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09-1044804CITY OF §� Federal December 3, 2009 Robert Hansen Doc Hansen Consulting Services PO Box 1073 Puyallup, WA 98371 FiLECITY HALL 33325 8th Avenue South y Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com RE: FILE #09-104480-00-AD; RESPONSE TO INQUIRY Eichholtz Property, 33049 38'h Avenue South, Federal Way Dear Mr. Hansen: The Department of Community Development Services is in receipt of your request for written clarification of several items pertaining to Mr. William Eichholtz's property located at 33049 38`' Avenue South. According to the city's permit database, the following items have been completed: (1) preapplication conference with city staff December 20, 2007; (2) wetland basic service performed by Crrette Associates on February 14, 2008; and (3) legal lot recognition on December 31, 2008. The subject property is within the jurisdiction of King County's Shoreline Master Program (SMP) and Critical Area Ordinance (CAO). The county's SMP and CAO regulations will apply until the Federal Way SMP is approved by the state Department of Ecology and adopted by City Council. Staff estimates the new SMP will be adopted during the first quarter of 2010. Where applicable, I have added known King County permitting issues if the applicant were to submit an application under the county regulatory guidelines and known permitting issues if the applicant were to delay development until after the adoption of the city's SMP. In the interest of clarity, I have paraphrased your questions (in bold) and provided a response. Please provide clarification of permits required to build a single-family residence on newly recognized parcel 614360-0156. King County Regulatory, Issues If permitting were to begin prior to the adoption of the revised Federal Way SMP, the city would administer the single-family building/land use permit using King County SMP and Critical Areas Ordinance (CAO) regulations. Any proposed development within critical areas or their associated buffers will require a Process III Master Land Use (MLU) application and State Environmental Policy Act (SEPA) threshold determination. Development within 200 feet of the shoreline will also require the applicant to apply for a Shoreline Substantial Development Permit Exemption. Please familiarize yourself with King County Code Chapter 25.16 `Urban Environment' and Chapter 21A.24 `Critical Areas.' Be advised that using the city's rating system, a Category II fringe wetland has been identified waterward of the subject property's bulkhead. Mr. Hansen December 3, 2009 Page 2 Subse cent to adoption of Federal Way SMP If permitting were to begin following adoption of the revised Federal Way SMP, the applicant would be subject to all current city development regulations at the time of complete land use or building permit application. A single-family building permit and Shoreline -Substantial Development Permit Exemption will be required If the applicant proposes development within the 100-foot Category II wetland buffer, a Process III MLU application and SEPA threshold determination will be required. Please familiarize yourself with the buffer reduction criteria within Federal Way Revised Code (FWRC) 19.175.040(5). 2. As the single-family residence has not yet been designed, is it possible to include only a building envelope for the Process III MLU application? Also, are all structures within 150 feet required to be shown on the site plan since the property is only 40 feet in width? In order to keep the site plan within a workable scale, the applicant proposes to include driveways and structures within two lots north of the subject property and two lots south of the subject property. In. order to assess the structure's impervious area, a building footprint will be sufficient for site plan review of the Process III application. Due to the scope of proposed work, driveways and structures may be reduced to the referenced alternative, or may be reduced further to one lot on each side. Is a Process III wetland buffer intrusion a possible method to obtain a stringline setback for the future single-family residence? King County Regulatory Issues King County does allow modifications to wetland buffers pursuant to criteria listed in KCC 21A.24.325. The King County CAO has identified North Lake as a `Type S Aquatic Area' requiring a 115-foot setback. An additional 15=foot building setback from the aquatic area buffer is also required. King County does allow modifications to aquatic area buffers pursuant to criteria listed in KCC 21A.24.358 et al. Subsequent to Ad lion of the Federal Wa S.MP The Process III wetland buffer intrusion only allows a maximum 50 percent reduction in buffer width. As such, the closest a new residence would be able to be located would be 50 feet upland from the identified fringe wetland. CLOSING As mentioned above, it remains the city's goal to have the updated SMP adopted by April 2010. City staff is currently responding to comments made by the Department of Ecology following an extensive review of the draft SMP. Staff will be taking the revisions through the public hearing process beginning with the Planning Commission in January. If you have any questions regarding this letter or your upcoming project, please contact me at 253-835-2638 or matt.herrera@cityoffederalway.com Sin e� Matthew Herrera Associate Planner 09-104480 Doc. I.D. 52221 47:)4�1 D C/ - 1 cx-�910 Doc Hansen Consulting Services P O Box fO73 Puyallup, WA 98371 November 9, 2009 Mr. Matt Herrera, Associate Planner Community Development Services Department 33325 Bch Ave. S. P.O. Box 9718 Federal Way, WA 98063-9718 RE: Process III Requirements for Single Family Residence on Parcel # 6143600156, William Eichholtz, Owner Dear Mr. Herrera; Per our discussion several weeks ago, Mr. Eichholtz is interested in a written response to my questions regarding the use of his property next to his existing residence at 33049 38th Avenue South. He specifically wants to build a single family residence on the property tax parcel #6143600156 of King County records nearer than 200 feet to the OHWM of the North Lake. His current residence is adjacent to the property he wishes to build upon. The questions that I raised at our meeting were pertinent to his concerns, and he seems content with the way that he could obtain a house permit if I understood your verbal response. Specifically, • Are the procedures that you provided him this last summer still pertinent to this particular case? You indicated that he could get a permit approved upon the site with completion of a UP III permit. It would require a permit fee of $2392, a SEPA fee of $948, and a Shoreline Exemption fee of $91. The Shoreline Exemption fee is allowable since the shorelines are still under King County jurisdiction until the City of Federal Way develops and adopts its own Shoreline standards approved by the State, and the City can request exemption from King County standards since the Lake is within the City boundaries. Along with the fees, you will be expecting a Master Application, Copy of the King County Assessor's Map, a vicinity map on the site plan, two copies of current title report, Mr. Matt Herrera, Associat( inner November 9, 2009 current letter of water and sewer availability, and site photographs from each compass point on the site plan. You will also be expecting two sets of self-addressed envelopes with Federal Way return address to residents within 300 feet from the property with a map showing this 300 feet boundary. One of the envelope sets will insure notification to land owners of the Process III application and one will notify them of the SEPA process. + Can the site plan include only a building envelope if the building has not yet been designed at this time, and do all structures within 150 feet have to be shown on the north and south side of the property since the property is only 40 feet in width? My client, Mr. Eichholtz, is not familiar with the exact structure design he would like to put on the site at this time, but he is anxious to start this process. Is it possible that rather than having the exact structure outlined to be placed upon the site, that a potential building envelope be displayed? This envelope would permit you to review the project as it relates to setbacks and adjacent properties' views and vegetation. Also, do you need all structures within 150 of the site? Again, because the lots are unusually narrow you would have the driveways and structures within four lots of the site. I would propose that in order to keep the site plan scale to one that is workable that the driveways and structures within two lots to the north of the site and two lots to the south of the site on both sides of the 38th Avenue street be included. Cana buffer reduction to Lake setback be obtained per FWCC 22-1359(e)(I)or(2) so that a setback can be established with a line between the existing residences corners adjacent to the property in question? When we met, we discussed possible exemptions from the OHWM setback standards established in your critical areas ordinance. You referenced this regulation. As discussed, because the existing residences are close to the property lines, because the lots involved are unusually narrow, and because the wetland area has been "permanently impacted by adjacent development activities," the first or second condition within the regulation would apply to this circumstance and would justify buffer exemptions for applicable to the site being proposed for new residence. You indicated that a proper setback to the water for the new residence could be an average of the two existing setbacks on the water. This "average" could be determined by drawing a line between the corners of the existing residences on adjacent properties nearest to the property boundaries. This line would represent the setback applying to the new structure. Page 12 — Mr. Matt Herrera, Associate Fl�er November 9, 2009 If you could verify in letter my understandings and answer the questions I now ask, we will proceed with the application: I thank you for your help in this, and it will be helpful to all to complete Mr. Eichholtz's new home. Sincerely, Robert "Doc" Hansen Page 13