19-104940CITY OF
Federal Way
Centered on Opportunit
October 29, 2019
Ms. Karen Foreman
The Planning & Zoning Resource Company
1300 South Meridian Avenue, Suite 400
Oklahoma City, OK 73108
FILL
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. cityoffederalway. com
Jim Ferrell, Mayor
Email: Karen. Foreman@Pfr.Com
RE: File #19-104940-00-AD; RESPONSE TO ZONING INQUIRY
Brookhaven Apartments, 30823 181h Avenue South, Federal Way, WA.
Dear Ms. Foreman:
On October 11, 2019, the City of Federal Way's Department of Community Development received your
zoning inquiry regarding the parcels located at 30823 18"' Avenue South, Federal Way, WA (parcels #'s
785360-0130 & 785360-0125). Your request for information includes questions listed below in bold, with
the city's response following.
1. What is the current zoning classification for subject properties?
The current zoning classification for the subject properties is Multifamily Residential (RM 1800).
2. What are the adjacent zoning designations?
North: Multifamily Residential (RM 1800) & Community Business (BC)
,South: Community Business (BC)
East: Multifamily Residential (RM 1800)
West: Community Business (BC)
3, Is the subject property part of a Planned Unit Development?
No, the subject property, is not part of a Planned Unit Development.
4. Is the subject property part of an Overlay District?
No, the subject property is not part of an overlay district.
5. What municipal code is the subject property currently regulated by?
The subject properties are a "Permitted Use by Right," currently regulated by Federai Way
Revised Code (FWRC) Title 19, "Zoning and Development Code," Section 19.205, "Multifamily
Residential (RM)," subsection 19.205.040, "Multifamily dwelling units." The subject property is
also regulated by FWRC Section 19.30, "Nonconformance."
Karen Foreman
Page 2 of 3
October 29, 2019
6. According to the zoning ordinances and regulations for this district, how is the use of the subject
properly classified?
The subject properties are legal nonconforming uses as both parcels were permitted under King
County zoning code prior to the City of Federal Way's incorporation King County Zoning permitted
greater density of units than the current code allows per FWRC 19.205.040(1)(c).
7. To the best of your knowledge, what were the conditions of the subject properties when
developed?
The subject properties were developed in 1989 under the King County zoning code, prior to
Federal Way's incorporation as a city and the adoption of the initial Federal Way City Code
(FWCC). Any legally permitted aspects, elements, activities, or uses on the subject properties that
do not conform to the FWRC would be considered legal nonconforming. Typically, the city
determines a site's nonconformance as part of formal review of a specific development proposal
that will alter the existing nonconforming site. At that time, a site inspection and full
noncompliance analysis will be required in order to identify any applicable requirements of the
FWRC.
8. Were the above properties granted any Use Permits, Variances, or Special Exceptions?
The city is not aware of any use permits, variances, or special exceptions that may have been
applied to the subject properties at times of construction.
9. In the event of casualty, in whole or in part, can the structures located on the subject
properties be rebuilt?
The structures located on the subject properties are legally nonconforming and regulated by
FWRC 19.30, "Nonconformance." Per FWRC 19.30.200, the nonconforming development may
be reconstructed in the event of damage by sudden accidental cause, as long as the reconstruction
is not any more nonconforming than it was immediately prior to the damage and all associated
building and land use reconstruction permits are submitted within six months of the date of the
damage and reconstructs pursuant to such permits.
10. To the best of your knowledge, are there any records that show unresolved zoning code
violations?
According to the city's database, there do NOT appear to be any outstanding/open zoning code
violations that apply to the subject properties.
11. To the best of your knowledge, are there any records that show unresolved building code
violations and/or complaints?
According to the city's database, there do NOT appear to be any outstanding/open building code
violations or citizen action requests that apply to the subject properties. With regards to fire code
violations, South King Fire & Rescue handles fire related records requests. We encourage you to
contact Public Records Officer Lauri Perry at lauri.perrygsoutlilci_ngfire.org, or 253-946-7253, to
obtain information pertaining to fire code violations.
-1
Karen Foreman
Page 3 of 3
October 29, 2019
This information was researched on October 24, 2019, by the undersigned, per the request and as a public
service. The undersigned certifies that the above information contained herein is believed to be accurate and is
based upon, or relates to the information supplied by the requestor. The authority assumes no liability for
errors and omissions. All information was obtained from public records, which may be inspected during
regular business hours.
If you have any further questions or concerns regarding this inquiry, please contact me at (253) 835-2622
or william.golding@cityoffederalway.com.
Sincerely,
Ay��-
William Golding
Planning Intern, Community Development Department
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Page 1 of 1 k:\Handouts\Request for Administrative Decision
The Planning & Zoning Resource Company
1300 South Meridian Avenue, Suite 400, Oklahoma Citv, OK 73108
PZR: E Telephone (405) 840-4344 • Fax (405) 840-2608 -
1 RECEIV Toll Free (800) 344-2944
REPOR
1 OCT 11 20t. Ext:4471
CITY OF FEDEA
Please fax to my direct fax number
CpMMUNiTY pE�RE:-LOr, a
To: Building Division RECEIVED
Fax: OCT 10 2019
Email:
Date: 10/09/2019 Community Development
Subject: Request for Information Department
Ref. Number: 133795-1
RE: Brookhaven Apartments, 30823 18th Avenue, South Federal Way, Washington
Add'I Info: Parcel Vs 7853600130 and 7853600125
Attached is our request for property information on the above -mentioned property.
Please copy it onto your letterhead, provide the requested information, sign and
return to me via either my direct fax, shown above, or via email to
karen.foreman@pzr.com.
It is my understanding that there will be fees associated with this request. Please
be advised that the total fees are not to exceed $141.00 without my approval. If
you should expect the fees to exceed this amount, please notify me as soon as
possible. Furthermore, any additional costs associated with this request must be
approved, in writing, prior to their incurrence.
Thank you in advance for your time and consideration on the above matter. If there
are any questions you are unable to answer please let me know who I should
contact. If you have any questions or concerns, do not hesitate to contact me at the
toll free number 800-344-2944, extension 4471. You may also reach me by email
at: karen.foreman@pzr.com.
Sincerely,
Karen Foreman
(PLEASE COPY ONTO YOUR LETTERHEAD)
The Planning & Zoning Resource Company
1300 South Meridian Avenue, Suite 400
Oklahoma City, OK 73108
10/09/2019
ATTN: Karen Foreman
Ref. No. 133795-1
RE: Brookhaven Apartments, 30823 18th Avenue, South Federal Way, Washington
Add'I Info. Parcel Vs 7853600130 and 7853600125
The current zoning classification for the subject property is:
a, Adjacent property zoning designations:
North:
South:
East:
West:
3, Is the subject property part of a Planned Unit Development?
Yes, part of a PUD (See comment)
No, not part of a PUD
Comment:
14, Is the subject property part of an Overlay District?
Yes, within an Overlay District
No, not within an Overlay District
Comment:
Jr. The subject property is currently regulated by:
Section of the Zoning Ordinance
Planned Unit Development Ordinance No. (copy attached)
Site Plan Approval Case No. (copy of plan and case attached)
Comment:
6 According to the zoning ordinances and regulations for this district, the use of the subject property is a:
Permitted Use by Right
Permitted Use by Special/Specific Use Permit
Copy Attached
Copy Not Available (see comment)
Legal Non -Conforming Use (no longer permitted by right due to amendments, re -zoning, variance granted or other
changes. See comments)
Non -Permitted Use
Comment:
The subject structure(s) was developed:
In accordance with Current Zoning Code Requirements and is
Legal Conforming
Non -Conforming (see comments)
In accordance with Previous Zoning Code Requirements (amendments, rezoning, variance granted) and is Legal
Non -Conforming to current zoning requirements
Prior to the adoption of the Zoning Code and is
Grandfathered/Legal Non -conforming to current zoning requirements.
In accordance with Approved Site Plan and is Legal Conforming to approved site plan. If any nonconforming
issues exist with respect to current zoning requirement; the subject property would be considered legal
non -conforming.
Comment:
8. Information regarding variances, special permits/exceptions, ordinances or conditions:
There do not appear to be any variances, special permits/exceptions, ordinances or conditions that apply to the
subject property.
The following apply to the subject property (see comments):
Variance - Documentation attached or is otherwise, no longer available (see comment)
Special Permit/Exception Documentation attached or is otherwise, no longer available (see comment)
Ordinance Documentation attached or is otherwise, no longer available (see comment)
Conditions Documentation attached or is otherwise, no longer available (see comment)
Comment:
Q, Rebuild: In the event of casualty, in whole or in part, the structure located on the subject property:
May be rebuilt in the current form (i.e. no loss of square footage, same footprint, with drive through(s), if
applicable.
May not be rebuilt in its current form, except upon satisfaction of certain conditions, limitations, or requirements.
Please see section of the current zoning code/ordinance for details.
Comment:
10. To the best of your knowledge, do your records show any unresolved zoning code violations?
❑ Yes, there are open violations on file in our records. (See attached list and/or copies/cases)
❑ No, there are no open violations on file in our records.
"Please note, this request is for open violations of which you are aware. PZR is not requesting an inspection be made.
To the best of your knowledge, do your records show any unresolved building code violations and/or
complaints?
❑ Yes, there are open violations on file in our records. (See attached list and/or copies/cases)
❑ No, there are no open violations on file in our records.
"Please note, this request is for open violations of which you are aware. PZR is not requesting an inspection be made.
Please call the undersigned at
Sincerely:
Name:
Title:
extension if you have questions or concerns.
Department:
Email: