Jump Start Espresso Findings of Fact & Conclusions
EXHIBIT A
Findings of Fact and Conclusions for Project Approval
Federal Way Revised Code Chapter 19.60 “Process II Site Plan Review”
Jump Start Espresso
File #20-105047-00-UP
The Director of Community Development hereby makes the following findings pursuant to content
requirements of the Process II written decision as set forth in Federal Way Revised Code (FWRC) 19.60.070.
These findings are based on review of existing city documents and initial submitted items by the applicant
received January 15, 2021, and subsequent resubmittals on June 4, 2021, July 27, 2021, September 7, 2021,
and November 29, 2021.
Findings of Fact
1. Proposal – The applicant proposes development of a 561-square foot single story building and 130-square
feet dedicated to outdoor seating for fast food restaurant, totally 691 square feet of gross floor area,
including associated site work.
2. Site Conditions – The property is located at 3450 SW 320th Street, Federal Way (parcel 132103-9067). The
subject property is a 0.49-acre site.
3. Comprehensive Plan & Zoning Designation – The subject property is located within the Neighborhood
Business (BN) comprehensive plan and zoning designation. The property’s proposed use as a fast food
restaurant is a permitted use within the BN zoning designation pursuant to FWRC 19.215.020
Entertainment.
4. Review Process – Fast food restaurant use located in the BN zone is subject to the development review
procedures of Process II “Site Plan Review,” set forth in FWRC Chapter 19.60. Process II review
requires no public notice period and concludes with a written decision issued by the Director of
Community Development. Appeals of the director’s decision are conducted by the city’s Hearing
Examiner.
5. Environmental Review – The proposed improvements are exempt from environmental review. The new
building will be less than 12,000 square feet; the improvements are consistent with the State Environmental
Policy Act (SEPA) flexible thresholds as set forth in FWRC 14.15.030(c).
6. Tacoma Smelter Plume – The former Asarco copper smelter in Tacoma caused widespread soil
contamination with lead and arsenic in parts of King, Pierce, Kitsap, and Thurston counties. This 1,000
square mile area is known as the Tacoma Smelter Plume. The state cleanup level for arsenic is 20 parts
per million (ppm). According to the Department of Ecology map checked in 2022, the subject property is
located in the Tacoma Smelter Plume detect area containing 20.0 ppm to 40.0 ppm predicted arsenic
concentration. Initial soil testing must be provided with Department of Ecology (DOE).
Contact Eva Barber, Technical Assistance Coordinator, Department of Ecology, at
Eva.Barber@ecy.wa.gov or 360-407-7094 regarding the Voluntary Soil Clean-Up Program. Additional
information on the smelter plume testing and cleanup requirements can be found at
https://ecology.wa.gov/Spills-Cleanup/Contamination-cleanup/Cleanup-sites/Tacoma-
smelter/Technical-assistance.
7. Bulk & Dimensional Requirement – The proposed fast food restaurant is subject to the following yards,
height, lot coverage, and parking standards outlines in FWRC Use Zone Chart 19.215.020.
a. Setbacks – The required yards for a fast food restaurant use is 0 feet front, 10 feet side, and 10
feet rear. The structure is proposed within 100 feet of a residential zone, Single Family
Residential (RS7.2) to the west. Special Regulations and Notes #3 requires structure to be located
a minimum of 20 feet from the property line of the residential zone. The location of the
drive-through building as shown on the site plan demonstrates compliance with the required
setbacks.
b. Height – The subject parcel abuts a single-family zone and the maximum structure height is 30
feet per Special Regulations and Notes #3. The submitted architectural drawings show the height
of drive-through building is approximately 18 feet above average building elevation (AABE).
The height of the structure is below the maximum 30 feet.
c. Lot Coverage – Fast food restaurants do not have a maximum lot coverage per the Special
Regulations and Notes #7. Instead, the buildable area is determined by other site development
regulations, such as required yards, landscaping, surface water facility, etc. See sections 6(a), 7,
and 16 for review of applicable regulations.
d. Parking –Fast food restaurants require a minimum of 1 parking space per every 80 square feet.
The fast food restaurant is 561-square feet of indoor space and 130-square feet of outdoor
seating, therefore, requiring a minimum of 7 parking spaces (691 total space / 80 square feet
= 8.6 spaces). Pursuant to FWRC 19.130.040 if the parking spaces results in a fraction, that
fraction will be rounded up to the next higher whole number, therefore 9 spaces are required
by code.
The site plan demonstrates 9 total parking stalls; 4 parking stalls are adjacent to the building
of which one is an ADA parking stall. The remaining 5 parking stalls are provided north of
the subject property within an existing paved parking lot and are subject to the enclosed
Declaration of Access and Parking Easements.
8. Landscaping – Per FWRC 19.125.060(5), for entertainment uses within the BN zone, Type III, “Visual
Buffer,” landscaping of five feet in width shall be provided along the perimeter of the property abutting
the right-of-way and along ingress/egress easements. Type I “Solid Screen” landscaping of fifteen feet in
width shall be provided along the perimeter of the property abutting a residential zoning district.
The submitted landscape plan demonstrates compliance with the minimum landscaping Type III
landscaping five feet in width along the north, east and south property lines and Type I landscaping
fifteen feet in width along the west property line abutting a residential zoning district.
Per FWRC 19.125.070(2)(a)(i)(A), interior parking lot landscaping in the amount of 20 square feet per
parking stall is required for the 9 parking stalls (9 parking spaces x 20 square feet = 180 square feet). The
submitted landscape plan illustrates 300 square feet of interior parking lot landscaping provided. The
interior parking lot landscaping exceeds the minimum amount required.
Per FWRC 19.125.040(2) “All outside storage areas shall be fully screened by Type I landscaping a
minimum of five feet in width.” 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.” The site plan and landscaping plan demonstrate Type I landscaping
around the trash enclosure satisfying the requirements per FWRC 19.125.040.
9. Tree Density - Each development must maintain a minimum tree unit density composed of retained trees
and/or replacement plantings per FWRC 19.120.130. Per FWRC 19.120.130(2), the minimum tree density
in the BN zone is 20 tree units per acre. The subject property’s required density is 10 tree units (20 tree
units x .49 acres = 9.8 tree units). The site does not have any existing significant trees. The landscape plan
proposes 19.5 tree units to be planted. The proposed tree units exceed the minimum requirement of 10 tree
units.
10. Community Design Guidelines – The proposed fast food restaurant complies with the provisions of FWRC
Chapter 19.115, “Community Design Guidelines,” that are reasonably related and applicable to the area
of development as detailed below.
a. Crime Prevention Through Environmental Design (CPTED) – A completed CPTED checklist was
submitted and shared with the Federal Way Police Department on August 13, 2021. The Crime
Analyst & Prevention Specialist, Lindsey Sperry, had no concerns or comments on the proposal.
The proposal meets many of the CPTED guidelines, such as direct pathways and landscaping does
not obstruct natural surveillance. The parking area is in a visible location and there are no hidden
recesses. The proposal implements satisfies the CPTED principles per ?
b. Pedestrian Circulation – Pursuant to FWRC 19.115.050(4)(b) pedestrian pathways and pedestrian areas
should be delineated by separate paved routes using a variation in paved texture and color, and
protected from abutting vehicle circulation areas with landscaping. Approved methods of delineation
include: stone, brick or granite pavers; exposed aggregate; or stamped and colored concrete.
Pedestrian access from the right-of-way to the service window crosses the drive-through and is
delineated from the drive-through. Additionally, a pedestrian pathway is provided between the off-
site parking spaces. The site plan legend provides that the pedestrian paths will be concrete paving.
pathways and pedestrian areas are incorporated into the site design. The proposal complies with
FWRC 19.115.050(4)(b).
c. Building Design – The building façade visible from the right-of-way should incorporate methods of
articulation and accessory elements in the overall architectural design per FWRC 19.115.060(3).
The architectural plans demonstrate that the fast food restaurant walk-up service window is clearly
recognizable from the right-of-way with the articulated roof line and proposed signage. Methods of
articulation include emphasis of the ordering and service windows through the incorporation of
canopies and modulation in the roof line. The façade along the south property line facing the right-
of-way contains windows, awnings, and material variation. The architectural design of the proposal
meets the intent of FWRC 19.115.060(3).
d. Building and Pedestrian Orientation – Pursuant to FWRC 19.115.070 the building should be oriented to
the rights-of-way and provide visual access from the street. The site plan demonstrates the building is
oriented along SW 320th Street and the location of the service window is visible from the street. The
site design incorporated delineated pedestrian pathways connecting from the right-of-way to the
service window and connecting the covered outdoor eating area to off-site parking.
e. Drive-through – Per FWRC 19.115.050(7)(b) the drive through is located along the right-of-way of SW
320th Street and is visually screened from the street by a Type III landscaping. A condition of
approval shall state that drive-through speakers shall not be audible off-site.
f. BN District Guidelines –Pursuant to FWRC 19.115.090(1) surface parking should be located behind the
building, entrance facades shall be emphasized and incorporate window and methods of articulation.
The site plan is designed with surface parking located behind the building and off- site, the façade
and service window on the east side of the building is clearly recognizable from the right-of-way and
incorporates windows. The proposed signage, variation in roof line and awnings are appropriate
methods of articulation. The building design clearly meets the intent of the district guidelines.
11. Garbage & Recycling – The proposed solid waste receptacles meet the requirements per FWRC 19.125.150
Solid waste receptacles – Placement and screening provisions. The solid waste receptacles are located
outside of the required yard and do not interfere with the fast food use of the site. Landscape screening is
proposed around the solid waste receptacles see section 7 Landscaping. The proposed solid waste
receptacle is 114 square feet in size and exceed the requirements of 82 square feet per FWRC 19.125.150
Table A.
The solid waste storage area design shall be consistent with the architectural design of the primary
structure(s) on the site. A condition will require this to be addressed with the building permit submittal.
12. Rooftop Mechanical Equipment – Per FWRC 19.110.070, vents and similar appurtenances that extend above
the roofline must be surrounded by a solid sight-obscuring screen that is integrated into the architecture
of the building and obscures the view of the appurtenances from adjacent streets and properties.
According to the Architectural Plan Set, no rooftop mechanical equipment is proposed. Compliance with
FWRC 19.110.070 shall be a condition of approval.
13. Transportation Concurrency – As a component of the Use Process II application, projects undergo
transportation concurrency analysis according to the State’s Growth Management Act (GMA); goals and
policies of FWCP; and FWRC Chapter 19.90, “Transportation Concurrency Management.” The City’s
Traffic Division reviewed the concurrency application and determined that all intersections impacted by
one or more weekday evening peak hour trips will meet the city’s Level of Service standards with
programmed improvements. A Capacity Reserve Certificate was issued on February 4, 2021, for
development of 561 square feet of drive-through coffee shop. The number of new PM peak hour vehicle
trips generated by the project is 6.
14. Transportation Impact Fee – A transportation impact fee is required and will be calculated based on the fee
schedule in effect at the time of building permit application is filed and must be paid before permit
issuance, per FWRC 19.100.070.
15. Access – The applicant has provided vehicular/pedestrian access and circulation consistent with the goals
and policies for transportation, as outlines in Chapter 3 of the FWCP.
The subject property is served by two vehicle access points onto SW 320th Street. As a requirement of the
permit, the western most driveway will be updated to the current commercial driveway standard.
16. Street Improvements – The applicant/owner will be expected to construct street improvements consistent with
the planned roadway cross-section as shown in Map III-4 in Chapter III of the FWCP and Capital
Improvement Plan (CIP) as shown as Table III-10 (FWRC 19.135.040). The applicant is expected to
construct improvements along SW 320th Street which is classified as a Principal Arterial with a Street
Section Type “I”.
March 11, 2022, the City issued a Street Modification for this site. It required the property owner to
dedicate a 4-foot strip of land for additional right-of-way plus to sign and record a Local Improvement
District Waiver of Protest Covenant. The street modification shall be valid until March 11, 2023.
17. Stormwater – The applicant is required to mitigate the impacts of stormwater runoff caused by the
development improvements, per the 2021 King County Surface Water Design Manual (KCSWDM) and the City
of Federal Way Addendum. The proposed flow control facility must meet the requirements of the
Conservation Flow Control criteria, and the Water Quality facilities must meet the requirements of the
Enhanced Basic Water Quality menu. Improvement plans must be on NGVD 29 in accordance with
FWRC 18.05.060 and Development Standard Section 2.1.5.
18. Stormwater System Development Charge (SDC) – Stormwater System Development Charge (SDC) is based upon
the amount of new impervious surfaces added for this development. The SDC is expressed as an
Equivalent Service Unit (ESU) 1 ESU = 3,200 square feet of impervious surface added. The 2022 SDC is
$1,038.00 per ESU. A five percent administration fee will be added to the total SDC. All SDC fees are
payable prior to Certificate of Occupancy. The SDC fee is likely to increase on January 1, 2023, however,
the amount has not yet been determined.
19. Water/Sewer – Lakehaven Water & Sewer District is the water and sewer service provider. Lakehaven issued
water & sewer Certificates of Availability for this site/project on 10/30/20, and conditions/requirements
indicated on those Certificates are un-changed and still valid. Applicant will need to submit applications to
Lakehaven for the proposed water and/or sewer service connections.
20. South King Fire & Rescue – South King Fire & Rescue reviewed the proposal and has the following
comments, which are applicable at the time of building/occupancy: due to hydrant being located across a
main arterial, fire sprinklers are required. A separate permit is required for the installation of fire sprinklers.
Conclusions
The Directors Decision Criteria pursuant to FWRC 19.60.050(2)-(3) the Director of Community Development may
approve an application for site plan review and community design guideline review if it is consistent with the
following sets of decisional criteria:
I. FWRC 19.60.050(2) Site plan criteria.
a. It is consistent with the comprehensive plan;
i. The Federal Way Comprehensive Plan (FWCP) designation for the subject property
is Neighborhood Business. The FWCP contains the following goals and policies:
o LUG7 Provide neighborhood and community scale retail centers for the
City’s neighborhoods.
▪ The proposed fast food restaurant is small scale and provides
community amenities that will serve the nearby neighborhoods.
Jump Start Espresso will add to the mix of uses within the
Neighborhood Business node available to pedestrians, bicyclist,
and residents in the area.
o LU 41 Integrate retail developments into surrounding neighborhoods
through attention to quality design and function.
▪ The proposed fast food restaurant site layout and architectural
plans balance quality pedestrian-oriented design and auto oriented
efficiency. Pedestrian access from the right-of-way to the service
window is direct and delineated.
b. It is consistent with all applicable provisions of this title;
i. As conditioned, the proposal is consistent with the applicable zoning regulations as
detailed in this report.
c. It is consistent with the public health, safety, and welfare;
i. The Community Development, Police, and Public Works Departments, along with
Lakehaven Water & Sewer District and South King Fire & Rescue, have reviewed
the project for conformance with codes designed to protect the public health, safety,
and welfare. Additional details will be reviewed at the building/engineering permit
stage.
d. The streets and utilities in the area of the subject property are adequate to serve the
anticipated demand from the proposal;
i. See the Transportation, Water & Sewer, and Stormwater related sections of this
report.
e. The proposed access to the subject property is at the optimal location and
configuration for access; and
i. The subject property is served by two vehicle access points onto SW 320th Street.
Also, see the Transportation-related sections of this report.
f. Traffic safety impacts for all modes of transportation, both on and off site, are
adequately mitigated.
i. See the Transportation-related sections of this report.
II. FWRC19.60.050(3) Community design guideline decisional criteria.
a. It is consistent with site design standards set forth in FWRC 19.115.050 for all zoning
districts;
i. See the Community Design Guidelines section of this report.
b. It is consistent with applicable supplemental guidelines set forth in
FWRC 19.115.090; and
i. See the Community Design Guidelines section of this report.
c. For development applications for remodeling or expansion of an existing
development, it is consistent with those provisions of Chapter 19.115 FWRC,
Community Design Guidelines, identified by the director as being applicable.
i. See the Community Design Guidelines section of this report.
Conditions of Approval
The following conditions of approval are attached to the Process II decision:
1) Stormwater Detention and Treatment shall be designed in accordance with the latest adopted edition
of King County Surface Water Design Manual (KCSWDM).
2) Storm plans must utilize NGVD 29 datum.
3) 4-foot strip of land adjacent to SW 320th Street must be dedicated as additional right-of-way.
4) Owner must sign and record a Local Improvement District Waiver of Protest Covenant, provided by
the City.
5) The stand-alone commercial building’s drive-through speakers shall not be audible off-site.
6) Solid waste storage materials shall be architecturally compatibility with the primary structure and
demonstrate compliance with FWRC 19.125.150(6)(a).
7) The Declaration of Access and Parking Easements must be recorded prior to building permit
issuance.
8) Vents and similar appurtenances that extend above the roofline must be surrounded by a solid sight-
obscuring screen that is integrated into the architecture of the building and obscures the view of the
appurtenances from adjacent streets and properties in compliance with FWRC 19.110.070.
9) Due to the hydrant being located across main arterial (S 320th St), fire sprinklers are required. A
separate permit is required for the installation of fire sprinklers.
Final construction drawings will be reviewed for compliance with specific regulations, conditions of approval,
and other applicable city requirements. These findings shall not waive compliance with future City of Federal
Way codes, policies, and standards relating to this development.
Prepared by: Senior Planner, Chaney Skadsen Date: July 28, 2022