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12-103567AL CIT'Y OF Fbdeml INOY off-MMUMM Court Pixton 339199 ffi Avenue South, Suite 105 Federal Way, WA 98003 RE: FILE #12-103567-00-AD; REsPONSE TO INQUIRY Ernie's Accessory Truck Parking, 33207 Pacific Hwy South, Federal Way The Community and Economic Development Department has received your request for director's determination regarding a proposed accessory use pursuant to Federal Way Revised Code (FVY'RC) 19.265.010(2). Your client proposes to provide temporary truck parking as an accessory use to an existing vehicle service station. The city is unable to approve such a proposal due to existing zoning limitations related to commercial vehicle fueling facilities located within Commercial Business (BC) designations. The following findings and conclusions provide a basis for this detennination. Findings of Fact I . Requestor owns property located at 33221 Pacific Highway South. Current use of the site is vehicil service station with capacity to service commercial vehicle fueling. 2. Property owner proposes to purchase adjacent property located at 33207 Pacific Highway South (old Pacific Ford site) for accessory use purposes. Property owner proposes demolition of the existing structures, replacement of existing lighting, landscaping improvements, perimeter fencing, and asphalt refurbishments. Site would be used for commercial vehicle parking estimated at eight hours per vehicle. 1 Property owner has sought the authority of director via written request submitted to the city via email August 2, 2012, to determine whether the commercial vehicle parking use is accessory to the existing principal vehicle service station use. [off Mir-MMITTIM MM Pursuant to FVV'RC 19.265.0 1 0(l), accessory uses, buildings, and structures normally associated with a permitted use, building, or structure are permitted as part of that use, building, or structure. Accessory uses, buildings, or structures must be clearly secondary to the permitted principal uses, buildings, or structures. 2. Pursuant to FVVRC 19.265.010(2), the director is authorized to determine if a particular accessory use, building, or structure is normally associated with, clearly secondary to, and actually accessory the particular permitted principal use, building, or structure. ME PIWOR August 15, 2012 Page 2 Subject property is zoned Commercial Business (BC). Pursuant to FVVRC 19.220.030, vehicle service stations are a permitted use. The following special regulations related to commercial vehic fueling facilities are assigned to vehicle service station uses within BC zones: I - Vehicle service stations may include commercial vehicle fueling facilities only when: • The facilities constitute a secondary use and not the primary use of the site; • The facilities are located to the rear of the principally permitted structure; The design and appearance of the facilities are similar to the principal facilities on the site; and 0 No overnight parking areas or sleeping accommodations are provided on the site. StaffAnalysis — The proposedparking area would be located along the prJr' rty'sftontage and not behind the existin fueling, are—Ti—E--daiv•a1hi? accommodations. ,fuelin•fiacilities as an accessom, use- �tzd# not permit an extended stayfollowing thefuel stop. Pursuant to Federal Way City Ordinance #07-559, effective July 16, 2007, Truck Stop uses are no longer permitted within BC zones. StaffAnalysis — Extended staysfollowing thefuel stop are consistent with truck stop uses. The city amended the zoning, and deve1qvment code and no lq?iger allows only thefueling ofcommercial vehicles on an accessory use. As a result of the amendment, truck stop uses are permitted in Commercial Enterprise (CE) zones only. Closing Please contact me at 253-835-2638 or matt.herrera@cityoffederalway.com if you have any questions regarding this letter. 12-103567 Dac, LD. 61950 t Matt Herrera From: Court Pixton<cbpixton@pugetsoundcommercial.com> Sent: Thursday, August 02, 2012 1:47 PM To: Matt Herrera Cc: Iucy@erniescardlock.com Subject: Ford Dealership 33207 Pacific Hwy S Matt My client Ernie Reinhard (Ernie's Truck Stop and Vehicle service station) is preparing to enter into a purchase agreement to buy the vacant Ford dealership site in Federal Way. He would like to completely demolish all structures on site. Once he has a clean site he would replace existing lighting, clean up the landscaping, add perimeter fencing where needed, improve the asphalt where necessary, and improve the current access from 332"d Street to the site which will enable trucks to safely enter and leave the property. The site would be used for Truck parking after they have used Ernie's fuel stop, the drivers would rest and be allowed to use Ernie's fuel stop for food, showers, and to buy necessities. This parking would be used as short term parking estimated to be about 8 hours per vehicle. As you know Truck drivers are legally required to take rest periods during trips to increase safety on the road. Ernie believes that with this parking area there will also be a benefit to the City by getting trucks off side streets (like 344th St) and residential neighborhoods where they are now stopping for their rest periods. Would the city consider this an accessory use to the Ernie's vehicle service station and allow truck parking on the site? We would of course enter into a pre -application to fully vet the demolition, and improvements that will be planned for the site should the City agree that this is an accessory use and allow parking on the Ford site. I look forward to hearing the City's response so that we can make a decision on whether to proceed with the purchase. Court Pixton Puget Sound Commercial Real Estate 33919 9th Ave South Ste. 105 Federal Way, WA 98003 Tel 253 838 4100 Email cbpixton@puaetsoundcommercial.com v't ! /1 tC_t 1� a Ss�- V ✓% a �, V v✓ v2-C:,e 17. zco 5 . 0 (0 Z miews ol 31 0 125 250 500 Feet