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21-100017 Letter Addressing Public Comments_3-31-21 EXHIBIT A 2019 CODE ENFORCEMENT REPORT EXHIBIT B 2019 CODE COMPLIANCE EMAIL &ƌŽŵ͗ŶŐŝĞsŝůůĂůŽǀŽƐ ^ĞŶƚ͗&ƌŝĚĂǇ͕Ɖƌŝůϭϵ͕ϮϬϭϵϰ͗ϭϬWD dŽ͗ΖWĂƚĂŶĚDŝĐŚĞůůĞ,ŽŵĞΖ ^ƵďũĞĐƚ͗Z͗ϯϯϯϬϱϰϯƌĚǀĞ^t ,ŝDŝĐŚĞůůĞ͕ /ǁĂƐŽƵƚƚŽǇŽƵƌƉƌŽƉĞƌƚŝĞƐƚŽĚĂǇ͘/ǁĂƐĂďůĞƚŽƚĂŬĞƉŚŽƚŽƐ͕ƚŚĞƐĞĂƌĞƚŚĞƉŚŽƚŽƐ/ǁŝůůƵƐĞƚŽĐůŽƐĞŽƵƚ ƚŚĞĐĂƐĞ͘ůů/ƐĞĞůĞĨƚĂƌĞƐŽŵĞϱŐĂůůŽŶƉĂŝŶƚďƵĐŬĞƚƐĂŶĚƚŚŝƐƉŝůĞŽĨůĂƌŐĞƐĐƌĂƉŵĞƚĂů͘/ƚƌƵƐƚƚŚĞƐĞ ŝƚĞŵƐǁŝůůďĞŐŽŶĞƐŽŽŶ͘/͛ůůďĞĐůŽƐŝŶŐŽƵƚƚŚĞǀŝŽůĂƚŝŽŶƐǁŝƚŚĐŽĚĞĐŽŵƉůŝĂŶĐĞŽŶĂůůƚŚƌĞĞƉĂƌĐĞůƐ͕ĂŶĚ ůĞƚǇŽƵǁŽƌŬǁŝƚŚǇŽƵƌtĞƚůĂŶĚŝŽůŽŐŝƐƚĂŶĚƚŚĞŝƚǇ͛ƐWůĂŶŶŝŶŐĞƉĂƌƚŵĞŶƚĂƐĨĂƌĂƐďƵŝůĚŝŶŐŐŽĞƐ͘/Ĩ ǇŽƵĞǀĞƌŶĞĞĚƚŽƐƉĞĂŬƚŽƚŚĞWůĂŶŶĞƌŽŶƵƚǇŚĞƌĞĂƚƚŚĞŝƚǇĨŽƌƋƵĞƐƚŝŽŶƐ͕ƚŚĞŝƌŶƵŵďĞƌŝƐϮϱϯͲϴϯϱͲ Ϯϲϱϱ͘&ŽƌƋƵĞƐƚŝŽŶƐƌĞŐĂƌĚŝŶŐWĞƌŵŝƚƐ͕ƚŚĞŶƵŵďĞƌŝƐ ϮϱϯͲϴϯϱͲϮϲϬϳ͘ &ĞĞůĨƌĞĞƚŽĐŽŶƚĂĐƚŵĞƐŚŽƵůĚǇŽƵŚĂǀĞĂŶǇŽƚŚĞƌĨƵƌƚŚĞƌƋƵĞƐƚŝŽŶƐ͘ dŚĂŶŬǇŽƵDŝĐŚĞůůĞ͘ ŶŐŝĞsŝůůĂůŽǀŽƐ ͮŽĚĞŽŵƉůŝĂŶĐĞKĨĨŝĐĞƌ ϯϯϯϮϱϴƚŚ ǀĞ^ŽƵƚŚ ͮ&ĞĚĞƌĂůtĂǇ͕tϵϴϬϬϯ Ϯϱϯ͘ϴϯϱ͘Ϯϲϯϭ ŽƌϮϱϯ͘Ϯϳϴ͘ϲϰϰϭ ͮϮϱϯ͘ϴϯϱ͘ϮϲϬϵ ŶŐŝĞ͘sŝůůĂůŽǀŽƐΛĐŝƚǇŽĨĨĞĚĞƌĂůǁĂǇ͘ĐŽŵ )URP3DWDQG0LFKHOOH+RPH>PDLOWRSDWDQGPLFK#PVQFRP@ 6HQW7KXUVGD\$SULO30 7R$QJLH9LOODORYRV 6XEMHFW5HUG$YH6: ,QWHUHVWLQJQHLJKERUVVDLGLWDOOFDPHRXWRIWKRVHWZRKRXVHV *HW2XWORRNIRU$QGURLG &ƌŽŵ͗ŶŐŝĞsŝůůĂůŽǀŽƐфŶŐŝĞ͘sŝůůĂůŽǀŽƐΛĐŝƚǇŽĨĨĞĚĞƌĂůǁĂǇ͘ĐŽŵх ^ĞŶƚ͗dŚƵƌƐĚĂǇ͕Ɖƌŝůϭϴ͕ϮϬϭϵϯ͗ϰϳ͗ϯϮWD dŽ͗ΖWĂƚĂŶĚDŝĐŚĞůůĞ,ŽŵĞΖ ^ƵďũĞĐƚ͗Z͗ϯϯϯϬϱϰϯƌĚǀĞ^t ,ŝ͕ dŚĂŶŬƐDŝĐŚĞůůĞ͕/͛ůůƚĂŬĞĂĚƌŝǀĞŽƵƚƚŽŵŽƌƌŽǁƚŽĚŽĂĨŽůůŽǁͲƵƉƐŝƚĞŝŶƐƉĞĐƚŝŽŶŽĨƚŚĞƉƌŽƉĞƌƚŝĞƐ͘ /ĚŝĚƐƉĞĂŬǁŝƚŚdŽŶǇĂŶĚĂĚǀŝƐĞĚŚŝŵƚŚĂƚƚŚĞŶĞǆƚƐƚĞƉŝƐƚŚĞŝƐƐƵĂŶĐĞŽĨĂĨŝŶĞ͘,ĞƐĂǇƐƚŚĂƚƚŚĂƚƐƉŽƚ ŝƐĂĐŽŵŵŽŶĚƵŵƉŝŶŐŐƌŽƵŶĚƐĨŽƌĂŶǇŽŶĞƚŽĚƌŝǀĞƚŚƌŽƵŐŚ͕ĚƵŵƉ͕ĂŶĚŬĞĞƉŐŽŝŶŐ͘ŶĚŚĞŝƐĐŽƌƌĞĐƚ͘ &ŽƌǀŝĐƚŝŵƐŽĨĚƵŵƉŝŶŐůŝŬĞƚŚĂƚǁĞĚŽŚĂǀĞĂƌĞƐŽƵƌĐĞƚŚƌŽƵŐŚ<ŝŶŐŽƵŶƚǇƚŽŽĨĨĞƌƉĞŽƉůĞĨƌĞĞĚƵŵƉ ǀŽƵĐŚĞƌƐ͕ŽĨĐŽƵƌƐĞƚŚĂƚůĞĂǀĞƐƚŚĞŝŶĚŝǀŝĚƵĂůǁŝƚŚƚŚĞƌĞƐƉŽŶƐŝďŝůŝƚǇŽĨŚĂǀŝŶŐĂƚƌƵĐŬĂŶĚŚĂƵůŝŶŐŝƚ ƚŚĞƌĞƚŽƚŚĞĚƵŵƉ͘dŽŶǇĚĞĐůŝŶĞĚƚŚĞĨƌĞĞĚƵŵƉǀŽƵĐŚĞƌĂŶĚĂƐƐƵƌĞĚŵĞŚĞǁŽƵůĚďĞƉŝĐŬŝŶŐƵƉƚŚĂƚ ĨƵƌŶŝƚƵƌĞƚŚŝƐǁĞĞŬĞŶĚĂŶĚŚŝƌŝŶŐĂĐƌĞǁƚŽĐůĞĂŶƵƉ͕ŚĞŝƐƐƵƉƉŽƐĞĚƚŽůĞƚŵĞŬŶŽǁǁŚŽŚĞŚŝƌĞĚĂŶĚ ǁŚĞŶĐůĞĂŶƵƉŝƐƐĐŚĞĚƵůĞĚĨŽƌ͘ /ƌĞĂůůǇĂƉƉƌĞĐŝĂƚĞǇŽƵƌŚĂƌĚǁŽƌŬŝŶĐůĞĂŶŝŶŐƵƉƚŚŝƐůĂŶĚ͘ dŚĂŶŬƐ͕ ŶŐŝĞsŝůůĂůŽǀŽƐ ͮŽĚĞŽŵƉůŝĂŶĐĞKĨĨŝĐĞƌ ϯϯϯϮϱϴƚŚ ǀĞ^ŽƵƚŚ ͮ&ĞĚĞƌĂůtĂǇ͕tϵϴϬϬϯ Ϯϱϯ͘ϴϯϱ͘Ϯϲϯϭ ŽƌϮϱϯ͘Ϯϳϴ͘ϲϰϰϭ ͮϮϱϯ͘ϴϯϱ͘ϮϲϬϵ ŶŐŝĞ͘sŝůůĂůŽǀŽƐΛĐŝƚǇŽĨĨĞĚĞƌĂůǁĂǇ͘ĐŽŵ )URP3DWDQG0LFKHOOH+RPH>PDLOWRSDWDQGPLFK#PVQFRP@ 6HQW7KXUVGD\$SULO30 7R$QJLH9LOODORYRV 6XEMHFW5HUG$YH6: +L$QJLH-XVWDTXLFNQRWHWROHW\RXNQRZRXUWKUHHSDUFHOVKDYHEHHQFOHDUHGDQGFOHDQHGXS 8QIRUWXQDWHO\7RQ\ZRXOGQ WZRUNZLWKXVWRFOHDQXSKLVPHVVDQGVWLOOKDVWUDVKHYHU\ZKHUH 0LFKHOOH *HW2XWORRNIRU$QGURLG &ƌŽŵ͗ŶŐŝĞsŝůůĂůŽǀŽƐфŶŐŝĞ͘sŝůůĂůŽǀŽƐΛĐŝƚǇŽĨĨĞĚĞƌĂůǁĂǇ͘ĐŽŵх ^ĞŶƚ͗dŚƵƌƐĚĂǇ͕Ɖƌŝůϰ͕ϮϬϭϵϭ͗ϯϬ͗ϬϲWD dŽ͗ΖƉĂƚĂŶĚŵŝĐŚΛŵƐŶ͘ĐŽŵΖ ^ƵďũĞĐƚ͗ϯϯϯϬϱϰϯƌĚǀĞ^t ,ĞůůŽDŝĐŚĞůůĞ͕ ,ĞƌĞŝƐƚŚĞEŽƚŝĐĞŽĨsŝŽůĂƚŝŽŶtĂƌŶŝŶŐŽŶĂůůƚŚƌĞĞƉĂƌĐĞůƐ͘ WƌŽƉĞƌƚǇŽǁŶĞƌĨŽƌϯϯϯϬϯϰϯƌĚ ǀĞ^tĂŶĚϰϯϬϲ^tϯϯϯƌĚ ^ƚŝƐŽǁŶĞĚďǇdŽŶǇ:ƵϮϬϲͲϳϴϴͲϳϳϭϭ͘ tŚĞŶǇŽƵĂƌĞƌĞĂĚǇĨŽƌŵĞƚŽĐŽŵĞŽƵƚƚŽƚĂŬĞƉŚŽƚŽƐůĞƚŵĞŬŶŽǁ͕ǇŽƵĚŽŶŽƚŶĞĞĚƚŽďĞƉƌĞƐĞŶƚŽŶ ƚŚĞƉƌŽƉĞƌƚǇĨŽƌŵĞƚŽĚŽƚŚĂƚ͘ dŚĂŶŬǇŽƵĨŽƌĐŽŶƚĂĐƚŝŶŐŵĞ͊ ŶŐŝĞsŝůůĂůŽǀŽƐ ͮŽĚĞŽŵƉůŝĂŶĐĞKĨĨŝĐĞƌ ϯϯϯϮϱϴƚŚ ǀĞ^ŽƵƚŚ ͮ&ĞĚĞƌĂůtĂǇ͕tϵϴϬϬϯ Ϯϱϯ͘ϴϯϱ͘Ϯϲϯϭ ŽƌϮϱϯ͘Ϯϳϴ͘ϲϰϰϭ ͮϮϱϯ͘ϴϯϱ͘ϮϲϬϵ EXHIBIT C PICTURES LOOKING UPSTREAM FROM PROJECT SITE Both were taken from same perspective while standing on lot ‐9043. The view is looking south towards the upstream reaches of Joes Creek and the neighboring home with address 33409 43rd Ave SW. The stream is difficult to see but flows onto the project site at this location from an area just beyond the green shrubbery and wraps around the neighboring property from a point where it flows out of an underground culvert approximately 100‐feet away. EXHIBIT D PUBLIC COMMENTS 1 Tina Piety Sent:Tuesday, February 16, 2021 11:30 AM To:Plng Inquiry Subject:Comments regarding 'Henry Lot 9069 Reasonable Use' application [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. Dear Mr. Davis, I am writing to comment on the Critical Areas Reasonable Use permit request known as "Henry Lot 9069 Reasonable Use." I believe the proposal for the development of “Henry Lot 9069 Reasonable Use” should not be approved. This piece of land is one of few left in the area that provides housing for native wildlife and protects the integrity of the land as it once was. Wetlands are some of our most protected areas, and for good reason. Wetland ecosystems play an integral role in lessening flood damage, purifying polluted waters and replenishing aquifers. Even when wetlands seem to be minimally impacted by building, there is often direct habitat loss, an addition of soil and materials which may heavily disrupt purification and absorption, a change in water levels and flow regimes which may be detrimental to vegetation, introduction of non‐native species which compete with the native, and the introduction of invasive species. Rabbits, occasional deer and coyotes, and a plethora of birds live in out‐of‐reach areas such as this and roam the periphery of the neighborhood, which would only be pushed out further if developed. The “Wetlands and Drainage Corridors Evaluation & Delineation Report” published by the City of Federal Way states that the wetlands of this area are “known to perform significant roles in the ecosystem, some of which are of immediate value to society… The functions provided by wetlands include hydrologic support, shoreline protection, stormwater and floodwater storage, water quality, groundwater recharge, and provision of wildlife habitat.” (https://docs.cityoffederalway.com/WebLink/ElectronicFile.aspx?docid=846637&dbid=0&repo=CityofFederalWay) There are plenty of homes in Federal Way for sale, and many plots of land without wetlands where a new house could be built. Building on this land is unnecessary and would be a detriment to the integral naturality of the state and city. There are dozens of houses for sale within just a few miles of this plot and Washington State currently has more than 25,000 houses for sale within its borders, many of which are close to wetlands but either do not impede on their processes or that have already been damaged to the point that new occupants might not have such a severe negative impact on the land. Each new plot which is sold out leads to the potentially fatal relocation of wildlife and affects the depollution and hydrologic supports of untamed land. If the goal of this family is to live near wetlands, there are a number of ethical ways they may do so that would be productive for the existing housing market of Washington State. Thank you for your time and consideration, Midori Tanouye 33037 47th Ave. SW Federal Way, WA 98023 253.740.5667 From:Nathon Allen To:Plng Inquiry Subject:Henry lot 9043 reasonable use Date:Saturday, February 13, 2021 10:20:47 PM [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy. Pleaseuse caution when clicking links, opening attachments, or replying to requests for information. If youhave any doubts about the validity of this email please contact IT Help Desk at x2555. Nathan Allen 4412 Southwest 335th Street Federal way 30 years ago I tried to get a permit to build a garage and it was a flat-out no so I'm wondering how these guys are getting a permit to build three houses next to Joe's Creek and the map you guys got here is not correct about where Jose Creek is I've lived here for 58 years I know where the Creek is and where it starts when I was younger I used to catch fish in that Creek and when they put in North shore golf course is when the fish disappeared and my neighbor bought a trailer and tore it down and now you guys won't give him a permit to build a house because of Joe's Creek which is a runoff it goes in to joe's Creek so I would like to know when you guys get these guys permits to build these three houses on wetlands can you give me a permit to build my garage This is notice of my protest to the Master Land Use Application: Henry Lot 9087, Lot 9069, Lot 9043 - Reasonable Use. Please consider this protest to all 3 lots involved with this application. It is my understanding that the applicant is requesting to build 3 homes on 3 separate lots, all of which are label (and correctly labeled as such) wetlands. They are doing so by requesting critical areas reasonable use permit. There is nothing reasonable in what I see being proposed. And no way I can see them building a home without bring in fill. We are talking boggy land complete with skunk cabbage and other plants that grow in those type conditions. These wetlands are critical in storm water collection and general health of the riparian zone that protect Joes Creek. A 10’ buffer is laughable. That isn’t even setback for a front property line. And who to say that the new owner isn’t going to hate the mosquitoes and bugs that go with boggy areas and fill it in even more. Once someone lives there and it’s their home, how are you going to stop that?? How will you ensure any buffer is maintained? Plus I saw no buffer between the house and the creek, why is the creek with its entire riparian zone not being protected, along with the bogs that co- exist with it. They have the creek in the wrong place on the drawing, or were they planning on moving it? I believe the “paved driveway” could possibly end up at a fork in the creek. What is proposed for that? More fill? Who needs a creek? Right?? I believe the planner, Chaney Skadsen, associated with this project should actually visit the site before even thinking about approving it. It would be derelict of duties for him to not do so. Please go see the situation for yourself. You should come in the spring when the skunk cabbage are blooming, they are beautiful! See them before they are destroyed. See for yourself what you will be partly responsible for destroying if you allow these permits to precede. You will also see the creeks location is not correctly represented on the plans, which one would think is kinda critical to this whole permit thing. We are loosing wetlands at an alarming rate, so why the city is even considering this amazes me. The city spent good tax dollar money on a study of the Joes Creek drainage, which does include the boggy areas that drains into it. And now you want to allow some contractor to fill part of it in – and yes, I know this reasonable use thing did not include any fill on the application, or at least not on this part of the application, but there is no way those 3 house can be built on those lots without fill, and without damage to the Joes Creek drainage. I care about the future of our planet and these fast dwindling wetlands are critical to the health of our waterways. The most responsible thing you can do is to deny these permits. At the very least make them submit accurate drawings of the areas in question, and definitely deny it until they do so.b Lynda Myra / property owner 33409 43rd Ave SW, Federal Way, WA 98023 From:Lynda Riversinc To:Plng Inquiry; Chaney Skadsen Subject:Reasonable Use Permit applications Henry Lot 9087, Lot, 9069, Lot 9043 Date:Monday, February 15, 2021 8:24:59 PM Attachments:protest to the Master Land Use Application.doc [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy. Pleaseuse caution when clicking links, opening attachments, or replying to requests for information. If youhave any doubts about the validity of this email please contact IT Help Desk at x2555. This is notice of my protest to the Master Land Use Application: Henry Lot 9087, Lot 9069, Lot 9043 - Reasonable Use. My comments are attached. Please do let me know you have received this, and also the outcome of the permit process. Regards, Lynda Myra /adjacent property owner riversinc2@gmail.com