Findings of Fact
Sokalskyy South Lot Reasonable Use Request 21-102195-UP / Doc. I.D. 81990
Findings for Project Approval Page 1 of 8
EXHIBIT A
FINDINGS FOR PROJECT APPROVAL
Federal Way Revised Code (FWRC) Section 19.145.090 “Reasonable Use of the Subject
Property” & FWRC Section 19.145.120, “Partial Exemptions” & FWRC Chapter 19.65,
“Process III Project Approval”
SOKALSKYY SOUTH LOT REASONABLE USE REQUEST
File #21-102195-UP
The Director of Community Development hereby makes the following findings according to the content
requirements of the Process III written decision as set forth in Federal Way Revised Code (FWRC) 19.65.100(4)
and 19.145.090. These findings are based on review of city documents and items submitted by the applicant
received June 10, 2021, and subsequent resubmittals received on July 27, 2021, and December 20, 2021.
1. Proposal – The applicant is proposing a new single-family residence, driveway, utility connections, access
easement improvement (paving), and frontage improvements on parcel #292104-9060. The lot is
encumbered by a wetland and on and off-site wetland buffers. The on-site wetland (Wetland A) buffer is
150 feet and the off-site wetland (Wetland B) buffer that affects the property is 300 feet. Wetland buffer
impacts are unavoidable as the wetland buffers occupy the entire parcel. The total proposed wetland
buffer impact includes a 1,562 square foot (sq. ft.) building footprint for the residence with a proposed
roof area of 1,640 sq. ft., a 400 sq. ft. driveway, and the access easement improvement near the eastern end
of the site (2,258 sq. ft). The total impervious area will be 4,464 sq. ft. Site access and utilities connections
will be via South 359th Street. Wetland and buffer enhancement are also proposed.
The required street frontage improvements, as modified, are to have the developer install a 5-foot gravel
shoulder along the property frontage to accommodate the school walking route. This improvement is not
included in the buffer impact calculations as it qualifies for a critical areas partial exemption pursuant to
FWRC 19.145.120(1).
2. Site Conditions – The 0.86-acre site is vacant and rectangular in shape. According to the submittal, the
site has been regularly managed as a garden and livestock pasture associated with an adjacent homesite
for several years. There is a mild slope from the northeast to the southwest. The lot is encumbered by a
wetland and on and off-site wetland buffers. The on-site wetland (Wetland A) buffer is 150 feet and the
off-site wetland (Wetland B) buffer that affects the property is 300 feet. Wetland buffers occupy the
entire parcel. The property to the west of the project site is part of the Hylebos Wetlands Regional Park.
3. Zoning and Comprehensive Plan – Zoning for the subject site is Single-Family Residential (RS 15.0).
Construction of a detached dwelling unit is a permitted use in this zone subject to the provisions of
FWRC 19.200.010. The Federal Way Comprehensive Plan (FWCP) designation for the subject site is Single
Family – Medium Density.
4. Review Process – As the property is partially encumbered by a wetland and completely encumbered by
on and off-site wetland buffers, the Reasonable Use Request for development within wetland buffers is
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subject to “Reasonable Use of the Subject Property,” reviewed under Process III, Project Approval per
FWRC 19.145.090(2). The Director of Community Development makes a written decision on the
application based on the criteria listed under FWRC 19.145.090 and 19.65.100.
5. State Environmental Policy Act (SEPA) – The application is exempt from review under the State
Environmental Policy Act (SEPA) as it does not exceed city adopted flexible thresholds set forth in FWRC
14.15.030(a) for construction of residential structures up to 20 dwelling units. No work is proposed
within the on-site or off-site wetlands.
6. Public Notice and Comment – The application was deemed complete for processing on July 8, 2021,
and a Notice of Application was posted on July 23, 2021. The notice was posted at the subject property,
posted on the city website, published in the Federal Way Mirror, and mailed to the persons receiving the
property tax statements for all property within 300 feet of each boundary of the subject property. The
comment period concluded on August 9, 2021. No comment letters were received.
7. Wetland Buffer Development – The property previously went through a wetland report peer review.
Under city file no. 16-105771-AD it was determined, as documented in a September 18, 2017, letter that
there was a Category II wetland on-site (Wetland A) with a 165-foot buffer and a Category I wetland off-
site (Wetland B) with a 225-foot buffer, and that the property was completely encumbered by the buffers
from Wetlands A and B. The lot along with the lot to the north were later reconfigured via a Boundary
Line Adjustment (city file no. 18-102925-SU) approved on December 11, 2018, and recorded under King
County recording number 20190208900013.
The wetland delineation prepared by Habitat Technologies, dated June 13, 2016, was valid for a five-year
period. The Reasonable Use Request was submitted on June 10, 2021, during the five-year period in
which the wetland report was valid. The city updated the wetland buffer requirements in the FWRC via
Ordinance No. 19-873, adopted in July 2019. As part of the Reasonable Use Request submittal, the
applicant was asked to provide a report addendum to update the Wetland A and B buffer widths to
reflect current code, FWRC 19.145.420. The result was an buffer decrease for the on-site wetland
(Wetland A) buffer from 165 feet to 150 feet and a buffer increase for the off-site wetland (Wetland B)
buffer from 225 feet to 300 feet. Both the previous and current buffer widths completely encumber the
subject property.
The provisions of FWRC 19.145.090, “Reasonable Use of the Subject Property,” establish a mechanism
whereby the provisions of the critical areas code may be modified or waived on a case-by-case basis if their
implementation would deprive an applicant of all reasonable use of the subject property.
Wetland buffer impacts are unavoidable as the wetland buffers occupy the entire parcel. The total
proposed wetland buffer impact includes a 1,562 square foot (sq. ft.) building footprint for the proposed
residence with a roof area of 1,640 sq. ft., a 400 sq. ft. driveway, and the access easement improvement
near the eastern end of the site (2,258 sq. ft) to provide access to the lot to the north, which is also under
review under city file no. (21-102193-UP). The total impervious area will be 4,464 sq. ft. Site access and
utility connections will be via South 359th Street. Wetland and buffer enhancement are also proposed.
The required street frontage improvements, as modified, are to have the developer install a 5-foot gravel
shoulder along the property frontage to accommodate the school walking route. This improvement is not
included in the buffer impact calculations as it qualifies for a critical areas partial exemption pursuant to
FWRC 19.145.120(1), see Finding of Fact #9 for further detail.
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On June 10, 2021, the applicant submitted a Reasonable Use Request via a Use Process III land use
application. The submitted materials included a May 4, 2021, Wetland and Buffer Establishment and
Enhancement Program prepared by Habitat Technologies.
A technical review letter, dated August 10, 2021, was sent from the city to the applicant. Changes to the
site layout and reduction of impervious surfaces were possible, and as a result, revisions to the proposal
were required by the city. The proposed home and driveway needed to be moved further away from the
on-site wetland.
The applicant resubmitted project materials on December 20, 2021. Modifications to the proposal
included a relocated project development envelope. The applicant also submitted a revised Wetland and
Buffer Establishment and Enhancement Program report prepared by Habitat Technologies, dated
December 2, 2021. The report addresses the criteria in FWRC 19.145.090(3) and details an enhancement
program for the wetland and buffers.
The proposed enhancement program has the following actions proposed as compensation for the
required reduction of the wetland buffers, which with minor modifications, will be made conditions of
approval:
1. The retained onsite wetland and associated retained buffer areas shall be initially cleared
of any existing garbage and invasive vegetation. Beneficial native trees and shrubs shall
be identified and flagged by the project biologist and shall not be removed. The removal
of the invasive shrubs and assorted debris shall not adversely impact the soil profile or
offsite aquatic features. In addition, the existing site contours not within the proposed
homesite development envelope shall not be modified.
2. The proposed homesite development envelope shall be clearly identified and then
protective silt fencing shall be installed along this envelope boundary.
3. The established onsite wetland and buffer areas shall be planted with a variety of native
trees and shrubs common to the local area. These activities shall create a plant
community that protects and enhances the functions and value of the onsite and offsite
wetland, provides wildlife habitats, and protects local water quality.
4. All onsite activities shall be monitored by the project biologist or landscape architect.
Final plant placements shall be approved by the project biologist prior to installation.
Following the completion of onsite planting activities an Implementation Report shall
be prepared and submitted to the City of Federal Way.
5. Upon the city’s acceptance of the implementation report a five-year monitoring program
shall be undertaken following the successful completion of the initial planting efforts to
ensure the success of the Wetland and Buffer Establishment and Restoration Program.
A series of financial guarantees shall be implemented to ensure that the proposed work
is completed and is successful.
6. Protective silt fencing and orange construction fencing shall be installed along the outer
boundary of the established development envelope. This fencing shall be maintained
serviceable throughout the construction of the proposed single-family homesite.
7. A protective split-rail fence (or other fence approved by the city) shall be placed along
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the defined outer buffer boundary adjacent to the new homesite. This fence shall be
posted with a minimum of five (5) City of Federal Way buffer boundary signs.
8. The established buffer shall be memorialized with a recorded “notice on title” or other
protective means.
8. Reasonable Use of the Subject Property – Pursuant to FWRC 19.145.090, the city may approve a
modification or waiver of the requirements of FWRC Chapter 19.145 (“Environmentally Critical Areas”)
on a case-by-case basis if its implementation would deprive an applicant of all reasonable use of the
subject property based on the following criteria:
(a) The application of the provisions of this chapter eliminates all reasonable use of the subject
property.
Staff Response: The site is partially encumbered by a wetland and entirely encumbered by wetland
buffers. In order to have reasonable use of the property and develop any single-family residence,
the development must intrude into the wetland buffers. The proposed improvements are of a
reasonable limited size and scale. This criterion is met.
(b) No feasible and reasonable on-site alternatives to the proposal are possible, such as changes to site
layout and/or reduction of impervious improvements.
Staff Response: The original proposal has been modified to move the project’s development
envelope further away from the wetland. This criterion is met.
(c) It is solely the implementation of this chapter, and not other factors, that preclude all reasonable
use of the subject property.
Staff Response: It is the wetland buffers that preclude all reasonable use of this property and not any
other factors. This criterion is met.
(d) The applicant has in no way created or exacerbated the condition that forms the limitation on the
use of the subject property, nor in any way contributed to such limitation.
Staff Response: The applicant has not created, exacerbated, nor contributed to the condition that
forms the limitation on the use of the subject property. This criterion is met.
(e) The waiver or modification will not lead to, create, nor significantly increase the risk of injury or
death to any person or damage to improvements on or off the subject property.
Staff Response: Development in accordance with adopted zoning, building, fire, and civil design
(including storm drainage, grading, and erosion control) codes, along with implementation of
wetland and buffer enhancement will ensure the project will not lead to, create, nor significantly
increase the risk of injury or death to any person, or damage to improvements on or off the subject
property. This criterion is met.
9. Partial Exemption – The required street frontage improvements are to have the developer install a 5-
foot gravel shoulder along the property frontage to accommodate the school walking route. This
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improvement is not included in the proposal’s buffer impact calculations, as it qualifies for a critical areas
partial exemption pursuant to FWRC 19.145.120(1).
Per FWRC 19.145.120(1), the Community Development Director may permit the placement of public
improvements in a critical area if no practical alternative with less impact on the critical area exists. The
specific location and extent of the intrusion into the critical area must constitute the minimum necessary
encroachment to meet the requirements of the public facility or utility and not pose an unreasonable
threat to the health, safety, or welfare on or off the subject property. The intrusion shall attempt to
protect and mitigate impacts to the critical area function and values.
The proposed public improvements do not include improvements whose primary purpose is to benefit a
private development. The frontage improvements are to an existing public street, South 359th Street.
10. Transportation Concurrency– As a component of the Use Process III application, projects undergo
transportation concurrency analysis according to the state’s Growth Management Act (GMA); goals and
policies of the 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 October 25, 2021, for the
development of one single-family lot. The number of new PM peak hour vehicle trips generated by the
project is 1.
11. 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.
12. Street Frontage Improvements – The applicant submitted a modification request to the Public Works
Department to waive required street frontage improvements along South 359th Street (city file no. 20-
104334-SM). A decision was issued on December 9, 2020; the required improvements, as modified, are to
have the developer install a 5-foot gravel shoulder along the property frontage to accommodate the
school walking route.
13. Stormwater– Surface water runoff control is required per the requirements of Appendix C – Simplified
Drainage Review – of the 2021 King County Surface Water Design Manual (KCSWDM). The drainage
assessment and preliminary site plan indicate that basic dispersion is proposed to control runoff from the
proposed new impervious surfaces associated with the single-family home (rooftop and driveway). Final
review and approval of the storm drainage system will occur as part of the building permit review.
Erosion and sediment control measures are required during construction.
14. Water and Sewer – The applicant proposes to serve the single-family lot with public water and sewer
managed by Lakehaven Water & Sewer District. According to the submitted Certificate of Sewer
Availability, dated April 6, 2021, sewer service can be provided by service connection to an existing 12”
diameter sewer main that is approximately 40+/- feet from the site and the sewer system has the capacity
to serve the proposed land use. According to the submitted Certificate of Water Availability, dated April
6, 2021, water service can be provided by service connection to an existing 6” diameter water main that is
approximately 25-160 (+/-) feet from the site.
15. South King Fire & Rescue – South King Fire & Rescue reviewed the proposal and provided the following
comments. A Certificate of Water Availability shall be requested from the Water District and provided at the
time of the building permit application. The existing fire hydrant on South 359th Street is sufficient for this
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project. Fire hydrants shall be in service prior to and during the time of construction. Fire apparatus access
roads shall comply with all requirements of Fire Access Policy 10.006. 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 the Gate Policy. The need for a NFPA 13D fire sprinkler system for the property will be
determined at the time of the building permit submission.
16. Director’s Decision Criteria – In addition to the criteria contained within FWRC 19.145.090(3), the
Director of Community Development makes a written decision on the application based on the criteria
listed under FWRC 19.65.100(2):
a. The proposal is consistent with the comprehensive plan;
The Federal Way Comprehensive Plan (FWCP) designation for the subject property is Single Family
– Medium Density. The FWCP (Revised 2015) contains the following applicable goal and policy:
o NEG2: Balance the protection of environmentally critical areas with rights of property owners.
o NEP17: Continue the practice of providing a process for reasonable use exception when the
implementation of environmentally critical areas regulations deprives a property owner of all reasonable
use of their property.
The applicant is requesting a Reasonable Use Exception, as the implementation of the
environmentally critical areas regulations would deprive the owner of all reasonable use of their
property.
b. The proposal is consistent with all applicable provisions of the FWRC;
As conditioned, the proposal is consistent with the applicable zoning regulations as detailed in this
report.
c. The proposal is consistent with the public health, safety, and welfare;
The Community Development and Public Works Departments, along with Lakehaven Water & Sewer
District and South King Fire & Rescue, have reviewed the project for conformance with codes
designed to protect the public health, safety, and welfare. Additional details will be reviewed at the
building/engineering permit stage.
d. The streets and utilities in the area of the subject property are adequate to serve the
anticipated demand from the proposal;
See the Transportation, Water & Sewer, and Stormwater related sections of this report.
e. The proposed access to the subject property is at the optimal location and configuration; and
Access to the site will be provided via a driveway located on South 359th Street. Also, see the
Transportation-related sections of this report.
f. Traffic safety impacts for all modes of transportation, both on and off site, are adequately
mitigated.
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The project involves development of one single-family residence. Also see the Transportation-related
sections of this report.
17. Conditions of Approval – The following conditions of approval are attached to the Process III decision:
1) Prior to the start of construction, the retained on-site wetland and associated retained buffer areas
shall be initially cleared of any existing garbage and invasive vegetation. Beneficial native trees and
shrubs shall be identified and flagged by the project biologist and shall not be removed. The removal
of the invasive shrubs and assorted debris shall not adversely impact the soil profile or off-site
aquatic features. In addition, the existing site contours not within the proposed homesite
development envelope shall not be modified.
2) Prior to the start of construction, the proposed homesite development envelope shall be clearly
identified and then protective silt fencing shall be installed along this envelope boundary.
3) Prior to and for the duration of construction activity, the applicant shall install protective silt fencing
and orange construction fencing along the outer boundary of the established development envelope.
This fencing shall be maintained serviceable throughout the construction of the proposed single-
family homesite. A preconstruction inspection by the Planning Division is required to verify the
fencing has been installed. Contact Principal Planner Stacey Welsh at 253-835-2634 to schedule the
inspection.
4) Prior to issuance of a building permit, a series of financial guarantees shall be implemented to ensure
that the proposed wetland and buffer enhancement work is completed and is successful
(performance and monitoring).
5) Prior to issuance of a Certificate of Occupancy, the established on-site wetland and buffer areas shall
be planted with a variety of native trees and shrubs common to the local area. These activities shall
create a plant community that protects and enhances the functions and value of the on-site and off-
site wetland, provides wildlife habitats, and protects local water quality.
6) All on-site activities shall be monitored by the project biologist or landscape architect. Final plant
placements shall be approved by the project biologist prior to installation. Following the completion
of on-site planting activities an Implementation Report shall be prepared and submitted to the city.
The implementation report shall be provided to the city prior to issuance of a Certificate of
Occupancy.
7) Upon the city’s acceptance of the implementation report, a five-year monitoring program shall be
undertaken following the successful completion of the initial planting efforts to ensure the success of
the Wetland and Buffer Establishment and Restoration Program.
8) Prior to issuance of a Certificate of Occupancy, a split rail fence shall be placed along the defined
outer buffer boundary adjacent to the new homesite with critical areas signage installed every 150
feet. Contact Public Works Development Services for the sign detail. A final inspection by the
Planning Division is required to verify the split rail fence and signage has been installed. Contact
Principal Planner Stacey Welsh at 253-835-2634 to schedule the inspection.
9) Prior to issuance of a Certificate of Occupancy, the applicant shall record with the King County
Recorder’s Office a “notice on title” per FWRC 19.145.170 and provide a recorded copy to the city.
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CONCLUSION – As conditioned, the proposed development is consistent with the decisional criteria required
under FWRC Chapter 19.65, “Process III, Project Approval” and FWRC 19.150.040, “Reasonable Use of the
Subject Property.” 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: Stacey Welsh, Principal Planner Date: February 22, 2022