Approval LetterCOMMUNITY DEVELOPMENT DEPARTMENT
33325 8th Avenue South
Federal Way, WA 98003-6325
253-835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
Mr. Ben Childs November 22, 2021
Graves & Associates
3110 Ruston Way, Suite E
Tacoma, WA 98402
bchilds@gravesassoc.com
Re: File #21-101125-UP; PROCESS III “PROJECT APPROVAL”
Federal Way Mixed Use, Parcels 912940-0010, -0020, -0030, -0040, & -TR-A, Federal Way
Dear Mr. Childs:
The City of Federal Way has completed the administrative land use review of the proposed Federal Way
Mixed Use project, which includes the construction of a 10-building mixed-use development consisting of
233 residential units, commercial retail space, 450 parking spaces, and associated site improvements on an
8.33-acre site.
The Process III Master Land Use application received March 31, 2021, with subsequent resubmittals received
on April 27, 2021, May 6, 2021, July 28, 2021, August 12, 2021, and September 14, 2021, is hereby approved
with conditions, based on the enclosed Exhibit A, Findings for Project Approval, incorporated into this decision
in full, and the following conclusions based on those facts:
1. The proposal is consistent with the comprehensive plan;
2. As conditioned, the proposal is consistent with all applicable provisions of the Federal Way Revised Code
(FWRC);
3. As conditioned, the proposal is consistent with the public health, safety, and welfare;
4. The streets and utilities in the area of the subject property are adequate to serve the anticipated
demand from the proposal;
5. The proposed access to the subject property is at the optimal location and configuration;
6. Traffic safety impacts for all modes of transportation, both on and off-site, are adequately mitigated.
7. As conditioned, the application is consistent with the site design standards set forth for all zoning
districts in FWRC 19.115.050; and
8. As conditioned, the application is consistent with applicable supplemental guidelines set forth in
FWRC 19.115.090.
The Director also approves a retaining wall modification according to FWRC 19.120.050(1)(a) and several
Community Design Guideline departures according to FWRC 19.115.020, as detailed in Exhibit A.
Mr. Ben Childs
Page 2 of 3
November 22, 2021
21-101125-UP Doc. I.D. 81814
The remainder of this letter outlines the land use review process required for this particular site improvement;
summarizes the State Environmental Policy Act (SEPA) process; lists conditions of the land use decision; and provides
other procedural information. This land use decision does not authorize the initiation of construction activities.
REVIEW PROCESS
The site is within the Community Business (BC) zoning district. Multifamily housing and retail are permitted uses
in this zone subject to the provisions of FWRC 19.220.050, “Multifamily dwelling units,” and FWRC 19.220.010,
“Office/retail – Manufacturing and production, limited.” The proposed project is reviewed through Process III,
Project Approval, in conjunction with environmental review under the State Environmental Policy Act (SEPA). The
Director of Community Development makes a written decision on the application based on the criteria listed
under FWRC 19.65.100.
SEPA PROCESS
The city issued a Determination of Nonsignificance (DNS) on September 24, 2021. The appeal period ended
October 29, 2021, with no appeals submitted; therefore, the determination has become final.
CONDITIONS OF APPROVAL
Conditions of approval, which are listed in Finding of Fact #38 in Exhibit “A,” are reasonably necessary to
eliminate or minimize any undesirable effects of granting the application.
BUILDING PERMIT REQUIREMENTS
This Process III land use decision does not constitute a building permit or authorize clearing/grading
activities. See the enclosed Commercial Building Permit Checklist. If you have any questions regarding
building permit submittal, please contact the Permit Center at 253-835-2607 or
permitcenter@cityoffederalway.com.
REQUEST FOR CHANGE OF VALUATION
Per FWRC 19.65.100(4)(i), affected property owners may request a change in valuation for property tax
purposes, notwithstanding any program of revaluation.
APPROVAL DURATION
Per FWRC 19.15.100(2), “. . .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 III decision within five years after the final decision of the city on the matter, or the decision
becomes void. If a land use petition is filed under Chapter 36.70C RCW in King County superior court, the
time limits of this section are automatically extended by the length of time between the commencement and
final termination of that litigation. If the development activity, use of land, or other action approved under
this chapter includes phased construction, the time limits of this section may be extended in the decision on
the application, to allow for completion of subsequent phases.” Time extensions to the decision may be
requested before the lapse of approval following the provisions listed in FWRC 19.15.110.
APPEALS
Per FWRC 19.05.360, the effective date of issuance is three calendar days following the date of this letter, or
November 25, 2021. According to FWRC 19.65.120(1), this land-use decision may be appealed by the
applicant; any person who submitted written comments or information; any person who has specifically
requested a copy of the decision; or the city. In compliance with FWRC 19.65.120(2), a written notice of
appeal must be delivered to the Community Development Department within 14 calendar days after issuance
Mr. Ben Childs
Page 3 of 3
November 22, 2021
21-101125-UP Doc. I.D. 81814
of the decision of the director, or December 9, 2021. The appeal must be accompanied by cash or a check,
payable to the City of Federal Way, in the amount of the fee as established by the city. The notice of appeal
must contain a statement identifying the decision being appealed, along with a copy of the decision; a
statement of the alleged errors in the director’s decision, including identification of specific factual findings and
conclusions of the director disputed by the person filing the appeal; and the appellant’s name, address,
telephone number, fax number, and any other information to facilitate communications with the appellant.
Appeals are governed by Process IV (Federal Way Hearing Examiner).
CLOSING
This land-use decision does not waive compliance with future City of Federal Way codes, policies, and standards
relating to this development. If you have any questions regarding this decision, please contact Principal Planner
Stacey Welsh at 253-835-2634 or stacey.welsh@cityoffederalway.com.
Sincerely,
Brian Davis
Community Development Director
enc: Exhibit A, Findings for Project Approval
Approved Site Plan/Elevations/Landscape Plan
Commercial Building Permit Checklist
c: Stacey Welsh, Principal Planner
Kevin Peterson, Senior Engineering Plans Reviewer
Soma Chattopadhyay, Traffic Operations Engineer
Brian Asbury, Lakehaven Water & Sewer District
Sean Nichols, South King Fire & Rescue
Brett Jacobsen, X Marks the Spot LLC, bjacobsen@fnw-inc.com
King County Assessor’s Office, assessor.info@kingcounty.gov