Status of Public Notice LetterDepartment of Community Development
33325 8th Avenue South
Federal Way, WA 98003-6325
253-835-2607
www.cityoffederalway.com
Jim Ferrell, Mayor
June 17, 2020
Ms. Savanna Nagorski
ESM Consulting Engineers, LLC
33400 8th Avenue South, Suite 250
Federal Way, WA 98003
savanna.nagorski@esmcivil.com
Re: File #19-105073-00-SE; STATUS OF PUBLIC NOTICE REQUIREMENTS
The Woodlands at Redondo Creek, Parcels 042104-9012 & -9221, Federal Way
Dear Ms. Nagorski:
With King County recently moving forward to Modified Phase 1 of Governor Inslee’s Safe Start Reopening
Plan, city staff now has the opportunity to proceed with the State Environmental Policy Act (SEPA) public
Notice of Determination of Nonsignificance (DNS) for the proposed Woodlands at Redondo Creek
Preliminary Plat. Due to the prior Stay Home Stay Safe Order, the city has been unable to provide public
notice in accord with the Federal Way Revised Code (FWRC).
City staff is ready to initiate the public notice process, but we need your consent in order to move forward
due to one potential procedural issue discussed below.
For this Notice of DNS, city staff must follow the notice procedures in FWRC 14.10.040, which specifically
includes the following:
1. The city shall give public notice for project-related actions as follows:
a. Notices will be posted on each of the official public notification boards of the city and public
libraries, published in a newspaper of general circulation in the city, posted prominently on the
site, and mailed to all owners of real property as shown in the records of the county assessor
located within 300 feet of the site and any interested party or agency who has filed its name
directly with the responsible official or as part of a public hearing or scoping process for the
following situations:
i. When the responsible official issues a determination of nonsignificance, optional
determination of nonsignificance, or mitigated determination of nonsignificance;
The city’s Official Newspaper for publication is the Federal Way Mirror and the Mirror recently resumed
print publication. Therefore, this can be met.
Ms. Savanna Nagorski
Page 2 of 2
June 17, 2020
19-105073-00-SE Doc. I.D. 80539
Posting on-site can now be accomplished, and the public will have opportunity to view the on-site public
notice boards.
Posting at the official public notification boards (two public libraries in the city and at City Hall) is where we
run into a procedural issue, as the libraries and City Hall are currently closed to the public, and we therefore,
cannot fulfill this posting obligation.
City staff is willing to move forward with the Notice of DNS, on condition that the applicant agrees to
proceed and acknowledges and understands the city is unable to completely fulfill all the notification
procedures due to inability to post on each of the official notification boards of the city and public libraries
located within the city. The inability to implement all of the prescribed public notice requirements in the
FWRC could potentially provide the opportunity of an assertion of a procedural error in regard to the SEPA
public notice process.
Due to city staff’s inability to post at the libraries and City Hall, we are taking additional steps to increase the
visibility of the public notice on the city’s website.
Please provide your permission and approval to move forward with the Notice of DNS, or alternatively, let
us know to place the project Notice of DNS on hold until all the notice requirements can be met.
If you have any questions, please contact me at becky.chapin@cityoffederalway.com, or 253-835-2655.
Sincerely,
Becky Chapin
Senior Planner
c: Ann Dower, Senior Engineering Plans Reviewer
Sarady Long, Senior Transportation Planning Engineer
John Everett, ESM, john.everett@esmcivil.com
Dmitriy Mayzlin, American Classic Homes, dmitriy@americanclassichomes.com