22-103898-Pre-App Letter-9-6-22COMMUNITY DEVELOPMENT DEPARTMENT 33325 8th Avenue South Federal Way, WA 98003-6325
253-835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
Quyen Phan January 25, 2022
2108 NE 27th Street
Renton, WA 98056
q123117@gmail.com
quyen@vinason.net
Re: File #21-105178-PC, PREAPPLICATION CONFERENCE SUMMARY
Federal Way Food Pod & Bar, 30600 Pacific Hwy S, Parcels #092104-9102 & -9121
Dear Quyen Phan:
Thank you for participating in the preapplication conference with the City of Federal Way’s Development
Review Committee (DRC) held January 13, 2022. We hope that the information discussed at that meeting was
helpful in understanding the general requirements for your project as submitted.
This letter summarizes comments given to you at the meeting by the members of the DRC. The members
who reviewed your project and provided comments include staff from the City’s Planning and Building
Divisions, Public Works Department, and representatives from Lakehaven Water and Sewer District and
South King Fire and Rescue. Some sections of the Federal Way Revised Code (FWRC) and relevant information
handouts are enclosed with this letter. Please be advised, this letter does not represent all applicable codes. In
preparing your formal application, please refer to the complete FWRC and other relevant codes for all
additional requirements that may apply to your project.
I am the key contact for your project and can be reached at 253-835-2634 and
stacey.welsh@cityoffederalway.com. For specific technical questions about your project, please contact the
appropriate DRC representative as listed below. Otherwise, any general questions about the preapplication
and permitting process can be referred to your key contact.
PROJECT DESCRIPTION
A proposal to create a 20-trailer outdoor food pod, an indoor commissary kitchen, and tavern along with
associated site improvements.
MAJOR ISSUES
Outlined below is a summary of the major issues of your project based on the plans and information
submitted for preapplication review. These issues can change due to modifications and revisions in the plans.
The major issues section is only provided as a means to highlight critical requirements or issues. Please be
sure to read the comments made by all departments in the following section of this letter.
Planning Division
1. Use Process III (UP III) land use review and State Environmental Policy Act (SEPA) checklist are
required.
2. A 20-foot setback along the residential zone to the east is required.
Quyen Phan
Page 2 of 17
January 25, 2022
21-105178-00-PC Doc ID: 81996
Public Works Development Services Division
1. Surface water runoff control and water quality treatment will be required per the 2021 King County
Surface Water Design Manual (KCSWDM), and City addendum to the manual. This project meets the
requirements for a Full Drainage Review. A Level 1 downstream analysis shall also be provided in the
preliminary TIR.
2. The project lies within a Conservation flow control area; thus the applicant must design the flow
control facility to meet this performance criteria. Best Management Practices (BMPs) are required as
outlined in the KCSWDM. The project also lies within an Enhanced Basic Water Quality Area.
Water Quality Treatment shall be designed to meet the treatment criteria of the Enhanced Basic
Water Quality Menu.
3. In addition to the KCSWDM, our initial review suggests that FWRC Section 19.30.120,
“Nonconforming Water Quality Improvements” may apply to the northern parcel.
4. Detention and water quality facilities for private commercial developments must be above ground
(i.e. open pond). Underground facilities are allowed only with approval from the City of Federal Way
Public Works Department. A separate request for underground facilities shall be made to the Public
Works Department.
Public Works Traffic Division
1. Transportation Concurrency Management (FWRC 19.90) – Transportation concurrency permit
with application fee of $9,972.00 is required for the proposed project.
2. Traffic Impact Fees (FWRC 19.91) - Traffic impact fees are required and will be assessed based on
the change of use of the existing building and per food trailer pod.
3. Access and Circulation – Ensure driveway and site circulation are adequate to accommodate
expected vehicles using the site such as garbage and delivery trucks.
DEPARTMENT COMMENTS
Outlined below are the comments made by the representatives of each department present at the
preapplication conference. Each section should be read thoroughly. If you have questions, please contact the
representative listed for that section.
COMMUNITY DEVELOPMENT – PLANNING DIVISION
Stacey Welsh, 253-835-2634, stacey.welsh@cityoffederalway.com
1. Zoning Designation and Use – Zoning for the subject property is Community Business (BC). Per
FWRC 19.275.070 “Food trucks/carts” - food trailers that operate more than four hours at any one location
within a 24-hour period shall be considered a permanent use if occupying the site longer than 45 days,
whether consecutive or nonconsecutive, within a calendar year. Permanent food trailers/carts shall be
subject to the process and substantive portions of FWRC consistent with a brick and mortar business. As
such, the BC zone permits fast-food restaurant uses pursuant to FWRC 19.220.020.
2. Change of Use – The proposal also includes a proposed change of use in a portion of the tenant spaces
in the Federal Way Professional Center from office to a tavern and a commissary. A tavern is a permitted
use pursuant to FWRC 19.220.020. A commissary is considered manufacturing and production, limited,
(see definition below) which is a permitted use pursuant to FWRC 19.220.010. The Zoning Compliance
Review Change of Use triggered by FWRC 19.15.025 will be reviewed as part of the Use Process
application.
Quyen Phan
Page 3 of 17
January 25, 2022
21-105178-00-PC Doc ID: 81996
FWRC 19.05.130: “Manufacturing and production, limited,” means retail establishments engaged in
the small-scale manufacture, production, and on-site sales of custom goods and products. These uses
are distinguished from “manufacturing and production, general,” by a predominant use of hand tools
or domestic mechanical equipment, limited number of employees, limited sales volume, limited truck
deliveries, little or no outdoor storage, typical retail hours of operation, and an obvious retail
storefront with a public entrance that is in scale with the overall building and oriented to the right-of-
way. This category includes uses such as ceramic studios; candle-making shops; custom jewelry
manufacturing; woodworking and cabinet making; manufacturing of specialized orthopedic
appliances such as artificial limbs or braces; manufacturing of dental appliances such as bridges,
dentures, and crowns; production of goods from finished materials such as wood, metal, paper, glass,
leather, and textiles; and production of specialized food products such as caterers, bakeries, candy
stores, micro-breweries, and beverage bottlers.
2. State Environmental Policy Act (SEPA) – Pursuant to FWRC 14.15.030(1), the project is subject to
environmental review under the State Environmental Policy Act (SEPA), as the proposal exceeds the flexible
thresholds (parking for 40 or more vehicles). An environmental threshold determination made by the
Director of Community Development must be issued, and the associated appeal period concluded, prior
to issuance of a land use decision. Public notice will be required as established in FWRC Title 14.
3. Land Use Application – The proposal involves a proposed change of use at a developed site,
improvements to an existing developed site, the addition of a new use to a developed site, and a new use
on a vacant site. These varied components are all addressed in codes that dictate the type of Use Process
land use application that is required. Ultimately, since the project triggers SEPA, a Use Process III (UP
III) land use application is required. UP III is an administrative review conducted by city staff with a final
decision issued by the Director of Community Development.
Please note, the original application fee collected at submittal of the land use application covers the initial
review and one resubmittal only. The City charges applicants for any additional staff time necessary to
complete each review following the first resubmittal.
The building permit process is separate from land use review and is subject to fees, procedures, and
review timeframes. UP III land use approval is required prior to submitting for the building permit
application to avoid delay in project review. No clearing, grading, or demolition may occur on site in
advance of the land use approval, building or grading permit, demolition permits, or other approval
process as required by the City.
4. Land Use Review Timeframes – The Planning Division will notify the applicant of the application
status within 28 days of submittal. If the application is determined complete, staff will issue a Letter of
Complete Application. The FWRC limits the administrative review to 120 days from the date of a
complete application. The 120-day review period will stop any time the applicant has been requested by
the city to correct plans, perform required studies, or provide additional information needed to issue a
decision. The review period will begin within 14 days following submittal of requested items. Please be
advised that any request for corrections and/or additional information must be provided within 180 days
of written notification, or the land use application will expire.
5. Public Notice – Process III applications require a public notice and comment period. Within 14 days of
issuing the Letter of Complete Application, a Notice of Application will be published in the Federal Way
Quyen Phan
Page 4 of 17
January 25, 2022
21-105178-00-PC Doc ID: 81996
Mirror, posted on the subject property, posted on the city website, and mailed to property owners within
300 feet of the subject property.
6. Land Use Application Submittal Requirements – Please refer to the enclosed Bulletin #001,
“Submittal Requirements for Use Process III or IV,” to determine what materials must be submitted with
the land use application.
7. Effect of Use Process Decision – In accordance with FWRC 19.15.100(2), “Lapse of Approval -
Generally,” the applicant must substantially complete construction for the development activity, use of
land, or other actions approved; and complete the applicable conditions listed in the Use Process decision
within five years after the final decision of the city on the matter, or the decision becomes void.
Provisions for extension of time are contained within FWRC 19.15.110, “Lapse of Approval – Time
Extension.”
8. Key Development Regulations – The use zone chart of FWRC 19.220.020, “Entertainment –
Generally,” provides regulations for the proposed fast food restaurant (food trailer) and tavern uses in
the BC zone. The use zone chart of FWRC 19.220.010, “Office/retail – Manufacturing and production,
limited,” provides regulations for the proposed commissary use in the BC zone. The following is only a
portion of the zoning regulations governing the proposed uses in the BC zone. The applicant should
consult the referenced use zone charts prior to submitting a Land Use application:
Fast food restaurant (food trailers) & tavern (FWRC 19.220.020)
Requirements for yards, lot coverage, building height, and parking are:
(a) Required Yards – There are zero foot setback requirements for food trailers and tavern uses, except 20
feet along residential zones. There is a residential zone (RM 1800) to the east and therefore the
setback along the eastern property line is 20 feet.
FWRC 19.125.160 lists structures and improvements that may be located within required
yards.
(b) Lot Coverage – No maximum lot coverage applies. The buildable area will be determined by other
requirements like landscaping, required yards, etc.
(c) Maximum Building Height – The height allowed is 35 feet above average building elevation (AABE) to
55 feet and four floors, if certain criteria are met. Per use zone chart Note #2, building height may
not exceed 30 ft. AABE when located within 100 ft. of a residential zone.
(d) Parking – Required parking for food trailers is one parking space per 80 square feet of gross floor
area. This would be calculated based on the size of proposed food trailer, on average, and the
outdoor seating/plaza area. Required parking for the tavern is one parking space per 100 square feet
of gross floor area. The common bathroom and enclosed covered entrance area square footage needs
to be allocated to one of the uses in order to calculate required parking for those portions of the
building.
The formal land use application must include a copy of any existing shared parking agreement; if
there is not one, specify this in the project narrative. The submittal will need to address how the
Quyen Phan
Page 5 of 17
January 25, 2022
21-105178-00-PC Doc ID: 81996
minimum parking requirements for all existing and proposed uses on the parcels meet the minimum
parking standards (refer to FWRC 19.130.020). See the enclosed handout for dimensional
requirements for parking stalls.
(e) Special Regulations and Notes from Use Zone Chart –
(Note #4) Fast food restaurants (food trailers) must provide one outdoor waste receptacle
for every eight parking spaces.
Commissary (FWRC 19.220.010)
Requirements for yards, lot coverage, building height, and parking are:
(a) Required Yards – There are zero foot setback requirements for commissary use, except 20 feet along
residential zones. There is a residential zone (RM 1800) to the east and therefore the setback along
the eastern property line is 20 feet.
(b) Lot Coverage – No maximum lot coverage applies. The buildable area will be determined by other
requirements like landscaping, required yards, etc.
(c) Maximum Building Height – The height allowed is 35 feet above average building elevation (AABE) to
55 feet and four floors, if certain criteria are met. Per use zone chart Note #3, building height may
not exceed 30 ft. AABE when located within 100 ft. of a residential zone.
(d) Parking – Required parking for the commissary is one parking space per 1,000 square feet of gross
floor area. See the enclosed handout for dimensional requirements for parking stalls.
Per FWRC 19.130.170, the applicant may develop and designate up to 25 percent of the number of
parking spaces for compact cars. The commissary office square footage needs to be accounted for in
terms of required parking. Additionally, the common bathroom and enclosed covered entrance area
square footage needs to be allocated to one of the uses in order to calculate required parking for
those portions of the building.
The formal land use application must include a copy of any existing shared parking agreement; if
there is not one, specify this in the project narrative. The submittal will need to address how the
minimum parking requirements for all existing and proposed uses on the parcels meet the minimum
parking standards (refer to FWRC 19.130.020).
(e) Special Regulations and Notes from Use Zone Chart –
(Note #5) Manufacturing and production, limited, as defined in this title, or similar uses as
may be approved by the Director of Community Development, if the proposed use is
determined to be consistent with adopted comprehensive plan policies for this zone.
Per the Federal Way Comprehensive Plan, adopted land use polices for the BC zone are:
LUP 39 Encourage transformation of the Pacific Highway (SR-99) Community
Business corridors into quality retail/commercial mixed use areas, designed to integrate
auto, pedestrian, and transit circulation, and to improve traffic flow and safety, including
access control and off-street interconnectivity between adjoining properties where feasible.
Quyen Phan
Page 6 of 17
January 25, 2022
21-105178-00-PC Doc ID: 81996
Continue to utilize Community Design Guidelines to ensure quality site and building
design and functional and aesthetic compatibility between uses. Integration of pedestrian
amenities and open space into retail and office development should also be encouraged.
LUP 40 Encourage a range of pedestrian-oriented retail, while continuing to accommodate
auto-oriented retail uses, and provide supportive uses to meet the needs of residents and
employees in the area.
9. Surface Materials – Per FWRC 19.130.210, the applicant shall surface the parking areas, driveways, and
other vehicular circulation areas with a material comparable or superior to the surface material of the
right-of-way providing direct vehicle access to the parking area. With the UP III application, the site plan
must depict paved areas for each food trailer.
10. Landscaping – The land use application must include a preliminary landscape plan, prepared by a
landscape architect licensed in the state of Washington, a nursery professional certified pursuant to the
Washington Certified Nursery Professional program, or a Washington State certified landscape
technician, in accordance with the landscape requirements contained in FWRC Chapter 19.125,
“Outdoors, Yards, and Landscaping.” Following are the key landscape requirements for the project:
(a) Perimeter Landscape Buffers – Per FWRC 19.125.060(6), Community Business, BC, requires a minimum
of Type III landscaping five feet in width along the perimeter of parking areas abutting public rights-
of-way. Type I landscaping 15 feet in width is required along the perimeter of property abutting a
residential zoning district (east property line). Type III landscaping five feet in width shall be
provided along all other perimeter lot lines, except that landscaping is not required along interior lot
lines within a development where parking is being shared, or along perimeter lot lines abutting rights-
of-way where building is constructed so that the building’s side(s) rest directly on the lot line and no
yard is required, FWRC 19.125.040(27-28).
a. Per FWRC 19.125.050(3), Type III landscaping consists of a mixture of evergreen and
deciduous trees, large shrubs a minimum of 24 inches in height at the time of planting, and
groundcover; spaced to provide a visual buffer creating a partial visual separation.
b. Per FWRC 19.125.050(1), Type I landscaping consists of evergreen trees, large shrubs and
groundcover, which will provide a 100 percent sight-obscuring screen within three years
from the time of planting; or a combination of approximately 75 percent evergreen and 25
percent deciduous trees, with an allowable five percent variance, with large shrubs, and
groundcover backed by a 100 percent sight-obscuring fence. Tree, shrub, and groundcover is
to be spaced to provide a solid sight barrier to separate residential use to the east.
(b) FWRC 19.125.070(5)(a) requires that a three-foot-tall berm (or increased plantings) be installed in
perimeter landscaping buffers screening parking areas from the adjacent right-of-way.
(c) Per FWRC 19.125.040(4), all trash enclosures shall be screened from abutting properties, and/or
public rights-of-way, by a 100 percent sight-obscuring fence or wall and appropriate landscape screen.
(d) Interior Parking Lot Landscaping – Per FWRC 19.125.070(2)(a)(i)(B), required Type IV interior lot
landscape areas shall be provided at the following rate within paved areas: commercial developments
Quyen Phan
Page 7 of 17
January 25, 2022
21-105178-00-PC Doc ID: 81996
shall provide the following: 22 square feet per parking stall when up to 50 or more parking stalls are
provided.
Type IV parking lot landscaping is required to be installed at the ends of all rows of parking and
disbursed throughout the interior parking area. The site plan must list the specific size of each
landscape island proposed for interior parking lot landscaping in order to verify the required
calculation is provided. Landscape islands must be a minimum width of six feet between stalls and at
the ends of rows. Permanent curbing shall be provided in all landscape areas within or abutting
parking areas. Based upon appropriate surface water considerations, other structural barriers may be
substituted for curbing, such as concrete wheel stops.
Per FWRC 19.125.100, any proposed landscape modifications will be reviewed and decided upon in
conjunction with the Site Plan Modification Approval. A request for a landscape modification must
include a written narrative of how the proposal meets the applicable modification criteria. This is not a
Variance pursuant to FWRC 19.45.
11. Clearing, Grading, and Tree and Vegetation Retention – The land use application must include a
clearing and grading plan consistent with FWRC 19.120.040(1). Clearing and grading plans are reviewed
and approved in conjunction with the land development permit associated with the proposed
development. Approval and Notice to Proceed shall be required prior to commencing clearing and
grading activities on the site, (refer to FWRC 19.120.060(2)).
A tree and vegetation retention plan as required under FWRC 19.120.140(2) must also be submitted with
the land use application. The tree and vegetation retention/replacement plan must be prepared by a
certified arborist or certified landscape architect. The standards require each development to maintain a
minimum tree unit density. The minimum tree density in the BC zone is 20 tree units per acre.
A tree unit is a value assigned to existing trees retained on the property or replacement trees. The larger
the tree, the greater value it is assigned. Required tree density can be composed of retained trees and
replacement plantings per FWRC 19.120.130. (Note: required landscaping trees may be counted in the
tree density.) The tree and vegetation plan must clearly show where the required tree units are to be
located. The formal landscape plan must detail information about tree unit credits and replacement.
12. Critical Areas – None known.
13. Community Design Guidelines – Review of the proposal under the City’s design guidelines, FWRC,
Chapter 19.115, is required for the project and will occur as part of the land use review. The principal
applicable guidelines for the project are noted below; however, this does not necessarily include all
applicable guidelines. Project designers must consult the guidelines in their entirety when preparing an
application. The application must include a written narrative identifying how the proposal complies with
the applicable design guidelines, as detailed.
a. FWRC 19.115.010(2), CPTED – Implement Crime Prevention through Environmental Design
(CPTED) principles to reduce opportunities for criminal activities to occur. The City’s Police
Department and Planning Division will evaluate and review the UPII application for compliance with
CPTED principles. A completed CPTED checklist must be submitted with your application.
i. Natural Surveillance – Promote visibility of public spaces and areas.
Quyen Phan
Page 8 of 17
January 25, 2022
21-105178-00-PC Doc ID: 81996
ii. Access Control – Identify techniques that deter unauthorized and/or inappropriate access.
iii. Ownership – Reduce perception of areas as ownerless.
b. FWRC 19.115.050, Site Design – Refer to all sections of this chapter for site design standards. Key
sections include:
(1) General criteria (b)-(g)
(2) Surface parking lots (a)-(c), and (e)
(4) Pedestrian circulation and public spaces (a)-(f)
(5) Landscaping
(6) Commercial services (a)-(b)
(7) Miscellaneous (a)
c. FWRC 19.115.090(1)(a) & (f), District Guidelines for the Business Community (BC) Zone.
14. Lighting – FWRC 19.105.030 contains lighting regulations. The applicant shall select, place, and direct
light sources both directable and nondirectable so that glare produced by any light source, to the
maximum extent possible, does not extend to adjacent properties or to the right-of-way. A lighting plan
will be required with the land use submittal.
15. Garbage and Recycling – The formal application must note the specific size, design, location, and
screening of garbage receptacles as required by FWRC 19.125.040 and 19.125.150. Locations for the
recycling and garbage facilities, and any fencing or screening details, must be depicted on the formal site
plan.
16. Boundary Line Adjustment – A Boundary Line Adjustment would be required to adjust or remove the
common property line between the two parcels. Without this, a shared parking agreement is required or
else the project must install perimeter site landscaping along both sides of the common property line.
17. Application Submittal & Fees – The formal application must be prepared in accordance with the city’s
Submittal Requirements for Use Process III (enclosed) and must be accompanied by the appropriate fees. All
project submittals must be submitted electronically. Please visit the city’s website to request a document
upload link for submittal: www.cityoffederalway.com/node/4588. Please contact the Permit Center at
permitcenter@cityoffederalway.com or 253-835-2607 for updated fee schedules for applications and
permits, or for help with the submittal process.
PUBLIC WORKS – DEVELOPMENT SERVICES DIVISION
Kevin Peterson, 253-835-2734, kevin.peterson@cityoffederalway.com
Land Use Issues – Stormwater
1. Surface water runoff control and water quality treatment will be required per the 2021 King County Surface
Water Design Manual (KCSWDM), and City addendum to the manual. This project meets the
requirements for a Full Drainage Review. At the time of land use site plan submittal, a preliminary
Technical Information Report (TIR), addressing the relevance of the project to the nine core and five
special requirements of the KCSWDM will be required. A Level 1 downstream analysis shall also be
provided in the preliminary TIR.
Quyen Phan
Page 9 of 17
January 25, 2022
21-105178-00-PC Doc ID: 81996
2. The project lies within a Conservation flow control area, thus the applicant must design the flow control
facility to meet this performance criteria. In addition to flow control facilities, Best Management
Practices (BMPs) are required as outlined in the KCSWDM. The project also lies within an Enhanced
Basic Water Quality Area. Water Quality Treatment shall be designed to meet the treatment criteria of
the Enhanced Basic Water Quality Menu. In addition to those water quality treatment systems identified
in the KCSWDM, the City will also accept those systems that have been approved for Enhanced Basic
Treatment under the Washington State Department of Ecology (WADOE) General Use Level
Designation (GULD) criteria.
3. In addition to the KCSWDM, our initial review suggests that FWRC Section 19.30.120,
“Nonconforming Water Quality Improvements” may apply to the northern parcel. Specifically, the
following items may be applicable:
1.a. Redevelopment which involves the creation or addition of impervious surfaces having an area of
5,000 square feet or more;
1.c. Redevelopment which involves the repair or replacement of 5,000 square feet or more of an
impervious surface, when such redevelopment is not part of a routine maintenance activity;
1.f. Redevelopment which involves a change in use, and the changed use has a potential to release a new
pollutant(s) to surface water systems within the City. For the purposes of this subsection, “new
pollutant(s)” means a pollutant that was not discharged at that location immediately prior to the change
in use, as well as a pollutant that was discharged in less quantities immediately prior to the change in use;
Therefore, water quality treatment will be required for the entire site, including new and existing
pollution generating impervious surfaces. Treatment options must be selected from the Enhanced Basic
Water Quality Menu provided in the KCSWDM.
4. The 2021 King County Stormwater Pollution Prevention Manual (SPPM) provides requirements for
Best Management Practices (BMPs) to help prevent cooking and cooking waste oils, other grease, food
waste, washwater, etc. from entering the stormwater system. Specifically, BMP activity sheets A-8 and
A-12 would apply to this project. The applicant should review these sheets and incorporate the Required
BMPs for these activities into the narrative of their stormwater Technical Information Report (TIR).
5. All topographic and elevation data shall be based on N.G.V.D.-29 Datum and the phrase “DATUM:
N.G.V.D.-29” shall be called out the plan sheets.
6. The City has adopted a storm water System Development Charge (SDC). The SDC is based on the
amount of new impervious surfaces added for any development project. For calculating the SDC,
impervious surfaces are expressed as an Equivalent Service Unit: 1 ESU = 3,200 square feet (SF) of
impervious surface added. Therefore, the SDC = the total of all SF of new impervious surface added ÷
3,200 x current SDC fee. A 5% administration fee will be added to the total SDC for all permits. The
current (2022) SDC fee is $1,035.00 per ESU. All SDC fees are payable at permit issuance.
7. All trash and recycling enclosures shall meet the requirements of FWRC 19.125.150, including how
storm water runoff from the floor of the enclosure is treated prior to release into either the storm drain
Quyen Phan
Page 10 of 17
January 25, 2022
21-105178-00-PC Doc ID: 81996
system or sanitary sewer system.
8. If infiltration is proposed, soil logs prepared by a licensed geotechnical engineer or septic designer must
be provided to verify infiltration suitability.
9. Detention and water quality facilities for private commercial developments outside the City Center Core
must be above ground (i.e. open pond). Underground facilities are allowed only with approval from the
City of Federal Way Public Works Department. A separate request for underground facilities shall be
made to the Public Works Department.
10. Show the proposed location and dimensions of the detention and water quality facilities on the
preliminary plans.
11. If more than one acre will be disturbed during construction, a National Pollutant Discharge Elimination
System (NPDES) construction storm water permit may be required. Information regarding this permit
can be obtained from the Washington State Department of Ecology at
http://www.ecy.wa.gov/programs/wq/stormwater/construction/index.html or by calling 360-407-
6048.
Right-of-Way Improvements
1. See the Traffic Division comments from Sarady Long, Sr. Transportation Planning Engineer, for traffic
related items.
2. If dedication of additional right-of-way is required to install street frontage improvements, the
dedication shall be conveyed to the City through a statutory warranty deed. The dedicated area must
have clear title prior to recording.
Building [or Engineering (EN)] Permit Issues
1. Engineered plans are required for clearing, grading, road construction, and utility work. Plans must be
reviewed and approved by the City. Engineering review fees (2022) are $3,325.00 for the first 18 hours
of review for Commercial Permits, and $184.00 per hour for additional review time. A final TIR shall be
prepared for the project and submitted with the engineering plans. Both the TIR and the plans will
require the signature/seal of a professional engineer registered/licensed in the State of Washington.
2. The Federal Way Public Works Development Standards Manual (including standard detail drawings, standard
notes, and engineering checklists) is available on the City’s website at
http://www.cityoffederalway.com/index.aspx?nid=171 to assist the applicant’s engineer in preparing
the plans and TIR.
3. Bonding is required for all temporary erosion and sediment control measures associated with the
project. The bond amount shall be 120 percent of the estimated costs of the improvements. An
administrative fee deposit will need to accompany the bond to cover any possible legal fees in the event
the bond must be called. Upon completion of the installation of the improvements, and final approval
of the Public Works Inspector, the bond will be reduced to 30 percent of the original amount and held
for a two-year maintenance period.
Quyen Phan
Page 11 of 17
January 25, 2022
21-105178-00-PC Doc ID: 81996
4. The developer will be responsible for future maintenance of all storm drainage facilities.
5. Drawings submitted for plan review shall be printed on 24″ x 36″ or 22″ x 34″ paper. Site plans shall be
drawn at a scale of 1″ = 20′, or larger. Architectural scales are not permitted on engineering plans.
6. Provide cut and fill quantities on the clearing and grading plan.
7. Temporary Erosion and Sediment control (TESC) measures, per Appendix D of the 2021 KCSWDM,
must be shown on the engineering plans.
8. The site plan shall show the location of any existing and proposed utilities in the areas affected by
construction.
PUBLIC WORKS TRAFFIC DIVISION
Sarady Long, 253-835-2743, sarady.long@cityoffederalway.com
Transportation Concurrency Analysis (FWRC 19.90)
1. Based on the submitted materials for 20 food trailer pods and a 2,500 SF tavern/taproom, the Institute of
Transportation Engineers (ITE) Trip Generation - 11th Edition, land use code 926 (Food Cart Pod) and 971
(Brewer Tap Room), the proposed project is estimated to generate up to 132 new weekday PM peak hour
trips.
2. A concurrency permit is required for this development project. The PW Traffic Division will perform
concurrency analysis to determine if adequate roadway capacity exists during the weekday PM peak
period to accommodate the proposed development. Please note that supplemental transportation analysis
and concurrency mitigation may be required if the proposed project creates an impact not anticipated in
the six-year Transportation Improvement Plan (TIP).
3. The estimated fee for the concurrency permit application is $9,972.00 (51 – 500 PM Trips). This fee is an
estimate and based on the materials submitted for the pre-application meeting. The concurrency
application fee must be paid in full at the time the concurrency permit application is submitted with land
use application. The fee may change based on the new weekday PM peak hour trips as identified in the
concurrency trip generation. The applicant has the option of having an independent traffic engineer
prepare the concurrency analysis consistent with City procedures; however, the fee remains the same.
Transportation Impact Fees (FWRC 19.91)
1. Based on the proposed permanent 20 food trailer pods and a 2,500 sq. ft. tavern/taproom, the traffic
impact fee is expected to be approximately $300,478 ($13,230 per food trailer pod plus change of use
impact fee). The total amount of the impact fees will be assessed and collected from the applicant when
the UPIII, or building permit (if applicable) is issued, using the fee schedule then in effect.
Street Frontage Improvements (FWRC 19.135)
1. The applicant/owner would be expected to construct street improvements consistent with the planned
roadway cross-sections as shown in Map III-4 in Chapter III of the Federal Way Comprehensive Plan
(FWCP) and Capital Improvement Program (CIP) shown as Table III-10 (FWRC 19.135.040). Based on
the materials submitted, staff conducted a limited analysis to determine the required street improvements.
The applicant would be expected to construct frontage improvements on SR 99 to a Type “A” street,
consisting of a 90’ street with curb and gutter, 6’ planter strips with street trees, 8’ sidewalks, and street
Quyen Phan
Page 12 of 17
January 25, 2022
21-105178-00-PC Doc ID: 81996
lights in a 124’ right-of-way (ROW). The SR 99 property frontage was completed as part of the SR 99
Phase 3 project, and as such, additional improvement is not anticipated. However, the applicant must
address pedestrian (High School students) safety crossing SR 99 as a result of the attraction created by
the food trailer.
Access Management (FWRC 19.135)
1. The driveway on SR 99 has been established as part of the SR 99 Phase 3 project. Any modifications may
require relocation and improvement to meet highway access spacing of 250 feet per WAC 468-52-040.
2. For driveways that serve uses other than single-family residential uses and zero lot line townhouse
development, the maximum driveway width is 30 feet for a two-lane two-way driveway and 40 feet for a
three-lane two-way driveway (FWRC 19.135.270). Driveway widths may be increased in order to provide
adequate width for vehicles that may be reasonably expected to use the driveway, as determined by the
Public Works Director.
3. Minimum throat length for non-single-family driveways shall be 40 feet minimum, 50 feet desirable.
Throat length is measured from the face of curb (or edge of traveled way if no curb exists) on the public
street to the first conflicting drive aisle or parking movements that would conflict with entering and
exiting traffic.
4. The proposed 25 parking stalls may not be adequate to accommodate the expected traffic generated
during the weekday pm peak. The Community Development Department will be able to assist with
determining the appropriate parking requirement for the proposed use.
5. Submit a Vehicle Turning Diagram showing how the appropriate design vehicle garbage truck can enter,
maneuver, and leave the site without encroaching onto opposing traffic lanes or mounting a curb.
PUBLIC WORKS – SOLID WASTE AND RECYCLING DIVISION
Rob Van Orsow, 253-835-2770, rob.vanorsow@cityoffederalway.com
Solid Waste & Recycling Design Considerations
Adequate space allocation for interior and exterior garbage, recycling, food waste, waste oil, yard
debris, hazardous waste, and/or biohazard collection containers is to be provided. The minimum
enclosure area is established by FWRC 19.125.150(7)(a). FWRC requires that plans allow access to
containers for both occupants and haulers.
Basic solid waste and recycling services typically include two ‘dumpster’ containers situated side-by-
side within a single trash enclosure. With gate doors open, 18 feet of clearance width is required; no
structures (such as gate posts) are allowed across the enclosure opening. Gate pins/holes are
preferred to hold gates closed or open (to allow service access and preserve gate hardware).
Plan unobstructed access for service vehicles, in-line with enclosure openings. Allow appropriate
paved turning area for service vehicles, minimizing ‘blind spots’ during ingress and egress.
Per FWRC 19.125.150 (7)(e), sites may require a larger enclosure, or multiple enclosures, to
accommodate on-site user access and/or additional waste types and containers
Quyen Phan
Page 13 of 17
January 25, 2022
21-105178-00-PC Doc ID: 81996
Per FWRC 19.125.150 (6)(d), depending on enclosure size, surface water run-off must be managed
via an oil-water separator, while large enclosures require a roof combined with a drain to sanitary
sewer. A related Spill Prevention Plan is also required.
Landscaping and screening requirements are established in FWRC 19.125.040(4) and (5).
COMMUNITY DEVELOPMENT – BUILDING DIVISION
Greg Kirk, 253-835-2621, greg.kirk@cityoffederalway.com
1. Building Codes. The structure will be treated as a new building permit application and must meet all
current codes including the following:
International Building Code (IBC), 2018
Washington State Amendments WAC 51-50
International Mechanical Code (IMC), 2018
Washington State Amendments WAC 51-52
Uniform Plumbing Code (UPC), 2018
Washington State Amendments WAC 51-56 & WAC 51-57
International Fire Code (IFC), 2018
Washington State Amendments WAC 51 -54
National Electric Code (NEC), 2019
Accessibility Code (ICC/ANSI A117.1), 2009
International Residential Code, 2018
Washington State Amendments WAC 51-51
Washington State Energy Code, 2018 WAC 51-11
2. Building Permit Application Process. A completed building permit application and commercial
checklist are required for intake of building permit. A project-specific Commercial Checklist will be filled
out by staff and provided at the time of Land Use Approval. Copies of application and checklist may be
obtained on our web site at www.cityoffederalway.com.
Submittal of the building permit is by electronic submittal only. Please use this link
https://www.cityoffederalway.com/node/4588 to request a link to upload your submittal documents. If
you have questions about this process, please email the permit center at
ElectronicSubmittal@cityoffederalway.com. Please note, the application fee collected at initial submittal
of the permit application covers the initial review and one resubmittal only. The City will be charging
applicants for any additional staff time necessary to complete each review following the first resubmittal.
Quyen Phan
Page 14 of 17
January 25, 2022
21-105178-00-PC Doc ID: 81996
Some projects may require a third-party review or inspection. The cost to cover these fees is the
responsibility of the applicant. Any third-party fee is in addition to regular permit fees and costs.
Please note, Land Use Approval is recommended prior to submitting the building permit application to
avoid delay in project review. If the project has not received Land Use Approval, it may be placed on
hold until Land Use review is completed.
3. Review Timing. Federal Way reviews plans on a first in, first out basis; however, there are some small
projects with inconsequential review requirements that may be reviewed out of order. The first comment
letter can be expected within four to six weeks of submittal date. Re-check of plans will occur in one to
three weeks after re-submittal.
Revised or resubmitted plans shall be provided in the same format, size, and amount as the originally
submitted plans. Revised/resubmitted drawings shall indicate, by means of clouding or written response,
what changes have been made from the original drawings. Plans for all involved departments will be
forwarded from the Community Development Department to all review staff. Please use this link
https://www.cityoffederalway.com/node/4588 to request a link to upload your submittal documents. If
you have questions about this process, please email the permit center at
ElectronicSubmittal@cityoffederalway.com. The application fee collected at initial submittal of the permit
application covers the initial review and one resubmittal only. The City will be charging applicants for any
additional staff time necessary to complete each review following the first resubmittal.
5. Other Permits & Inspections. Separate permits may be required for electrical, mechanical, plumbing,
fire suppression systems, and signs. Applicants may apply for separate permits at any time prior to
commencement of construction.
When required, special inspections shall be performed by WABO approved agencies or by agencies
approved by the building official prior to permit issuance. Construction must be approved by all
reviewing departments prior to final building division inspection.
All concerned departments (Planning, Public Works, Electrical, & Fire) must sign off before the Building
Department can approve the structure for occupancy. The Final Building inspection must be approved
prior to the issuance of a Certificate of Occupancy.
Construction projects may be required to have a pre-construction conference. If a pre-construction
meeting is required, the general or representative, all subs, the architect or representative, the engineer or
representative, electrical contractor, and any other interested party, should attend this meeting. Meetings
will occur at the Building Department and will be scheduled by the inspector of record for the project.
6. Site-Specific Requirements.
a. If food trucks are going to be placed on-site, then no building permits will be required except for the
cover over the seating/eating area.
b. If shipping containers are going to be placed on site then a separate building permit will be required
for each container. The containers will be treated as a structure and will need to meet building,
energy, electrical, and plumbing codes.
Quyen Phan
Page 15 of 17
January 25, 2022
21-105178-00-PC Doc ID: 81996
The information provided is based on limited plans and information. The comments provided are
not intended to be a complete plan review and further comments are possible at time of building
permit plan review.
LAKEHAVEN WATER AND SEWER DISTRICT
Brian Asbury, 253-946-5407, BAsbury@lakehaven.org
GENERAL
All Lakehaven Development Engineering related application forms, and associated standards
information, can be accessed at Lakehaven’s Development Engineering web pages
(http://www.lakehaven.org/204/Development-Engineering).
All comments herein are valid for one (1) year and are based on the proposal(s) submitted and Lakehaven’s
current regulations and policies. Any change to either the development proposal(s) or Lakehaven’s
regulations and policies may affect the comments noted below accordingly.
WATER
A Water Certificate of Availability issued separately by Lakehaven may be required to be submitted with any
land use and/or building permit applications (check with land use agency for requirement). Certificate is
valid for one (1) year from date of issuance. If Certificate is needed, allow 1-2 work days to issue for typical
processing. 2022 cost for a Water Certificate of Availability is $64.65.
A water service connection application submitted separately to Lakehaven is required for each new service
connection to the water distribution system, or any modification to an existing water service connection (e.g.,
larger meter/service, irrigation, abandonment of existing service(s), re-activation, etc.), in accordance with
standards defined in Lakehaven’s current ‘Fees and Charges Resolution’. Non-single-family properties require
separate domestic (per building, typically, some exceptions allowed), irrigation (if irrigated landscaped areas
are incorporated into the site development &/or property has a sewer service connection), and fire
protection (if required or installed) water service connections & meters.
To satisfy premise isolation requirements, the installation & satisfactory testing of an approved backflow
prevention assembly (BPA) adjacent to each domestic & irrigation service meter is required pursuant to
WAC 246-290-490 & Lakehaven standards regarding premise isolation. As low health cross-connection
hazards, either a double check valve assembly (DCVA) or a reduced pressure backflow assembly (RPBA) is
required. Contact Lakehaven’s Cross-Connection Control Program Manager (Chris Zoepfl,
CZoepfl@Lakehaven.org, 253-946-5427) for additional information on premise isolation/BPA installation &
testing coordination.
Based on the proposal submitted, preliminary estimated Lakehaven water service connection
fees/charges/deposits (2022 schedule) will be as follows. Actual connection charges will be determined upon
submittal of service connection application(s) to Lakehaven. All Lakehaven fees, charges and deposits are
typically reviewed & adjusted (if necessary) annually, and are subject to change without notice.
o Water Service/Meter Installation, Domestic (new uses), 1½” preliminary size: $7,250.00 deposit.
Actual size TBD by Lakehaven based on applicant’s estimated maximum GPM usage rate.
o Water Service/Meter Installation, Irrigation, 1” preliminary size: $7,250.00 deposit. Actual size TBD
by Lakehaven based on applicant’s estimated maximum irrigation GPM usage rate
Quyen Phan
Page 16 of 17
January 25, 2022
21-105178-00-PC Doc ID: 81996
o Capital Facilities Charge(s)-Water: $4,764.71 per Equivalent Residential Units (ERU). Actual amount
due TBD by Lakehaven based on applicant’s estimated annual total water usage rate.
SEWER
A Sewer Certificate of Availability issued separately by Lakehaven may be required to be submitted with any
land use and/or building permit applications (check with land use agency for requirement). Certificate is
valid for one (1) year from date of issuance. If Certificate is needed, allow 1-2 work days to issue for typical
processing. 2022 cost for a Sewer Certificate of Availability is $64.65.
A separate Lakehaven Sewer Service Connection Permit is required for each new connection to the sanitary
sewer system or any modification (disconnect, re-align, abandon, etc.) to an existing sewer service
connection, in accordance with standards defined in Lakehaven’s current ‘Fees and Charges Resolution’.
Minimum pipe slope for gravity sewer service connections is 2%. In addition to all other sewer service
installation standards, installation of a Type 1, 48” monitoring manhole is typically required on the private
building sewer line, for all new or modified non-residential connections. Also, installation of an externally-
located grease interceptor is required for all new restaurants &/or buildings with food preparation/service
establishments, size to be determined by applicant’s engineer. Also, if applicable, see attached Lakehaven
Trash/Recycling Enclosure Standards.
Based on the proposal submitted, preliminary estimated Lakehaven sewer service connection
fees/charges/deposits (2022 schedule) will be as follows. Actual connection charges will be determined upon
submittal of service connection application(s) to Lakehaven. All Lakehaven fees, charges and deposits are
typically reviewed & adjusted (if necessary) annually, and are subject to change without notice.
o Sewer Service Connection Permit: $441.78 (per connection/site/space).
o Capital Facilities Charge(s)-Sewer: $5,039.47 per ERU. Actual amount due TBD by Lakehaven
based on applicant’s estimated annual domestic/commercial/industrial only water usage rate. Sewer
system capacity credits are available for this property from system capacity charges previously
assessed, paid directly to Lakehaven, and/or credited to the property for 3.28 Equivalent Residential
Units (ERU). Please contact Lakehaven for further detail.
SOUTH KING FIRE AND RESCUE
Sean Nichols, 253-946-7242, Sean.Nichols@southkingfire.org
1. All food trucks that use the corral shall be permitted by a local fire department and provide proof to South
King Fire Prevention Division before occupying a space within the corral. Participating fire departments can
be found at https://www.kingcountyfirechiefs.org/fire-prevention/#368-437-mobile-food-facilities.
2. Contact SKFR for questions regarding hydrants, the turn-radius for fire trucks, fire access, and the
proposed tenant improvements.
CLOSING
This letter reflects the information provided at the preapplication meeting and is intended to assist you in
preparing plans and materials for formal application. We hope you found the comments useful to your
project. We have made every effort to identify major issues to eliminate surprises during the City’s review of
the formal application. The completion of the preapplication process in the content of this letter does not
vest any future project application. Comments in this letter are only valid for one year as per FWRC
19.40.070(4).
Quyen Phan
Page 17 of 17
January 25, 2022
21-105178-00-PC Doc ID: 81996
This is a preliminary review only and does not take the place of the full review that will follow submission of
a formal application. Comments provided in this letter are based on preapplication materials submitted.
Modifications and revisions to the project as presented for this preapplication may influence and modify
information regarding development requirements outlined above. In addition to this preapplication letter,
please examine the complete FWRC and other relevant codes carefully. Requirements that are found in the
codes that are not addressed in this letter are still required for your project.
If you have questions about an individual comment, please contact the appropriate department representative
noted above. Any general questions can be directed towards me, the key project contact at 253-835-2634 or
stacey.welsh@cityoffederalway.com. We look forward to working with you.
Sincerely,
Stacey Welsh, AICP
Principal Planner
enc: Bulletin 001 “Process III or IV Submittal Requirements”
Bulletin 003 “Master Land Use Application”
Bulletin 021 “CPTED Checklist Instructions”
Bulletin 022 “CPTED Checklist”
Bulletin 038 “Boundary Line Adjustment”
Bulletin 042 “Parking Lot Design Criteria”
Bulletin 050 “SEPA Environmental Checklist”
Lakehaven Map
Lakehaven Trash/Recycling Enclosure Standards
c: Kevin Peterson, Senior Engineering Plans Reviewer
Sarady Long, Senior Transportation Planning Engineer
Greg Kirk, Plans Examiner
Brian Asbury, Lakehaven Water & Sewer District
Sean Nichols, South King Fire & Rescue
Special Edition of America, lebinhlong@gmail.com