Staff Report and Decision_Ohashi SP
Short Subdivision Decision
and Staff Report
February 21, 2024
I. Project Information
Permit Number(s): 23-105817-SU
Project Name: Ohashi Short Plat
City Staff Contact:
Becky Chapin, Senior Planner
253.835.2641
becky.chapin@cityoffederalway.com
Applicant:
Mazen Haidar, Pacific Land Engineering
13617 SE18th Street, Bellevue, WA 98005
425.615.5150, mazen@pacificlandwa.com
Property Owner:
Shellie Emiko Ohashi
1225 SW 296th Street, Federal Way, WA 98023
206.349.1592, emi@edgllc.net
Property Address: 1225 SW 296th Street
Parcel Number(s): 515320-0015
Zoning District: Single Family Residential (RS15.0)
Comprehensive Plan
Designation: Single Family - Medium Density Residential
Adjacent Uses:
North: SW 296th St, Residential Home
South: Residential Home
East: Residential Home
West: Residential Home
Project Description:
Proposed short subdivision on one (1) single family lot into
two (2) single family lots.
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II. Background
The short subdivision application (File # 23-105817-SU) was submitted on December 14, 2023, and
subsequent resubmittal on February 11, 2024. The subject property is located at 1225 SW 296th Street,
parcel # 515320-0015. The 0.69-acre parcel is developed with an existing single-family home that has
access to SW 296th Street, which is to remain. The site generally slopes up to the south from SW 296th
Street at approximately 25 to 35 percent, then levels out at the area of the existing residence. Vegetation
consists of maintained grass and lawn to the north and scattered fir trees, shrubs, and unmaintained grass
to the south. The site does not contain, or is adjacent to, any known critical areas. See Attachment A for
the proposed short plat.
III. Statement of Findings
1. Zoning Compliance
Zoning Consistency
Proposed Use Allowed
Detached Dwelling Units ✓Yes
FWRC 19.200.010 (use zone chart) Required Provided
Minimum Lot Size 15,000 sq. ft. Lot 1 15,000 sq. ft.
Lot 2 15,000 sq. ft.
Front Setback 20 ft 20 ft
Side Setback 5 ft 5 ft & 10 ft utility
easements
Rear Setback 5 ft 5 ft
Future building permit applications will be reviewed for compliance with these provisions.
Parcel Map
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2. Decisional Criteria – Pursuant to FWRC 18.30.110(2) and based on the Findings of Fact and
Conclusions contained in this Staff Report, the following for the proposed short subdivision (as
conditioned) are true:
(a) The proposed short subdivision is consistent with the comprehensive plan;
(b) The proposed short subdivision is consistent with all applicable provisions of title
18;
(c) The proposed short subdivision is consistent with the public health, safety, and
welfare;
(d) The proposed short subdivision is consistent with the ten-item subdivision
purpose statement listed in FWRC 18.05.020; and
(e) It is consistent with applicable development standards listed in the subdivision
code’s design criteria, required improvements, other applicable ordinances or
regulations of the city, and the Revised Code of Washington (RCW) 58.17.060
and 58.17.110.
3. State Environmental Policy Act (SEPA) – Pursuant to Washington Administrative Code (WAC)
197-11-800(6)(d), the short subdivision is determined to be SEPA exempt.
4. Public Comment & Notice – Pursuant to FWRC 18.30.080, a Notice of Application was prepared
and distributed in the Federal Way Mirror, the property was posted, the notice was posted on the
City’s website, and a copy was mailed to those property owners within 300 feet, as required by
City code.
The City received no comments on this short plat application.
5. These findings are based on a review of city documents and items submitted by the applicant and
received on December 14, 2023, and resubmittal received on February 11, 2024.
6. The proposal is consistent with ensuring that the health, safety, and welfare of the citizens of the
city is preserved.
7. The proposal meets all of the zoning standards as demonstrated by the Table contained in this
document and all subdivision design criteria.
8. Comprehensive Plan - The Federal Way Comprehensive Plan (FWCP) designation for the subject
property is Single Family – Medium Density Residential. The FWCP contains the following
goals and policies that support the proposal:
• LUG3 Preserve and protect Federal Way’s single-family neighborhoods.
• LUG3.1 Provide a wide range of housing densities and types in the single-family
designated areas.
9. Review Process – Pursuant to FWRC Chapter 18.30 “Short Subdivision Plats,” the proposed
short plat is subject to administrative review and decision rendered by the Director of Community
Development. The proposal has been reviewed by staff from the departments of Community
Development and Public Works, Lakehaven Water & Sewer, South King Fire, and Federal Way
Public School District. City staff used the following FWRC development regulations when
reviewing the short subdivision application: Title 16 “Surface Water Management”; Title 18
“Subdivisions”; and Title 19, “Zoning and Development Code.” The proposal meets the
decisional criteria found in this Chapter.
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10. Tacoma Smelter Plume – According to the Department of Ecology map checked in 2023, the
subject property is located in the Tacoma Smelter Plume detect area containing 20 ppm to 40 ppm
arsenic or lead.
A Soils Investigation Report was prepared by GeoResources, November 9, 2023, was submitted
to the Department of Ecology. GeoResources followed the recommended guidance in the
Department of Ecology’s Tacoma Smelter Plume Model Remedies Guidance. A total of 17 soils
samples were collected from 13 locations throughout the property. Ecology concluded that the
average soil concentrations were below the cleanup level of 20 milligrams per kilogram (mg/kg)
for arsenic and 240 mg/kg for lead. No samples exceeded the maximum allowable concentrations
for a single soil sample for arsenic or lead. Ecology does not recommend this property enter into
the Voluntary Cleanup Program. No soil remediation for the contamination associated with the
Tacoma Smelter Plume is needed for this site.
11. Critical Areas – The city’s critical areas inventory shows no environmentally critical areas on the
subject property.
12. Clearing & Grading – Grading of the site includes 290 cubic yards of cut and 160 cubic yards of
fill. Clearing/grading activities will also be reviewed for consistency with applicable standards
outlined in FWRC Chapter 19.120 as part of construction permitting.
13. Tree and Vegetation Retention/Replacement – Each development proposal must maintain a
minimum tree unit density composed of retained trees and/or replacement plantings per FWRC
19.120.130. Per FWRC 19.120.130(2), the single-family residential zones are required to
maintain a minimum of 25 tree units per acre. The total amount of tree units required for the short
subdivision is calculated by multiplying gross site acreage, minus any proposed public/private
street by the required tree density per FWRC 19.120.130(3). Per the short plat drawing, the gross
acreage of the site is 0.69 acres. The subject property requires 18 tree units (0.69 acres multiplied
by 25 tree units per acre). The applicant proposes to retain 13 tree units on site and provide five
(5) replacement tree units. Per the Civil Drawings, Sheet C – 3.0, the 5 required tree units (7
replacement trees) will be planted on Lot 2. See Attachment B for Civil Drawings. Final review
of the Tree Retention and Replacement plan will be conducted with the Engineering (EN) review.
A note must be added to the short plat drawing stating that at the time of the building permit
application, the site plan for Lot 2 must depict where the retained trees will be located per the
approved Tree Retention and Replacement Plan.
14. Open Space – Subdivision of five or fewer lots are not required to provide usable open space per
FWRC 19.55.060. Open space is not required for the 2-lot short plat.
16. Design Criteria – The proposed short subdivision satisfies applicable design standards pursuant to
FWRC Chapter 18.55, “Design Criteria,” including, but not limited to, land division design, lot
design, density, and open space, subject to conditions being met.
17. Lot Addresses – The city’s Building Department has assigned the following addresses to the
proposed lots. Prior to recording, addresses for each lot must be depicted on the short plat
drawing.
Lot 1 – 1225 SW 296th Street
Lot 2 – 29639 SW Marine View Drive
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18. School Access Analysis – A school access analysis is not required per correspondence with Jen
Thomas, Student and Demographic Forecaster, Federal Way Public Schools.
19. School Impact Fee - The project is subject to school impact fees pursuant to Chapter 19.95
FWRC. Per FWRC 19.95.050, school impact fees for single family development shall be assessed
and collected prior to building permit issuance, using the fee schedule then in effect. The current
2024 school impact fee is $0.
20. Parks Impact Fee – Parks impact fee (currently $2,200 per dwelling unit) is determined at the
earliest complete application for a development approval required for the development activity
(Short Plat Completeness was issued on January 10, 2024), using the impact fee schedule then in
effect, and shall be collected when each building permit is issued.
If the associated building permits are not issued within two (2) years of the earliest complete
application (January 10, 2026), the total amount of the impact fee shall be calculated and
collected at the time each building permit is issued. An applicant may submit a written request for
an extension of the two-year period for up to one (1) additional year, per FWRC 19.92.060(6).
21. Transportation Concurrency – As a component of the Short Plat application, projects undergo
transportation concurrency analysis according to the State’s Growth Management Act (GMA);
goals and policies of FWCP; and FWRC Chapter 19.90, “Transportation Concurrency
Management.” The City’s Traffic Division reviewed the concurrency application and determined
that all intersections impacted by one or more weekday evening peak hour trips will meet the
City’s Level of Service standards with programmed improvements. A Capacity Reserve
Certificate was issued on February 6, 2024, for development of two lot short plat. The number of
new vested PM peak hour vehicle trips generated by the project is 1.
22. Transportation Impact Fee – The applicant will be subject to the City’s transportation impact fee.
The fee will be calculated based on the fee schedule in effect at the time a complete building
permit application is submitted and must be paid before permit issuance, in accordance with
FWRC 19.100.070.
23. Access – The applicant has provided vehicular/pedestrian access and circulation consistent with
the goals and policies for transportation, as outlines in Chapter 3 of the FWCP. Lot 1 has direct
access to SW 296th Street. Lot 2 has access to SW Marine View Drive via a 20-foot ingress,
egress, and utilities easement.
Ingress/egress easement must be constructed per Dwg. No. 3-2CC from the City of Federal Way
Public Works standards and added to civil plans. Submitted civil plans shows Dwg. No. 3 -2BB.
24. Street Frontage Improvements – The applicant is required 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 (FWRC 19.135.040). Southwest 296th Street is classified as a Type “T” Local
Street, this roadway section requires a 28-foot paved roadway, with an 8-foot ditch, 5 foot-
sidewalks and 3-foot utility strip with street lights in a 60-foot Right-of-Way.
The Deputy Public Works Director issued a right-of-way modification (23-105934-SM) decision
that approved the modification request to waive the required frontage road improvements in SW
296th Street.
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25. Stormwater – The applicant is required to mitigate the impacts of stormwater runoff caused by
the development improvements, per the 2021 King County Surface Water Design Manual
(KCSWDM) and the City of Federal Way Addendum. The proposed flow control facility must
meet the requirements of the Conservation Flow Control criteria, and the Water Quality facilities
must meet the requirements of the Enhanced Basic Water Quality menu. Improvement plans must
be on NGVD 29 in accordance with FWRC 18.05.060 and Development Standard Section 2.1.5.
Review of final engineering plans and the Technical Information Report (TIR) will continue
under a sperate engineering application (EN).
Engineer submitted civil engineering plans for the flow control and it will be reviewed under the
EN Permit. Plans shows that NGVD-29 were used.
26. Stormwater System Development Charge (SDC) – Stormwater System Development Charge
(SDC) is based upon the amount of new impervious surfaces added for this development. The
SDC is expressed as an Equivalent Service Unit (ESU) 1 ESU = 3,200 square feet of impervious
surface added. The 2022 SDC is $1,038.00 per ESU. A five percent administration fee will be
added to the total SDC. All SDC fees are payable prior to Certificate of Occupancy.
Stormwater fees were added to this permit.
27. Water/Sewer – Lakehaven Water & Sewer District is the water and sewer service provider.
Lakehaven issued water & sewer Certificates of Availability for this site/project on June 23,
2023, and conditions/requirements indicated on those Certificates are un-changed and still valid.
Applicant will need to submit applications to Lakehaven for the proposed water and/or sewer
service connections.
28. South King Fire & Rescue – South King Fire & Rescue reviewed the proposal and has the
following comments, which are applicable at the time of building permit review/occupancy:
• Fire apparatus access roads shall comply with all requirements of Federal Way Revised Code
Title 13 - Chapter 13.31, and South King Fire Access Roads for Fire Apparatus Policy.
https://www.southkingfire.org/DocumentCenter/View/779/Access-Roads-for-Fire-
Apparatus?bidId=
• The proposed reduced width access driveway is greater than 150 ft., in length without an
approved turnaround. Hose reach to all exterior portions of the proposed building is over 150
ft., in length. Fire protection mitigation will be required.
• Fire apparatus access roads shall be installed and made serviceable prior to and during the
time of construction.
• All vehicle access gates shall comply with Gate Policy (if gates are installed)
Administrative Policies | South King Fire & Rescue, WA - Official Website
• New and existing buildings shall be provided with approved address identification. The
address identification shall be legible and placed in a position that is visible from the street or
road fronting the property in accordance with IFC Section 505.
• A Certificate of Water Availability including a hydraulic fire flow model shall be requested
from the water district and provided at the time of building permit application.
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• Fire hydrants shall not be more than 350 ft., from a building lot. All measurements shall be
made as vehicular travel distance. If fire sprinklers are installed, hydrant distance can increase
up to 600 ft., from the lot line. Fire hydrants shall be in service prior to and during the time of
construction.
• Automatic fire sprinkler system (NFPA 13D) will be required for (Lot-2) as a fire protection
mitigation due to the reduced width access driveway over 150 ft. in length without an
approved turnaround, and increased hose reach to all exterior portions of the proposed
building.
A note to this effect must be placed on the face of the short plat.
• Fire sprinkler determination will also be made upon building plans submittal and compared to
the available fire flow.
29. Engineering Requirements – Preliminary approval of the short plat does not constitute approval
for land clearing or grading, vegetation removal, or any other activities that otherwise require
permits from the city. Prior to construction of any improvements, the applicant must receive
engineering (EN) approval for site improvements. No permits or authorization to begin
construction or site work will be granted until final approval of all engineering plans, the payment
of all fees, and the submittal of performance securities, as may be required.
30. Recording – Upon completion and inspection of all applicable conditions, the applicant shall
submit final short plat drawings to the city. Pursuant to FWRC 18.30.300, all short plats shall be
recorded with the King County Recorder’s Office. Please submit to the Permit Center one signed
(by the owners) and notarized short plat drawing for the city to sign.
The applicant is responsible for recording the short plat at their expense. Please return one
conformed copy of the short plat to the Permit Center immediately after recording. No changes to
the short plat document are allowed following city signature. If the King County recording
process necessitates revisions to the short plat document, you must request and receive approval
of any changes from city staff prior to recording.
31. Approval Duration – Per FWRC 18.30.260, short subdivision approval shall expire five years
from the date of this decision. An approval decision shall constitute acceptance of short
subdivision layout and design and shall include all conditions, restrictions, and other requirements
required by the city as part of short subdivision approval. City approval of a short subdivision
shall not constitute approval for land clearing or grading, vegetation removal, or any other
activities which otherwise require permits from the city. Opportunities for time extensions are
available pursuant to criteria listed in FWRC 18.05.090.
IV. Conclusions
As conditioned, the proposed short plat application has been determined to be consistent with the FWCP;
with all applicable provisions of the FWRC; and with the public health, safety, and welfare; with all
design criteria listed in FWRC 18.05.020; and with all development standards listed in FWRC Chapter
18.55, FWRC 18.60.030 through 18.60.120, and with all other applicable ordinances or regulations of the
city, and the Revised Code of Washington (RCW) 58.17.060 and 58.17.110.
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1. Conditions – The following conditions are reasonably necessary to eliminate or minimize any
undesirable effects of granting the application.
a. The following conditions are hereby incorporated as part of the short subdivision
decision. Unless otherwise permitted in FWRC 18.30.280, all the following
conditions shall be met prior to plat recording:
1. The applicant must obtain engineering (EN) permit approval and authorization to
proceed from the Public Works Department prior to construction of plat
infrastructure.
2. Prior to plat recording, a note must be added to the short plat drawing stating that
at the time of the building permit application, the site plan for Lot 2 must depict
where the retained trees will be located per the approved Tree Retention and
Replacement Plan.
3. Prior to plat recording, addresses for each lot must be depicted on the short plat
document.
4. Prior to plat recording, a note must be added to the short plat drawing stating that
automatic fire sprinkler system (NFPA 13D) is required for any new residence
built on Lot 2; this will be verified at the time of the building permit submittal.
5. The applicant is required to pay a transportation impact fee (TIF) for each lot.
The fee will be assessed and collected from the applicant when the building
permit is issued, using the fee schedule then in effect.
6. The applicant is required to pay a school impact fee for each lot. The fee will be
assessed and collected from the applicant when the building permit is issued,
using the fee schedule then in effect.
7. The applicant is required to pay a parks impact fee for each lot. The fee will be
assessed at the earliest complete application for a development approval required
for the development activity and collected from the applicant when the building
permit is issued.
V. Decision
Based upon the application materials and submitted plans, Attachments A, and the information
contained in this Staff Report and Decision dated February 21, 2024, the Community Development
Director approves the request.
VI. Signature
This decision does not waive compliance with future City of Federal Way codes, policies, and
standards relating to this development. If you have any questions regarding this decision, please
contact me at 253-835-2641 or becky.chapin@cityoffederalway.com.
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Sincerely,
_________________________________
Becky Chapin, Senior Planner
Appeals
Pursuant to FWRC 18.30.140, any person who is mailed a copy of this decision may appeal the
decision within 14 calendar days of the date of issuance. The decision may be appealed in the form of
a letter delivered to the Community Development Department by 5:00 p.m., March 4, 2024, at the
following address: 33325 8th Avenue South, Federal Way, WA 98003. An appeal letter must contain
a clear reference to the matter being appealed, along with a copy of the decision. A statement of the
alleged errors in the decision and required appeal fee must be included. Any additional requirements
of FWRC 18.30.140 must be followed.
Request for Change in Valuation
Per FWRC 18.30.110(4)(i), any affected property owners may request a change in valuation for
property tax purposes, notwithstanding any program of revaluation.
VII. Attachments
A. Preliminary Short Plat
B. Preliminary Civil Drawings
Distribution List:
Samir Basmeh, Development Services Reviewer
Kathy Davis, Senior Traffic Engineer
Brian Asbury, Lakehaven Water & Sewer District
Scott Gerard, South King Fire
King County Assessor, assessor.info@kingcounty.gov
Emi Ohashi, Property Owner, emi@mdgllc.net
Mazen Haidar, PE, Pacific Land Engineering, mazen@pacificlandwa.com