Shablevskiy ResidenceExhibit A – Findings for Project Approval Page 1 of 7
Shablevskiy Buffer Averaging 19-102396-00-UP / Doc. I.D. 79274
EXHIBIT A
FINDINGS FOR PROJECT APPROVAL
Federal Way Revised Code (FWRC) 19.145.440(5), “Buffer Averaging”
& Chapter 19.65, “Process III Project Approval”
SHABLEVSKIY WETLAND BUFFER AVERAGING
File #19-102396-00-UP
The Director of Community Development hereby makes the following findings pursuant to content
requirements of the Process III written decision as set forth in Federal Way Revised Code (FWRC)
19.65.100(4) and 19.145.440(5). These findings are based on review of existing city documents,
recommendations from the city’s wetland consultant, Landau Associates, and items submitted by the
applicant and received May 16, 2019, and resubmittals received November 6, 2019, February 18, 2020,
and May 27, 2020.
1.Proposal – The applicant proposes a new single-family residence, driveway, three 150-foot splash
blocks, utility connections, and street improvements on parcel #302104-9007. Impacts to the outer
edge of the wetland buffer are unavoidable as the wetland and associated buffers occupy almost the
entire parcel. No work within the wetland is proposed. To accommodate the house, the buffer area
being reduced is 1,703 square feet, and will have a minimum buffer width of 90 feet from the wetland
boundary. The northwest corner of the site will have an enlarged buffer of 2,307 square feet. The ratio
of buffer increase to buffer reduction is 1.4 to 1.
2.Site Condition – The site is approximately 76,666 square feet (1.76 acres), vacant with dense forest
and wetland plant community, within the central portion of the panhandle shaped site. The site is
generally sloping to the west, with draining to the south. Two wetland areas were identified onsite.
Wetland A is in the center of the site and classified as a Category II wetland with a 105-foot buffer.
Wetland B is in the southern portion of the site. Wetland B is a Category II wetland with a 105-foot
buffer. There is a ditch channel transecting south from Wetland B to the city’s storm drain system at
SW 356th Street. This tributary meets the criteria for designation as a Type Ns: seasonal non-fish
habitat stream. The standard buffer for a Type NS stream is 35 feet. No impacts are proposed to the
stream or stream buffer.
3.Zoning and Comprehensive Plan – Zoning for the subject site is Residential Single-Family (RS 7.2).
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 – High Density.
4.Review Process – The subject property contains significant wetland constraints and a majority of the
property contains a wetland or associate buffer. The proposed house, utilities, and access are sited in
the least impact site placement; however, buffer averaging is still required. Pursuant to FWRC
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Shablevskiy Buffer Averaging 19-102396-00-UP / Doc. I.D. 79274
19.145.440(5), “Buffer Averaging,” 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.
5.Environmental Review – 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 wetlands or
on lands covered by water, which triggers SEPA under Washington State Administrative Code (WAC)
197-11-800.
6.Public Notice and Comment – The application was deemed complete on June 10, 2019, and a Notice
of Application was posted on June 14, 2019, with a public comment period ending July 1, 2019. Two
notice boards were posted at the subject property. In addition, notice was posted at each of the city’s
official notification boards, published in the Federal Way Mirror, and mailed to property owners in
residential zoning within 300 feet of the subject property. The comment period concluded on July 1,
2019.
Four comment letters were received. Comments discussed concerns of impacts to the wetland,
wildlife, driveways, and the surrounding quiet neighborhood with the addition of new housing. Many
of these topics are addressed below in subsequent sections of this report. A copy of the decision will
be mailed to all interested parties.
7.Wetland Buffer Averaging – The applicant has proposed intrusions within an identified Category II
wetland buffer. Category II wetlands with habitat scores of five require a 105-foot buffer. The
applicant submitted a January 23, 2020, Wetland and Stream Evaluation and Delineation Report and
Buffer Averaging Plan, prepared by Beaver Creek Environmental Services, Inc., and a May 20, 2020,
addendum to the report. 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 with a single-family residence, the applicant proposes wetland buffer averaging.
The city’s wetland constant, Landau Associate, Inc. (Landau), peer reviewed the above-mentioned
report. Landau prepared technical memorandums on July 19, 2019, and December 23, 2019, which
included deficiencies and required the applicant to address several comments. Beaver Creek
Environmental Services, submitted revised reports on October 22, 2019, and January 23, 2020. The
applicant has addressed all relevant comments. The house and associated utilities have been designed
to minimize adversely impacting the onsite wetland, stream, and associated buffers. The house size
was reduced to limit impact, and the orientation was changed to better fit outside the standard buffer.
The site is 95 percent constrained by wetland and their buffers. The buffer averaging is necessary to
accommodate the house. Landau concurs with the mapped wetland boundary and rating.
Pursuant to FWRC 19.145.440(5), “Buffer Averaging,” the director has determined the proposed
wetland buffer averaging requested for placement of a single-family house, with conditions, meets
intrusion criteria per 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 averaged down by 1,703 square feet around the house. To
capture equivalent square footage, at the northwest corner of the site, 2 307 square feet will be
Exhibit A – Findings for Project Approval Page 3 of 7
Shablevskiy Buffer Averaging 19-102396-00-UP / Doc. I.D. 79274
added to the buffer. The ratio of buffer average increase to buffer reduction is 1.4 to 1, well over the
required 1:1 ratio. The development will not result in a net loss of regulated wetland buffer area,
function, or value.
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 location of the buffer reduction area and the buffer addition area have similar
characteristics and functional qualities. The functional value is diminished in the reduced area and
enhanced in the additional area at comparable levels. The buffer averaging areas are the only
possible location for each feature. The result of the buffer averaging is a 40 percent increase in
habitat preserved over what is required.
c)The buffer at its narrowest point is not reduced to less than 75 percent of the required
width; and
Staff Response: Placement of the house will require a buffer reduction of 1,703 square feet, and
reduce the buffer to a minimum of 90 feet from the wetland boundary for the structure, and 80
feet from the wetland boundary for temporary construction impacts and the location of the split
rail fence. This is the minimum impact possible for siting a house on the site.
d)Unless authorized in writing by a consenting neighboring property owner, the averaging
will remain on the subject property.
Staff Response: In the northwest corner of the site, 2,307 square feet will be added to the exiting
buffer. The averaging will remain on the site.
The proposed wetland buffer averaging request meets the decisional criteria and is hereby approved
with the following minor modifications made as conditions of approval:
1)The buffer addition area along the northwest corner of the project site shall be planted with a
variety of native trees and shrubs common to the local area. These activities shall create a plant
community that protect and enhance the functions and value of the onsite stream/wetland,
provides wildlife habitats, and protects local water quality. A buffer averaging planting plan must
be submitted with the building permit application.
2)All onsite activities shall be monitored by the project biologist. 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.
3)A five-year monitoring program shall be undertaken following the successful completion of the
initial planting efforts to ensure the success of the buffer averaging planting plan. A series of
financial guarantees may also be implemented to ensure that the proposed work is completed and
is successful.
4)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 building area. This
Exhibit A – Findings for Project Approval Page 4 of 7
Shablevskiy Buffer Averaging 19-102396-00-UP / Doc. I.D. 79274
fencing shall be maintained serviceable throughout the construction of the proposed single-family
homesite.
5)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 home, with critical areas signage installed every 150
feet.
6)The established buffer shall be memorialized with a recorded “notice on title” or other protective
means.
8.Street Frontage Improvements – On January 11, 2019, the city’s Public Works Department received a
request to modify the required street frontage improvements along SW 345th Street (file #19-100218-
00-SM). After consideration, the request was denied on February 19, 2019. SW 345th Street is
classified as a Local Street, corresponding to Federal Way Roadway Section “W,” which requires a
28-foot paved roadway with curb and gutter, a 4-foot planter strip, 5-foot sidewalk, and 3-foot utility
strip within a 52-foot right-of-way. The existing right-of-way that fronts this parcel is unimproved.
Immediately to the east and west are an improved temporary cul-de-sac and dead-end section of SW
354th Street, respectively. It is clear that SW 354th Street is planned as a through street.
As a condition of development of the property, the applicant will be required to construct “half-street”
improvements along the property frontage. The half-street improvements shall be a 20-foot paved
roadway, curb and gutter, 4-foot planter strip with street trees, and 5-foot concrete sidewalk. The
improvements will be required to extend from the end of the cul-de-sac across that portion of the
subject property, a distance sufficient enough to allow for installation of a city standard driveway
approach that will align with the on-site driveway (which shall meet all city code require side yard
setback requirements), plus an additional five feet to the west of the approach, in order to transition
back to a sidewalk, planter, and curb and gutter section.
The applicant has executed and recorded a “Local Improvement District (L.I.D.) Waiver of Protest
Covenant.”
9.Stormwater – Surface water runoff control is required per the requirements of Appendix C –
Simplified Drainage Review – of the 2016 King County Surface Water Design Manual (KCSWDM).
The preliminary site plan indicates that three 150-foot Splash Blocks are proposed to control runoff
from the proposed new impervious surfaces associated with the single-family home (roof drains).
The Addendum to the Wetland and Stream Evaluation and Delineation Report & Buffer Averaging
Plan address the Splash Block impacts to the wetland. The roof drains are expected to change the
quantitative regime minimally, only increasing flow conveyance and increasing the periodic intake to
the wetland. The wetland drains to the city storm system. The Splash Blocks will not cause additional
erosion in the wetland buffer due to design, and have minimal impact on the functions of the wetland
and the buffer. 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.
10.Impact Fees – The total amount of the Transportation Impact Fee and School Impact Fee shall be
assessed and collected from the applicant when the building permit is issued, using the fee schedule
then in effect, per FWRC 19.100.070.
11.Water and Sewer – The applicant proposes to serve the single-family lot with a public water and sewer
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supply managed by the Lakehaven Water & Sewer District. The Certificates of Water and Sewer
Availability were issued by Lakehaven on February 26, 2019. The applicant will need to submit
applications to Lakehaven for any necessary water and/or sewer service connections. If road
extension/improvement of SW 354th Street right-of-way along the north side of the subject property is
required, then the applicant may need to extend sewer system facilities (Developer Extension
Agreement) to a point off the property’s northwest corner, or secure a temporary sewer service
connection (special service agreement, early-comer charges, etc.).
12.Fire – South King Fire & Rescue reviewed the proposal. The required fire flow for this project is 1000
gallons per minute for a residence not exceeding 3,600 square feet, including garage and covered areas.
The existing fire hydrant meets hydrant location requirements. Determination of requirements for
residential fire sprinklers, if any, are made at the time of the building permit application. Fire apparatus
access roads shall comply with all requirements of Fire Access Policy 10.006:
http://southkingfire.org/DocumentCenter/Home/View/24.
13.Director’s Decision Criteria – In addition to the criteria contained within FWRC 19.145.440(5), the
Director of Community Development makes a written decision on the application based on the
criteria listed under FWRC 19.65.100(2)(a):
a.The proposal is consistent with the comprehensive plan;
The FWCP designation for the subject property is Single Family – High Density. The FWCP
(Revised 2015) contains the following goal and policy:
o NEG2: Balance the protection of environmentally critical areas with rights of
property owners.
The applicant is requesting buffer averaging, there is no net loss in wetland buffer area, function,
or value. The house is a reasonable size and located to minimized impacts to the wetland buffer.
b.The proposal is consistent with all applicable provisions of the FWRC;
The project complies with all applicable provisions of the FWRC. The city has reviewed the
application pursuant to the zoning, critical areas, and other applicable provisions of FWRC Title
19. Assuming compliance with the conditions of approval, the project complies with all
applicable provisions and laws.
c.The proposal is consistent with the public health, safety, and welfare;
The project will not impact the stream or wetland as set forth above. 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
permit stage.
d.The streets and utilities in the area of the subject property are adequate to serve the
anticipated demand from the proposal;
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Shablevskiy Buffer Averaging 19-102396-00-UP / Doc. I.D. 79274
See the Street Frontage, Water & Sewer, and Storm Drainage sections of this report. The street
and utilities in the area of the subject property are adequate to serve a single-family residence on
the site.
e.The proposed access to the subject property is at the optimal location and configuration; and
Access to the site will be provided via new right-of-way located off SW 354th Street, and the
proposal has been revised to comply with code for the optimal location and configuration.
f.Traffic safety impacts for all modes of transportation, both on and off site, are adequately
mitigated.
See the Street Frontage section of this report. A traffic impact fee is required at time of building
permit. Traffic safety impacts for all modes of transportation, both on and off site, are adequately
mitigated.
14.Conditions of Approval – Based on the criteria above; recommendations provided by Landau; and the
January 23, 2020, Wetland and Stream Evaluation and Delineation Report and Buffer Averaging
Plan, prepared by Beaver Creek Environmental Services, Inc., and the May 20, 2020, addendum to
the report; the proposed wetland averaging request in order to construct one reasonably sized single-
family home is approved with the following conditions:
1)The applicant will be required to construct “half-street” improvements along the property
frontage. All frontage improvements shall be constructed prior to building permit Certificate of
Occupancy.
2)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.
3)The buffer addition area along the northwest corner of the project site 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 stream/wetland,
provides wildlife habitats, and protects local water quality. A buffer averaging planting plan must
be submitted with the building permit application.
4)All onsite activities shall be monitored by the project biologist. Final plant placements shall be
approved by the project biologist prior to installation. Following the completion of onsite planting
activities, an implementation/monitoring 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.
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 buffer averaging planting plan. A series of financial guarantees may also be
implemented to ensure that the proposed work is completed and is successful per FWRC
19.145.100.
6)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 building
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Shablevskiy Buffer Averaging 19-102396-00-UP / Doc. I.D. 79274
area. 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 Senior Planner Becky Chapin at
becky@cityoffederalway.com, or 253-835-2641, to schedule the inspection.
7)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 home with critical areas signage installed every 150
feet. A final inspection by the Planning Division is required to verify the split rail fence and
signage has been installed. Contact Senior Planner Becky Chapin at at
becky@cityoffederalway.com, or 253-835-2641, to schedule the inspection.
8)Prior to issuance of a Certificate of Occupancy, the applicant shall record with the King County
Recorder’s Office, a restrictive covenant and “notice on title” prepared by the city per FWRC
19.145.170.
15.As conditioned, the proposed Wetland Buffer Averaging Plan and application attachments have been
determined to be consistent with the FWCP, all applicable provisions of the FWRC, and all other
applicable city regulations. The proposed development is consistent with FWRC Chapter 19.65,
“Process III – Project Approval,” and FWRC 19.145.440(5), “Buffer Averaging.” 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: Senior Planner Becky Chapin Date: July 13, 2020