Approval Letter - Henry Lot 9069COMMUNITY DEVELOPMENT DEPARTMENT
33325 8th Avenue South
Federal Way, WA 98003-6325
253-835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
April 25, 2022
Michelle Henry
P & M Development LLC
35001 NE 147th Avenue
Yacolt, WA 98675
p.m.development@outlook.com
Re: File #21-100016-00-UP; Approval Letter
Henry Reasonable Use – Lot 9069, No Address Parcel Number 142103-9069
Dear Ms. Henry:
The City of Federal Way has completed the administrative review of the proposed Reasonable Use Request
pursuant to Federal Way Revised Code (FWRC) 19.145.090 for a new, single-family residence, driveway, and
infiltration trench on parcel #142103-9069. There is an on-site wetland and two off-site streams. The wetland
and stream buffers are 150 feet and 100 feet, respectively, and buffer impacts are unavoidable as the wetland
buffer occupies the entire parcel.
No construction is proposed within the wetland or streams. The total intrusion to the wetland is 3,170 square
feet (sq. ft.), including a 1,563 sq. ft. building footprint for the residence. Since the stream buffer encumbers
less area, the proposed site development will only intrude 1,060 sq. ft. into the stream buffer.
There is an existing gravel road that extends across the subject property that has been determined to not provide
any wetland buffer function, as a result is a permanently altered wetland buffer. The applicant will be allowed
to improve the site with a paved driveway within the clearing and grading limits. 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 from
SW 333rd Place to the south. Buffer enhancements are also proposed.
The Process III application received January 8, 2021, with resubmittals received April 2, 2021, July 19, 2021,
September 17, 2021, and November 2, 2021, the November 2, 2021, Wetland and Drainage Corridors
Evaluation & Delineation Report & Conceptual Wetland Mitigation Plan Revision 3, prepared by Beaver Creek
Environmental Services Inc., and the November 2, 2021, Final Mitigation Plan Rev 2, prepared by Beaver Creek
Environmental Services Inc., the October 29, 2021 Technical Memorandum Stormwater Requirements,
prepared by Michelle Henry, PM Development, LLC, and the September 2, 2021 Technical Information Report
Surface Water Management, prepared by Michelle Henry, PM Development, LLC submitted for the following
decisions:
• “Reasonable use of the subject property” per FWRC 19.145.090
• “Building setbacks” per FWRC 19.145.160
• “Intrusion into stream buffers,” per FWRC 19.145.330
• “Development within wetland buffers” per FWRC 19.145.440
• “Permanently altered buffer” per FWRC 19.145.440(4)
• “Buffer reduction with enhancement” per FWRC 19.145.440(6)
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 are based on those facts.
COMMUNITY DEVELOPMENT DEPARTMENT
33325 8th Avenue South
Federal Way, WA 98003-6325
253-835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
1. The proposal is consistent with the comprehensive plan;
2. The proposal is consistent with all applicable provisions of Federal Way Revised Code (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.
The remainder of this letter outlines the land use review process required, conditions of approval, and
outlines procedures relating to appeals and approval periods for this decision. This land use decision does not
authorize initiation of construction activities.
REVIEW PROCESS REQUIRED
The site is within the residential Single-Family (RS 15) zoning district. Detached dwelling units are permitted in
this zone subject to the provisions of FWRC 19.200.010. The site contains streams a wetland and their
respective buffers, therefore, the site is subject to the provisions of FWRC 19.145 Environmentally Critical
Areas.
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 the city’s 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:
1. 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
COMMUNITY DEVELOPMENT DEPARTMENT
33325 8th Avenue South
Federal Way, WA 98003-6325
253-835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
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).
2. 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.
3. 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.
4. 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.”
In order to allow development of a single-family home on the subject property, the Community Development
Director or designee (“director”) must 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) Permanently altered buffer – The director may provide written approval for a 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).
(d) 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 and must be set back a distance of five feet from the edges of a critical area
buffer(s).
For the activities proposed above 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 incorporates in this
COMMUNITY DEVELOPMENT DEPARTMENT
33325 8th Avenue South
Federal Way, WA 98003-6325
253-835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
decision the written decision on the application based on the criteria listed under FWRC 19.145.090 and FWRC
19.65.100.
(e) Reasonable use of the subject property – Implementation of the two code sections below would deprive
an applicant of all reasonable use of the subject property and would 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, specifically
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 located within the five-foot building setback from the edges of a critical area
buffer(s). Structures such as single-family residences and structures over 6 feet in height
are not permitted within the building setback and will be set back a distance of fi ve 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.
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 wetland or offsite streams.
Upon review of the submitted materials and the critical areas report peer review, it was been determined that
SEPA was not required for the single-family proposal.
CONDITIONS OF APPROVAL
Based on the criteria above; recommendations provided by Landau; and the November 2, 2021, Wetland and
Drainage Corridors Evaluation & Delineation Report & Conceptual Wetland Mitigation Plan Revision 3,
prepared by Beaver Creek Environmental Services Inc., and the November 2, 2021, Final Mitigation Plan Rev
2, prepared by Beaver Creek Environmental Services Inc. the proposal and the decision on the following:
“Reasonable use of the subject property” per FWRC 19.145.090, “Building setbacks” per FWRC 19.145.160,
“Intrusion into stream buffers,” per FWRC 19.145.330, Development within wetland buffers” per FWRC
19.145.440, “Permanently altered buffer” per FWRC 19.145.440(4), and “Buffer reduction with enhancement”
per FWRC 19.145.440(6), are approved with the following conditions:
COMMUNITY DEVELOPMENT DEPARTMENT
33325 8th Avenue South
Federal Way, WA 98003-6325
253-835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
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 Certificate of Occupancy, the applicant is required to improve the private
access road as follows:
a. Within the existing 15’ easement, a 10’ paved road with 2-2.5’ 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.
8) Prior to issuance of a Certificate of Occupancy, the applicant must provide fire sprinklers due to
limited access and no approved turnaround.
9) 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) for this lot.
10) 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.
11) 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
COMMUNITY DEVELOPMENT DEPARTMENT
33325 8th Avenue South
Federal Way, WA 98003-6325
253-835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
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.
12) 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.
13) Prior to issuance of a building permit, the proposed single-family residence footprint shall be
verified to not exceed the approved 1,563 sq. ft. This cap includes all extrusions such as for decks,
floor bump-outs, etc.
BUILDING PERMIT ISSUANCE REQUIRED
This Process III land use decision does not constitute building permit approval, or authorize clearing/grading
activities. If you have any questions regarding building permit review 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
April 28, 2022. 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, or March 12, 2022.
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
filing the appeal; and the appellant’s name, address, telephone number and fax number, and any other
information to facilitate communications with the appellant. Appeals are governed by process IV (Federal
Way Hearing Examiner).
PROPERTY TAX 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.
COMMUNITY DEVELOPMENT DEPARTMENT
33325 8th Avenue South
Federal Way, WA 98003-6325
253-835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
CLOSING
This decision does not constitute building permit approval, and it 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 Chaney Skadsen at 253-835-2644,
or chaney.skadsen@cityoffederalway.com.
Sincerely,
Keith Niven, AICP, CEcD
Planning Manager
enc: Exhibit A, Findings for Project Approval
Approved Site Plan
April 2, 2021, Written Response to Public Comments
June 7, 2021, Technical Memorandum Letter Landau
October 22, 2021, Technical Memorandum from Landau
December 9, 2021 Technical Memorandum from Landau
c: Chaney Skadsen, Senior Planner
Kevin Peterson, Senior Engineering Plans Reviewer
Sarady Long, Senior Transportation Planning Engineer
Brian Asbury, Lakehaven Water & Sewer District
Sean Nichols, South King Fire & Rescue
Miles Hall, 33325 43rd Ave SW Federal Way, WA 98023, milesoroad@gmail.com
Midori Tanouye, 33037 47th Ave SW Federal Way, WA 98023, midoritanouye@gmail.com
Lynda Myra, 33409 43rd Ave SW Federal Way, WA 98023, riversinc2@gmail.com
Nathon Allen, 4412 SW 335th St. Federal Way, WA 98023, houseofnateall@gmail.com
Michael Sullivan, 33202 47th Ave SW Federal Way, WA 98023, mikejsull@comcast.net