New Standard Change of Use ApprovalCOMMUNITY DEVELOPMENT DEPARTMENT 33325 8th Avenue South Federal Way, WA 98003-6325
253-835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
June 10, 2021
Vitaliy Afichuk
9608 Aurora Avenue North
Seattle, WA 98103
info@greenbuilddev.com
Re: File #21-101465-AD; ZONING COMPLIANCE REVIEW – CHANGE OF USE
New Standard Building Materials; 34110 – 34222 Pacific Highway South, Federal Way
Dear Vitaliy Afichuk:
The city is in receipt of your April 13, 2021, request for a Change of Use Analysis at the above-mentioned
property on parcels #202104-9137, 202104-9041, and 202104-9120. The parcels are zoned Commercial
Enterprise (CE). The subject property consists of an existing 28,930 square foot skating rink permitted and
constructed prior to City of Federal Way incorporation under King County. The change of use is to locate a
new lumber yard and hardware store within the existing building and includes interior renovations in addition
to site improvements, including perimeter fencing, retaining walls, the installation of exterior racks with metal
shed covering, and reduction of existing parking spaces.
ZONING COMPLIANCE REVIEW
Federal Way Revised Code (FWRC) 19.15.025 addresses a change of use at a developed site as follows:
“19.15.025 – Zoning and use review process for new tenants – Change of use at a developed site.
The purpose of this section is to review and determine compliance with applicable zoning and
development code requirements when a new use is proposed to occupy an existing building or
site. When a land use changes from one use category in the zoning charts to another use
category, a zoning compliance review shall be performed as part of the use process review, when
required, or in conjunction with the required business registration and/or building permit review.
Each paragraph in a zoning chart is a use category. If the new use is in the same use category as
any previous legal use of the site, no zoning compliance review is required.”
The previous use of the building was a skating rink. Per FWRC 19.240.110, the skating rink is a permitted
entertainment use in the CE zone. A lumber yard and hardware store is proposed to occupy the site and is a
permitted use in the CE zone pursuant to FWRC 19.240.060, “Retail - Bulk retail.”
The existing and proposed uses are located in different zoning charts; therefore, a zoning compliance review
is required. Per FWRC 19.15.025(1), any new use shall comply with only those standards of the use zoning
charts that are directly related to the new use as determined by the director. Examples include parking, use-
specific setbacks, use-specific special regulations and notes, and nonconforming surface water quality
improvements identified in FWRC 19.30.120. Other nonconforming aspects of the site which are not made
nonconforming as a result of the change of use are not required to be brought into conformance as a result
of this subsection.
Vitaliy Afichuk
Page 2 of 5
June 10, 2021
21-101465-AD Doc ID 81301
The zoning compliance review of a change of use does not approve site improvements or new building and
infrastructure construction. Given the existing site, further land use application reviews through a Use
Process III and SEPA are required per FWRC 19.15.030(3), to review the material racks and storage, changes
to parking, site improvements, retaining walls, and fencing as included in this proposal.
CHANGE OF USE ANALYSIS
The subject property is located in the CE zone. A new lumber yard and hardware store is proposed to occupy
the site and is a permitted use pursuant to FWRC 19.240.060. “Retail - Bulk retail.” As such, zoning compliance
review is required to determine compliance with use zone chart standards that directly relate to the new use.
Pursuant to FWRC 19.05.180, “retail sales, bulk” means “a retail establishment engaged in selling goods or
merchandise to the general public as well as to other retailers, contractors, or businesses, and rendering
services incidental to the sale of such goods, involving a high volume of sales of products in a warehouse
setting, and may include membership warehouse clubs, i.e., “big box” retail. Bulk retail is differentiated from
general retail by any of the following characteristics:”
“(1) Items for sale include large, categorized products, e.g., lumber, appliances, household furnishings, electrical and
heating fixtures and supplies, wholesale and retail nursery stock, etc.; and may also include a variety of carry out
goods, e.g., groceries, household, and personal care products;
“(2) A large inventory of goods and merchandise is stored on the subject site in high-ceiling warehouse areas, high-
rack displays, and/or outdoor storage areas; and
“(3) High volume truck traffic, regular pickup and delivery of large items, a designated contractor pick-up area,
and high parking-to-building ratios.”
The following use zone chart standards are met by the proposal:
1. Lot Size – Lot size requirements for bulk retail is 1.5 acres. The subject property is 1.87 acres,
exceeding the minimum required lot size.
2. Maximum Height of Structures – The maximum height for the entertainment use per FWRC
19.240.110 is 40 feet, which is equal to the bulk retail maximum height per FWRC
19.240.160. Elevation drawings demonstrate that the height of the existing building is 30
feet. The new use does not propose any change to the height of the building. The proposed
material racks are 18 feet tall, not exceeding the maximum allowed height.
3. Required Yards – The existing structure (per entertainment use zone chart standards) is currently
nonconforming as it is located within the required rear and west side yard setbacks. Per FWRC
19.240.110, minimum side and rear yard setbacks shall be 10 feet. The proposed bulk retail use
zone chart has larger required setbacks than the existing use. Per FWRC 19.240.060, the
proposed bulk retail use has a 15-foot rear and side yard setbacks per special note 1. However,
pursuant to FWRC 19.15.025(1), any new use shall comply with only those standards of the use
zone charts that are directly related to the new use as determined by the director. The director
has determined that the proposal is not required to meet the use-specific setbacks for the
existing structure. Future site improvements must meet code required setbacks.
The following components of the proposal do not meet FWRC regulations and are not approved as
part of this zoning compliance review change of use:
Vitaliy Afichuk
Page 3 of 5
June 10, 2021
21-101465-AD Doc ID 81301
4. Retaining Wall and Fence – The submitted site plan includes a proposed eight-foot fence and
retaining walls along the perimeter property lines of the three contiguous lots. The proposed
fence and retaining walls exceed the maximum height of six feet as measured from the finished
grade of wall to top of wall per FWRC 19.120.120(3). A fence and/or retaining wall exceeding
six feet in height shall be located outside of the required yard setbacks. See section 5, below,
for further detail on required yard setbacks. Any fence over seven feet in height also requires a
building permit.
5. Outdoor Storage – The site plan depicts two proposed 18-foot material racks with metal shed
coverings on parcel 202104-9137 and possibly another on parcel 202104-9041. One of the
material racks is located in front of the existing structure. Per FWRC 19.240.060(6), outdoor
storage areas shall be located to the rear and/or side(s) of the principally permitted structure.
As proposed, the covered outdoor material rack and storage is located in front of the principal
structure on parcel 202104-9137 and cannot be permitted in that location.
Outdoor activities and storage are required to meet the criteria per FWRC 19.125.170(3)(a)-(e).
The following components of the proposal either do not demonstrate compliance with FWRC
regulations or are required prior to approval:
6. Required Parking – The required parking for the entertainment use per FWRC 19.240.110 is 1
space per 100 square feet of gross floor area, which is greater than the parking requirements
for bulk retail of 1 space per 300 square feet of gross floor area per FWRC 19.240.060.
The existing structure is 28,930 square feet, requiring a minimum of 97 spaces (28,930/300
= 96.4). Per FWRC 19.130.040, if the formula for determining the minimum and maximum
number of parking spaces results in a fraction, that fraction will be rounded up to the next
higher whole number.
Areal footage demonstrates 121 existing parking spaces on parcel 202104-9137, exceeding the
97 spaces required for the proposed use of the existing structure. The submitted site plan only
depicts 30 parking spaces as a result of proposed site improvements and reconfiguration, with
a note that parcel 202104-9041 (abutting 202104-9137 to the north) could be used for either
additional parking or lumber material storage.
Per FWRC 19.130.110(1), the required number of parking spaces shall either be:
(a) On the subject property; or
(b) On a lot adjoining the subject property, if that lot is in a zone
that permits the use conducted on the subject property.
If the parking is located on a lot other than the lot containing the use which generates the
parking space requirements, the owner of the lot containing the parking must sign a covenant,
or other instrument in a form acceptable to the city attorney, requiring that the lot be devoted
in whole or in part to required parking for the use on another lot. The applicant must record
this statement with the county to run with all affected properties per FWRC 19.130.110(2).
The site plan depicts two proposed 18-foot material racks with metal shed coverings;
however, the dimensions of the racks were not included. Per FWRC 19.125.170(5), the
material racks and storage count as gross floor area. Therefore, additional parking spaces will
be required dependent on the additional square footage of the materials racks.
Vitaliy Afichuk
Page 4 of 5
June 10, 2021
21-101465-AD Doc ID 81301
Any future changes to site, such as additions to gross floor area or reductions in existing
parking, shall comply with code per FWRC 19.240.060. Providing 30 spaces for the use does
not comply with code requirements.
7. State Environmental Policy Act – According to city records, the subject parcels have not been
reviewed under SEPA. Per WAC 197-11-800(2)(e), SEPA is required for any addition when
the total square footage of the entire facility (old plus new) exceeds the thresholds per
FWRC 14.15.030. SEPA and Process III review is required for any minor new construction
to a site that exceed the thresholds for office, commercial, recreational, and service or
storage buildings up to 12,000 square feet gross floor area, and up to 40 parking spaces per
FWRC 14.15.03.0(c-d). Also see FWRC 19.15.030(3).
OTHER DEPARTMENT REQUIREMENTS
Building Division
Separate permits will be required for the following:
• The interior wall to be constructed.
• High pile rack storage.
• The coverings to be constructed over the rack storage.
• The new fencing if over seven-feet tall.
• Retaining wall if over four feet from the bottom of footing to top of wall, and it will need
to be designed by a structural engineer.
Please keep in mind designing your project that the city is now using the 2018 versions of the ICC codes and
the 2018 version of the Washington State Energy Code.
Public Works Development Services Division
Full drainage review and stormwater improvements will be required due to the paving proposed. All
driveways that will be closed off due to the installation of retaining walls must be removed and replaced. The
paving along both Pacific Highway South and 16th South are less than five-years old. Therefore, any damage
to either roadway will result in a required restoration of 500 feet in either direction for full roadway width.
Public Works Traffic Division
Comments will be sent in a separate letter.
South King Fire & Rescue
This change of use will require a full review for protection determination of fire sprinklers in the building due
to an increase in fire load.
The proposed Change of Use is approved with conditions. Further land use application review is required
for exterior modifications to buildings, site improvements, and other new building/infrastructure construction.
Additional modifications to the proposal will be required to comply with the FWRC.
Vitaliy Afichuk
Page 5 of 5
June 10, 2021
21-101465-AD Doc ID 81301
CONDITIONS OF APPROVAL
1. The applicant shall apply for a Preapplication Conference per FWRC 19.40, or pursue a written waiver
from the Director of Community Development per FWRC 19.40.030(2).
2. The applicant shall submit a Process III review and SEPA application for land use approval of the
proposed exterior modifications to buildings, site improvements, and other new building/infrastructure
construction.
3. The land-use application shall clearly provide the minimum required parking spaces of 1 space per 300
square feet of gross floor area, including additional gross floor area from the material racks and storage
per FWRC 19.240.060 and 19.125.170(5).
4. Perimeter retaining walls and fences shall not exceed six feet in the required yard setbacks per FWRC
19.125.120(3).
5. The outdoor materials racks and storage located on parcel 202104-9137 shall be relocated from in front
of the existing structure per FWRC 19.240.060.
CLOSING
This letter does not waive compliance with future City of Federal Way codes, policies, and standards relating
to this development. This letter is not intended to identify all issues, as modifications to the building will
require additional building permit application review. Also, you will need to obtain a city business license
through the city’s Finance Department before occupying the building. Should you have any questions about
this letter, please contact Associate Planner Chaney Skadsen at chaney.skadsen@cityoffederalway.com or
(253) 569-1772.
Sincerely,
Digitally Signed June 10, 2021, at 3:27 PM
Brian Davis
Community Development Director
enc: Bulletin #003, Master Land Use Application
Bulletin #14, Use Process III Submittal Requirements
Bulletin #44, Preapplication Conference
Bulletin #50, Environmental Checklist
c: Chaney Skadsen, Associate Planner
Greg Kirk, Plans Examiner
Cole Elliot, Development Services Manger
Jason Kennedy, Senior Traffic Engineer
Sean Nichols, South King Fire & Rescue