Austincina Architects Permit 21 100533 Doc 81176K:\Administration\Day File\Kevin Peterson\Austincina Architects Permit 21 100533 Doc 81176.doc
March 8, 2021
Austincina Architects
Attn: Neitha Wilkey
12202 Pacific Ave, Suite C
Tacoma, WA 98444
RE: Permit #21-100533-00-SM; TWIN LAKES VETERINARY, 1060 SW 320TH ST
Response to request for waiver of street improvements
Dear Ms. Wilkey:
This letter responds to your request to waive the required street improvements along Southwest 320th
Street which abuts the above-referenced property. After evaluating the existing conditions along the
referenced street and surrounding neighborhood, review of Federal Way Revised Code (FWRC)
provisions (Section 19.135.070), and direction provided by the City Council, the Public Works
Department hereby approves your request to waive the required street improvements.
FWRC Section 19.135.070; Modifications of Improvements Along Property Frontage, allows the Public
Works Department to grant a request to modify, defer, or waive the required street improvements only
after consideration of four specific reasons. The reason most applicable here is contained in FWRC
19.135.070(1), “Improvements as required would not be harmonious with existing street improvements,
would not function properly or safely, or would not be advantageous to the neighborhood or city as a
whole.”
SW 320th Street is classified as a Principal Arterial, corresponding to Street Section Type ‘I’, which
requires a 58-foot paved roadway, 6-foot planter strips, and 8-foot sidewalks within a 92-foot right of
way. Existing improvements along this section of SW 320th St consist of a 56-foot paved roadway, 4-foot
planter strip, and 8-foot sidewalk, within a 100-foot right of way. Construction of the required
improvements would not be harmonious with the existing street section.
As a condition of approval of this waiver, the property owner is required to sign, notarize, and record the
enclosed ‘LOCAL IMPROVEMENT DISTRICT WAIVER OF PROTEST COVENANT’. Once the
document is fully signed and notarized, it will need to be recorded with the King County Recorder’s
office. Visit https://www.kingcounty.gov/depts/records-licensing/recorders-office.aspx for information on
the recording process. After the recording is complete, please mail a copy to Federal Way Public Works
Dep’t., Attn: Kevin Peterson, 33325 8th Ave S, Federal Way, WA 98003.
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Additionally, the owner will be required to remove the existing, eastern driveway cut, and replace it with
standard vertical curb and gutter, and install the planter strip and sidewalk, to match the existing. This will
be a condition of the final Building Permit.
The conditions of this modification will be applicable for a period of one year from the date of this letter.
If a building permit is not issued within the one-year time limit, this waiver will be void, and a new
request for modification must be submitted.
If you have any questions, please contact Kevin Peterson, Engineering Plans Reviewer, at (253) 293-
6577.
Sincerely,
Desiree Winkler, P.E.
Deputy Public Works Director
DW/KP:ss
Enc: Local Improvement District Waiver of Protest Covenant
cc: Project File/kp
Day File
K:\Administration\Day File\Kevin Peterson\Austincina Architects Permit 21 100533 Doc 81176.doc
RETURN ADDRESS:
City of Federal Way
Attn: Kevin Peterson, Public Works Department
33325 8th Avenue South
Federal Way, WA 98003-6325
CITY OF FEDERAL WAY
LOCAL IMPROVEMENT DISTRICT
WAIVER OF PROTEST COVENANT
Grantor (s): M & M 320TH STREET, LLC, a Washington limited liability company
Grantee (s): CITY OF FEDERAL WAY, a Washington municipal corporation
Property Legal Description (abbreviated): A ptn. of the SE ¼ of the SW ¼ SEC 7, TWP 21 N, R 4 E, W.M.
Assessor’s Tax Parcel ID#(s): 072104-9202
S-T-R: 7-21-4
Permit No: 21-100731-00-UP
THIS COVENANT is made by M & M 320TH STREET, LLC (“Property Owner”) in favor of the City of
Federal Way, a Washington municipal corporation (“City”).
A. The Property Owner owns certain real property commonly known as 1060 SW 320th Street, Federal Way,
WA 98001 and legally described as follows:
THE SOUTH 710 FEET OF THE WEST 330 FEET OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH,
RANGE 4 EASTE, W.M., IN KING COUNTY, WASHINGTON;
EXCEPT THE SOUTH 50 FEET AS CONDEMNED BY KING COUNTY IN PROCEEDINGS IN
KING COUNTY SUPERIOR COURT CAUSE NO. 661387.
SITUATE IN THE CITY OF FEDERAL WAY, COUNTY OF KING, STATE OF WASHINGTON.
(“Property”).
B. The Property Owner has submitted a request for a building permit under Permit No. 21-100731-00-UP to
construct an addition to the existing veterinary clinic residence on the Property which abuts a substandard
City right-of-way known as Southwest 320th Street, which project will impact and derive special benefits
from the public right-of-way.
C. The City may, in the future, construct, reconstruct or improve Southwest 320th Street to City standards
including, but not limited to, roadway widening, curbs, gutters, sidewalks, driveways across sidewalks, storm
drains, retaining walls, street illumination, landscaping, slope protection, underground power, and necessary
appurtenances consistent with good street construction (“Improvements”), so as to benefit the Property,
through the formation of a Local Improvement District.
NOW, THEREFORE, the Property Owner agrees as follows:
1. Permit. The Property Owner may obtain a building permit for construction of the building addition
without the installation of the Improvements so long as all other conditions of the permit, if any, are
complied with to the City’s satisfaction.
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2. No Protest. Pursuant to RCW 35.43.182 and in consideration of the City approving said permit, the
Property Owner agrees to participate in and not protest the formation of a Local Improvement District
pursuant to RCW 35.43.180.
3. Term. This Covenant shall be for a term of ten (10) years commencing on the date of execution
hereof and terminating ten (10) years thereafter.
4. Improvements. Nothing in this Covenant shall in any way absolve the Property Owner of any
underlying obligation to make any public improvements as a condition of permit approval under any
application other than Permit No. 21-100731-00-UP prior to the expiration date of this Covenant or
upon eighty (80) days’ written notice from the City if such public improvements are required pursuant
to the Federal Way Revised Code, any other permit application, or other applicable laws, rules, or
regulations, as now existing or hereafter adopted or amended. The Improvements may be necessary to
mitigate the effects of the development of the Property. This Covenant shall be construed only as
providing an alternative means for payment for necessary public improvements through the formation
of a Local Improvement District.
5. Binding Effect. This Covenant shall be construed to touch and concern the land, shall run with the
land, and bind the Property Owner, its successors in interest, heirs, and assigns.
6. Filing. This Covenant shall be recorded by the Property Owner with the King County Office of
Records and the Property Owner shall pay all recording fees.
7. Limitation. Nothing in this Covenant shall be construed to waive the Property Owner’s right to object
to the Property Owner’s individual assessment (including the determination of special benefits
allocable to the Property), or to appeal to the Superior Court the decision of the Federal Way City
Council affirming the final assessment roll.
DATED this day of , 20___.
Signature page follows
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PROPERTY OWNER:
_____________________________________
Michael Mizumoto, Governor
M & M 320TH STREET, LLC
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me, Michael Mizumoto, to me known to be the individual described in and
who executed the foregoing instrument, and on oath swore that he executed the foregoing instrument as his free and
voluntary act and deed for the uses and purposes therein mentioned.
GIVEN my hand and official seal this ______ day of ______________________, 20__.
Notary’s signature _____________________________________
Notary’s printed name ________________________________________
Notary Public in and for the State of Washington.
My commission expires__________________
Rev. 6/20