Fence Height Preap SummaryCOMMUNITY DEVELOPMENT DEPARTMENT 33325 8th Avenue South Federal Way, WA 98003-6325
253-835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
March 1, 2021
Mr. Michael Pate
AMAROK LLC
550 Assembly Street, 5th Floor
Columbia, SC 29201
dmclellan@amarok.com
Re: File #21-100237-00-PC, PREAPPLICATION CONFERENCE SUMMARY
Fence Height Variance – Potelco, 1910 South 344th Street, Federal Way, WA
King County Tax Parcels 212104-9044 & 212104-9007
Dear Mr. Pate:
Thank you for participating in the preapplication conference with the City of Federal Way’s Development
Review Committee (DRC) held February 18, 2021. 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 & Sewer District and South
King Fire & 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, Jim Harris, am the key contact for your project and may be contacted at 253-350-9283, or
jim.harris@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 me.
PROJECT DESCRIPTION
Preapplication conference for a proposal to request a height variance for a ten-foot tall fence, where a
maximum six-foot tall fence is allowed. The subject property is an existing contractor yard located at 1910
South 344th Street, King County tax parcels 212104-9044 and 212104-9007.
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.
Mr. Michael Pate
Page 2 of 6
March 1, 2021
21-100237-00-PC Doc ID: 81125
• Planning Division
Planning Division staff will recommend denial of the requested variance to the Hearing Examiner as the
proposal does not meet the variance criteria in FWRC 19.45.030.
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
Jim Harris, 253-350-9283, jim.harris@cityoffederalway.com
1. Zoning Designation and Use – The subject property is designated Commercial Enterprise (CE). The subject
property is developed with a contractor yard truck storage lot. The existing contractor yard use is
permitted in the CE zone under FWRC 19.240.020.
2. Proposal – The applicant is proposing to construct a ten-foot tall fence / structure, to be located within
approximately one-foot inside the side and rear property line of the subject property.
3. General Zoning Regulations – The use zone chart of FWRC 19.240.020 provides regulations for the existing
contractor yard use in the CE zone. The following is only a portion of the zoning regulations governing
the existing contractor yard use in the CE zone.
The property and use for a contractor yard require a 15-foot minimum side and rear yard setback per
FWRC 19.240.020. Therefore, all buildings and structures, except those improvements excepted in
FWRC 19.125.160, must meet the 15-foot minimum side and rear yard setback from the property line.
The ten-foot tall fence / structure is proposed within approximately one-foot of the side and rear
property line and does not meet the setback requirements of FWRC 19.240.020.
FWRC 19.125.160, “Structures and Improvements,” states in part:
“No improvement or structure may be in a required yard except as follows:
(5) Fences and railings not over six feet in height may be located in required yards
subject to the fence regulations contained within this chapter.”
The owner could construct a ten-foot tall non-electric fence, 15-feet inside the side and rear yard property
lines with approval of a building permit application.
4. Electrified Fence - Per FWRC 19.125.130, an electrified fence is not permitted.
5. Zoning Variance Application. – As part of the preapplication process, you inquired about a zoning variance
process. A proposal to construct a 10-foot tall fence / structure along or adjacent to the side and rear
property line will require a height variance approval by the Hearing Examiner via a quasi-judicial public
hearing process.
Mr. Michael Pate
Page 3 of 6
March 1, 2021
21-100237-00-PC Doc ID: 81125
A zoning variance request requires an application, preliminary plan, proposal, and written justification of
how the proposal meets the variance criteria in FWRC 19.45.030. Following application and public notice
(and other procedural requirements), city staff will make a written recommendation on the requested
variance application to the Hearing Examiner. The Hearing Examiner will hold a public hearing on the
variance application. A final written decision on the variance application will be issued by the Hearing
Examiner approximately two weeks after the close of the public hearing.
In order to approve a zoning variance, the Hearing Examiner must find that all of the variance criteria are
met. FWRC 19.45.030 contains the review criteria for a zoning variance.
19.45.030 FWRC, “Criteria for Grant”:
“The city may grant the variance only if it finds all of the following:
(1) That the variance will not constitute a grant of special privilege inconsistent with the
limitations upon uses of other properties in the vicinity and zone in which the subject
property is located.
(2) That the variance is necessary because of special circumstances relating to the size, shape,
topography, location or surroundings of the subject property to provide it with use rights
and privileges permitted to other properties in the vicinity and zone in which the subject
property is located.
(3) That the granting of the variance will not be materially detrimental to the public welfare
or injurious to the property or improvements in the vicinity and zone in which the subject
property is located.
(4) That the special circumstances of the subject property are not the result of the actions of
the owner of the subject property.”
The burden of convincing the Hearing Examiner that the decision criteria is met is on the applicant.
City staff will make a written analysis and staff recommendation to the Hearing Examiner based on the
FWRC criteria above. City staff will not recommend approval of the variance to exceed a six-foot tall
fence in the location as proposed within the 15-foot side and rear yard building setback, as the criteria for
variance approval in FWRC 19.45.030 is not met.
6. State Environmental Policy Act (SEPA) – The proposal and a variance application are SEPA exempt per
WAC 197-11-800(6).
7. 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.
Mr. Michael Pate
Page 4 of 6
March 1, 2021
21-100237-00-PC Doc ID: 81125
8. Public Notification – A Process IV application has a 15-day comment period. Within 14 days of issuing the
Letter of Complete Application, a Notice of Application will be published in the Federal Way Mirror,
mailed to persons within 300 feet of the subject property, posted on the subject property, and distributed
as required by the FWRC. The applicant will be required to install city supplied notice boards at the site.
9. Application Fees & Submittal – Please contact the Permit Center at permitcenter@cityoffederalway.com, or
253-835-2607, for updated fee schedules for applications and permits. The fee for the variance application
is approximately $4,900.00. Contact the Permit Center for the precise application fee.
10. Term of Approval – FWRC 19.15.100(2) states that development activity (variance) approved through Use
Process IV must be substantially completed within five years of approval.
PUBLIC WORKS – DEVELOPMENT SERVICES DIVISION
Cole Elliott, cole.elliott@cityoffederalway.com
No comments provided.
PUBLIC WORKS TRAFFIC DIVISION
Jason Kennedy, jason.kennedy@cityoffederalway.com
No comments provided.
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:
• 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
• National Electric Code (NEC), 2017
• Accessibility Code (ICC/ANSI A117.1), 2009
• International Fire Code (IFC), 2018
Washington State Amendments WAC 51 -54
• International Residential Code, 2018
Washington State Amendments WAC 51-51
• Washington State Energy Code, 2018 WAC 51-11
2. Building Criteria. The following applies to the proposed structure:
• Occupancy Classification: N/A ● Type of Construction: N/A
• Floor Area: N/A ● Number of Stories: N/A
• Fire Protection: N/A ● Wind/Seismic: Basic wind speed 85 Mph, Exposure,
25# Snow load, Seismic Zone D-1
Mr. Michael Pate
Page 5 of 6
March 1, 2021
21-100237-00-PC Doc ID: 81125
3. Building Permit Application Process. A completed building permit application and commercial checklist are
required. The commercial checklist will be filled out by staff and provided at the time of the land use
approval. Copies of application and checklist may be obtained at www.cityoffederalway.com.
Appointments are required for intake of new commercial building permits. Please contact Permit Center
staff to schedule an intake appointment at permitcenter@cityoffederalway.com, or 253-835-2607.
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.
4. 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 five to seven 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. You or your representatives will be required to
affix the city’s date stamp on each page of resubmitted plans and to collate loose plans into existing plan
sets. Plans for all involved departments will be forwarded from the Community Development Department.
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
Division can final the structure for occupancy. Building final 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-con 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 Division and will be scheduled by the inspector of record for the project.
6. Site-Specific Requirements.
a. After speaking to the Building Official, it is the city’s determination that this project will be
considered an electric fence since it does have current supplied to it; although low voltage, it is still
provided with a power source and it will be constructed just like a fence.
Mr. Michael Pate
Page 6 of 6
March 1, 2021
21-100237-00-PC Doc ID: 81125
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
The subject project will need to avoid encroachment with existing Lakehaven water system facilities and easements
on the site (including any setbacks necessary for building/structure foundation load zones). Additionally, because
of the onsite Lakehaven water system facilities, Lakehaven requires 24/7/365 access to the site; coordinate site
access with Lakehaven’s FieldOps-Water staff.
SOUTH KING FIRE AND RESCUE
Sean Nichols, 253-946-7242, sean.nichols@southkingfire.org
No comments provided.
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).
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 department representative noted above.
Any general questions can be directed towards me at jim.harris@cityoffederalway.com, or 253-350-9283.
Sincerely,
Jim Harris
Senior Planner
c: Greg Kirk, Building Plans Examiner
Brian Asbury, Lakehaven Water & Sewer District