Exhibit A Findings of Fact Lot 9043
EXHIBIT A
FINDINGS FOR PROJECT APPROVAL
Federal Way Revised Code (FWRC) FWRC Chapter 19.65, “Process III Project Approval,”
“Permanently altered buffer” per FWRC 19.145.270(4) and FWRC 19.145.440(4), “Stream crossing”
per FWRC 19.145.320, and “Intrusion into stream buffers,” per FWRC 19.145.330, “Reasonable use of
the subject property” per FWRC 19.145.090 for modification to “Development within wetland
buffers” per FWRC 19.145.440, subsection (6) “Buffer reduction with enhancement” and waiver of
“Building setback” per FWRC 19.145.160
Henry Lot 9043 Reasonable Use Request
File #20-104505-UP
The City hereby makes the following findings pursuant to the content requirements of the Process III written
decision as set forth in Federal Way Revised Code (FWRC) 19.65.100(4), FWRC 19.145.270(4), FWRC
19.145.440(4), FWRC 19.145.320, FWRC 19.145.330, FWRC 19.145.090, FWRC 19.145.160, and FWRC
19.145.440(6). These findings are based on review of existing city documents, recommendations from the city’s
wetland consultant, Landau Associates Inc. (Landau), and items submitted by the applicant received January 8,
2021, April 2, 2021, July 19, 2021, September 17, 2021 and November 2, 2021.
1. Proposal – The applicant is proposing a new single-family residence, driveway, and utility connections
on parcel #142103-9043. There are two on-site streams and a wetland located to the north and west
from SW 333rd Place. The wetland and stream buffers are 150 feet and 100 feet, respectively, and
buffer impacts are unavoidable as the stream buffer occupies the entire parcel. The project proposes
reasonable use within previously cleared areas on the lot.
No construction is proposed within the wetland or streams. The total wetland and stream buffer
impacts are 2,325 square feet (sq. ft.), including a 1,486 sq. ft. building footprint for the residence.
There is an existing gravel road that extends onto the subject property that has been determined to be
a permanently altered buffer that does not provide any buffer function. The applicant will be allowed
to improve the site with a paved driveway over the existing gravel road and within the clearing and
grading limits. The driveway will not extend into any of the mitigation areas. The total impervious area
will be calculated at the time of building permit since the roof area was not provided. The site access
will be via the east from SW 333rd Place. Utility connections require a stream crossing to the west.
Buffer enhancements are also proposed.
2. Site Condition – The 33,863 square foot (0.78-acre) site is currently vacant. Previously, the site contained
a manufactured home. The site terrain is generally flat and divided by a shallow drainage through the
middle, Joes Creek. There is a Category II wetland located throughout the site, with the south boundary
cutting across the site east to west and continues substantially offsite to the north, east, and west.
There are two streams present on site. The entire site is encumbered by stream buffers. Stream A is
identified as a stream which originates and flows on to the project site from the south. This feature is
identified as Joes Creek. This stream provides habitat for both anadromous and resident fish species
downstream of the site. Stream B originates a short distance southwest of the project site. Streams A
and B are designated as Type F streams by the applicant and Landau concurs with this designation.
Type F streams require a 100 ft. buffer from the Ordinary High-Water Mark (OHWM). Within the
project site, the wetland buffer is within the stream buffer.
3. Zoning and Comprehensive Plan - Zoning for the subject site is Single-Family Residential (RS 15.0).
Construction of a detached dwelling unit is a permitted use in this zone subject to the provisions of
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Federal Way Revised Code (FWRC) 19.200.010. The Federal Way Comprehensive Plan (FWCP) designation
for the subject site is Single Family – Medium Density.
4. Critical Areas Reports – The applicant submitted the following critical areas reports per FWRC
19.145.080.
o Wetland Report - Wetland and Drainage Corridors Evaluation & Delineation Report &
Conceptual Wetland Mitigation Plan Revision 3, dated November 2, 2021, prepared by Beaver
Creek Environmental Services Inc.
o Final Mitigation Plan - Final Mitigation Plan Rev 2, dated November 2, 2021, prepared by
Beaver Creek Environmental Services Inc.
The following documents are not critical areas reports, however they provide supplemental
information as part of the analysis for the above-mentioned decisions.
o Stormwater Narrative – Technical Memorandum Stormwater Requirements, revised October 29,
2021, prepared by Michelle Henry, PM Development, LLC
o TIR – Technical Information Report Surface Water Management, dated September 2, 2021
prepared by Michelle Henry, PM Development, LLC
The city forwarded these documents to our wetland consultant, Landau, for peer review. Landau staff
conducted a reconnaissance of the subject property on May 19, 2021, and agree with the delineated
boundary of the wetland, Stream A and Stream B as detailed in a Technical Memorandum dated June
7, 2021. In this Technical Memorandum, Landau requested the applicant update and correct the
wetland buffer from 165 ft. to 150 ft. and agreed with the 100 ft. stream buffers
Landau found that the sample plot data forms provided in accordance with FWRC 19.145.410(2)(c) as
part of the Wetland Report, included inaccurate information. Per a Landau Technical Memorandum
dated December 9, 2021, clarification on field observations of wetland hydrology indicators for all
sampling points are required and the following notes shall be addressed as a condition of approval:
(a) The National Wetlands Inventory (NWI) classification in the header on all data forms should be
noted as PFO1C or variation of none/not listed instead of PSSE. NWI mapping of the study area
provided on Figure 3 of the Wetland Report shows PFO1C wetland in portion of study area (scale
of the figure is not appropriate for confirming classification of the sample plot locations in relation
to the NWI mapped wetland).
(b) All data forms (with exception of Sampling Point SP 1W) include one or all responses for field
observations of surface water, water table, and saturation as “No” but with depths at 0 inches.
Providing depth of 0 inches implies indicators occur at ground level in contradiction to “No”
response and primary indicators responses.
(c) Form for SP 1U vegetation section contains errors or omissions and requires clarification.
Vegetation observed is not listed, whereas sapling/shrub cover is identified with 30% cover, notes
indicate 100% bare ground, and dominance test worksheet notes 100% dominant species of OBL,
FACW, or FAC species.
(d) Form for Sampling Point SP 1W:
i. The soil profile described does not satisfy the black histic or thick dark surface
indicators selected. Landau’s Technical Memorandum dated May 19, 2021 field
observations identified loamy mucky mineral soils in the vicinity of the sampling
point.
ii. Based on wetland hydrology indicators selected and field observations noted, the
response to question regarding Wetland Hydrology Present? should be “Yes” instead
of “No.”
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5. Review Process –The critical areas reports demonstrate, and the peer review from Landau confirms, that
the property is completely encumbered by a stream buffers and a majority of the site is encumbered
by a wetland buffer.
Development of a single-family home on the subject property requires the City to make a written
decision on the following activities:
(a) Buffer reduction with enhancement – The city will review and decide upon buffer reductions using
process III in Chapter 19.65 FWRC, based on the criteria per FWRC 19.145.440(6)(a)-(f). Buffers
may be reduced by up to 25 percent on a case-by-case basis if the project includes a buffer
enhancement plan that clearly substantiates that an enhanced buffer will improve and provide
additional protection of wetland functions and values per FWRC 19.145.440(6).
(b) Stream Buffer Intrusion – The city will review and decide upon stream buffer intrusions using process
III in Chapter 19.65 FWRC, pursuant to the review criteria contained in FWRC 19.145.330(3)(a)-
(f) including a buffer enhancement plan to demonstrate that the remaining and enhanced buffer
will function at an equivalent or higher level than the standard buffer. The enhancement plan shall
address criteria provided in FWRC 19.145.330(2) (a)-(e).
(c) Stream crossing – The City will review and decide upon the proposed stream crossing for sewer
service using process III in Chapter 19.65 FWRC, based on the criteria per FWRC 19.145.320
including a stream buffer enhancement plan.
(d) Permanently altered buffer – The director may provide written approval for a stream and wetland
buffer reduction when existing conditions are such that portions of the required buffer exist in a
permanently altered state (e.g., roadways, paved parking lots, and permanent structures) and do
not provide any buffer function. The buffer may be reduced up to the area where the altered
conditions exist per FWRC 19.145.440(4) and FWRC 19.145.270(4).
(e) Building setbacks – Pursuant to FWRC 19.145.160 only landscaping, building overhangs, and fences
and railings six feet or less in height are within the five-foot building setback from the edges of a
critical area buffer(s). Structures such as single-family residences are not permitted within the
building setback be set back a distance of five feet from the edges of a critical area buffer(s).
For the activities proposed which cannot meet the requirements and decisional criteria above and as a
result would prevent the applicant from reasonable use of the property, the applicant can apply to
waive or modify such provisions from Chapter 19.145 through a “Reasonable use of the subject
property,” application reviewed under Use Process III, Project Approval per FWRC 19.145.090(2). The
director makes a written decision on the application based on the criteria listed under FWRC
19.145.090 and FWRC 19.65.100.
6. Public Notice and Comment – The application was deemed complete for processing on January 27, 2021,
and a Notice of Application was published on January 29, 2021. The notice was posted at the subject
property, posted on the City website, published in the Federal Way Mirror, and mailed to property
owners within 300 feet of the subject property. The comment period concluded on February 16, 2021.
Four public comments were received. Comments discuss water on the property, drainage, erosion,
stormwater, critical areas, and wildlife. These topics are addressed below in subsequent sections of this
report. The applicant also resubmitted project materials on April 2, 2021, including a written response
to public comments received (enclosed). A copy of the decision will be mailed to all interested parties.
7. Environmental Review – The project is subject to environmental review under the State Environmental
Policy Act (SEPA) as the proposed development will be undertaken partly on lands covered by water
pursuant to Washington Administrative Code (WAC) 197-11-800(1)(a)(i) and FWRC Title 14
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“Environmental Policy”, for the stream crossing for the utility that will serve the subject property. The
city issued a Determination of Nonsignificance (DNS) on July 16, 2021 (file #21-100014-SE). The
appeal period ended August 23, 2021, with no appeals submitted; therefore, the determination has
become final.
8. Reasonable Use of the Subject Property – The provisions of FWRC 19.145.090, “Reasonable use of the
subject property,” establish a mechanism whereby the provisions of the critical areas code may be
modified or waived on a case-by-case basis if their implementation would deprive an applicant of all
reasonable use of the subject property.
If the City grants a request under this section, it shall grant the minimum necessary to provide the
applicant with some reasonable use of the subject property. Any approval or waiver of requirements
shall result in the minimum possible impacts to the function and values and/or risks associated with
proposed improvements on affected critical areas to the maximum wetland buffer reduction is required
FWRC 19.145.090(4).
The City may approve a modification or waiver of the requirements of this chapter on a case-by-case
basis based on the criteria per FWRC 19.145.090(3)(a)-(e):
(a) The application of the provisions of this chapter eliminates all reasonable use of the subject property.
Staff Response –The site contains a wetland and two streams and is entirely encumbered by stream
buffers and the wetland buffer, which encumbers most of the property. The wetland buffer and
stream buffers completely encumber the access to the lot, via the east from SW 333rd Place. The
location of the streams and wetland further restricts where development on the site can occur and
create barriers for development. The location for the house is limited to the portion of the site closest
to the access from SW 333rd encumbered by both wetland and stream buffers. Implementation of
the two code sections below would deprive the applicant of all reasonable use of the subject property
qualify for a reasonable use exemption:
I. Buffer reduction with enhancement – The implementation of FWRC 19.145.440(6) would
prevent the applicant from developing a single-family residence. Pursuant to FWRC
19.145.440(6) buffers may be reduced by up to 25 percent on a case-by-case basis if
the project includes a buffer enhancement plan that clearly substantiates that an
enhanced buffer will improve and provide additional protection of wetland functions
and values. A modification to FWRC 19.145.440(6) is necessary for reasonable use of
the property to be developed with a reasonable sized house. The 25 percent maximum
buffer reduction provision of FWRC 19.145.440(6) is waived and all other provisions
still apply. The applicant is still required to meet the approval criteria (a)-(f).
II. Building setbacks - The implementation of FWRC 19.145.160 would prevent the
applicant from developing a single-family residence on the subject property. Pursuant
to FWRC 19.145.160 only landscaping, building overhangs, and fences and railings
six feet or less in height are within the five-foot building setback from the edges of a
critical area buffer(s). Structures such as single-family residences are not permitted
within the building setback be set back a distance of five feet from the edges of a
critical area buffer(s). Considering the location of the wetland and streams on the
subject property and the extent of their respective buffers and site access, there is no
feasible location on the subject property for the proposed single-family residence to
be located 5 feet from the edge of the critical area buffers. A waiver of this provision
in its entity is required to approve the development of a single-family residence on
the subject property.
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This criterion is met.
(b) No feasible and reasonable on-site alternatives to the proposal are possible, such as changes to site
layout and/or reduction of impervious improvements.
Staff Response –The location of the streams and wetland, required buffers, and access to the site do
not provide the opportunity for a site layout alternative that would greatly reduce the buffer impacts
any further than what is proposed. The proposed building footprint is 1,486 sq. ft., less than the
1,600 sq. ft. maximum. The applicant submitted a request for an administrative variance to reduce
the front yard setback by 25 percent per FWRC 19.45.015. The request for administrative variance
can only be granted if it meets the criteria per FWRC 19.45.030. On July 19, 2021, the applicant
submitted a letter rescinding the request for administrative variance from the 20-foot required front
yard setback standard.
The 1,486 sq. ft. building footprint is a reasonable footprint for the single-family home. The site
cannot have a 1,486 sq. ft. foundation and then a deck or any floor bump-outs beyond that, this is a
condition of approval. This criterion is met.
(c) It is solely the implementation of this chapter, and not other factors, that preclude all reasonable use
of the subject property.
Staff Response – It is the wetland and stream buffers that precludes all reasonable use of this property
and not any other factors. This criterion is met.
(d) The applicant has in no way created or exacerbated the condition that forms the limitation on the
use of the subject property, nor in any way contributed to such limitation.
Staff Response –The applicant has not created, exacerbated, nor contributed to the condition that
forms the limitation on the use of the subject property. The peer reviewed critical areas reports have
verified that the wetland and stream buffers are 150 feet and 100 feet respectively and buffer impacts
are unavoidable as the stream buffers occupy the entire parcel. This criterion is met.
(e) The waiver or modification will not lead to, create nor significantly increase the risk of injury or death
to any person or damage to improvements on or off the subject property.
Staff Response – Development in accordance with adopted zoning, building, fire, and civil design
(including storm drainage, grading, and erosion control) codes, along with implementation of buffer
enhancement will ensure the project will not lead to, create, nor significantly increase the risk of
injury or death to any person, or damage to improvements on or off the subject property. This
criterion is met.
9. Wetland Buffer Development – The lot is 33,863 sq. ft. The onsite Category II wetland covers 5,320 sq. ft
of the lot and the 150-wetland buffer covers 26,122 sq. ft. of the lot. The buffer impacts are unavoidable
as it encumbers a majority of the site and particularly along the front property line where vehicular
access to the site is obtained from SW 333rd Place.
Portions of the wetland buffer are currently developed with an impervious surface. Previously the site
was developed with a nonconforming manufactured home and a gravel driveway that provided access
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to the site from SW 333rd Place. The manufactured home has since been removed but the gravel
driveway remains on and off the site.
Landau concluded in a Technical Memorandum dated October 22, 2021, that the existing gravel
roadway does not provide any buffer function and that the road is a permanently altered buffer per FWRC
19.145.440(4). The wetland and the wetland buffer encumber a majority of the site. The Director
approves reducing the wetland buffer up to, and only, the area where altered conditions exists as
reviewed by Landau. The wetland buffer area will be decreased by 1,025 sq. ft.
According to the Impacts Assessment from the Wetland Report, the total wetland buffer impact is
2,325 sq. ft. and includes a 1,486 sq. ft. single-family residence building footprint, and 614 sq. ft,
driveway. Improvements to the site also include a 1,515 sq. ft. stormwater natural vegetation flow path
(NVFP) along the front property line.
However, Sheet 1 and 2 of the Stream Buffer and Wetland Buffer Map attached to the Final Mitigation
Plan labels clearing and grading limits in the plan view as 3,350 sq. ft., appearing to include the area
that is identified as the permanently altered buffer area. An updated Stream Buffer and Wetland Buffer
Map with the correct total area of clearing and grading/buffer intrusion shall be submitted when
applying for a building permit. This shall be a condition of approval.
As part of the Reasonable Use of the Subject Property analysis in section 8 above, the provision for FWRC
19.145.440(6), “Buffer reduction with enhancement”, that allow up to 25 percent reduction in buffer
is waived, as it is not possible for any proposal to meet the standard. However, the remaining provisions
per FWRC 19.145.440(6) and approval criteria still apply.
The Wetland Report and the Final Mitigation Plan and supplemental information from the Stormwater
Narrative, and TIR document the required buffer enhancements. Based on Landau’s professional
recommendation, the Director find that the proposed wetland buffer reduction and buffer
enhancement plan meets the criteria per FWRC 19.145.440(6)(a)-(f) to reduce the wetland buffer as
analyzed below.
(a) It will not adversely affect water quality;
Staff Response – Per the Impact Assessment in the Wetland Report, full dispersion methods will be used
in treating and controlling stormwater runoff from the site development as shown on the engineering
plans. The project design sends runoff to dispersion trenches with natural vegetated flow paths to
fully disperse runoff from impervious surfaces in meeting the requirements of the King County
Surface Water Design Manual for both flow control and water quality within the buffer of critical
areas. Water quality will not be adversely affected by this proposal to reduce the required buffer. This
criterion has been met.
(b) It will not adversely affect the existing quality of the wetland or buffer wildlife habitat;
Staff Response –Wildlife habitat will not be adversely affected by this proposal to reduce the required
buffer width. To protect the values and function of the wetland, permanent fencing will be placed
at the outer edge of the impacts to the critical area buffers.
The project biologist will observe and consult with construction crews during construction to
ensure compliance with best management practices during the excavation of the buffer area. This
shall be a condition of approval. This criterion has been met.
(c) It will not adversely affect drainage or stormwater retention capabilities;
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Staff Response –The project proposes enhancing areas within the buffer, as a result, the proposal
will not adversely affect drainage or stormwater retention capabilities. Per the Stormwater
Narrative, “the enhanced buffer areas are for full dispersion per the KCSWDM best management
practices (BMP) for flow control and water quality using naturally vegetated flow paths (NVFP).”
Drainage and stormwater conditions will not be adversely affected by this proposal to reduce the
required buffer. This criterion has been met.
(d) It will not lead to unstable earth conditions nor create erosion hazards;
Staff Response –The Mitigation Program outlined in the Final Mitigation Plan, Stormwater Narrative
and TIR includes measures to address erosion and unstable earth condition concerns from short-
term construction disruption and long-term impacts from development including measures such
as, silt fencing during site preparation and buffer enhancement, retention of all possible existing
vegetation and planting of new vegetation. Unstable earth conditions nor erosion hazards will not
be created by this proposal to reduce the required buffer. This criterion has been met.
(e) It will not be materially detrimental to any other property or the city as a whole; and
Staff Response –The proposal was designed to comply with the provisions of FWRC 19.145.130
“Mitigation sequencing.” The proposal utilizes the KCSWDM for best management practices
(BMPs) for flow control and water quality and provides short-term and long-term measures for
maintenance in the Mitigation Program and Vegetation Maintenance Plan outlined in the Mitigation Plan
to avoid materially detrimental impacts to other properties and the city as a whole. This criterion
has been met.
(f) All exposed areas are stabilized with native vegetation, as appropriate.
Staff Response – This criterion has been met. The Final Mitigation Plan describes activities and
establishes performance measures to ensure exposed areas are stabilized with native vegetation
with a scrub/shrub vegetation class within five years following initial planting.
The project biologist shall also be responsible for ensuring that the species and sizes of native
plants selected are utilized during initial planting. This shall be a condition of approval.
10. Permanently Altered Buffer – The portion of the site proposed for the development of the single-family
house and site improvements is encumbered completely by the wetland and stream buffers. The
impacts to the stream buffers are identical to the impact described in section 9 Wetland Buffer
Development, above, for the wetland buffer. The findings described in section 9 Wetland Buffer Development
in regards to the permanently altered buffer also apply to the stream buffer per FWRC 19.145.270(4).
The Director approves reducing the stream buffer up to the area where the altered condition exists per
FWRC 19.145.270(4).
11. Stream Buffer Intrusion – Pursuant to FWRC 19.145.330, stream buffer intrusions are reviewed and
decided upon using a process III and may be permitted with a buffer enhancement plan. The
information provided in the Stormwater Narrative and TIR, in addition to the information found in
the Wetland Report, and the Final Mitigation Plan provide an assessment of the existing functions and
conditions of the habitat, water quality, stormwater retention capabilities, groundwater recharge, and
erosion protection on the subject property for the proposal. Staff has provided the following analysis
to evaluate the effects of the proposed modification to those functions evaluated per FWRC
19.145.330 for intrusion into the stream buffers:
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(a) It will not adversely affect water quality.
Staff Response –. The impact to the wetland and stream buffer are identical. See response to section
9(a) of Wetland Buffer Development section. This criterion has been met
(b) It will not adversely affect the existing quality of wildlife habitat within the stream or buffer area;
Staff Response –The impact to the wetland and stream buffer are identical. See response to section 9(b)
of Wetland Buffer Development section. This criterion has been met.
(c) It will not adversely affect drainage or stormwater retention capabilities.
Staff Response –The impact to the wetland and stream buffer are identical. See response to section 9(c)
of Wetland Buffer Development section. This criterion has been met.
(d) It will not lead to unstable earth conditions nor create erosion hazards.
Staff Response –The impact to the wetland and stream buffer are identical. See response to section 9(d)
of Wetland Buffer Development section. This criterion has been met.
(e) It will not be materially detrimental to any other property in the area of the subject property nor
to the city as a whole; and
Staff Response –The impact to the wetland and stream buffer are identical. See response to section 9(e)
of Wetland Buffer Development section. This criterion has been met.
(f) It is necessary for reasonable development of the subject property.
Staff Response –. The site contains two streams and is entire encumbered by stream buffers. The
proposal is for a single-family residence of reasonable size with a building footprint of 1,486 sq. ft.
This criterion has been met
Decision: Allowed. Pursuant to FWRC 19.145.330 stream buffer intrusions may be allowed and decided upon
through a use process III application per Chapter 19.65 FWRC. Pursuant to the analysis above, the Director
approves the stream buffer intrusion for the single-family residence and site improvements as proposed.
12. Stream Crossing – Stream crossings may be allowed and may encroach on the required stream buffer if
the stream crossing meets the decisional criteria and design requirements of FWRC 19.145.320. The
project requires a sanitary sewer extension across Stream A to connect to the existing public sewer
adjacent to the subject property to the west as shown on the Road and Utility Plans (page 6 of the Plan
Set). There will be no in water work. The pipeline will be directionally bored to minimize impacts to
the Stream A and surrounding vegetation. The bore pit will be located approximately 250 feet away
from the location of the stream crossing outside of the stream buffer. Staff has provided the following
analysis of the criteria:
(a) Bridges, stream simulation culverts, or other appropriate methods demonstrated to provide
fisheries protection shall be used for stream crossings and the applicant shall demonstrate that
such methods and their implementation will pose no harm to the stream habitat or inhibit
migration of fish;
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Staff Response –The proposed stream crossing method is the installation of a new pipeline that will
cross Stream A at a minimum depth of 4-ft below the bottom scour of the stream bed. The entire
extension of new sewer is approximately 450 feet long and will be continuously bored. The peer
reviewed Wetland Report identifies the boring method to be non-invasive trenchless construction
that will not adversely impact the stream or existing habitat. This criterion is met.
(b) All crossings are constructed during the summer low flow and are timed to avoid stream
disturbance during periods when use is critical to salmonids, if present;
Staff Response –The proposed stream crossing method is the installation of a new pipeline that will
cross Stream A at a minimum depth of 4-ft below the bottom scour of the stream bed. The entire
extension of new sewer is approximately 450 feet long and will be continuously bored. The peer
reviewed Wetland Report identifies the boring method to be non-invasive trenchless construction
that will not adversely impact the stream or existing habitat. In-water work is not proposed; this
criterion is met.
(c) Crossings do not occur over spawning areas used by salmonids unless the City determines that no
other possible crossing site exists;
Staff Response –The proposed stream crossing method is the installation of a new pipeline that will
cross Stream A at a minimum depth of 4-ft below the bottom scour of the stream bed. No work
is proposed within the water; this criterion is met.
(d) Bridge piers or abutments are not placed within the ordinary high-water mark;
Staff Response –Bridge piers or abutments are not proposed. . No work is proposed within the
ordinary high-water mark; this criterion is met.
(e) Crossings are consistent with design requirements of the Washington Department of Fish and
Wildlife (WDFW, 2013, Water Crossing Design Guidelines, as amended);
Staff Response –The proposed stream crossing method is the installation of a new pipeline that will
cross Stream A at a minimum depth of 4-ft below the bottom scour of the stream bed. No work
is proposed within the water. In addition, the stream crossing for the sewer line requires a
Hydraulic Project Approval (HPA) permit from the Washington Department of Fish and Wildlife.
The HPA permit was approved on July 29, 2021, under permit number 2021-4—518-01. This
criterion is met.
(f) Underground utility crossings are laterally drilled and located at a depth of four feet below the
maximum depth of scour for the base flood predicted by a civil engineer licensed in the state of
Washington. Temporary bore pits to perform such crossings may be permitted within the stream
buffer established in this chapter;
Staff Response – The proposed underground utility stream crossing method is to install a new
pipeline that will cross Stream A at a minimum depth of 4-ft below the bottom scour of the stream
bed. Pursuant to Stream Buffer and Wetland Buffer Map, Sheet 1 of 2 from the Final Mitigation
Plan, the creek bottom is located at elevation 244.99’ and the sewer pipe is at elevation 240.99’.
The stream crossing for the sewer line requires an HPA permit from the Washington Department
of Fish and Wildlife. The HPA permit was approved on July 29, 2021, under permit number 2021-
4—518-01. This criterion is met.
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(g) The number of crossings is minimized and consolidated to serve multiple purposes and properties
whenever possible;
Staff Response – The proposed underground stream crossing will provide the subject property with
sewer service and eventually serve additional residential lots. Therefore, the number of stream
crossings is minimized by serving multiple properties from one underground utility stream
crossing. This criterion is met.
(h) Disturbances to the stream buffer are adequately compensated by a stream buffer enhancement
plan; and
Staff Response – There will be no surface disturbance of the stream buffer related to the underground
stream crossing. The bore is located outside of the stream buffer. See Sheet 1 of the Stream Buffer
and Wetland Buffer Map from the Final Mitigation Plan dated November 3, 2021 (page 27). This
criterion is met.
(i) No reasonable alternative exists to access the subject property.
Staff Response – The environmental conditions and points of access on site impact the opportunities
for utility service on the site. The stream crossing is to provide sewer service to the subject property
not to provide vehicular or pedestrian access to the site. This criterion is met.
Decision: Allowed. Pursuant to FWRC 19.145.320 stream crossings may be allowed and decided upon
through a use process III application per Chapter 19.65 FWRC. Pursuant to the analysis above, the
Director approves the stream crossing to provide sewer service to the subject property.
13. Transportation Concurrency– As a component of the Use Process III application, projects undergo
transportation concurrency analysis according to the state’s Growth Management Act (GMA); goals
and policies of the FWCP; and FWRC Chapter 19.90, “Transportation Concurrency Management.”
The city’s Traffic Division reviewed the concurrency application and determined that all intersections
impacted by one or more weekday evening peak hour trips will meet the city’s Level of Service
standards with programmed improvements. A Capacity Reserve Certificate was issued on February 8,
2021, for the development of one single-family lot. The number of new PM peak hour vehicle trips
generated by the project is 1.
14. Transportation Impact Fee – A transportation impact fee is required and will be calculated based on the
fee schedule in effect at the time a building permit application is filed and must be paid before permit
issuance, per FWRC 19.100.070.
15. Street Frontage Improvements – The applicant submitted a modification request to the Public Works
Department to waive the required street frontage improvements along SW 333rd Place. After review
and consideration, the request was conditionally approved on May 19, 2020. As a result, the applicant
is required to improve the private access road as follows:
(a) Within the existing 15’ easement, a 10’ paved road with 2-3’ gravel shoulder on both sides, or 5’
gravel shoulder on one side;
(b) Provide a 25’ easement with 20’ paved road across the applicant’s adjacent properties to the east
of the subject property (other two lots under their control) per Dwg. No. 3-2DD;
(c) Trim the overgrown shrubs along the easement to meet sight distance.
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16. Stormwater– At the time of Land Use application, the project was subject to the design requirements of
a Simplified Drainage Review of the 2016 King County Surface Water Design Manual (KCSWDM). Since
then and effective December 12, 2021, the City adopted the 2021 KCSWDM and City Addendum,
therefore the applicant is required to design the stormwater systems to the Simplified Drainage
Requirements of the 2021 KCSWDM. The drainage assessment and preliminary site plan indicates that
basic dispersion is proposed to control runoff from the proposed new impervious surfaces associated
with the single-family home (rooftop and driveway). 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. It is not anticipated that the change from the 2016 KCSDM to the 2021
KCSWDM will require significant revisions (if any) to the original design proposal for storm water
runoff.
17. Water and Sewer – On January 8, 2021 the applicant submitted a Certificates of Water Availability and
Sewer Availability.
This property is located within the water service area boundary of Tacoma Water. The Certificate of
Water Availability (application number 20000217279) is dated December 18, 2020 and establishes that
currently there is no auxiliary source of water on the parcel. Water service will be provided by direct
connection to an approved existing water main from Hoyt Road SW. The water service will be made
available after the applicant meets the requirements for service and upon receipt of applicable permits
from Tacoma Water.
This property is located within the sewer service area boundary of Lakehaven Water & Sewer District
(LWSD). The Certificate of Sewer Availability is dated September 28, 2020. The applicant proposes a
1¼” HDPE shared-use grinder pump sewer service line that will serve the subject property and the
adjacent two lots. This work will be done under Lakehaven’s standard service connection
application/installation process.
In lieu of the requirement for a LWSD Developer Extension (DE) Agreement, LWSD will allow
temporary sewer service connections for the subject property (and adjacent (maximum of 2)
properties). Such sewer service connection(s) will be subject to owner’s acquisition of any private
sewer/utility easement on adjacent property (if necessary), execution of a Temporary Service
Agreement, and payment of temporary service (early comer) charges assessed with the sewer service
connection application. A separate LWSD Sewer Service Connection Permit is required for each new
connection to the sanitary sewer system, in accordance with standards defined in LWSD’s current Fees
and Charges Resolution.
18. Fire – South King Fire & Rescue reviewed the proposal and provided the following comments. The
required fire flow for this project is 1,000 gallons per minute for a residence not exceeding 3,600 square
feet including garage and covered areas. A Certificate of Water Availability including a hydraulic fire
flow model shall be requested from the water district and provided at the time of building permit
application. A hydraulic fire flow model is required for single family residences that exceed 3,600 square
feet including garages and covered areas. Existing fire hydrant meets hydrant location requirements.
Fire apparatus access roads shall comply with all requirements of Fire Access Policy 10.006
http://southkingfire.org/DocumentCenter/Home/View/24. Access to lot is less than 20 feet wide
and an approved turnaround is not provided. Fire sprinklers are required due to limited access and no
approved turnaround.
19. Director’s Decision Criteria – In addition to the criteria contained within FWRC 19.145.090(3), the director
makes a written decision on the application based on the criteria listed under FWRC 19.65.100(2)(a):
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(a) The proposal is consistent with the comprehensive plan;
The FWCP designation for the subject property is Single Family – Medium 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.
o NEP17: Continue the practice of providing a process for reasonable use exception when the
implementation of environmentally critical areas regulations deprives a property owner of all
reasonable use of their property.
The applicant is requesting a Reasonable use of the subject property per FWRC 19.145.090, to
modify the provisions for buffer reduction with enhancement per FWRC 19.145.440(6) and waive
building setback per FWRC 19.145.160.
The applicant is also requesting approval for stream buffer intrusion per FWRC 19.145.330, stream
crossing per FWRC 19.145.320, permanently altered buffer per FWRC 19.145.440(4) and FWRC
19.145.270(4).
(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 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 Community Development and Public Works Departments, along with Tacoma Water,
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/engineering permit stage.
(d) The streets and utilities in the area of the subject property are adequate to serve the
anticipated demand from the proposal;
See the Street Frontage, Water & Sewer, and Stormwater 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 SW 333rd Place, and is at the optimal location and
configuration.
(f) Traffic safety impacts for all modes of transportation, both on and off site, are adequately
mitigated.
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The project involves development of one single-family residence. Also see the Transportation-related
sections of this report.
20. Conditions of Approval – The following conditions of approval are attached to the Process III decision:
1) Prior to, and for the duration of, construction activity, the applicant must install temporary
construction fencing containing silt screening fabric as proposed in the Final Mitigation Plan.
2) Prior to issuance of a building permit, the critical area buffer fence and split rail fence location
shall be reflected on all applicable building permit plans.
3) Prior to issuance of a Certificate of Occupancy, the split rail fence and signage every 150 feet must
be installed. A final inspection by the Planning Division is required to verify the split rail fence and
signage is installed per the Final Mitigation Plan. Please contact Chaney Skadsen, Senior Planner,
at 253-835-2644, to schedule the inspection.
4) Prior to issuance of a building permit, the applicant shall submit an updated Wetland
Determination Data Forms correcting the responses for field observations of surface water, water
table, and saturation as noted in Section 4. Critical Areas Reports of the Findings of Fact and the
December 9, 2021 Technical Memorandum from Landau.
5) Prior to issuance of a building permit the applicant shall submit an updated Mitigation Plan that
accurately labels the clearing and grading limits on the Stream Buffer and Wetland Buffer Map.
6) Prior to issuance of a Certificate of Occupancy, the applicant must record with King County
Recorder’s Office, a restrictive covenant approved by the City. The covenant will state that no land
surface modification may take place and no structure or improvement may be located in the
wetland, streams, or respective buffers.
7) Prior to issuance of a building permit, a series of financial guarantees shall be provided to ensure
that the proposed wetland and buffer enhancement work is completed and is successful
(performance and monitoring).
8) Prior to issuance of a Certificate of Occupancy, the project biologist shall ensure that the species
and sizes of native plants selected are utilized during initial planting and are 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-site wetland, provides wildlife habitats, and protects
local water quality.
9) All on-site activities shall be monitored by the project biologist or landscape architect. The project
biologist shall observe and consult with construction crews during construction to ensure
compliance with best management practices during the excavation of the buffer areas. 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.
10) 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 buffer enhancement program.
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11) Prior to issuance of a building permit, the proposed single-family residence footprint shall be
verified to not exceed the approved 1,486 sq. ft.. The site cannot have a 1,486 sq. ft. foundation
and then a deck or any floor bump-outs beyond that.
CONCLUSION – As conditioned, the proposed development is consistent with the decisional criteria required
under FWRC Chapter 19.65, “Process III Project Approval”, FWRC 19.145.090 “Reasonable use of the subject
property,” FWRC 19.145.440 “Development within wetland buffers” subsection (4) “Permanently altered
buffer,” and (6) “Buffer reduction with enhancement,” FWRC 19.145.160, “Building setbacks” per
“Permanently altered buffer” per FWRC 19.145.270(4), “Stream crossing” per 19.145.320, “Intrusion into
stream buffers,” per FWRC 19.145.330.
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, Chaney Skadsen Date: February 18, 2022