21-102193-Project Narrative and UPIII Burden of Proof-06-03-2021-V1
June 3, 2021 Job No. 2120-001-020
Mr. Keith Niven
Planning Manager
Department of Community Development
City of Federal Way
33325 8th Avenue S
Federal Way, WA 98003
RE: Process III Application Submittal and Burden of Proof
Sokalskyy Reasonable Use – Parcel A S 359th Street
Dear Mr. Niven:
Please accept this letter and accompanying information as our submittal, on behalf of Yumo
Construction, LLC and Pavlo Sokalskyy, for a Process III application with a reasonable use
proposal of property located along S 359th Street between Pacific Hwy S and 16th Ave S in the
City of Federal Way.
The project includes King County parcel 292104-9091 (Parcel A of BLA 18-102925-SU) and
directly east of the Hylebos Wetlands. The project parcel also contains an onsite Category III
wetland – the buffers from each wetland fully encumbers the project site. Applying provisions from
FWRC 19.145.440(4-6) is not feasible for development of the site. We understand that FWRC
19.145.090 provides standards related to reasonable use processes within the City. It is our
understanding that based on the criteria in (3), a proposed single-family home for the project
parcel may be approvable. Thus, the project proposes to build a single-family home within the
buffer of two wetlands.
The following is a general project narrative that outlines the proposal as well as known issues and
constraints that are relevant to this project. Please refer to the enclosed site plan for more details.
Zoning
The subject property is zoned RS15.0 and is approximately 0.86 acres. The parcel is currently
vacant, with no street address or structural improvements.
Surrounding uses are as follows:
North: Multi-Family Residential
South: Vacant
East: Single-Family Residential
West: Hylebos Wetland Property
Mr. Keith Niven
Parcel A
June 3, 2021
Page 2
Critical Areas and Reasonable Use
The project parcel has potential to meet the underlying zoning standards for single-family
residential uses within the RS15.0 zone. However, the site is encumbered by a Category III
wetland with 6 habitat points, requiring a 150’ buffer per FWRC 19.145.420.2. The buffer from
this onsite wetland encompasses the entirety of the property. In addition, the Hylebos Wetlands
(Category I- 8 habitat points) west and north of the subject sites have a 300’ buffer that also
overlaps the property.
The subject property and the owner’s additional property south of this site have previously gone
through a wetland report peer review. Under city file no. 16-105771-AD it was determined as
documented in a September 18, 2017, letter that there is a Category II wetland on-site (Wetland
A) with a 165-foot buffer and a Category I wetland off-site (Wetland B) with a 225-foot buffer, and
that both parcels were completely encumbered by the buffers from Wetland A and B. The two lots
were later reconfigured via a Boundary Line Adjustment (city file no. 18-102925-SU) approved on
December 11, 2018 and recorded under King County recording number 20190208900013.
The previous, June 13, 2016, wetland delineation prepared by Habitat Technologies is valid for a
five-year period. The city updated the wetland buffer requirements in the FWRC via Ordinance
No. 19-873, adopted in July 2019. As part of this application, the project’s biologist has provided
an updated report to address the City’s updated buffer requirements. Please refer to the Wetland
and Buffer Establishment and Enhancement Program by Habitat Technologies, dated May 4,
2021, for the required updates, mitigation plan and responses to the Reasonable Use criteria
found in FWRC 19.145.090 (3).
Proposed Use and Layout
The project layout proposes to build a single-family home, utilizing the existing access and utilities
easement with a 16’ asphalt drive aisle that extends minimally from the southern parcel. The
building footprint of the future home will be no more than 1,600 SF, located in the southeast portion
of the parcel, to provide the most distance from the onsite and adjacent wetlands, The residence
will also include a 20’ wide driveway, a walkway and a front porch. As shown on GR-01, grading
is minimized as much as possible by providing a daylight basement. All on site trees will be
retained and preserved. The future home would have a maximum permanent impact of 7,215 SF,
as described below.
Net Developable Area:
Total Site Area: 37,609 SF
Critical Area: 10,868 SF
Critical Area Buffer: 19,526 SF
Net Site Area/Permanent Impacts: 7,215 SF
Utilities
Water and sanitary sewer services provided by Lakehaven Water and Sewer District are available
in the adjacent right-of-way to the property – service lines will be provided from the existing utility
mains. This home will also contain sprinklers to be approved by the Fire reviewer, as noted in the
Mr. Keith Niven
Parcel A
June 3, 2021
Page 3
preapplication conference summary. The home will be fitted with downspouts/splash blocks as
required. Please refer to the Stormwater Narrative provided with this submittal for more details.
Process III – Burden of Proof
The following is offered to demonstrate how this request meets the criteria of Federal Way
Revised Code (FWRC) 19.65.100(2) Decisional Criteria. The code sections below are in italics
with applicant responses in bold:
(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:
(i) It is consistent with the comprehensive plan;
The proposed Reasonable Use Application is consistent with the Federal Way
Comprehensive Plan (FWCP) designation of Residential Single Family, Medium
Density. The project is consistent with the following specific goals and policies of the
FWCP:
LUP1 Use development standards and design guidelines to maintain
neighborhood character and ensure compatibility with surrounding uses.
The proposed project follows prescribed development standards and
design guidelines specific to single-family homes and RS15.0 zone.
LUP 10 Support the continuation of a strong residential community.
The development of the single-family residence will support the
continuation of a strong residential community. The surrounding uses are
also residential.
NEP2 Preserve and restore ecological functions, and enhance natural
beauty, by encouraging community development patterns and site planning
that maintains and complements natural landforms.
The wetland and their associated buffers will be preserved to the greatest
extent possible. The development will inevitably impact a portion of the
buffer. However, a buffer enhancement program is proposed with this
project. See the “Wetland and Buffer Establishment and Enhancement
Program” by Habitat Technologies, dated May 2021 for details.
NEP82 Encourage minimal modification of trees within environmentally
critical areas and their buffers.
All trees within the critical areas and their proposed buffers will be retained.
NEP105 Open space provides important wildlife habitat corridors and
should be linked with other regional and state open space systems.
The onsite wetland currently provides 6 habitat points. The onsite wetland
is immediately adjacent to the Hylebos wetlands west of the project parcel.
Mr. Keith Niven
Parcel A
June 3, 2021
Page 4
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.
The project will preserve the existing habitat connections and tree canopy.
Permanent impacts will only be made to a portion of the onsite buffer and
mitigation in the form of enhancement is proposed.
(ii) It is consistent with all applicable provisions of this title;
Development of the subject property is required to comply with all provisions of FWRC
Title 19, “Zoning”; Title 16, “Surface and Stormwater Management” Title 14,
“Environmental Policy”; and all other applicable codes, policies and regulations. By
complying with the aforementioned requirements, and applying the Reasonable Use
provisions of FWRC 19.145.090, the proposed development is consistent with all
applicable provisions of FWRC.
(iii) It is consistent with the public health, safety, and welfare;
Future development of the residential site will be in accordance with applicable codes
and regulations will ensure protection of the public health, safety, and welfare.
Proposed infrastructure provides access and utilities appropriate for fire access,
domestic water, sanitary sewer, and stormwater management for the site. All structures
will be constructed to the most current City of Federal Way building standards. 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 (including fire sprinklers), 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 proposed access to the subject property is designed to minimize all adverse
impacts on the critical areas and buffer onsite. The access will be located on the far
east side of the site to create the least impact to the critical areas and allow for the
opportunity to share the access with the parcel south of the project (292104-9091).
(vi) Traffic safety impacts for all modes of transportation, both on and off site, are
adequately mitigated.
Traffic safety impacts for all modes of transportation, both on and off-site are
adequately mitigated. The project will include the installation of a 5-foot gravel
shoulder along the south property frontage to accommodate the school walking route,
as approved under #20-104334-00-SM. A traffic concurrency application is included
with this application.
Mr. Keith Niven
Parcel A
June 3, 2021
Page 5
Process III Submittal Items
The following items relevant to the Process III application have been included with the overall
submittal:
Process III Narrative and Burden of Proof (this letter);
Master Land Use Application;
Concurrency Application;
Preapplication Conference Summary Letter;
Process III Checklist Provided by City Staff;
Title Report;
Water and Sewer Availability Certificates;
Plan Set;
o Site Plan – ST-01;
o Grading and Drainage Plan – GR-01;
Stormwater Narrative;
Wetland and Buffer Establishment and Enhancement Program.
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.
SAVANNA NAGORSKI, M.S
Land Use Planner/GIS Analyst
Enc: As Noted
cc: Pavlo Sokalskyy
Yuriy Momotyuk, YUMO Construction, LLC
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