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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