non -conforming uses. A letter dated July 7, 1999 from Statewide Towing, and an undated letter from yourself (presumed date of July/August 1997) formed the basis for the city's approval of the Statewide Towing business registration. Shortly following city approval of the Statewide Towing business registration, the city received three letters from neighbors- in the area which dispute the extent of the historical activity at the subject site. City records indicate Statewide Towing did not renew a 1998 City business registration, and left the site by July 1998. As I have previously discussed with you, in light of the discrepancies between the accounts of the site history provided by yourself and the neighboring property owners, City staff feels it is appropriate to re- visit the 1997 decision which allowed Statewide Towing to occupy the site on the basis of a history of similar non -conforming site uses. Therefore, we are requesting that you review and provide the city a written response to the allegations in the enclosed letters from Vilma Taylor, dated September 7, 1997; Marilyn Powers dated, September 18, 1997, and Robert Robinson dated August 12, 1997. Following receipt of your written response to this request, the city will issue a formal code interpretation under FWCC Section 22-354, regarding the non -conforming use rights of the subject property. The city's decision will be issued in the form of a Process I decision from the Director of Community Development Services. Following issuance and distribution of the Directors Process I decision, a public appeal process will be available to any party who is entitled under the code to receive a copy of the decision. Appeals of the decision would be heard by the Federal Way Hearing Examiner pursuant to Federal Way City Code Section 22-356. The city intends to provide a copy of the Process I decision to Roger Cartland August 9, 1999 Page 2 the three parties listed above that provided comments on the Statewide Towing business registration, since they are parties of record. With your response to this letter, please complete the attached Master Land Use Application form and a payment of $45.00 for the Process I Interpretation. If you have any question or if I can be of any assistance, please contact me at (253)661-4019. Sincerely, � ]i Harris Senior Planner cc: Greg Fewins, Principal Planner Stephen Clifton, AICP, Director of Community Development Services Bob Sterbank, Deputy City Attorney Curtis Nelson, 627 East Francis Avenue, Spokane, WA 99027 enc: letters from Vilma Taylor, dated September 7, 1997; Marilyn Powers dated, September 18, 1997, and Robert Robinson dated August 12, 1997 L:\PRMSYS\DOCUMENT\ADM99-00.52\cartiand.doe June 14, 1999 Cartland property, 30459 Military Rd. South - recent history Background: Property was used for the Cartland Alarm Company operations until about 1996/97. Property is owner by Roger Cartland. Zoning is RS 7.2. Site contains an office building and storage buildings for equipment and vehicles. Lot is approximately** ** square feet and is UI located at the edge of the city limits near where Military Road cros spun er I-5. Cartland Alarm was later aquired/sold to AT&T. Facility was used less and less by Cartland for storage of equipment. *Cartland Alarm completely vacated property in mid to late 1997. *City received a written request from Walt Richmond, dba Statewide Towing, to locate there dated June 25, 1997. *Mr. Cartland supplied undated photos showing equipment on site and written statement that he still used the facility for storage and some office use. Statewide was granted an OK to use property under limited conditions as this was a non -conforming use. This use was deemed similar in impact to the alarm use as that also included storage of vehicles and some heavy equipment plus dispatch. �� tttc17 p'4' 6,319 _ 1 j3z'u,e'�L �f (19 7 PA *Statewide vacated property per neighbor Robert Robinson on July 12, 1998. Confirmed w/ field inspection same date. *Since vacation only activity noted on site has been use by street contractor doing Military Road/304th improvements during 1999. Mr. Richmond now works for a auto repo operation based in Auburn. Property has been advertised for lease for past several months. ]EUa&r- D. t1 4503 1%4mttt2t 346th Btreet■ ALvLbUXIMa,WA� SE300Y Be�ttle 253/838-99aS Ta-coms Nrm= 2�+'�/�►134-+0��3 June 291h, 1999 City of Federal Way 33530 1st Way So. Federal Way, WA 98003 Attention-. Greg Fewins Principal Planner Reference: Property Located at 30459 Military Rd. So. Federal Way WA 98003 & the continued use of the land by a new owner under the legal existing non -conforming use. The mentioned property is zoned RS7.2. However, for the last 30 plus years the property has been used commercially for several uses. (see attached letter from myself to the City of Federal Way to the attention of the Planning & Use Dept.) The attached letter was sent in September of 1997. On October 17, 1997 Martin Norby, of your department, sent an approval letter allowing a Hulk Hauler License at the military road property for Statewide Towing. Since October 1997 the property has been continuously used by Statewide Towing and Abandoned Auto Towing, to the present. There was a period of 2 1/2 months this year where the property was additionally leased to Evergreen Utility Contractors. They are one of the contractors working on the military road project in front of the office. The property is for sale. Kurt Nelson of Nelco Services, Inc. Dba. Nelson's Towing has an earnest money hold on the property until July 15th, 1999. Mr. Nelson wishes to continue the same usage on the property as was approved in October of 1997. It is my understanding that Mr. Nelson wishes to continue to use the property, as is, under the present legal non -conforming use. Mr. Nelson's facility in Spokane is extremely neat and clean and appears to be a very credible and upstanding part of the commuluty. Time is an issue . I believe Kurt Nelson sent a letter to the City of Federal Way asking for continued same use of the property. I would appreciate a cc copy of your answer. My address is 4503 So. 346th Street, Auburn, WA 98001. Sincerely, toger D. Cartland 06/29/99 TUB 16;55 1TX/R1 NO 53461 From: Bob Sterbank To: JIMH Date: 7/21/99 1:51pm Subject: NELSON TOWING -Reply Hi Jim: I talked with Londi. We are in agreement that the best course is to pursue the administrative nterpretation as to the scope of the existing nonconforming use.6You should send notice of the intent to prepare the interp to the property owner, and include in that notice some narrative about how we II have received information that suggests that the previous business license as M'J� rti.•c erroneously issued and that the former business did not utilize cks iri t a-�� fashion that the applicant had suggested. ;-- a�-cU �p�o2 y�.;�f for �w,, ( 4v �eS��nG[c�uP 7 Then, an interpretation can be issued, which will be appea able,'and the property owner will have had the opportunity to make its record. We shouldn't need to take any action with respect to the business license, since it has expired. I'd be happy to review a draft of the letter before it goes out. Thanks. Bob >>> Jim Harris 07/16/99 04:48pm >>> Bob: thanks for meeting with me yesterday to discuss the Nelson Towing/Gartland Alarm non -conforming use issues at 30459 Military Rd. I left with the understanding that you will be discussing this subject with Londi. Stephen would like me to get a response out by July 30, so I would appreciate your feedback. Let me know if you have any other questions. JIMH CC: CHPO.City Hall(Gregf, Londil, Stephenc), City of Federal Way June 7, 1999 planning & Land Use Department 33530 1st Way South Federal Way, WA 98003 Attn.. Martin Nordby Subject: Request For Determination of Non -Conforming Use Mr. Nordby, Nelco Services, Inc, d.b.a.: Nelson's Towing and Repair, a Washington based corporation, has approached the owner of the property located at 30549 Military South, Federal Way, Washington with the intention of purchasing said property. As a potential purchaser of the subject property we have the need to determine the usability of this property for our intended uses. These include the following: A. The towing, impounding, and secured storage of vehicles B. Complete automotive repairs to include both mechanical and body C. Vehicle repossession and secured storage D_ Used car sales and Transport Services The seller has informed us that the property is currently zoned R S 7.2 which prohibits our intended uses. However, the seller advises us that past zoning determinations have allowed non- conforming rights which have allowed the above stated usage. The purpose of this letter is to request a land use determination on the legal usage of the property for the above intended uses. In addition to this request for a Determination of Non -Conforming Rights, please provide information regarding the following: 1 _ Have there been past Zoning complaints? If so, please provide copies of the complaints and their conclusions. 2. Are safety and structural inspections required? If so, is historical information available and can you provide copies? 3. Has past Non -Conforming uses on the property been abandoned for one or more years? es of past Non -Conforming rights determinations. 4. Please provide copi 5. What is the present land use designation for GMA long range planning on the subject property? 6. If the GMA designates the property for the current uses (ie: industrial or commercial), will there be an automatic cross over to one of these zones? 7. As a potential owner of the subject property, given the present RS7.2 zoning, what other similar Non -Conforming uses would be permitted? 8. Is a change to a commercial or industrial zoning required prior to our occupancy of the property on or before July 15, 1999, for our uses? Thank you for your time and consideration regarding this matter. I look forward to your expeditious response. Respectfully, E Curtis Nelson RECETV11_�; Y �n�ARAIIAIITY!7F1/F� ,.;-'.' "��A�27�pFnr, ....,_..._-�----- gun 1 1999 Please respond to the address below: E. Curtis Nelson 627 East Francis Ave. Spokane, WA 99207 Telephone: 509-484-0464 Facsimile: 509-483-6106 From: Martin Nordby To: StephenC Date: Jun 14, 1999 (Mon) 9:53am Subject: Non -conforming Uses/Cartland property Stephen, Greg suggested I run this by you for consideration. I received a letter from a towing company out of Spokane that wants to locate at the old Cartland Alarm site at 304th & Military. This is zoned RS7.2. In late 97, shortly (4-6 months) after Cartland stopped using the property for storing his equipment and for dispatch we reviewed, then approved, a business registration for Statewide Towing to use the property for dispatch and limited impound. The belief was that it was about the same impact as Cartland as he had stored heavy equipment there plus other vehicles and used it for alarm response/office/dispatch. In looking over the non -conforming use section (22-332) it appears that in spite of Statewide having moved out nearly a year ago (confirmed July 12, 1998) a non -conforming use may still be able to occupy the site. Is this correct? If so, can we set strict limits to reduce impact? This property has residential uses on nearly all sides. They understood but were not happy w/ the previous decision. They felt that Cartland's use of the property had declined to such an extent over his last years of operation there that his presence was hardly noticed. I'll bring the letter and background info to our 1:30 meeting on citation priorities. Martin CC: KathyM, GregF June 14, 1999 Cartland property, 30459 Military Rd. South - recent history Background: Property was used for the Cartland Alarm Company operations until about 1996/97. Property is owner by Roger Cartland. Zoning is RS 7.2. Site contains an office building and storage buildings for equipment and vehicles. Lot is approximately f ; ** square feet and is located at the edge of the city limits near where Military Road cros sWun er 1-5. Cartland Alarm was later aquired/sold to AT&T. Facility was used less and less by Cartland for storage of equipment. *Cartland Alarm completely vacated property in mid to late 1997. *City received a written request from Walt Richmond, dba Statewide Towing, to locate there dated June 25, 1997. *Mr. Cartland supplied undated photos showing equipment on site and written statement that he still used the facility for storage and some office use. Statewide was granted an OK to use property under limited conditions as this was a non -conforming use. This use was deemed similar in impact to the alarm use as that also included storage of vehicles and some heavy equipment plus dispatch.J9 7 9_ *Statewide vacated property per neighbor Robert Robinson on July 12, 1998. Confirmed w/ field inspection same date. *Since vacation only activity noted on site has been use by street contractor doing Military Road/304th improvements during 1999. Mr. Richmond now works for a auto repo operation based in Auburn. Property has been advertised for lease for past several months. f I r ' bEPAF TMEW-.QF. LICENSING ti MASTER .LICENSESERVICE .,s PO BOX 9034 = . ;.„ •ati OLYMPIA, WA �99507-9034 ', . . •�•�'�k Towne ,. ,.:�,• ., •- , 7. Hulk Haider, Wrecker adlor Scrap rMCOSSOF1 This addendum form may only W submitted as an attachment to the.Mader Applir don loon. LICENSES REOUESTEp All applicants) fftd�Flegisterod Taw Truck Operator (2;t4) CHulk Hauler (247) ❑ Scrap Processor (254) " Vehicle Transporter (242) ❑ Motor Vehicle Wfedler (250) OE business. l ownership types must attach the Corporate StockholderAddendsgnloon ±Is�'(,ll ill-lt dlvlduals with 109E ormore Interest NT TRUCK OPERA' MATION Have you ever been assigned a Registered Tow Truck Operator registration slumber? .......:...................... ❑ Yes No If "Yes," give the previous Business Name: and No.: Have you ever had that registration suspended or revoked?..............................:.:.......................................... ❑ Yes No If "Yes," attach an explanation of the suspension or revocation. If you maintain additional secured vehicle storage/impound areas away from this locetlgi% please see the instruction sheet. You must attach all of the following lists and completed documents to this appllcatlon (see instruction sheet for descriptions): • Names & addresses of all employees who serve as low truck drivers • Proof of Registered Tow Truck Operator liability Insurance • Registered Tow Truck Operator bond • Fee schedule • Washington Slate Patrol Tow Truck -Business -Operator -Equipment Inspection Report . VEHICLE TRANSPORTER ADDITIONAL INFORMATION 1 C'No Is your transport business limited to specific clients by contract? ..................................................................... ❑ es Is your transport business available to the general public?.............................................................................. IJ Yes❑o Are you the registered or legal owner of any vehicles or mobile homes transported by your business?............ ❑ as [WINO Is the transportation your business provides a part of some other business which you conduct? ..................... VY03 ❑ tjo r If you answered "Yes" to t" last question, please explain: LA -5 i% O L Indicate the number of Vehicle Transporter License Plates you require: _ 1 HULK HAULER WRECKER AND SCRAP PROCESSOR ADDrrIO1N Hulk Hauler, Wrecker & Scrap Processor Applicants If applying for any of these three licenses. you must attach the list of vehicles owned, leased, rented, or otherwise operated In the conduct of your business (blank Listing of Vehicles Usod to Conduct Business form Included). Scrap Processor & Wrecker Applicants only Attach a completed State Environmental Policy Act (SEPA) checklist from the Department of Ecology (blank form ECY-Q5045 Indudo4 Wrecker Applicants Only, attach the following (blank forms provided): • Personal/Criminal History Form • Wrecker's Bond • If you have additional (branch) Motor Vehicle Wrecker business locations In the same county as this business looatlon, ploa" sea the instructions. - +offs 10 M1 erne"' The ❑aparunarrt or Rkgnsfng rra: a porky a/ �� a1r�Drei � 3M+rT7� aL9 700-187 VE10CLE 1NNSPY101SP ADD (W7,96)GR P.Qa 1 d 2 It you need slpec11WA"aawnadsdark "1060) From: MARTIN NORDBY To: LondiL Subject: Business Reg Revocation Londi, I will require the assistance of the law department w/ this issue. In July a business registration was issued to Statewide Towing to operate a tow lot at 30459 Military Rd S. Basis for granting the registration were statements supplied by the applicant and property owner, Walt Richmond and Roger Cartland respectively, that the use of the lot would be consistent with historic and current uses on the property. The property is zoned RS, but has been used for some type of business for several decades. However, after Statewide began operation I received calls from adjacent property owners who stated that Mr. Cartland's statement was not true, that he had never used the lot for equipment or vehicle storage to the extent it would be used by Statewide. I asked these people to put this in writing. On Tuesday Mr. Richmond requested the city sign off on the zoning certification required by the State for them to apply for state and local towing contracts. After conferring w/ Kathy she suggested I contact the neighboring property owners and provide them until Friday to respond in writing regarding their disagreements w/ the information presented in Mr. Cartland's letter. Today I received a letter from one of the property owners. She states that the intensity of activity described did not occur at any time in the last 10 years. I had previously informed Walt Richmond of Statewide that we had received calls. I must now call to inform him the city cannot sign off on the zoning certification and that we may be proceeding w/ license revocation, however, before I do so Kathy recommended I consult w/ the law department. I suspect this will be similar to the Christmas Village in the reasons for denial (FWCC 9-42(6)&(8)). Thanks, Martin CC: ChrisG, BonnieL, BobS, GregF, KathyM BeattYe 2�3/838-i3�g� �`�, "1aTB�. 9BVQ]. City of Federal Way 33530 1" Way South Federal Way, WA 98003 Attention: PIanning and Land Use Del)[. Reference: Request for additional laud use at 30459 Military Road So. Federal Way, WA 98003 I have owned and occupied the parcel of land located at 30459 Military Road South, Federal Way, WA 98003, For twenty years. The use of the property has been and is currently for an Electrical Contractor, Car land Alarm. Cartland Alarm is mainly a Commercial, Industrial, Institutional, Contractor. We wired Alarms in all three State Penitentiaries, two School Districts, Port of Tacoma owned buildings, numerous High Rise Tower Fire Alarms and Hundreds of Large and Small Business. As a result of such an operation the yard was used extensively for Cars; Trucks and Equipment of the trade. Flat beds, Trailers, Boom Trucks, Ladder trucks, Dump trucks, Racks, Ladders, Back hoes, Ditchers, Fourteen Vans, Twelve Station Wagons, three 4X4 Vehicles, and parking for up to Fifty five Employees have been a daily use. The Shop was used for storage and fabrication of Custom Equipment and Servicing of the fleet. The Front Office is Certified as an Underwriter Laboratory Listed Building for Alarm Monitoring and Dispatching of Emergency Vehicles. Numerous changes to the Front Office Building were made in 1983 to acquire an Underwriter Laboratory Certification. One inch of stucco was installed on the outside walls. Three layers of glass is across the entire front. One Way Glass on the outside, Bullet Resistant Lexan Plastic in the center and Fire Retardant Wire Glass is on the inside. All other windows in the building are Wire Glass. Double Electronic Locking Entry Doors were installed with aWire Glass vestibule inside the entry. A 20KW Diesel Generator Plant provides power to the entire property in a power outage. An Automatic Electrical Transfer System starts the Generator. An Eighty Foot Radio Tower is used for Dispatching of numerous Emergency Operations, I.E. Patrol Services, Towing Companies, School Security, Port Security and Ambulance. Prior to our purchasing the property, King County Water District 124 owned the facility. The back shop and yard was used for parking, storage and maintenance of Dump Trucks, Service Trucks, Back Hoes, Ditchers, and many Tools of the trade in the process of operating a Water District, The Front Office was the District's Billing and Accounting Facility. We wish your consideration of additional use of this site. We believe the facility would be ideally adapted to a storage yard for impounds of vehicles. The facility affords one and one third acres of land completely fenced and blocked by a large berm of earth across the entire back line. The property is also secure due to the topography and layout of buildings and fences. The location of the site, centered between two major freeway intersections, 320 and 272 with easy access to highway 18, is a benefit for Washington State Patrol activity. The site would also work well for City of Federal Way and King County Impounds. I appreciate your consideration of the request as soon as possible. My Address is 4503 South 346 h Street, Auburn, WA 98001. My Phone number is (253) 838-9995. Respectfully Su witted, oger D. Cartland CITY OFI'Ar.- ��M October 17, 1997 33530 1 ST WAY SOUTH Department of Licensing Master License Service PO Box 9034 Olympia, WA 98507-9034 FILE (253) 661-4000 FEDERAL WAY, WA 98003-6210 Re: Hulk Hauler License for Statewide Towing, UBI 601-619-725 Dear Sir or Madam: This letter is an attachment to the Vehicle Transport/Disposal Addendum for Statewide Towing submitted to the City of Federal Way for zoning approval by Mr. Walter Richmond. The City of Federal Way has approved this use in the proposed location, 30459 Military Road South, as a legal non -conforming use. The zoning for this property is residential -single family ,RS 7.2, however, the property has demonstrated a continuing history of similar uses. Please contact me if you have questions about non -conforming uses or related issues. My phone number is (253)661-4121. - Respectfully, Martin Nordby Code Compliance Officer c: Business registration file Towlot9.wpd °`"r•Q DEPARTMEN7;OF L'iCENSiNG.. Owner ame- MASTER'LICEAiSi`SERVICE PO:BOX 9834 ..: UBI,. +1 isn� OLYMPIA, WA `98507-9034 = _� YEHICLE.TRANSPQRT/DISPOSAL ADDENDUM (For liconsure as a Registered Tow Truck Operator, Vehicle Transporter, Hulk Hauler, Wrecker and/or Scrap Processor) This addendum'form may only be submitted as an attachment to the Master Application form. LICENSES REQUESTED (All awlicants registered Tow Truck Operator (244) -Hulk Hauler (247) ❑ Scrap Processor (254) ehicle Transporter (242) ❑ Motor Vehicle Wrecker (250) NOTE: All ownership types must attach the Corporate StockholderAddendum form listing -all individuals with 10% or more Interest In your business. Have you ever been assigned a Registered Tow Truck Operator registration number? If "Yes," give the previous Business Name: ............ ❑ Yes [21 No and No.: Have you ever had that registration suspended or revoked?................................................:::........................ ❑ Yes allo If "Yes," attach an explanation of the suspension or revocation. If you maintain additional secured vehicle storagelimpound areas away from this location, please see the instruction sheet. You must attach all of the following Ilsts'and completed documents to this application (see instruction sheet for descriptions): • Names & addresses of all employees who serve as tow truck drivers • Proof of Registered Tow Truck Operator liability insurance • Registered Tow Truck Operator bond • Fee schedule • Washington State Patrol Tow Truck -Business -Operator -Equipment Inspection Report VEHICLE TRANSPORTER ADDITIONAL INFORMATION Is your transport business limited to specific clients by contract?......:.............................................................. ❑ 1*es � No Is your transport business available to the general public?.............................................................................. Q Yes o Are you the registered or legal owner of any vehicles or mobile homes transported by your business?............ ❑ jl'es No Is the transportation your business provides a part of some other business which you conduct? ..................... I�' Yes ❑ No Y q p n C- I OC-i C� IY1 r 2,' • t7 �p If you answered "Yes" to t�ej last uestlon, please explain: ^-I �� 42,r �r-�.-�� ^� A .r.:.f r�t:c _ I i r S•i C le . t f�/ 6 i} c f' C- r r'�� V `) -.e-- i--J - Indicate the number of Vehicle Transporter License Plates you require: 71 HU Hulk Hauler, Wrecker & Scrap Processor Applicants If applying for any of these three licenses, you must attach the list of vehicles owned, leased, rented, or otherwise operated in the conduct of your business (blank Listing of Vehicles Used to Conduct Business form included). Scrap Processor & Wrecker Applicants Only Attach a completed State Environmental Policy Act (SEPA) checklist from the Department of Ecology (blank form ECY-050-45 Included). Wrecker Applicants Only, attach the following (blank forms provided): • Personal/Criminal History Form • Wrecker's Bond • If you have additional (branch) Motor Vehicle Wrecker business locations in the same county as this business location, please see the instructions. The Department of Licensing has a policy of providing equal access to its services. BLS 700-193 VEHICLE TRNSPT/DISP ADD (N(7/96)0,R Pape 1 o1 2 If you need special accommodation, call (360) 753-4401 or TDD (360) 586-2788. t JCITYOFPr5000" 33530 1 ST WAY SOUTH October 17, 1997 Mrs. Marilyn Powers 30425 Military Rd S. Federal Way, WA 98003 0:1 IM F (253) 661-4000 FEDERAL WAY, WA 98003-6210 Re: Statewide Towing's use of the CanZand Alarm prroperty Dear Mrs. Powers: Additional review and evaluation of the history and uses conducted on the property at 30459 Military Road South, commonly referred to as the Cartland Alarm property, has been completed. In addition to information submitted by yourself and other property owners in the immediate area, additional information and photographs were requested and supplied by the property owner, Roger Cartland. Upon further evaluation of this new information, and photographs, Statewide Towing's use of the property as a vehicle impound or tow lot is considered a legal non -conforming use. No change of use, as defined in section 22-1 of the Federal Way City Code (FWCC), was determined to have occurred. Statewide Towing may continue to use this site as a vehicle impound or tow lot as long as they remain in compliance with section 22-332 of the FWCC concerning non -conforming uses. Please be advised a tow lot or impound yard is different than a wrecking yard or junkyard. The property may be used only for the temporary storage of impounded vehicles. Vehicles may not be dismantled nor is a parts or vehicle scrap salvage use permitted. toWiot3..pa Mrs. Powers October 17, 1997 Page 2 The information included in the file on this matter is public record and may be reviewed during regular business hours. Please ,contact me if you wish to review the file so that it can be made available. My phone number is 661-4121. Respectfully, Martin Nordby Code Compliance Officer c: Walt Richmond Statewide Towing 30459 Military Road South FoderaI Way, WA 98003 towlot3.wpd ~ CITY OF 33530 1 ST WAY SOUTH October 17, 1997 Ms. Vilma Taylor 30432 Military Rd S. Federal Way, WA 98003 cl L F (253) 661-4000 FEDERAL WAY, WA 98003-6210 Re: Statewide Towing's use of the Cortland Alarm property Dear Ms. Taylor: Additional review and evaluation of the history and uses conducted on the property at 30459 Military Road South, commonly referred to as the Cartland Alarm property, has been completed. In addition to information submitted by yourself and other property owners in the immediate area, additional information and photographs were requested and supplied by the property owner, Roger Cartland. Upon further evaluation of this new information, and photographs, Statewide Towing's use of the property as a vehicle impound or tow lot is considered a legal non -conforming use. No change of use, as defined in section 22-1 of the Federal Way City Code (FWCC), was determined to have occurred. Statewide Towing may continue to use this site as a vehicle impound or tow lot as long as they remain in compliance with section 22-332 of the FWCC concerning non -conforming uses. Please be advised a tow lot or impound yard is different than a wrecking yard or junkyard. The property may be used only for the temporary storage of impounded vehicles. Vehicles may not be dismantled nor is a parts or vehicle scrap salvage use permitted. towlot3.wpd Ms. Taylor October 17, 1997 Page 2 The information included in the file on this matter is public record and may be reviewed during regular business hours. P1=6s contact me if you wish to review the file so that it can be made available. My phone number is 661-4121. Respectfully, 44 Martin Nordby Code Compliance Officer c: Walt Richmond Statewide Towing 30459 Military Road South Federal Way, WA 98003 towlot3.wpd r CITY OF - EQ 33530 1 ST WAY SOUTH October 171 1997 Mr. Robert A. Robinson 30511 Military Rd S. Federal Way, WA 98003 FILE (253) 661-4000 FEDERAL WAY, WA 98003-6210 Re: Statewide Towing's use of the Cardand Alarm property Dear Mr. Robinson: Additional review and evaluation of the history and uses conducted on the property at 30459 Military Road South, commonly referred to as the Cartland Alarm property, has been completed. In addition to information submitted by yourself and other property owners in the immediate area, additional information and photographs were requested and supplied by the property owner, Roger Cartland. Upon further evaluation of this new information, and photographs, Statewide Towing's use of the property as a vehicle impound or tow lot is considered a legal non -conforming use. No change of use, as defined in section 22-1 of the Federal Way City Code (FWCC), was determined to have occurred. Statewide Towing may continue to use this site as a vehicle impound or tow lot as long as they remain in compliance with section 22-332 of the FWCC concerning non -conforming uses. Please be advised a tow lot or impound yard is different than a wrecking yard or junkyard. The property may be used only for the temporary storage of impounded vehicles. Vehicles may not be dismantled nor is a parts or vehicle scrap salvage use permitted. towlou."d Mr. Robert Robinson October 17, 1997 Page 2 The information included in the file on this matter is public record and may be reviewed during regular business hours. Please dontact me if you wish to review the file so that it can be made available. My phone number'is 661-4121. Respectfully, %y (�,�,�r-' 6 J' / Martin Nordby Code Compliance Officer c: Walt Richmond Statewide Towing 30459 Military Road South Federal Way, WA 98003 towlot3.wpd 4803 �vnth a4"Cht lstwe4at, g,A1hFTKW= W, 9800x Battle �S3/�35-999� Tacoma Faz 283/9�9E-eC]3 City of Federal Way October 1, 1997 33530 1st Way South Federal Way, WA 98003 Attention: Martin Nordby, Compliance Officer Reference: Land use at 30459 Military Rd, Federal Way, WA 98003 I have reviewed the qualified letter from Velma Taylor, submitted within the time allowed for discussion. I have also met with Velma to discuss the issues. I reminded Velma that Cartland Alarm had ten 1989 Chev, Astro Vans, one 1976 Chev, two 1972 Ford Vans, one 1978 Ford Van, one 1976 Chev Van, one Flat Bed & one Dump Truck. There were also two large Flat Bed Trailers & a large Reefer Storage Unit. These rigs were used in the process of Cartland Alarm installations. In addition, we had ten Dodge Aries station wagons, used by sales personnel & managers plus one 1987 Chev 4 x 4, a 73 Ford Bronco & a 1988 Chev passenger Van. Some of these vehicles went home with employees at night. However, each of these vehicles came to the Federal Way office Monday through Friday. Out of 55 employees, there were an average of 20 employee vehicles daily on the lot. We sublet space to Al Tree Surgery. They had two large Dump Trucks, a Chipper Machine & two to four employees cars on the lot. We also sublet to European Ornamental Iron & Gate. They had six to ten employees cars, a couple pickup trucks, a van & a large trailer. Three bays of the shop were used as a welding shop for their Gate Business. We also Dispatched for Highway Prevention Patrol & Guards. They kept four patrol cars on the lot. They also had several employees cars. The front office is an Underwriter Laboratory Certified Alarm Monitoring Center & Professional Dispatch Center & Answering Service. Besides Monitoring for some 3,000 Cartland Clients we also Dispatched for Wells Fargo Security Services, Highway Prevention Patrol & Guard & Seattle Security. Their vehicles and personnel were in & out of the site at all hours of the day & night. In addition to the security involvement, we dispatched Redondo Towing & Al's Towing. The two Towing Companies ran five tow trucks which one or two rigs were often at the Dispatch Center. We leveled the back lot area about ten years ago. The reason being, we were climbing on top of each other. We pushed dirt up as high as a cat loader would reach along the back property line. We allowed a ten foot area around the west & north side as a green belt. The intent was to cut down on freeway noise to the neighbors behind our lot & to allow a natural look to the neighbors over a very busy business usage. Page 2 Cartland Alarm was involved in several large out door alarm installations, I.E. State Penitentiaries, Port of Tacoma Yards, Motorhome & Auto Lots, Etc. We rented Ditchers & Backhoes from time to time & stored them on the lot. The Federal Way Water & Sewer District owned the property prior to Cartland, They stored Dump Trucks, Service Trucks, Backhoes, Ditchers, Trailers & other Pipe laying tools on the property. The back shop was their meter & service shop. The front office was their Accounting & Billing Office. The fact that the neighbors did not realize all this activity was going on would indicate we must have been doing a good job of maintaining peace. In Conclusion: My recent discussion with Velma Taylor revealed that she thought Statewide Towing & the Facility would turn into a wrecking yard. She was concerned with the appearance problem & that her property value would go down. I assured her that I was also concerned. The property use will be less busy with Statewide Towing than Cartland Alarm operations. Speaking for Walt Richards and myself, the property will never be allowed to look like a wrecking yard. Walt's lease strictly disallows his operation to become a public nuisance of any form, not just a wrecking yard or any unsightly looking operation. Walt has spent considerable time and effort cleaning the place up. His intent is to continue. His wishes are to look as good or better than Pete's Towing. I believe everyone should give him a chance. One could hold him to his promises if things start to look different. Hopefully this letter helps to clear up some misunderstandings. Respectfully Submitted, Roger D. Cartland cc Velma Taylor CITY OF r 33530 1 ST WAY SOUTH October 17, 1997 sr/ L,E (253) 661-4000 FEDERAL WAY, WA 98003-6210 rr •{� .j fry Department of Licensing Master License Service PO Box 9034 ; Olympia, WA 98507-9034 Re: Hulk Hauler License for Statewide Towing, UBI 601-619-725 Dear Sir or Madam: This letter is an attachment to the Vehicle Transport/Disposal Addendum for Statewide Towing submitted to the City of Federal Way for zoning approval by Mr. Walter Richmond. The City of Federal Way has approved this use in the proposed location, 30459 Military Road South, as a legal non -conforming use. The zoning for this property is residential -single family ,RS 7.2, however, the property has demonstrated a continuing history of similar uses. Please contact me if you have questions about non -conforming uses or related issues. My phone number is (253)661-4121. - Respectfully, *6x-'--fefL' Martin Nordby Code Compliance Officer c: Business registration file Towlotlmpd City Of Federal Way Robert A Robinson Code Enforcement Officer #79353 30511 Military Rd S 33530 10 Way South Federal Way WA 98003 Federal Way WA 98003-4024 253-941-4518 August 12, 1997 Dear Mr. Nordby, I am writing in reply to Mr. Cartland's letter regarding his request for additional land use at 30459 Mlitary Rd. S. I have broken down the items I think are in question. 1 have requested information from persons who may have more knowledge and history about this property than 1 and asked them to respond to these items. 1. I have owned and occupied the parcel of land ..., for twenty years. ( The land title deed shows the date of November 6, 1985.) 11 f� i��Z) /"Cja�.11T � �S i�. N ov-a `iY1� _ C PHZ-r L4 Ai I, �a5� rnrvo Lt)Z;-� LAJ )ft- -V(4. 51W �-k'-- 2. The use of the property has been and is currently for an Electrical Contractor, Cartland alarm. ( I have lived here since February 1997 and have observed no use to speak of, until the middle of July, pwhen Statewide Towing came in. ) ��1't `�� ] S " yJr9 5 �'e�lYi N e ` (,—�3osZlr.c�a�. �i� �.— id— r3�Q f{P3-r- D �.A l�� ", i 4—, �f b `C . c rZ �`►� 7 =� r •9 � - C - " _ �rr12 'i4 (fir r�L Z L rJ�`a 3. As a result of such an operation the yard was used extensively for .. , and parking for up to Fifty L five Employees have been a daily use. a 7p zee -4 6L F V"i c[. yes- LF may 4. The/Sho�jwas used for storage and fabrication of Custom Equipment and Servicing of the fleet. Pass �s L) j -I'-1 tL-- Nd NNO--r— ( Q]'� P— C:-r— i S - 5. Numerous changes to the Front Office Building were made in 1983 to acquire an Underwriter Laboratory Certification (etc.). 6. The facility affords one and one third acres of land ..., ( According to Metroscan Property Profile "King County" the Property size is 1.03 acres. The Eighty foot Radio Tower now standing, I do not believe to be ei kty feet tall and does not appear to be working.) 7-1425F-� 7. Additional Comments: .t1 d pie ...Ll.. 09/26/97 FRI 09:01 [TX/RX NO 59061 u COMMUNITRYDEVVELO MENNTDEPARTMENT 33 5.3:�, 1 S a /� I %,11 zT,i s I I'll / w 07:42 206839Fj0 VILMA SIGN 2068396490 PAGE 02 9-17-97 CITY OF FEDERAL WAY 33530 1 ST WAY SOUTH FEDERAL WAY, WA 98003 ATTENMON: MR. MARTIN NORDBY (COMPLIANCE OFFICER), THIS LETTER IS IN RESPONSE ROGER CARTLAND'S LETTER WHICH HE SUBMITTED TO CITY OF FEDERAL WAY. IN HIS LETTER TO THE PLANNING AND LAND USE DEPT, MR. CARTLAND STATED THAT THE USE OF 'HEAVY EQU]PMF1N'T WAS FREQUE: -r. HE STATED, -FLAT BEDS, TRAILERS, BOOM TRUCKS, LADDER TRUCKS, DUMP TRUCKS, RACKS, LADDERS. BACK HOES, DTTCI-MRS, FOI.JRTEEN VANS, TWELVE STATION WAGONS, THREE 4X4 VEMCLES, & PARKING FOR UP TO FIFTY-FIVE EMPLOYEES HAVE BEEN A DAILY USE." 1 HAVE LIVED AT 30432 MILITARY RD FOR ALMOST 10 IT'ARS, AND HAVE NEVER %TTINx ESSED NOR HAVE ANY OF MY EMPLOYEES, THE USE OF ANY HEAVY EQbjpMENT AS MR. CARTLAND HAD STATED. MR, CARTLAND INFERES T14AT HIS BUSINESS WAS HIGHI,Y ACTIVE, MY EMPLOYEES AND I REGARDED HIS BtJTSWESS AS VERY LOW IN ACTIVITY. WE BASED THIS UPON SEEING ONLY A FEW BUSINESS MINI -VANS AT HIS SECURITY ALAR.1%i SYSTEM BUSINESS, ANT.), A LOW AMOUNT OF TRAFFIC GOING IN AND OUT OF I -US BUSINESS. AS A NOTE;, WE ARE CONCERNED ABOLrf THE NEvb'' TOWING COMPANY THAT HAS REPLACED MR. CARTLANDS SECURITY ALARM SYSTEM BUSINESS, WE ARE CONCERNED THAT IT WILL BRQVG TRAFFIC PROBLEMS SINCE IT w'IT I. BE OPEN 241-IRS. A DAY. BECAUSE OF THE TYPE OF BUSINESS IT IS, WE ARE ALSO CONCERNED THAT IT MAY BRING NEIGHBORHOOD PROBLEMS. IF YOU HAVE ANY QUESTIONS PLEASE CALL ME AT 941-9008. SINCERELY, V111v1.c� TAYLUFt RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT S F? � 1997 co�. ! 4��ri 335-3,�> / d,�Z PO Box 24016 statewme Towing TEU (253) "1-8697 Federal Way, WA. 98093 & Recovery FAX: (253) 661-9284 Martin Nordby City of Federal Way, Planning & Land Use Department 335.30 lst Way South Federal Way, WA. 98003 Monday, July 07, 1997 RE: Use of Property at 30459 Military Rd. South. My previous letter dated. 6125l97 to you stated my intentions of use which raised the questions 1 hope to explain below. Intended Use: (1) Hours of operation: Hours are intended to be 24 hrs, 7 Days a week with office hours of 8:00am to 5:00pm Monday through Friday. (2) Required Parking: Ample parking for employees of State Wide Towing & Recovery and Additional parking required for storage of vehicles after impound. (3) Traffic Generation: Employee Vehicles Monday through Friday at the hours indicated above and any Impound Vehicle in process of being stored or released to appropriate party (Moderate Traffic Vs Previous more intense use.). (4) General Appearance: There will be no significant change to appearance except for the company sign stating "Statewide Towing & Recovery" Previous Use: (1) Hours of operation: Hours have been 24 hrs, 7 days a week with office hours of 8:00am to 5:00pm Monday through Friday. (2) Required Partaking: Parking consist of ample parking for employees of Cartland Alarm Company. Additional parking required for storage of heavy vehicles for use in the course of doing business. (Total: approx. 100 vehicles.) (3) Tragic Generation: Employee Vehicles Monday through Friday at the hours indicated above and heavy vehicles stored ovemight and used during course of the day. (Moderate to Heavy Traffic) (4) General Appearance: Appearance has remained unchanged significantly for approximately 20 years. Description of Property: This property is 1.3 acres of land serenaded by an 8 foot fence of chain -link construction with an 8 foot dirt wall inside used for sound barrier and vision Mock. The office is situated to block any vision to the parking area from the road with the freeway boarding the south side of the property. Please see enclosed photographs. Respectfully, rJ c Walter L. Richmond 06/29/99 15:58 FAX 206 924 0643 CARTLAND 01 � I 4503 South 346th Street, Auburn, WA 98001 Seattle 253/ 838-9995 Tacoma 263/952-3542 Fax 2531924-0643 rdcartiand@aol.com F A X C 0 V E R S H E E T DATE :r, TIME TOTAL # PAGES INCt UWINL: GOWN R SMktf TO (ve It you have problems with the transmission of this fax or do not receive all pages, please contact the sender at (253) 838-9995 or (253) 952-3542 Thank youl r I ATTENTION OF 'Aa�� r�r �� ,+R,. F R O M _/(E� 7dP crate REGARDING Lio C 0 M M E N T S Jam _ cZ sir 7 Jr . Have a nice day.! 06/29/99 �TUE 16:55 [TX/RX NO 53461 ., rt3,A Luti 924 0643 CARTLAND ME Rv,gier "_ C"r rtz=1M4* ,!&4500;3 S ximt. . _-4-i&4Sr1x 1%t eet, ALwxbxTrJ2_ WAL aIS" Seattle 2Sr3fBSS-'99'BIS XaCoxxxa 2Ps3f'�Sr2- �"'2 Fax 2: s3/924-Oi643 June 29th, 1999 City of Federal Way 33530 1st Way So. Federal Wav, WA 98003 Attention: Greg Fewins Principal Planner Reference_ Property Located at 30459 Military Rd. So. Federal Way WA 98003 & the continued use of the land by a new owner under the legal existing; non -conforming; use. The mentioned property is zoned RS7.2_ However, for the last 30 plus years the property has been used commercially for several uses. (see attached letter from myself to the City of Federal Way to the attention of the Planning & Use Dept.) The attached letter was sent in September of 1997. On October 17, 1997 Martin Norby, of your department, sent an approval letter allowing a Hulk Hauler License at the military road property for Statewide Towing. Since October 1997 the property has been continuously used by Statewide Towing and Abandoned Auto Towing, to the present. There was a period of 2 112 months this year where the property was additionally leased to Evergreen Utility Contractors. They are one of the contractors working on the military road project in front of the office. The property is for sale. Kurt Nelson of Nelco Services, Inc. Dba. Nelson's Towing has an earnest money hold on the property until July 15th, 1999_ Mr_ Nelson wishes to continue the same usage on the property as was approved in October of 1997. It is my understanding that Mr. Nelson wishes to continue to use the property, as is, under the present legal non -conforming use. Mr. Nelson's facility in Spokane is extremely neat and clean and appears to be a very credible and upstanding part of the community. Time is an issue. I believe Kurt Nelson sent a letter to the City of Federal Way asking for continued same use of the property. I would appreciate a cc copy of your answer. My address is 4503 So. 346th Street, Auburn, WA 98001. Sincerely, oger D. Gartland w Kint Nelson 06/29/99 TUE 16:55 [TX/RX NO 53461 P.O. Box 24016 Federal Way, WA, 98093 8tatewlde Towing & Recovery City of Federal Way Planning & Land Use Department 33530 1st Way South Federal Way, WA 98003 Tel: (253) 661-8697 Fwa(263) 661-9284 Attention: Martin Nordby June 25, 1997 Subject: Re uest of Land Use Statewide Towing & Recovery is requesting a License to conduct Business within Federal Way. The location for this proposed Business is 30459 Military Road South. The current extensive use of the property, which has been the same for the last twenty years is : ■ Heavy Equipment Storage • Light Duty Vehicle Storage Vehicle Maintenance and Repair ■ Heavy Employee & Client Traffic The office located at this site is used to dispatch and track use of these vehicles as a regular part of business as well as dispatching for other entities. It is my belief, a Towing Company at this location would have less intense use for the property. A Towing Company here would benefit the City of Federal Way, King County and the State Patrol by having this facility at ready access to any major arterial to respond to accidents and impounds for the purpose of clearing the roadway. Thank you for your time and consideration. Respectfully, Walt L. Richmond �� MEMORANDUM �' �d � t Z y City of Federal Way fit z 0 14A VkL Date: June 26, 1997 To: Kathy McClung From: Martin Nordb v Re: Cartland Alarm property @ 30459 Military Rd S. - Potential New Tenant Due to this properties residential zoning (RS7.2) I wanted to get direction from you on a Proposed new tenant for this site. I requested from Mr. Cartland and the potential new tenant, Statewide Towing letters outlining the history of the site's uses, intensity, current status, and intensity of proposed use. Attached are letters from Roger Cartland, Property owner and Operator of Cartland Alarm, and Walt Richmond, Operator of Statewide Towing. Statewide currently operates on a limited basis from the former Action Towing lot on S. 343rd. Due to the limitations of the facilities (small building and no paved lot or access) and the legal non conforming status [lot is zoned BP) he cannot improve or expand. Since the Cartland property is already developed sufficiently he wants to re -locate there. Though the Operation would still be a legal non-conformance for the zone the facilities (adequate office be required. building, fenced lot, radio tower, etc) are already in place so further improvements would not I explained to Mr. Gartland and Mr. Richmond that I wanted to get direction on this issue because of the properties residential zoning. Mr. Richmond will submit anew business registration application if this is determined to be permissible. C: Dick Mumma, Building Official SAV—44121) AVe-77&uJ -- 0,4,c T_"?j H+-C,4-n ,pop_' AI0i 0,4 Pjq P.O. Box 24016 Federal Way, WA. 98093 Statewide cawing & Recovery City of Federal Way Planning & Land Use Department 33530 1st Way South Federal Way, WA 98003 Attention: Martin Nordby Subject: Request of Land Use Tel: (253) 661-8697 FA*263) 881-92S4 June 25, 1997 Statewide Towing & Recovery is requesting a License to conduct Business within Federal Way. The location for this proposed Business is 30459 Military Road South. The current extensive use of the property, which has been the same for the last twenty years is : • Heavy Equipment Storage • Light Duty Vehicle Storage • Vehicle Maintenance and Repair • Heavy Employee & Client Traffic The office located at this site is used to dispatch and track use of these vehicles as a regular part of business as well as dispatching for other entities. It is my belief, a Towing Company at this location would have less intense use for the property. A Towing Company here would benefit the City of Federal Way, King County and the State Patrol by having this facility at ready access to any major arterial to respond to accidents and impounds for the purpose of clearing the roadway. Thank you for your time and consideration. Respectfully, r / f � Walt L. Richmond PO Box 24016 state wme Ta wilig YEL (253) "1-.8697 Federal Way, WA. 98093 & rjeco very FAX. (253) 661-9284 Martin Nordby City of Federal Way, Planning & Land Use Department 33530 lst Way South Federal Way, WA. 98003 Monday, July 07, 1997 RE: Use of Property at 30459 Military Rd. South. My previous letter dated 6/25197 to you stated my intentions of use which raised the questions I hope to explain below. Intended Use: (1) Hours of operation: Hours are intended to be 24 hrs, 7 Days a week with office hours of 8:00am to 5:00pm Monday through Friday. (2) Required Parking. Ample parking for employees of State Wide Towing &. Recovery and Additional parking required for storage of vehicles after impound. (3) Traffic Generation: Employee Vehicles Monday through Friday at the hours indicated above and any Impound Vehicle in process of being stored or released to appropriate party (Moderate Traffic Vs Previous more intense use.). (4) General Appearance: There will be no significant change to appearance except for the company sign stating "Statewide Towing & Recovery". Previous Use. (1) Hours of operation: Hours have been 24 hrs, 7 days a week with office hours of 8:00am to 5:O0pm Monday through Friday. (2) Required Partaking: Parking consist of ample parking for employees of Cartland Alarm Company. Additional parking required for storage of heavy vehicles for use in the course of doing business. (Total: approx. 100 vehicles.) (3) Traffic Generation: Employee Vehicles Monday through Friday at the hours indicated alcove and heavy vehicles stored overnight and used during course of the day. (Moderate to Heavy Traffic) (4), General Appearance: Appearance has remained unchanged significantly for approximately 20 years. Description of Property: This property is 1.3 acres of land serenaded by an 8 foot fence of chain -link construction with an 8 foot dirt wall inside used for sound barrier and vision block. The office is situated to block any vision to the parking area from the road with the freeway boarding the south side of the property. Please see enclosed photographs. Respectfully, Walter L. Richmond MEMORANDUM City of Federal Way Date: June 26, 1997 To: Kathy McClung From: Martin Nor y* Re: Cartland Alarm property @ 30459 Military Rd S. - Potential New Tenant Due to this property's residential zoning (RS7.2) I wanted to get direction from you on a proposed new tenant for this site. I requested from Mr. Cartland and the potential new tenant, Statewide Towing, letters outlining the history of the site's uses, intensity, current status, and intensity of proposed use. Attached are letters from Roger Cartland, property owner and operator of Cartland Alarm, and Walt Richmond, operator of Statewide Towing. Statewide currently operates on a limited basis from the former Action Towing lot on S. 343rd. Due to the limitations of the facilities (small building and no paved lot or access) and the legal non -conforming status (lot is zoned BP) he cannot improve or expand. Since the Cartland property is already developed sufficiently he wants to re -locate there. Though the operation would still be a legal non-conformance for the zone the facilities (adequate office building, fenced lot, radio tower, etc) are already in place so further improvements would not be required. I explained to Mr. Cartland and Mr. Richmond that I wanted to get direction on this issue because of the property's residential zoning. Mr. Richmond will submit a new business registration application if this is determined to be permissible. C; Dick Mumma, Building Official