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Process III Burden of ProofOctober 23, 2019 Mr. Brian Davis Community Development Director City of Federal Way 33325 8th Avenue S Federal Way, WA 98003 RE: Process III Application - Burden of Proof The Woodlands at Redondo Creek Dear Brian: Job No. 1352-023-019 On behalf of RMJ Holdings, LLC, ESM Consulting Engineers is pleased to submit a Preliminary Plat, SEPA with project and Process III land use applications to the City of Federal Way for review and processing. As part of the Process III review process, "the applicanthas the responsibility of convincing the director that, under the provisions of [Chapter 19J, the applicant is entitled to the requested decision"per FWRC 19.65.080. The project includes King County tax parcels 042104-9012 and -9221, which totals approximately 21.85 acres of mixed -zoned property located in the northern portion of Federal Way adjacent to S 3041h Street and Pacific Hwy S. The proposed single-family home development is contained within the RS 5.0 zone. The proposed plat includes 68 single-family residences, public right-of-way dedications, open space and associated infrastructure. A wetland and stream (Redondo Creek) associated with Steel Lake (a residential -designated shoreline) run through the site and are contained in a critical area tract that includes their required buffers. No impacts to the critical areas are proposed. However, minimal buffer averaging of the wetland is proposed for the site to accommodate grading of the site development and is the aspect of the project proposal for which the Process III review is required. Critical Areas A Critical Areas Report prepared by Sewall Wetland Consulting is included in this submittal to address critical areas on site and proposed wetland buffer averaging, per FWRC 19.145.080 (environmentally critical areas, outside shoreline jurisdiction). The seasonal stream, part of Redondo Creek, that flows within and near the onsite wetland drains away from Steel Lake, "north towards SR 99 where it passes through a trash rack and enters a long culvert system before daylighting to the north and west of SR 99" (per Sewall Wetland Consulting). The onsite stream has been rated as a minor stream/Type Ns (non - fish bearing) and prescribed a 35' buffer per FWRC 19.145.270, discussed in the Critical Areas Report. No intrusion into the stream or buffer is proposed with this project. 33400 8th Ave. S. Ste 205 Tel (253) 838 6113 Everett (425) 297 9900 Civil Engineering Land Planning Federal Way, WA 98003 Fax (253) 838 7104 Toll Free (800) 345 5694 Land Surveying Landscape Architecture WWW.esmcivil.com 3D Laser Scanning GIS Mr. Brian Davis October 23, 2019 Page 2 The onsite wetland has been rated a Category II with 6 habitat points, requiring a 150' buffer per the City of Federal Way standards. This project does not propose to intrude into the wetland, as the limits of the wetland are north of the required right-of-way improvements. Buffer averaging is proposed with this project, pursuant to FWRC 19.145.440 (5). The City's standard for buffer averaging allows the buffer to be reduced to not less than 75 percent of the required width, or 112.5', when the "total area of the buffer afteraveraging is equal to the area required without averaging." The proposed project design removes a total of 18,674 SF of standard buffer area, east of the wetland and adjacent to lots 45-57. Buffer replacement totals 19,188 SF of buffer northeast of the standard wetland buffer area. The narrowest point of buffer reduction follows the tract line between Tracts A and B, no less than the 112.5' allowed. The Critical Areas, buffers and proposed buffers are retained in Tract A. Please review the Critical Areas Report included with this submittal for a complete analysis of how the proposed buffer averaging meets the requirements set forth in FWRC 19.145.440(5). Burden of Proof The proposed project meets the criteria set forth in FWRC 19.65.100(2) as outline below: (2) Decisional criteria. The director shall use the criteria listed in this subsection and the provisions of this title describing the requested decision in deciding upon the application. (a) The director may approve the application only if W It is consistent with the comprehensive plan, - The proposed preliminary plat is consistent with the Federal Way Comprehensive Plan (FWCP) designation of Residential Single Family, High Density. The project is consistent with the following specific goals and policies of the FWCP: Land Use: LUP1 Use development standards and design guidelines to maintain neighborhood character and ensure compatibility with surrounding uses. o The proposed project follows prescribed development standards and design guidelines specific to a single-family subdivision and the RS 5.0 zone. LUP16 Encourage the development of parks and the preservation of open space in and adjacent to residential areas to provide adequate recreational opportunities and preserve the natural setting of Federal Way. Mr. Brian Davis October 23, 2019 Page 3 o The onsite wetland and stream and their proposed buffers will be preserved as conservation open space to maintain the natural setting in the City. The location of the critical areas adjacent to SR 99/Pacific Hwy S and S 304th St, in addition to greater setbacks from S 3041h St, provide a natural, aesthetic buffering of the homes from public right- of-way. Further, the addition of 68 new single-family homes contributes to the demand for additional housing to accommodate the growing population within the City as is identified in Chapter Two, Land use of the FWCP. Natural Environment: NEP2 Preserve and restore ecological functions, and enhance natural beauty, by encouraging community development patterns and site planning that maintains and complements natural landforms. o The wetland and stream and their proposed buffers will be preserved through this subdivision. The area is currently encumbered by a homeless population and associated debris that negatively affects the critical areas. Through this project the debris will be removed which will increase the ecological functions of the wetland and stream, while also securing the area from trespassers. NEP3 Plant suitable native trees and vegetation within degraded stream, wetland, lake buffers and steep slopes. o This project includes tree retention, replacement and landscaping of the site, including in areas adjacent to the critical areas. The site currently contains a significant population of unhealthy or poor -condition trees. The newly planted trees will increase the health of the natural environment NEP10 The City may continue to require environmental studies by qualified professionals to assess the impact and recommend appropriate mitigation of proposed development on environmentally critical areas and areas that may be contaminated or development that may potentially cause contamination. o A Geotechnical Engineering Study, an Arsenic and Lead Soil Assessment and Critical Areas Report are provided with this application. Remedial actions (outside of critical areas or their buffers) are proposed with this project for soil contaminations. The Critical Areas Report has also been reviewed by a third parry per the Citys request Mr. Brian Davis October 23, 2019 Page 4 NEP82 Encourage minimal modification of trees within environmentally critical areas and their buffers. o All healthy trees within the critical areas and their proposed buffers will be retained. Trees in hazardous or poor condition may be replaced with healthy, native trees as part of this project NEP83 Encourage preserving forested areas within tracts and Native Growth Protection Easements when subdividing land. o The existing forested areas contained in the critical areas and proposed buffers will be preserved in Tract A, separated from the development on site. NEP105 Open space provides important wildlife habitat corridors and should be linked with other regional and state open space systems. o The onsite wetland currently provides 6 habitat points. This will be maintained with the project development through the preservation and connection to the wetland and Steel Lake across S 304th St NEP106 Preserve and restore habitat connections and tree canopy to link stream corridors, geologically hazardous areas, floodplains, wetland and critical habitat sites into a system of habitat corridors. o The existing habitat connections and tree canopy within the onsite Redondo Creek (stream) and wetland will be preserved and restored as part of the local habitat corridor. (ii) It is consistent with all applicable provisions of this title Development of the subject property is required to comply with all application provisions of FWRC Title 19, "Zoning"; Title 16, "Surface and Stormwater Management" Title 14, "Environmental Policy; and all other applicable codes, policies and regulations. Through proper code analysis, application of standards and requirements, the City's review of the project and the applicant's compliance, the proposed development is consistent with all applicable provisions of FWRC. A SEPA application is also part of the overall project - the project proposes to comply with the State Environmental Policy Act (iii) It is consistent with the public health, safety, and welfare,. Future development of the plat in accordance with applicable codes and regulations will ensure protection of the public health, safety and welfare. Mr. Brian Davis October 23, 2019 Page 5 Proposed infrastructure provides roads and utilities appropriate for fire access, domestic water, sanitary sewer and stormwater management for the development; The existing homeless population on the site will be evacuated, along with associated debris. The site will be secured from trespassers and further adverse contamination; The onsite critical areas and their proposed buffers will continue to provide natural habitat and hydrology features within the City. (iv) The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal, - Proposed infrastructure provides roads and utilities appropriate for fire access, domestic water, sanitary sewer and stormwater management for the development They will be reviewed for approval by South King Fire and Rescue, Lakehaven Water and Sewer District and City of Federal Way review staff. (v) The proposed access to the subject property is at the optimal location and configuration; and The project proposes two access points to accommodate the amount of new single-family homes proposed within the subdivision. The two access points are located at the most feasible and optimal options on the site, providing traffic distribution between the existing neighborhoods and a through street within the development (vi) Trafc safety impacts for all modes of transportation, both on and off site, are adequately mitigated. The proposed project has and will be reviewed by the Federal Way Public School staff to ensure safe school access for new scholars that will reside in the proposed development Frontage improvements along S 30411, St and full improvements on the internal roadway system provide safe travelling for vehicles and pedestrians. 2019 traffic safety impacts are addressed through the Concurrency review provided by the City of Federal Way and further traffic analysis provided in the "The Woodlands at Redondo Creek Revised Traffic Impact Analysis" prepared by Traffex dated September 28. The applicant is also responsible for paying Traffic Impact Fees at time of building permit (b) if the application is subject to the requirements of Chapter 19115 FWRC, Community Design Guidelines, the directorshall also use the following criteria in deciding upon an application: This project is not subject to the requirements of the Community Design Guidelines as the proposal is for a single-family residential subdivision. Mr. Brian Davis October 23, 2019 Page 6 Process III Submittal Items The following items relevant to the Process III application have been included with the overall submittal: • Process III Burden of Proof Narrative (this letter, 2 copies); • Preliminary Plat Narrative (2 copies); • Preapplication Conference Summary Letter; • Title Report (2 copies); • Site Photographs from Each Compass Point (8 copies); • SEPA Checklist (4 copies); • Process III/Preliminary Plat Plan Set (8 copies); • Tree Conservation Plan (4 copies); • Geotechnical Report (4 copies); • Critical Areas Report (4 copies); and • Process III Fees ($6,626.00). We understand that this letter addresses the Applicant's responsibility to provide a burden of proof to support approval of the Process III application for the Woodlands at Redondo Creek preliminary plat. Please contact me directly with any questions or comments you have regarding this project. Thank you for your attention to this project and we look forward to working with the City. Best Regards, ESM CONSULTING ENGINEERS, L.L.C. NZ SAVANNA NAGORSKI, MS Land Use Planner/GIS Analyst Enc: As Noted CC: Dmitriy Mayzlin (w/Enc) Justin Lagers Ilesm8lengrlesm-iobsO35210 M1Mocumentlletter-005.dou