Exhibit AFederal Way Mixed Use 21-101125-UP / Doc. I.D. 81813
Findings for Project Approval Page 1 of 16
Exhibit A
FINDINGS FOR PROJECT APPROVAL
Federal Way Revised Code (FWRC) Chapter 19.65, “Process III Project Approval”
FEDERAL WAY MIXED USE
File #21-101125-UP
The Director of Community Development hereby makes the following findings according to content
requirements of the Process III written decision as outlined in Federal Way Revised Code (FWRC) 19.65.100(4).
These findings are based on the review of city documents and items submitted by the applicant received
March 21, 2021, and resubmittals received on April 27, 2021, May 6, 2021, July 28, 2021, August 12, 2021,
and September 14, 2021.
1. Proposal – The applicant proposes 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.
2. Site Conditions – The vacant site is approximately 8.33 acres and comprised of parcels 912940-0010, -
0020, -0030, -0040, & TR-A. The site is located at the southeast intersection of 1st Avenue South and
South 348th Street. Portions of the site are vegetated and in the southeast portion there is a stormwater
pond and wetland with a 100-foot buffer. The subject site includes over 45 feet of elevation change from
the high point near the NW corner along South 348th Street to the SW corner along 1st Avenue South.
South 348th Street borders the site to the north with a medical office and condominiums beyond; property
to the south is vacant; city owned parks property is to the east; and 1st Avenue South is located to the west
with apartments beyond.
3. Boundary Line Adjustment – The subject property consists of four parcels and a tract, the entirety of the
Waller Road IV Associates Binding Site Plan (Recording #20100414000337). Buildings are proposed to be
constructed over property lines. Many zoning and building code requirements are associated with the
location of property lines. A Boundary Line Adjustment (BLA) application was submitted on November 1,
2021. The application proposes revisions resulting in two parcels and a tract. A condition of approval will
require the BLA to be recorded before the issuance of any building permit. In addition a condition will
require that site, civil, and landscape drawings submitted with the building permit show the revised lot
layout in accordance with the recorded BLA.
4. Zoning and Comprehensive Plan – Zoning for the subject site is Community Business (BC).
Multifamily housing and retail are permitted uses in the BC 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 Federal Way Comprehensive Plan designation for the subject site is
Community Business.
5. Review Process – The project requires review under Process III, Project Approval. The Community
Development Director makes a written decision on the application based on criteria listed under FWRC
19.65.100. Appeals of the Director’s decision are conducted by the city’s Hearing Examiner.
Federal Way Mixed Use 21-101125-UP / Doc. I.D. 81813
Findings for Project Approval Page 2 of 16
6. State Environmental Policy Act (SEPA) – The proposed improvements exceed categorical exemption
levels according to Washington Administrative Code (WAC) 197-11-800. The city issued a Determination of
Nonsignificance (DNS) on September 24, 2021 (city file #21-101126-SE). The threshold determination
comment period ended October 8, 2021, and the appeal period ended October 29, 2021. No appeal was
filed.
7. Public Notice – According to Process III regulations, a Notice of Application (NOA) was published in
the Federal Way Mirror, posted on the subject property, posted on the city website, and mailed to the
persons receiving the property tax statements for all property within 300 feet of each boundary of the
subject property on May 7, 2021. According to SEPA regulations, a notice of the DNS was published in
the Federal Way Mirror, posted on the subject property, posted on the city website, mailed to all owners of
real property as shown in the records of the county assessor located within 300 feet of the site, and
emailed to agencies on or before September 24, 2021.
8. Public Comments – No comment letters were received on the application or the DNS.
9. Bulk & Dimensional Requirements – The majority of the proposed buildings are subject to the
following required yards, lot coverage, height, and parking standards outlined in FWRC Use Zone Chart
19.220.050. The stand-alone retail building is subject to the standards outlined in FWRC 19.220.010.
Required Yards – The required minimum yard setbacks are the same as the regulations for the ground floor
use, except 20 feet is required abutting single-family residential zones (applies to the Suburban Estate
[SE] zoned land east of the site). The ground floor use of the podium building includes the lobby, leasing
office, manager’s office, mailroom, retail space, fitness center, restroom facilities, bicycle storage, and the
parking garage. The other eight residential buildings have residential units on the ground floor. Of the
ground floor uses listed here, retail is the only one with an accompanying use zone chart and setbacks for
that use are 0 feet, except 20 feet along residential zones (applies to the SE zoned land east of the site).
Similarly, for the stand-alone retail building required yards are 0 feet on all sides, except 20 feet is
required abutting residential zones (applies to the SE zoned land east of the site). As shown on the site
plan all structures are setback more than 20 feet from SE zoned land.
Lot Coverage – None required for multi-family and retail uses; buildable area is determined by other site
development requirements.
Height –The height permitted is a maximum of 65 feet above average building elevation (AABE), except
building height may not exceed 30 feet AABE for the portion of the building located within 100 feet from
a single-family residential zone (applies to the SE zoned land to the east of the site). For the stand-alone
retail building the height permitted is a maximum of 35 AABE, except building height may not exceed 30
ft. AABE when located within 100 ft. of a residential zone. Given the locations of the buildings on site
and their distance from the SE zone land as well as details shown on the elevation drawings, the height
requirements are satisfied.
Parking – Parking requirements for multi-family development in the BC zone varies by the unit type and is
identified in the multi-family use zone chart Note 6. Parking spaces shall be provided as follows: studio
dwelling units – 1.25 per unit; one-bedroom dwelling units – 1.5 per unit; and dwelling units with two
bedrooms or more – 2.0 per unit. Per FWRC 19.130.040 if the formula for determining the number of
parking spaces results in a fraction, that fraction will be rounded up to the next higher whole number.
The proposal includes 18 studio units (18 x 1.25=22.5); 150 one-bedroom units (150 x 1.5=225); and 65
two-bedroom units (65 x 2=130), for a total of 378 required parking spaces (22.5+225+130=377.5).
Federal Way Mixed Use 21-101125-UP / Doc. I.D. 81813
Findings for Project Approval Page 3 of 16
Per Note 7, dwelling unit parking stalls are in addition to required parking for all non-residential ground
floor uses. Ground floor uses in the residential buildings are noted above. The proposed retail space on
the ground floor level of the podium building is approximately 1,400 square feet. The use zone chart for
retail requires 1 space for each 300 sq. ft. of gross floor area totaling 5 required parking spaces
(1,400/300=4.6). Similarly, for the stand-alone retail building the use zone chart for retail requires 1 space
for each 300 sq. ft. of gross floor area totaling 26 required parking spaces (7,523/300=25.07).
The total required parking is 409 spaces (378+5+26=409). The submittal provides 253 surface stalls and
178 stalls within the parking garage in the podium building for a total of 431 spaces (253+178=431). Per
FWRC 19.130.020(2), guest parking for residential uses may be required in excess of the required
minimum parking spaces. The site is providing more spaces than what is required by code, leaving 22
spaces available for guest parking (431-409=22).
The applicant should note that there is a different parking standard for fast food restaurant use, which
applies to a coffee shop. Per FWRC 19.220.020, 1 space for each 80 sq. ft. of gross floor area is required.
If tenant spaces are used for anything other than retail, surplus stalls on site may not be adequate to cover
required parking.
10. Additional Requirements – FWRC use zone charts 19.220.010 and 19.220.050 contain additional
requirements as detailed below.
FWRC 19.220.010 (Retail)
Use zone chart Note 4 states: “Access to and from drive-through facilities must be approved by the
public works department. Drive-through facilities must be designed so that vehicles will not block traffic
in the street while waiting in line and will not unreasonably interfere with on-site traffic flow.” The stand-
alone retail building contains a drive-through. The proposal was reviewed by the Public Works Traffic
Division.
FWRC 19.220.050 (Multifamily)
Use zone chart Note 1 states: “All nonresidential ground floor spaces must have a minimum floor-to-
ceiling height of 13 ft. and a minimum depth of 15 ft.” For the podium building the submittal shows a
floor-to-ceiling height of 13 feet and a depth exceeding 15 feet.
Use zone chart Note 3 states: “All buildings, except for related parking structures up to 65 feet in height
(six stories), must be gabled with pitched roofs, unless the building is taller than 35 feet (three stories) with
a rooftop that contributes to the multifamily open space requirements.” The podium building and eight
other residential buildings use a variation of a pitched roof to meet this requirement.
Use zone chart Note 4 states: “Multi-unit housing and accessory living facilities may be located on the
ground floor of a structure only as follows: (a) ground level space that spans at least 60 percent of the
total length of the principal commercial facade of all buildings, as determined by the director, is occupied
with one or more other use(s) allowed in this zone; and (b) ground level space that spans at least 40
percent of the total length of all other street-facing facades of all buildings is occupied with one or more
other use(s) allowed in this zone. Parking in conjunction with other uses allowed in this zone may also be
located on the ground floor of the structure if non-visible from the right-of-way or public areas.”
The podium building does not have multi-unit housing or accessory living facilities on the ground floor.
The other eight residential buildings have residential units on the ground floor, however only one of
those eight buildings is located along a street frontage, 1st Avenue South. For this project South 348th
Street is considered the principal commercial façade. Ground level space that spans at least 40 percent of
Federal Way Mixed Use 21-101125-UP / Doc. I.D. 81813
Findings for Project Approval Page 4 of 16
the total length of 1st Avenue South facing facades of all buildings is occupied with one or more other
use(s) allowed in this zone, which include a portion of the ground floor use of the podium building: the
lobby, leasing office, manager’s office, mailroom, retail space, fitness center, restroom facilities, and
bicycle storage.
Parking in conjunction with other uses allowed in this zone may also be located on the ground floor of the
structure if non-visible from the right-of-way or public areas. Enclosed structured parking is proposed for
a portion of the ground floor of the podium building.
Use zone chart Note 5 states: “For 100 dwelling units or more on a subject property, 25 percent of
parking shall be underground, or on the first floor within the building footprint, except for visitor parking,
which can be surface parking.” For the proposed 233 units, the submittal provides 253 surface stalls and
178 stalls within the parking garage associated with the podium building for a total of 431 spaces. The 178
stalls within the parking garage, which is a combination of underground and on first floor within the
building footprint, is 41% of the parking (178/431=.41).
Use zone chart Note 11 states: “The subject property must provide usable open space in a total amount
equal to at least 150 sq. ft. per dwelling unit, and may include private spaces such as yards, patios, and
balconies, as well as common areas such as playgrounds, recreation rooms, plazas, rooftop terraces,
pools, active lobbies, atriums, or other areas the director deems appropriate. A minimum of 25 percent of
the usable open space provided must be common open space. Private open space such as a patio, porch,
balcony, or yard may be credited toward total residential usable open space, if such private open space is
a minimum of 48 square feet and has a minimum dimension of six feet.”
The proposal includes 233 units which requires 34,950 sq. ft. of open space, 8,738 sq. ft. of which must
be common open space (233 x 150=34,950 & 0.25 x 34,950=8,737.5). The proposal provides three
private amenity areas in the podium building totaling 9,614 sq. ft., the private decks on the eight smaller
residential buildings total 6,000 sq. ft., for a total of 15,614 sq. ft. of private open space
(9,614=6,000=15,614). Public open space incudes the playground/BBQ area, pedestrian plazas, and a
path and overlook area, totaling 19,464 sq. ft. of common open space, exceeding the required amount of
8,738 sq. ft. The total amount of open space provided is 35,078 sq. ft. (15,614+19,464=35,078), which
exceeds the required amount of 34,950 sq. ft.
11. Landscaping – Per FWRC 19.125.060(6), Type I landscaping 15 feet in width shall be provided along
the perimeter of the property abutting a residential zoning district. This applies to the portion of the
eastern property line adjacent to property zoned SE. Type III landscaping five feet in width is required
along all other property lines. Additionally, per FWRC 19.125.040(27) landscaping is not required along
interior lot lines within a development where parking is being shared; as a result, cross-parcel parking and
access easements will be necessary for the project as part of their Boundary Line Adjustment. A
condition will require that on the landscape plan submitted with the building permit, the area of Type I
landscaping along the eastern portion of the property shall be revised to meet the Type I standard and
select appropriate vegetation given proximity to the wetland and buffer. With the noted condition, the
submitted landscaping plan demonstrates compliance with these requirements.
Per FWRC 19.125.070, Type IV landscaping shall be provided within surface parking areas at the
following rate: for commercial developments, 22 sq. ft. per parking stall when 50 or more parking stalls
are being provided. Residential developments with common parking areas, including multifamily, shall
provide landscape areas at a rate of 15 sq. ft. per parking stall.
The submitted landscape plan contains a “parking lot island landscape planting” section that states for 244
stalls 3,660 sq. ft. of parking lot landscaping is required and 10,102 sq. ft. is provided (244 x 15=3,660).
Federal Way Mixed Use 21-101125-UP / Doc. I.D. 81813
Findings for Project Approval Page 5 of 16
Parking lot landscaping has not been calculated correctly. The submittal contains 253 surface parking
spaces, commercial and multifamily parking lot landscaping requirements differ, and per FWRC
19.125.070(3) the maximum size is 305 sq. ft. If islands are larger, any square footage over 305 cannot be
factored into the calculation.
Of the 253 surface parking spaces 31 commercial spaces are required (26+5=31) leaving 222 residential
spaces. For the 253 parking stalls provided, 4,012 square feet of interior parking lot landscaping is required
[(31 x 22=682) + (222 x 15=3,330)=4,012]. The applicant proposes approximately 9,586 square feet of
interior parking lot landscaping, exceeding the minimum requirement as detailed on the landscape plan.
Per FWRC 19.125.070(3)(a) landscape islands shall be provided at the end of all rows of parking. There are
several locations at the end of rows of parking where landscape islands are not provided. A condition of
approval will require these to be added to the plan submitted with the building permit. The irrigation sheet
appears to show installation of equipment within the wetland buffer, which is not permitted. A condition
of approval shall state that no irrigation installation is permitted in the wetland buffer.
12. Tree Retention/Replacement – According to FWRC 19.120.130, compliance with the city’s tree
density requirements in the BC zone (20 tree units per acre) requires 167 tree units on the subject
property’s 8.33 acres. The project will be permitted to deduct acreage for the wetland and right-of-way
dedication, which will require less than 167 tree units for the property. The applicant submitted the
required tree retention plan and proposes to remove trees in conjunction with the site development while
retaining 52 tree units within the wetland buffer. Additionally, replacement plantings of over 400 trees
will be installed in conjunction with the required landscaping exceeding the minimum required tree units.
13. Forest Practices – A Forest Practices Class IV-General Application is not required, as more than 5,000
board feet of merchantable timber will not be harvested from the property in conjunction with the
development activity.
14. 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 2021, the subject property is
located in the Tacoma Smelter Plume detect area containing under 20 ppm predicted arsenic
concentration; therefore, testing of site soils is not required.
15. Wetland – The southeast portion of the site contains a wetland with a 100-foot buffer per the recorded
Binding Site Plan. In addition, a five-foot building setback is required from the edge of the buffer per
FWRC 19.145.160. Per FWRC 19.145.420(6) all lots approved in a recorded binding site plan that contain
wetlands and their associated buffer in a tract may be improved pursuant to tract boundaries established
in the plat regardless of subsequent regulatory buffer increases or natural migration. Per FWRC
19.145.180(2) and (3)(a)(iv) critical area fencing, and signage are required. These items shall be made
conditions of approval.
16. Critical Aquifer Recharge Area –The subject property is located within a ten-year capture zone as
designated by the Lakehaven Water & Sewer District. Capture zones are designated as critical aquifer
recharge areas in the City of Federal Way. A Hazardous Materials Inventory Statement was submitted
with the application. The city has reviewed the submitted Statement and, based on the submitted
information, determined that no hazardous materials are involved.
17. Geologically Hazardous Areas –The applicant submitted a geotechnical report prepared by
ZipperGeo, dated July 22, 2021. They reviewed the site and found no presence of erosion, landslide, or
seismic hazard areas.
Federal Way Mixed Use 21-101125-UP / Doc. I.D. 81813
Findings for Project Approval Page 6 of 16
18. Clearing & Grading – Grading of the site includes 68,830 cubic yards of cut and 9,130 cubic yards of
fill. Clearing/grading activities will also be reviewed for consistency with applicable standards outlined in
FWRC Chapter 19.120 as part of construction permitting.
19. Retaining Walls & Fencing – The preliminary civil plan set and geotechnical report include details of
retaining walls, which are subject to FWRC 19.120.120. Retaining walls are proposed to accommodate
the site development and the grade change across the site.
The applicant submitted a request for modification in accordance with FWRC Chapter 19.120.050. The
modification request notes that constraints limit the ability to meet the requirement to provide three feet
of landscaping at the base of the retaining walls. Constraints include code required 6’ maximum wall
height, the 5’ spacing between walls, perimeter site landscaping buffers, and emergency vehicle access.
The request proposes to eliminate the landscaping at the base of the wall in two locations near the
southern access drive aisle off of 1st Avenue South. Due to site design constraints and the need to
accommodate multiple code requirements, there is no feasible and reasonable alternative to eliminating
the landscaping in those two locations per FWRC 19.120.050(1)(a). According to FWRC 19.120.050,
“Modifications,” the director has determined the proposed modification request meets the criteria
contained in FWRC 19.120.050(1)(a) and is approved.
For site fencing, a series of 6’ chain link fences and gates will be used to restrict access to the residential
and stormwater facility components of the project following FWRC 19.125.160(5).
20. Community Design Guidelines – As detailed below, the project incorporates site and building design
principles consistent with the requirements of the Community Design Guidelines (FWRC Chapter
19.115).
a. Crime Prevention Through Environmental Design (CPTED) – FWRC 19.115.010(2)
i. A completed CPTED checklist was submitted and reviewed by the Federal Way
Police Department. There were no concerns or comments on the proposal.
ii. The proposal meets many of the CPTED guidelines, such as having direct pathways,
the podium building entrance is visible from the street, entrances are identified, the number of
entry points is minimized, exterior parking areas can be observed by adjoining uses, use of
security hardware, open spaces are clearly designated and situated for visibility, and incorporation
of lighting throughout the site.
b. Security Program – FWRC 19.115.040
i. The submittal provides a narrative that addresses the 16 strategies that are
encouraged to be addressed in a security program for new stacked multifamily dwelling units.
c. Site Design – FWRC 19.115.050
i. Pedestrian areas and amenities are incorporated in the overall site design and are easily seen,
accessible, and located to take advantage of surrounding features such as building entrances and
open spaces. The site is designed so that physical features, activities, and people will be in visible
locations to maximize their ability to be seen to aid in deterring crime.
ii. Access control is provided via use of physical barriers including fences, doorways, and security
hardware. Building and site design will reflect ownership through the use of fences, paving, signs,
and landscaping.
iii. Required landscaping is provided, the parking aisles have loop access, and driveways are visible
from the right-of-way.
Federal Way Mixed Use 21-101125-UP / Doc. I.D. 81813
Findings for Project Approval Page 7 of 16
iv. The podium building’s parking structure includes active uses in a portion of the ground level of
the building near the street frontage. Parking at grade under a building is completely enclosed
within the building. Vehicle entrances are designed to minimize views into the garage interior
from surrounding streets. Security grilles are architecturally consistent with the overall design.
Chain-link fencing is not proposed for garage security fencing.
v. The podium building’s parking structure is not consistent with FWRC 19.115.050(3)(b)-(d). A
condition of approval will require compliance with these provisions with the building permit
submittal.
a. Parking structures shall be architecturally consistent with exterior architectural elements
of the primary structure, including facade design and finish materials. The parking levels
need to be architecturally consistent with the main structure; in the areas of the parking
structure the brick pillars do not achieve this.
b. Parking structures should incorporate methods of articulation and accessory elements,
pursuant to FWRC 19.115.060(3)(b), on facades located above ground level.
c. Buildings built over parking should not appear to “float” over the parking area, but
should be linked with ground level uses or screening. Noncompliance is present on all
sides of the building but most notably on the south elevation, see Sheet A1.03.
vi. One of the primary entrances to the podium building is visible from the right-of-way. The other
residential buildings are exempt from FWRC 19.115.050(4)(a) since they are essentially oriented
around an internal courtyard. The stand-alone commercial building will utilize wayfinding signage
to direct customers from the right-of-way to the primary entrance in accordance with FWRC
19.115.020. A condition of approval shall require site wayfinding signage to be installed prior to
final inspection of the first building permit.
vii. Pedestrian pathways from rights-of-way to primary entrances, from parking lots to primary
entrances, and pedestrian areas, are accessible and delineated by separate paved routes using a
variation in paved texture and color and protected from abutting vehicle circulation areas with
landscaping. Methods of delineation include variations of paved material and color. Paint striping
on asphalt as a method of delineation is not proposed.
viii. Pedestrian connections are provided across the site uses establishing pedestrian links to adjacent
buildings, parking, pedestrian areas and public rights-of-way.
ix. Outdoor furniture, seating, trash receptacles, and lighting will be located at the building entry
plaza areas of the podium and commercial buildings. Bike racks will be provided at the stand-
alone commercial building.
x. All outdoor trash enclosure areas will be accessible and with conditions noted below will be
screened appropriately. See Finding #22, below, regarding garbage/recycling.
xi. See Findings #21 and 23, below, regarding mechanical equipment and lighting.
xii. The commercial building includes a drive-through. The proposed window and stacking lane are
along the building façade facing South 348th Street and proposed to be screened by Type III
landscaping. The stacking lane is physically separated from the parking lot, sidewalk, and
pedestrian areas by Type III landscaping. A condition of approval shall state that drive-through
speakers shall not be audible off-site.
d. Building Design – FWRC 19.115.060
i. The subject site includes over 45 feet of elevation change from the high point near the NW
corner along South 348th Street to the SW corner along 1st Ave South. The western and
northwestern portions of the site slope down to 1st Avenue South and South 348th Street with
cut slopes graded as part of their construction. The development is not required to “step down”
Federal Way Mixed Use 21-101125-UP / Doc. I.D. 81813
Findings for Project Approval Page 8 of 16
buildings to accommodate the significant changes in elevation that were artificially created with
the road construction.
ii. There are no public viewpoints designated by the Comprehensive Plan or other adopted plans or
policies that require preservation as part of site development.
iii. Fences and walls are required to meet code standards.
iv. There are facades that are both longer than 60 feet and visible from a right-of-way or residential
use and/or zone. Therefore, the project must incorporate a minimum of two out of four design
options including façade modulation, landscape screening, canopy/arcade, and pedestrian plaza.
a. The podium building uses a combination of façade modulation, landscape screening,
and pedestrian plaza. A condition will require that on the landscape plan submitted
with the building permit the Type II landscaping being used to meet this standard
on the podium shall be a minimum of 8' in width per code, be clearly labelled and
use vegetation meeting the Type II standard. The pedestrian plazas adjacent to two
interior facing facades of the podium building are not clearly visible and accessible
from the adjacent right-of-way in accordance with FWRC 19.115.060(2)(d). Site
wayfinding signage related to building entrances can be used to achieve compliance
with this guideline. The southernmost façade of the podium building uses façade
modulation and for the second design option the applicant requests a design
guideline departure due to the presence of the parking garage entrance and site
grades at the location. As it is possible to include a canopy on this façade, the
requested departure is denied. A condition of approval will require the addition of a
canopy on the southernmost façade of the podium building that complies with
FWRC 19.115.060(2)(c).
b. Due to their length, only the northern and southern facades of the stand-alone
commercial building need to comply with this guideline. The north façade uses
façade modulation and proposes to use landscape buffer. The foundation
landscaping is not 8' of Type II and landscaping used to screen the driveway is
located away from the building which does not meet the guideline. A condition of
approval shall require a second method meeting the requirements in FWRC
19.115.060(2) be applied to the northern façade of the stand-alone commercial
building and included with the building permit submittal. The south facade uses
façade modulation and pedestrian plaza.
c. The eight residential buildings (quads) use façade modulation. The two halves of a
quad building qualify as one structure per FWRC 19.110.040, and due to their
façade length, these buildings are not exempt from compliance with FWRC
19.115.060(2). A second method is necessary for the quad buildings. Given their
location internal to the site away from right-of-way, use of canopy and pedestrian
plaza are not code compliant options. That leaves landscape screening as the only
other option. The applicant has cited safety concerns with providing eight-foot-wide
Type II landscaping along the base of the façades. As a result a departure is
approved for the quads to not provide a second method meeting this guideline.
v. Buildings facades visible from the right-of-way include architectural features, material variations,
and landscaped plazas.
vi. A method used to reduce building massing is breaking up the project into 10 buildings of varying
sizes, rather than one or two large buildings. The project includes one large mixed use building, a
stand-alone single-story commercial building, and eight smaller residential buildings (quads).
Federal Way Mixed Use 21-101125-UP / Doc. I.D. 81813
Findings for Project Approval Page 9 of 16
e. Building and Pedestrian Orientation – FWRC 19.115.070
i. One of the primary entrances to the podium building is visible from the right-of-way. A
residential building (quad) near 1st Avenue South is oriented to the right-of-way. The stand-
alone commercial building will utilize wayfinding signage to direct customers from the right-of-
way to the primary entrance in accordance with FWRC 19.115.020. A condition of approval shall
require site wayfinding signage to be installed prior to final inspection of the first building
permit. Landscaping will also be incorporated into the street-oriented façade.
ii. A public plaza is proposed at the intersection of 1st Avenue South and South 348th Street.
iii. Portions of podium and commercial buildings contain windows for visual access from the street
into activities within the buildings.
iv. Public spaces are incorporated into the site, including plazas, walkways, and with the use of
wayfinding signage creates a unified, campus-like development.
f. Mixed-Use Residential Buildings in Commercial Zoning Districts – FWRC 19.115.080
v. The podium building is a mixed-use building that faces 1st Avenue South and South 348th
Street. Upper stories contain residential type design features and details, including individual
windows, decks, setbacks from the building face, gabled roof forms, canopies, and a variety of
materials, colors, and textures. Ground floor commercial components contain individual ground-
level entrances to adjacent public sidewalks.
vi. The podium building’s non-residential floor is not consistent with FWRC 19.115.080(3). A
condition of approval will require compliance with this provision with the building permit
submittal.
a. Commercial and residential components may have different architectural expressions, but
the facade shall exhibit a number of unifying elements to produce the effect of an integrated
project.
vii. The project does not include landscaped gardens or courtyards for private use by residents on
the facades facing the right-of-way. There is a small communal terrace that is not at ground level,
minimizing exposure to the right-of-way.
g. District Guidelines – FWRC 19.115.090(1)(a)-(m) and (o)-(r)
i. Surface parking is located behind and to the side of the three street-facing buildings. No surface
parking is adjacent to the right-of-way.
ii. One of the primary entrances to the podium building is visible from the right-of-way. The stand-
alone commercial building will utilize wayfinding signage to direct customers from the right-of-
way to the primary entrance in accordance with FWRC 19.115.020. The entrance façade of the
residential building (quad) off of 1st Avenue South faces the right-of-way. The other residential
buildings (quads) are located internal to the site. All buildings contain windows and methods of
articulation and transparent glass where appropriate.
iii. The ground floor entrance to retail sales and services have plaza features and streetscape
amenities. Ground-level mirrored or reflective glass is not proposed adjacent to the right-of-way
or pedestrian areas.
iv. A series of 6’ chain link fences and gates will be used to restrict access to the residential and
stormwater facility components of the project. A condition shall require compliance with the
design standards for fences to be demonstrated at time of building permit: chain-link fences
visible from public rights-of-way or adjacent properties, and not screened by Type I landscaping,
shall utilize vinyl-coated mesh, powder-coated poles, dark color(s), and architectural element(s)
such as pole caps and/or decorative grid pattern.
v. Regarding the proposed residential uses (podium and 8 quad buildings):
Federal Way Mixed Use 21-101125-UP / Doc. I.D. 81813
Findings for Project Approval Page 10 of 16
a. Landscaped yards are provided between buildings and the public street. Parking lots
are beside and behind buildings that front upon streets.
b. The parking lot is broken up into rows containing no more than 10 adjacent stalls,
separated by planting areas.
c. Pedestrian walkways are provided between the interior of the project and the public
sidewalk. Walkways must be a minimum of six feet wide. A condition of approval
will require the 6’ walkway width to be shown on the building permit submittal.
d. A condition of approval will require demonstration of compliance with the lighting
guideline that on-site lighting fixtures shall include cutoff shields.
e. Principal entries to buildings are highlighted with plazas or landscaped areas and
have windows overlooking them.
f. Common recreational spaces are located and arranged so that windows overlook
them.
g. Units on the ground floor have private outdoor spaces adjacent to them.
h. Carports and garages in front yards are not proposed.
i. The podium building has facades that exceed 120 feet in length and are visible from
the 1st Avenue South and South 348th Street and is required to incorporate a
significant structural modulation (offset) integral to the building structure from base
to roofline. The façade facing South 348th Street provides a significant structural
offset that is approximately 9’ deficient in width. The façade facing 1st Avenue
South provides a significant structural offset that is approximately 3’ deficient in
width. These deficiencies are considered consistent with the design guideline’s use
of the term “approximately” rather than requiring an absolute dimension. The
façade facing the street intersection provides an alternative method of achieving the
offset by removing a section of the building. This departure is done in accordance
with FWRC 19.115.020 as the alternative method of achieving the guideline
provides a superior result. This departure is granted.
j. The podium building design has a distinct base, middle and top, and the top avoids
the appearance of a flat roof. The street-facing residential building (quad) near 1st
Avenue South also partially meets this guideline with the proposed addition of brick
to two of the four facades on the first floor. The other two facades of that building
and the remaining 7 quad buildings do not meet this standard of a distinct base,
middle, and top. The applicant has requested a departure for the 7 of the quads per
FWRC 19.115.020 since they are not visible from the right-of-way. The guideline
does not contain any right-of-way visibility provision, and as result this departure is
not granted. A condition of approval will require all facades on the quad buildings to
have the brick treatment on the bottom floor or other acceptable means of
achieving a distinct base, middle, and top.
k. All residential buildings include residential design features, including decks,
individual windows, offsets and varied roof forms. Window openings do not have
visible trim material or painted detailing that resembles trim. This departure is done
in accordance with FWRC 19.115.020 as the applicant feels that detracts from the
modern aesthetic. This departure is granted.
21. Mechanical Equipment –Per FWRC 19.110.070, rooftop mechanical equipment and similar
appurtenances that extend above the roofline are required to 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. The submittal proposes all rooftop mechanical equipment will be
architecturally screened from view. Mechanical equipment has been located behind gabled and shed roofs
with additional screening added where needed.
Federal Way Mixed Use 21-101125-UP / Doc. I.D. 81813
Findings for Project Approval Page 11 of 16
FWRC 19.115.050(6)(b) states that site utilities, including transformers and fire standpipes, should not be
the dominant element of the front landscape area. When these must be located in a front yard, they shall
be either underground or screened by walls and/or Type I landscaping, and shall not obstruct views of
tenant common spaces, public open spaces, monument signs, and/or driveways. The final location of
these site elements is not typically known at the time of land use application. Therefore, a condition of
approval shall require this requirement to be addressed in the building permit plan set.
22. Garbage/Recycling – Inside the podium building there will be a refuse room and chutes on residential
floors. There are two trash enclosures planned for the exterior portion of the site, one near the
commercial building and the other near the southeast corner of the site for use by the quad buildings.
Space requirements meet the criteria outlined in FWRC 19.125.150. Per FWRC 19.125.150(6)(d)(ii) since
both exterior storage areas exceed 175 square feet they must have a roof; this will be a condition of
approval. The northern trash enclosure is not screened with landscaping as required by FWRC
19.125.040(2) & (4); a condition will require this to be addressed with the building permit submittal.
Adequate screening is proposed for the other enclosure.
23. Lighting – The proposal includes outdoor lighting. Per FWRC 19.105.030(3), “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.”
The applicant submitted a lighting plan. The proposed maximum off-site light spill level is 3.2 horizontal
footcandles (fc). For reference, an average fc rating for an active building entrance is 2 fc. Considering
the projected lighting levels and distance to adjacent uses, glare problems are not anticipated.
24. Affordable Units – A minimum of five percent, or 12 (233 x 0.05=11.65) of the 233 units must be
considered affordable as defined by FWRC 19.110.010. “Affordable units” for rental housing means
dwelling units that are offered for rent at a rate that is affordable to those individuals and families having
incomes that are 50 percent or below the median county income. According to the submittal, 12 units will
be offered for rent at a rate that is affordable to those individuals and families with incomes that are 50
percent or below the median county income. A condition of approval will require that prior to issuance of
a certificate of occupancy for the first residential building, an agreement in a form approved by the city
requiring affordable dwelling units to remain as affordable housing for the life of the project must be
recorded with the King County Recorder’s Office by the applicant.
25. School Access Analysis – A school access analysis was submitted, which includes provision for a school
bus pick up zone within the development near the east end of the podium building with proximity to
South 348th Street. The analysis was routed to Federal Way Public Schools who did not provide comment.
A condition of approval will require this bus pick up zone to be incorporated into the site, landscape, and
civil plans submitted with the building permit.
26. Additional Permitting – Additional permitting, such as engineering review and building permits, are
required for site development. It is the applicant’s responsibility to identify and obtain all required state,
federal, or other agency permits as may be required.
27. Transportation Concurrency– As a component of the Use Process III application, projects undergo
transportation concurrency analysis according to the state’s Growth Management Act (GMA); goals and
policies of the 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 October 25, 2021, for the
development of 12,420 square feet of retail, 2,000 sq. ft. coffee/donut shop with drive up service, and
240 residential units. The number of new PM peak hour vehicle trips generated by the project is 275.
Federal Way Mixed Use 21-101125-UP / Doc. I.D. 81813
Findings for Project Approval Page 12 of 16
28. Transportation Impact Fee – A transportation impact fee is required and will be calculated based on
the fee schedule in effect at the time a building permit application is filed and must be paid before permit
issuance, per FWRC 19.100.070.
29. Access – The applicant has provided vehicular/pedestrian access and circulation consistent with the
goals and policies for transportation, as outlined in Chapter 3 of the FWCP.
The applicant has provided vehicular/pedestrian access and circulation consistent with the goals and
policies for transportation, as outlined in Chapter 3 of the FWCP. Since the property does not have the
needed 660’ frontage for multiple driveways on each street, the applicant requested a modification and
the City approved it (city file no. 21-103141-SM).
The subject property is served by four vehicle access points. Two accesses are from South 348th Street
where the west driveway is right-in and right-out only, but the east driveway is left-in and right-in/right-
out. Also the site has two accesses from 1st Avenue South. The northern driveway will be right-in and
right-out only. The north access is about 300 feet from the intersection. For safety reasons to
accommodate the 506 ft AM peak queue length on 1st Avenue, the north driveway access is restricted to
right-in and right-out only. The driveway will be designed with a raised channelization island. The south
driveway will have full turning movement.
The analysis has been submitted in regards to the spacing between the site’s east access and the driveway
on the north side of South 348th Street, which serves an office building. The channelization is to be
enhanced to discourage left turning motorists from entering the two-way left-turn lane too quickly. The
plan would remove 25 feet of C-curb and extend the striping and use a double yellow line. A right-turn
channelization island will be installed at the driveway.
30. Transportation Impact Analysis (TIA) – The applicant submitted a traffic study prepared by Jake
Traffic Engineering, Inc. on March 31, 2021, with revisions resubmitted on July 28, 2021, and September
14, 2021. The traffic study was completed to address on-site access and off-site intersections.
31. Street Improvements – The applicant/owner will be expected to construct street improvements
consistent with the planned roadway cross-sections as shown in Map III-4 in Chapter III of the FWCP
and Capital Improvement Program (CIP) shown as Table III-10 (FWRC 19.135.040). The applicant is
expected to construct improvements on the following streets to the city’s planned roadway cross-
sections:
o South 348th Street is a Principal Arterial planned as a Type “E” street, consisting of a 64-
foot street with curb and gutter, six-foot planter strips with street trees, 8-foot sidewalks, and
street lights in a 98-foot right-of-way (ROW). Assuming a symmetrical cross section, no
ROW dedication and street improvements are required.
o 1st Avenue South is a Minor Arterial planned as a Type “C” street, consisting of a 72-foot
street including five-foot bike lanes with curb and gutter, six-foot planter strips with street
trees, 8-foot sidewalks, and street lights in a 106-foot right-of-way. Assuming a symmetrical
cross section, a ROW dedication from 3’ to 8’4” is required. Dedication at the northwest
corner of the property will also be required that will provide 25-foot radius at the corner.
The City has waived the street improvement requirement by the process of a street
modification request application (see below).
The applicant submitted and received approval from the Deputy Public Works Director for their request
to waive the required street improvements along 1st Avenue South and modify the number of driveways
allowed on both 1st Avenue South and South 348th Street (city file #21-103141-SM).
Federal Way Mixed Use 21-101125-UP / Doc. I.D. 81813
Findings for Project Approval Page 13 of 16
32. Transit – King County Metro is interested in improving a bus stop along 1st Avenue South in the
vicinity of the project. As the City is not requiring any frontage improvements along 1st, the applicant is
encouraged to reach out directly to Metro to discuss this issue. The contact is Robbie Frankel who can be
reached at 206-263-3735.
33. Stormwater – The project is subject to a Full Drainage Review, as identified in the 2016 King County
Surface Water Design Manual (KCSWDM) and the City of Federal Way Addendum to that manual.
Detention and water quality for the project will be required to meet the Conservation Flow Control and
Enhanced Basic Water Quality standards, respectively. The applicant is proposing to modify the existing
storm water pond to meet the Conservation flow control standard, and is proposing proprietary water
quality vaults to meet the Enhanced Basic water quality standard. The applicant is advised that the city
anticipates adoption of the 2021 KCSWDM/new City Addendum on January 1, 2022, and while no
significant revisions have been made in the manual or city addendum, the engineer will need to design
their stormwater systems for the final engineering/permit plans as outlined in the 2021 manual.
The TIR references and contains an outdated version of the geotechnical report. A condition of approval
shall require the TIR submitted with the building permit/civil plan set to reflect the most recent
geotechnical report.
34. Stormwater System Development Charge (SDC) – The SDC is based on the amount of new
impervious surfaces added for any development. The SDC is expressed as an Equivalent Service Unit
(ESU): 1 ESU = 3,200 square feet of impervious surface added. The current (2021) SDC is $981.00 per
ESU. A five percent administration fee will be added to the total SDC. All SDC fees are payable at permit
issuance. The SDC fee is likely to increase on January 1, 2022, however, that amount has not yet been
determined.
35. Water and Sewer – Lakehaven Water & Sewer District is the water and sewer service provider.
Lakehaven issued certificates of water and sewer availability on November 30, 2020; certificates are valid
for one year from the date of issuance. Updated certificates will need to be submitted with the building
permit. The applicant will need to submit applications to Lakehaven for water and sewer service
connections and developer extension agreements.
36. South King Fire & Rescue – South King Fire & Rescue reviewed the application and has the following
condition: Elevators are required for any building that requires emergency personnel to carry a stretcher
more than 2 stories above the ground level. The elevator(s) shall be capable of fitting a stretcher lying flat.
37. Director’s Decision Criteria – The Director of Community Development makes a written decision on
the application based on the criteria listed under FWRC 19.65.100(2):
a. The proposal is consistent with the comprehensive plan;
i. The FWCP designation for the subject property is Community Business. The FWCP contains
the following goal and policy:
o LUG 6: Transform Community Business areas into vital, attractive, areas with a mix of uses that appeal to
pedestrians, motorists, and residents, and enhance the community’s image.
The proposed mixed-use development with residential and commercial tenants will add
to the mix of uses available to pedestrians, motorists and residents. New mixed-use
development in that location will enhance the community’s image.
o 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.
Federal Way Mixed Use 21-101125-UP / Doc. I.D. 81813
Findings for Project Approval Page 14 of 16
The proposed commercial component of the development accommodates both
pedestrian-oriented and auto-oriented retail uses and provides a supportive use to meet
the needs of residents and employees in the area.
b. The proposal is consistent with all applicable provisions of the FWRC;
i. As conditioned, the proposal is consistent with the applicable zoning regulations as detailed in
this report.
c. The proposal 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; and
i. Access to the site will be provided via driveways located on 1st Avenue South and South 348th
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.
g. It is consistent with the site design standards set forth for all zoning districts in FWRC 19.115.050;
i. See the Community Design Guidelines section of this report.
h. 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.
i. 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. This provision is not applicable as the project does not include remodeling or expansion of
existing development.
38. Conditions of Approval – The following conditions of approval are attached to the Process III decision:
1) Before issuance of any building permit the Boundary Line Adjustment shall be recorded.
Federal Way Mixed Use 21-101125-UP / Doc. I.D. 81813
Findings for Project Approval Page 15 of 16
2) The site, civil, and landscape drawings submitted with any building permit shall show the revised lot
layout in accordance with the recorded Boundary Line Adjustment.
3) The landscape plan submitted with any building permit in the vicinity of the area of the Type I
landscaping along the eastern portion of the property shall be revised to meet the Type I standard
and select appropriate vegetation given proximity to the wetland and buffer.
4) Landscape islands shall be provided at the end of all rows of parking and shown on the landscape plan
submitted with any building permit.
5) No irrigation installation is permitted in the wetland buffer.
6) Before issuance of any Certificate of Occupancy, critical area fencing, and signage shall be installed
per FWRC 19.145.180(2) and (3)(a)(iv).
7) Components of any building permit submittal related to the podium building’s parking structure shall
demonstrate compliance with FWRC 19.115.050(3)(b)-(d).
8) Site wayfinding signage shall be installed prior to the first building permit final inspection requested
for the site.
9) The stand-alone commercial building’s drive-through speakers shall not be audible off-site.
10) On the landscape plan submitted with the building permit for the podium building the Type II
landscaping being used to meet FWRC 19.115.060(2)(b) shall be a minimum of 8' in width per code,
be clearly labelled, and use vegetation meeting the Type II standard.
11) On the building permit submittal a canopy that complies with FWRC 19.115.060(2)(c) shall be added
to the southernmost façade of the podium building.
12) A second method meeting the requirements of FWRC 19.115.060(2) shall be applied to the northern
façade of the stand-alone commercial building and included with the associated building permit
submittal.
13) Components of any building permit submittal related to the podium building’s non-residential floor
shall demonstrate compliance with FWRC 19.115.080(3).
14) Compliance with the design standards for fences in FWRC 19.115.090(1)(f) shall be demonstrated at
time of building permit.
15) For pedestrian walkways on private property related to the podium and quad buildings the 6’
walkway width shall be shown on the building permit submittals.
16) On-site lighting fixtures related to the podium and quad buildings shall include cutoff shields.
17) All facades on the quad buildings shall have the brick treatment on the bottom floor or other
acceptable means of achieving a distinct base, middle, and top in accordance with FWRC
19.115.090(1)(q).
18) Site utilities including transformers and fire standpipes shall not be the dominant element of the
front landscape area. If these must be located in the front yard, they shall be either undergrounded or
screened by walls and/or Type I landscaping, and shall not obstruct views of tenant common spaces,
Federal Way Mixed Use 21-101125-UP / Doc. I.D. 81813
Findings for Project Approval Page 16 of 16
public open spaces, monument signs, and/or driveways. These items shall be shown on the building
permit plan set and completed on-site before issuance of a Certificate of Occupancy.
19) Exterior solid waste storage areas that exceed 175 square feet shall have a roof that complies with
FWRC 19.125.150(6)(d)(ii).
20) The northern exterior trash enclosure shall be screened per FWRC 19.125.040(2) & (4).
21) Prior to issuance of a Certificate of Occupancy for the first residential building, an agreement in a
form approved by the city requiring affordable dwelling units to remain as affordable housing for the
life of the project must be recorded with the King County Recorder’s Office by the applicant.
22) The on-site school bus pick up zone shall be incorporated into the site, landscape, and civil plans
submitted with any building permit.
23) The TIR submitted with the building permit/civil plan set shall reflect the most recent geotechnical
report.
24) Elevators are required for any building that requires emergency personnel to carry a stretcher more
than 2 stories above the ground level. The elevator(s) shall be capable of fitting a stretcher lying flat.
CONCLUSION – As conditioned, the proposed site plan application has been determined to be consistent
with the FWCP; with all applicable provisions of the FWRC; and with the public health, safety, and welfare.
The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from
the proposal, and the proposed access to the subject property is at the optimal location and configuration for
access. The proposed development is consistent with the decisional criteria required under FWRC Chapter
19.65, “Process III, Project Approval”.
The proposed site plan and application enclosures have been reviewed for compliance with the FWCP,
pertinent zoning regulations, and all other applicable city regulations. Final construction drawings will be
reviewed for compliance with specific regulations, conditions of approval, and other applicable city
requirements. This decision shall not waive compliance with future City of Federal Way codes, policies, and
standards relating to this development.
Prepared by: Principal Planner Stacey Welsh Date: November 22, 2021