Smith Brothers Farms Approval LetterCITY OF
Federal Way
Centered on Opportunity
Ben Eldridge
Barghausen Consulting Engineers
18215 72nd Avenue South
Kent, WA 98032
held d&e@barghaus en. com
Re: File #21-102066-00-UP; PROCESS III "PROJECT APPROVAL"
Smith Brothers Farms, 34520 9th Avenue South, Federal Way
Dear Mr. Eldridge:
COMMUNITY DEVELOPMENT DEPARTMENT
33325 81h Avenue South
Federal Way, WA 98003-6325
253-835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
March 21, 2022
The City of Federal Way has completed the administrative land use review of the proposed Smith Brothers Farm
project, which includes the construction of a 45,300 square foot warehouse building for storage and distribution
of dairy products. The building includes warehouse, office space, and loading docks. Site improvements include
paved parking and truck and vehicular parking areas, landscaping, stormwater infiltration system, utility
connections, and frontage improvements along 9th Avenue South and South 3441h Street.
The Process III Master Land Use (N LU) application received June 16, 2021, with subsequent resubmittals
received July 14, 2021, August 27, 2021, November 24, 2021, December 7, 2021, February 17, 2022, and
February 23, 2022, is hereby approved with conditions, based on the enclosed Exhibit A, Finding 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. As conditioned, the streets and utilities in the area of the subject property are adequate to serve the
anticipated demand from the proposal;
5. As conditioned, the proposed access to the subject property is at the optimal location and
configuration; and,
6. As conditioned, traffic safety impacts for all modes of transportation, both on and off -site, are
adequately mitigated.
The director also approves a retaining wall modification according to FWRC 19.120.050(1)(b), and a landscaping
modification according to FWRC 19.125.100(2), as detailed in Exhibit A.
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.
Mr. Ben Eldridge
Page 2 of 3
March 21, 2022
REVIEW PROCESS
The site is within a Commercial Enterprise (CE) zoning district. Warehouse, Distribution, and Office are
permitted uses in the CE zone subject to the provisions of FWRC .19.240.020, "Warehouse — Distribution —
Storage facilities — Truck stops —Automotive emissions testing facilities," and FWRC 19.240.080, "Office Uses."
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 mitigated Determination of Nonsignificance (MDNS) on February 11, 2022. The appeal period
ended March 18, 2022, with no appeals submitted; therefore, the determination has become final.
CONDITIONS OF APPROVAL
The following conditions of approval are reasonably necessary to eliminate or minimize any undesirable
effects of granting the application.
1) Before issuance of any building permit, a spill containment and response plan is required to identify
equipment and/or structures that could fail, and shall include provisions for inspection as required by
the applicable state regulations.
2) Site utilities including transformers and fire standpipes, if located in the front yard, shall be either
undergrounded 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. These items shall be
shown on the building permit plan set and completed on -site before issuance of a Certificate of
Occupancy.
3) The building permit plan set shall show that rooftop mechanical equipment and similar appurtenances
that extend above the roofline are 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.
4) Per FWRC 19.125.150(6)(d)(i) or (ii), the drainage system for the SWR enclosure shall have one of
the following: if covered, a drain that is connected into the sanitary sewer system; if uncovered, a
drain that is connected to an oil/water separator, that then connects into the storm drain system.
5) There is a discrepancy on the total basin areas between what is shown on the plans and what is
indicated in the TIR. Provide the correct total and revise the engineering plans or TIR accordingly.
6) Final design of the driveway on South 3440, Street must be coordinated with the City's traffic division
during the engineering plan review process.
BUILDING PERMIT REQUIREMENTS
This Process III land use decision does not constitute a building permit or authorize clearing/grading
activities. An engineering and building permit applications (city file-22-100189-EN, 22-100593-CO, and 22-
100659-CO) have been submitted. Any changes as a result of the Process III approval must be reflected on
the submitted engineering and building permit plans.
21-102066-00-UP Doc. I.D. 82148
Mr. Ben Eldridge
Page 3 of 3
March 21, 2022
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
March 24, 2022. 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 of the decision
of the director, or April 7, 2022. 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 Senior Planner Becky Chapin at 253-835-2641
or becky.chapin@ty4ffederalwa .com.
Since l
Keith Niven, AICP, CEcD
Planning Manager
enc: Exhibit A, Findings for Project Approval
Approved Site Plan/Elevations/Landscape Plan
c: Brian Davis, Community Development Director Sean Nichols, South King Fire & Rescue
Becky Chapin, Senior Planner Scott Hougham, KGIP, shougham@kpjp.com
Greg Kirk, Plans Examiner Dustin Highland, dbighland@smithbrothcrsfarms.com
Cole Elliott, Development Services Manager King County Assessor's Office, assessor.inb M kingE:ountv.g(
Sarady Long, Senior Transportation Planning Engineer Party of Record
Brian Asbury, Lakehaven Water & Sewer District
21-102066-00-UP Doc. I.D. 82148