19-105849CITY OF
Federal Way
Centered on Opportunity
February 13, 2020
Mr. Aleksey Guyvoronsky
Ace Construction Services, LLC
1020 South 34411, Street, Suite 201
Federal Way, WA 98003
aleks M24��dii1-A C4Ln
FILE'
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. cityoffederalway.. com
Jim Ferrell, Mayor
Re: File #19-105849-00-SF; REQUEST FOR CRITICAL AREA RECONNAISSANCE LETTER
Stefoglo Single -Family & ADU, No Site Address, Federal Way
Dear Mr. Guyvoronsky:
The City of Federal W4.y's Community Development Department received your building permit applications
(files 19-105849-00-SF & 19-105855-00-Aq on December M, 2019, for the construction of a single-family
home and an auxiliary dwelling unit (ADU) on a nonconforming sized vacant lot located on 2111 Avenue SW
north of the intersection with SW 304th Street, Federal Way, WA 98023 (parcel 012103-9161). This letter is
to inform you that the city has become aware of a potential wetland on this property, or in the vicinity. There
is need for further evaluation of the site before city staff can decide on your development permit applications.
BACKGROUND
On December 16, 2019, the city received two proposals to construct a single-family home and an auxiliary
dwelling unit on the property listed above. This property is owned by 304 & 215, Ave LLC, along with four
adjoining properties (parcels 012103-9163, 012103-9099, 012103-9158, & 012103-9160), per King County
Department of Assessments records. Your permit applications arrived prior to the issuance of building
pen -nits on December 20, 2019, for parcels 012103-9163 and 012103-9099. On. December 26, 2019, clearing
of vegetation and grading on site began for these two permitted parcels. On the morning of December 27,
2019, the city received messages from a concerned citizen regarding the development activities. On January 8,
2020, a representative of the city's Planning Division conducted a site visit to visually inspect for potential
indicators of wetlands (the observations are listed below). Staff continues to receive citizen concerns
regarding development in this area with regard to the presence of a potential environmentally critical area.
STAFF SITE OBSERVATIONS
On January 8, 2020, city staff visited the sites located on the north and west sides of the intersection between
215f Avenue SW and SW 304ffi Street, Federal Way, WA 98023 (parcels 012103-9163, 012103-9099, 012103-
9158, 012103-9160, & 012103-9161). Staff observed site topography of a depression running from the south
of the parcels across SW 304th and continuing north towards the waterfront downhill along 21sC Avenue SW
and then 2011, Place SW. Standing water was observed in two locations within the depression on the parcels in
question, as well as a prevalence of red alder trees (alnus nibra) and a large Oregon ash (fraxinits lafifolia) tree
within this area, which are commonly known as hydrophytic vegetation indicators of potential wetlands. Each
of these observations are an indication to city staff of the need for a wetland reconnaissance.
Mr. Aleksey Guyvoronsky
Page 2 of 2
February 13, 2020
REQUIREMENTS
Based on Federal Way Revised Code (FWRC) 19.145.070(2) & (3), the city requests you provide a wetland
reconnaissance summary letter from a certified wetland biologist verifying if wetlands are present on or within
200 feet of the site. The reconnaissance summary letter needs to indicate whether or not further action is
required based on soils, vegetation; and hydrology. If wetlands are present, then a wetland delineation and
classification report must be priared by.a qualified professional in compliance with FWRC 19.145.080(2).
Those requirements include: `
"(2) The critical area report shall be prepared by a qualified professional, incorporate best available
science, and include the following items:
(a) The name and contact information of the applicant, a description of the proposal, and identification
of the type of approval (use process, subdivision, building permit) requested;
(b) Vicinity map;
(c) The dates, names, and qualifications of the persons preparing the report and documentation of any
reconnaissance on site;
(d) A scaled site plan depicting critical areas, buffers, setbacks, and proposed improvements;
(e) Photographs of the site and critical areas;
(f Identification and characterization of all critical areas adjacent to the proposed improvements;
(g) A description of efforts made to apply mitigation sequencing pursuant to FWRC 19.145.130 to
avoid, minimize, and mitigate impacts to critical areas;
(h) A copy of the Joint Aquatic Resource Permit Application QARPA) if applicable;
(i) Additional information required for the individual critical area; and
0) Any additional information determined by the director to adequately review the proposed activity."
The wetland report will be peer reviewed for compliance with applicable FWRC requirements by the city's
third -party wetland reviewer at the applicant's expense. This review cost must be pre -funded by the applicant
prior to this peer review occurring per FWRC 19.145.080(3).
CONCLUSIONS
Your construction permit applications have been placed on -hold until the city receives a reconnaissance
summary letter from a certified wedand biologist verifying that there is, or is not a wetland on site. If you have
any questions regarding this letter, contact me at Nvilliam.goltlin tyoffederal,,vay.com, or 253-835-2622.
Sincerely
0 i6
4
William Golding
Planning Intern
enc: January 8, 2020, Staff Observation Notes
c Greg Kirk, Plans Examiner
Kevin Peterson, Senior Engineering Plans Reviewer
19-105849-00-SF Doc. I.D. 80128
SW 304th ST & 21st Ave. SW
1/8/20201 1:34:21 PM 11,128
00.01 0.81 0.02 mi
` Site Address Feature 0 CA1 0.02 0.04 km
Parcels Species of Wetland Indicators Present
Area of Potential Red alder
Wetland Oregon Ash
Standing Water Observations made on site visit 1/8/2020 at approximately 12:45 PM by William Golding in
response to citizen concerns expressed related to project area.
o�
10'::tSp
Federal Way
44k
RECEIVED PARTMFNT OF COMMUNITY DEVELOPMENT
33325 8'� Avenue South
Federal Way, WA 98003
6 2019 253-835-2607;Fax 253-835-2609
DEC ww%k,.citvoffederalway.com
CIIYOF FEDERAL WAY
COMMUNfTY DEVELOPMENT
ACCESSORY DWELLING UNIT (ADU)
FEE: Contact the Permit Center at 253-835-2607, or ermitcenterf&,citvoffederalwa .com
FILE # / / — /D 5 U SS — UA-
RELATED FILE #s
Owner's Name: �1 Ll pc S rroG >`D
/ -10 5-? 1� - sF
Address: 2-LP 1-- - 5 a -t`� ?V ecl _ � WA- T8003
Daytime Phone: (2_0& Tax Parcel#: 0�-,?1; 91 (P I
Zoning: S Lot Size in Square Feet:
Type of ADU: 0�`Attached ❑ Detached - Is this a: New ADU ❑ Existing ADU
Existing ADU was: ❑ Approved by King County (Provide a copy of the permit.) ❑ Other
s o �n le l _ b'V l U,,3
str of i nc o e i
Which is the owner occupied unit: ❑ Primary Dwelling Unit or ❑ ADU '"� `/
�
Number of square feet: 2717 Primary ( Dwelling Unit ADU
�L
Pr vide the following information:
akehaven Utility District Water & Sewer Certificates of Approval for the New ADU
❑ King County Public Health Department Approval (if septic)
dHeating Type: ❑ Electric XGas ❑ Other
❑ Electrical Capacity:
Primary Dwelling Unit
❑ Letter of Application & Deed Restriction (attach)
ADU FLOOR PLAN DRAWINGS (Provide the following; refer to page 3 for an example.)
❑ Floor plan of the primary dwelling unit and the ADU
❑ Plumbing (existing & proposed)
❑ Mechanical — HeatingNentilation/Air Conditioning (existing & proposed)
❑ Entrances of primary dwelling unit and ADU (existing & proposed)
❑ Ceiling Heights/Room Sizes for ADU
❑ Elevation of the proposed ADU with the primary dwelling unit
Ili
Bulletin #049 —December 21, 2015 Page 1 of 3 k:\Handouts\ADU Application
ADU SITE PLAN DRAWINGS (Provide the following; refer to page 3 for an example.)
❑ Scale/north arrow ❑ Street/driveway location
❑ Lot dimensions ❑ Primary dwelling unit
❑ ADU footprint (if detached) ❑ Building setbacks from property line
❑ Location of utilities & easements ❑ Show location of three on -site parking stalls
❑ Locate the entrance of the primary dwelling unit and the ADU
❑ Calculate the total impervious surfaces coverage for the site (Include the existing and proposed roof area,
driveway, patios, and walkways.)
❑ Other
DISCLAIMER: I certify under penalty of perjury that the information furnished by me is true and
correct to the best of my knowledge and further, that I am authorized by the owner of the above
premises to perform the work for which the permit application is made.
Sig"Applicant Date
WAIVER- Approval of the ADU Land Use Application does not constitute approval of the building permit.
Application and approval ofthe buildingpermit is a separate process.
OFFICE USE ONLY
❑ ADU Status: ❑ Legal Nonconforming per FWRC 19.30.140 ❑ New ADU
❑ Assigned Address of ADU
❑ Deed Restriction/Letter of Application Rec'd ❑ Recording Number
❑ Other
Approved by Date
❑ Conditions of Approval
Bulletin #049 — December 21, 2015 Page 2 of 3
k:\Handouts\ADU Application
SW 304C', � ST & 21st Ave. SW
1 /8/2020, 1:34:21 PM 1:1,128
0 0:01 0.b1 0:02 mi
im
Site Address Feature 0 0,01 0.02 0:04 km
Parcels Species of Wetland Indicators Present
Area of Potential Red alder
Wetland Oregon Ash
Standing Water
Observations made on site visit 1 /8/2020 at aDnroximately 12:45 PM by William Golding.
FILE
BRIO K IN a NEW AN i-LP
lawyers t,,voIking for 9'ie enviCofii"Y3eant
RECEIVED
Reply to: clungeon@bnd-law.com FEB 14 2020
February 14, 2020 CITY OF FEDERAL WAY
COMMUNfTY DEVELOPMEM
VIA E-MAIL to brian.davis ci offederalwa .com
Brian Davis
Community Development
33325 8th Avenue South
Federal Way, WA 98003
Re: Request to Halt Construction and Investigate Site and Permit Concerns on Parcels
0121039099, 0121039163, 0121039161, 0121039160, and 0121039158.
Dear Director Davis:
We represent, January Agnew -Parks, who lives across the street from five parcels under
development along 304th Street and 21 st Avenue SW in Federal Way. Our review of public records
and application materials reveals a number of issues requiring your attention, investigation, and
possible enforcement of city codes.
As we understand it, a single entity, 304 & 21st Ave SW, LLC, purchased five heavily wooded
and undeveloped lots with the intention of destroying the local greenspace, habitat, and potential
wetland in order to construct five large single family homes with detached or attached accessory
dwelling units. Building permit applications have been submitted for all five parcels. The building
permit applications for parcels 0121039099 and 0121039163 have been approved. The
applications for 0121039161, 0121039160, and 0121039158 remain pending.
We are sure you can appreciate the neighborhood's concern as they watch an area they believed
to be a protected greenspace stripped bare and waterlogged to allow construction of large homes —
some too large for the lot sizes —from a series of applicants who have no apparent connection to
the legal owner of the property. We understand that the parcels are zoned RS-15 and allow the
construction of single-family homes and accessory dwelling units. But we ask that the city require
the developer to fully comply with city code in the process.
For the following reasons, we ask that you halt construction, rescind permit approval, reject
pending permit applications, and require additional information and assurances from the applicant
before any further development takes place.
A. The Owner Should Be Required to Conduct a Wetlands Assessment on All Five
Parcels.
First, the city should verify that all five parcels do not contain wetlands prior to permitting the
development. We were informed that the application approvals for three of the parcels are on hold
pending a wetland assessment conducted by the applicant. The same information is needed before
any further work is undertaken on the other two parcels. The fact that clearing and construction
has begun does not absolve the applicant or city from critical area requirements pursuant to city
code.1
The following pictures of parcel 0121039099 were taken on January 31, 2020. The pictures
demonstrate that the parcels are fully saturated and there is significant pooling within the area.
Excluding these parcels from the wetland assessment is incongruous with the site conditions. The
city should issue a stop work order pending a wetland assessment of all five parcels.
Figure 1 Photograph ol'Parcel 0121039099 on .7auuary 31, 2020
' "When a critical area or its buffer has been altered in violation of this chapter, all ongoing development work
shall stop and the critical area shall be restored. The city shall have the authority to issue a stop work order to cease
all ongoing development work, and order restoration, rehabilitation, or replacement measures at the owners or
violator's expense to compensate for violation of provisions of this chapter." FWRC 19.145.060(1).
2
Figure 2 Photograph of'Pareel 0121039099 on January 31, 2020
B. The City Should Investigate Violation of the Tree Retention Plan and Require a Bond
for Any Future Clearing.
It appears that the permit applicant is not adhering to tree retention plan submitted with the permit
application materials. While we understand that a significant portion of trees would be cut to
accommodate a single-family home, garage, and attached or detached accessory dwelling unit, the
current construction activity is inconsistent with the application materials relating to minimum tree
retention requirements pursuant to FWRC 19.120.130. The City Code requires 25 tree units per
acre in single family residential zones. Tree units are determined by tree size and whether the tree
will be retained or added/replaced. Trees that are retained are allocated greater tree unit value than
similar or equivalent trees that are added or replaced. FWRC Table 19.120.130-2 (Tree Unit
Credits). The idea is that an established tree has greater value than a new planting.
The Tree Retention Plan for Parcel 0121039099 indicated that it would achieve the required 8.5
tree units for the parcel size by retaining 5 trees. However, our client has informed us that no trees
remain on the parcel. While this can be rectified by additional plantings post -construction, it
demonstrates a disregard for adhering to the permit conditions and city code requirements.
Therefore, we ask that you investigate the site to confirm violation of the applicant's tree retention
plan and require a bond from the applicant for each parcel as assurance that any further clearing
will conform to city standards pursuant to FWRC 19.120.240.
C. The City Should Require the Permit Applications Include Accurate Owner or Agent
Information.
It is established practice for the permitting agency to require that permit applications be submitted
by the owner or agent of the parcel. Yet practically every permit application for these parcels
contains inaccurate information regarding ownership of the property.
• Aleskey Onishchenko is listed as the owner and/or applicant on the following permits: 19-
102757-SF, 19102752-SF, 19-105985-EL, 19102759-SF, 19-102756-SF, and 19-102755-
AU.
• Lilia Stefoglo is listed as the owner for permit 19-105849-SF.
• Liliya Stefoglo is listed as the owner for 19-105855-AU.
• Esther Onischchenko is listed at the Owner on the application for 19-102758-AU.
Not one of these people is the legal owner of the properties at issue. All of the properties are owned
by 304 & 21st Ave, LLC.Z Furthermore, the Washington Corporation and Charities Filing System
reveals that none of these individuals are registered agents for 304 & 21st Ave, LLC.
The city should reject the pending applications and rescind the permits because of the false
ownership information on the applications. The city should require that resubmissions be from the
correct owner of the property or the owner's authorized agent.
D. The City Should Enforce Lot Size and Coverage Requirements.
At least one of the permit applications violate the city's lot coverage requirements. The application
materials for parcel 0121039161 misrepresent the lot size of the parcel. Application 19-105849-
SF claims the lot is 19,000 square feet. This is wildly inaccurate. The King County Parcel Viewer
states that this property is 8,759 square feet. The site plan for the parcel says the parcel is 9,930
square feet. Even the smaller figure is off by well over 1,000 square feet from the recorded lot size.
This is particularly important as Federal Way Code limits lot coverage in the RS-15 zone to 50%.
The current proposal for this lot would exceed this maximum. The site plans for parcel 0121039161
(although confusingly also referred to as both 012103961 and 0121039163) indicate 6,088 square
feet of impervious surface on an 8,759 square foot lot. Using the parcel area indicated by the
County's records, that results in 69.5 % coverage, far in excess of the 50% maximum allowed by
code.4
z 304 & 21st Ave, LLC is the owner of all five parcels according to King County Parcel Viewer ownership records.
s 4,150 (Roof) + 1,938 (concrete slab) = 6,088. See FWRC 19.110.020 ("... [T]he area of all structures, pavement
and any other impervious surface on the subject property will be calculated as a percentage of the total lot area ... ")
4 6088/8759=.695.
El
Even using the slightly larger lot area specified in the site plan (9,930 square feet), the 50%
threshold still would be exceeded.5 Only using the wildly inaccurate 19,000 square foot number
from the application would the lot coverage requirement be met.
It also appears that parcel 0121039158 will also exceed the 50% lot coverage requirement. The
site plan shows 5,790 square feet impervious surface on a 9,494 square foot lot, resulting in 61%
lot coverage.
Therefore, the city should halt construction and deny permit applications for parcel 0121039161
and 0121039158 until the applicants can demonstrate conformity with city code.
While we acknowledge that the building permits at issue may not require public notice, given the
dramatic changes to this sensitive forested site, the applicant and city could have done more than
the minimum required by code (i.e. nothing) and informed the neighbors about the project.
Furthermore, it appears that the applicant's contractor is not complying with state construction
notice requirements under RCW 60.04.230. The contractor has not posted any such notice.
Given the clear interest from the neighborhood and the untrustworthiness of the filings by the
applicants, we encourage the city to notify the neighbors of any updates, status changes, or
construction on these parcels moving forward.
We understand that most of these applications were submitted around the holidays and New Year
so maybe a few details fell through the cracks during the review process. Regardless, the City
Code requires compliance from the applicant' and tasks the development director with execution
and enforcement of the code.' On behalf of our client, we ask that you halt construction and
investigate the issues presented in the application materials and construction practices prior to any
further development of these parcels.
Very truly yours,
BRICKLIN & NEWMAN, LLP
Audre Clungeon
David Bricklin
Attorneys for January Agneiv-Parks
5 6088/9930= .665.
6 "Regardless of any review, approval, inspection, or other actions of the city, it is the responsibility of all
applicant and any owner to ensure that all work, actions, or conditions on the subject property comply with this title,
any permits or approvals granted under this title, and all other applicable laws or permits." FWRC 19.15.080.
7 "The community development director shall be responsible for directing the development and execution of
the city's comprehensive plan for development including growth projections, land use, housing, environmental
sensitivity, urban design, annexation, and zoning code modifications; reviewing and enforcing city development
including land use applications, code enforcement, plan review, and building inspection functions; overseeing human
resources programming; and supervising planning, program and other staff." FWRC 2.13.030.
E