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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