File #21-104018-UP Approval Letter
COMMUNITY DEVELOPMENT DEPARTMENT
33325 8th Avenue South
Federal Way, WA 98003-6325
253-835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
April 22, 2022
John Dorsey
8706 92nd St NW
Gig Harbor WA, 98332
john@studiodorsey.com
Re: File #21-104018-UP; Process I “Directors Approval”
Watson’s Nursery Detached Restroom, 32108 39th Ave S (Parcel #236800 0040)
Dear John Dorsey;
The Community Development Department has received your October 5, 2021, Process I Master Land Use
(MLU) application to construct a detached, two-occupant restroom to serve an existing retail nursery. The
Process I application is hereby approved, with conditions, based on findings and conclusions below.
FINDINGS OF FACT
1. Proposal - The applicant proposes to construct a 149 square foot building and 74 square foot pad
for a detached two-occupant restroom and storage space to serve an existing retail nursery.
According to submitted materials, no changes are proposed to the landscaping or driveway.
2. Existing Conditions – The subject property is 57,648 square foot lot on the southwest corner of
the intersection at S 320th and Military Road S. The site is currently occupied by Watson’s Nursery, a
retail business specializing in plants and landscaping materials. The site is adjacent to Single Family
Residential (RS 9.6).
3. Comprehensive Plan & Zoning – The subject property zoning district and Federal Way
Comprehensive Plan designation is Neighborhood Business (BN). The existing nursery is a permitted
use with in the BN zone pursuant to Federal Way Revised Code (FWRC) 19.215.010. The proposed
detached restroom is an accessory structure supportive to the primary use.
4. Use & Review Process – According to FWRC 19.15.030(1), minor improvements and modification
to a site which are exempt from SEPA shall be processed using Process I. The proposed
improvement is a minor improvement to the existing site, and therefore, is reviewed as an
administrative land use process pursuant to FWRC Chapter 19.55, “Process I – Director’s
Approval.”
5. 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).
COMMUNITY DEVELOPMENT DEPARTMENT
33325 8th Avenue South
Federal Way, WA 98003-6325
253-835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
6. Height and Setbacks – Due to the proximity of residentially zoned areas, all structures have
reduced maximum height and increased required yard setbacks per note 3 of the FWRC 19.215.010
zone chart. The height of the structure is below the 30-foot height maximum limitation and the
proposed location of the accessory structure is outside of the required 20-foot yard setback from the
adjacent residential zone as defined in FWRC 19.215.010 (3).
7. Parking –The site contains 37 parking spaces. Pursuant to Federal Way Revised Code (FWRC)
19.215.010 one parking space is required per 300 square feet of gross floor area. The existing retail
building is 11,466 square feet requiring 39 parking spaces (11,466/300= 38.22). The formula for
determining the required number of parking spaces results in a fraction, it will be rounded up to the
next higher whole number per FWRC 19.130.040. The number of parking spaces provided onsite do
not conform with the required parking for the existing use and is nonconforming.
Pursuant to FWRC 19.30.180 no nonconformance may, in any way, be enlarged, expanded,
increased, intensified, compounded or in any other way made greater. The proposed detached
bathroom and storage has a gross floor area of 149 square feet requiring one parking stall. An
additional parking space is provided in the southwest corner of the site increasing the existing 37
spaces to 38 total parking spaces. The proposal does not expand the existing nonconformance in
meeting the required number of parking spaces.
8. 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.
9. Transportation – The proposal is expected to generate one pm trip using ITE LUC 817 (Nursery –
Garden Center) and sq. ft. GFA as independent variable. Given the location of the proposal, the new
trip will not likely impact any key intersections and therefore transportation concurrency permit
application is not required.
10. Water & Sewer - The site has two (2) existing water service connections and existing sewer service
stub. A water service connection application submitted separately to Lakehaven is required for each new
service connection to the water distribution system (e.g., irrigation, etc.). A separate Lakehaven Sewer
Service Connection Permit is required for each new connection to the sanitary sewer system. See
enclosed Lakehaven Water & Sewer District Comments and Map.
CONCLUSIONS OF LAW
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 Process I approval criteria and land use review
thresholds of FWRC 19.15.030 and 19.55.020:
1. The proposed improvements are not exempt from use process review as they do not meet criteria set
forth in FWRC 19.15.020, “Exceptions.”
2. 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).
COMMUNITY DEVELOPMENT DEPARTMENT
33325 8th Avenue South
Federal Way, WA 98003-6325
253-835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
3. The proposal is a minor improvement, modification, or addition to a site that is exempt from State
Environmental Policy Act (SEPA) review.
4. The proposed improvements either comply with zoning regulations set forth in Use Zone Charts
FWRC 19.225.030, including required yards, lot coverage, height, and parking; or are no more
nonconforming than existing development.
5. 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.
CONDITION OF APPROVAL
1. The proposal would be required to pay the traffic impact fee estimate based on the fee schedule at
the time of time of building permit.
BUILDING PERMIT ISSUANCE REQUIRED
This Process I land use decision does not constitute building permit approval, or authorize clearing/grading
activities. The following permits are required: building plumbing, mechanical and electrical. The new
restrooms shall meet the 2009 ANSI standard for accessibility, the building will also require some type of heat
to protect the plumbing from freezing.
No work may begin until the building permits are issued. If you have any questions regarding building permit
review contact the Permit Center at 253-835-2607, or permitcenter@cityoffederalway.com.
APPEALS
The effective date of this decision is April 25, 2022, or three days from the date of this letter. Pursuant to
FWRC 19.55.150, any person who received notice of the administrative decision may appeal this decision to
the Federal Way Hearing Examiner by May 9, 2022. Any appeal must be in the form of a letter delivered to
the Community Development Department with the established fee. 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, street address, email address,
telephone number, fax number, and any other information to facilitate communications with the appellant.
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 is valid for one year from the effective date of
this decision. If no further action is taken within one year, this decision will expire.
COMMUNITY DEVELOPMENT DEPARTMENT
33325 8th Avenue South
Federal Way, WA 98003-6325
253-835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
If you have any questions regarding this decision, please contact Senior Planner, Chaney Skadsen at 253-835-
2644, or chaney.skadsen@cityoffederalway.com.
Sincerely,
Chaney Skadsen,
Senior Planner
enc: Approved Site Plan
Lakehaven Water & Sewer Comments and Map
cc: Keith Niven, Planning Manager, AICP, CEcD
Addison Gregory, addison@watsonsgreenhouse.com
HMC Federal Way LLC, hansremanagement@gmail.com
Samir Basmeh, Development Services Reviewer
Sarady Long, Senior Transportation Planning Engineer
Greg Kirk, Plans Examiner
Sean Nichols, South King Fire & Rescue
Brian Asbury, Lakehaven Water & Sewer District