Jon SP Findings
Findings of Facts Page 1
Jon Short Plat 16-105598-SU/Doc. I.D. 80311
EXHIBIT A
Findings of Facts
Jon Short Plat, File #16-105598-00-SU
The Planning Division hereby makes the following Findings of Facts pursuant to content requirements of the
short subdivision decision as set forth in Federal Way Revised Code (FWRC) 18.30.110. These facts are in
reference to King County tax parcel numbers 614360-0550 and 614360-0614, located at 33214 38th Avenue
South, Federal Way. Prior to recording of the Jon Short Plat, the associated Russell & Jon Boundary Line
Adjustment (BLA), approved June 29, 2018, will need to be recorded with King County Recorder’s Office.
The BLA will consolidate the two parcels listed above, and revise the lot lines boundaries for the adjacent
Russell Short Plat (file 16-1055994-SU), parcel 614360-0617. The proposed short plat is based on the
proposed Parcel B of the approved BLA drawing.
1. Proposal – The applicant proposes to subdivide an existing 62,172 square-foot (1.43 acres) single-family lot
into five single-family residential lots and one access and utility tract. As shown on the short plat, the
following are the net square footage for each lot/tract:
Lot 1 9,641 sq. ft. Lot 4 9,664 sq. ft.
Lot 2 9,622 sq. ft. Lot 5 14,777 sq. ft.
Lot 3 9,664 sq. ft. Tract A 2,643 sq. ft.
2. Review Process – Pursuant to FWRC Chapter 18.30, “Short Subdivision Plats,” the proposed short plat is
subject to administrative review and decision rendered by the Director of Community Development. The
proposal has been reviewed by staff from the departments of Community Development and Public
Works, Lakehaven Water & Sewer, and South King Fire & Rescue. City staff used the following FWRC
development regulations when reviewing the short subdivision application: Title 16 “Surface Water
Management”; Title 18 “Subdivisions”; and Title 19 “Zoning and Development Code.”
3. Site Profile – The subject property is located at 33214 38th Avenue South, currently tax parcels 614360-
0500 and 614360-0614; one tax parcel number will be eliminated when the above-mentioned BLA is
recorded. The 1.43-acre parcel has one existing single-family house that will remain on Lot 5. There is
one existing structure on Lot 5 located within the required side yard setback that must be removed prior
to recording. The site is generally flat with sporadic groups of trees: cottonwood, alder, maple and cedar.
4. Comprehensive Plan – The subject property’s comprehensive plan designation is Single-Family – High-
Density Residential. The proposal provides an urban density consistent with the Federal Way Comprehensive
Plan (FWCP) designation. The proposal meets relevant goals and policies of the FWCP.
5. Density and Dimensions – The subject property is located within a Single-Family Residential (RS 9.6) zone
with a minimum lot size requirement of 9,600 square feet. The proposal meets the density requirement as
noted above. FWRC 19.200.010, “Detached Dwelling Unit,” prescribes setbacks, height, parking, and lot
coverage requirements. The proposed site plan depicts meeting the 20-foot front, 5-foot side (10-foot
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Jon Short Plat 16-105598-SU/Doc. I.D. 80311
side for a corner lot), and 5-foot rear setbacks required by code. Lot 1 and Lot 2 are flag lots; the front
yard setback is accurately depicted. Future building permit applications will be reviewed for compliance
with these provisions.
6. State Environmental Policy Act (SEPA) – The six-lot short plat is exempt from environmental review
pursuant to Washington Administrative Code (WAC) 197-11-800(6)(d).
7. Public Notice & Comment – A Notice of Land Use Application for the short subdivision was published in
the Federal Way Mirror and posted at the subject property and city designated notice boards on September
14, 2018. Two comment letters were received during the public comment period, which ended on
September 28, 2018.
Major concerns were regarding the hedge that is used by the North Lake Improvement Club (parcel
614360-0490) for privacy and screening. The applicant has reached out to the North Lake Improvement
Club and will work on a solution. In addition, there were concerns were over road-width reduction of the
new public roadway. Traffic calming should be incorporated into the street design and will be evaluated
by city staff at the time of the engineering (EN) review.
8. Open Space – As the city continues to grow with each new development and increases in residents, the
demand for additional recreational areas will follow. Providing open space with the new development is
necessary to address the recreation needs of the growing community. As part of the city’s 2013 Parks,
Recreation, and Open Space Plan (“the Plan”), the city has adopted the following core values, goals, and
policies regarding recreation and open space:
Core Value #3: Retain and Improve Our Open Space.
Open spaces and natural areas in the city provide an array of benefits to people and wildlife and
can contribute to enhancing water quality in the community.
Core Value #5: Provide a Balance of Services for a Diverse Population.
Understanding the population being served and providing programs and opportunities that reflect
residents’ needs and interests is a major goal of the Plan. Federal Way’s park system should
provide a variety of options for active and passive recreation opportunities.
Goal B.1: Improve and maintain all neighborhood parks to maximize safety, visibility, usability, appeal,
and identity.
Policy B.2: Plan for improvements to neighborhood parks based on their unique potential
and designated role in the city-wide system.
Policy B.3: Explore ways to allow for informal play opportunities by incorporating
unprogrammed spaces such as fields and forested areas.
Goal C.1: Maintain city parks and open spaces so that they are inviting to users and offer facilities and activities
based on the potential of each property and community need.
Policy C.1: Develop a more recognizable and inviting park and open space system.
Goal L.1: Manage environmentally sensitive lands for long-term ecosystem health and biodiversity of natural
systems, while making them accessible to the community.
Policy L.1: Maintain open spaces so that they are accessible to residents.
Goal N.1: Preserve privately-owned open spaces with environmental constraints through incentive-based programs
to provide ‘breathing-room’ open space.
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Policy N.3: To gain maximum effect on overall parks and recreation system, audit and revise
City code requirements for on-site open space, and revise to require contribution to larger
parks system rather than small, on-site parcels.
As proposed, the added residents in the five-lot short plat will increase the demand for recreation
activities and usable open space. Pursuant to FWRC 18.55.060, in order to reasonably mitigate the impact
of development, the applicant is required to provide open space in the amount of 15 percent of the gross
land area of the property.
As proposed, there is limited space to provide on-site open space and the applicant has requested that a
fee-in-lieu of open space be provided. Prior to plat recording, the applicant will be required to pay 15
percent of the most recent assessed land value of the subject property pursuant to limitations set forth in
FWRC 19.100.070(1)(a). Pursuant to FWRC 18.55.060(2), any fees collected shall be utilized within the
park comprehensive plan planning area that the subject property falls within, unless the applicant by
voluntary agreement directs the expenditures of such fees in a different planning area. At the time of
payment, the city recommends the applicant provide a voluntary letter authorizing the city to use the
open space fee-in-lieu in any of the parks planning areas the city wishes.
9. Tree and Vegetation Retention/Replacement – Per FWRC 19.120.130(2), single-family residential zones are
required to maintain a minimum of 25 tree units per acre. The total amount of tree units required for the
short subdivision is calculated by multiplying gross site acreage, minus any proposed public/private street
by the required tree density per FWRC 19.120.130(3). Per the Short Plat Drawing, the gross acreage of
the site is 1.43 acres and the right-of-way dedication is 0.14 acres, for a net total of 1.29 acres. The subject
property requires 33 tree units (1.29 acres multiplied by 25 tree units per acre). The applicant proposes to
retain 22 tree units on site and proposes replacement of 13 tree units, for a total of 35 tree units on site.
The location of the existing and replacement tree units is depicted on Sheet L1, Preliminary Planting Plan,
revised July 22, 2019, prepared by Glenn Takagi, Landscape Architect. Please note the applicant is
required to retain, replace, or augment tree coverage as part of the building permit approval for each lot.
A note must be added to the short plat stating that at the time of the building permit application, the site
plan for Lots 1-4 must depict where the retained and/or replacement trees will be located per the
approved Sheet L1, Preliminary Planting Plan.
10. Concurrency – The city’s Traffic Division reviewed the applicant’s concurrency application and concludes
the proposed short subdivision will generate six new PM peak hour trips. Traffic Division staff have
determined that all intersections impacted by one or more weekday evening peak hour trips from the
proposed development would meet the level of service (LOS) standards with programmed improvements;
therefore, a Capacity Reserve Certificate was issued February 7, 2017.
11. Transportation Impact Fee – In order to mitigate the impacts of new development on the city’s street
infrastructure, the applicant will be subject to the transportation impact fee (TIF). The fee will be
assessed and collected from the applicant when the building permits are issued, using the fee schedule
then in effect.
12. Street Frontage Improvements – The applicant is required to construct and dedicate a Local Street roadway,
corresponding to a Type ‘U’ design standard (which has been modified), consisting of a 20-food wide
paved roadway, with a 4-foot planter strip and 5-foot sidewalk along the north edge of the street, with a
29.5-foot right-of-way. As part of the modified street section, the applicant must provide a widened
(23.5- to 24-foot) pavement section where the new road connects to 38th Avenue South. This widened
section should extend a minimum of 50 feet back (east) from the edge of pavement on 38th, with a taper
section that transitions to the 20-foot roadway. The planter strip should be eliminated in the widened/
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transition sections of the roadway and the sidewalk will be adjacent to the roadway curb and gutter
though these sections. Provide city standard street lighting behind the new sidewalk; provide a utility/
street light easement behind the new sidewalk to allow for installation of street lights, OR, provide
additional right-of-way (three-foot minimum) behind the sidewalk; and provide curbing and edge striping
along the southerly edge of pavement in order to maintain a clearly-defined roadway that keeps drivers
from drifting off the roadway and onto the adjacent property to the south. The minimum roadway
driving width (curb to curb) would have to be maintained at the 20-foot minimum, except as noted under
“b” above; and install No Parking signs along this roadway section.
13. Access – Lot 5 will access directly off the newly created roadway detailed above. The proposed roadway is
a west-to-east running street that lies along the south side of the property, and will connect 38th Avenue
South on the west, through the plat, and connect to a north-south roadway through the proposed Russell
Short Plat (file 16-105594-00-SU).
Lots 1-4 have access off Tract “A” (a 25-foot wide access and utility tract that connects to Tract “B” of
the above-mentioned Russell Short Plat) to the proposed roadway that will be constructed as part of the
Russell Short Plat.
14. Stormwater – The project is required to meet all stormwater requirements of the 2016 King County Surface
Water Design Manual (KCSWDM) and the City of Federal Way Addendum to the KCSWDM. The project is
located within a conservation flow control area and enhanced basic water quality treatment area. The
applicant’s engineer is proposing a combined detention and water quality treatment pond off-site, as
allowed by the city, within the proposed Russell Short Plat (file 16-105594-00-SU). The shared detention
and water quality facility has been designed and sized to accommodate both the Jon and Russell Short Plats.
Review of final engineering plans and the TIR will continue under a separate engineering (EN) application.
15. Water and Sewer – The applicant proposes to serve the short subdivision with a public water supply and
distribution system managed by Lakehaven Water & Sewer. A Certificate of Water Availability was issued on
May 31, 2018. Water service connection applications are required for any new service connections. A
Lakehaven Developer Extension Agreement or Lakehaven Facilities Installation Agreement is required.
The applicant proposes to serve the short subdivision by a public sewer system managed by Lakehaven
Water & Sewer. A May 31, 2018, Certificate of Sewer Availability indicates the district’s capacity to serve the
proposed development will require improvement of an eight-inch diameter sewer main or trunk that is
approximately 440 (plus or minus) feet for Lots 1-4. For Lot 5 only, sewer service can be provided by an
existing three-inch diameter sewer main that is approximately 55 (plus or minus) feet from the site. A
Lakehaven Developer Extension Agreement is required.
Since the short plat will be served by public sewer system, King County Public Health does not need to
sign the short plat drawing. Remove the King County Public Health signature block from sheet 1 of the
short plat drawing.
16. Fire Requirements – South King Fire & Rescue has indicated that a Certificate of Water Availability, which
includes a hydraulic fire flow model, shall be requested from the Lakehaven and provided at the time of
building permit application for each lot. This project will require two fire hydrants, one existing on the
street and a new hydrant in an approved location on the right-of-way. Due to lack of adequate fire
department access, Lots 3 and 4 will require an NFPA 13D fire sprinkler system. Depending on structure
placement and access, an NFPA 13D fire sprinkler system may be required for Lots 1 and 2; this will be
determined at the time of the building permit application submittal for Lots 1 and 2. A note to this regard
must be placed on the face of the short plat document.
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17. Lot Addresses – Prior to recording, addresses for each lot must be put on the short plat drawing. The city
will assign address numbers and provide them under a separate cover.
18. Conditions of Approval – Staff recommends the Director of Community Development include the following
conditions of approval in the short subdivision decision. Unless otherwise permitted in FWRC 18.30.280,
all conditions shall be met prior to plat recording:
1) The applicant must obtain engineering (EN) approval and authorization to proceed from the
Public Works Department prior to construction of plat infrastructure.
2) The Jon and Russell (file 16-105594-SU) Short Plats are mutually dependent in regard to access
(roadway) and storm drainage infrastructure improvements. Prior to recording, improvements
for each short plat shall be constructed, with final acceptance of the improvements given by the
City of Federal Way.
3) Prior to recording, the applicant shall provide the Parks Department a fee-in-lieu payment for open
space in the amount of 15 percent of the most recent assessed land value of the subject property.
4) Prior to recording, the existing structure on Lot 5, located within the required side yard setback,
must be removed, and the building footprint removed from Sheet 2 of the short plat document.
5) Prior to recording, remove the King County Health Department signature block from sheet 1 of
the short plat document.
6) Prior to recording, addresses for each lot must be depicted on the short plat document.
7) Prior to recording, a note must be added to the short plat stating that at the time of building
permit application, the site plan for Lots 1, 2, 3, 4, and 6 must depict where the retained and/or
replacement trees will be located per the approved Preliminary Planting Plan.
8) Prior to recording, a note must be added to the short plat stating that Lots 3 and 4 will require an
NFPA 13D fire sprinkler system. Depending on structure placement and access, an NFPA 13D fire
sprinkler system may be required for Lots 1 and 2; this will be determined at the time of the building
permit application submittal for Lots 1 and 2.
9) The applicant is required to pay a transportation impact fee (TIF) for each lot. The fee will be
assessed and collected from the applicant when the building permit is issued, using the fee
schedule then in effect.
10) The applicant is required to pay a school impact fee for each lot. The school impact fee is due at
the time of building permit issuance for new dwelling units. This fee amount is subject to change
as determined annually by the Federal Way School District.
19. Design Criteria – The proposed short subdivision satisfies applicable design standards pursuant to
FWRC Chapter 18.55, “Design Criteria,” including, but not limited to, land division design, lot
design, density, and open space, subject to conditions being met.
These findings 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: April 10, 2020