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
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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.
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