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07-102533CITY OF Federal May 10, 2007 Mr. Brant Schweikl Schweikl & Associates, PLLC 705 9"' Street, Suite 303 Tacoma, WA 98405 CITY HALL Way 33325 8th Arlen 5.0 Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com RE: File #07-102533-00-SH; SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT EXEMPTION Steel Lake Crest Preliminary Plat Dear Mr. Schweikl: This letter responds to your May 8, 2007 request, for a shoreline exemption to the proposed preliminary plat development. The site is located in the NE quarter of Section 9, Township 21 North, Range 4 East, W.M., and consists of several tax parcels including Parcel No. 092104-9096, which is developed with an existing single-family residence. A small portion of the northwest corner of this parcel is mapped within 200 feet from Steel Lake, which is regulated as a shoreline of the state under Federal Way City Code (FWCC). Proposed plat improvements include roadway widening, installation of curb, gutter, sidewalk, utilities, landscaping, and grading on proposed lot #1 and on the adjoining right-of-way. Unless exempt, any work proposed within 200 feet of the shoreline of the lake requires that a Shoreline Substantial Development Permit be obtained from the City. Shoreline Exemptions City staff reviewed the WAC 173-27-040 for potential exemptions to the shoreline substantial development permit, and also consulted Sandra Lange, lead staff with the Shorelands and Environmental Assistance (SEA) Division, of the Washington State Department of Ecology regarding specific exemption interpretations. The proposed roadway improvement work is included under the normal maintenance section listing below, while grading work done within portions of proposed lot #1 is addressed under the valuation section. A shoreline exemption means that a development application would not require a shoreline substantial development permit, but must still comply with the SMP and the Shoreline Management Act. Normal Maintenance - According to your letter, e-mails, and the drawing submitted with the preapplication conference request, work anticipated within the presumed shoreline setback area consists of roadway widening and associated improvements of sidewalk, landscaping, and minor grading. In reviewing submitted information, staff notes that roadway improvements would widen the dimension of the improved right-of-way and add sidewalks where none presently exist, subsequently increasing the overall infrastructure footprint. In a May 7, 2007 e-mail, Sandra Lange with Department of Ecology noted that the roadway work could possibly be construed as a `normal maintenance' exemption under WAC 173-27-040.2.b if the roadwork is done in the common method and the replacement is comparable to the original roadway in size, shape, configuration, location, and external appearance. Further, she states "that Mr. Schweikl Max 10, P07 Page 2 the definition of normal maintenance or repair includes broad enough language to cover circumstances where the work will not exactly replicate the development that existed before." The Public Works Department noted in the City's February 6, 2007, preapplication conference summary letter that this project would be expected to construct improvements on 28"' Avenue South to the City's planned roadway cross -sections,' consisting of a 44-foot street with curb and gutter, six-foot planter strips with street trees and street lights, eight -foot sidewalks, in a 78-foot right-of-way. Assuming a symmetrical cross section, nine -foot ROW dedication and half street frontage improvements are required. Tapers and transitions beyond the project frontage may be required as deemed necessary for safety purposes. The 28`" Avenue South roadway improvement would be parallel to the existing roadway, and would be consistent in external appearance, shape, and configuration. Installation of curbing, gutter, sidewalk and utility strip improvements increase the right-of-way footprint, yet are the common method for modern roadway improvements. Further, these improvements would be landward of the existing roadway. Based on these factors, street improvements that are required for this proposed subdivision, consisting but not limited to installation of curb, gutter, planter strip with street trees, utilities and roadway widening located within existing and future portions of the 28"' Avenue South right-of-way that are located within the 200- foot setback from the Steel Lake shoreline will be considered to meet the definition of normal maintenance, and therefore will be exempt from the Shoreline Substantial Development Permit requirements, subject to the following condition:2 1. Off -site roadway restoration shall include the planting of shrubs and ground covers to eliminate erosion potential. Hydroseeding alone will not be acceptable. Project Valuation - Any work that is not defined as normal maintenance, that is conducted within the 200-foot shoreline area, and does not exceed $5,000.00 in construction costs may be considered exempt from Shoreline Substantial Development Permits per WAC 173-27-040(2)(a). According to the topographic map submitted with the preapplication conference, the northwest corner of proposed lot #1 contains slopes in excess of 40 percent. This area is also located within 200 feet of the shoreline area. Your April 20, 2007 e-mail, indicated that there would be 20 cubic yards of on -site grading and you assigned a value of $70.00 to grading associated with this area. Grading on lot #1 would not be considered normal maintenance. However, as the grading does not exceed $5,000.00, it will be exempt from Shoreline Substantial Development Permit requirements. Be advised that any proposed grading activities still require subdivision and engineering review. SUMMARY Pursuant to the State Shoreline Management Act and the City of Federal Way Shoreline Master Program, the roadway and grading work associated with the preliminary plat that is located within 200 feet of the Steel Lake shoreline is exempt from the Shoreline Substantial Development Permit process requirements and is exempt from the requirements of a Shoreline Substantial Development Permit as the work is classified as both "normal maintenance and repair" and "development of which the total cost does not exceed $5,000.00" per Washington Administrative Code (WAC) sections 173-27-040(a) and 173-27- 040(b). The work is located within 200 feet of Mirror Lake and is consistent with policies of the 1 Emphasis added. 2 Under WAC 173-27-040(1)(e), local governments may attach conditions to the approval of exempted developments and/or uses to ensure that the project is consistent with the Shoreline Management Act. 07-102533 Doc 1 D 40842 Mr. Schweikl May 10, 2007 Page 3 Washington State Shoreline Management Act and guidelines of the City of Federal Way Shoreline Master Program for existing conditions. Pursuant to FWCC Section 2-182, you may appeal this decision to King County Superior Court within fourteen days of the date of this decision. Contact the Washington State Department of Wildlife regarding a Hydraulics Permit Approval and relevant permits prior to commencement of any construction related to this exemption. Preliminary plat review will commence upon submittal of required documents and application fees. If you have any further questions, please contact Deb Barker, Senior Planner, at 253-835-2642. Sincerely, 4���t mcnt",- g Kathy McCl& , Director Department of Community Development Services c: Sandra Lange, SEA Program, NWRO, Washington State Department of Ecology, 3190 160`h Avenue SE, Bellevue, WA 98008-5452 Allan Woida, 30614 281h Avenue South, Federal Way, WA 98003 Linda Elder, Steel Lake Plat Group, 30642 28`h Avenue South, Federal Way, WA 98003 Deb Barker, Senior Planner Sean Wells, Senior Public Works Engineer Interpretation notebook 07-102533 Doc I D 40842 RECEIVED MASTER LAND USE APPLICATION 4AL DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES _ —w.33325 8`h Avenue South CITY OF MAY 0 9 2007 PO Box 9718 Federal Way Federal Way 98063-9718 CITY OF FEDERAL WRY 253-835-2607; Faxax 253-835-26092609 IDUILDING DEPT. www.ci offederalwa .cam rocU 24x7-7 APPLICATION NO(S) - 0-7 — l o z 'i 3 1 ^ o 0 Date _ Project Name Steel Lake Crest Property Address/Location 30614 281h Avenue South Federal Way, Washington 98003 Parcel Number(s) 0921049096 0921049182.0921049183 & 0921049161 Project Description Subdivide existing four parcels into 29 lot plat with detention tract, landscape buffers and dedicated internal road system. �'5ftoP.i1Liop— 06FAM PI X A.Q.F. 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 SEPA w/Project SEPA Only X Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercial/Residential Required Information RS-7.2 Zoning Designation Single Family Comprehensive Plan Designation High density residential S563,000 Value of Existing Improvements $9.86 Mil Value of Proposed Improvements International Building Code (IBC): Occupancy Type Construction Type Applicant Name: Steel Lake Plat Group: Allan Woida, Mike & Gloria Trinidad, Verlin & Linda Elder Spokesperson: Linda Elder Address: 30642 28th Avenue South City/State: Federal Way, WA Zip: 98003 Phone: (253) 946-3154 Fax: Email: lel rll@earthlink.net Signature: Agent (if different than Name: Brant Schweikl, PE Address: 705 South 9th Street, Suite 303 City/State: Tacoma, WA Zip: 98405 Phone: (253) 272-4451 Fax: (253) 272-4495 ' Email: bithwei?@ om Signature: ,�aa'i �f I Owner Name: Allan Woida Address: 30614 281h Avenue South City/State Federal Way, WA: Zip: 98003 Phone: (253) 941-9126 Email: Signature:(-_Mn i i n , !' i Bulletin #003 — August 18, 2004 Page 1 of 1 k:\Handouts\IVlaster Land Use Application AR Schweikl c& dissociates, P llc Civil Engineering, Project Management and Consulting May 8, 2007 Director of Community Development Services City of Federal Way 33325 e Avenue South, PO Box 9718 Federal Way, Washington 98063 Project: Steel Lake Crest- File #06-106494-00-PC KA Project No.: 06066 RE: Shoreline Exemption Request Dear Director, 705 S. 9th St, Suite 303 Tacoma,WA 98405 Phone: (253) 272-4451 Fax: (252) 272-4495 The following Shoreline Exemption Request .pertains to the Steel Lake Crest Plat, File #06-106494-00-PC, located at 30642 28 h Avenue South. The purpose of this request is to obtain an exemption from the shoreline substantial development permit being required by the City of Federal Way for the Steel Lake Crest preliminary plat application. This letter is thus the written formal request seeking this exemption. The cities basis for requiring this permit, as defined under Federal Way City Code (FWCC) section 18-162, is that a portion of the proposed project falls within 200 feet of the shoreline of Steel Lake, a regulated lake. The applicant claims that the actual area affected by the mapped shoreline region is so minimal, and the impacts so insignificant that they are below the scope of substantial development intended by the Shoreline Management Act. Prededication, the on -site area within the boundary is only 289 square feet. This total shrinks to 103 square feet after dedication, with over 90% of that ending up in a landscape buffer. Off -site area, all within the 28th Avenue South right-of-way is 671 square feet. Approximately 200 square feet of the off -site area will be in a planter strip and 400 square feet (44 Square yards) will be pavement. The applicant believes these small numbers don't warrant the added expense and complexity that providing a shoreline substantial development permit would add to the project. In summary the applicant would ask that the Director please review this exemption request carefully. Also that he would consider what the real impacts would be of requiring a shoreline permit for this project and if this is consistent with the true scope and intent of the Shoreline Management Act. The applicant feels justified in asking �� �� this modification and is confident upon examination of the circumstances that the direr MAY 0 9 2007 1 06066 Shoreline 01bGF FEDERAL WAY BUILDING DEPT. will grant its approval. If you determine it would assist you to meet with the project owners and/or myself, we would be willing to gladly arrange for that at your convenience. If you should have any questions or require any additional information please do not hesitate to contact me, Brant A. Schweikl, at (253) 272-4451, and I will make every effort to provide you with your request. Res ectively, 4'�n- " Brant A. Schweikl, P.E. Managing Member cc: Steel Lake Plat Group, Project Owners RECEIVE® MAY 0 9 2007 2 06466 5horcline Mad.doc CiT ga1_Vz AY DING DEPT. r� �~ � �-: �'. w s�1m ■raffia :r4 Mir F• )' teel Gr` ►�� .ake J ~� RS7.2 .�, ter• } � � Snap shot of eastern portion of Steel Lake with 200' setback depicted. Existing improvements within the 200' include single family houses and 28th Avenue South. Subject site is identified also. cv C a 1-e 4-1,- Un k M,e l' W FV) CL o� = cri W Q z wLLJ � Lo Q p O zLL- >- N N Z Q J J O (� -cr- 13- LD cV� l W ~ W M Z v W W v l.l"" M W W LLJ C- O L,j �QQ U � J V13 d-O W +d I �L I .I 0 ^ I � 1 e j LO of p N LO LO I J� nu cWn I CI O ! a � 00 --- — m N LL- I o � co 0 Cl ! o N I I o I ! 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