15-100321CITY OF
F6deml V14y
DATE: 5/8/15
TO: Note to File
FROM: Becky Chapin
SUBJECT: FASTWAY SHELL - (15-100321-00-AD)
31660 PACIFIC HWY S
Resubmittal of information was received April 2, 2015. After review of materials and discussion with
Planning Manager Isaac Conlen, the proposed propane tank/fueling station would not be allowed at this
location. I called the Mr. Davis and discussed the issues with him.
The existing gas station is a legal nonconforming use at the site. There was an existing propane
tank which was also a nonconforming accessory use as it was established prior to the city's
incorporation.
• The previous propane tank was voluntarily removed from the site. By removing the tank and not
replacing it right away, all nonconformance rights were lost.
The propane tank cannot be placed on site, even in its previous location, as it is not an allowed
use in the CC-C zone.
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Mr. Edward Cavalieri
Alliance Propane, Inc.
PO Box 7604
Kent, WA 98042
The following is in response to your November 14, 2002, inquiry regarding the installation of a new
1,150 gallon above -ground vertical propane tank (18 feet in height) at 31660 Pacific Highway South. This
tank will replace an existing 1,500 gallon propone tank currently located on the site. This property is
Core (CC-C) zoning district. The Federal Way City Code (FWCC) defines vehicle service station uses as
a commercial use supplying petroleum products that are for immediate use in a vehicle. The, sale and
distribution of propane gas, as described in your letter, would be considered accessory to the vehicle
service station use. In your inquiry, you have requested clarification regarding the applicability of FWCC
Section 22-332 "Nonconforming Use" (enclosed) to your proposed project. The following will provide
you with the information you have requested and the required land use review process.
NONCONFORMANCE
Pursuant to Chapter 22 of the FWCC, vehicle service station uses are not permitted within the CC-C
zoning district. Therefore, the existing Shell automobile gas station is considered a nonconforming use
The sale and distribution of propone gas, an accessory use on the site, would also be considered a
nonconforming use on the site. However, because the above noted principal and accessory uses were
established prior to the adoption of the CC-C zoning district, they are considered legal nonconforming
uses.
Pursuant to FWCC Section 22-3 3 2, legal nonconforming uses are permitted to operate until such time th
they exceed the three thresholds specified in the above noted code section. If any of the nonconforming
use thresholds are exceeded, the nonconforming use is required to terminate. In reviewing the
applicability of the above noted nonconforming use thresholds in relationship to your proposed project,
the following threshold would apply: if the applicant is making any changes or doing any work, other
than normal maintenance; in any one consecutive 12-month period to any structure that houses or
supports the nonconforming use and the fair market value of that change, alteration or work exceeds 15
I' rcent of the assessed or appraised value of that structure, the nonconforming use would be required1
terminate.
Mr. Edward Cavalieri
Page 2
December 13, 2002
However, since the proposed propane tank replaces a larger existing tank on the site, the installation of
the new propane tank and the continuation of the nonconforming accessory use (sale and distribution of
propane gas) is permitted, subject to the requirements noted below.
LAND USE REVIEW PROCESS
Your proposed project is subject to a Process 1, Director's Approval. Process I is charged at an hourly rate
of $50 per hour. Please be advised, the City of Federal Way has adopted a higher fee schedule for the
calendar year 2003. For your review, I have enclosed a Master Land Use Application, Development
Requirements Checklist, and pamphlet that explains Process I review.
Please be advised, a building permit may be required for your proposed project. You will need to contact
Joan Hermle, Assistant Building Official (253-661-4123), to determine any applicable building code
requirements and permits. If you have any questions regarding this letter or wish to meet with me, please
contact Rox Burhans, Associate Planner, at 253-661-4082 or rox-btirhansacity2oM, deralwwoom.
am=,
Kathy McClung, Director
enc: Master Land Use Application
Development Requirements Checklist
Process I Pamphlet
FWCC Section 22-332
c: Interpretation File
Rox Burhans, Associate Planner
File #02-105093-00-AD Doc, LD, 21088
Becky Chapin
From: Becky Chapin
Sent: Wednesday, January 28, 2015 8:37 AM
To: 'mdavis@bluestargas.com'
Subject: Fast Way Shell, 31660 Pac Hwy S
Attachments: 31326765038.DOC.doc
'0 aq r..
Uwranf RONA a M 010-1411114
�here the final location was. An aerial photo With the location is fine if you don't have a site plan.
I've attached an old lefter regarding installation ol a propane an a nis si , I.
information in the letter is still applicable, but I will discuss your proposal with my Planning Manager and get back to you with a decisi
soon. it
Thanks,
Becky Chapin
&�- - Akddel"
City of Federal 1,1'ay
33325 8th Avenue South
Federal Way, WA 98003-6325
Phone: 253-835-2641
\P
January 20, 2015 JAN 2 2 2015
CITY FFEDERAL WAY
CDS
Becky Chapin
Assistant Planner City of Federal Way
33325 8th Ave So
Federal Way, WA 98003-6325
Dear Ms. Chapin,
Thank you for allowing me to view the master zoning map on January 15th in regards to our
desire to install a propane Autogas fueling station and bottle fill dispenser operation at Fast Way Shell
located at 31660 Pacific Hwy South Federal Way.
As I stated during our meeting I had just started to vet the location by performing a discovery of
property lines and zoning restrictions when I found the location to be within the current CC/C zoning
area. As you explained, Fast Way Shell is grandfathered in allowing a gasoline operation, however our
wish to install a Autogas fueling location in an area other than the previous LP tank/dispenser footprint
requires review due to the CC/C zoning designation.
Safety is our primary concern and the area of the original propane tank location on the North
end of the lot experiences busy customer traffic flow due to parking spots close to the propane tank
location. This activity effectively precludes safe and effective egress of the fleet vehicles we desire to
serve. We have considered asking ownership to redesign the area to preclude parking however
undoubtedly this would be a hardship as with any retail operation parking is at a premium. With the
previous U-Haul business gone the North end of the property is effectively not being used and provides
an open egress with plenty of open area for a safe and effective fleet fueling operation.
Blue Star Gas is in the business of installing alternative fuel infrastructure. The key to
widespread adoption of alternative fuels is geographically desirable fueling location. There is a
tremendous amount of public funds that have been, and continue to be, invested in installing publicly
available infrastructure. Blue Star Gas underwrites all our alternative fuel infrastructure installations
without any public assistance, and the locations are selected based on our fleet customers driving
patterns. This particular location has been selected to support a number of paratransit fleets that serve
the medical facilities in the Federal Way area. As we're all aware the reduction of carbon emissions is a
paramount focus to our society for many good reasons. This specific fueling location we are proposing
will yield a reduction of at least 15,600 pounds of greenhouse gas emissions in the Seattle metro area.
Many communities as well as our State and Federal Governments have existing mandates in
place to convert fleets to alternative fuels. The allowance of our proposed project will certainly move
the community of Federal Way in a direction that is prepared to meet these mandates as well as proved
an important service to the community as a whole.
Thank you in advance for your consideration of our request..
Sincerely,
Malcolm G. Davis
Plant Manger
Seattle Co
10802 East Marginal Way South
Tukwila, WA 98168
(206) 762-2583
(206) 225-7039-Cell
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