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13-101168
CITY OF Federal June 4, 2013 Dr. Robert A. Bessler 2854 SW 300'b Place Federal Way, WA 98023 Way �J - CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederahvay.. com RE: File #13-101168-00-SH; SUBSTANTIAL DEVELOPMENT PERMIT APPROVAL Bessler Boat Launch SDP, 2854 SW 300" Place, Federal Way Dear Dr. Bessler: The Community and Economic Development Department has completed review of the shoreline substantial development permit application for after -the -fact improvements made within the Shoreline Master Program overlay. The applicant is seeking approval for the repair of an existing rail boat launching system. The scope of work included the installation of replacement rails to the existing concrete footings located on the shorelands of the subject property. The substantial development permit application deemed complete April 2, 2013, is hereby approved based on the enclosed findings of fact incorporated into this decision in full, and the following conclusions based on those facts: 1. 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. The action is categorically exempt from State Environmental Policy Act procedures pursuant to WAC 197-11-800(3). The remainder of this letter outlines the land use review process required for this particular site improvement and provides information 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 III, Chapter 19.65 FWRC, and the director of community and economic 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 offrling, 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 481-03 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. Dr. Bessler June 4, 2013 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. If you have any questions regarding this decision, please contact Matthew Herrera, Associate Planner, at 253- 835-2638 or matt.herrera@cityoffederalway.com. Sincerely, Isaac Conlen Planning Manager for Patrick Doherty, Director enc: Exhibit `A' Statement of Findings and Conclusions Approved Site Plan c: w/ Findings Matthew Herrera, Associate Planner John Tidwell & M. Beth Porter, 2868 SW 300'h Pl, Federal Way, WA 98023 David Pater, Dept. of Ecology, 3190160t' Ave. SE, Bellevue, WA 98008-5452 Office of the Attorney General, ATTN: Shoreline Permit Enclosed, 1125 Washington St. SE, PO Box 40100, Olympia, WA 98504 13-101168 Doc. I.D. 63541 CITY OF Federal Way Exhibit A Statement of Findings and Conclusions Federal Way Revised Code 0`WRC)15.05.150 Shoreline Substantial Development Permit Bessler Boat Launch - File 13-101168-UP The Planning Division hereby presents the following analysis to the Director of Community and Economic Development pursuant to content requirements of the Process III written decision as set forth in FWRC 19.65.100(4). FMINGS 1. Proposal — The project applicant is requesting an after -the -fact shoreline substantial development permit for modifications made to an existing boat rail launch system in August 2012. 2. Site Characteristics — The subject property is a single tax parcel identified by the King County Assessor as 416660-0170, approximately 2.12 acres in size and located at 2854 SW 300th Pl. The site is currently developed with a single-family residence. Accessory structures to the single-family residence include a detached garage, boathouse, bulkhead, and the aforementioned boat rail launch system. 3. Scope of Work Completed — The applicant installed replacement rails to the existing concrete boat launch footings. The rails are four feet wide and begin at the existing bulkhead and extend 60 feet waterward. 4. Substantial Development Permit Required — The applicant was denied a substantial development permit exemption October 18, 2012. The findings of the denial indicate the proposal did not meet the normal maintenance and repair exemption as the repair did not take place within a reasonable period after the decay or partial destruction; as required by WAC 173-27-040(2)(b) and therefore the after - the -fact improvements require a substantial development permit. 5. Public Notice & Comment —A Notice of Application was issued April 5, 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. One comment letter was received on April 22, 2013, from John Tidwell and M. Beth Porter. 6. Nonconforming Development Analysis — The existing private boat rail launch is an accessory structure to the principal single-family residential use. Private boat rail launch systems are not permitted as an accessory structure or shoreline modification to a single-family dwelling in the adopted Shoreline Master Program and therefore the existing improvement is considered a legal nonconforming development or structure. The boat rail launch repair qualifies for nonconforming development protection and may be repaired pursuant to FWRC 15.05.220(1)(b) and (c) as: The modifications to the rail system do not make it more nonconforming as the replacement rails have been bolted to the existing rail footing system. I It is apparent the rail system has not been functional for several decades. Based on statements from a neighboring property owner, the launching system has been decayed to the extent that it has been unusable since at least 1973. The accessory structure was legally established as it was constructed prior to the state adoption and implementation of the Shoreline Management Act. a The repair of the structure does not result in an expansion of the nonconformity. CONCLUSIONS OF LAW 1. Comprehensive Plan, SNIP, & Zoning Designation — The subject property is within a single-family high density residential (RS7.2) and Shoreline Residential Environment designations. Single-family residences are a permitted use in the RS 7.2 zone pursuant to FWRC 19.200.010 and a priority use pursuant to 15.05.070(5)(a)(i). 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 and economic development shall be the final approval authority for the City of Federal Way. 3. State Environmental Policy Act (SEPA) —Pursuant to WAC 197-11-800(3), repair of the rail system is categorically exempt from threshold determination and EIS requirements. 4. Hydraulic Project Approval —Pursuant to WAC 220-110, improvements within salt waters of the state are subject to conditions and mitigation of Hydraulic Project Approval administered by the Department of Fish and Wildlife. 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 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 Prepared by: Matthew Herrera, Associate Planner Statement of Findings and Conclusions Bessler Boat Launch Date: June 4, 2013 Page 2 File 13-101168-UP/n«. r D. 63535 STAa� RECEIVED BY c r COMMUNITY DEVELOPMENT DEPARTMENT N� ~ oY JUL -11 2013 MOO STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Northwest Regional Office • 3190 160th Ave SE • Bellevue, WA 98008-5452 • 425-649-7000 711 for Washington Relay Service • Persons with a speech disability can call 877-833-6341 July 9, 2013 Matthew Herrera, Associate Planner City of Federal Way Community and Economic Development Department 33325 8t' Avenue South Federal Way, WA 98003-6325 Subject: Shoreline Substantial Development Permit # 13- 101168-00-SH (Bessler) Dear Mr. Herrera: The Department of Ecology has some significant concerns with the City of Federal Way's approval of this shoreline substantial development permit. Mr. Bessler initially installed an above -grade steel boat launching on his property without the benefit of local or state permit review. The previous concrete structure that the rails sit on is a dilapidated structure that lost its nonconforming use status a long time ago. FWCC 15.05.220 (3) States: If a non conforming use is discontinued for twelve consecutive months offor twelve months during any two year period, the nonconforming rights shall expire and any subsequent use shall be conforming. The project is also inconsistent with the 2011 Federal Way SMP specifically sec 15.05.080 (4) (a) (iv) (Shoreline Residential, Shoreline modifications) item (a) (iv) Boating Facilities - launching ramps, rails, and lift stations. Permitted with a conditional use permit in parks and public access areas within the residential environment under the requirements imposed by FWRC 15.05.040 and 15.05.050(3). Although the SMP doesn't directly prohibit rails within the residential environment, the regulations emphasize that launching rails are only permitted as a conditional use in public areas. The rails would also be a potential navigation hazard at high tides and interfere with public access which is inconsistent with FWCC 15.05.050 (3) (a) (iv). Based on the code citations above, a private steel rail boat launching structure should also not be permitted as an unclassified use. The City's permit decision is also based in large part on considering the launching rails an accessory and appurtenance use. This is an incorrect interpretation of residential accessory and appurtenance uses within the State Shoreline permitting exemption requirements (WAC 173-27-040 (2) (g) which define residential appurtenances as follows: Matthew Herrera, Associate Planner July 9, 2013 Page 2 of 2 (g) Construction on shorelands by an owner, lessee or contract purchaser of a single-family residence for their own use or for the use of their family, which residence does not exceed a height of thirty-five feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof, other than requirements imposed pursuant to chapter 90.58 RCW. "Single-family residence" means a detached dwelling designed for and occupied by one family including those structures and developments within a contiguous ownership which are a normal appurtenance. An "a urtenance" is necessarily connected to the use and en'o ment of a sin le- amLly residence and is located landward of the oLdinaa hi h water mark and the perimeter a a wetland. On a statewide basis normal appurtenances include aarage deck driveway: utilities; fences._ installation_ f a septic tank and drainfield and g_rading which does not exceed two hundred ffi& cubic yards and which does not involve placement o ill in any wetland or water ward of the ordinary high water mark Local circumstances may dictate additional interpretations of normal appurtenances which shall be set forth and regulated within the applicable master program. Construction authorized under this exemption shall be located landward of the ordinary high water mark; The Federal Way Shoreline Master Program does not define residential accessory structures but does reference them in 15.05.080 (5) (E) (ii), although more in the context of allowances within the shoreline setback. Allowing such similar residential launching rails on single family residential lots would set a further precedence on these shorelines that is inconsistent with the City SMP. If similar projects are proposed on Federal Way's shoreline, it is our hope that the City will consider the cited SMP regulations more closely as well as the State Shoreline Permitting WAC definition of single family residential appurtenances. If you have any questions please give me a call at (425) 649-4253. Since , G David Pater Shoreline Planner DP:cja cc; Erik Stockdale, NWRO Shorelands Section Supervisor John Tidwell and Beth Porter Sonia Wolfnan, State Attorney General's Office RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT JUK2 7 2013 June 22, 2013 Mr. Matthew Herrera Associate Planner City of Federal Way Re: File #13-101168-00-SH Bessler Boat Launch SDP 2854 SW 300th Place Federal Way, WA 98023 Dear Matt, We would like to thank you for your assistance in the above matter. We understand that such decisions can be difficult, given the complexity of the codes and the Shoreline Master Program. Although we are not surprised that the City of Federal Way decided to grant this permit retroactively for a boat launch rail system that was built without first obtaining a permit, we are extremely disappointed with the final decision. We understand that we are fully entitled to an appeal by 6/26/2013. Unfortunately, we had no knowledge of what it takes to make an appeal. We erroneously assumed that the City's decision, along with the comments of any concerned parties, would merely be revisited by an impartial hearings board should we request an appeal. Much to our dismay, upon reading the instructions for appeal, we have since discovered that an appeal is essentially a full-blown trial. This letter will have to suffice as our "Right To Be Heard". We contacted a Seattle attorney who specializes in land use and zoning to provide us with an opinion as to the merits of the City's decision and to determine if our interpretation of the Federal Way Code was accurate. His response was that he thought the City's conclusion was a "mistake" and one big hairball of a decision. He was more than eager to take on the appeal, citing numerous examples of case law in support of his opinion. We truly believe that an injustice has occurred, not only that an after -the -fact permit for the boat launch has been allowed, which seems contrary to the goals of the Washington State SMA and the Federal Way Code (particularly 15.05.220), but that the Besslers have, in fact, been rewarded for their improper behavior. After spending three years building their home on the shoreline of Puget Sound, complete with outbuildings and extensive landscaping, we are certain the Besslers were fully aware of the permitting process and that a permit would have been required to reconstruct this completely dilapidated boat launch, the use of which has been abandoned for 40+ years. Existing solely of severely damaged concrete relics (barely recognizable as "concrete footings") and a rusty rail embedded in the sand, this could hardly be considered a "repair"; it was a total reconstruction that we doubt would ever have been permitted today under current guidelines. The accessory "boat house" has also not been used as such for the same length of time and was long ago converted into a viewing deck. To have built this structure on a weekend without prior permission was a calculated and egregious act on the part of the Besslers, in our opinion. We will just hope that the people we watch climbing over this obstacle while enjoying a walk on the beach or those boating across the 60' of metal railings protruding outward into the Sound will not be seriously injured in the process. We will also hope that the beauty of our Shoreline that was meant to be protected by the SMA and SMP will not be forever marred by this and future boat launches —those numerous dilapidated, long -ago abandoned systems or simple chunks of concrete which currently exist on this beach — for which permits may certainly now be granted after this unfortunate precedent has been set. We absolutely wish we could appeal. Sadly, we do not have the time, the money, nor the inclination to become totally consumed by this. Sincerely, dwell — - M. Beth Porter 2868 SW 300th Place Federal Way, WA 98023 cc: Patrick Doherty, Director Isaac Conlen, Planner Manager David Pater, Department of Ecology Office of the Attorney General, Olympia, WA s�rAxF ofi RECEIVED BY oA COMMUNITY DEVELOPMENT DEPARTMW J v $ JUN 24 2013 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Northwest Regional Office • 3190 160th Ave SE • Bellevue, WA 98008-5452 • 425-649-7000 711 for Washington Relay Service • Persons with a speech disability can call 877-833-6341 June 20, 2013 Robert Bessler 2854 SW 304th Place Federal Way, WA 98023 Re: City of Federal Way Permit 13-101168-00-SH - Approved Robert Bessler - Applicant Shoreline Substantial Development Permit (SDP) 2013-NW-1791 Dear Mr. Bessler: On June 5, 2013, the Department of Ecology received notice that Federal Way approved your application for an SDP. Your permit is an after the fact permit to bolt new steel boat launching rails onto old existing concrete footings below the ordinary high water mark on a private residential lot. within shoreline jurisdiction of Puget Sound. By law, local governments must review all SDPs for compliance with: • The Shoreline Management Act (Chapter 90.58 RCW) Ecology's Substantial Development Permit approval criteria (Chapter 173-27-150 WAC) • The Federal Way Local Shoreline Master Program Local governments, after reviewing SDPs for compliance, are required to submit them to Ecology. Your approved SDP has been received by Ecology. What Happens Next? Before you begin activities authorized by this permit, the law requires you wait at least 21 days from June 5, 2013, 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. You must wait for the conclusion of an appeal before you can begin the activities authorized by this permit. The Shorelines Hearings Board will notify you by letter if they receive an appeal. We recommend you contact the Shorelines Hearings Board before you begin permit activities to ensure no appeal has been received. They can be reached at (360) 664-9160 or http://www.eho.wa.gov/ R iz=�'�-. QT Lin Robert Bessler June 20, 2013 2 of 2 If you want to appeal this decision, you can find appeal instructions (Chapter 461-08 WAC) at the Shorelines Hearings Board website above. They are also posted on the website of the Washington State Legislature at: http://apps.leg.wa..gov/wac. 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 at (425) 649-4253. Sin avid Pate , reline Specialist Shorelands and Environmental Assistance Program DP:cja cc: Matthew Herrera, City of Federal Way Community and Economic Development Transmittal Date: June 42013 Type of Permit: (Indicate all that apply) ® Substantial Development ❑ Conditional Use ❑ Variance ❑ Revision ❑ Other Applicant Information: Name: Robert Bessler Address: 2854 SW 300th PI., Federal Way, WA 98023 Phone(s): 253-861-4994 Is the applicant the property owner? ® Yes ❑ No Shoreline Management Act Local permit no. l3-101168-SH Permit Data Sheet and Transmittal Letter State permit no. From: (local government) To: (appropriate Ecology office) City of Federal Way Northwest Regional Office Receipt Date: (provided by Ecology) Local Government Decision: ® Approval ❑ Conditional Approval ❑ Denial Applicant's Representative: (If primary contact) Name: Address: Phone(s): Location of the Property: (Section, township, and range to the nearest %4, %4 section or latitude and longitude, and a street address where available.) SW 1-21-3 2854 SW 300m PI. Federal Way, WA 98023 Water Body Name: Puget Sound Shoreline of State Significance: ® Yes ❑ No Environment Designation: Shoreline Residential Project Description: (Summary of the intended use or project purpose) Applicant has applied for after -the -fact permit to repair an existing private rail boat launch. Applicant replaced rails by bolting them onto existing concrete footings within the shorelands. Rails begin at bulkhead and extend 60-feet waterward. Notice of Application Date: Aoril 5, 2013 Final Decision Date: June 4, 2013 By: (Local government primary contact on this application) Matthew Herrera. Associate Planner Phone: 253-835-2638 4 �r % 7- CITY OF *s. Federal Way DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 8th Avenue South Federal Way WA 980M 253-835-7000; Fax 253-835-2609 www.cityoffederolway.com DECLARATION OF DISTRIBUTION I hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit !b2vJ �+e n"� Shoreline Pe►mit ❑ Adoption of Existing Environmental Document was A mailed ❑ faxed ❑ e-mailed and/or ❑ posted to or at each of the attached addresses on 2013. Project Name _ S�!3� A!-' L�— L&r'A File Number(s) 1? - A ii (o 3 Signa ture —I _ Date _ y 1 K:\CD Administration Files\Declaration of Distribution.doc/Lost printed 1 /10/2013 11:39:00 AM &k CITY OF Federal .tune 4, 2013 Dr. Robert A. Bessler 2854 SW 300'h Place Federal Way, WA 98023 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cdyoffederalway. com RE: File 013-101168-00-SH; SUBSTANTIAL DEVELOPMENT PERMIT APPROVAL Bessler Boat Launch SDP, 2854 SW 300m Place, Federal Way Dear Dr. Bessler. The Community and Economic Development Department has completed review of the shoreline substantial development permit application for after -the -fact improvements made within the Shoreline Master Program overlay. The applicant is seeking approval for the repair of an existing rail boat launching system. The scope of work included the installation of replacement rails to the existing concrete footings located on the shorelands of the subject property. The substantial development permit application deemed complete April 2, 2013, is hereby approved based on the enclosed findings of fact, incorporated into this decision in full, and the following conclusions based on those facts: 1. 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. The action is categorically exempt from State Environmental Policy Act procedures pursuant to WAC 197-11-800(3). The remainder of this letter outlines the land use review process required for this particular site improvement and provides information 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 III, Chapter 19.65 FWRC, and the director of community and economic 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 of filing, 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 481-03 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. Dr. Bessler June 4, 2013 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. If you have any questions regarding this decision, please contact Matthew Herrera, Associate Planner, at 253- 835-2638 or matt.herrera@cityoffederalway.com. Sincerely, Isaac Conlen Planning Manager for Patrick Doherty, Director enc: Exhibit `A' Statement of Findings and Conclusions Approved Site Plan c: w/ Findings Matthew Herrera, Associate Planner John Tidwell & M. Beth Porter,-,2868 SW 300a' PI, Federal Way, WA 98023 David Pater, Dept. of Ecology, 3190160`� Ave. SE, Bellevue, WA 98008-5452 Office of the Attorney General, ATTN: Shoreline Permit Enclosed, 1125 Washington St. SE, PO Box 40100; Olympia, WA 98504 13-101168 Doc LD. 63541 Federal Way Exhibit A Statement of Findings and Conclusions Federal Way Revised Code (FWRC)15.05.150 Shoreline Substantial Development Permit Ressler Boat Launch - File 13-10116E-UP The Planning Division hereby presents the following analysis to the Director of Community and Economic Development pursuant to content requirements of the Process III written decision as set forth in FWRC 19.65.100(4). FINDINGS 1. Proposal — The project applicant is requesting an after -the -fact shoreline substantial development permit for modifications made to an existing boat rail launch system in August 2012. 2_ Site Characteristics — The subject property is a single tax parcel identified by the King County Assessor as 416660-0170, approximately 2.12 acres in size and located at 2854 SW 300'b Pl. The site is currently developed with a single-family residence. Accessory structures to the single-family residence include a detached garage, boathouse, bulkhead, and the aforementioned boat rail launch system. 3. Scope of Work Completed — The applicant installed replacement rails to the existing concrete boat launch footings. The rails are four feet wide and begin at the existing bulkhead and extend 60 feet waterward. 4. Substantial Development Permit Required — The applicant was denied a substantial development permit exemption October 18, 2012- The findings of the denial indicate the proposal did not meet the normal maintenance and repair exemption as the repair did not take place within a reasonable period after the decay or partial destructions as required by WAC 173-27-040(2)(b) and therefore the after - the -fact improvements require a substantial development permit. 5. Public Notice & Comment — A Notice of Application was issued April 5, 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. One comment letter was received on April 22, 2013, from John Tidwell and M. Beth Porter. 6. Nonconforming Development Analysis — The existing private boat rail launch is an accessory structure to the principal single-family residential use. Private boat rail launch systems are not permitted as an accessory structure or shoreline modification to a single-family dwelling in the adopted Shoreline Master Program and therefore the existing improvement is considered a legal nonconforming development or structure. The boat rail launch repair qualifies for nonconforming development protection and may be repaired pursuant to FWRC 15.05.220(1)(b) and (c) as: • The modifications to the rail system do not make it more nonconforming as the replacement rails have been bolted to the existing rail footing system. 1 It is apparent the rail system has not been functional for several decades. Based on statements from a neighboring property owner, the launching system has been decayed to the extent that it has been unusable since at least 1973. The accessory structure was legally established as it was constructed prior to the state adoption and implementation of the Shoreline Management Act. Y The repair of the structure does not result in an expansion of the nonconformity. CONCLUSIONS OF LAW 1. Comprehensive Plan, SMP, & Zoning Designation —'Tile subject property is within a single-family high density residential (RS7.2) and Shoreline Residential Environment designations. Single-family residences are a permitted use in the RS 7.2 zone pursuant to FWRC 19.200.010 and a priority use pursuant to 15.05.070(5)(aXi). 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 HL Chapter 19.65 FWRC, and the director of community and economic development shall be the final approval authority for the City of Federal Way. 3. State Environmental Policy Act (SEPA) — Pursuant to WAC 197-11-800(3), repair of the rail system is categorically exempt from threshold determination and EIS requirements. 4. Hydraulic Project Approval— Pursuant to WAC 220-110, improvements within salt waters of the state are subject to conditions and mitigation of Hydraulic Project Approval administered by the Department of Fish and Wildlife. 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 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 Prepared by. Matthew Herrera, Associate Planner Statement of Findings and Conclusions Bessler Boat Launch Date: June 4, 2013 Page 2 File 13-101168-UP/na. I.D. 63535 --1 CITY OF Federal 'Way June 3, 2013 John A. Tidwell and M. Beth Porter 2868 SW 300`h Street Federal Way, WA 98023 RE: File #13-101168-00-SH; RESPONSE TO COMMENT LETTER Bessler Boat Launch SDP, 2854 SW 300`h Place, Federal Way Dear Mr. Tidwell and Ms. Porter: CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com Thank you for your comment letter regarding the substantial development permit for the Bessler property noted above. The letter has become part of the official project file. I have prepared responses (in bold) to the five items, which I have paraphrased, from your letter. 1. Applicant has requested a permit to repair an existing rail boat launch that is dilapidated and not used for at least 40 years. The city's Shoreline Master Program (SMP) does not quantify the level or condition of nonconforming structures. While the rail system has not been functional, the footings remain within the shorelands and can be repaired pursuant to FWRC 15.05.220(1). 2. How can the applicant reconstruct a system that has long ago been destroyed? The time limits and opportunities to replace or repair that you have cited 15.05.220(2) and (3) are not applicable due to: (2) The boathouse, which remains intact, and the rail system were not destroyed as the rail footings remain a functional and integral piece of the system. The action was a repair and not a replacement of the nonconforming development. (3) The rail system is not considered a use but instead a nonconforming development/structure. The principal use is the single-family residence and the rail system is an accessory structure to that use. The application has been reviewed under the nonconforming provisions of 15.05.220(1)(b) and (c). Replacing the rails does not make the development more nonconforming as that was what was originally constructed and the repair did not enlarge or expand the existing system. 3. It is clear that the SMA prefers mooring buoys in residential settings over more obstructive structures, such as docks and piers. Agreed. Private boat rail systems are an unclassified shoreline modification and boating facilities are for public use in a public setting such as a park or street end. As the private launch is unclassified, it is considered nonconforming. Mr. Tidwell and Ms. Porter June 3, 2013 Page 2 One of the main principles of the SMA also requires the respect of private property rights. During the public participation and SMP update process it was made clear that nonconforming development protections were of the utmost importance which is reflected in the regulations that implement the SMP. 4. Applicant initially installed a mooring buoy, prior to the construction of the new rail launch. 15.050.050(3) does not allow boating facilities for developments that contain other types of moorage. The Bessler's boat launch system is not considered a boating facility as it does not meet the public criteria listed in the term's definition and therefore the subject property would be able to keep both the launching system and mooring buoy. 5. Would permitting this use not be in direct conflict with the intent of the Shoreline Management Act? The SMA gives considerable deference to local jurisdictions when formulating and updating their Shoreline Master Programs. As mentioned previously, the community and policy makers found that private property rights, as they pertain to nonconforming development, was a very important issue. The proposed action is considered a repair to an existing nonconforming development/structure that is accessory to the principal single-family residential use and not a newly constructed development or separate use. CLOSING Again, thank you for your comment letter. The approval of the permit is expected to be issued this week. A copy of the approval, with findings, will also be mailed to you. If you have questions regarding this letter or the project please contact me at 253-835-2638 or matt.herrera@cityoffederalway.com. Sincerely, Matthew Herrera Associate Planner 13-101166 Doc. I.D. 63545 Attn: Director of Community and Economic Development City of Federal Way Re: Shoreline Substantial Development Permit File #13-101168-SH RECEIVED Boat Launch 2854 SW 300th Place APR 2 2 2013 Parcel Number 416660-0170 CITY OF FEDERAL WAY CDS Comments for your consideration regarding the above application: 1) Applicant has requested a permit for "repair of existing rail boat launch". There was nothing "existing" except for old dilapidated chunks of concrete and broken, rusted rail segments embedded in the beach. The previous rail system had not been used for over 40 years. It should also be noted that the rubble on the beach is listed as a "Coastal Restoration Opportunity". See attached Figure 14-B of the Federal Way SNIP - #3 Remove concrete footings of derelict boat ramp. True copy of photo taken September 2000 According to the prior owner of the property (Barkow), the current nonconforming use was "...changed somewhere around 1970", when he said they converted their existing boat house into a "viewing deck" instead, thereby ceasing to use their launch and eliminating the need for any boat launching system. - - -- - - — . .. ww ww __ ca _ :11 _a_—d.. 4-4— Photo c 2) Can the applicant reconstruct a system that has long ago been destroyed Applicant is proceeding under FWSMA 15.05.220 (1). Three of the five subsections of this provision have time limits in place that will prevent any replacement, alteration or reconstruction of a nonconforming use if the time limits are exceeded. Again the purpose of these limits is potentially to restrict the number of nonconforming uses from continuing, should the applicant fail to timely request a permit. 2 FWSMA 15.05.220 (2) says simply that a nonconforming use which is "destroyed" can be replaced if a permit is requested within one year of the destruction. Destruction is a term of art. It can mean "no longer useable for its intended purpose". When the first rail on this system "fell off' by nature's wave action, or any other action, then the one year time limit would begin. No one really knows when this system became unusable and was thereby "destroyed", but clearly as one can see from the pictures provided for herein, as of the year 2000 there was nothing remotely resembling an operable rail system. There is no definition of the word "destroyed" in this act. It must, therefore, be given its broadest interpretation, lacking any published legislative intent to the contrary. FWSMA 15.05.220 (3) is pivotal. If the nonconforming use is discontinued for twelve consecutive months or any twelve months in a two-year period of time, then any rights expire and any subsequent use must be conforming. The applicant is proceeding under this section. Assuming that this matter is correctly placed here, then this subparagraph (3) applies as much to the question as (1). There can be no limiting interpretation of paragraph (3) as none was adopted into law by the City Council of Federal Way. The language is clear and unlimited in its scope. It applies directly to this application. The purpose of the time limits is potentially to rid the shorelines of nonconforming uses if the applicant doesn't move quickly to seek a permit for repair/replacement. If one reads paragraph (1) carefully, one sees that it is addressing a use that is ongoing and the request is to modify the existing use. Paragraphs (2) and (3) are directed at nonconforming uses that have been "destroyed" or abandoned. How can a rail system that has been unusable for decades, be subject to "modification" of an existing use? Paragraph (1) applies to existing nonconforming structures that may be replaced, altered or reconstructed, providing they meet the tests set forth in this paragraph. There is no logical way to read this paragraph along with paragraphs (2) and (3) and have them make sense together, which is what a court will do, unless (1) is addressing current uses and (2) and (3) are addressing destroyed and abandoned nonconforming uses. 3 15.05.220 Replacement, alteration, or reconstruction of nonconforming use or development. (1) Applications for substantial development or building permits to modify a nonconforming use or development, as defined in this chapter, may be approved only if: (a) The modifications will make the use or development less nonconforming; or (b) The modifications will not make the use or development more nonconforming; and (c) Structures that were legally established and are used for a conforming use but which are nonconforming with regard to setbacks, buffers, or yards; area; bulk; height, or density may be maintained and repaired and may be enlarged or expanded provided that said enlargement does not increase the extent of nonconformity by further encroaching upon or extending into areas where construction or use would not be allowed for new development or uses. (2) An existing use or development, not conforming to existing regulations, which is destroyed, may be replaced (per "replacement structure" as defined in this chapter) as it existed prior to destruction, provided application for required permits is made within one year of destruction. (3) If a nonconforming use is discontinued for twelve consecutive months or for twelve months during any two-year period, the nonconforming rights shall expire and any subsequent use shall be conforming. 3) It is clear that the SMA prefers mooring buoys in residential settings over more obtrusive structures, such as docks and piers Reading the FWSMA, it is clear that boat rail systems are not favored even in commerical (public) settings. The reasoning is simple: these systems have a detrimental impact on the environment that the SMA, at both state and local levels, is trying to protect. Less obtrusive systems are always preferred, such as mooring buoys, providing they can be installed, as is the case here. There are currently numerous mooring buoys being used today on this short stretch of beach in Lakota. It is the "norm". FWSMA 15.05.050 speaks directly to this issue. In fact 15.05.050 (2) and (3) present a very interesting comparison. These paragraphs apply to mooring buoys, piers, docks and floats in public and residential settings. There is no mention here of launching ramps or rails. M One obvious conclusion is that the omission was deliberate. FWSMA did not want launching ramps in single family residential settings, such as we have here for consideration. Again the preference for mooring buoys over docks and piers is expressed (FWSMA 15.05.050 (2) (b) (i)). 15.05.050 Shoreline modifications (2) Piers, docks, floats, and mooring buoys. Piers, docks, floats, and mooring buoys may be permitted in the shoreline residential and urban conservancy environments subject to the following conditions: (a) Public piers and docks shall only be allowed for water -dependent uses and public access subject to a Shoreline Conditional Use Permit and the following criteria: (i) Public's need for such a structure is clearly demonstrated; (ii) The project including any required mitigation, will result in no net loss of ecological functions associated with critical saltwater habitat; (iii) The project is consistent with the state's interest in resource protection and species recovery; and (iv) Moorage at public docks is limited to recreational purposes and shall not extend more than one 24-hour period. Public docks may not be used for commercial or residential moorage. (b) Residential piers, docks, floats, or mooring buoys may be permitted accessory to a single-family residence, or as common use facilities associated with a subdivision, short subdivision, or multi -family development, in accordance with this chapter and the following limitations: (i). Residential mooring buoys are preferred over docks and piers on the Puget Sound shoreline. Applicants for a residential dock or pier on the Puget Sound Shoreline must demonstrate why a mooring buoy will not provide adequate moorage for recreational watercraft. (ii) No more than one pier, dock, float, or mooring buoy for each existing residential lot is permitted. FWSMA 15.05.050 (3) speaks to "boating facilities", which are defined at FWSMA 15.05.030: "Boatingfacility" means a facility or structure providing access in and out of the water for vessels, such as a launching ramp, rails, or lift station open to the public. For purposes of the Shoreline Master Program, boating facilities do not include docks, piers, moorage piles, mooring buoys, or floats associated with single-family residences or other joint -use structures not accessible to the public. 5 Such facilities are, as stated, for parks and public access areas, where one would launch a boat from a ramp, rail or lift station. Even this section of the code finds a preference for a mooring buoy over a rail system (FWSMA 15.05.050 (3) (v)). (3) Boating facilities — launching ramps, rails, and lift stations. (a) Launching ramps, rails, and lift stations may be permitted in parks and public access areas in the shoreline residential and urban conservancy environments subject to a shoreline conditional use permit, where authorized by FWRC 15.05.070 through 15.05.090. The following conditions shall apply: (i) No portion of a launching ramp, rail, or lift station shall be placed more than 60 feet waterward of the ordinary high water mark. (ii) All portions of a launching ramp, rail, or lift station shall be placed at a depth not to exceed eight feet below the ordinary high water mark. (iii) Launching rails or ramps shall be anchored to the ground through the use of tie -type construction. Asphalt, concrete, or other ramps, which solidly cover the bottom or bed of a waterbody, are prohibited. (iv) No more than one launching ramp, rail, or lift station per shoreline development shall be permitted. (v) Launching ramps, rails, or lift stations shall not be permitted for shoreline developments that have an existing pier, dock, float, mooring buoy, or other functional moorage. Piers, docks, floats, or other forms of moorage shall not be permitted for shoreline developments that have existing launching ramps, rails, or lift stations. (vi) Launching ramps, rails, and lift stations shall be sited and designed to ensure protection of navigation routes and access; shall be aesthetically compatible with or enhance existing shoreline features; and shall be clearly marked and separated from nearby swimming areas. 4) Applicant initially installed a mooring buoy, prior to the construction of the new rail launch The installation of this buoy was in conformity with many other homeowners along this beach who have mooring buoys and no rail systems. This helped to maintain the aesthetic quality of the shoreline. Subsequently the applicant constructed the rail launch, which is readily visible from neighboring properties. 15.05.050 Shoreline modifications (3) Boating facilities — launching ramps, rails, and lift stations. (v) Launching ramps, rails, or lift stations shall not be permitted for shoreline developments that have an existing pier, dock, float, mooring buoy, or other functional moorage. Piers, docks, floats, or other forms of moorage shall not be permitted for shoreline developments that have existing launching ramps, rails, or lift stations. on 5) Would permitting this use not be in direct conflict with the intent of the Shoreline Management Act? We understand the importance of protecting homeowners' private property rights, but to allow this newly constructed rail boat launch to be permitted will certainly open the door for future construction of other boat launch systems. In fact, there are many dilapidated, unused rail systems along this relatively short stretch of shoreline alone. If this permit were granted, anyone whose property once had a rail system anytime in the last 40+ years would have the same right to construct a new boat launch. This seems inherently inconsistent with the goals and objectives of the SMA. Is this really what the Shoreline Management Act intended in their efforts to protect our waterways and preserve the public's opportunity to enjoy the "physical and aesthetic qualities of the natural shoreline"? Regardless of the private ownership of the Tidelands, do we really want to see a shoreline dotted with one rail system after another extending 60 feet waterward creating a potentially dangerous obstacle for water enthusiasts of all kinds? FWCP -CHAPTER ELEVEN — SHORELINE MASTER PROGRAM 11.0 Purpose and Responsibility Washington's Shoreline Management Act, Chapter 90.58 RCW (SMA), was passed by the State Legislature in 197 i and adopted by the public in a referendum. The SMA was created in response to a growing concern among residents of the state that serious and permanent damage was being done to shorelines by unplanned and uncoordinated development. The goal of the SMA is, "...to prevent the inherent harm in an uncoordinated and piecemeal development of the state's shorelines." RCW 90.58.020 The legislature finds that the shorelines of the state are among the most valuable and fragile of its natural resources and that there is great concern throughout the state relating to their utilization, protection, restoration, and preservation_ In addition it finds that ever increasing pressures of additional uses are being placed on the shorelines necessitating increased coordination in the management and development of the shorelines of the state. The legislature further finds that much of the shorelines of the state and the uplands adjacent thereto are in private ownership; that unrestricted construction on the privately owned or publicly owned shorelines of the state is not in the best public interest; and therefore, coordinated planning is necessary in order to protect the public interest associated with the shorelines of the state whi[e, at the same time, recognizing and protecting private property rights consistent with the public interest. There is, therefor, a clear and urgent demand for a planned, rational, and concerted effort, jointly performed by federal, state, and local governments, to prevent the inherent harm in an uncoordinated and piecemeal development of the state's shorelines. It is the policy of the state to provide for the management of the shorelines of the state by planning for and fostering all reasonable and appropriate uses. This policy is designed to insure the development of these shorelines in a manner which, while allowing for limited reduction of rights of the public in the navigable 7 waters, will promote and enhance the public interest. This policy contemplates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life, while protecting generally public rights of navigation and corollary rights incidental thereto. The legislature declares that the interest of all of the people shall be paramount in the management of shorelines of statewide significance. The department, in adopting guidelines for shorelines of statewide significance, and local government, in developing master programs for shorelines of statewide significance, shall give preference to uses in the following order of preference which: '(1) Recognize and protect the statewide interest over local interest; (2) Preserve the natural character of the shoreline; (3) Result in long term over short term benefit; (4) Protect the resources and ecology of the shoreline; (5) Increase public access to publicly owned areas of the shorelines; (6) Increase recreational opportunities for the public in the shoreline; (7) Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary In the implementation of this policy the public's opportunity to enjoy the physicat and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally. To this end uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment, or are unique to or dependent upon use of the state's shoreline. Alterations of the natural condition of the shorelines of the state, in those limited instances when authorized, shall be given priority for single-family residences and their appurtenant structures, ports, shoreline recreational uses including but not limited to parks, marinas, piers, and other improvements facilitating public access to shorelines of the state, industrial and commercial developments which are particularly dependent on their location on or use of the shorelines of the state and other development that will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the state. Alterations of the natural condition of the shorelines and shorelands of the state shall be recognized by the department. Shorelines and shorelands of the state shall be appropriately classified and these classifications shall be revised when circumstances warrant regardless of whether the change in circumstances occurs through man-made causes or natural causes. Any areas resulting from alterations of the natural condition of the shorelines and shorelands of the state no longer meeting the definition of "shorelines of the state" shall not be subject to the provisions of chapter 90.58 RCW. Permitted uses in the shorelines of the state shall be designed and conducted in a manner to minimize, insofar as practical, any resultant damage to the ecology and environment of the shoreline area and any interference with the public's use of the water. Thank you for your consideration in this matter Respectfully submitted by: John A. Tidwell M. Beth Porter 2868 SW 300th Place Federal Way, WA 98023 253-835-8096 Itidwell(�comcast. net bporter555[a-D,aol.com 8 Co 10 go Co 0 0 CO 8 O o im ( � � m 00 rc 3 0 :�fK L ; �" '' ' (7 -0 0 (n 7 rL n n o i i _ .• � a rn M CCD f�iC� O,.T may'.'`-`^• 3 . :tip.+„ .. Cn iz 0 J�es Creek IR 4.1 �w'� .j"• � Y J Y� rr lr'I-yw 1 W. I fr i.* y�M!f4'.� ,q. M1'i}� - •r Reach 16- . ❑umas Ray - R,,tch lh- _ Pn,. t Sound East i5 • m� v 5 Ej � r a t 9 • a N p 0) CD02 j[ pN nm CCDm am m ro �'m m �'m m m m m o m m m W CD CD = mR $ •3 3 3�3 3N3 3 3 63 3 3Co3 3� Q-�,� �3 21 3 o 3 0 3 0 o a o m o 0 0 0 O o Qo O o 1'I� A m<m<m< < <Q< < < < (,< < o< < <r:m E (p S. a m m m m ro Vc m m m m m m m 0 Cr m M 3 O Q-Q-m o y v v o o a n QO ?= rn � 0 mo0mm�m �v m 35, = oc»�vvr'�"N � � Co SO W -- �n w n N m to lo a) 0- O O O 0 0 O S n C Q n c 0' oho x y o warm m �m�ra Qo � C � _ �► O Cn tp m m C) m m is a m m@ gy m C O (O .0 � O• 3 m m agIDgm > :3 3' cc n v o w w Cr � �• m SCL CD CD n m m Yi 3 -mot, Federal Way NOTICE OF MASTER LAND USE APPLICATION Project Name: Bessler Boat Launch File: #13-101168-SH Project Description: Applicant has requested a shoreline substantial development permit pursuant to Federal Way Revised Code (FWRC) 15.050.150(1) for the proposed repair of an exist- ing rail boat launch. This is an "after -the -fact" per- mit for improvements that have already been in- stalled. Applicant Contact: Zen McManigal, McManigal and Associates, 142 SW 202nd Street, Normandy Park, WA 98166 Project Location: 2854 SW 300th Place, Federal Way, WA 98023 Date Application Received: March 13, 2013 Date Determined Complete: April 2, 2013 Date of Notice of Application: April 5, 2013 Comment Due Date: April 22, 2013 Permits Under Review: Substantial Shoreline De- velopment Permit Existing Environmental Documents: Shoreline Master Program (Updated November 2011) Required Studies: As -built drawing Development Regulations Used for Project Miti- gation: FWRC Title 14, "Environmental Policy"; Ti- tle 15, "Shoreline Management"; and Title 19, "Zon- ing and Development Code" Public Comment & Appeals: Any person may submit written comments regarding the application to the Director of Community and Economic Devel- opment by 5:00 p.ra. on April 22. 2013. 0nly per- sons who submit written comments to the director (address below), or specifically request a copy of the decision, may appeal the decision. Details of appeal procedures for the requested land use deci- sion will be included with the written decision. Availability of File: The official project file and en- vironmental documents are available for public re - View during normal business hours at the Depart- ment of Community and Economic Development, 33325 8th Avenue South, Federal Way, WA 98003. Staff Contact: Associate Planner Matthew Herrera, 253-835-2638 Date Published: April 5, 2013 FWM1998 31919 Is' Ave S, Suite 101 1 Federal, Way, WA 98003 1253.925.5565 1253.925.5750 (f) Affidavit of Publication Rudi Alcott, being first duly sworn on oath, deposes and says that he is the Publisher of The Federal Way Mirror, a weekly newspaper. That said newspaper is published in the English language continually as a weekly newspaper in Federal Way, King County, Washington, and is now and during all of said time has been printed in an office maintained by the aforementioned place of publication of said newspaper. That the annexed is a true copy of a legal advertisement placed by City of Federal Way - Economic Development as it was published in regular issues (and not in supplemental form) of said newspaper once each week for a period of one consecutive weeks(s), commencing on the 5th day of April 2013, and ending on the 5th day of April 2013, both dates inclrIsive, and that such newspaper was regularly distributed to its readers during all of said period. That the full amount of the fee charged for the foregoing publication is the Sum of $93.73, which amount has been paid in full, or billed at the legal rate according to RCW 65. 16.020. Subscribed to and sworn before me this 30th day of April 2013. Notary Public in and for the State of Washington, Residing at Federal Way ❑ U 1 ^:'• DE 18 :k , 2013 0 OP gRYtP0 CITY OF ,,• Federal flay DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.cit off deralwa .cam DECLARATION OF DISTRIBUTION I, C. . " h�7- _ hereby declare, under penalty of perjury of the laws of the State of Washington, that a: 0- Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Pemnit ❑ Adoption of Existing Environmental Document was mailed ❑ faxed A e-mailed and/or ❑ posted to or at each of the attached addresses on 2013. 1 Project Name 4�r-.S�S��_� l�� �c� File Number(s) I,-? - /G//. & - S Signature Date K:\CD Administration Files\Declaration of Distribution.doc/Last printed 1 /10/2013 10:35:00 AM —N Alk CITY OF Federal Way NOTICE OF MASTER LAND USE APPLICATION Project Name: Bessler Boat Launch File: #13-101168-SH Project Description: Applicant has requested a shoreline substantial development permit pursuant to Federal Way Revised Code (FWRC) 15.050.150(1) for the proposed repair of an existing rail boat launch. This is an "after -the -fact" permit for improvements that have already been installed. Applicant Contact: Zen McManigal, McManigal and Associates, 142 SW 202nd Street, Normandy Park, WA 98166 Project Location: 2854 SW 300d' Place, Federal Way, WA 98023 Date Application Received: March 13, 2013 Date Determined Complete: April 2, 2013 Date of Notice of Application: April 5, 2013 Comment Due Date: April 22, 2013 Permits Under Review: Substantial Shoreline Development Permit f ■ I Existing Environmental Documents: Shoreline Master Program (Updated November 2011) Required Studies: As -built drawing Development Regulations Used for Project Mitigation: FWRC Title 14, "Environmental Policy"; Title 15, "Shoreline Management"; and Title 19, "Zoning and Development Code" Public Comment & Appeals: Any person may submit written comments regarding the application to the Director of Community and Economic Development by 5:00 p.m. on April 22, 2013. Only persons who submit written comments to the director (address below), or specifically request a copy of the decision, may appeal the decision. Details of appeal procedures for the requested land use decision will be included with the written decision. Availability of File: The official project file and environmental documents are available for public review during normal business hours at the Department of Community and Economic Development, 33325 8"' Avenue South, Federal Way, WA 98003. Staff Contact: Associate Planner Matthew Herrera, 253-835-2638 Doc, I.D. 63252 w z J U) W 0 Q a a a 3 a a a a a a a a a a a cnC/) z a a. a x x x a x x x x x x x x x x x>>> J O O O O O O O O O O O O O Cl Uy O O o x o 0 0 0 0 0 0 0 0 0 o x x x w 3 3 3 0 3 3 3 3 3 3 3 3 3 3 3 m m v] v] vn V] cn U] CD © N N O DD o0 "O N .0 W) M W) wl ,-. O N O N M V \D � It vl [— 0 0 0 O o0 o0 00 00 DD 00 O O O 00 00 00 00 00 O O O Q M N N N N N N M M M N N N N N m M m W z J Z Q cn �a x o o ¢ ¢ o UD � z a o w ¢ ¢ x x ¢ z z a a q Q x + w w w x Q a N� ¢zz a Q U¢ z z z z wz v U v z Ow¢ Qa.waaoo po x x z ¢ w ti u a a Cl w w x ti a HHH�F°,�aa Q' Q F. ¢ Q U Cl) O vl O vl kn O vl vn CD 00 O O In N M Cll W 0 a1 to � 00 00 C+ O p .--i CV M m M m M M M O CD O O r-. .-� O O O O N en O O O O O O O O O O O O O O O O O O O O O O O O O O O �o I'D \10 � \.o �o 1.0 �O 1�0 �.O %O ID 110 110 \0 110 •n �o �_ \0 �c_ �c *kk N M O ti O O O N M CO I� O 10/31/2012 City of 300' Parcel C325SthAveS. y 33325 Bth Ave S. Federal Way Notification area Way Wa. (206) - Federal350098003 0 www.cityoffederalway.com 416660- 0210 41 416660-0185 _ -- I 6660-0200. ` nei l 41 195 416660- �, 0155 416660-0165 416660-\ 0170 0121t14U. 416860- 0115 416660-012C ■ 41 40 A16660-0150 �l 416660-0335 41666 03150 �• 41671q- 416660-0350 416660-0325 \0295 15 �, 416660-0218 0� 416660-0355J1 416710-0310 416660-0219 —4 416710-0210 3: 416660-0360 416710-0315 416710-0215 416560- 416660-0365 416660-0400 0230 U) 416710-0330- 416660-0385 416790-0155 416710-0240 416660-0370 Legend King County Tax Parcels Subject Property Notified Properties 4160 0130 rd 0 416660- 0310 16660- 0265 416660-0405 clrr of Scale: Federal Way N 0 75 150 Feet ) This map is Inpard/d for use as a graphical representation only. The City or Fpdpnl Way makes no warranty as to its accuracy. 0 r` 0 0 0 co 0 v chi m n 0 c 0 z SUZANNE ANDERSON US ARMY CORPS/ENGINEERS ATTN REGULATORY BRANCH PO BOX 3755 SEATTLE WA 98124 Suzanne.L.Anderson@usaGe-army.mil LAURA ARBER (saltwater) WDFW REGION 4 OFFICE 16018 MILL CREEK BLVD MILL CREEK WA 98012-1296 la u ra . a rbe r @ dfw. wa. g ov ZEN MCMANIGAL MCMANIGAL & ASSOCIATES 142 SW 202"d ST NORMANDY PARK WA 98166 MARSHA ENGEL PUGET SOUND PARTNERSHIP 210 11T" AVE SW STE 401 OLYMPIA WA 98504-0900 marsha.en el s .wa. ov MUCKLESHOOT INDIAN TRIBE ENVIRONMENTAL REVIEWER 39015 172ND AVE SE AUBURN WA 98092 ROBERT & MICHELE BESSLER 2854 SW 300TI ST FEDERAL WAY WA 98023 DEPT OF ARCHAEOLOGY & HISTORIC PRESERVATION PO BOX 48343 OLYMPIA WA 98504-8343 iretchen.kaehler@dgbp.wa.gov PUYALLUP TRIBE OF INDIANS ENVIRONMENTAL REVIEWER 3009 E PORTLAND AVE TACOMA WA 98404 Tina Pie From: Tina Piety Sent: Thursday, April 04, 2013 2:39 PM To: 'suzanne.I.anderson@usace.army. mil'; Marsha Engel; gretchen.kaehler@dahp.wa.gov; 'laura.arber@dfw.wa.gov' Cc: Matt Herrera Subject: Federal Way Notice of Application Attachments: Bessler Boat Launch NOA.pdf Hello, Attached you will find a Notice of Application from the City of Federal Way regarding the Bessler Boat Launch. If you have any questions or comments, please send them to Associate Planner Matthew Herrera at 253-835-2638, or matt.herrera cit offederalwa .corn. Tina Piety, Administrative Assistant II Department of Community and Economic Development City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-2601; Fax 253-835-2609 DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South Federal Way WA 98003 CITY OF 253-835-7000; Fax 253-835-2609 Way www,cit ftl=cierolwa .camF�d�ra DECLARATION OF DISTRIBUTION l �J hereby declare, under penalty of perjury of the laws of the State of Washington, that a: Notice of Land Use Application/Action ❑ Notice of Determination of Significarce (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Peirnit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed 11� e-mailed and/or ❑ posted to or at each of the attached addresses on C 2013. Project Name . gs16, 4 Li File Number(s) 13 - Signature Date 11 - `-1 `13 K:\CD Administration Files\Declaration of Distribution.doc/Last printed 1 /10/2013 10:35:00 AM A�k CITY OF Federal Way NOTICE OF MASTER LAND USE APPLICATION Project Name: Bessler Boat Launch File: #13-101168-SH Project Description: Applicant has requested a shoreline substantial development permit pursuant to Federal Way Revised Code (FWRC) 15.050.150(1) for the proposed repair of an existing rail boat launch. This is an "after -the -fact" permit for improvements that have already been installed. Applicant Contact: Zen McManigal, McManigal and Associates, 142 SW 202°d Street, Normandy Park, WA 98166 Project Location: 2854 SW 300`h Place, Federal Way, WA 98023 Date Application Received: March 13, 2013 Date Determined Complete: April 2, 2013 Date of Notice of Application: April 5, 2013 Comment Due Date: April 22, 2013 Permits Under Review: Substantial Shoreline Development Permit Existing Environmental Documents: Shoreline Master Program (Updated November 2011) Required Studies: As -built drawing Development Regulations Used for Project Mitigation: FWRC Title 14, "Environmental Policy"; Title 15, "Shoreline Management"; and Title 19, "Zoning and Development Code" Public Comment & Appeals: Any person may submit written comments regarding the application to the Director of Community and Economic Development by 5:00 p.m. on April 22, 2013. Only persons who submit written comments to the director (address below), or specifically request a copy of the decision, may appeal the decision. Details of appeal procedures for the requested land use decision will be included with the written decision. Availability of File: The official project file and environmental documents are available for public review during normal business hours at the Department of Community and Economic Development, 33325 8th Avenue South, Federal Way, WA 98003. Staff Contact: Associate Planner Matthew Herrera, 253-835-2638 Doc. LD 63262 Tina PieLy From: Tina Piety Sent: Thursday, April 04, 2013 9:39 AM To: 'Mary Lou Goss' Subject: RE: Legal Notice Attachments: Bessler Boat Launch NOA.docx Yikes! Here it is. Tina From: Mary Lou Goss[rnailto:maoss@fedwaymirror.com] Sent: Thursday, April 04, 2013 9:32 AM To: Tina Piety Subject: Re: Legal Notice No attachment! Mary Lou Goss Office Coordinator/ Advertising Sales Consultant Office: 253-925-5565, Ext 3056 Internal: 02-3056 31919 1 st Ave S, Ste 101, Federal Way, WA 98003 Sound Publishing, Inc. Map Print Rates Online Rates Media Kit Sound Info On Thu, Apr 4, 2013 at 8:26 AM, Tina Piety <I ina.Piety r�7..citoffederalway.coin> wrote: Hello again, Please publish the attached legal notice (Bessler Boat Launch NOA, 13-101168-SH) in Friday's (4/5/13) issue. Please furnish an affidavit of publication. Thank you, Tina Piety, Administrative Assistant II Department of Community and Economic Development City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-2601; Fax 253-835-2609 .`_,..� CITY OF ,�... Federal Mr. Robert A. Bessler 2854 South 300`h Street Federal Way, WA 98023 CrrY HALL 33325 8th Avenue South Feder y Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com FILE Re: File #13-101168-00-SH; LETTER OF COMPLETE APPLICATION Bessler Boat Launch SDP, 2854 SW 3001h Place Dear Mr. Bessler: April 2, 2013 The Community and Economic Development Department is in receipt of your Shoreline Substantial Development Permit application. The shoreline permit is required as the after -the -fact rail boat launch system improvements do not meet exemption thresholds set forth in Washington Administrative Code 173-27-040. Pursuant to Shoreline Master Program (SMP) development regulations codified in the Federal Way Revised Code (FWRC) Title 15, the department shall process the Substantial Development Permit under the provisions of Use Process III. NOTICE OF COMPLETE APPLICATION Please consider this notice a formal Letter of Complete Application. The Substantial Development Permit application is deemed complete as of April 2, 2013. This determination of completeness is based on a review of your submittal relative to applicable requirements referenced within FWRC 15.05.140, "Application Requirements." A 120-day time line for reviewing the Substantial Development Permit application has started as of this date. The city's development regulations allow the department 120 days from the date that an application is deemed complete to take action on the application. However, the 120-day time line will be stopped any time the city requests corrections and/or additional information. You will be informed of the status of the 120-day time line when you are notified in writing that corrections and/or additional information are needed. PUBLIC NOTICE The Notice of Application will be distributed within 14 days of this letter as follows: (1) at least one notice will be posted at the subject property; (2) one copy will be posted at each of the official notification boards; (3) one copy will be published in the Federal Way Mirror; and (4) a copy will be mailed to property owners within 300 feet of the subject property. The department also has the responsibility to notify other agencies that may have jurisdiction over your development project or an interest in it. CLOSING If you have any questions regarding this letter or your development project, please contact me at 253-835- 2638, or matt.herrera@cityoffederalway.com. Sincer , Ma ew Herrera Associate Planner Doe. 1. D. 63254 Application: Shoreline management permit 1. Applicant: Robert Bessler 2854 SW 300th Place Federal Way WA 98023 Phone # 253.861.4994 2. Representative: Self 3. Property owner: Self 4. Location: The property is at 2854 SW 300th place within the Lakota Community of Federal Way, King County, Washington. The property is located along the marine shoreline in the SW % of the NE % of the SW % of section 1. T.21N., R. 3 E, Willamette Meridian. 5. Shoreline: Puget Sound, just north of Dumas Bay 6. General Description: An existing damaged boat rails system exists at the shoreline made up of cement support sections and rusted marine rails. The project includes removal of the old rusted rails and replacement with galvanized steel rails that are anchored to the existing cement support sections by bolts. The use is to make the existing boat house functional for removal and entry of a small boat into a boat house that exists on the property 3 feet above the existing bulkhead. 7. The property and adjacent neighborhood is part of the former 171 acre land claim of Dr. Richard Hyatt Lansdale (1812-1897). Dr. Landsdale was a noted government physician, auditor, postmaster, surveyor and Presidentially appointed Indian Agent. Dr. Lansdale was issued a patent on the claim in 1872, however it was unclear if he resided on the property for any length of time. 19th century maps do not show structures in the Lakota community vicinity, however two structures are shown near the property on a 1900 USGS map. A house constructed in 1918 was demolished prior to the construction of the current residence that construction was completed on in June of 2012. The existing boat house from the prior residence was maintained with no changes made. The existing bulkhead was untouched during the construction. 8. The proposed project is the replacement of the old rails with new ones along the length of the cement supports that already go out into the beach approximately 60 feet from the bulkhead. The height of the rails goes from 36 inches at the bulkhead to 6 inches at the further point out into the beach over the 60 feet. There are adjacent structures up and down the Lakota beach of other existing boat houses and other existing functional rail systems both east and west of the property. 9. A. see boundary map B. the high water mark is below just proximal to the bulkhead and 2 feet below. C. there is not proposed change to the land contour as the new rails rest on the existing concrete and have footings that rest on the rocks along the beach. d. there is no proposed change to the wetland areas. e. there is no vegetation at the proposed site as it is a rocky beach. f. The prior damaged boat rail system includes cement supports in the beach and rusted boat rails. The new dimensions of the new boat rails are 610 foot sections connected by bolts. Each section is 48 inches wide. The boat rails proposed are bolted to the pre-existing cement in the beach and bolted to the bulkhead that leads into the existing boat house. The proposed improvements after speaking with Laura Arber at Washington fish and wildlife are to remove old cement that is not needed to support the new steel rails and remove the rusted rails from the shoreline. g. There is no proposed landscaping plan for this project as the view is unaltered from the prior rails. h. The mitigation proposed is to remove old concrete in the beach and old rusted rails from the area. i. There is no change in view from the shoreline as the structure is below the bulkhead. The setbacks of each house are such that one cannot see the structure unless at the beach. At low tide despite it being private property if people where to want to walk along the beach they could still do so either beyond the rails or by walking between them. j. there is no excavated material proposed k. see vicinity map but there is no proposed development or use to roads, utilities, existing developments or uses on adjacent properties. I. there is no impact to views. m.there is no request for variance n. Because this is a repair to an existing structure and existing use , it is believe to qualify for the relevant decision criteria. L7 c G ru 2 - n n z m n m m r M x � m a a o 0 Vi m y m Q s a o z rn in a Ic c OF 101312012 ®f 300' Parcel City of Federal Way 33325 8th Ave S. Federal may Notification a s Federal - ral.9B003 (206) - 035 - 70 0a www.cityotfedeway.com 0121034014 '416660-0145 416660- 0115 416660-0185 16650- •� 0155 416660-0165 416660-0090 4-16680-0180 416660-0200 416660- 0210 416660- 416660-0205 0170 416660-0120 41f660-01.40 416660 0130 41666Q-015Q 4.16660- 0. s 010% 0265 416660-0235 416660-0305 416660- 416710-0285 416660-0335 416660-. 0315 0310 ® 416660-0350 416710- . 0295 416660-0325 416660-0218'. ® 416660-0355 . 416710-0310 41.666(0219 416710=0210 416660-0360 416710-0315 416660-0405 416710-0215 416660- �, M 416660-0365 416660-0400 416710-0330 0230 416660-0370 416660-0385 . 416710-0155 416710-0240 Legend King County Tax Parcels Subject Property Notified Properties C [iY GF \ Scale: Federal Way N 0 75 150 Feet ' This map is mmndrd Wwo as a gapvcai MPMsan M COV.. 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Federal Way Wa 98003 (206) - 835 - 70Da www.citycffederalway oom 012103-9014 416660= 0115 416660-0120 41 C660-01.40 ter" 416660-0185''� 416660- ,A�'' 0155 '40 416660 0130 l` G 416660-0165 416660-0150 V ' 416660-0090 416660-0180 4.16660-0200 416660- 416660-' 0210 416660-0205 0170 �. 416.660-0195 �@ a Gd 7' 416660- 0265 416660-0235 416660-0305 4115710-0285 �� 416660-0335 416660- ,031 D 4 0315 416660-0350 416710- .�� 0295 CAI 416660-0355 416660-0218`•. ® - 416710-0310 41.6660:0219 416710=0210 416660-0360 - 416710-0315 416710-0215 416660-416660-0365 416660-0400 0230 416710-0330 _ 416660-0370 v 416660-0385 ., .,.. A4ee .en nepwn Legend King County Tax Parcels Subject Property Notified Properties 416660-0325 '• 416660-0405 C17Y 4F ` Scale: _ �� ��* eral ay N 0 75 150 Feet This map is mteMed for"" as a gr;l ph—i rap My rlavon o�ry. L.�-- The City of Fodoral Way makoo no warramy an rn i acwrocy. 0 r` 0 Co co v 1 CITY OF Federal Way APPLICATION NO(S) (3- I P 11 (06 Project Name E515�,55L,&(L I26,1(JP046.4L Property Address/Location Z2 �w Parcel Number(s) 666 ao fi0 MASTER LAND USE APPLICATION DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES RECEIVE® 33325 8"' Avenue South Federal Way, WA 98003-6325 i 253-835-2607;Fax 253-835-2609 MAR 13 2013 wwwxi«,.,:':cderalway.co-ni CITY OF FEDERAL WAY CDS Date 13 l 3 Project DescriptionH&xj rz,y_ PIXASE PRINT Type of Permit Required Annexation Binding Site Plan Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Director's Approval) Process H (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercial/Residential Required Infformation R. ■ . Zoning Designation &Lz•Comprehensive Plan Designation Value of Existing Improvements Value of Proposed Improvements International Building Code (IBC): Occupancy Type Construction Type Applicant Name: A G/r�Ilt— Address: S AV Sr City/State: Zip: d (0 6 Phone: ;Fv(m - v `LY -3 3 5 Fax: Zit - C`7°a-3p�� Email: Z�]asl. Goy Signature:- Agent (if different than Name: Address: City/State: Zip: Phone: Fax: Email: Signature: Owner Name: fU U 4 RA (Z-464_ 6*SSL . Address: 2p'5`{ slit! 3001W tPL�Z-4 City/State: IzW,4 -- {tJA, ( kv/t. � - a6? 3 2 5 Phone: 3 -57 <� -lood(v [►"i to A-64-- ) Fax: Email: c be Sf f e,,- d S,0v,AdP,4y s lctaKJ: Signature: Bulletin #003 — January 1, 2011 Page 1 of 1 k:\Handouts\Master Land Use Application 1 CITY OF Iederal Way APPLICATION NO(S) MASTER LAND USE APPLICATION DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 81h Avenue South Federal Way, WA 98003-6325 253-835-2607;Fax 253-835-2609 www.c6offederalwa -com Date 10 -I 8--1 Z Project Name ��s f yv�af1 aq La' ( C'x 1 2 Property Address/Location Pc- - Parcel Number(s) Project Description ��vt D ue- Cca\ � cvsw—`� T'CA- tG'c C_ � -1 e-�" kl 1 A ( 011C, +& 1C l t e. e. PLEASE PRINT Type of Permit Required Annexation Binding Site Plan Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Director's Approval) Process II (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI SERA w/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercial/Residential Required Information A5 Z Zoning Designation omprelienslie Plan Designation Value of Existing Improvements btao- 3 Value of Proposed Improvements `R dLa 1�a.vt International ur di"ng Carle (IBC): Occupancy Type Construction Type Applicant Name: Address: City/State: Fe a�.cz -•' `�`j F v✓ �'©� '� Zip: 49 S"cz-3 Phone: Z•r -5"k(Ql (4Sf rl Fax: Email: �lacs� ,.Gst�ur�Q pl'tv)5 i'c1c4r�S�tG Signature: Agent (if different than Applicant) Name: Address: �eE j/V� CLS C� City/State: Zip: Phone: Fax: Email: Signature: Owner Name: Address: City/State: Zip: Phone: Fax: Email: Signature: Bulletin #003 — January 1, 2011 Page 1 of 1 k:\Handouts\Master Land Use Application EXISTING 1 CONCRETE UJALKIUAY -- -- -- -- -- -- ---lam-- -- -- -- -- -- -- -- -- -- -- -- EXISTING STONE • PAVERS 8 EXT'G. F Z STEPS GONG ■ 1 EXISTING EXI5TING STONE 1 STONE PAVERS PAVERS EXISTING — STONE ORDINARY HIGH 1 PAVERS EXT'G 2 STORY WATER MARK At EXT'G. BULKHEAD EXISTING HOUSE e - STONE EXISTING CONCRETE DRIVEWAY E EXT'G. 2 - CAR GARAGE & CARRIAGE HOUSE EXISTING PLANTINGS EXT'G CONCRETE LAWN PARKING BULKPEAp I 1 PLANTINGS EXISTING ( EXT'G. LANSCAPED EXISTING GRAVEL COVERED DRY 5TREAM5ED PATH DECK • EXISTING CULVERT GONG. NEW METAL RAIL 4 1 STAIRS I TROLLEY SYSTEM ON EXISTING EXISTING CONCRETE EXT'G. PLANTINGS FOOTING ` GONG EXISTING EXISTING STREAM I EXT'G. EXT'G. DECK OVER LONG EXT'G. CONCRETE EXISTING GATE i BOAT MOUSE EXISTING STONE -- -- -- -- -- -- -- - -- PLANTINGS -- -- -- - PAVERS -- -- -- -- -- -- -- --�-- -- -- -- -- EXISTING CULVERT 1 OWNER - ROB 4 MIC�{ELE BESSLER 60.0 SITE PLAN AV ADDRESS: 2554 5W 30OTN PLACE I' =10' FEDERAL WAY, WA'55023 PARCEL NUMBER: ? 4166600110 m 5 lm 20 40 S� SW 300TH PLACE RECEIVED MAR 13 2013 CITY OF FEDERAL WAY CDS MCMANIGAL & ASSOCIATES ARCHITECTS, PLLC 142 SW 202ND SEATTLE, WASHINGTON 98166 T 206-824-3935 F 206-878-3896 m N OO CT w w � U � w � w w U �- CD 00 N NO DATE REVISION f4a.4068 REGISTERED RCHITECT Zenith L. >1c.4ailgal, J. STATE OF''ASHINGT DATE: 3/11/2013 DRAWN: iv CHECKED: zm PARTNER: zm JOB NO: SHEET: