taco bell up2 findingsFindings for Process II Site Plan Approval Page 1 of 7
Taco Bell at Pavilion Center File #21-104414-UP / Doc ID 82329
EXHIBIT A
Findings of Fact and Conclusions
for Process II Site Plan Approval
Taco Bell at Pavilion Center
File #21-104414-UP
The Planning Division hereby presents the following analysis to the Director of Community Development
pursuant to content requirements of the Process II written decision as set forth in Federal Way Revised Code
(FWRC) 19.60.070. These findings are based on review of existing city documents and submitted items by
the applicant filed with the city on November 9, 2021, and provided additional information from the
applicant Terra Forma Design Group on December 6, 2021; March 31, 2022; and July 1, 2022. The Process
II application was deemed complete on December 20, 2021.
1.Proposal – The applicant proposes to construct a new single story, 2,240 square foot Taco Bell drive-
thru fast food restaurant on an existing parking lot. The subject property fronts on the northwest
corner of the intersection of Pacific Highway South and South 316th Street, 315XX Pacific Highway
South, on King County tax parcel 082104 9174. The subject property is currently developed with an
existing approximately 43,506 square foot retail building (JoAnn Fabric), parking lot, landscaping
and associated improvements.
2.Comprehensive Plan & Zoning Designation – The subject property is zoned City Center Frame (CC-
F). The Federal Way Comprehensive Plan (FWCP) designation for the subject property is City Center
Frame.
3.Existing Conditions – The subject site is developed with one existing retail use building
approximately 43,506 square feet in size (Jo Ann Fabric), and a parking lot. The subject property is
comprised of one parcel (King County 082104 9174) totaling approximately 3.45 acres The subject
property is Lot C of Federal Way Boundary Line Adjustment file no 95-0001, recorded under file
number 95050549003. The existing building at the site received Process III Site Plan Approval by the
Department of Community Development in a September 30, 1998, approval letter from the City of
Federal Way Community Development Director for file UP398-0024.
4.Review Process – The proposed 2,240 square foot fast food restaurant exceeds the Process I Minor
Improvements thresholds in FWRC 19.15.030(1) for review processes for improvements and
additions to developed sites. Therefore, the proposed fast food restaurant use located in the CC-F
zone is subject to development review procedures of Process II “Site Plan Review,” set forth in
FWRC Chapter 19.60. Process II is an administrative site plan review process and does not require
public notice. The Process II review concludes with a written decision issued by the Director of
Community Development. Appeals of the director’s decision are conducted by the city’s Hearing
Examiner.
5.Public Notice & Comment – Process II review is an administrative decision and no public notification is
required or proposed.
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6.Environmental Review – The proposed improvements are exempt from environmental review. The
new building will be less than 12,000 square feet, and the improvements are consistent with the State
Environmental Policy Act (SEPA) “minor new construction” flexible thresholds as set forth in FWRC
14.15.030.
7.Nonconforming Development – As proposed, the project is exempt from the requirements of FWRC
19.30.090, to bring all nonconforming aspects of a development into conformance. Additions of less
than 2,500 square feet are exempt, except as noted below. However, pursuant to FWRC 19.30.180, no
nonconforming aspect of the development on the subject property may, in any way, be enlarged,
expanded, increased, intensified, compounded or in any other way made greater.
6.Building Height – As depicted on the March 24, 2021, preliminary elevation sheet A-201by Partners
Architectural Design Group Inc submitted with the application, the proposed building height of 25-
feet and 4-inches for the new building does not exceed the maximum height limit of 60 feet for the
CC-F fast food use (FWRC 19.230.030). Rooftop equipment is also proposed to be screened in
accordance with FWRC 19.110.070.
7.Required Yards – There are no minimum building setbacks required per FWRC 19.230.030. Per
FWRC 19.230.030 (note #2), more than a five-foot building setback is allowed adjacent to the
principal pedestrian right(s)-of-way (Pacific Highway South), as determined by the Director of
Community Development, as full compliance is precluded due to existing easements and to allow
streetscape amenities and the provision of outdoor pedestrian plaza with seating.
8.Lot Coverage – No maximum lot coverage applies to fast food use in the CC-F zoning district per
FWRC 19.230.030.
9.Parking and Drive-Thru – The proposed 2,240 square foot fast food building and use will not require
additional parking at the site.
Required parking is one parking space per 80 square feet of gross floor area for fast food use as
specified in FWRC 19.230.030. The subject property shares parking with the existing retail use
building. The existing 43,506 square foot retail building requires 145 parking stalls (43, 506 / 300 =
145). Therefore, the total required on-site parking stalls is 173 stalls (145 + 28). The proposed new
Taco Bell building and associated improvements results in a net reduction of 65 parking spaces on the
subject property. However, the site plan proposes an overall parking stall count of 193 stalls on the
subject property, which exceeds the minimum requirement of 173 parking stalls. As depicted on the
site plan, the minimum parking stall dimensional requirements are met.
The dual drive-thru stacking lanes as depicted appear to be adequate to accommodate queues
for a Taco Bell fast food restaurant. Any unexpected drive-thru queuing and stacking will not
adversely impact the public right of way or create any delay or backup on public right -of
way. Drive-thru stacking as proposed should not unreasonably interfere with on-site traffic
flow.
10.Landscaping – Landscaping is shown and proposed on the landscape plan dated 3/23/22 by
TerraForma. The perimeter and interior parking lot landscaping areas meet the intent of the FWRC.
The proposed trash enclosure is screened with a 100 percent sight obscuring fence and vegetation.
The drive-thru stacking lane is separated from the parking lot, sidewalk, and pedestrian areas by
landscaping. Interior parking lot landscaping is provided at the ends of all parking rows in accordance
with the FWRC. Building walls over 240 square feet or greater in area are either proposed to be
screened by landscaping or have variation in materials and/or lighting to break up the blank walls.
Final review of proposed landscape plans will occur in conjunction with building permit review to
ensure compliance.
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Taco Bell at Pavilion Center File #21-104414-UP / Doc ID 82329
11.Community Design Guidelines – The proposed building and site design complies with the minimum
guidelines of FWRC Chapter 19.115, “Community Design Guidelines,” as detailed below.
The applicant provided a written narrative dated March 23, 2022 identifying how the proposal complies
with the Community Design Guidelines FWRC Chapter 19.115 “Community Design Guidelines. ” The
applicant’s narrative is incorporated into this analysis and decision on compliance with the Community
Design Guidelines in Chapter 19.115, based on provision of the following key design elements:
a.Crime Prevention through Environmental Design (CPTED). The applicant submitted a CPTED
checklist, which was reviewed by city staff. CPTED features are incorporated into the site and
building design.
b.The overall site design includes paved pedestrian pathways connecting the proposed building to
the adjacent rights-of-ways and to the parking area.
c.Pedestrian areas and amenities, including an outdoor patio with textured concrete and outdoor
seating and tables are incorporated in the overall site design.
d.The principal entrance façade of the building is clearly recognizable from the right-of-way.
Pedestrian pathways from the right-of-way and pedestrian areas to the primary entrances are
accessible and clearly delineated.
Condition of approval: A condition of approval requires the paint striped pedestrian
crossing thru the vehicle drive-thru lane to be delineated by a distinct route using a variation
in paving material, texture, and color. Approved methods of delineation include: stone,
brick, or granite pavers; exposed aggregate; or stamped and colored concrete. Paint striping
on asphalt as a single method of delineation is not approved.
e.Building facades longer than 60 feet and visible from the right-of-way or other public areas
(east and west facades) contain combinations of required treatment methods of building façade
modulation, canopies and a pedestrian plaza on the south side.
f.Façade articulation includes material and color variations, window openings, graphic murals,
tower elements, façade landscaping and varying architectural features.
g.The building primary entrance is generally oriented to and clearly recognizable from the right-
of-way. The pedestrian plaza is located at the street corner of an overall site driveway (South
316th Street) and Pacific Highway South to optimize pedestrian access and use.
h.Parking and driving areas do not occupy more than 40 percent of the project’s linear frontage
along Pacific Highway South as the building is proposed between the parking area and Pacific
Highway South. This is permitted in accordance with FWRC 19.115.090(3)(a)(ii) & (iii).
i.The principal façade incorporates a variety of pedestrian-oriented architectural treatments.
j.The drive-thru window is on the west side of the building and is not visible from the public
right-of-way in compliance with the Community Design Guidelines.
k.Per FWRC 19.115.010(1)(e), guidelines are intended to serve as performance objectives for
developing the appropriate siting and design solutions for each development on each unique
site. Decisions under this chapter consider proposals on the basis of individual merit and
encourage creative design alternatives to achieve the purpose and objectives of this chapter. To
further this, and in recognition of site-specific opportunities and constraints, decisions may
allow for departure from any specific or numeric provisions contained in the guidelines,
provided the end result is consistent with the purpose statement of this chapter.
The proposed drive-thru restaurant and site plan layout is not inconsistent with the stated purpose
statement of FWRC chapter 19.115. The site layout supports the purpose statement, including one
purpose of the design guidelines chapter to improve and expand pedestrian circulation, public space,
and pedestrian amenities in the city.
12.Signage – Signage is not reviewed or approved as part of this Process II review and decision. See
FWRC 19.140 for specifics about sign requirements
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Taco Bell at Pavilion Center File #21-104414-UP / Doc ID 82329
13.Transportation – Based on the submitted materials, the proposed new 2,000 square foot fast food
restaurant is estimated to generate 37 new PM Peak Hour trips at the site. The City issued a
Transportation Capacity Reserve Certificate (CRC) for the proposal on July 28, 2022 under City file
21-104415-CN.
a. Access (FWRC 19.135.280) – The applicant’s plans provide vehicular and pedestrian
access and circulation consistent with the goals and policies for transportation, as set forth in
Chapter 3 of the Federal Way Comprehensive Plan (FWCP).
b. Concurrency (FWRC 19.90) – The applicant is required to undergo traffic concurrency analysis
pursuant to the state Growth Management Act; goals and policies of the Federal Way Comprehensive
Plan; and FWRC Chapter 19.90, “Transportation Concurrency Management.” The city’s Traffic
Division has reviewed the concurrency application and has issued an approved Capacity Reserve
Certificate (July 28, 2022).
c.Impact Fee (FWRC 19.91) – The applicant will be subject to the city’s transportation impact fee.
The fee will be calculated based on the fee rate in effect at the time a complete building permit
application is submitted and must be paid prior to building permit issuance.
d.Public Improvements (FWRC 19.135.040) – 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 Federal Way Comprehensive Plan (FWCP) and Capital Improvement Program
(CIP) shown as Table III-10. The applicant will be expected to construct frontage improvements on
the following streets to the city’s planned roadway cross-sections:
South 316th Street is classified as a Principal Collector and planned as a Type “L” street,
consisting of a 44-foot street with curb and gutter, 12-foot sidewalk, 5-foot bike lane, 3-foot
utility strip and decorative street lights in a 74-foot right-of-way. Currently the property
frontage portion of S 316th Street is fully constructed but not to current standard. The
current planter strip and sidewalk are not within right-of-way (ROW).
Pacific Highway S is a Principal Arterial planned as a Type "A" street, consisting of a 90-
foot street with curb and gutter, 6-foot planter strips with street trees, 8-foot sidewalks, and
decorative street lights in a 124-foot right-of-way (ROW). Currently the property frontage
portion of Pacific Highway S is fully constructed but not to current standard. The current
sidewalk is not within ROW.
A right-of-way modification request has been granted by the Deputy Public Works Director (July 15,
2021 and August 1, 2022) under file numbers 21-101177-SM and 22-101422-00-SM, respectively.
14.Stormwater – The project was reviewed by the Development Services Division of the Public Works
Department for compliance with the stormwater requirements of the 2021 King County Surface
Water Design Manual (KCSWDM), and city addendum to the manual.
The project meets the threshold set forth in FWRC 19.30.120, nonconforming water quality
improvements, Section (c), Redevelopment, which involves the repair or replacement of 2,000 square
feet or more of an impervious surface, when such redevelopment is not part of a routine maintenance
activity.
The applicant proposes a below grade stormwater treatment vault that meets the Enhanced Basic
Treatment criteria of the 2021 KCSWDM.
To bring the site into compliance with current standards for water quality treatment, the applicant is
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proposing to install two Filterra Vaults on site. From those vaults, treated storm water will then go to
the proposed detention vault.
15.Rooftop Mechanical Equipment – Per FWRC 19.110.070, vents and similar appurtenances that extend
above the roofline must 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. In accordance with adopted FWRC standards, final building plans shall indicate how any
rooftop equipment will be fully screened.
16.Garbage/Recycling – The submitted trash enclosure location and size have been reviewed for the
Process II application. Final design of the trash enclosure area shall be consistent with the primary
building and will be reviewed for compliance with all FWRC requirements in conjunction with
review of the building permit application.
17.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. In accordance with adopted FWRC standards, final building permit application plans
shall include outdoor lighting plans meeting applicable FWRC standards.
18.Water/Sewer – Lakehaven Water and Sewer is the water and sewer service provider. Service
connections for the proposed building additions will need to be obtained by the applicant. Certificates
of Water and Sewer Availability from Lakehaven Water and Sewer District dated August 2, 2021,
were submitted with the Process II application.
19.Building Permit – A building permit is required for the proposed new building. No work may begin
until building permit approval. Contact the Permit Center at permitcenter@cityoffederalway.com, or
253-835-2607, with questions regarding the building permit requirements.
Conclusions and Process II Decision Criteria – City staff finds the proposal is consistent with applicable
site plan approval criteria required for Process II as set forth in FWRC 19.60.050. The proposal is
consistent with the city’s comprehensive plan; applicable provisions of FWRC Title 19, “Zoning and
Development Code”; public health, safety, and welfare; and streets and utilities in the area are adequate to
serve the anticipated demand from the proposal. As discussed in Findings above; criteria analysis below;
and as conditioned, the proposal is consistent with decisional criteria set forth in FWRC Chapter
19.60.050.
DIRECTOR’S DECISION CRITERIA – The Director of Community Development makes a written
decision on the application based on the criteria listed under FWRC 19.60.050(2):
a.The proposal is consistent with the comprehensive plan;
The proposed new 2,240 square foot fast food restaurant is consistent with the adopted 2015
Federal Way Comprehensive Plan (FWCP), as this is a fast food restaurant use in the City
Center Frame. The proposal is consistent with the following Goals and Policies of the 2015
Comprehensive Plan
CCG2 Attract a regional market for high quality office and retail uses which increases
employment opportunities, adds to the City’s tax base, and establishes Federal Way’s City
Center as an economic leader in the South King County region.
CCG4 Encourage a mix of compatible uses to maintain a lively, attractive, and safe place to
live, work, and visit.
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CCP4 Continue to develop a City Center that is the primary commercial area providing local
goods and services to the surrounding neighborhoods and region, and to residents and
employees within the center.
CCP19 Continue to site and screen parking lots to minimize impact on the pedestrian
environment.
CCP20 Connect the main entry of buildings to public sidewalks by a clear, identifiable walkway.
CCP44 Continue to acquire right-of-way, primarily through dedication from development, to
complete and enhance the street network.
CCP47 Encourage buildings to front or face public rights-of-way, providing clear paths from
the sidewalk to all entries.
b.The proposal is consistent with all applicable provisions of this title (Federal Way Revised
Code [FWRC]);
Based on the findings of fact above and subject to the condition of approval, the proposal is
consistent with applicable substantive and procedural regulations of the FWRC for the purposes
of Process II Site Plan Review. Final review of the proposal will occur with the associated
building permit application for the proposal.
c.The proposal is consistent with the public health, safety, and welfare;
The Community Development 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. The site plan meets the
minimum requirements of the FWRC, Title 19, zoning, and provides for stormwater
improvements, utility improvements, traffic safety and mitigation as discussed in Findings of
Fact above, the associated building permit for the new Taco Bell will be reviewed for
compliance with all applicable building code and fire code requirements and standards.
The application and attachments have been determined to be consistent with the Federal Way
Comprehensive Plan; all applicable provisions of the FWRC; and with the public health, safety, and
welfare. 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.
d.The streets and utilities in the area of the subject property are adequate to serve the
anticipated demand from the proposal;
Based on the Findings of Fact above, the streets and utilities in the area are adequate to serve the
anticipated demand from the proposal. See the discussion and analysis in Findings of Fact above
in: “Transportation,” “Water & Sewer,” “Stormwater,” and “Conditions of Approval” related
sections of this report.
e.The proposed access to the subject property is at the optimal location and configuration;
and
Response - Access to the site will be provided via Pacific Highway South and South 316th Street
at existing driveway locations. No changes to the Pavilion Center site access will occur with this
new development.
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f.Traffic safety impacts for all modes of transportation, both on and off site, are adequately
mitigated.
Based on the Findings of Fact above, the traffic safety impacts are adequately mitigated. See the
discussion and analysis in Findings of Fact above in: “Transportation,” above. No modifications
to the existing street frontage or access points are proposed or required. Traffic impacts created
by the 37 additional PM peak hour trips have been addressed under the concurrency permit 21-
104415-CN, and will be mitigated with the traffic impact fee payment per FWRC.
Final construction drawings will be reviewed for compliance with specific regulations, conditions of
approval, and other applicable city requirements. These findings shall not waive compliance with future
City of Federal Way codes, policies, and standards relating to this development.
Prepared by: Senior Planner Jim Harris Date: August 22, 2022