1 Staff Report for The Woodlands at Redondo Creek
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT TO THE
FEDERAL WAY HEARING EXAMINER
The Woodlands at Redondo Creek Preliminary Plat
Federal Way Files: 19-105072-00-SU, 19-105073-00-SE, & 19-105074-00-UP
PUBLIC HEARING
Wednesday, October 7, 2020, 9:00am
Zoom Virtual/Telephonic Meeting
Link: https://cityoffederalway.zoom.us/j/93517983995?pwd=NWVIZU5pSHAvR20xVXVLdlNvL3RPdz09
Phone: (888) 788-0099 or (253) 215-8782
Meeting ID: 935 1798 3995 and Meeting Password: 425361
Table of Contents
I. Project Information ............................................................................................................................................... 2
II. Consulted Departments and Agencies ............................................................................................................... 3
III. State Environmental Policy Act (SEPA) ............................................................................................................ 4
IV. Natural Environment ............................................................................................................................................ 4
V. Neighborhood Characteristics ............................................................................................................................. 7
VI. Preliminary Plat Design ........................................................................................................................................ 8
VII. Transportation ...................................................................................................................................................... 10
VIII. Public Services ...................................................................................................................................................... 11
IX. Utilities ................................................................................................................................................................... 12
X. Analysis of Preliminary Plat Decisional Criteria ............................................................................................. 12
XI. Findings of Fact ................................................................................................................................................... 13
XII. Recommendations ............................................................................................................................................... 17
XIII. List of Exhibits ..................................................................................................................................................... 18
Staff Contact: Senior Planner Becky Chapin
253.835.2641 / becky.chapin@cityoffederalway.com
Report Date: September 30, 2020
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The Woodlands at Redondo Creek Preliminary Plat File No. 19-105072/Doc. I.D. 80628
File No: 19-105072-00-SU, 19-105073-00-SE, & 19-105074-00-UP
Agent: John Everett/Savanna Nagorski
ESM Consulting Engineers, LLC
33400 8th Avenue South, Suite 205
Federal Way, WA 98003
(253) 838-6113 / john.everett@esmcivil.com
Owner: Dmitriy Mayzlin
RMJ Holdings, LLC
9675 SE 36th Street, Suite 105
Mercer Island, WA 98040
(206) 588-1147 / dmitriy@americanclassichomes.com
Parcel Nos.: 042104-9012 and 042104-9221
Action
Requested: The applicant is seeking preliminary plat approval of a 67-lot subdivision of two existing
lots pursuant to Federal Way Revised Code (FWRC) Title 18, “Subdivisions” (FWRC
Chapter 18.35, “Preliminary Plat”).
Relevant Dates: Preliminary Plat Application Filed: October 23, 2019
Application Determined Complete: November 14, 2019
Notice of Application Published: November 29, 2019
EPA Determination Issued: July 3, 2020
Staff
Representative: Senior Planner Becky Chapin, 253-835-2641, becky.chapin@cityoffederalway.com
Staff
Recommendation: Preliminary Plat Approval with Conditions
I. PROJECT INFORMATION
A. Decision Requested
Buffer Averaging – Request for wetland buffer averaging, pursuant to FWRC 19.145.440(5), the city reviews
and decides upon buffer averaging using Process III, Project Approval. The Director of Community
Development makes a written decision on the application based on criteria listed under FWRC
19.145.440(5)(a-d) and 19.65.100.
Preliminary Plat Approval – The preliminary plat application is subject to a public hearing by the Hearing
Examiner. After considering all of the information and comments submitted on the matter, the Hearing
Examiner shall issue a written decision no later than 10 working days following conclusion of all testimony
and hearings. The decision shall include necessary conditions, restrictions, and content requirements listed
in FWRC 18.35.170(5). The Department of Community Development is responsible for distributing
copies of the decision per FWRC 19.35.190(2). An analysis of the applicable preliminary plat decisional
criteria, findings, and recommendations is provided under Sections X, XI, and XII of this report.
Optional Consolidated Permit Process – Pursuant to FWRC 19.15.060, where more than one application is
required for a given project, all applications required for the project may be submitted for review at one
time. Where more than one application is submitted for a given development, and those applications are
subject to different levels of processes, then all of the applications shall be subject to the highest level of
process that applies to any of the individual applications and procedures.
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B. Description of the Project, Property, and Vicinity
Description of the Proposed Subdivision – The applicant proposes to subdivide an approximate 21.85-acre
parcel of land into 67 single-family residential lots (Exhibit 1). The following plans were submitted with
the application (Exhibits 3-11):
· Existing Conditions Plan by ESM Consulting Engineers, LLC, April 1, 2020, sheet PP-02;
· Preliminary Site Plan by ESM Consulting Engineers, LLC, April 1, 2020, sheet PP-03;
· Preliminary Grading Plan by ESM Consulting Engineers, LLC, April 1, 2020, sheet PP-04;
· Preliminary Utility Plan by ESM Consulting Engineers, LLC, April 1, 2020, sheet PP-05;
· Preliminary Channelization Plan by ESM Consulting Engineers, LLC, April 1, 2020, sheet PP-06;
· Details & Notes by ESM Consulting Engineers, LLC, April 1, 2020, sheet PP-07;
· Overall Landscape Plan by Lyon Landscape Architects, March 27, 2020, sheet L1.0;
· Landscape Plan by Lyon Landscape Architects, March 27, 2020, sheets L1.1-L1.7;
· Critical Area Mitigation Plan by Sewall Wetland Consulting, Inc., July 1, 2020, sheets 1-2.
Property Description – The vacant 21.85-acre site is northwest of the intersection of South 304th Street and
20th Avenue South, a portion of the property is adjacent to Pacific Highway South (Exhibit 2). The site is
accessed from 20th Avenue South.
Zoning/Comprehensive Plan Designation and Density – The subject property has three different zoning
designations. Parcel 042104-9012 has split zoning, a portion is zoned Single-Family Residential (RS 5.0)
and has a comprehensive plan designation of Single-Family, High Density, and a portion is zoned
Multifamily Residential (RM1800) and has a comprehensive plan designation of Multi-Family. Parcel
042104-9221 is zoned Single-Family Residential (RS7.2) and has a comprehensive plan designation of
Single-Family, High Density. Lots in both the RS 5.0 and RM 1800 zone must meet the minimum lot size
of 5,000 square feet. Lots in the RS7.2 zone must meet the minimum lot size of 7,200 square feet
(Exhibits 12a-b, Zoning and Comprehensive Plan Maps).
As shown on the preliminary site plan, sheet PP-03 (Exhibit 4), all lots in the plat meet or exceed the
underlying code-required minimum lot size of 5,000 square feet. The parcel that is zoned RS7.2 is
designated at Tract “F,” for usable open space and right-of-way.
Shoreline – The wetland present on the property and is considered an “associated wetland” of Steel Lake
due to its hydrologic connection via a seasonal stream that flows under South 304th Street to the lake.
Pursuant to FWRC 15.05.020, Steel Lake is considered a shoreline of the state, with a designation as
Shoreline Residential. The shoreline jurisdiction ends at the edge of the associated wetland. No
development and/or impacts to the shoreline are proposed with this subdivision.
Critical Areas – The subject site contains a regulated wetland, stream, and Geologically Hazardous Area
(GHA). Buffer averaging is being proposed for the wetland buffer in accordance with FWRC
19.145.440(5). No impacts to the wetland or stream/stream buffer are proposed. A geotechnical report,
prepared by Earth Solutions (Exhibit 26,) was submitted to address impacts to the GHA.
II. CONSULTED DEPARTMENTS AND AGENCIES
The following departments, agencies, and individuals were advised of this application.
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A. The City of Federal Way Development Review Committee (DRC), consisting of the Federal Way
Community Development Planning and Building Divisions; Public Works Engineering and Traffic
Divisions; Parks Department; South King Fire & Rescue; Lakehaven Water & Sewer District; King
County Metro, and Federal Way Public Schools. DRC comments have been incorporated into this report
where applicable.
B. All property owners within 300 feet of the site were mailed notices of the application. The site was also
posted and notice published in the newspaper and on the City’s official notice boards. A total of eleven
(11) comment letters were provided to the city in response to the Notice of Application and SEPA
determination. (Exhibits 13a - k). The applicant provided written responses to address the comments
(Exhibit 13l - m).
C. In accordance with the State Environmental Policy Act (SEPA) and FWRC Title 14, “Environmental Policy,”
all property owners within 300 feet of the site, and all affected agencies, were notified of the proposed
action and the city’s environmental decision. In addition, the site was posted and notice placed in the
newspaper. Due to Governor Inslee’s Safe Start Reopening Plan, the city’s official notice board locations,
City Hall lobby, and public libraries, have been closed to the public. As such, the applicant provided the
city authorization to proceed with notice of the Determination of Nonsignificance (DNS). Due to
inability to post at the libraries and City Hall, the city took additional steps to increase the visibility of the
public notice on the city’s website (Exhibit 14).
III. STATE ENVIRONMENTAL POLICY ACT (SEPA)
A. The City of Federal Way issued an Environmental Determination of Nonsignificance (DNS) for the proposed
action on July 3. 2020 (Exhibit 15). This determination was based on review of information in the project
file, including the environmental checklist (Exhibits 16), resulting in the conclusion that the proposal
would not result in probable significant adverse impacts on the environment. The DNS was published in
Federal Way Mirror on July 3, 2020.
B. The comment period for the DNS concluded on July 17, 2020. The city received a total of 11 written
comments letters in response to the earlier Notice of Application and SEPA determination. The SEPA
appeal period ended on August 7, 2020, with no appeals to the city’s environmental decision; no changes
or corrections were made to the city’s initial environmental determination. The environmental decision is
incorporated as though set forth in full.
IV. NATURAL ENVIRONMENT
A. Topography, Slopes – The site is bordered on the north by single-family residences, to the east by single-
family residences and 20th Avenue South, to the south by South 304th Street, and to the west by a wetland
buffer area and Pacific Highway South. The site topography is characterized by a moderate westward
facing slope spanning the property that descends to a natural stream area. The slope grade reaches
approximately 15 percent, or slightly greater, near the wetland buffer where the stream is located.
B. Soils – The site is mapped as a mix of Alderwood and Arents soils of varying slopes, and Seattle muck on
the southwest portion of the site. Alderwood soils are moderately well drained soils formed in glacial till
and Arents are Alderwood soils that have been generally disturbed through urbanization. Seattle muck soils
are very poorly drained organic soils formed under sedges and are considered “hydric” or wetland soils.
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The subject property is located in the Tacoma Smelter Plume detect area containing 20.1 ppm to 40.0
ppm arsenic and lead concentration. An analysis of potential contaminations was prepared by ECI
Environmental Services, Arsenic and Lead Soils Assessment, July 17, 2019 (Exhibit 17), the results of the
analysis indicate that the average concentrations for lead and arsenic are below the concentration
indicated by Ecology that would trigger a cleanup action, with one exception. One sample was found to
be above the maximum allowed concentration for arsenic, which triggers a cleanup in that area of the
property. Soil remediation measures are incorporated into site development and completed per Ecology
voluntary cleanup protocols and requirements.
C. Tree and Vegetation Retention– Approval of the preliminary plat is subject to submittal and approval of a
tree and vegetation retention plan pursuant to FWRC 19.120.020. City policy and FWRC 19.120.130(1)
state that existing trees and vegetation that are in good health and not considered to be an invasive
species, shall be retained on the subject property to the maximum extent possible. The applicant is
required to retain 25 tree units per acre in accordance with FWRC 19.120.130. Trees located within any
proposed public or private streets and regulated critical area are not included in the gross site acreage. As
such, the applicant is required to maintain 446 tree units (17.82 net acres x 25 tree unit) for this site.
The site is currently covered with moderate to heavy forest and undergrowth. The overstory throughout
the site is Douglas fir, western hemlock, and small red alder. The understory generally consists of a mix
of dense salal with red huckleberry, cascara, salmonberry, and Himalayan blackberry.
According to the Tree Conservation Plan prepared by Washington Forestry Consultants, Inc., March 20,
2020 (Exhibit 18) and the Landscape Plan prepared by Lyon Landscape Architects, Sheet L1.5 (Exhibit 10),
there is a total of 512 tree units, with existing and replacement trees, exceeding the requirement.
The Preliminary Grading Plan identifies removal of trees and other vegetation in areas of development
including: installation of streets, storm drainage facilities, and utility areas on all of the individual lot areas.
As discussed in section VI.E, Grading, below, city staff will review the proposed clearing and grading of
the site during engineering review, as well as review of tree replacement and additional planting
requirements for wetland buffer averaging; street trees installed in the right-of-way behind the curbs; and
vegetative buffering planted along Pacific Highway South in accordance with FWRC standards.
D. Environmentally Critical Areas – The applicant’s wetland biologist, Sewall Wetland Consulting, Inc, working
in conjunction with the city’s wetland biologist consultant, Environmental Science Associates (ESA),
identified one on-site wetland and stream. In addition, the site is mapped as a Geologically Hazardous
Area (GHA). Intrusions into critical areas are subject to the provisions FWRC Chapter 19.145,
“Environmentally Critical Areas.”
The on-site wetland has been rated at a Category II wetland with six habitat points requiring a 150-foot
buffer. The on-site stream has been rated as a non-fish bearing, minor stream Type Ns due to seasonal
flow and requires a 35-foot buffer. The project avoids intrusion into the stream buffer. Impacts to the
GHA will be discussed in section VI.E, Grading, below.
Wetland Buffer Averaging – The applicant has proposed intrusions within an identified Category II wetland
buffer. As proposed, the project includes careful site planning in order to avoid direct impacts to all on-
site critical areas; however, due to the site constraints some impacts to the wetland buffer are necessary to
allow reasonable development of the subject property. To develop the site, the applicant proposes
wetland buffer averaging.
Buffer averaging is proposed due to slope and grading activities in conjunction with roadway
infrastructure construction and lot development. Wetland reports and subsequent letters prepared by
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Sewall Wetland Consulting, Inc., provide relevant information about the wetland and associated wetland
buffer; wetland function and value; development impacts; proposed mitigation; construction
management; monitoring; maintenance; and contingency for the impacted area.
The city’s wetland consultant, ESA, peer reviewed the above-mentioned report. ESA prepared a technical
memorandum on February 7, 2020, and emailed recommendations on June 16, 2020 (Exhibit 20a-b),
which included deficiencies and required the applicant to address several comments. Sewall Wetland
Consulting, Inc., submitted a revised memo on April 9, 2020, and a July 1, 2020, revised Critical Area
Mitigation Plan (Exhibit 19a-b). The applicant has addressed all relevant comments. The site has been
designed to minimize adversely impacting the onsite wetland, stream, and associated buffers.
The minor encroachment would be 18,674 square feet in size and would reduce the buffer in that area to
a minimum of 112.5 feet, which is 75 percent of the standard 150-foot buffer. ESA concurs with the
mapped wetland boundary and rating.
Pursuant to FWRC 19.145.440(5), “Buffer Averaging,” the proposed wetland buffer averaging request,
meets intrusion criteria in FWRC 19.145.440(5), as analyzed below:
a) The total area of the buffer after averaging is equal to the area required without averaging;
Staff Response: The buffer will be reduced by 18,674 square feet on the northern side, near the
upstream portion of the wetland to accommodate grading and retaining walls for the proposed
development. The amount of buffer area to be added as compensation is 19,188 square feet to the
northern side further downstream, exceeding the 1:1 ratio. As a result, the total area of the buffer
after averaging is equal to the area required without averaging.
b) The buffer is increased adjacent to the higher functioning area of habitat, or more sensitive
portion of the wetland, and decreased adjacent to the lower functioning or less sensitive portion;
Staff Response: The area proposed to be reduced has been impacted by transient use. The area
proposed to be added is mature forest with some transient impacts but generally less than that in the
reduction area. In addition, enhancement of the buffer addition area is proposed where needed as a
result of a transient camp to include removal of trash and debris and replanting with native
vegetation is proposed. As a result, the buffer is increased adjacent to higher functioning area of
habitat and decreased adjacent to the lower functioning area.
c) The buffer at its narrowest point is not reduced to less than 75 percent of the required width; and
Staff Response: The buffer is reduced to 112.5 feet, which is 75 percent of the standard buffer of 150
feet. Therefore, the buffer at its narrowest point is not reduced to less than 75 percent of the
required width.
d) Unless authorized in writing by a consenting neighboring property owner, the averaging will
remain on the subject property.
Staff Response: The proposed buffer averaged area will be wholly contained within the subject property.
During the SEPA public comment period, staff received a comment letter from the Department of
Ecology (Exhibit 13k). Per Ecology’s letter, the buffer enhancement/restoration activity does not extend
in the graded area adjacent to the retaining walls which requires the buffer reduction. In order to stabilize
this area, Ecology recommends the graded area adjacent to the proposed retaining wall be stabilized and
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replanted with native shrubs and trees to help preserve the functionality of the remaining intact wetland
buffer. The city concurs with this recommendation and will require the replanting be depicted on any
plans submitted during engineering review as a condition of approval.
Public Improvement Partial Exemption – The city-required widening of South 304th Street will result in some
wetland buffer impact. According to the Critical Area Mitigation Plan (Sheet 1) a nine-foot dedication of
right-of-way north of South 304th Street is proposed. According to the Sewall report, this portion of the
buffer is substantially modified by existing stormwater infrastructure, transient use, and fill. Pursuant to
FWRC 19.145.120(1), “Partial Exemptions,” the director may permit the placement of an essential public
facility, utility, or other public improvements in a critical area if no practical alternative with less impact
on the critical area(s) exists. Under this exemption, the city still requires mitigation for any impacts to
critical areas.
The buffer area along South 304th Street will be reduced by 2,534 square feet. Enhancement of 2,589
square feet along the roadway is proposed, as well as 5,924 square feet of buffer that is currently being
used as a pathway for transients on site. ESA agrees with the buffer enhancement/restoration in the
existing buffer along South 304th Street, staff concurs.
E. Cultural Resources – The applicant submitted a Cultural Resource Assessment prepared by Columbia
Geotechnical Associates, Inc, June 20, 2019 (Exhibit 21). Per the assessment, King County and the State of
Washington Department of Archaeology and Historic Preservation (DAHP; RCW27.53) stipulate that
cultural resource investigations must be completed prior to the granting of any permits related to ground
disturbance due to the potential for cultural resources to exist in the project area. Based on the results of
the assessment, the chance of impacting cultural resources as a result of any ground disturbing activity is
effectively zero. No further consideration of cultural resources at the project location is required. If
ground disturbing or other construction activities result in the inadvertent discovery of buried archaeology,
the development work should cease, and immediate contact should be made with the appropriate Tribal
contacts, as well as the Department of Archaeology and Historic Preservation.
F. Drainage – The subject property is within the Lower Puget Sound drainage basin. The preliminary technical
information report (Exhibit 22) identifies a single threshold discharge area that discharges to an unnamed
stream onsite. This stream comprises most of the downstream study area, eventually discharging through a
pipe into Redondo Creek. Downstream reconnaissance conducted by ESM found no drainage issues that
would require mitigation greater than the detention and water quality requirements prescribed in the 2016
King County Surface Water Design Manual (KCSWDM).
V. NEIGHBORHOOD CHARACTERISTICS
A. Vicinity – The property is situated in the northern portion of the city, northwest of the intersection
between South 304th Street and 20th Avenue South, with a portion of the property adjacent to Pacific
Highway South. The subject property is vacant and is surrounded by a variety of land uses, including a
Lakehaven Water & Sewer District water tower, single-family residences, and Pacific Highway South.
Direction Zoning Comprehensive Plan Existing Land Use
Site
Multi-Family Residential
(RM1800), Single Family
Residential (RS5.0) &
(RS7.2)
Multi-Family
Single Family, High Density Vacant
North
Community Business (BC)/
Single Family Residential
(RS7.2)
Community Business
Single Family, High Density
Day Care, Water Tower,
Single Family Dwellings
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Direction Zoning Comprehensive Plan Existing Land Use
South Single Family Residential
(RS5.0) Single Family, High Density Single Family Dwelling
Vacant
East Single Family Residential
(RS7.2) Single Family, High Density Single Family Dwellings
West Community Business (BC) Community Business Office Building
Vacant
VI. PRELIMINARY PLAT DESIGN
A. Lot Layout, Building Setbacks – The Woodlands at Redondo Creek subdivision is a single-family residential
subdivision with public right-of-way dedications, open space, stormwater pond, and associated
infrastructure. The proposed 67 lots range in size from 5,081 square feet to 9,727 square feet. Generally,
most of the proposed lots are rectangular-shaped; and several of the lots are flag/panhandle lots. Per
FWRC 19.200.010, each lot must provide a minimum front yard structural setback of 20 feet, a side and
rear yard structural setback of five feet. Side yard setbacks for corner lots are increased to 10 feet for those
yards adjacent to rights-of-way that are not considered the property’s primary vehicular access. Setbacks
for flag lots are depicted under the definition of “property line,” FWRC 19.05.160, P definitions. For the
purposes of preliminary plat review, the building setback lines (BSBL) are depicted on the preliminary plat
map, and each lot contains an adequate building area as required under the FWRC.
B. Open Space – To provide adequate recreational opportunities commensurate with new residential
development, FWRC Chapter 18.55, “Design Criteria,” requires dedication of land on site for open
space, or a fee in lieu payment. Per FWRC 18.55.060, a minimum of 15 percent of the gross land area
shall be provided as open space, with a minimum 10 percent gross area as usable open space. Therefore,
the total open space required for this plat is 142,753 square feet (15 percent of the 21.85-acre parcel). The
total usable open space required for this plat is 95,168 square feet (10 percent of the 21.85-arce parcel).
To comply with the open space requirements, the applicant has proposed several open space areas on site
as follows:
Open Space Category Tracts % of Gross Land Area Size
Usable E, F, I 2.8% 27,072 SF / 0.62 AC
Conservation A, D 25.1% 238,433 SF / 5.47 AC
Buffer H 0.7% 6,590 SF / 0.15 AC
Constrained B, G 3.6% 34,170 SF / 0.78 AC
Total 32.2% 306,625 SF / 7.04 AC
Usable open spaces provided in Tract E contain a larger play field and equipment, Tract F provides a
picnic table and play area, and Tract I offers landscaping/visual amenities. The total 27,072 square feet of
proposed usable open space in Tracts E, F, and I do not meet the minimum required amount of 95,168
square feet, or 10 percent useable.
The applicant has requested that the remaining 68,096 square feet of usable open space, or 7.16 percent,
be provided as a fee-in-lieu of open space. In the absence of an accurate assessed value through the King
County Assessor, an April 6, 2020, Appraisal Report prepared by CBRE Group, Inc. (Exhibit 23) has been
prepared. The Parks Director has approved (Exhibit 24) the fee-in-lieu of onsite open space that will be
assessed and due at final plat approval.
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Buffer open space is proposed in Tract H, the required landscape buffer along Pacific Highway South.
Conservation open space is proposed for the wetland, stream, buffers and steep slope areas. Constrained
open space is proposed for Tracts B and G, as those areas have access issues due to the slope. Pursuant
to FWRC 19.55.060(3), buffer, conservation, and constrained open space areas can only account for a
total of five percent of the total open space requirement, which buffer and conservation have a maximum
of two percent each of the total open space.
The applicant has requested that the remaining 68,096 square feet of usable open space, or 7.16 percent,
be provided as a fee-in-lieu of open space. In the absence of an accurate assessed value through the King
County Assessor, an April 6, 2020, Appraisal Report prepared by CBRE Group, Inc. (Exhibit 23) has
been prepared. The Parks Director has approved (Exhibit 24) the fee-in-lieu of onsite open space that will
be assessed and due at final plat approval. The applicant must provide a voluntary agreement letter
authorizing the city to use the open space fee-in-lieu in any of the Parks Planning Areas the city per
FWRC 18.55.060(2). This requirement will be added as a condition of approval of the preliminary plat.
Each of the open space tracts will be owned and maintained by the homeowners’ association. The final plat
shall make provisions for ownership and maintenance of each tract. Limitations on use and development of
the conservation tracts shall be provided on the final plat.
C. Clearing, Grading – Pursuant to FWRC 19.120.080, the preliminary plat is subject to approved preliminary
clearing and grading plans, and should minimize removal of existing trees and minimize the disturbance
or compaction of native soils, except as needed for building purposes, as shown on approved engineering
plans. The applicant has proposed to clear and grade all of the 67 lots at the time of construction of the
infrastructure. The proposed clearing and grading plan includes clearing areas for roadways, a storm
drainage facility, and utilities.
The applicant will clear and grade 72 percent of the site, leaving approximately 28 percent of the project
site undisturbed, and will provide mitigation and enhancement per the Critical Areas Report (Exhibit 19).
The proposed clearing and grading plans also include details of a retaining wall, which is subject to
FWRC 19.120.120. The proposed wall do not exceed the maximum allowed six-foot height when
measured internal to the proposed lots. However, due to site grades, the height of the wall near the
eastern edge of the wetland buffer with in Tract B (outside lots 47-51), is approximately 14 feet. Details
are provided in the March 4, 2020, Wall Profile Exhibit, prepared by ESM (Exhibit 25).
The walls will be developed according to the recommendations provided in the geotechnical report
prepared by Earth Solutions (Exhibit 26). The retaining wall that exceeds the height faces the wetland
buffer, and trees will be placed along the right-of-way to provide additional screening. Fencing in the rear
of the lots, and adjacent to the wall, will provide safety measures for the residence.
As noted above, during the SEPA public comment period, staff received a comment letter from the
Department of Ecology (Exhibit 13g). Ecology recommends the graded area adjacent to the proposed
retaining wall be stabilized and replanted with native shrubs and trees to help preserve the functionality
of the remaining intact wetland buffer.
The applicant provided a request for modification to FWRC Chapter 19.120 (Exhibit 27), which identified
that clearing and grading of the lots at the time of the infrastructure is vital to the project. The increase in
height for the retaining wall is requested in an effort to reduce the impacts to the onsite wetland buffer
impacts. The applicant cites existing critical area constrains and site grades as factors to support the
modification to the clearing and grading plan.
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A Class IV - General Forest Practices Application (Exhibit 32), was submitted to the city with the
preliminary plat application since more than 5,000 board feet of merchantable timber is harvested from
the property pursuant to FWRC Article IV, Forest Practices Regulations. This is approximately equal to
one log truck of timber. The Forest Practices Application will be reviewed in conjunction with the clearing
and grading plan during engineering review. Once approved, a copy of the forest practices application will
be routed to the Washington State Department of Revenue (DOR), as forest practices are subject to forest
excise tax at the time of harvest.
At time of civil construction, the city will review the grading and clearing request pursuant to FWRC
19.120.060 in conjunction with engineering review and subject to conditions of preliminary plat approval.
D. Landscaping – The applicant’s preliminary landscape plan (Exhibit 10) provides landscaping as required by
the FWRC Title 18, “Subdivisions,” including street trees along public roads. FWRC 18.60.030, “Buffers,”
requires a ten-foot-wide Type III landscape buffer to shield new residences from arterial streets, which
applies to the project frontage along Pacific Highway South. There is a significant grade change along the
Pacific Highway South frontage, and the existing vegetation meets this requirement. The ten-foot arterial
buffer landscaping must be provided in a separate tract (Tract H), to be owned and maintained by the
homeowners’ association, prior to final plat approval.
VII. TRANSPORTATION
A. In order to service the 68 new pm peak hour vehicle trips generated by the residential subdivision, road
improvements and mitigation will be required. The following summarizes the internal road improvements,
off-site improvements, concurrency results, and the transportation impact fee obligation.
Two vehicular access points to the site will be provided via the extension of 20th Avenue South from
South 304th Street and internal Road A to 20th Avenue South. Off-site improvements will be required on
the adjacent Lakehaven Water & Sewer District property to create the second access point, which is
required because the subdivision exceeds 25 lots. South 304th Street will be improved as well along the
property frontage.
As required by FWRC 19.135, all rights-of-way must be dedicated to the city and constructed per adopted
street standards. As shown on the preliminary grading and utilities plan, internal streets are designed in
accordance with Federal Way Comprehensive Plan roadway cross sections “U” and “W.” Roads A and C will
be constructed as a Type “U” cross section with 32 feet of pavement, 4-foot planter strip, 5-foot
sidewalk, and 3-foot utility strip, all within a 56-foot right-of-way. Road B will be constructed as a Type
“W” cross section with 28 feet of pavement, 4-foot planter strip, 5-foot sidewalk, and 3-foot utility strip,
all within a 52-foot right-of-way.
Within the off-site extension of Road A, the Type “U” cross section will be modified to 24 feet of
pavement, 4-foot planter strip, 5-foot sidewalk, and 3-foot utility strip, all within a 40-foot right-of-way.
Along the property’s east frontage, 20th Avenue South will be constructed as a Type “U” cross section,
with half-street improvements consisting of 16 feet of pavement, 4-foot planter strip, 5-foot sidewalk,
and 3-foot utility strip, all within a 56-foot right-of-way. Along the property’s south frontage, South 304th
Street will be constructed as a Type “K” cross section with half-street improvements consisting of 22 feet
of pavement, 4-foot planter strip, 5-foot sidewalk, and 3-foot utility strip, all within a 56-foot right-of-
way. The applicant will dedicate 30 feet of frontage along 20th Avenue South and 9 feet of frontage along
South 304th Street.
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Lakehaven Water & Sewer District has agreed to dedicate a 40-foot right-of-way across its northerly
property line to accommodate the second access to 20th Avenue South. In order to obtain preliminary
approval, the city shall be provided a letter of intent from the Lakehaven Water & Sewer District. At the
time of this staff report, Lakehaven is drafting the letter of intent. Prior to engineering review approval,
the applicant will be required to submit a signed agreement from Lakehaven that a 40-foot strip along the
north property line of parcel 042104 9168 will be dedicated to the City of Federal Way for right-of-way
purposes. At the time of final plat approval, a statutory warranty deed for the 40-foot strip must be
signed to be recorded along with the final plat.
To comply with the city’s traffic concurrency regulations, the City Traffic Engineer conducted a
concurrency test to determine if the new trips generated by the subdivision would result in failures to the
city’s level of service. The test concluded that no failures were anticipated and a Certificate of Reserve
Capacity was issued on March 16, 2020 (Exhibit 28).
The applicant is subject to the city’s transportation impact fee (TIF) that will be assessed and collected by
the applicant when the building permit is issued for each lot, using the fee schedule then in effect, this is
made a conditional of preliminary plat approval. At the applicant’s discretion, the impact fee payment
may be deferred to final building inspection for each individual house per standards set forth in FWRC
19.100.075.
VIII. PUBLIC SERVICES
A. Schools – Wildwood Elementary, Sacajawea Middle School, and Federal Way High School will serve the
proposed subdivision. The applicant provided a school access analysis with the preliminary plat
application (Exhibit 29). A copy of the analysis was forwarded to Federal Way Public Schools by the city.
All elementary and middle school students from this development will receive bus transportation to and
from school, as these schools are over one mile from the subject site. The applicant will be working with
the school district to establish the bus stop locations. Students attending Federal Way High School are
within walking distance.
School service areas are reviewed annually and may be adjusted to accommodate enrollment growth and
new development. Federal Way Public Schools has indicated school impact fees, as authorized by city
ordinance, provide mitigation for the students of this development and could add to district facilities.
School impact fees are determined on the basis of the district’s Capital Facilities Plan and are subject to
annual adjustment and update and are due at the time of the building permit issuance for the new
dwelling units. At the applicant’s discretion, the school impact fee payment may be deferred to final
building inspection for each individual house per standards set forth in FWRC 19.100.075.
B. Parks & Open Space – The subject site is located within the vicinity of three open space and recreation
facilities. Steel Lake Park is approximately 1.25 miles from the site, Sacajawea Park is approximately 0.5
miles, and Wildwood Park is approximately 0.3 miles. The proposed plat provides a variety of usable,
constrained, and buffer open spaces on site. The proposed open space plan and the proposed fee-in-lieu
of open space, meets the open space minimum requirements in FWRC 18.55.060, for the purposes of
preliminary plat review.
C. Fire Protection – South King Fire & Rescue requires two fire hydrants be provided for this project in
approved locations. Hydrant spacing along access roads and locations will be approved by the Fire
Marshal’s Office. Fire hydrants shall be in service prior to and during the time of construction.
Requirements for an NFPA 13D fire sprinkler system if any, will be determined at time of building
permit submittal.
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IX. UTILITIES
A. Sewage Disposal – The applicant proposes to serve the proposed plat by a public sewer system managed by
the Lakehaven Water & Sewer District. A May 8, 2019, Certificate of Sewer Availability (Exhibit 30) indicates
the district’s capacity to serve the proposed development through a Developer Extension Agreement (DEA)
between the applicant and the district.
B. Water Supply – The applicant proposes to serve the subdivision with a public water supply and distribution
system managed by the Lakehaven Water & Sewer District. The May 8, 2019, Water Availability Letter
(Exhibit 31) indicates Lakehaven’s capacity to serve the proposed development through a Developer
Extension Agreement (DEA).
C. Drainage Facilities – Development of the site will create additional runoff from new impervious surfaces
such as streets, driveways, and rooftops. Storm drainage facilities are being designed in accordance with
the 2016 KCSWDM and the city’s amendments to the manual. The applicant’s preliminary Technical
Information Report (Exhibit 22), provides analysis of needed stormwater facilities for the subject
property’s Conservation Flow Control and Basic Water Quality Area designations. The water quality
requirement was reduced from Enhanced Basic to Basic as allowed by the KCSWDM for lot densities of
less than eight units per acre.
A combined detention and water quality pond is proposed to control runoff from new pervious and
impervious surfaces. Level spreaders will distribute the pond discharge to the onsite wetland and stream. All
new pervious surfaces will be amended to satisfy soil moisture holding capacity requirements, and perforated
pipe connections will be provided for each roof downspout connection prior to entering the public
conveyance system. Additional Best Management Practices will be evaluated during engineering review.
Final approval of the storm drainage facilities as shown on the grading and utility plan and detailed in the
TIR, will occur following Public Works Department engineering review. Stormwater design and plat
drainage elements must conform to the standards, policies, and practices of the City of Federal Way’s
Surface Water Management Division as outlined in the 2016 KCSWDM and city amendments, the
Comprehensive Surface Water Management Plan, and the Stormwater System Operation and Maintenance Manual. The
approved storm drainage facilities must be constructed per city code requirements, prior to final plat
approval and recording of the subdivision.
X. ANALYSIS OF PRELIMINARY PLAT DECISIONAL CRITERIA
The FWRC establishes review procedures and decisional criteria for deciding upon various types of land use
applications. Pursuant to FWRC Chapter 18.35, preliminary plat applications are submitted to the Hearing
Examiner for public hearing and final decision on the preliminary plat.
Hearing Examiner Preliminary Plat Decisional Criteria – Pursuant to FWRC 18.35.170, the Hearing Examiner may
recommend approval of the proposed preliminary plat only if the following decisional criteria are met.
Decisional criteria and staff responses are provided below.
a) The project is consistent with the comprehensive plan;
Staff Comment: The application is subject to the adopted Federal Way Comprehensive Plan (FWCP), which
designates the property as Single-Family, High Density and Multi-Family. The proposed land use, Single-
Family Residential, with 5,000 square-foot minimum lot size is consistent with density allowances and
policies applicable to this land use as established in the FWCP. As proposed, the project is consistent
with the comprehensive plan.
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b) The project is consistent with all applicable provisions of the chapter, including those adopted
by reference from the comprehensive plan;
Staff Comment: The preliminary plat application is required to comply with the applicable provisions of
FWRC Title 14, “Environmental Policy”; Title 16 “Surface and Stormwater Management”; Title 18,
“Subdivisions”; Title 19, “Zoning”; and all other applicable codes and regulations. Future development of
the residential subdivision will be required to comply with all applicable development codes and
regulations. As proposed, and with conditions as recommended by staff, the preliminary plat will comply
with all provisions of the chapter.
c) The project is consistent with the public health, safety, and welfare;
Staff Comment: The proposed preliminary plat will permit development of the site consistent with the
current single-family and multi-family land use classification of the FWCP and map. Proposed access and
fire hydrant locations must meet all requirements of South King Fire & Rescue. Future development of
the plat in accordance with applicable codes and regulations will ensure protection of the public health,
safety, and welfare.
d) It is consistent with the design criteria listed in FWRC 18.05.020; and
Staff Comment: The proposed preliminary plat will promote the purposes identified in FWRC 18.05.020,
and the standards and regulations therein, as identified in the staff report, including effective use of land;
promotion of safe and convenient travel on streets; provision for the housing needs of the community;
protection of environmentally sensitive areas; and preservation of a large portion of the site as permanent
open space. As proposed, and with conditions as recommended by city staff, the preliminary plat
application complies with all provisions of the chapter.
e) It is consistent with the development standards listed in Chapter 18.55 FWRC, and FWRC
18.60.030 through 18.60.120.
Staff Comment: Staff reviewed the preliminary plat (Exhibit 4) and it is consistent with the above listed
codes. In addition, development of this site is required to comply with the provisions of FWRC Title 18,
“Subdivisions”; Title 14, “Environmental Policy”; Title 19, “Zoning and Development Code”; and all
other applicable local and state development codes and regulations. As proposed, and as recommended
by city staff, the preliminary plat application complies with all applicable statutes, codes, and regulations.
XI. FINDINGS OF FACT
Based on an analysis of the preliminary plat application, environmental record, and related decisional criteria,
the Department of Community Development finds that:
1. The proposal is to subdivide a vacant 21.85-acre parcel into 67 single-family residential lots, with
associated roadway and utility improvements. The subject property is zoned RS5.0, RS7.2, and RM1800,
and the preliminary plat application was deemed complete on November 14, 2020. The proposal includes
provision for various types of open spaces. The site contains several critical areas, including, GHA, stream,
wetland, and associated buffers. A wetland buffer averaging plan is provided with buffer enhancement.
2. The proposed single-family residential plat is permissible in the RM1800 and RS zoning districts under
FWRC 19.205.030 and 19.200.010, respectively. Subdivisions of 10 lots or more are subject to review
under FWRC Chapter 18.35 “Preliminary Plat.”
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3. The 67 proposed lots meet or exceed the underlying required minimum lot size of 5,000 square feet.
4. The proposal meets the criteria in FWRC 19.145.440(5), “Buffer Averaging,” as detailed in section IV.C,
above. Review and approval of the final wetland mitigation plan in accordance with FWRC requirements
shall be conducted in conjunction with review and approval of a grading permit and/or engineering plan
for site improvements.
5. An Environmental Determination of Nonsignificance (DNS) was issued for this proposed action on July3, 2020.
No appeals of the environmental determination were filed with the city.
6. City staff received 11 written comment letters, two of which were from public agencies and nine from
neighbors. The public comments were reviewed and considered in the environmental determination on
the project.
7. The applicant has proposed to clear and grade all of the 67 lots at the time of construction of the
infrastructure. The proposed modified grading plan would include clearing areas for roadways, a storm
drainage facility, and utilities. The proposal includes retaining walls in excess of the allowed six-foot wall
height maximum. In some areas the wall height will be up to14 feet in height.
Approval of clearing limits, which exceeds the minimum necessary clearing area allowed and approval of
retaining walls over six feet in height, warrants a modification request per FWRC 19.120.120. Therefore,
subject to the condition listed below, city staff supports clearing the individual lots at the time of plat
infrastructure construction based on special circumstances demonstrated by the applicant. The
recommended condition of approval regarding timing of clearing and construction, geotechnical engineer
recommendations, and erosion control will mitigate the impact from clearing the individual lots in
advance of individual building permits for each home. City staff supports the proposed modified grading
plan subject to review of a final grading plan and recommended conditions of preliminary plat approval.
8. The Forest Practices Application will be reviewed in conjunction with the clearing and grading plan
during engineering review. Once approved, a copy of the forest practices application will be routed to the
Washington State Department of Revenue (DOR), as forest practices are subject to forest excise tax at
the time of harvest.
9. The applicant’s Tree and Vegetation Plan indicates 512 tree units will be retained and/or replaced on-site
outside the proposed grading limits, including those located on individual building lots. All trees and
vegetation within the stream, wetland, and buffers will be retained in Critical Area Tracts, and the applicant’s
Critical Area Mitigation Plan also proposes to add native vegetation in the wetland buffer averaging areas.
10. The applicant’s preliminary landscape plan provides landscaping as required by the FWRC 18.60.030,
“Buffers,” of a 10-foot-wide Type III landscaping in a separate tract along Pacific Highway South.
11. The proposed plat provides a variety of conservation, constrained, and buffer open spaces on site. These
open space areas can only account for five percent of the total open space requirement. The 27,072
square feet of useable open space does not meet the minimum required amount of 95,168 square feet, or
10 percent useable. The applicant has requested that the remaining 68,096 square feet of usable open
space, or 7.16 percent, be provided as a fee-in-lieu of open space. The Parks Director has approved the
fee-in-lieu of onsite open space that will be assessed and due at final plat approval.
12. The City Traffic Engineer conducted a concurrency test to determine if the new trips generated by the
subdivision would result in failures to the city’s level of service. The test concluded that 68 new PM peak
hour trips will be generated with no failures anticipated, and a Certificate of Reserve Capacity was issued
March 16, 2020.
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13. Two vehicular access points to the site will be provided via the extension of 20th Avenue South from
South 304th Street and internal Road A to 20th Avenue South. Off-site improvements will be required on
the adjacent Lakehaven Water & Sewer District property to create the second access point. South 304th
Street will be improved as well along the property frontage.
Lakehaven Water & Sewer District has agreed to dedicate a 40-foot right-of-way across its northerly
property line to accommodate the second access to 20th Avenue South. In order to obtain preliminary
approval, the city shall be provided a letter of intent from the Lakehaven Water & Sewer District. At the
time of this staff report, Lakehaven is drafting the letter of intent. Prior to engineering review approval,
the applicant will be required to submit a signed agreement from Lakehaven that a 40-foot strip along the
north property line of parcel 042104 9168 will be dedicated to the City of Federal Way for right-of-way
purposes. At the time of final plat approval, a statutory warranty deed for the 40-foot strip must be
signed to be recorded along with the final plat.
14. As shown on the preliminary grading and utilities plan, internal streets are designed in accordance with
Federal Way Comprehensive Plan roadway cross sections “U” and “W.” Roads A and C will be constructed
as a Type “U” cross section with 32 feet of pavement, 4-foot planter strip, 5-foot sidewalk, and 3-foot
utility strip, all within a 56-foot right-of-way. Road B will be constructed as a Type “W” cross section
with 28 feet of pavement, 4-foot planter strip, 5-foot sidewalk, and 3-foot utility strip, all within a 52-foot
right-of-way.
Within the off-site extension of Road A, the Type “U” cross section will be modified to 24 feet of
pavement, 4-foot planter strip, 5-foot sidewalk, and 3-foot utility strip, all within a 40-foot right-of-way.
Along the property’s east frontage, 20th Avenue South will be constructed as a Type “U” cross section,
with half-street improvements consisting of 16 feet of pavement, 4-foot planter strip, 5-foot sidewalk,
and 3-foot utility strip, all within a 56-foot right-of-way. Along the property’s south frontage, South 304th
Street will be constructed as a Type “K” cross section with half-street improvements consisting of 22 feet
of pavement, 4-foot planter strip, 5-foot sidewalk, and 3-foot utility strip, all within a 56-foot right-of-
way. The applicant will dedicate 30 feet of frontage along 20th Avenue South and 9 feet of frontage along
South 304th Street. Lakehaven Water & Sewer District has agreed to dedicate a 40-foot right-of-way
across its northerly property line to accommodate the second access to 20th Avenue South.
The Public Works Department has reviewed the street layout for the proposed subdivision, and has
concluded that they are consistent with the adopted codes and comprehensive plan.
15. The applicant is subject to the city’s transportation impact fee (TIF) that will be assessed and collected by
the applicant when the building permit is issued for each lot, using the fee schedule then in effect, and is
made a condition of preliminary plat approval. At the applicant’s discretion, the impact fee payment may
be deferred to final building inspection for each individual house per standards set forth in FWRC
19.100.075.
16. The applicant provided a school access analysis that indicates that the site will be served by Wildwood
Elementary, Sacajawea Middle School, and Federal Way High School. A copy of the analysis was
forwarded to Federal Way Public Schools by the city. Students traveling from the subdivision to the
middle and elementary schools will be bussed from new bus stops within the plat as deemed appropriate
by the School District. Sidewalk improvements within the subdivision will provide safe access for
students walking to the high school.
17. School impact fees, as authorized by city ordinance and collected at the time of building permit issuance,
are currently $5,287.00 per single-family housing unit. School impact fees are determined on the basis of
Staff Report to the Federal Way Hearing Examiner Page 16 of 19
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the district’s Capital Facilities Plan and are subject to annual adjustment and update and are paid at time of
building permit issuance for the new dwelling units. At the applicant’s discretion, the school impact fee
payment may be deferred to final building inspection for each individual house per standards set forth in
FWRC 19.100.075.
17. Development of the site will create additional runoff from new impervious surfaces such as streets,
driveways, and rooftops. Storm drainage facilities are being designed in accordance with the 2016
KCSWDM and the city’s amendments to the manual. The applicant’s preliminary Technical Information
Report (Exhibit F), provides analysis of needed stormwater facilities for the subject property’s
Conservation Flow Control and Basic Water Quality Area designations. The water quality requirement
was reduced from Enhanced Basic to Basic as allowed by the KCSWDM for lot densities of less than
eight units per acre. Final approval of the storm drainage facilities, as shown on the grading and utility
plan and detailed in the TIR, will occur following Public Works Department engineering review. The
approved storm drainage facilities must be constructed per city code requirements, prior to final plat
approval and recording of the subdivision.
18. The preliminary plat was reviewed and determined to be consistent with all preliminary plat decision
criteria set forth at FWRC 18.35.70(3)(a) through (e), including consistency with the comprehensive plan;
consistency with all applicable provisions of the chapter, including those adopted by reference from the
comprehensive plan; consistency with the public health, safety, and welfare; consistency with the design
criteria listed in FWRC 18.05.020; and consistency with the development standards in FWRC Chapter
18.55, and FWRC 18.60.030 through 18.60.120.
19. The preliminary plat application was reviewed for consistency with all applicable state and local codes,
policies and regulations, including the Federal Way Comprehensive Plan (FWCP); Federal Way City Code
(FWRC) Title 14, “Environmental Policy”; Title 16, “Surface Water Management”; Tile 18,
“Subdivisions”; Title 19, “Zoning and Development Code”; Chapter 19.145, “Environmentally Critical
Areas”; Chapter 19.135, “Development Improvements”; and the 2016 King County Surface Water Design
Manual. As proposed and recommended by staff, the preliminary plat is consistent with the FWCP and all
other applicable codes and regulations.
20. As required by RCW 58.17.110, the preliminary plat makes appropriate provisions for the public health,
safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public
ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and
schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure
safe walking conditions for students who only walk to and from school; and the public use and interest
will be served by the platting of such subdivision and dedication.
21. Water and sewer facilities are available from the Lakehaven Water & Sewer District and are adequate to
serve the proposed development. It is the applicant’s responsibility to secure all necessary water and
sewer services from the utility provider.
22. South King Fire & Rescue requires two fire hydrants be provided for this project, which will be approved
by the Fire Marshal’s Office. Requirements for an NFPA 13D fire sprinkler system if any, will be
determined at time of building permit submittal.
23. As proposed and recommended by staff, approval and development of the proposed preliminary plat will
ensure consistency and compatibility with existing surrounding non-residential, single-family residential,
and multi-family zoning, uses, and densities.
24. Pursuant to the FWRC 18.40.050, prior to final plat approval and recording, all required and approved
improvements will be constructed, or the improvements appropriately bonded, per city code requirements.
Staff Report to the Federal Way Hearing Examiner Page 17 of 19
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XII. RECOMMENDATIONS
Based on review of the application, environmental record, and pertinent decisional criteria, the Department
of Community Development recommends that the Hearing Examiner recommend approval of the
preliminary plat and wetland buffer averaging plan, subject to the following conditions:
1. Prior to approval of the preliminary plat, the city shall receive a Letter of Intent from Lakehaven stating
they agree to dedicate a 40-foot right-of-way across its northerly property line to accommodate the
second access to 20th Avenue South.
2. Prior to the city’s approval of engineering plans, the applicant shall provide a signed agreement from
Lakehaven stating that a 40-foot strip along the north property line of parcel 042104 9168 will be
dedicated to the City of Federal Way for right-of-way purposes.
3. Prior to final plat approval, a statutory warranty deed for the 40-foot strip along the north property line
of parcel 042104 9168 shall be prepared and signed to be recorded along with the final plat.
4. Prior to the city’s approval of engineering plans, the graded area adjacent to the proposed retaining wall
must be stabilized and replanted with native shrubs and trees to help preserve the functionality of the
remaining intact wetland buffer. A replanting plan of this area must be included with the plans submitted
for engineering review.
5. The final plat drawing shall dedicate all usable and buffer open spaces in individual open space tracts to
be owned in common and maintained by property owners of the proposed subdivision, and shall prohibit
removal or disturbance of vegetation and landscaping within the tracts, except as necessary for
maintenance or replacement of existing plantings and as approved by the city. Additional vegetation may
be located in open space tracts to meet conditions as approved by the city. A note shall be included on
the final plat map that the open space tracts shall not be further subdivided; may not be developed with
any buildings or other structures, except as may be approved by the city for recreational purposes only
for the benefit of the homeowners; and may not be used for financial gain.
6. The final plat drawing shall dedicate all conservation and constrained open spaces in individual open
space tracts to be owned in common and maintained by property owners of the proposed subdivision,
and shall prohibit removal or disturbance of vegetation and landscaping within the tracts, unless
otherwise approved by the city because the vegetation is dead, dying, dangerous, or other valid reason.
Additional vegetation may be located in open space tracts to meet conditions as approved by the city. A
note shall be included on the final plat map that the open space tracts shall not be further subdivided;
may not be developed with any buildings or other structures; and may not be used for financial gain.
7. Prior to recording, the applicant shall provide the city’s Parks Department a fee-in-lieu payment for open
space in the amount of 7.16 percent of the most recent assessed land value of the subject property, and
provide a voluntary letter authorizing the city to use the open space fee-in-lieu in any of the Parks
Planning Areas of the city per FWRC 18.55.060(2).
8. 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.
9. The applicant is required to pay a school impact fee for each lot. The school impact fee is due at the time
of the building permit issuance for the new dwelling units. This fee amount is subject to change as
determined annually by the Federal Way School District and the City of Federal Way.
Staff Report to the Federal Way Hearing Examiner Page 18 of 19
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XIII. LIST OF EXHIBITS
1. Master Land Use Application
2. Vicinity Map with Site Photos
3. Existing Conditions Plan by ESM, April 1, 2020, sheet PP-02
4. Preliminary Site Plan by ESM, April 1, 2020, sheet PP-03
5. Preliminary Grading Plan by ESM, April 1, 2020, sheet PP-04
6. Preliminary Utility Plan by ESM, April 1, 2020, sheet PP-05
7. Preliminary Channelization Plan by ESM, April 1, 2020, sheet PP-06
8. Details & Notes by ESM, April 1, 2020, sheet PP-07
9. Overall Landscape Plan by Lyon Landscape Architects, March 27, 2020, sheet L1.0
10. Landscape Plan by Lyon Landscape Architects, March 27, 2020, sheets L1.1-L1.7
11. Critical Area Mitigation Plan by Sewall Wetland Consulting, Inc., July 1, 2020, sheets 1-2
12. City and King County Maps
12a - Zoning Map
12b – Federal Way Comprehensive Plan Designation Map
13. Comment Letters Received Following Notice of Application and SEPA Determination
13a – Ault-Sayan Comments, January 2, 2020
13b – Kelly Comments, January 6, 2020
13c – Etter Comments, March 14, 2020
13d – Etter Comments, April 15, 2020
13e – WSDOT Comments, July 7, 2020
13f – Anderson Comments, July 7, 2020
13g – Ecology Comments, July 15, 2020
13h – Chandler Comments, July 15, 2020
13i – Kelly Comments, July 16, 2020
13j – Etter Comments, August 6, 2020
13k – Pearson Comments, August 20, 2020
13l – Applicant’s response to Comment Letters
14. Status of Public Notice Letter, June 17, 2020
15. SEPA DNS, July 3, 2020
16. SEPA Checklist
17. Arsenic and Lead Soils Assessment by ECI Environmental Service, July 17, 2019
18. Tree Conservation Plan by Washington Forestry Consultants, Inc., March 20, 2020
19. Critical Area Mitigation Plan by Sewall Wetland Consulting, Inc.
19a – Critical Aras Report, October 11, 2019
19b – Critical Areas Mitigation Plan, April 1, 2020
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20. Technical Memorandum by Environmental Science Associates (ESA)
20a – Memorandum, February 7, 202
20b – Memorandum Email, June 16, 2020
21. Cultural Resource Assessment by Columbia Geotechnical Associates, Inc., June 20, 2019
22. Preliminary Technical Information Report by ESM, Inc., October 23, 2019
23. Appraisal Report prepared by CBRE Group, Inc., April 6, 2020
24. Open Space Fee-in-Lieu Approval Email from Deputy Park Director, July 29, 2020
25. Wall Profile Exhibit, by ESM, March 4, 2020
26. Geotechnical Report, prepared by Earth Solutions, October 3, 2019
27. Request for Modification to FWRC Chapter 19.120 by ESM, April 1, 2020
28. Capacity Reserve Certificate, March 16, 2020
29. School Access Analysis, by ESM, October 14, 2019
30. Lakehaven Water & Sewer District Certificate of Sewer Availability, May 8, 2019
31. Lakehaven Water & Sewer District Certificate of Water Availability, May 8, 2019
32. Forest Practice Application
TRANSMITTED TO THE FOLLOWING PARTIES:
Hearing Examiner – Phil Olbrechts, Olbrechts & Associates, olbrechtslaw@gmail.com
Project Applicant – Dmitriy Mayzlin / Justin Lagers, RMJ Holdings, LLC, dmitriy@americanclassichomes.com,
Justin@americanclassichomes.com
Applicant Agent – John Everett/Savanna Nagorski, ESM Consulting Engineers, LLC, John.Everett@esmcivil.com,
Savanna.Nagorski@esmcivil.com
Federal Way Staff – Becky Chapin, Senior Planner / Ann Dower, Senior Engineering Plans Reviewer / Sarady Long, Senior
Transportation Planning Engineer / Doc Hansen, Planning Manager / Eric Rhoades, Assistant City Attorney