18-103144FILE
CITY OF
1.. Federal Way
Centered on Opportunity
July 25, 2018
Mr. Richard Peterson
Catholic Archdiocese of Seattle
710 9"' Avenue
Seattle, WA 98104
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
richp@m ccatholiccemetery.org
Re: File No's 18-103144-00-AD & 16-101140-UP; Minor Modification to Process IV Decision
Gethsemane Cemetery Phased Long Range Master Plan, 37600 Pacific Highway South
Dear Mr. Peterson:
The City's Department of Community Development is in receipt of your June 21, 2018, J.A. Brennan
request for a minor site plan modification to the Gethsemane Cemetery Process IV Master Site Plan,
which was approved by the Hearing Examiner on December 18, 2017, under file no. 16-101140-UP.
The requested site plan modification is to add a soil reuse and soil disposal area, which is located outside
the boundary of the approved master site plan. The June 21, 2018, written request includes attached
exhibits showing the conceptual design (sheet 4.3) and conceptual replanting plan (sheet 6.5). The
proposed soil reuse and disposal area is located generally in the south-central portion of the cemetery
master plan. The soil reuse and disposal area is approximately 90 feet wide by 120 feet long
(approximately 18,900 square feet in area), and is intended to accommodate excess on -site soil excavation
and eliminate or reduce hauling excess soil off site.
Findings:
1. The Gethsemane Cemetery Master Site Plan was granted approval by the Hearing Examiner on
December 18, 2017.
2. Pursuant to Federal Way Revised Code (FWRC) 19.15.090, the proposed soil reuse and disposal area
is being reviewed as a minor modification to the December 18, 2017, approved Process IV Master
Site Plan.
3. The proposed soil reuse and disposal area is not located in an environmentally critical area. However,
the area is a semi -narrow finger located between two wetland buffers. The location between two
wetland buffers warrants special consideration for: enhancing and complementing wetland buffer
functions, site restoration, and seasonal considerations for mitigating potential erosion.
4. Replanting of the area is proposed by the applicant. Due to the proximity of the soil reuse and
disposal area between two wetland buffers, the applicant's wetland specialist should be consulted in
preparing the replanting and restoration plan for the area and it should be designed to enhance and
complement the wetland buffer functions and values, and provide improved ecological conditions.
5. Seasonal work restriction should apply to the proposal, due to the proximity to wetland buffers, and
due to the proposed fill slopes, which could result in erosion.
6. The proposed soil reuse and disposal area will not impact vehicular or pedestrian access to or from
the site.
Mr. Peterson
July 25, 2018
Page 2
7. The proposed soil reuse area will not create adverse impacts to surrounding properties, as the soil
reuse area is at least 70 feet from the southern property line.
8. The proposed soil reuse and disposal area is consistent with the State Environmental Policy Act
(SEPA) Mitigated Determination of Nonsignificance (MDNS) dated October 6, 2017, as the SEPA
checklist included a generalized overall site grading plan as part of the Cemetery Master Plan.
9. The proposed minor site plan modification is consistent with the approved December 18, 2017
Process IV decision, and as conditioned, does not create additional impacts, and complies with
Federal Way Revised Code (FWRC) requirements.
10. Provided the conditions of approval are met, the proposal will not adversely impact the public health,
safety or welfare.
The request for site plan modification is hereby approved with condition. Pursuant to FWRC 19.15.090(3),
the modification request as conditioned is consistent with city codes based on the findings above.
Conditions:
1. Due to the proposed soil reuse and disposal area being located between two wetland buffers, the
applicant's wetland specialist shall be consulted in preparing the replanting plan and restoration plan for
this area. The planting and restoration plan shall be designed to enhance and complement the wetland
buffer functions and values and provide improved ecological conditions. The final planting plan shall be
submitted to the Community Development Department for review and approval, and shall include a brief
narrative by the applicant's wetland specialist, identifying how it enhances and complements the
adjacent wetland buffers.
2. Due to the location of the soil reuse and disposal area being located between two wetland buffers, and
to reduce the potential for erosion into the wetland buffers, clearing, grading, soil deposit and disposal
in this area shall be prohibited from October 31 until April 30, unless otherwise approved in writing
by the Public Works Department.
The original Process IV approval decision and the site plans approved and referenced in the December 18,
2017, Process IV approval are still valid and applicable, with the minor modification approved herein.
This modification approval 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 Planner Jim Harris at 253-835-2652, or„jim.harris@,,eitxoffederaiway.com.
Sincerely,
Brian Davis
Community Development Director
enc: JA Brennan Sheets 4.3 and 6.5, dated 6-21-18
c: Jim Harris, Planner
Kevin Peterson, Engineering Plans Reviewer
Carol Ohlfs, emailed: Carol iahrennan.com
18-103144-00-AD Doc. LD. 79064
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To: Jim Harris, Ci of Federal Way Date:
From: Carol Ohlfs & Jim Brennan
C
6()55
Ja. Brennan
associates PLLC
Landscape Architects & Planners
2701 First Avenue, Suite 510, Seattle, WA 98108
t.206.583.0620 f.206.583.0623
www.jabrennan.com
6/21/18
Project: Gethsemane Cemetery PH1 Construction
Re: Planning review comments regarding Permit 18-101567-EN
COMMENTS FROM JIM HARRIS, PLANNING REVIEW - 6/13/2018
The soil waste area at the southerly limits of the site on sheets 1.2 and 2.3 is outside of and beyond the
approved Hearing Examiner overall phase boundary shown on sheet 2.1, Exhibit C (2) to the Hearing
Examiner. This soil waste area needs to be reduced in size and pulled back to the north to coincide with the
overall approved phase boundary shown on sheet 2. 1, Exhibit C (2) to the Hearing Examiner.
NOTES FROM PHONE CONVERSATION WITH JIM HARRIS - 6/11/2018
1. The City doesn't approve of the on -site soil reuse area as currently designed. Primary concerns
include:
a. Worried about infringement on wetland buffers.
b. Worried about trees being taken down and not re -vegetated.
c. Outside the phase boundary shown on Hearing Examiner approved plans.
2. Recommendation: remove the on -site soil reuse area from the plans or write a justification for the
design change which will need special approval from the Planning Director.
RESPONSE LETTER
Dear Jim Harris:
Thank you for reviewing our construction documents for Phase 1 of Gethsemane Cemetery Site
Improvements. This letter describes the justification for our design of the Soil Reuse Area (Sheets 2.3
and 4.3) and requests approval from the City of Federal Way Planning Department to construct the plans
Gethsemane Cemetery Phase 1 Improvements
18-101567-EN Permit Application Page 1 of 4
as modified in the attached red -lined drawing. The updated design reduces the footprint of the soil reuse
area by 22,403 SF (54%) and reduces the volume of the soil by 2,925 CY (49%). The location is outside
of the wetland buffers and cultural resource buffers. Although the footprint does extend beyond the
phased grading anticipated in the land use permit plans approved by the hearing examiner, the written and
oral descriptions of the project included notes about refining the grading design to incorporate cuts and
fills on site.
The design proposes to remove vegetation in the soil reuse area but field analysis show that the vegetation
is primarily invasive Himalayan blackberry and volunteer alder trees. Approximately 32 trees will be
removed but the planting plans will be modified to show 32 replacement trees planted on the re-
established, permanently seeded slope. The replacement trees will be native, upland trees appropriate to
the area: Western red cedar, red alder, black cottonwood, and Western hemlock.
JUSTIFICATION FOR CHANGE
The plans approved by the hearing examiner process included design drawings at 30% design. As is
typical with construction permitting and design, the refinement of the design has illuminated some
required elements that were not identified at the time of the original submittal.
The primary change that effects this design question came late in the process when the City agreed to
allow reuse of the stormwater pond if it was expanded and designed to meet modern City standards.
The Phase 1 construction documents progress the final design for the stormwater pond to meet City code
and the final design requires removal of 15,787 cubic yards (CY) of material. The design shows most of
the material being used as on -site fill in the North Arm and the haul road (12,613 CY) and the remainder
placed in the southern section of the site (designated as the Soil Reuse Area) which will not be used for
graves in the future (in compliance with the drawings approved by the Hearing Examiner decision).
The area designated as the Soil Reuse Area will contain 3,091 CY. The cost to haul and dispose of that
material offsite in a landfill is estimated at $27 per CY. Reusing the material on -site will save the
Cemetery approximately $83,457.00 and be more environmentally friendly than hauling and throwing the
soil away in a landfill.
The Hearing Examiner documents included descriptions of site grading anticipated as a primary objective
of the Master Plan submitted for the Process IV Land Use Permit.
The Project Narrative states that a primary objective of the design was to balance cut and fill soils on
site (page 6). All plans for work at the Cemetery have historically used a rebalancing of on -site materials
and this strategy was included in the Master Plan and was made clear to the Hearing Examiner. The
cemetery is a very large site and needs to make reuse of on -site soils for re -contouring the site and
stewarding the limited resources of the Cemetery.
The SEPA Checklist section B. Le (pg 5) specifically discussed filling, excavation, and grading
proposed:
Gethsemane Cemetery Phase 1 Improvements
18-101567-EN Permit Application Page 2 of 4
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11PERTEET
Bey e, cam•❑u^;;yes, D. des 4I1
To: Jim Harris, Planner, City of Federal Way
PERTEET.COM
2707 COLBY AVENUE, SUITE 900
EVERETT, WA 98201
425.252.7700
From: Jason Walker, PLA, PWS, Environmental Manager and Wetland Ecologist, Perteet
Date: June 13, 2018
Re: Gethsemane Cemetery —Critical Areas and Impacts Mitigation Plan Review— Phase 1 Improvements
SUMMARY
Perteet Inc. conducted a critical areas review of the Gethsemane Cemetery Phase 1 Improvements. The site is
located at 37600 Pacific Highway South, Federal Way, Washington. The cemetery is situated across fax parcels:
#322104-9025, #322104-9020, #218820-4560, #218820-4281, and #218820-4365. The Cemetery is situated
about %2 mile west of Interstate 5 next to the Pierce County boundary at the south end of the City of Federal Way
in Section 32, Township 21 North, Range 4 East. West Fork Hylebos Creek flows through center of the subject
property.
It is understood the applicant is proposing to implement Phase 1 improvements indicated on submitted plan
drawings and as described in the critical areas and mitigation report and supplemental technical memo.
Perteet ecological staff (wetland scientist and lead ecologist) previously completed a site visit and critical areas
review of the subject property and the proposed project plan on March 13, 2017, as documented in prior city
correspondence.
DOCUMENTS REVIEWED
The following submittal documents were reviewed by Perteet:
• Gethsemane Cemetery Phase 1 Improvements Permit Application, submitted by Corporation of the
Catholic Archbishop of Seattle, July 1, 2018.
Gethsemane Cemetery Phasing Plan — Phasing Site Plan, Drawing 2.1, prepared by JA Brennan and
Associates, March 4, 2016.
• Gethsemane Cemetery Phase 1— Permit Submittal Drawing Set (inclusive of mitigation planting plans for
Wetland 1 and Wetland 6 buffers), prepared by JA Brennan and Associates, April 10, 2018.
Wetland and Stream Delineation Report for and Wetland Buffer Mitigation Plan, Gethsemane Cemetery,
Federal Way, WA. Prepared for Corporation of the Catholic Archbishop of Seattle, prepared by Otak,
Inc., January 27, 2017.
• Technical Memorandum —Addendum to Wetland and Stream Delineation Report and Wetland Buffer
Mitigation Plan for Gethsemane Cemetery, prepared by Otak, Inc., August 18, 2017.
• Findings of Fact, Conclusions of Law and Decision — HE Decision for Gethsemane Cemetery Master Plan
16-101140-UP;16-101141-SE, prepared by Phil Olbrechts, Hearing Examiner for Process IV Review.
JO PE RTEET
:er corc bes, " , c
FINDINGS
PERTEET.COM
2707 COLBY AVENUE, SUITE 900
EVERETT, WA 98201
425.252.7700
1) For clarification, the submitted Critical Areas Report (same as previously submitted for Process IV review)
indicates in Section 4.2.2 that wetland buffer impacts associated with the Cemetery Master Plan will be
limited to those buffers where buffer reduction is proposed. Buffer modification associated with the Phase 1
application drawing set is consistent with the Process IV approval and it is understood that the prior Phasing
Site Plan, Drawing 2.1 (dated March 4, 2016) previously indicating future grave sites (natural burial areas) in
the proposed enhanced wetland buffers will not occur.
2) The Phase 1 construction drawings indicate activities that avoid impacts to wetlands pursuant to FWMC
19.145.1300) Mitigation Sequencing, Avoidance and FWMC 19.145.430 Development within wetlands.
3) The Critical Areas Report, Technical Memo, and Phase 1 drawing set indicates buffer reduction with
enhancement at Wetland 1 and pursuant to FWMC 19.145.440(6) and enhancement of the buffer for
Wetland 6 to off -set ecological functional impacts for repurposing the stormwater pond associated with the
some wetland buffer. Proposed buffer enhancement measures indicated in buffer planting pans for Wetland 1
meets provisions in the FWMC. The added enhancement area for the buffer of Wetland 6 should provide
functional equivalency or an increase in ecological functions over time for the Phase 1 activities associated
with the stormwater pond where a greater area of lawn will removed and enhanced with native plantings and
habitat features to compensate for the area of vegetation clearing for the repurposing of the pond.
4) The Delineation Report and Wetland Buffer Mitigation Plan proposes to revegetate with a native tree and
shrub community the outer portion of the Wetland 1 buffer on the subject property at a 1:1 ratio. The proposed
mitigation to address permanent buffer reduction to the Wetland 1 buffer width is consistent with FWMC
19.145.130 Mitigationsequencingand FWMC 19.145. 140 Mitigation Plan Requirements.
5) The proposed buffer mitigation performance standards, monitoring, maintenance and contingency
standards to address permanent buffer reduction to the Wetland 1 buffer and to enhance the Wetland 6
buffer adequately meets FWMC 19.145.140.
6) Signage and fencing pursuant to FWMC 19.145.180 is provided along the Wetland land 6 buffer
enhancement areas for Phase 1 improvements.
7) Pursuant to FWMC 19.145.190 Physical Barriers, silt fencing is designated on Phase 1 drawings along the
wetland buffers where construction is indicated.
8) A "Soil Waste Area" is indicated to occur between the buffers of Wetland 14 and Wetland 6 on Drawings 1.2
and 2.3 of the Phase 1 Permit Submittal Drawing Set (dated April 10, 2018). The forested/vegetated area
between wetland buffers was previously discussed and agreed to be protected with the applicant and their
critical areas consultant in a city meeting Perteet attended on August 8, 2017. It was discussed and agreed
this area provides habitat connectivity in this location and it was stated by the applicant party that this area
was not proposed to be developed. The overall mitigation approach to allow the project to move forward with
Process IV approval was accepted with this knowledge and this soil waste area was not included under the
Process IV approval.
END OF MEMO
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