Shablevskiy ApprovalCOMMUNITY DEVELOPMENT DEPARTMENT 33325 8th Avenue South Federal Way, WA 98003-6325
253-835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
July 14, 2020
Ms. Tatyana Shablevskiy
2940 57th Avenue NE
Tacoma, WA 98422
taniashablevskiy@gmail.com
Re: File #19-102396-00-UP; PROCESS III “PROJECT APPROVAL”
Shablevskiy Wetland Buffer Averaging, Parcel #302104-9007, Federal Way, WA
Dear Ms. Shablevskiy:
The City of Federal Way has completed administrative review of the proposed Shablevskiy Wetland Buffer
Averaging, pursuant to Federal Way Revised Code (FWRC) 19.145.440(5), for a new single-family residence,
driveway, three 150-foot splash blocks, utility connections, and street improvements on parcel #302104-9007.
There are two on-site wetlands and associated buffers. The wetland buffer impacts are unavoidable and
minimized using buffer averaging. The wetland buffer is reduced by 1,703 square feet and buffer area added
by 2,307 square feet.
The Process III Master Land Use (MLU) application received May 16, 2019, with subsequent resubmittals
received on November 6, 2019, February 18, 2020, and May 27, 2020; 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 Wetland and Stream Evaluation and
Delineation Report & Buffer Averaging Plan prepared by Beaver Creek Environmental Services, Inc., are
hereby approved with conditions, based on the enclosed Exhibit A, Findings for Project Approval, incorporated
into this decision in full, and the following conclusions based on those facts:
1. The proposal is consistent with the comprehensive plan;
2. The proposal is consistent with all applicable provisions of the 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
6. Traffic safety impacts for all modes of transportation, both on and off site, are adequately
mitigated.
Ms. Tatyana Shablevskiy
Page 2 of 4
July 14, 2020
19-102396-00-UP Doc. I.D. 79275
The remainder of this letter outlines the land use review process required and conditions of approval. It
outlines procedures relating to appeals and approval periods for this decision. This land use decision does not
authorize initiation of construction activities.
REVIEW PROCESS
The site is within the Single-Family Residential (RS7.2) zoning district. A single-family residence is a
permitted use in this zone subject to the provisions of FWRC 19.200.010, “Detached Dwelling Unit.” Using
Process III, Project Approval, the city can administratively approve wetland buffer averaging, pursuant to
FWRC 19.145.440(5), “Buffer Averaging,” 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 wetlands or any lands covered by water.
CONDITIONS OF APPROVAL
Based on the criteria above, recommendations provided by the city’s wetland consultant Landau; 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 Wetland and Stream
Evaluation and Delineation Report & Buffer Averaging Plan prepared by Beaver Creek Environmental
Services, Inc., the proposed buffer averaging 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 completed 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
protect and enhance the functions and value of the onsite stream/wetland, provide wildlife habitat, and
protect 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.
Ms. Tatyana Shablevskiy
Page 3 of 4
July 14, 2020
19-102396-00-UP Doc. I.D. 79275
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 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.chapin@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 becky.chapin@cityoffederalway.com, or 253-835-2641, to
schedule the inspection.
8) Prior to issuance of a Certificate of Occupancy, the applicant shall record with King County Recorder’s
Office, a restrictive covenant and “notice on title” prepared by the city per FWRC 19.145.170.
BUILDING PERMIT REQUIREMENTS
This Process III land use decision does not constitute a building permit, authorize clearing/grading, or
preliminary site work activities. If you have any questions regarding the building permit submittal
requirements, please 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
July 17, 2020. 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 July 31, 2020. 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
Ms. Tatyana Shablevskiy
Page 4 of 4
July 14, 2020
19-102396-00-UP Doc. I.D. 79275
filing the appeal; and the appellant’s name, address, telephone number, fax number, and any other
information to facilitate communications with the appellant. Appeals are governed by process IV (Federal
Way Hearing Examiner).
REQUEST FOR CHANGE OF 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 land use decision 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 Senior Planner Becky Chapin at 253-835-
2641, or becky.chapin@cityoffederalway.com.
Sincerely,
Brian Davis
Community Development Director
Digitally Signed July 14, 2020 at 2:23 PM
enc: Exhibit A, Findings for Project Approval
Approved Wetland Buffer Averaging Plan
Single-Family Residential Checklist
Approved Site Plan
c: Becky Chapin, Senior Planner
Kevin Peterson, Senior Engineering Plans Reviewer
Sarady Long, Sn. Trans. Planning Engineer
Brian Asbury, Lakehaven Water & Sewer District
Chris Cahan, South King Fire & Rescue
King County Assessor’s Office, assessor.info@kingcounty.gov
Chaewoo Pak, Party of Record, cw.pak@hotmail.com
Sandy Walimaa, Party of Record, spud_chance@comcast.net
Kenny Lee, Party of Record, unileek@hotmail.com
Michelle Gridley, Party of Record, MGridley1@msn.com