Graceland SP Findings of FactGraceland Short Plat 19-105869-00-SU / Doc. I.D. 81770
Exhibit A / Finding of Facts Page 1 of 6
EXHIBIT A
Findings of Facts
Graceland Short Plat, File #19-105869-00-SU
The Planning Division hereby makes the following Findings of Facts pursuant to content requirements of the
short subdivision decision as set forth in Federal Way Revised Code (FWRC) 18.30.110. These facts are in
reference to King County tax parcel number 322104-9023, 37325 8th Avenue South, Federal Way.
1.Proposal – The applicant proposes to subdivide one existing 154,487 square-foot (3.55 acres) single-family
lot into four (4) single-family residential lots and right-of-way (ROW) dedication. As shown on the short
plat, the following are the net square footages for each lot/ROW:
Lot 1 36,608 sq. ft
Lot 2 35,008 sq. ft.
Lot 3 35,010 sq. ft.
Lot 4 35,002 sq. ft.
ROW 12,858 sq. ft.
2.Review Process – Pursuant to FWRC Chapter 18.30 “Short Subdivision Plats,” the proposed short plat is
subject to administrative review and decision rendered by the Director of Community Development. The
proposal has been reviewed by staff from the departments of Community Development and Public
Works, Lakehaven Water & Sewer, and South King Fire & Rescue. City staff used the following FWRC
development regulations when reviewing the short subdivision application: Title 16 “Surface Water
Management”; Title 18 “Subdivisions”; and Title 19, “Zoning and Development Code.”
3.Site Profile – The subject property is located southwest of the intersection of South 373rd Street and 8th
Avenue South, tax parcel 322104-9023. The 3.55-acre parcel is bordered by single-family residences and a
church to the south. The site contains one single family residence, which is to remain. The site has a
gradual slope to the west and north. The site is generally sloped 6 – 10 percent along the western
property line. The site is largely grassed, with trees along the south side of the property, blackberry along
the south and east sides, and mostly grass in the middle of the site.
4.Zoning and Comprehensive Plan – The subject property is zoned Single-Family Residential (RS35.0) and is
classified within the comprehensive plan designation as Single-Family – Low -Density Residential. The
proposal provides a density consistent with the Federal Way Comprehensive Plan (FWCP) designation. The
proposal meets relevant goals and policies of the FWCP.
5.Density and Dimensions – The subject property is subject to the RS 35.0 zoning requirements, with a
minimum lot size requirement of 35,000 square feet. The proposal meets the density requirement as
noted above. FWRC 19.200.010, “Detached Dwelling Unit,” prescribes setbacks, height, parking, and lot
coverage requirements. The proposed site plan depicts meeting the 20-foot front, 5-foot side, and 5-foot
rear setbacks required by code. Lot 2 is a corner lot with a 10-foot setback for that portion of the lot
adjacent to the street. Future building permit applications will be reviewed for compliance with these
provisions.
6.State Environmental Policy Act (SEPA) – The four-lot short plat is exempt from environmental review
pursuant to Washington Administrative Code (WAC) 197-11-800(6)(d).
Graceland Short Plat 19-105869-00-SU / Doc. I.D. 81770
Exhibit A / Finding of Facts Page 2 of 6
7.Public Notice & Comment – A Notice of Land Use Application for the short subdivision was published in
the Federal Way Mirror and posted at the subject property and city designated notice boards on January 31,
2020. No comments were received during the public comment period, which ended on February 14,
2020.
8.Critical Areas – The city’s critical areas map shows a wetland and stream off-site to the west within 225
feet of the subject property. The applicant submitted to the City, a Wetland Determination
Reconnaissance Report, prepared by BAI Inspection Services, LLC. The report identified Hylebos creek
to the west that is greater than 350 feet from the subject property, it was measured at approximately 600
liner feet away. The property is approximately 300 feet or greater than the edge of the wetland to the
west. The entire subject property contains no characteristics of a wetland. The City concurs with this
report and no additional critical areas review is needed.
9.Open Space – As the city continues to grow, with each new development and increase in residents, the
demand for additional recreational areas will follow. Providing open space with the new development is
necessary to address the recreation needs of the growing community. As part of the city’s 2013 Parks,
Recreation, and Open Space Plan (“the Plan”), the city has adopted the following core values, goals, and
policies regarding recreation and open space:
Core Value #3: Retain and Improve Our Open Space.
Open spaces and natural areas in the city provide an array of benefits to people and wildlife, and
can contribute to enhancing water quality in the community.
Core Value #5: Provide a Balance of Services for a Diverse Population.
Understanding the population being served and providing programs and opportunities that reflect
residents’ needs and interests is a major goal of the Plan. Federal Way’s park system should provide
a variety of options for active and passive recreation opportunities.
Goal B.1: Improve and maintain all neighborhood parks to maximize safety, visibility, usability, appeal,
and identity.
Policy B.2: Plan for improvements to neighborhood parks based on their unique potential
and designated role in the city-wide system.
Policy B.3: Explore ways to allow for informal play opportunities by incorporating
unprogrammed spaces such as fields and forested areas.
Goal C.1: Maintain city parks and open spaces so that they are inviting to users and offer facilities and activities
based on the potential of each property and community need.
Policy C.1: Develop a more recognizable and inviting park and open space system.
Goal L.1: Manage environmentally sensitive lands for long-term ecosystem health and biodiversity of natural
systems, while making them accessible to the community.
Policy L.1: Maintain open spaces so that they are accessible to residents.
Goal N.1: Preserve privately-owned open spaces with environmental constraints through incentive-based programs
to provide ‘breathing-room’ open space.
Policy N.3: To gain maximum effect on overall parks and recreation system, audit and
revise city code requirements for on-site open space, and revise to require contribution to
larger parks system rather than small, on-site parcels.
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Exhibit A / Finding of Facts Page 3 of 6
As proposed, the added residents in the four-lot short plat will increase the demand for recreation
activities and usable open space. Pursuant to FWRC 18.55.060, in order to reasonably mitigate the impact
of the development, the applicant is required to provide open space in the amount of 15 percent of the
gross land area of the property.
As proposed, there is limited space to provide on-site open space and the applicant has requested that a
fee-in-lieu of open space be provided. To accomplish this election, prior to plat recording, the applicant
will be required to pay 15 percent of the most recent assessed land value of the subject property pursuant
to limitations set forth in FWRC 19.100.070(1)(a). Pursuant to FWRC 18.55.060(2), any fees collected
shall be utilized within the park comprehensive plan planning area that the subject property falls within,
unless the applicant by voluntary agreement, agrees the fees may be utilized in a different planning area,
at the discretion of the Parks Department. The Parks Department has determined, after considering the
city’s overall park plan, that the in-lieu payment will be used outside of this plat’s recreation service area.
Therefore, at the time of payment, the city will require the applicant to provide a voluntary letter
authorizing the city to use the open space fee-in-lieu in any of the parks planning areas at the city’s
discretion.
10.Tree and Vegetation Retention/Replacement – Per FWRC 19.120.130(2), single-family residential zones are
required to maintain a minimum of 25 tree units per acre. The total amount of tree units required for the
short subdivision is calculated by multiplying gross site acreage, minus any proposed public/private street
by the required tree density per FWRC 19.120.130(3). Per the short plat drawing, the gross acreage of the
site is 3.55 acres and the right-of-way dedication/access easements is 0.30 acres, for a net total of 3.25
acres. The subject property requires 82 tree units (3.25 acres multiplied by 25 tree units per acre). The
applicant proposes to retain tree units on site, exceeding the requirement.
As part of the Engineering (EN) review, provide a separate tree retention/planting plan that identifies how
the tree canopy standards will be met, including tree unit calculation per FWRC 19.120.130(3) and tree unit
credits for retaining existing trees, or the planting of new trees per FWRC 19.120.130(4). The
tree/vegetation retention plan should contain items (a) through (e) listed in FWRC 19.120.040(2).
A note has been added to the short plat drawing stating that at the time of the building permit application,
the site plan for lots 1-4 must depict where the retained trees will be located per the approved Tree
Retention Plan.
11.Concurrency – The proposed short subdivision will generate four (4) new weekday PM peak hour trips. As
such, the development was required to undergo traffic concurrency analysis pursuant to the state Growth
Management Act; goals and policies of the Federal Way Comprehensive Plan; and FWRC Chapter 19.90,
“Transportation Concurrency Management.” The city’s Traffic Division reviewed the concurrency
application (19-105870-00-CN) and determined all intersections impacted by one or more weekday
evening peak hour trips from the proposed development would meet the city’s Level of Service standards
with programmed improvements; therefore, a Capacity Reserve Certificate (CRC) was issued by the City
Traffic Engineer on March 17, 2020.
12.Transportation Impact Fee – In order to mitigate the impacts of new development on the city’s street
infrastructure, the applicant will be subject to the transportation impact fee (TIF), FWRC 19.91. The fees
shall be assessed and collected from the applicant when the building permit is issued, using the fee
schedule then in effect.
13.Street Frontage Improvements – The applicant is required to construct and dedicate a local street roadway,
which have been modified by the Deputy Public Works Director (file # 20-101562-SM). The request to
modify or waive elements of the frontage improvements are approved as follows:
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Exhibit A / Finding of Facts Page 4 of 6
1) South 373rd Street is identified as a Principal Collector, corresponding to City Standard Street
Section Type “P”, which requires a 32-foot paved section, two 10-foot ditches, two 6-foot sidewalks
and two 3-foot utility strips within a 70-foot right-of-way.
Currently South 373rd Street has a 60-foot right-of-way with areas of ditches but no sidewalks.
The applicant is required to provide an 11-foot travel lane and a 5-foot asphalt shoulder for a walking
path, as measured from the existing roadway centerline.
The Applicant shall dedicate 5-feet of property for right-of-way along South 373rd Street, to meet
the current standard.
2) 8th Avenue South is also identified as a Minor Collector, corresponding to City Standard Street
Section Type “P”.
Currently 8th Avenue South has a 30-foot right-of-way all located east of the proposed center line.
There are areas of ditches but no sidewalks.
The applicant is required to provide an 11-foot travel lane and a 5-foot crushed rock shoulder for a
walking path as measured from the existing roadway centerline.
The Applicant shall dedicate 35-feet of property for right-of-way along 8th Avenue South, to meet the
current standard.
In addition, the applicant is required to:
Install a single street light at the intersection of 8th Ave S and S 373rd St;
Sign and record a Local Improvement District Waiver of Protest covenant.
14.Access – Lots 2, 3, and 4 will access directly off South 373rd Street. Lot 1 will have access from an existing
driveway to 8th Avenue South.
15.Stormwater – The project is currently designed to meet all stormwater requirements of the 2016 King County
Surface Water Design Manual (KCSWDM) and the City of Federal Way Addendum to the KCSWDM.
However, the City will adopt the 2021 KCSWDM and City Addendum on January 1, 2022. While this
new manual does not implement significant changes that will affect the proposal, the final engineering
plans will need to comply with the requirements of the new manual. The applicant is not required to
provide any flow control or water quality facilities at this time, either for the future buildings or the street
frontage improvements. However, flow control Best Management Practices (BMP’s) are required as part
of the future single-family homes. These BMP’s will be designed and reviewed under the individual
Building Permits at the time of permit application. Review of final engineering plans and the TIR for the
street frontage improvements will continue under a separate engineering (EN) application.
16.Stormwater System Development Charge (SDC) – The SDC is based on the amount of new impervious surfaces
added for any development. The SDC is expressed as an Equivalent Service Unit (ESU): 1 ESU = 3,200
square feet (SF) of impervious surface added. For subdivision projects, the SDC is collected in 2 phases –
the first SDC is based on the amount of new impervious surface added for roadways, sidewalks, and
other plat infrastructure, and is collected at the time of Engineering (EN) approval, the second SDC is
collected at the time of issuance of single-family home permits. A five percent administration fee will be
added to the total SDC. All SDC fees are payable at permit issuance.
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Exhibit A / Finding of Facts Page 5 of 6
17.Water and On-Site Septic System – The applicant proposes to serve the short subdivision with a public water
supply and distribution system managed by Lakehaven Water & Sewer District. The January 3, 2019,
Certificate of Water Availability indicates Lakehaven’s capacity to serve the proposed development by an
existing eight-inch diameter water main that is located in South 373rd Street, approximately 55 (plus or
minus) feet to reach the site. A Lakehaven Water Service Connection application required for any
new/modified service connections. Water service stub connections shall be completed and active prior to
plat recording.
The applicant proposes to serve the short subdivision with on-site septic systems. The 4-lot subdivision
received preliminary approval of the on-site sewage systems by Seattle & King County Public Health on
September 30, 2019. The applicant is responsible for obtaining King County Public Health’s signature on
the final short plat drawing prior to recording.
18.Fire Requirements – South King Fire & Rescue has indicated that a Certificate of Water Availability, which
includes a hydraulic fire flow model, shall be requested from Lakehaven, and provided at the time of the
building permit application for each lot. Depending on structure placement and access, a NFPA 13D fire
sprinkler system may be required; this will be determined at the time of the building permit submittal for
each lot.
19.Lot Addresses – The city’s Building Department has assigned the following addresses to the proposed lots.
Prior to recording, addresses for each lot must be depicted on the short plat drawing.
Lot 1 - 37325 8th Avenue South
Lot 2 - 725 South 373rd Street
Lot 3 - 715 South 373rd Street
Lot 4 - 705 South 373rd Street
20.School Impact Fee –A school impact fee is required to mitigate the additional new students this subdivision
may add. Pursuant to FWRC 19.95.050(2), the impact fees shall be assessed and collected from the
applicant when the building permit is issued for each lot. This fee amount is subject to change as
determined annually by the Federal Way School District.
21.Conditions of Approval – Staff recommends the Director of Community Development include the following
conditions of approval in the short subdivision decision. Unless otherwise permitted in FWRC 18.30.280,
all conditions shall be met prior to plat recording:
1) The applicant must obtain engineering (EN) permit approval and authorization to proceed
from the Public Works Department prior to construction of plat infrastructure.
2) As part of the EN application submittal, provide a separate tree retention/planting plan
containing items (a) through (e) listed in FWRC 19.120.040(2).
3) Prior to plat recording, the applicant shall provide the city’s Parks Department a fee-in-lieu
payment for open space in the amount of 15 percent of the most recent assessed land
value of the subject property and a letter authorizing the city to use the open space fee-in-
lieu payment in any of the parks planning areas at the city’s discretion.
4) Prior to plat recording, addresses for each lot must be depicted on the short plat
document.
5) Prior to plat recording, all improvements, as modified by the Public Work Deputy
Director (file # 20-101562-SM), shall be constructed along the property frontage and
accepted by the Public Works Department.
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Exhibit A / Finding of Facts Page 6 of 6
6) Prior to plat recording, the owner shall sign and record a Local Improvement District
(LID) Waiver of Protest covenant.
22.Design Criteria – The proposed short subdivision satisfies applicable design standards pursuant to FWRC
Chapter 18.55, “Design Criteria,” including, but not limited to, land division design, lot design, density,
and open space, subject to conditions being met.
These findings shall not waive compliance with future City of Federal Way codes, policies, and standards
relating to this development.
Prepared by: Senior Planner Becky Chapin Date: November 5, 2021