05-101823CITY OF
L Federal Way
April 22, 2005
Paul C. Noyes
31327 10 b Place SW
Federal Way, WA 98023-4510
CITY HALL
33325 8th Avenue South • PO Box 9718
Federal Way, WA 98063-9718
(253) 835-7000
www.cityoffederalway.com
RE: File #05-101823-000-00-AD; Essential Public Facility Intrusion into Regulated Wetland
Setback Area of the Noyes Preliminary Plat
Dear Mr. Noyes:
The City has completed its review of proposed temporary wetland setback intrusion for installation of an
essential public facility for the above -referenced preliminary plat application. Based on the enclosed
findings, the City conditionally approves the requests to encroach into the setback area of regulated
wetland for installation of an Essential Public Facility.
Environmental review under the State Environmental Policy Act (SEPA) was conducted for this proposal
under City File No. 03-105055-00-SE. No permanent intrusion into the regulated wetland or wetland
setback area is proposed with this application.
PROJECT DESCRIPTION
A regulated wetland is located at the northern portion of the subject site. It meets the definition of a
Category 11 wetland and therefore contains a regulated 100-foot setback area. The extension of 10`t' Place
SW will intrude into the southerly portion of the wetland setback area by approximately ten feet or
approximately 48 square feet of overall intrusion behind the future sidewalk. The work in the setback area
is construction related and therefore temporary; no long-term impacts to the setback area are proposed.
All disturbed areas would be restored with plat development. The proposed right-of-way improvements
on 10fl' Place SW are classified as essential public facilities.
DECISION
Pursuant to Federal Way City Code (FWCC) Section 22-1359, for essential public facility intrusions into
wetland setback areas, the above -referenced application is hereby conditionally approved, based on the
conditions noted below and the attached Findings of Fact and Analysis of Decisional Criteria.
CONDITIONS OF APPROVAL
Prior to issuance of construction permits related to any work approved with this application, the
applicant shall provide for review and approval restoration plans for all disturbed areas of the
wetland setback. The restoration plans shall detail native vegetation normally associated with the
setback area, and include plant name, quantity, spacing, size, etc.
Mr. Noyes ' '
April 22, 2005
Page 2
2. Prior to issuance of any construction approvals for right-of-way improvements on IO h Place SW,
Temporary Erosion and Sedimentation Control (TESC) plan and plan details shall be approved by
the Director of Public Works. All necessary TESC and standard construction notes must be placed
on the plans. The plan shall also address erosion control measures of all disturbed areas. Temporary
erosion and sedimentation controls shall be installed prior to construction.
Prior to final plat approval, and as required by the Director of Community Development Services,
the applicant shall restore all disturbed wetland setback areas in accordance with approved plans.
The restoration work shall be inspected by the City. Contact Deb Barker, 253-835-2642, to schedule
the inspection.
PROCEDURAL INFORMATION
Unless modified or appealed, this administrative decision is valid for a period of one year from the date of
issuance of the decision. The date of issuance of this decision is April 25, 2005 (decision date plus three
days). If no further action is taken within one year of the date of issuance, the decision will expire. A one-
year extension may be granted if a written request is submitted to the Department of Community
Development Services (33325 8 h Avenue South, PO Box 9718, Federal Way, WA 98063-9718), at least
30 days prior to the expiration of the decision.
The approval and conditions of approval may be appealed by the applicant, any person who submitted
written comments, or any person who specifically requested a copy of the decision, pursuant to FWCC
Section 22-355. Any appeal must be in the form of a letter delivered to the Department of Community
Development Services (address above), and be accompanied by the established fee, within 14 calendar
days after the date of issuance of the decision. This administrative decision appeal deadline is May 9,
2005. The appeal letter must contain a clear reference to the matter being appealed and a statement of the
factual findings and conclusions of the Director of Community Development Services disputed by the
person filing the appeal.
This decision does not waive compliance with future City of Federal Way codes, policies, and standards
relating to this project.
If you have any questions regarding this decision, please call Deb Barker, Associate Planner, at 253-835-
2642.
Sincerely,
{ Kathy McClung,
eirector
Community Development Services
Enc: Findings of Fact & Analysis of Decisional Criteria
c: Mel Daily, DMP Engineering, 726 Auburn Way North, Auburn, WA 98002
Deb Barker, Associate Planner
Kevin Peterson, Public Works Development Services Engineer
05-101823
Doc I.D. 31350
CITY t}F Vzk��
Federal Way
FILE
FINDINGS OF FACT AND
ANALYSIS OF DECISIONAL CRITERIA
Essential Public Facility Intrusion into Regulated Wetland Setback Area
Noyes Preliminary Plat
Federal Way File No: 05-101823-00-AD
L The applicant proposes to develop a 4.74-acre site with an eight -residential lot subdivision and
related site improvements at 31327 20t' Place SW.
2. The preliminary plat application was submitted on August 29, 2003, and was determined to be
complete on September 25, 2003. A Determination ofNonsignificance was issued for the
subdivision project and associated impacts on March 9, 2005. T}1e comment and appeal period for
this determination concluded with no changes or corrections to the City's initial determination. All
environmental documents are hereby incorporated by reference as though set forth in full.
3. The site contains a regulated Category II wetland in the northern portion of the subject site. The
applicant has proposed that roadway construction associated with the roadway extension of IQ'
Place SW intrude into the 100-foot setback area of the wetland approxima#ely 48 square feet. The
roadway improvement proposed within wetland setback area requires separate administrative
approval under Federal Way City Code (FWCC} Section 22-1359(b).
4. The applicant submitted several wetland related reports all prepared by J.S. Jones and Associates,
Inc. in conjunction with the preliminary plat application. The Wetland Assessment dated June I3,
20Q 1; Wetland Functional Assessment dated July I0, 2Q04; and the Hydrologic Impact Assessment
of the Noyes Preliminary Plat dated October 15, 2004; provide the basis far recommended
conditions of approval for wetland setback intrusions associated with this administrative decision.
The reports are incorporated as though set forth in full.
5. Plat improvements include the southerly extension of 10L` Place SW through the muddle of the site
connecting to I I1' Place SW. This extension will intrude into the southerly of the wetland
setback area by approximately ten feet or approximately 48 square feet of Q eralIrintrusion behind
the future sidewalk. The work in the setback area is construction related and therefore temporary; no
long-term impacts to the setback area are proposed. The proposed right-of-way improvements on
10 Place SW are classified as essential public facilities. FWCC Section 22-1 defines right-of-way
as land dedicated or conveyed to'khc public or a unit of government, the primary purpose of which is
the movement of vehicles and or pedestrians and providing for access to adjacent parcels, with the
secondary purpose of providing space for utility lines and appurtenances and other devices and
facilities benefiting the public.
6. FWCC Section 22-I359(b) provides the process to consider the intrusion of essential public facilities
and public utilities into wetland setback areas. The Director of Community Development may permit
placement of an essential public facility and utility within a wetland setback if they find that all of
the following criteria are met. The applicant also submitted a
2004. response to criteria dated October 22,
a. The improvement must traverse the setback area because no feasible alternative location exists
based on an analysis of technology and systemeffi
ciency.
Response: Work associated with the extension of loth Place SW to provide vehicular access
through the Noyes plat will intrude into the wetland setback area approximately ten feet. This
work includes but is not limited to grading and clearing for roadway and sidewalk construction
within the existing right-of-way. Disturbed areas will be restored in conjunction with approved
plans. No permanent intrusions into the wetland buffer are anticipated.
Roadway improvements to loth Place SW are proposed to bring the right-of-way to acceptable
travel standards mandated by the Federal Way
to eliminate the temporary wetland setbacsive Plan, and the Federal k City
Code. Reducing the size of the improvements
intrusion would require that the roadway and sideway be decreased, creating unacceptable
roadway conditions that could not accommodate the traffic generated by the project. The
roadway is intended to extend an existing roadway system while maintaining pedestrian and
vehicular safety. Relocating 10a' Place SW to avoid the wetland setback area would create poor,
alignment resulting in offset roadway conditions. There is no other feasible alternative to
accomplish the proposed right-of-way improvements.
b. The specific location and extent of the intrusion into the setback area must constitute the
minimum necessary encroachment to meet the requirements of the public facility or utility.
Response: The proposed intrusion associated with lo* Place SW improvement is intended to
have minimal temporary impact on the wetland setback area while still meeting the technical
requirements and constraints for roadway design and width. This roadway cannot be
reconfigured to be located outside the wetland setback area as hazardous and deficient roadway
alignment would result. The proposed intrusion is the minimum necessary to meet the
requirements of the public facility. No permanent intrusions into the wetland buffer are
anticipated.
7. Restoration of the disturbed wetland setback area shall be reviewed in conjunction with technical
review of engineering plans following preliminary plat approval.
CONCLUSIOI+i
The proposal has been reviewed for compliance with the Federal Way City Code and Federal Way
Comprehensive Plan, and other applicable City codes, plans, policies, and regulations. The proposal has
been found to meet the requirements o£FWCC Section 22-1359 provided all conditions of project
approval are met. Based on the findings and conclusions of this review, project approval with conditions
is recommended.
Prepared by: Deb Barker, Associat6 Planner
April 20, 2005
File No. 05-101823-00-AD / Doc I.D. 31351
Findings of Fact and Analysis of DecisionapCriteria Page 2
Noyes Preliminary Plat