Approval Letter
.
Community Development Department
October 29, 2021
Eric Maise
GHD Services Inc.
9725 3rd Avenue NE, Suite 204
Seattle, WA 98115
eric.maise@ghd.com
Re: File #21-101305-00-UP; Process 1 “Directors Approval”
Jacksons; 1520 South 348th Street, Federal Way
Dear Eric Maise:
The Community Development Department has completed a review of your Process 1 Master Land
Use (MLU) application to expand an existing remediation system and compound and install a
modified cargo container at the above-mentioned address. Your application is hereby approved
pursuant to the findings and conclusions noted below.
FINDINGS OF FACT
1. Proposal – The applicant proposes to expand an existing compound and install a 40 foot by
8 foot by 8.5-foot modified cargo container to house a dual phase extraction (DPE)
remediation system and expand the existing compound concrete pad. The applicant
anticipates that the remediation of the site will take approximately 2 years after installation
and start-up of the system. The system will be installed in the northwestern portion of the
site behind the storage building and surrounded by 6-foot security fencing.
2. Existing Conditions – The subject site is a .96-acre parcel developed with a fuel station and
mini mart store. The remediation system portion of the site is bordered by auto oriented
services to the north and south and retail to the west. The location of the proposed activity
is not visible from the right-of-way.
3. Comprehensive Plan & Zoning – The subject property zoning district and Federal Way
Comprehensive Plan designation is Community Enterprise (CE). The primary use of the subject
property is a fueling station and mini-mart which are permitted use in the CE zone pursuant
to FWRC 19.240.050 Vehicle, boat, equipment, and outdoor storage container sales, rental,
service, repair – Self-service storage – Tow and taxi lots. The existing use was approved by
the city on March 27, 2018, under file number 17-105138-UP.
4. Use & Review Process – According to FWRC 19.125.170 and 19.125.180, outdoor storage
containers for may be used as accessory storage in conjunction any allowed principal use in
any nonresidential zone subject to Process I. As proposed, the container will be used for the
remediation system.
5. Design Criteria – The proposed storage container meets the design criteria in FWRC
19.125.180 for a storage container as discussed in the applicant’s written responses
submitted to the city on April 13, 2021 and October 22, 2021.
The container will be placed in the northwest portion of the parcel, which is the least visible
location from surrounding streets, pedestrian areas and neighboring properties. The
container will be painted to match the color of the adjacent storage building existing on the
site. All of the system will be located inside the cargo containers. A six-foot fence with
security screen shall be installed around the remediation compound.
6. Environmental Review – The proposed improvements are exempt from environmental
review. The proposed expansion improvements do not exceed the State Environmental Policy
Act (SEPA) definition of “minor new construction” as adopted in the city’s flexible
threshold exemptions in FWRC 14.15.030(1)(c).
7. Height and Setbacks – The height of the structure is below the 40-foot height maximum
limitation per FWRC 19.240.050 as stated in the use zone chart. The proposed location of
the concrete pad and cargo container is outside of the required 5-foot yard setback as
defined in the March 27, 2018 decision under file number 17-105138-UP.
8. Parking - The proposal will not require additional parking spaces as it will be used primarily
for equipment storage and anticipated to operate approximately 2 years after installation
and start-up of the system. The location of the cargo container does not eliminate any of
the existing onsite parking spaces.
9. Nonconformance – As proposed, the project is exempt from the requirements of FWRC
19.30.090(1), to bring all nonconforming aspects of a development into conformance.
Additions of less than 2,500 square feet are exempt
10. Stormwater – The proposal does not trigger additional storm water improvements. In
addition, all of the frontage improvements meet current code.
11. Building Permit – A building permit and electrical permit are required. The proposed
container will need to meet the requirements of IBC 2018 table 602 for fire resistance rating
based on fire separation distance from the property line.
12. Decision Criteria – Staff finds the proposal is consistent with applicable site plan approval
criteria required for Process I, as set forth in FWRC 19.55.020. The proposal is consistent
with the city’s comprehensive plan; applicable provisions of FWRC Title 19 “Zoning and
Development Code” (including FWRC 19.125.180); public health, safety, and welfare; and
streets and utilities in the area are adequate to serve the anticipated demand from the
proposal.
CONCLUSIONS
Various sections of the zoning and development code indicate that certain developments, activities,
or uses are permitted only if approved using Process I – Director’s Approval. Based on the findings
above, the proposed improvements to the developed site meet the following Process I approval
criteria and land use review thresholds of Federal Way Revised Code (FWRC) 19.15.030 and 19.55.020:
1. The proposed improvements are consistent with applicable chapters of FWRC Title
19, including, but not limited to: Chapter 19.125, Article IV, “Outdoor Activities and
Storage”; Chapter 19.55, “Process I – Director’s Approval”; and FWRC 19.240.050,
CE Zone requirements.
2. The proposal is a minor improvement, modification, or addition to a site that is
exempt from State Environmental Policy Act (SEPA) review.
3. The proposed improvements are not exempt from use process review as they do not meet
criteria set forth in FWRC 19.15.020, “Exceptions.”
4. Process I “Director’s Decision” is the appropriate Master Land Use application as minor
improvements and modifications to an existing developed site are proposed that do not
exceed thresholds set forth in FWRC 19.15.030(1).
5. The proposed improvements either comply with zoning regulations set forth in Use Zone
Chart FWRC 19.240.050, including required yards, lot coverage, height, and parking; or are
no more nonconforming than existing development.
6. The proposed improvements meet Process I purpose criteria set forth in FWRC 19.55.020,
including compliance with applicable provisions of FWRC Title 19, “Zoning and
Development Code,” and health, safety, and welfare standards.
APPEALS
The effective date of this decision per FWRC 19.05.360 is October 29, 2021 or three days from the
date of this letter. Pursuant to FWRC 19.55.050, any person who received notice of the
administrative decision may appeal this decision to the Federal Way Hearing Examiner within 14
calendar days by November 12, 2021 (14 days of issuance). Any appeal must be in the form of a
letter delivered to the Department of Community Development with the established fee. The appeal
letter must contain a clear reference to the matter being appealed and a statement of the alleged
errors in the director’s decision, including the identification of specific findings and conclusions
made by the director, disputed by the person filing.
APPROVAL DURATION
Unless modified or appealed, the Process I decision is valid for one year from the date of issuance of
the decision. A one-year time extension to the decision may be requested prior to the lapse of
approval following the provisions listed in FWRC 19.15.110. The improvements must be
substantially completed within the one-year time period or the land use decision becomes void.
CLOSING
This land use decision does not waive compliance with future City of Federal Way codes, policies,
and standards relating to this development. This Process I approval does not constitute approval of
the building permit
Should you have any questions about this, please contact Associate Planner Chaney Skadsen at (253)
835-2644, or chaney.skadsen@cityoffederalway.com.
Sincerely,
Digitally signed on October 29, 2021 at 2:01 PM
Brian Davis
Community Development Director
enc: Approved Site Plan
cc: PacWest Energy LLC, Richard.right@jacksons.com
Jeff Gaarder, jeff.gaarder@ghd.com
Cole Elliot, Development Services Manager
Greg Kirk, Plans Examiner