E xhibit A - Findings of Approval
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Findings for Project Approval Page 1 of 8
EXHIBIT A
FINDINGS FOR PROJECT APPROVAL
Federal Way Revised Code (FWRC) Chapter 19.65, “Process III - Project Approval”
SMITH BROTHERS FARMS
File #21-102066-UP
The Director of Community Development hereby makes the following findings according to content
requirements of the Process III written decision as outlined in Federal Way Revised Code (FWRC) 19.65.100(4).
These findings are based on the review of city documents and items submitted by the applicant received June
16, 2022, and resubmittals received July 14, 2021, August 27, 2021, November 24, 2021, December 7, 2021,
February 17, 2022, and February 23, 2022.
1. Proposal – Smith Brothers Farms proposes the construction of a 45, 300 square foot warehouse building for
storage and distribution of dairy projects. The building includes warehouse, office space, and loading docks.
Site improvements include paved parking and truck and vehicular parking areas, landscaping, stormwater
infiltration system, and utility connections.
2. Site Condition – The site is 4.2 acres, comprised of two parcels, 926480-0060 and -0070, located at the
intersection of 9th Avenue South and South 344th Street. The existing site is undeveloped, with partially
graded slopes and a large stockpile, centralized on the project site. The site is covered with light to
moderate vegetation, scattered trees, and brush. The site generally slopes downward from the north-
northeast to the south-southwest, with an overall relief of about 30 feet. The site is bordered by buildings
to the east and south, South 344th Street to the north, and 9th Avenue South to the west.
3. Boundary Line Adjustment – The subject property consists of two parcels. Many zoning and building code
requirements are associated with the location of property lines. A boundary line adjustment (BLA) to
remove the interior lot line was submitted on December 17, 2022, and was approved on February 22, 2022.
The BLA was recorded with King County Recorder’s Office on March 9, 2022, Recording #
20220309900012.
4. Zoning and Comprehensive Plan – Zoning for the subject site is Commercial Enterprise (CE). 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 Federal Way Comprehensive Plan (FWCP) designation
for the subject site is Commercial Enterprise.
5. Review Process – The project requires review under Process III, Project Approval. The Community
Development Director makes a written decision on the application based on criteria listed under FWRC
19.65.100. Appeals of the director’s decision are conducted by the city’s Hearing Examiner.
6. State Environmental Policy Act (SEPA) – The proposed improvements exceed categorical exemption levels
according to Washington Administrative Code (WAC) 197-11-800. An environmental checklist was submitted
to the city for review. The city annotated the checklist and issued a Determination of Nonsignificance
(DNS) on February 11, 2022, (city file 21-102067-SE). The threshold determination comment period
ended February 25, 2022, and the appeal period ended March 18, 2022.
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7. Public Notice – According to Process III regulations, a Notice of Application (NOA) was published in the
Federal Way Mirror, posted on the subject property, and posted on the city website on July 31, 2021.
According to SEPA regulations, a notice of the DNS was published in the Federal Way Mirror, posted on
the subject property, posted on the city website, mailed to all owners of real property as shown in the
records of the county assessor located within 300 feet of the site, emailed to agencies, and sent to people
who provided comments in response to the NOA, on February 11, 2022.
8. Public Comments – One comment letter was received on the Notice of Application; the comments relate to
trucks used in the distribution process, how many and time of day of operation.
The city has carefully and thoroughly considered the comments received as part of the city’s review of the
application. All of these comments will be included within the administrative record for this proposal and
will accompany the application throughout the city’s project review process. A copy of the decision will
be mailed to all interested parties.
9. Bulk & Dimensional Requirements – The proposed buildings are subject to the following required yards, lot
coverage, height, and parking standards outlined in FWRC Use Zone Chart 19.240.020 and 19.240.080.
Required Yards – The required yard for distribution is a 20-foot minimum front yard setback, and 15-foot
minimum side and rear yard setbacks. The required yard for office is a five-foot front, side, and rear yard
setback. As shown on the site plan, all setbacks are satisfied.
Lot Coverage – None required, the buildable area is determined by other site development requirements.
Height – The maximum height allowed for this use in the CE zone is 40 feet above average building
elevation (AABE). The submitted elevation drawing shows the building at 37 feet 6 inches, meeting the
minimum height requirement.
Lot Size – The minimum lot size is 1.5 acres. The site is 4.2 acres, meeting the requirement.
Parking – Warehouse/Distribution/Production: 1 stall for each 1,000 sq. ft. of gross floor area
Office: 1 stall for each 300 sq. ft. of gross floor area. The amount of required parking by code is 57 spaces
(36,000 /1,000 = 36 + 6,200/300 = 21). The site plan includes standard spaces, compact spaces, and car
and truck spaces, for a total of 80 parking spaces, exceeding the minimum required.
The site plan includes spaces for trucks; including delivery truck docks, box truck spaces, trailer truck
docks, and trailer truck staging spaces, for a total of 56 additional spaces, 24 are truck dock spaces.
10. Landscaping – Per FWRC 19.125.060(9), for industrial uses within the CE zone, Type II landscaping a
minimum of 10 feet in width shall be provided along all property lines. Type II landscaping is a visual
screen landscape area that may be less than a 100 percent solid screen between incompatible uses.
According to FWRC 19.125.100, due to special circumstances of the site, the applicant submitted a
landscape modification request. Due to the site topography, several retaining walls are proposed. The
landscape modification request would allow for perimeter landscaping be reduced to accommodate the
retaining walls. The proposed plantings will be increased in density in the modified areas. Shallow rooted,
trees approved by Lakehaven Water & Sewer District, will be planted within the Lakehaven easements.
The applicant provided a narrative to demonstrate compliance with the modification criteria in FWRC
19.125.100(2). The landscaping modification is granted.
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Interior parking lot landscaping in the amount of 22 square feet per parking stall is required per FWRC
19.125.070(2)(a)(i)(B). For the parking stalls provided, 2,825 square feet of landscaping is proposed,
exceeding the minimum requirement as detailed on the site plan.
Per FWRC 19.125.040(24) “All loading areas shall be fully screened from public right-of-way or
nonindustrial/manufacturing uses with Type I landscaping.” The elevation drawing and site plan show
truck bays on the north and east sides of the building. Screening with Type I landscaping is planned to be
provided to screen the east façade. The distance of the north façade from the adjoining uses to the north
and location of the building precludes the need for further Type I screening for this purpose.
11. Tree Retention/Replacement – According to FWRC 19.120.130, compliance with the city’s tree density
requirements in the CE zone (20 tree units per acre) requires 84 tree units on the subject property’s 4.2
acres. The applicant submitted the required tree retention plan and proposes to remove trees in
conjunction with the site development while retaining several trees, for a total of 192 tree units. This
requirement is satisfied.
12. Five-Year Wellhead Protection Zone – The subject property is located within a five-year wellhead protection
zone and wellhead protection regulations apply pursuant to FWRC Chapter 19.145, “Environmentally
Critical Areas.” A Hazardous Material Inventory Statement was submitted with the application. As
required by FWRC 19.145.090, the applicant submitted a hazardous materials inventory statement as a
component of the MLU application. The applicant has indicated that some hazardous materials or
deleterious substances will be stored, handled, treated, used, produced, recycled, or disposed on site.
As a condition of approval, due to the proposed materials on-site, including dairy products, a spill
containment and response plan will be required to identify equipment and/or structures that could fail,
and shall include provisions for inspection as required by the applicable state regulations.
13. Clearing & Grading – Grading of the site includes approximately 26,500 cubic yards of cut and 33,600
cubic yards of fill. Site development will be required to follow the recommendations provided in the
December 14, 2021, revised geotechnical report, prepared by Terra Associates, Inc. Clearing/grading
activities will also be reviewed for consistency with applicable standards outlined in Chapter 19.120
FWRC as part of construction permitting.
14. Retaining Walls & Fencing – The proposed grading and drainage plan and December 14, 2021, revised
geotechnical report, prepared by Terra Associates, Inc, include details of retaining walls, which are subject
to FWRC 19.120.120. According to the geotechnical report;
“A cut gravity Ultrablock wall is planned in the northeast corner of the project and will support the
vertical grade transition between the property and adjacent property to the east. The wall has a
maximum height of 5 feet with a 2H:1V or flatter backslope and horizontal frontslope. The second
wall is a fill wall located along the portion of the southern and western property lines and will support
the vertical grade transition between the project and adjacent property to the south and 9th Avenue
South to the west. The wall has a maximum height of 15 feet with a 2H:1V or flatter frontslope and
horizontal backslope.”
To accommodate the site development and existing grades in the area, retaining walls are proposed. The
grading plan shows a maximum height of approximately 15 feet, the final design will be reviewed at the
time of the building permit. The applicant provided a request for modification per FWRC Chapter
19.120.050. The modification request notes that the site is relatively steep, with large stockpiles creating
unique earthwork challenges. The project site proposed grades are flat as required for truck maneuvering
and access, which requires the use of retaining walls. To minimize disturbance to surrounding areas and
maximize the use of the property, retaining walls over six feet in height are needed along 9th Avenue
South. The retaining walls have been designed with consideration of the structural requirements defined
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by the project needs. The wall material meets the requires of FWRC 19.120.120, with additional texturing
and patterns included in the design. Landscape requirements meet or exceed what is required, additional
plant density will be added between the retaining wall and right-of-way.
According to FWRC 19.120.050, “Modifications,” the director has determined the proposed modification
request meets the criteria contained in FWRC 19.120.050(1) and is approved.
Chain-link fences visible from public rights-of-way or adjacent properties, and not screened by Type I
landscaping, shall utilize vinyl-coated mesh, powder-coated poles, dark color(s), and architectural
element(s) such as pole caps and/or decorative grid pattern. Black vinyl coated chain link fence with
black slats, six feet in height, is provided around the perimeter of the truck parking area, in some areas on
top of the retaining wall, meeting requirements of FWRC 19.125.160(5).
15. Community Design Guidelines – As detailed below, the project embodies site and building design principles
consistent with the requirements of the Community Design Guidelines (FWRC Chapter 19.115).
a. Crime Prevention Through Environmental Design (CPTED)
i. A completed CPTED checklist was submitted and reviewed by the Development Review
Committee (DRC). There were no concerns or comments on the proposal.
ii. The proposal meets many of the CPTED guidelines, such as having no blind corners in the
parking lot areas, open site layout, the building entrance is visible from the street, main entrance
is identified, and incorporation of lighting throughout the site.
b. Site Design – FWRC 19.115.050
i. Pedestrian areas and amenities are incorporated in the overall site design; overall design continuity
is achieved through the use of similar elements throughout the project; and user access and
pedestrian activities have been arranged to be near the main entrance.
ii. Required landscaping is provided, the parking aisles have loop access, and driveways are visible
from the right-of-way.
iii. Primary entrances to buildings are visible or recognizable from the right-of-way. Pedestrian
pathways from rights-of-way to primary entrances, from parking lots to primary entrances, and
pedestrian areas, are accessible and delineated.
iv. Pedestrian pathways and pedestrian areas are delineated by separate paved routes using light gray
color and stamped pattern different from the road.
v. Bike racks, on-site furniture, and trash receptacles will be located at the building entry plaza area.
vi. All outdoor trash enclosure areas will be accessible and screened appropriately.
vii. According to the application materials, the location of transformers is labeled as proposed. A
condition approval shall require that site utilities, including transformers and fire standpipes, shall
not be the dominant element of the front landscape area. When these must be located in the
front yard, they 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.
viii. Lights are placed to illuminate portions of the site via building and pole lights, directing optional
cut-off shield lights toward to interior of the site to mitigate light spillage offsite.
c. Building Design – FWRC 19.115.060
i. The building uses a combination of required façade modulation, landscape screening, canopy,
and pedestrian plaza. The north façade incorporates a canopy, stepped parapet line above roof to
create horizontal articulation, and pedestrian plaza. The west elevation incorporates a canopy,
parapet line that is stepped between the office and warehouse space, and pedestrian plaza. The
south façade incorporates a canopy and stepped parapet line above the roof to create horizontal
articulation.
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ii. The building will have window openings with visible trim, canopies, material variations, metal
siding texture, and metal vertical color banding to break up facades and massing, as well as
landscaped plazas.
d. Building and Pedestrian Orientation – FWRC 19.115.070
i. The building entrance is orientated to the right-of-way and incorporate plazas.
ii. The pedestrian plazas is located near the front corner of the building, close to the right-of-way
with pedestrian connections.
e. District Guidelines – FWRC 19.115.090(2)(a)-(f)
i. Surface parking is located adjacent to the right-of-way and provides pedestrian connection and
circulation loop.
ii. Entrance facades face the right-of-way and incorporate transparent glass windows and other
methods of articulation.
iii. Plazas with appropriate amenities are located at the building entrance.
iv. The truck parking area behind the building is proposed to be fenced. The submittal indicates
compliance with fence design standards.
16. Rooftop Mechanical Equipment –Per FWRC 19.110.070, rooftop mechanical equipment and similar
appurtenances that extend above the roofline are required to 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. A condition of approval shall require this to be shown on the
building permit plan set.
17. Garbage/Recycling – Design and space requirements meet the criteria outlined in FWRC 19.125.150. The
garbage and recycling compactor is not visible from the rights-of-way and are screened by enclosures and
landscaping. Refer to comment 24 below, for additional requirements.
18. 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.”
The applicant submitted a lighting plan. Considering the projected lighting levels and distance to adjacent
uses, glare problems are not anticipated.
19. Additional Permitting – Additional permitting, such as engineering review and building permits, are required
for site development. An engineering and building permits have been submitted (city file -22-100189-EN,
22-100593-CO, and 22-100659-CO). Final construction drawings will be reviewed for compliance with
specific regulations, conditions of approval, and other applicable city requirements.
20. Transportation – As a component of the Use Process III application, projects undergo traffic concurrency
analysis according to the state Growth Management Act (GMA); goals and policies of the FWCP; and
FWRC Chapter 19.90, “Transportation Concurrency Management.” A Capacity Reserve Certificate was
issued on October 12, 2021, for the development of a 58,000 square foot dairy warehouse/distribution
facility. The number of new PM peak hour vehicle trips generated by the project is 35.
21. Transportation Impact Fee – A transportation impact fee is required and will be calculated based on the fee
schedule in effect at the time a building permit application is filed and must be paid before permit
issuance, per FWRC 19.100.070.
22. Street Improvements – 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 FWCP and Capital
Improvement Program (CIP) shown as Table III-10 (FWRC 19.135.040). The applicant is expected to
construct improvements on the following streets to the city’s planned roadway cross-sections:
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The applicant has requested a modification to the frontage improvements on 9th Avenue South and
South 344th Street (file #21-105179-SM). The Deputy Public Works Director conditionally approved the
modification request as noted below:
· 9th Ave South is classified as a Principal Collector planned as a Type “K” street, consisting of a 44’
paved roadway with 5’ bike lane, curb and gutter, 6’ planter strips with street trees, 8’ sidewalks, and
street lights in a 78’ right-of-way (ROW). Existing improvements on 9th Ave S consist of a 36-foot
paved roadway with shared bike lane markings, curb and gutter, and a 5-foot sidewalk adjacent to the
back of curb. The existing ROW width, at 39-feet along the project side, is consistent with our
current standard. Existing street lighting along this frontage consists of 3 lights mounted on very old
wood poles.
· S 344th Street is also a Principal Collector planned as a Type “R” street, consisting of 40’ paved
roadway with curb and gutter, 4’ planter strips with street trees, 6’ sidewalks, and street lights in a 66’
right-of-way (ROW). Existing improvements on S 344th St consist of a 36- to 37-foot (+/-) paved
roadway with curb and gutter, and a 5-foot sidewalk adjacent to the back of curb. The existing ROW
width, at 33-feet along the project side, is consistent with our current standard. There are currently
no street lights along this frontage.
· The applicant is required to:
1. Construct new ADA compliant ramps at the SE and NE corners of the intersection of 9th
Ave S and S 344th St, and to also construct a new ADA ramp that is directed westerly across
9th Ave S that aligns with an existing ramp on the west side of 9th, just north of the USPS
bulk mail facility driveway;
2. Construct new City-standard street lighting (including new metered service) along both
frontages, and remove the existing street lights mounted on wood poles, as part of the
development.
23. Access – The project will have a driveway on 9th Avenue South and a truck access driveway on South 344th
Street. The applicant has requested a non-standard driveway width for the truck access driveway on
South 344th Street (file #21-105179-SM). The Deputy Public Works Director denied that request as
follows:
Public Works acknowledges that a driveway width that exceeds our City Standard Commercial Driveway
Approach (Detail 3-6A) may be necessary that can accommodate the expected truck traffic using this
driveway. However, the requested 75-foot width exceeds any driveway width that has been previously
approved with similar situations, and we propose that something less than 75-feet can accommodate the
project. It’s recommended that the design engineer coordinate a final design with the City’s traffic
division during the engineering plan review process. This is consistent with similar driveway width
modification requests reviewed by the City for previous development projects.
24. Stormwater – The project will be required to meet the requirements of a Full Drainage Review, as identified
in the 2021 KCSWDM and the City of Federal Way Addendum to that manual. Detention and water
quality for the project will be required to meet the conservation flow control and enhanced basic water
quality standards, respectively.
As a condition of land use approval, the following revisions are required for review during the engineering
plan review process:
1) There does not appear to be any sort of drainage system for the SWR enclosure. Per FWRC
19.125.150(6)(d)(i) or (ii), it shall have one of the following: if covered, a drain that is connected into
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the sanitary sewer system; if uncovered, a drain that is connected to an oil/water separator, that then
connects into the storm drain system;
2) There’s a discrepancy on the total basin areas between what’s shown on the plans and what’s
indicated in the TIR. Provide the correct total and revise the plans or TIR accordingly.
25. Stormwater System Development Charge (SDC) – The SDC is based on the amount of new impervious surfaces
added for any development. The SDC is expressed as an Equivalent Service Unit (ESU): 1 ESU = 3,200
square feet (SF) of impervious surface added. The current (2022) SDC is $1,035.00 per ESU. A five
percent administration fee will be added to the total SDC. All SDC fees are payable at permit issuance.
26. Water and Sewer – Lakehaven Water & Sewer District is the water and sewer, service provider. Lakehaven
issued certificates of water and sewer availability on May 24, 2021; certificates are valid for one year from
the date of issuance. The applicant will need to submit applications to Lakehaven for any necessary water
and/or sewer service connections.
27. South King Fire & Rescue – The South King Fire & Rescue District has indicated this project will require
four fire hydrants in approved locations. Fire hydrants shall be in service before and during the time of
construction. A recessed fire department “Knox” brand key box will be required. Location(s) will be
approved by the plan reviewer or Deputy Fire Marshal onsite. An automatic fire sprinkler system shall be
installed in all occupancies where the total floor area included within the surrounding exterior walls on all
floor levels, including basements, exceeds 5,000 square feet. City code requires an automatic fire detection
system in all buildings exceeding 3,000 square feet gross floor area. The fire alarm system is required to
monitor the sprinkler system, including water flow. Provide full notification as required by NFPA 72.
Complete coverage smoke detection is not required for this project. This fire detection system shall be
monitored by an approved central and/or remote station. Hydrant spacing along access roads and location
in relationship to buildings and sprinkler FDC shall be approved by the Fire Marshal’s Office.
28. Conditions of Approval – The following conditions of approval are attached to the Process III decision:
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.
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6) Final design of the driveway on South 344th Street must be coordinated with the City’s traffic division
during the engineering plan review process.
CONCLUSION – As conditioned, the proposed site plan have been determined to be consistent with the
FWCP; with all applicable provisions of the FWRC; and with the public health, safety, and welfare. As
conditioned, the streets and utilities in the area of the subject property are adequate to serve the anticipated
demand from the proposal, and the proposed access to the subject property is at the optimal location and
configuration for access. The proposed development is consistent with the decisional criteria required under
FWRC Chapter 19.65, “Process III, Project Approval”.
The proposed site plan and application enclosures have been reviewed for compliance with the FWCP,
pertinent zoning regulations, and all other applicable city regulations. 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.
Prepared by: Senior Planner Becky Chapin Date: March 21, 2022