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
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