UP III Approval LetterCOMMUNITY DEVELOPMENT DEPARTMENT
33325 8th Avenue South
Federal Way, WA 98003-6325
253-835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
Alexandra Hines February 24, 2022
ESM Consulting Engineers
33400 8th Ave South, Suite 205
Federal Way, WA 98003
alexandra.hines@esmcivil.com
Re: File #21-102195-UP; PROCESS III – PROJECT APPROVAL
Sokalskyy South Lot Reasonable Use Request, Parcel 292104-9060, Federal Way
Dear Alexandra Hines:
The City of Federal Way has completed the administrative review of the proposed Reasonable Use Request
pursuant to Federal Way Revised Code (FWRC) 19.145.090, for 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 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).
The Process III Reasonable Use application received June 10, 2021, with subsequent resubmittals received on
July 27, 2021, and December 20, 2021; critical areas partial exemption pursuant to FWRC 19.145.120(1) for
frontage improvements; and the Wetland and Buffer Establishment and Enhancement Program prepared by
Habitat Technologies, dated December 2, 2021, are hereby approved with conditions, based on the enclosed
Exhibit A, Findings for Project Approval, incorporated into this decision in full, and the following conclusion
based on those facts:
1. The proposal is consistent with the comprehensive plan;
2. The proposal is consistent with all applicable provisions of Federal Way Revised Code (FWRC);
3. The proposal is consistent with the public health, safety, and welfare;
4. The streets and utilities in the area of the subject property are adequate to serve the anticipated
demand from the proposal;
5. The proposed access to the subject property is at the optimal location and configuration; and
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6. Traffic safety impacts for all modes of transportation, both on and off site, are adequately mitigated.
The remainder of this letter outlines the land use review process required for this particular site improvement;
summarizes the State Environmental Policy Act (SEPA) process; lists conditions of the land use decision; and provides
other procedural information. This land use decision does not authorize the initiation of construction activities.
REVIEW PROCESS REQUIRED
The site is within the residential Single-Family (RS 15.0) zoning district. Detached dwelling units are
permitted in this zone subject to the provisions of FWRC 19.200.010. Using Process III, Project Approval, the
city can administratively approve a modification or waiver to FWRC Chapter 19.145 (“Environmentally
Critical Areas”), pursuant to FWRC 19.145.090, “Reasonable Use of the Subject Property,” subject to criteria.
Process III approval does not grant license to begin any type of site work.
SEPA PROCESS
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.
CONDITIONS OF APPROVAL
Based on the criteria above, and the Wetland and Buffer Establishment and Enhancement Program prepared
by Habitat Technologies, dated December 2, 2021, the proposed Reasonable Use Request and critical areas
partial exemption are approved with the following conditions:
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-
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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.
BUILDING PERMIT REQUIREMENTS
This Process III land use decision does not constitute building permit approval, or authorize clearing/grading
activities. If you have any questions regarding building permit review contact the Permit Center at 253-835-
2607, or permitcenter@cityoffederalway.com.
APPROVAL DURATION
Per FWRC 19.15.100(2), “. . .the applicant must substantially complete construction for the development
activity, use of land, or other actions approved and complete the applicable conditions listed in the use
process III decision within five years after the final decision of the city on the matter, or the decision
becomes void. If a land use petition is filed under Chapter 36.70C RCW in King County superior court, the
time limits of this section are automatically extended by the length of time between the commencement and
final termination of that litigation. If the development activity, use of land, or other action approved under
this chapter includes phased construction, the time limits of this section may be extended in the decision on
the application, to allow for completion of subsequent phases.” Time extensions to the decision may be
requested prior to the lapse of approval following the provisions listed in FWRC 19.15.110.
APPEALS
Per FWRC 19.05.360, the effective date of issuance is three calendar days following the date of this letter, or
February 27, 2022. Pursuant to FWRC 19.65.120(1), this land use decision may be appealed by the applicant,
any person who submitted written comments or information, any person who has specifically requested a copy
of the decision, or the city. In compliance with FWRC 19.65.120(2), a written notice of appeal must be
delivered to the department within 14 calendar days after issuance of the decision of the director, or March
14, 2022. The appeal must be accompanied by cash or a check, payable to the City of Federal Way, in the
amount of the fee as established by the city. The notice of appeal must contain: a statement identifying the
decision being appealed, along with a copy of the decision; a statement of the alleged errors in the director’s
decision, including identification of specific factual findings and conclusions of the director disputed by the
person filing the appeal; and the appellant’s name, address, telephone number and fax number, and any other
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information to facilitate communications with the appellant. Appeals are governed by process IV (Federal Way
Hearing Examiner).
PROPERTY TAX VALUATION
Per FWRC 19.65.100(4)(i), affected property owners may request a change in valuation for property tax
purposes, notwithstanding any program of revaluation.
CLOSING
This decision does not constitute building permit approval, and it 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 Principal Planner Stacey Welsh at 253-835-2634, or
stacey.welsh@cityoffederalway.com.
Sincerely,
Keith Niven, AICP, CEcD
Planning Manager
enc: Exhibit A, Findings for Project Approval
Approved Site Plan
c: Brian Davis, Community Development Director
Stacey Welsh, Principal Planner
Kevin Peterson, Senior Engineering Plans Reviewer
Sarady Long, Senior Transportation Planning Engineer
Brian Asbury, Lakehaven Water & Sewer District
Sean Nichols, South King Fire & Rescue
Pavlo Sokalskyy, wawusinc@yahoo.com
King County Assessor’s Office, assessor.info@kingcounty.gov