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03-103310 /hi, CITY of CITY HALL . Federal Way 33530 1st Way South•PO Box 9718 Federal Way,WA 98063-9718 (253)661-4000 www cityoffederal wa y.corn Mr.Tres Kirkebo August 29,2003 Apex Engineering - rim 2601 South 35th Street, Suite 200 +;m Mad Tacoma, WA 98409 a Re: File#03-103310-00-AD;Bulkhead Inquiry; 2876 SW 300`h Place Dear Mr. Kirkebo: This letter is in response to your August 12, 2003,e-mail requesting information about the above referenced address. Specifically,you requested suggestions on how to move forward with bulkhead process and the City's position on the granting of such a permit. Your letter states your client, "...is looking to demolish an existing home and garage on a shoreline lot and construct a single family residence along with a protective bulkhead.It appears the waterward part of the property has been exposed to a history of significant erosion and the applicant wishes to address the state of erosion before the condition grows worse."You also note,"...the applicant is willing to consider the use of environmentally friendly alternatives to conventional concrete bulkheads to achieve this purpose." The lot in question is located on Puget Sound, is zoned Residential Single Family(RS-7.2),and is within a Rural Environment Shoreline Designation according to the Federal Way zoning map.The purpose of the rural shoreline designation is one that insures optimal utilization of the shorelines by permitting intensive use and by managing development so that is enhances and maintains the shorelines.' The lot has a low bank,approximately five feet in height, which separates the beach from the building lot with an existing single-family residence?Unimproved City right-of-way is west of the site,and a lot developed with a single-family residence is east of the subject site.Minor erosion from an uncontrolled drain line was noted at the northeast corner of the site. Based on a site visit by staff and review of applicable codes,the following information is provided. I. SHORELINE PROTECTION All work within 200 feet of the ordinary high water mark is regulated under the Federal Way City Code(FWCC)and RCW 90.580.030,3 and requires appropriate review. Shoreline protection is permitted within rural environment areas subject to the provisions of FWCC Section 18-165(i), which states that bulkheads shall not be considered an outright permitted use on the Puget Sound Shoreline. Under WAC 173.27.040.2(c),a"normal protective"bulkhead includes those structural and nonstructural developments installed at,or near and parallel to,the ordinary high water mark for the sole purpose of protecting single-family residences and appurtenant structures from loss or damage by erosion. Federal Way City Code Section 18-165(a),"Rural Environment" 2 The beach also contains numerous large rocks and a large log. 3 Definition of shorelands Mr.Tres Kirkebo Page 2 August 29,2003 As bulkheads are not permitted outright,the applicant must demonstrate that a bulkhead is necessary to protect single-family residences and appurtenant structures from loss or damage by erosion in order for the City to permit any kind of bulkhead on the shoreline.The City is required to review proposed bulkhead design as it relates to local physical conditions and the shoreline master program, and must find that the criteria of FWCC Section 18-165(i)(1)(a through d)and FWCC Section 18- 165(i)(3),4 are met. Copies of the shoreline environments section of the Federal Way Comprehensive Plan(FWCP)and FWCC Chapter 18 are enclosed. A) Non-Structural Methods—A technical evaluation prepared by a licensed shoreline professional shall be conducted to determine if shoreline stabilization is warranted in order to protect an existing single-family residence or appurtenant structure from loss or damage by erosion. If the analysis finds that shoreline stabilization is indeed warranted, an analysis of non-structural methods of shoreline stabilization must be conducted. This analysis must evaluate the potential for those non-structural methods of stabilization in lieu of a concrete bulkhead pursuant to FWCC Section 18-165(i), "Shoreline Protection,"and FWCP Section 2.8.5,"Shoreline Master Program"policies, including but not limited to,LUP93, LUP95,LUP99,LUP127,LUP132, LUP133, and LUP 134. If the report finds that non-structural shoreline stabilization methods such as vegetative growth stabilization,gravel berms, and beach nourishment are warranted,the applicant shall file a shoreline substantial development permit exemption request for the non-structural stabilization methods,as well as submit a State Environmental Policy Act(SEPA)checklist for evaluation. If the proposal is not exempt from the shoreline substantial development permit,the applicant may apply for shoreline substantial development permit. However, if the proposal does not meet the shoreline substantial development exemption criteria, it likely will not meet the criteria for approval through the shoreline substantial development permit process. Since the site is currently developed with a single-family use that will be demolished and a new single- family residence constructed,the siting of the new single-family residence should consider any erosion at the site. B) Other Methods—Only if the report finds non-structural methods will not work to stabilize the site;then other methods such as concrete bulkheads may be considered.Those structural methods also require review of a SEPA checklist and shoreline substantial development permit exemption request. -As stated above, if a proposal is not exempt from the shoreline substantial development permit, then you may apply for shoreline substantial development permit. However, if it does not meet the shoreline substantial development exemption criteria, it likely will not meet the criteria for approval through the shoreline substantial development permit process. Again, since the site is currently developed with a single-family use that will be demolished and a new single-family residence constructed, siting of the new single-family residence should consider any erosion at the site. 4 Shoreline protection shall not have an adverse impact on other properties and shall be designed so as not to create a need for shoreline protection elsewhere. File M03-103310-00-AD Doc.LD. 24408 M Mr.Tres Kirkebo Page 3 August 29,2003 C) Preapplication Conference—Any work that is subject to environmental review under SEPA requires a preapplication conference under FWCC Chapter 22,Article XX. A preapplication handout and master land use application are enclosed. D) Resources—The Washington State Department of Ecology has a publication titled Alternative Bank Protection Methods on Puget Sound that contains environmentally friendly shoreline stabilization projects.This document is available in hard copy form from Ecology Publications at 360-407-7472. It is also available online at http://www/ecy.wa.gov/biblio/0006012a.html. Those consultants whose projects are featured may be a useful resource for your clients' project. SUMMARY As stated above, a shoreline substantial development permit exemption cannot be considered for any shoreline work that does not protect an existing single-family residence or appurtenant structure. If the proposal is not exempt from the shoreline substantial development permit,then you may apply for shoreline substantial development permit. However, if the proposal does not meet the shoreline substantial development exemption criteria, it likely will not meet the criteria for approval through the shoreline substantial development permit process.Any proposed bulkhead requires comprehensive review of several varied components.Any time you wish to meet with staff to review the collected information,I would be glad to set up a meeting. II. GEOLOGICALLY HAZARDOUS AREA DEVELOPMENT According to the City's Environmentally Sensitive Areas map,the site is located within an erosion hazard area, with soils classified as InC—Indianola Loamy Fine Sand. Erosion hazard areas meet the definition of a geologically hazardous area and as such are regulated under FWCC.Pursuant to FWCC Section 22-1286,"Geologically Hazardous Areas Development,"any development activity may not occur on or within 25 feet of a geologically hazardous area unless no reasonable alternative exists,and then only if the development activity will not lead to or create any increased erosion hazard. A soils report prepared by a qualified engineer licensed in the State of Washington must address the criteria of FWCC Section 22-1286(c)(1)(a-e), and provide recommended foundation design and recommended methods for mitigating identified impacts. III. FEES The filing fee to process an environmental SEPA checklist is $1,486.00, shoreline exemption determination fees are $71.50, and shoreline substantial development permit fees are$2,294.50, plus additional fees based on the value of the project.5 IV. REVIEW OF TECHNICAL INFORMATION Please be advised that the City does not have geotechnical engineers on staff and contracts with an outside consultant for this review. Pursuant to FWCC Section 22-1243,the applicant will be obligated to reimburse the City for any geotechnical project review based on a predetermined scope of work and cost estimate. 5 See attached fee sheet. File 403-103310-00-AD Doc.I . 24408 Mr.Tres Kirkebo Page 4 August 29,2003 V. CONSTRUCTION Construction on shorelands of an owner occupied single-family residence that does not exceed 35 feet above average grade level,and which meets all requirements of the state agency or local government having jurisdiction, is considered exempt from substantial development permit requirements pursuant to WAC 173-27-040(g). SUMMARY New bulkheads are not permitted outright in shoreline areas. In order for the City to approve any kind of a shoreline protection,the applicant must demonstrate that the shoreline protection bulkhead is necessary to protect an existing residence from loss or damage by erosion.The City code and state law require implementation of non-structural solutions over hardened structures whenever possible. Specific information relating to the existing conditions,as well as specific recommendations, must be provided with the application. Environmental review and a shoreline substantial development permit are required, as is a preapplication conference. The City is encouraged to learn that your client is willing to consider the use of environmentally friendly alternatives to concrete bulkheads, since the codes do not support such methods as the highest alternative. If it is found that a bulkhead is necessary to protect an existing single-family residence from loss or damage by erosion, staff would support use of environmentally friendly alternatives. I may be reached at 253-661-4103 if you have any questions. Again, I would be glad to meet with you or your client to go over any aspects of this letter or project issues in advance of the preapplication conference. Sincerely, Deb Barker Associate Planner enc: Master Land Use Application Fee Sheet Preapplication Conference SEPA Checklist WAC173.27.040 FWCP Section 2.8.5 FWCC Chapter 22,Article III,"Shoreline Management" FWCC Chapter 22,Article XIV,"Environmentally Sensitive Areas" FWCC Chapter 18,"Environmental Protection" File 803-1 03 3 10-00-AD Doc.I .24408 ,FI\/E i BY Transmittal rcri• rl'IrT' -AUG 13 2003ipeXgineering Full Name: Greg Fewins Business: (253)661-4108 Company: City of Federal Way Business Fax: (253)661-4129 Address: PO Box 9718 Federal Way,WA 98063-9718 0 5_ (0?:J? D —(%'O —A19 Date: 8/12/03 Email: Regarding: Bulkhead permits Total Pages: File/Task: Comments: U �' 30e. 'L Greg, As a follow up from the conversation we had with Jim Harris on 8/12/03 we are interested in compiling necessary background information before beginning the bulkhead permit application process with the City of Federal Way. Our client is looking to demolish an existing home and garage on a shoreline lot and construct a single family residence along with a protective bulkhead. It appears the waterward part of the property has been exposed to a history of significant erosion and the applicant wishes to address the state of erosion before the condition grows worse. The applicant is willing to consider the use of environmentally friendly alternatives to conventional concrete bulkheads to acheive this purpose. Please respond with the City's suggestion on how to move foward with this process and what the City's position is on the granting of such a permit. Please call me if you have any questions. Tres Kirkebo Copy to: I Jim Harris Fax: Sender: Tres Kirkebo Email: kirkebo@apexengineering.net 2601 S. 35th Ste 200 Tacoma,WA 98409 (253)473-4494 Fax: (253)473-0599 PLEASE NOTIFY US IMMEDIATELY IF NOT RECEIVED PROPERLY