15-103144N
L � �
wed 7885 ���
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
Northwest Regional Office • 3190 160th Ave SE • Bellevue, WA 98008-5452 e 425-649-7000
711 for Washington Relay Service • Persons with a speech q)ERP&11877-e'3-6341
ComMU"PITY & ECON
September 26, 2016 DEVELOPMEW DEPARTMENT
p SEP 29 Z016
Bogdan Maksimchuk
Barcelo Homes
32505 1386 Place SE
Aubuin, `VA 98092
Re: City of Federal Way Permit 15-103144-SH — Approved
Bogdan Maksimchuk — Applicant
Shoreline Substantial Development Permit (SDP) #2016-NW-3480
Dear Mr. Maksimehuk:
On September 23, 2016, we received notice that the City of Federal Way approved your
application for an SDP. Your pen -nit is to subdivide one existing single-family residential lot into
five single-family residential lots, including critical area tracts and road improvements. This
work will occur within the Shoreline Residential environment designation of North Lake.
By law, local governments must review all SDPs for compliance with:
• The Shoreline Management Act (Chapter 90.58 RCW).
• Ecology's SDP approval criteria (Chapter 173-27-150 WAC).
• The City of Federal Way Local Shoreline Master Program.
Local governments, after reviewing SDPs for compliance, are required to submit them to
Ecology. We have received your approved SDP.
What Happens Next?
Before you begin activities authorized by this permit, the law requires you wait at least 21 days
from September 23, 2016, the "date of filing." This waiting period allows anyone (including
you) who disagrees with any aspect of this permit to appeal the decision to the state Shorelines
Hearings Board (SHB). You must wait for the conclusion of an appeal before you can begin the
activities authorized by this permit.
The SHB will notify you by letter if they. receive an appeal. We recommend you contact the SHB
before you begin permit activities to ensure no appeal has been received. You may reach them at
(360) 664-9160 or hit :l'www.eluho.wa. av/Bo xdISHB.
Bogdan Maksimehuk
September 26, 2016
Page 2
If you want to appeal this decision, you can find appeal instructions (Chapter 461-08 WAC) at
the SHB website above or on the website of the Washington State Legislature at
http :Ilapp s.le g. wa. govlwac.
Other federal, state, and local permits may be required in addition to this shoreline permit.
If you have any questions about this letter, please contact David Pater, Shoreline Specialist, at
(425) 649-4253.
Sincerely,
Amelia Petersen, Section Assistant
Shorelands and Environmental Assistance Program
Cc: Becky Chapin, Associate Planner — City of Federal Way
Landon Beyler, Beyler Consulting, LLC — Applicant's Representative
ACITY OF
S,. Federal Way
September 21, 2016
Bogdan Maksimchuk
Barcelo Homes
32505 1381" Place SE
Auburn, WA 98092
I-...-Q6W HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. cityoffederalway. com
Jim Ferrell, Mayor
RE: File #15-103144-00-SH; SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT APPROVAL
Barcelo Homes, Parcel #152104-9022, Federal Way
Dear Mr. Maksimchuk:
The Community Development Department has completed review of the Shoreline Substantial
Development Permit application for the Barcelo Homes Short Plat project. The scope of work includes
subdividing one single family lot into five single family lots including critical area tracts and road
improvements.
The substantial development permit application deemed complete June 29, 2015, is hereby approved
based on the enclosed findings of fact, incorporated into this decision in full, and the following
conclusions based on those facts:
l . The proposal is consistent with the Shoreline Master Program;
2. The proposal is consistent with the comprehensive plan;
3. The proposal is consistent with all applicable provisions of Federal Way Revised Code (FWRC);
4. The proposal is consistent with the Shoreline Management Act Chapter 90.58 RCW and Chapters
173-26 and 173-27 WAC.
A SEPA DNS was issued on August 11, 2016. The remainder of this letter outlines the land use review
process required for this particular site improvement and provides infonnation regarding appeal
procedures.
SITE PLAN REVIEW PROCESS
Pursuant to FWRC 15.05.150, when a substantial development permit is requested, the permit shall be
reviewed under the provisions of Process I11, Chapter 19.65 FWRC, and the Director of Community
Development shall be the final approval authority for the City of Federal Way.
Any appeals of the decision will be decided by the Washington State Shorelines Hearings Board.
APPEALS
The effective date of issuance is the date offiling, defined by FWRC 15.05.180 as the date of actual
receipt of the decision by the Department of Ecology. Appeals are governed by the procedures established
in RCW 90.58.140(6) and 90.58.180, and Chapter 48 WAC, the rules and procedures of the shoreline
hearings board. Appeals of the permit decision must be made to the shoreline hearings board within 21
days of the date of filing of the city's final decision concerning the substantial development permit, or
formal approval to revisions of the permit.
Mr. Maksimchuk
September 21, 2016
Page 2
CLOSING
This land use decision does not waive compliance with future City of Federal Way codes, policies, and
standards relating to this development. Per FWRC 19.65.100.4.i, affected property owners may request a
change in valuation -for property tax purposes notwithstanding any program of revaluation.
If you have any questions regarding this decision, please contact Becky Chapin, Associate Planner, at 253-835-
2641 or becky.chapin@cityoffederalway.com.
-.,._.
Sincbrely,
Scott
Acting Community Development Director
enc: Exhibit 'A' Statement of Findings and Conclusions
Approved Site Plan
c: w/ Findings Becky Chapin, Associate Planner
David Pater, Dept. of Ecology, 3190 1601h Ave SE, Bellevue, WA 98008-5452
Office of the Attorney General, Ecology Division, PO Box 40117, Olympia, WA 98504-0117
Landon Beyler, BeylerConsulting LLC, 7602 Bridgeport Way West, #3D, Lakewood, WA 98499
John D. Casey Jr., 3817 South 3251h Street, Federal Way
15- 103 144 Doc LD. 72719
A�k
CITY OF
Federal 'll1lay
r3l
;i Ma
- � 1. -��
Exhibit A
Statement of Findings and Conclusions
Federal Way Revised Code (FWRC) 15.05.150 Shoreline Substantial Development Permit
Barcelo Homes Short Plat - File 15-103144-SH
The Director of Community Development hereby makes the following findings pursuant to content
requirements of the Process III written decision as set forth in FWRC 19.65.100(4). Pursuant to FWRC
15.05.150(2), shoreline substantial development permits shall be processed per the provisions of Chapter
19.65 FWRC Process III — Project Approval.
FINDINGS
1. Proposal — The applicant proposes to subdivide one existing single-family residential lot into 5
single-family residential lots including critical area tracts and road improvements. No impacts to the
on -site stream, wetlands, or associated wetland buffers are proposed as part of this project. The Short
Subdivision application is currently under review (File #15-103141-SU.)
2. Substantial Development Permit Required —Portions of the subject property are within the 200-
foot shoreline master program overlay of North Lake. Proposed improvements do not meet specific
substantial development exemptions listed in WAC 173-27-040. Therefore, the proposed short plat is
subject to a shoreline substantial development permit.
Site Characteristics — The subject property consists of one tax parcel identified by the King County
Assessor as 152104-9022 located adjacent to 39'h Avenue South, south of South 325th Place. The
subject property is 5.98 acres consisting of2Rd growth trees and heavy underbrush. The City approved
the Wetland and Stream Delineation with Standard Buffer Width Determination and Report
Addendum #1, prepared by EnCo, dated December 14, 2014, and October 12, 2015. There are several
wetlands on the subject property including a Category I wetland associated with North Lake. North
Lake is located approximately 150 feet to the south of the subject property.
Public Notice & Comment — A Notice of Application was issued March 29, 2013. The notice was
published in the Federal Way Mirror, posted on the subject property and city notification boards, and
mailed to persons receiving the property tax statements for all property within 300 feet of each
boundary of the subject property. The city utilized the Optional Determination of Nonsignificance
method as permitted by WAC 197-11-355. The combined application and anticipated DNS comment
period began July 17, 2015, and ended August 3, 2015. One comment letter was received via email on
July 31, 2015, from John Casey Jr., pertaining to placement of a fence, tree removal, and construction
hours. Mr. Casey's concerns will be addressed in the findings of facts for the associated Short
Subdivision Approval.
CONCLUSIONS OF LAW
1. Comprehensive Plan, Shoreline, & Zoning Designation — The subject property is within a single-
family high density residential (RS9.6) and Shoreline Residential Environment designations. Single-
family residences are a permitted use in the RS 9.6 zone pursuant to FWRC 19.200.010 and a
shoreline use pursuant to 15.05.070(5).
2. Review Process —Pursuant to FWRC 15.05.150, when a substantial development permit is requested,
the permit shall be reviewed under the provisions of Process III, Chapter 19.65 FWRC, and the
Director of Community Development shall be the final approval authority for the City of Federal
Way.
State Environmental Policy Act (SEPA) — The proposal is not exempt from review under SEPA,
pursuant to Washington Administrative Code (WAC) 197-11-800(1)(a)(i), as the property being
divided contains wetlands, which are considered lands covered by water pursuant to WAC 197-11-
756. An environmental checklist, Wetland Report, and Geotechnical Report were submitted with the
Process III application. Subsequent to staff review of the SEPA checklist, the city's responsible
official issued a Determination of Nonsignificance on August 11, 2016.
4. Consistency with City and State Policies — Following review of the application, staff has
determined the substantial development permit is consistent with the following:
1. Federal Way Shoreline Master Program, particularly section 11.5.
2. Federal Way Comprehensive Plan
3. Federal Way Revised Code
4. Shoreline Management Act Chapter 90.58 RCW and Chapters 173-26 and 173-27 WAC
5. In addition, per FWRC 19.65.100.2. a:
o It is consistent with the public health, safety and welfare.
o The streets and utilities in the area of the subject property are adequate to serve the
anticipated demand from the proposal.
o The proposed access to the subject property is at the optimal location and
configuration.
o Traffic safety impacts for all modes of transportation, both on and offsite, are
adequately mitigated.
Prepared by: Becky Chapin, Associate Planner
Statement of Findings and Conclusions
Barcelo Homes Short Plat
Date: September21, 2016
Page 2
Files 15-103144-00-SH/Doc. I.D. 72720
NOTICE OF MASTER LAND USE APPLICATION AND
NOTICE OF OPTIONAL DETERMINATION OF NONSIGNIFICANCE (DNS)
Project Name: Barcelo Homes (S 39`h Avenue) Short Plat
Project Description: Applicant proposes to subdivide one existing single-family
residential lot into six single-family residential lots. Associated site improvements
are included. A Shoreline Substantial Development Permit has been submitted as a
portion of the subject property is located along the North Lake shoreline regulated
under the Shoreline Master Program. The site also contains Category I and III
wetlands and a Major Stream and Environmental Review is required as identified in
Washington Administrative Code (WAC) 197-11-800(6)(d).
Project Location: S 39`h Avenue (South of S 3251h Pl) Parcel 9152104-9022
Applicant: Barcelo Homes, PO Box 1733, Auburn WA 98071
Agent: Landon Beyler, Beyler Consulting, LLC, 7602 Bridgeport Way W, Ste 3D,
Lakewood, WA 98499
Date Application Received: June 29, 2015
Date Determined Complete: June 29, 2015
Date of Notice of Application: July 17, 2015
Comment Due Date: August 3, 2015
Environmental Review: Based upon review of a completed environmental checklist and other information on file with the City, it is
likely that the City of Federal Way will determine that the project will not have a probable significant adverse impact on the
ent-andexpe-.cts-to-issue a-Daterm-ination-ofWonsigniticance-(JDNS)-for_this-projectThe optionsZl3%iess in W A C 197
11-355 is being used. This may be your only opportunity to comment on the environmental impacts of the proposed project. The
proposal may include mitigation measures under applicable codes, and the review process may incorporate or require mitigation
measures regardless of whether an environmental impact statement (EIS) is prepared. A copy of the subsequent threshold
determination for the specific proposal may be obtained upon request.
Agencies, tribes, and the public are encouraged to review and comment on the proposed project and its probable environmental
impacts. Comments must be submitted by the date noted above.
Permits Required by This Application: Short Subdivision (File 415-103141-SU), Concurrency (File #15-103147-CN), State
Environmental Policy Act Threshold Determination (File #15-103143-SE), and Shoreline Substantial Development Permit (File #15-
103144-SH)
Existing Environmental Documents: Preliminary Technical Information Report, Wetland & Stream Delineation with Standard
Buffer Width Determination, and Environmental Checklist. Relevant Environmental Documents Are Available at the Address
Below.
Development Regulations to Be Used for Project Review Known at this Time: Federal Way Revised Code Title 14,
`Environmental Policy;' Title 15 `Shoreline Management,' Title 16 `Surface Water Management;' Title 18 `Subdivisions;' and Title
19 `Zoning and Development Code.'
Public Comment & Appeals: Any person may submit written comments regarding the land use application or the environmental
impacts of the proposal to the Director of Community Development by 5:00 p.m. on August 3, 2015. Only persons who submit written
comments to the Director (address below) or specifically request a copy of the decision, may appeal the decision. However, any
interested party may appeal the environmental threshold determination.
Issuance of Final Environmental Determination: The final DNS may be issued without a second comment period, unless timely
comments identify probable significant adverse impacts that were not considered by the Notice of Optional DNS. A copy of the DNS
may be obtained upon request.
Availability of File: The official project file, existing environmental documents, and required studies are available for public review
at the Department of Community Development, 33325 8`h Avenue South, Federal Way, WA 98003.
Staff Contact: Becky Chapin, Associate Planner, 253-835-2641, becky.chapin@cityoffederalway.com
Published in the Federal Way Mirror on July 17, 2015.
Do LD-70119
Federal Way
41k
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
33325 8`" Avenue South
Federal Way, W
98003-6325
RECEIVED 253-835-2607; Fax? 3-8335-2609
www.cirvoffedei-alway.com
JUN 29 2015
CITY OF FEDERAL WAY
CDS
APPLICATION FOR SHORELINE MANAGEMENT
SUBSTANTIAL DEVELOPMENT, CONDITIONAL USE, OR
VARIANCE PERMIT
2
To THE APPLICANT: This is an application for substantial development, conditional use, or variance permit as
authorized by the Shoreline Management Act of 1971. It is suggested that you check with appropriate local, state, or
federal officials to determine whether your Rroject falls within any other permit systems.
Name of Applicant: Barcelo Homes
Mailing Address: PO Box 1733, Auburn, WA 98071
3. Relation of Applicant to Property:
9 Owner ❑ Purchaser ❑ Lessee
4. Name and Address of Owner (if other than applicant):
7V
Permit #:
❑ Other:
5. General Location of Proposed Project (list section to the nearest quarter section, township, and range):
Portion of the S 1/2 of the NW 1/4, of Section 15, Township 21 North, Range 5 East
6. Name of Water Area and/or Wetlands Within Which Development is Proposed:
There is an on -site wetland over the western portion of the site, and North Lake is located
approximately 150 feet to the south of the project site.
7. Current use of Property with Existing Improvements:
Vacant
8. Proposed Use of Property (be specific):
residential lots.
The proponent proposes to short plat 6 single family
Bulletin 4051 — January 1, 2011 Page 1 of 3 k:\Handouts\Application for Shoreline Management
a
9. (TO BE COMPLETED BY LOCAL OFFICIAAL) Nature of the existing shoreline. (Describe type of
shoreline, such as marine, stream, lake, lagoon, marsh, bog, swamp, flood plain, floodway, delta; type
of beach, such as accretion, erosion, high bank, low bank, or dike; material such as sand, gravel, mud,
clay, rock, riprap; and extent and type of bulk heading, if any).
10. (TO BE COMPLETED BY LOCAL OFFICIAL) In the event that any of the proposed buildings or structures
will exceed a height of 35 feet above the average grade level, indicate the approximate location of and
number of residential units, existing and potential, that will have an obstructed view.
D Nse...,
11. (TO BE COMPLETED BY LOCAL OFFICIAAL) If the application involves a conditional use of variance, set
forth in full that portion of the master program which provides that the proposed use may be a
conditional use or, in the case of a variance, from which the variance is being sought.
ryl Its
Bulletin #051 — January 1, 2011 Page 2 of 3 k:\Handouts\Application for Shoreline Management
PROJECT DIAGRAMS: Draw all site plans and maps to scale, clearly indicating scale on lower right-hand
er and attach them to the application.
SITE. Include in plans:
1. Site boundary.
2. Property dimensions in vicinity of project.
3. Ordinary high-water mark.
4. Cross section or site beginning at the
property line, extending through the
building(s), and ending at the far bank of the
water body, and including the following:
i. Existing ground elevations.
ii. Proposed ground elevations.
iii. Height of existing structures.
iv. Height of proposed structures.
v. Ordinary high water mark.
5. Where appropriate, proposed land contours
using five-foot intervals in water area and
ten -foot intervals on areas landward of
ordinary high-water mark, if development
involves grading, cutting, filling, or other
alteration of land contours.
VICINITY MAP
1. Indicate site location using natural points of
reference (roads, state highways, prominent
land marks, etc.).
2. If the development involves the removal of
any soils by dredging or otherwise, please
identify the proposed disposal site on the
map. If the disposal site is beyond the
confines of the vicinity map, provide another
6. Show dimensions and locations of existing
structures that will be maintained.
7. Show dimensions and locations of proposed
structures.
8. Identify source, composition, and volume of fill
material.
9. Identify composition and volume of any extracted
materials, and identify proposed area.
10. Location of proposed utilities, such as sewer,
septic tanks, drain fields, water, gas, and
electricity.
11. If the development proposes septic tanks, does
proposed development comply with local health
and state regulations?
12. Shoreline designation according to master
program.
13. Show which areas are shorelines and which are
shorelines of statewide significance.
vicinity map showing the precise location of the
disposal site and its distance to the nearest city or
town.
3. Give a brief narrative description of the general
nature of the improvements and land use within
one thousand feet in all directions from
development site (i.e., residential to the north,
commercial to the south, etc.).
NOTICE REQUIREMENTS
One set of self-addressed stamped envelopes (with City of Federal Way return address) of persons
receiving tax statements for the subject property and all properties within 300 feet of the boundary
of the subject property. Include a separate list of the addresses with their parcel numbers and an
assessor's map showing the 300-foot boundary. Note, please do not submit metered envelopes.
The Federal Way Post Office may refuse such envelopes.
D. WORK PROPOSED WITHIN CRITICAL AREAS
Projects that involve review of work proposed within critical areas many times require that the City
contract out for expert technical assistance with the review. Under Federal Way Revised Code
19.150.030, the City may require the applicant, at the applicant's expense, to provide any
information, mapping, studies, materials, inspections, and/or reviews that are reasonably necessary
to implement the environmentally sensitive areas article, and to require that such information,
studies, mapping, materials, inspections, and/or reviews be provided or performed by a qualified
professional acceptable to the City. You will be advised at the earliest possible point if your project
will be subject to these types of expenses.
City of Federal Way, Dept of Community Development Services, 33325 8`h Avenue South, Federal Way, WA 98003-6325
Bulletin #051 — January 1, 2011 Page 3 of 3 k:\Handouts\Application for Shoreline Management