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Home My WebLink AboutLUTC PKT 09-11-2006 City of Federal Way City Council Land Use/Transportation Committee September 11, 2006 City Hall 5 :30 p.m. Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. APPROVAL OF MINUTES: August 21, 2006 3. PUBLIC COMMENT (3 minutes) 4. BUSINESS ITEMS A. Acceptance of Grant Funding for Transportation Action 5 min / Salloum Improvement Project B. S 356th Street at SR 99 Intersection Improvements Project- Action 5 min / Salloum 85% Design Status Report C. 2006 Asphalt Overlay Project - Project Acceptance Action 5 min / Salloum D. Cottages at Hoyt Road - Final Plat Action 15 min / Shull E. P AA Update - Stone Creek and Von Doenhoff Information 5 min / McClung F. Road Connectivity - Comp Plan Policy & Codes Information 20 min / Roe 5. FUTURE MEETINGS/AGENDA ITEMS 6. ADJOURN Committee Members City Staff Jack Dovey, Chair Cm)' M. Roe. P.E.. Public Works Director Eric Faison Tina Piety, Administrative Assistant Dean McColgan 253-835-2601 G:ILUTC1LUTC Agcm/as tlnd Summ(lrics !006\09-1 1-06 LUTe Agemla.(loc City of Federal Way City Council Land Use/Transportation Committee August 21 S\ 2006 City Hall 5:30 pm City Council Chambers MEETING MINUTES In attendance: Committee Chair Jack Dovey; Council Member Linda Kochmar; Committee Member Dean McColgan; Mayor Mike Park; Council Member Jeanne Burbidge, Community Development Director Kathy McClung; Public Works Deputy Director Ken Miller; Street Systems Manager Marwan Salloum; Surface Water Manager Paul Bucich; ESAINPDES Coordinator Don Robinett; SWM Project Engineer Fei Tang; City Attorney Pat Richardson; Administrative Assistant II Marianne Lee; Doug Osterman, King County. Arriving at 6: 11 pm were City Manager Neal Beets & Interim Police Chief Brian Wilson 1. CALL TO ORDER Chairman Dovey called the meeting to order at 5:32 pm. Council Member Eric Faison was excused. 2. APPRO V AL OF MINUTES The August 7th 2006, minutes were approved. Moved: McColgan Seconded: Dovey Passed: Unanimously 3. PUBLIC COMMENT None 4. BUSINESS ITEMS A. P AA Update: Stone Creek & Von Doenhoff Kathy McClung provided the background information on this item. The City of Milton canceled the scheduled meeting; it will be rescheduled. This item will go to the LUTC meeting on September 11 th, 2006. B. 2007 Arterial Street Landscaping Maintenance Services - Authorization to Bid Marwan Salloum was not required to provide the background information on this item. Moved: McColgan Seconded: Dovey Passed: Unanimously Cornn1ittee PASSED Option 1 on to the Sept 5th, 2006 City Council Consent Agenda. C. 2007 Street Sweeping Services - Authorization to Bid Marwan Salloum was not required to provide the background information on this item. Moved: McColgan Seconded: Dovey Passed: Unanimously Committee PASSED Option 1 on to the Sept 5th, 2006 City Council Consent Agenda. D. Pacific Highway South ~ Northbound Left Turn Lanes at S 3161h Streets - Bid Award Marwan Salloum provided the background information on this item. Moved: Dovey Seconded: McColgan Passed: Unanimously Cornn1ittee PASSED Option 1 on to the Sept 5th, 2006 City Council Consent Agenda. Chair Dovey thanked stafffor working on this project and said it will alleviate congestion mentioned at the last G:\LUTC\LUTC Agendas and Summaries 2006\08-21-06 LUTe Minlltesdoc Land Use/Transportation Committee Page 3 June 19th, 2006 Doug Osterman, King County Watershed Coordinator for WRIA 9, also provided background information on this topic. The range of projects in the plan now range from large river projects (levee setbacks on the main- stem Green River / Duwamish River) to significant marine shoreline projects. This is a very diverse watershed. The Dash Point project will reconnect the marine waters with the fresh waters. Juvenile Chinook salmon are hugging the shoreline ofWRIA 9, including Federal Way, and the more we can have areas where those juvenile fish can come into the mouths of the small streams, which Federal Way has many of, the more we are going to increase their survivability. There is one major project in the list of 56 high priority projects in the habitat plan in the City of Federal Way and that's the Dash Point project. One of the reasons for that is that while staff were identifying projects they also had a number of other studies underway that were not complete by that time. There are now two additional characterization reports that could be used by Federal Way. One of the reasons why the forum is recommending a 9-year interlocal agreement is that it is in tandem with the lO-year time frame of the habitat plan itself. They want to show a commitment for that. Council Member Burbidge said it sounds as if, over the upcoming nine years, there would be opportunities to have additional projects included. Mr. Osterman agreed; he said there is actually a lot of flexibility in the ILA. It is nine years but the budget, and the level of cost share is determined on an annual basis. There is an escape clause on an annual basis as well; procedures that would have to be followed if a jurisdiction wanted to escape. There is some timing involved but annually the cost share is negotiated so it mayor may not stay the same as you see now. The group that Mr. Bucish sits on, the Management Committee, essentially acts as an executive committee to the forum. They look at the details: the budget, the work program, the staffing issues, and those types of things, and make recommendations to the forum. Council Member McColgan thanked Mr. Osterman for coming down. He commented on the 56 high-priority projects in the plan that the administrative staff would like to see implemented over the 10-year period of time for about $200 million dollars. Mr. Osterman said the key challenge facing them, is the funding of those projects. The current funding construct recommended by the salmon habitat plan is to continue obtaining the approximate amount of money we've been obtaining each year from the Salmon Recovery Funding Board, which is about 1.5 million dollars, retaining the amount of King Conservation District money that is put into the forum pot to use, and that's about 1.3 million dollars. Those two sources of funding are the two largest pots and the ones staff is hoping will be their base, heading into the next ten years. So if we can inch along, that's probably the level that we currently could even maintain and implementation is anywhere from 3-5million dollars per year worth of projects. The other major source of funding that staff is always working on in this watershed is the Green River Ecosystem Restoration project, which is a Federal, Army Corp of Engineers, relationship with King County. That project implementation is brought into the Salmon Recovery implementation realm because it fits really well, because it is ecosystem restoration. Ifwe are successful getting our Congressional delegation to secure Federal funding each year in the Federal Budget that could be an additional 3-4 million dollars. One of the benefits of everyone working together as multiple jurisdictions with in a watershed is that it is one of the essential ingredients in convincing Congress (Patty Murray, Maria Cantwell, Representative Adams, etc,) to go back and lobby for and get the funding for this area. If they can go back and say that the locals are putting forward this amount of money as an amalgam to help get this other money it is a really important piece of obtaining that State and Federal funding. It is working together. Chair Dovey asked if the total monies listed are for administrative costs, to run the operation to make it work. Mr. Osterman said that yes, those were for administrative expenses: staffing, operational. Chair Dovey said that when he ran through the numbers Mr. Osterman had said $200 million, so this is about $173 million short? Mr. Osterman said yes, it is a kind of daunting task. He said that is just for one watershed. If you add it up for Puget Sound they are at a billion dollars. Chair Dovey said this is the watershed that fronts the City's front door along the Puget Sound; it goes all the way from Dash Point up through Des Moines. Mr. Bucich said that is part of it; Federal Way also has a small portion of the NE corner of the City that drains into the Green- Duwamish watershed. Mr. Bucich said he wanted to clarify one thing: the $17,000 the City will be paying: none of that will be used for any capital projects. As the cornn1ittee identified this is strictly for administrative overhead costs. Chair Dovey asked Mr. Bucich if the City's SWM department had that cost budgeted. Mr. Bucich replied that it was not budgeted, not until after the current discussion occurred. He said it has not yet been included into the budget proposal that will come before the Council. Council Member McColgan said he is trying to find a reason why Federal Way should continue to participate G\LUTC\LUTC Agendas and Summaries 2006\08-21-06 LUTe Minutes FINALdoc Land Use/Transportation Committee Page 4 June] 9th, 2006 without a direct benefit to the citizens of the city who the Council Members represent. He is on a lot of regional committees and he understands that there is a huge benefit to being a good regional partner but those are the type of decisions the Council has to make. Mr. Bucich said that Federal Way could continue to participate, but at a different level they could still attend the Steering Committee meetings and see what's going on and keep track of the issues in that regard. Council Member Kochmar said, looking in the ILA, it says that any city may terminate with 60 day's notice to the other parties. Nine years is a long-term agreement. If one backed out the other cities would have to pick up the burden and share the cost of the party that terminated. Mr. Osterman agreed but said they could also change the budget; as he understands it they could make some reductions as well. Regarding benefits of participation, he suggested that Camp Kilworth is an area that could have been in the Habitat plan. Had it been included in the Habitat Plan it really would have taken a big jump for a lot of grant sources to get the funds put together. Staff kind of did a quick, end-around that on the applications and assisted City of Federal Way staff on applying for and using the right words to get the Conservation Futures funding, which is about $400,000 secured and now are seeking the other million from the Aquatic Lands Enhancement Account (ALEA) or one of the State Interagency Committee for Outdoor Recreation (lAC) grants. That's an example of the type of things partnerships can do. It's not just capital reconstruction projects but as your staff, as you pay into this, your $17,000 (and a lot of jurisdictions do this from time to time) if you need extra help on something staff are there to figure that out and help you do that. It's very important from his experience, in applying for these grants, to be able to show that it is part of a salmon habitat... It is a salmon habitat restoration world so to the extent that we can show and explain what this will do for salmon habitat, you really increase your chances to get funding for those acquisition projects. The State Department ofFish & Wildlife, with NOAA Fisheries, the federal agency that's responsible for salmon recovery because it's a marine species, is seeking a Section F protection for the watersheds that have prepared these salmon habitat recovery plans. If you can show that the implementing partners are staying with it there is a good chance we can get a blanket federal coverage for when you go to do a project, whether it has anything to do with salmon recovery or not, you could be required to show how that is going to affect salmon habitat through a biological assessment which can cost a lot of money. If we are successful in getting this Section F, and success will depend on all the locals heading in the same direction and showing a true commitment to that through an interlocallike that is the strongest means then there could very well be streamlined permitting and public works type project environmental review by virtue of getting this overall coverage. Council Member McColgan said Federal Way is being asked for an additional $7,000 and asked Mr. Bucich if SWM already has the other $10,000 in the budget. Mr. Bucich confirmed that the SWM division still has the original$lO,OOO in the budget; it will have to be removed if the City chooses not to move forward with this. The amount determined to be charged is based on a mathematical equation (model) that includes assessed value, area, and population. When he worked with his geographic information system people that generated this model, is that it's not only the area that was added to include Federal Way's marine shoreline all the way to Pierce County but the assessed value of Federal Way in general has really skyrocketed from six, almost seven years ago, when the numbers were first calculated. Mayor Park asked, regarding the financial contributions, about the City of Tacoma's contribution. Mr. Bucich said that the City of Tacoma is an unusual contributing member to this group. They actually own the Howard Hansen Dam and their total population up there is one or two people but the land mass is large. [The City of Tacoma is not in WRIA 9. It is 10, 12, and 15} The do not really factor into the equation. When Tacoma first came to the WRIA 9 Forum and said they thought they should be active participants in it because they own the dam, they have Federal Energy Regulatory Commission (FERC) responsibilities for re-licensing, they have responsibilities for restoration of the river, the financial equation did not work. The Forum wanted the City of Tacoma to participate and so asked the question, how much can you afford? That's what it came down to. Chair Dovey noted that a previous comment was that there were some issues with Seattle. Mr. Osterman said it seems like there is a Seattle City Council Member discussion going on about what the right split is; he thinks they will end up agreeing with the cost shares listed in the table for both WRIAs 8 and 9. He reiterated that it G:\LUTC\LUTC Agendas and Summaries 2006\08-21-06 LUTe Minutes FINAL-doc Land Use/Transportation Committee Page 5 June 19th, 2006 seems to be at Council level and not at the Mayor's level; he is supporting this ILA. Council Member Kochmar asked if it was possible to hold off signing until they know that the majority of the parties agree. If Federal Way agrees to sign and Seattle and King County do not, Federal Way will have the lion's share of the cost. Mr. Bucich said there is no driver saying it must be signed today; it must be signed (or not) by November so that the costs for 2007 can be allocated and figured out. From what he remembers, Federal Way was one of the last signatories in 2000 on the original ILA. Mr. Bucich said that every year in the budget process there will be an opportunity to bring forward to you, even outside of the budget process if a major jurisdiction decides to pull out and they are looking to Federal Way to pick up additional costs in the following year that will be a discussion before you, to see whether it continues to be a benefit to Federal Way. Council Member Kochmar said she thinks that is a good alternative; she thanked Mayor Park. She thinks the Council should move forward to the City Manager to sign it "not to exceed" the amount here specified and then not to sign it until the other 18 signatories have agreed to it and then, if in fact that changes, to come back to the Council for further discussion and then each year come back to the Council if there are any changes. Mr. Bucich said staff can do that. Chair Dovey asked Council Member McColgan ifhe moved this forward to Council would Council Member McColgan second that? Council Member McColgan said he would second it... Chair Dovey said there would be some discussion at Council. Council Member McColgan said he will vote against it here so it will probably move forward without a recommendation. Chair Dovey said that since Council Member McColgan is going to vote against it and it would go forward as a I-to-l it will move forward without a recommendation. Chair Dovey moved adoption, Council Member McColgan seconded, all in favor aye (Dovey) all opposed nay (McColgan). 5. FUTURE MEETINGS The next scheduled meeting will be September 11 th 2006. 6. ADJOURN The meeting adjourned at 6:40 p.m. G\LUTC\LUTC Agendas and Summaries 2006\08-21-06 LUTe Minutes FINALdoc COUNCIL MEETING DATE: September 19,2006 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Acceptance of Grant Funding for Transportation Improvement Projects POLICY QUESTION: Should City Council authorize staff to accept grant funding for transportation improvement projects? COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 11,2006 CATEGORY: [8J Consent D Ordinance Public Hearing D City Council Business D Other ~!,,\~~~~~g~!~X:MCl:~Cl:Tl~Cl:ll()~l~~~tE~~!~yst~~~MCl:f.1Cl:g~ Attachments: LUTC Memorandum; Grant Funding for Transp ation Improvement Projects. Options Considered: 1. Authorize staff to accept the following Federal grant funding: a. 2006 Countywide TEA21 (Federal) grant in the amount of $2,493,153 for the Pacific Highway S HOV Phase III Improvement Project b. 2006 Regional TEA21 (Federal) grant in the amount of $2,000,000 for the Pacific Highway S HOV Phase IV Improvement Project ?:I?()Tl<')!Cl~~~pt~ll}l:tfllTl~iTlgClTl~p~()yi~~~i.~~~!i.()Tl!<.)~tClr( . ..--....................._........ STAFF RECOMMENDATION: Authorize staff to accept the following Federal grant funding: a. 2006 Countywide TEA21 (Federal) grant in the amount of $2,493,153 for the Pacific Highway S HOV Phase III Improvement Project b. 2006 Regional TEA21 (Federal) grant in the amount of $2,000,000 for the Pacific Highway S HOV Phase IV Improvement Project CITY MANAGER ApPROVAL: ___ DIRECTOR ApPROVAL: e?1l1..... Co i Council Committee Council COMMITTEE RECOMMENDATION: Forward Option 1 to the September 19th, 2006 City Council Consent Agenda for approval. ~~j-i - k Dovey, Chair - nc Faison, Membe, olgan, Member R COUNCIL MOTION: "I move approval to authorize staff to accept the follOWing Federal grant funding: V6 Countywide TEA21 (Federalj grant in the amount of $2,493,153 for the Pacific Highway S HOV Phase III Improvement Project and 2006 Regional TEA21 (Federal) grant in the amount of $2,000,000 for the Pacific Highway S HOV Phase IV Improvement Project." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED I ST reading 0 TABLED/DEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 11 th, 2006 TO: Land Use and Transportation Committee VIA: Neal Beets, City Manager FROM: Marwan Salloum, P.E., Street Systems Manage SUBJECT: Grant Funding for Transportation Improvement Projects BACKGROUND: This memorandum provides the Council with the current status of the grant applications submitted in 2006, grant funding received to date, and required match. GRANT REQUIRED FUNDING MATCH Pacific Hwy S HOV Phase III (S284th Street to Dash Point Rd) ( Construction Phase) ~---~ . 2006 Countywide TEA21 (Federal) $2,493,153 $389,104** Pacific Hwy S HOV Phase IV (Dash Point Rd to S312th Street) (Design, Right of Way, and Construction) --~ . 2006 Regional TEA2l (Federal) $2,000,000 $312,138** ** The required match has been satisfied with a grant from TIB cc: Project File Day File COUNCIL MEETING DATE: September 19th, 2006 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: South 356th Street at SR 99 Intersection Improvements Project - 85% Design Status Report POLICY QUESTION: Should the Council authorize staff to proceed with design of the South 356th Street at SR 99 Intersection Improvements Project and return to the Council at the 100% design completion for further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 11, 2006 CATEGORY: [8J Consent 0 Ordinance Public Hearing 0 City Council Business 0 Resolution Other .~!~.~.~...~~.~<?~!...~.X:M::l~::l!l...~~II(?~~,...~!!~.~.t...~y~t.~!l1~mM~!l::lg~! Attachments: City of Federal Way Memorandum; South 356th Street at SR 99 Intersection Improvements Project - 85% Design Status Report. September 11, 2006. Considered: 1. Authorize staff to proceed with present design of the South 356th Street at SR 99 Intersection Improvements Project and return to LUTC Committee at the 100% design completion stage for further reports and authorization. 2. Do not authorize staff to proceed with finalizing the present design of this project and provide direction to staff. STAFF RECOMMENDATION: Authorize staff to proceed with present design of the South 356th Street at SR 99 Intersection Improvements Project and return to LUTC Committee at the 100% design completion stage for further reports and authorization. /~"., "., - CITY MANAGER ApPROY AL: DIRECTOR ApPROY AL: C ///( Council Committee --~ Council COMMITTEE RECOMMENDATION: Forward Option 1 to the ptember 19th, 2006 City Council Consent Agenda forapprov .~\ /t-- ~,'/I ric Faison, Member , Member OUNCIL OTION: "I move approval to authorize staff to proceed-with present design of the South 6t tre t at 99 Intersection Improvements Project and return to LUTC Committee at the 100% design completion age for further reports and authorization. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED I ST reading 0 TABLED/DEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances onM ORDINANCE # RESOLUTION # K:\COUNCIL\AGDBILLS\2006\09-19-06 S356th Street at SR 99 Intersection Improvements Project - 85% Design Status Report.doc CITY OF FEDERAL WAY MEMORANDUM DATE: September 11, 2006 TO: Land Use and Transportation Committee VIA: Neal Beets, City Manager FROM: Marwan Salloum, P.E., Street Systems Manager . SUBJECT: South 356th Street at SR 99 Intersection Improvements Project- 85% Design Status Report BACKGROUND: This project will realign the east leg of South 356th Street to line up with the west leg. South 356th Street will be widened to 2 thru-lanes and a left-turn lane westbound and 2 left-turn lanes, a thru-lane and a right-turn lane eastbound. Pacific Highway South (SR 99) will be widened to: 2 thru lanes, a right turn lane, and a left-turn lane southbound and 2 thru-lanes and 2 left-turn lanes northbound. The traffic signal bridge structure will be replaced to accommodate the added lanes. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 85% complete, which includes the following completed tasks: . The Topographical Surveys . The Geotechnical Investigation . SEP A Submittals . Channelization Plans . Value Engineering Study . Project Design to 85% Ongoing Tasks Include: . SEP A Approval and Project Permitting . Right of Way Requirements (Property Appraisals, Review Appraisals Negotiation and Acquisition) . Project Design to 100% PROJECT ESTIMATED EXPENDITURES: Planning and Design $1,100,700 ROW Acquisition 2,406,500 Construction cost 2007 (estimate) 2,749,000 10% Construction Contingency 274,900 Construction Management 344,000 TOT AL PROJECT COSTS $6,875,100 September 11, 2006 Land Use and Transportation Committee South 356th Street at SR99 Intersection Improvements Project - 85% Design Status Report Page 2 A V AILABLE FUNDING: Tm Grant Fund $378,200 Budgeted City Match (03) $1,120,000 Interest $105,400 Mitigation $1,064,569 TOT AL A V AILABLE BUDGET $2,668,169 Given the project currently has a funding shortfall of $4,206,931, staff antiCIpates applying to the Transportation Improvement Board (TIE) for grant funding to constmct the project. The TIB grant application would be submitted assuming a 60/40 split of the eligible project cost or $3,557,000 TIB grant With $2,819,510 of City/mitigation funds currently available, the City would need to provide an additional $650,000 to satisfy the City match amount, assuming a successful grant application. cc: Project File Day File COUNCIL MEETING DATE: September 19,2006 ITEM #: - CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2006 Asphalt Overlay Project - Final Acceptance POLICY QUESTION: Should the Council accept the 2006 Asphalt Overlay Project constructed by Woodworth and Company as complete? COMMITTEE: Land Use/Transportation MEETING DATE: September 11, 2006 CATEGORY: [8J Consent 0 Ordinance 0 Public Hearing 0 City Council Business 0 Resolution 0 Other ~!~]?]?~1':~2~!:tJ.X:ryr(.l.t:Y(.lIl?(.l11(?1ll!l'.P:.E::,?tr~~!?yst~l!l~ryr(.lIl(.lge EPT: Public Works Attachments: LUTC memo dated September 11th, 2006 Options Considered: 1. Authorize final acceptance of the 2006 Asphalt Overlay Project constructed by Woodworth and Company, in the amount of$I,447,566.90 as complete. 2. Do not authorize final acceptance of the completed 2006 Asphalt Overlay Project constructed by Woodworth and Company as complete and provide direction to staff. .....-........................................................................................................................................................-......... ................. ................ ........ ...... ................................-...................................-... ................................ ....... ............. .....--. .......... .. ." ..........................-....... STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: p/'U{ Council Committee Council 1 COMMITTEE RECOMMENDATION: Place Option 1 on the September 19,2006 Council Consent Agenda for approval. ---- (rU -- h/ Eric Faison, Member COUNCIL OTION: "1 move approval of final acceptance of the 2006 Asphalt Overlay Project b Wi aworth and Company, in the amount of$1,447,566.90 as complete. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1 ST reading 0 TABLED/DEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 11 th, 2006 TO: Land Use and Transportation Committee VIA: Neal Beets, City Manager FROM: Marwan Salloum, P.E., Street Systems Manage SUBJECT: 2006 Asphalt Overlay Project - Project Acceptance BACKGROUND: Prior to release ofretainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The above-referenced contract with Woodworth and Company is complete. The final construction contract amount is $1,447,566.90. This is $26,375.00 below the $1,473,941.90 (including contingency) budget that was approved by the City Council on March 21, 2006. Due to fact that the 2006 Street Overlay authorized funding (including contingency) was not expended and the City Council authorized Staff to add Schedule E (8th Ave South) back in to the contract if the project funding allows, Schedule E in total was added and completed as part of this contract. Staff will be present at the August 21 st Land Use & Transportation meeting to answer any questions the Committee might have. cc: Project File Central File K:\LUTC\2006\09-11-06 2006 Asphalt Overlay project - Final Acceptance.doc COUNCIL MEETING DATE: September 19,2006 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Grande Vista (AKA Cottages at Hoyt Road) Final Plat, File No. OS-106327-00-SU POLICY QUESTION: Should the City approve the Final Plat of Grande Vista? COMMITTEE: LUTC MEETING DATE: September 19, 2006 CATEGORY: ~ Consent D Ordinance D Public Hearing D City Council Business ~ Resolution 0 Other STAFF REPORT By: Janet Shull, AICP, Contract Planner DEPT: Community The applicant requests approval of the Grande Vista Final Plat, a 35-10t single family residential subdivision, as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions," subject to City Council approval. Refer to 9/15/06 Staff Report for analysis of final plat & decisional critieria. Attachments: Grande Vista Final Plat Staff Report, dated September 5,2006, with exhibits including Reduced Scale Final Plat Map; Vicinity Map; City Council Resolution #01-349 approving the Cottages at Hoyt Road Preliminary Plat; City Council Resolutions #04-416 and #05-458 modifying the Cottages at Hoyt Road Preliminary Plat; and proposed City Council Resolution approving the Grande Vista (AKA Cottages at Hoyt Road) Final Plat. Considered: STAFF RECOMMENDATION: Staff recommends Council approve the Grande Vista Final Plat. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: ef{ to Council to Conmlittee To Council ard the "Final Plat to full Council on septe~ [map' , <-~" ",.// ~ " . , ~ ?-T '1' Committee Member ommitte ember "I move approval of the Grande Vista Final Plat. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1 ST reading 0 TABLEDIDEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # ~ CITY OF.... _ ~ Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES STAFF REPORT Request for Final Plat Approval GRANDE VISTA (AKA COTTAGES AT HOYT ROAD) FINAL PLAT Federal Way File No. 05-106327-00-SU I RECOMMENDA nON City of Federal Way staff has reviewed the final plat of Grande Vista for compliance with preliminary plat conditions and all applicable codes and policies, and recommends approval of the final plat application. II INTRODUCTION Date: September 5, 2006 Request: Request for final plat approval for the Grande Vista subdivision. Description: Grande Vista is a proposed 35-10t subdivision including 35 single-family lots on approximately 16.7 acres. The Preliminary Plat ("Cottages at Hoyt Road") was granted approval by the Federal Way City Council on October 16,2001, per City Council Resolution 01-349. The preliminary plat was subsequently modified by the Federal Way City Council on July 6, 2004, per City Council Resolution 04-416; and on October 4, 2005, per City Council Resolution 05-458. Access to Grande Vista is from Hoyt Road Southwest via a new roadway, 42nd Avenue Southwest. All required roads, sidewalks, storm drainage facilities, sewer lines, water lines, and related improvements for the project have been constructed or financially guaranteed. Owner: Trinity Land Development, L.L.c. 310 29th Street NE Puyallup, W A 983 n Engineer: Barghausen Consulting Engineers Inc. 18215 nnd A venue South Kent, W A 98032 425-251-6222 Location: The subject property is located in the City of Federal Way, on the east side of Hoyt Road SW, in the 33300 block. (Exhibit A - Vicinity Map.) Sewage Disposal: Lakehaven Utility District Water Supply: Tacoma Public Utilities/Tacoma Water Fire District: South King Fire and Rescue School District: Federal Way School District Report Prepared By: Janet Shull, AICP, Contract Planner III HISTORY AND BACKGROUND Grande Vista is a proposed subdivision of35 single-family lots on approximately 16.7 acres, with designated Storm Drainage Tract (Tract "A"), Private Utilities Tract (Tract "B"), Native Growth Protection Area Tract (Tract "C"), Landscape Tracts (Tract "D" and Tract "F"), Entry Monument Tract (Tract "E"), and Open Space Tracts (Tract "G" and Tract "H"), (Exhibit B - Final Plat Map.) A 35-10t Cottages at Hoyt Road Preliminary Plat was granted approval by the Federal Way City Council on October 16, 200 I, per Resolution 01-349 (Exhibit D- Resolution 01-349.) Two subsequent modifications to the Preliminary Plat were granted approval by the Federal Way City Council. The first modification to the Preliminary Plat was granted approval by the Federal Way City Council on July 6, 2004, per City Council Resolution 04-416 (Exhibit E - Resolution 04-416.) This modification was requested by the applicant prior to construction, to revise the Preliminary Plat to reduce the number oflots from 40 to 35, revise grading limits, revise the open space configuration, reconfigure the road and lot layout, and revise the location of the stormwater facility. The second modification to the Preliminary Plat was granted on October 4, 2005, per City Council Resolution 05-458. (Exhibit C - Preliminary Plat Map and Exhibit F - Resolution 05-458.) This modification was requested by the applicant while the property was under construction to address discrepancies found in topographical survey information and actual site conditions. In addition, the modification requested the removal of additional hazard trees. The preliminary plat modification resulted in: modification of slope and retaining wall configuration along the northwest portion of the approved preliminary plat; slight re-alignment of the northern roadway; removal of potential hazard trees in the native growth protection easements and replanting of trees where trees and vegetation had been removed. A proposed resolution of the City of Federal Way, Washington, to approve the final plat of Grande Vista is attached (Exhibit G - Grande Vista Final Plat Resolution.) Zoning for the 16.33-acre site is Single Family, RS 7.2. The Grande Vista plat is a standard subdivision under the codes, and the minimum permitted lot size is 7,200 square feet. The lot sizes on the Grande Vista Staff Report Federal Way File No. 05-] 06327-00-SU/Doc I D 37882 Grande Vista (AKA Cottages at Hoyt Road) Final Plat Page 2 final plat range from 7,200 square feet to 14,355 square feet, with the average size being approximately 8,258 square feet. The applicant applied for Engineering Approval on November 16, 2004. Engineering approval was granted on June 30, 2005, and site work commenced shortly thereafter. Clearing and grading activities ran through the summer of2005. On September 10,2005, the applicant submitted a formal request for a plat modification to address discrepancies that were discovered between actual site conditions and the topographic survey. During review of the modification request, it was discovered that some grading activities extended beyond the approved grading limits and into areas to be designated as a Native Growth Protection Easement (NGPE). Hazard trees were also identified by the applicant's arborist. The resultant plat modification addressed the areas encroached upon during grading, the topographic discrepancies, and associated modifications to landscaping plans. Site work resumed after approval of the plat modification with on- and off-site infrastructure construction extending into the summer of 2006. The developer applied for final plat approval on December 12,2005, while the site was still under construction. Improvements are now substantially complete. Pursuant to RCW 58.17.110 and Section 20-136 of the Federal Way City Code (FWCC), the City Council is charged with determining whether: 1) the proposed final plat conforms to all terms of the preliminary plat approval and subsequent approved modifications; 2) the subdivision meets the requirements of all applicable state laws and local ordinances which were in effect at the time of preliminary plat approval; 3) all taxes and assessments owing on the property have been paid; and 4) all required improvements have been made or sufficient security has been accepted by the City. City of Federal Way staff has reviewed the Grande Vista final plat for compliance with preliminary plat conditions and all applicable codes and policies. All applicable codes, policies, and plat conditions have been met or financially secured as allowed by FWCC Section 20-135. IV COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS The following lists conditions of modified preliminary plat approval (Resolution 05-458) and preliminary plat approval (01-349). Required improvements have been completed or financially secured as allowed by FWCC Section 20-135. Conditions of Approval for Preliminary Plat Modification (Resolution 05-458) 1. A landscape plan shall be prepared by a landscape architect in consultation with a certified arborist for approval by the Department of Community Development Services. All landscaping shall be installed prior to final plat approval. The intent of the landscaping is to mitigate for loss of vegetation during the site development. The landscape plan shall be designed to replant the NGPEs and impacted construction areas with appropriate sizes and types of native trees, shrubs, and groundcover in all areas, to provide an extension of the existing remaining forest community on the site. The landscape plan shall address each of the following: a. All areas ofNGPEs impacted by hazard tree removal. b. All areas ofNGPEs impacted by unauthorized clearing. Staff Report Federal Way File No. 05-1 06327-00-SU/ooc t.D. 37882 Grande Vista (AKA Cottages at Hoyt Road) Final Plat Page 3 c. The expanded easterly NGPE area, generally located between the approved eastern NGPE boundary and the easternmost retaining wall, on all ofthe lots along the east side ofthe plat. d. All areas outside NGPEs and outside lot areas that have been cleared as a result of plat construction. e. Existing mature vegetation shall be retained in the NGPEs to the maximum extent possible. f. Appropriate irrigation systems shall be provided for the planted areas. Staff Response: This condition has been met. The applicant submitted a landscape plan that was reviewed by City staff and the City's arborist. The final landscape plan was approved on March 21, 2006. All on-site and offsite landscaping has been installed, inspected, and approved. 2. The retaining wall design shall be approved by the Director of Community Development Services, shall include wall design with a maximum height of 10 feet above grade, and shall promote residential design themes through such means as terracing, orientation, color, material selection, anti- grafitti treatment, vegetation screening, pattern, and textural treatment. Staff Response: This condition has been met. The applicant's retaining wall design was reviewed and approved on March 21,2006. The retaining walls have been installed, inspected, and approved by City Public Works and Community Development Services Departments. Conditions of Approval for Preliminary Plat Modification (Resolution 04-416) There were no additional conditions established for approval of this plat modification. Conditions of Approval for Preliminary Plat Approval (Resolution 01-349) 1. Stormwater conveyance, water quality, and detention facilities used to control stormwater runoff from the site shall be located in a stormwater tract dedicated to the City at the time of final plat approval, unless located within improved public rights-of-way. Staff Response: This condition has been met by identification and description of the storm drainage tract on the plat map along with appropriate text note (See Note 5 on Sheet 3 of 6). 2. All streets shall have a minimum pavement section of three inches class B asphalt over seven inches of crushed surfacing to support the traffic loads. Staff Response: This condition has been met by installation of all required improvements in accordance with City-approved engineering plans, as inspected and approved by the Public Works Department. 3. Tract E, labeled as a Native Growth Protection Easement, shall be re-labeled as a Native Growth Protection Area Tract. Provisions related to the preservation and enhancement of native vegetation in this tract shall be included in the homeowner's association documents and submitted to the City for review and approval prior to final plat approval. Staff Response: This condition has been met. Tract "E" appears as Tract "C" on the final plat map. Provisions for preservation and enhancement of native vegetation can be found in Note 7 on Sheet 3 of6 of the plat as well as in the CCRs (See Note 2, page 60f62). Staff Report Federal Way File No. 05- J06327-00-SU/Doc I.D. 37882 Grande Vista (AKA Cottages at Hoyt Road) Final Plat Page 4 4. Consistent with the management recommendations of the Washington State Department ofFish and Wildlife (WDFW), during preliminary plat construction, snag creation techniques shall be used to provide and enhance habitat opportunity for Pileated woodpeckers within buffer Tract "E" and appropriate portions of Lot 35. Within these areas, large logs and stumps shall be left on the ground. Dead and dying trees that are not hazardous to surrounding properties shall be left in place, and healthy replacement trees of sufficient size to replace existing snags when they fall must be left in place. Prior to issuance of construction permits for the preliminary plat improvements, the applicant must submit a management plan consistent with the WDFW recommendations indicating the proposed measures to provide and enhance habitat opportunities for Pileated woodpeckers within buffer Tract "E" and appropriate portions of Lot 35, to the City's Community Development Services Department for review and approval. Staff Response: This condition has been met. The applicant submitted a Habitat Management Plan consistent with WDFW recommendations which was reviewed and approved by the City and the City's arborist. The final landscape plan (see staff comment under Condition 1 of conditions of modification for Modification per Resolution 05-458 above) also addresses WDFW requirements. (Note: Tract "E" is labeled Tract "C" on the final plat map.) 5. Clearing for the construction of the plat improvements, including roads, stormwater improvement, and utilities, shall be generally consistent with the clearing limits depicted on the April 27, 2001, Site Grading Plan that was prepared by Touma Engineers as part of the preliminary plat application materials. The clearing limits referenced above are the approximate clearing limits necessary for road, stormwater improvements, and utility grading, and may be modified with the approval of the Community Development Services and Public Works Departments during final engineering review as required to reflect changes in road, stormwater improvements, and utility designs, if any. The remaining clearing beyond these limits necessary for development of the residential lots shall not be performed until such time as approved permits are issued for development of the residential lots. Staff Response: This condition has been met. The clearing limits established by the preliminary plat were modified by two subsequent plat modifications as discussed above. At the time of the request for the 2nd plat modification, it was determined that site clearing had exceeded the approved clearing limits. A condition of approval of the 2nd plat modification was to replant areas within the NGPE impacted during grading (See Condition 1 of Resolution 05-458 above). The disturbed areas have been re-planted as required, inspected, and approved by the City. 6. Clearing and grading activities shall be restricted during the wet season, October 1 sl to April 30th. No clearing and/or grading activities shall occur during this period unless previously approved in writing by the Public Works Director. Staff Response: This condition has been met. Clearing and grading activities were completed in accordance with City -approved engineering plans and seasonal construction limits as required. V SEP A CONDITIONS 1. The applicant shall either construct the identified impacted Transportation Improvement Plan (TIP) projects, as required by the Public Works Department, prior to final plat approval; or, Staff Report Federal Way File No. 05-] 06327-00-SU/Doc I.D. 37882 Grande Vista (AKA Cottages at Hoyt Road) Final Plat Page 5 The applicant may contribute $10,800, which is the project's pro-rata share of the construction cost for the following impacted TIP projects, as required by the Public Works Department, prior to the issuance of construction permits: TIP Project Description Project Impact Total PM Peak Pro-Rata TIP Project Mitigative Hour Volume Share Cost Fee S 320'h St at 1'1 Ave S to SR99: 14 Trips 4,611 trips 0.30% $1,739,000 $5,200 Add left turn lanes S 320lh St: 81h Ave S - SR 99: Add 11 Trips 12,278 trips 0.09% $6,191,000 $5,600 HOV lanes TOTAL $10,800 Staff Response: This condition has been met. The applicant paid the City of Federal Way $10,800.00 in traffic mitigation fees on September 1,2006. 2. Prior to final plat approval, subject to review and approval by the Public Works Director, the applicant shall provide school-related pedestrian safety improvements at SW 329th Street and Hoyt Road SW; specifically, advance warning signage, advance warning flashing beacon, and approximately 75 feet of extruded curb behind the eastern edge line on Hoyt Road to separate the walkway from vehicular traffic, or pay an amount not to exceed $20,000 in lieu of the above improvements. Staff Response: This condition has been met. The above-stated improvements were installed by the City prior to the final plat application. Therefore, the Public Works Director has waived the above fee requirement for this project. 3. Prior to preliminary plat approval, the applicant shall submit a landscape plan, based on the following requirements, for review and approval by the Director of the Department of Community Development Services with concurrence by the Public Works Director. The applicant must incorporate p1antings into the design of the stormwater detention pond and surrounding retaining walls, and the proposed retaining walls to be located adjacent to the Hoyt Road right-of-way. These plantings should be dense, bulky, and of large caliper to provide screening upon installation. Plant materials chosen should be a mixture of trees and shrubs, with a mixture of evergreen and deciduous species to provide seasonal color and year-round greenery. Plantings must also be incorporated into the perimeter of the detention pond and other disturbed areas of Tract A to provide additional screening. Irrigation should be incorporated into the landscape plan to ensure plant survival and used until the plants become established. Plantings shall be installed as part ofthe preliminary plat improvements. Staff Response: This condition has been met by installation of all required landscaping in accordance with City-approved landscaping plans, as inspected and approved by the Community Development Services Department. VI DECISIONAL CRITERIA Pursuant to Section 20-136 of the Federal Way City Code, if the City Council finds that the following criteria have been met, the City Council may approve the final plat for recording: Staff Report Federal Way File No. 05-106327-00-SU/Doc lD. 37882 Grande Vista (AKA Cottages at Hoyt Road) Final Plat Page 6 1. The final plat is in substantial conformance to the preliminary plat. Staff Response: This criterion has been met, as the conditions of preliminary plat and SEP A mitigation have been met or financially guaranteed, and the final plat is in substantial conformance to the preliminary plat. 2. The final plat is in conformity with applicable zoning ordinances or other land use controls. Staff Response: This criterion has been met and/or financially guaranteed. The plat meets the RS 7.2 zoning standards in effect at the time the application was determined to be complete. The lot sizes are not less than the underlying minimum lot size of 7,200 square feet. As provided in FWCC Section 20-135, performance and maintenance bonds are in place for the entire plat and off-site improvements. In addition, a peiformance bond is in place for any incomplete items as described in Sections IVand V above. 3. That all conditions of the Hearing Examiner and/or City Council have been satisfied. Staff Response: This criterion has been met as noted in the staff comments above. All plat conditions have been met and/or financially guaranteed to be completed within six months of final plat approval. All life safety improvements have been completed. 4. That the public use and interest shall be served by the establishment of the subdivision and dedication by determining if appropriate provisions are made for, but not limited to, the public health, safety, general welfare, open space, drainage ways, streets and roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school. Staff Response: This criterion has been met. The final plat is consistent with applicable zoning and subdivision regulations, and ensures the public health, safety, and welfare is protected. The plat infrastructure has been installed and/or adequately financially guaranteed as discussed above, including: safe walking routes to school bus stops; open space preservation; drainage system installation; water system installation; sewer system installation; and street improvements. Pursuant to FWCC Section 22-155, the applicant paid the City $54,200.00 on September 1,2006, in lieu of providing required usable open space on site. In addition, the final plat establishes a native growth protection tract for permanent preservation of on-site open space. 5. That all required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted. Staff Response: This criterion has been met. All road and storm drainage improvements for Grande Vista have been constructed and/or financially guaranteed. In addition, sewer lines have been installed and approved by Lakehaven Utility District as identified in the letter of substantial completion from Lakehaven Utility District. Water lines have been installed and approved by Tacoma Water District as identified in the letter of substantial completion from Tacoma Water District. 6. That all taxes and assessments owing on the property being subdivided have been paid. Staff Response: Prior to being recorded, the plat is reviewed by the King County Department of Assessments to ensure that all taxes and assessments have been paid. Staff Report Federal Way File No. 05-106327-00-SU/Doc. I.D. 37882 Grande Vista (AKA Cottages at Hoyt Road) Final Plat Page 7 VII CONCLUSION Based on site visits, review of the final plat maps, construction drawings, and the project file, staff has determined that the application for final plat approval for Grande Vista meets all platting requirements of RCW 58.17.110 and Section 20-136 of the Federal Way City Code. Plat infrastructure improvements have been substantially completed and/or financially secured to guarantee that all plat conditions and code requirements will be completed within six months of final plat approval as allowed by FWCC Section 20- 135. The project has been developed in conformance with Resolution 01-349, Resolution 04-416, and Resolution 05-458 approving the Grande Vista Preliminary Plat. A recommendation of final plat approval is therefore being forwarded to the City Council for your approval. VIII EXHIBITS Exhibit A Vicinity Map for Grande Vista Exhibit B 8 1/2 x 11 Reduced Copy of Grande Vista Final Plat Map (This exhibit is not included in all copies of staff report.) Exhibit C 8 1/2 x 11 Reduced Copy of Approved Cottages at Hoyt Road Preliminary Plat (This exhibit is not included in all copies of staff report.) Exhibit D Resolution 01-349, City of Federal Way Preliminary Plat Approval of Cottages at Hoyt Road (with Hearing Examiner Preliminary Plat Approval Recommendation) (This exhibit is not included in all copies of staff report.) Exhibit E Resolution 04-416, City of Federal Way Preliminary Plat Modification for Cottages at Hoyt Road (with Staff Memorandum dated June 15,2004) (This exhibit is not included in all copies of staff report.) Exhibit F Resolution 05-458, City of Federal Way Preliminary Plat Modification for Cottages at Hoyt Road (with Staff Memorandum dated September 27,2005) (This exhibit is not included in all copies of staff report.) Exhibit G Final Plat Resolution ofthe City of Federal Way, Washington, Approving the Grande Vista Final Plat Exhibit H 8 1/2 x 11 Reduced Copy of Approved Landscape Plan (This exhibit is not included in all copies of staff report.) Staff Report Federal Way File No. 05-] 06327-00-SU/Doc.lD. 37882 Grande Vista (AKA Cottages at Hoyt Road) Final Plat Page 8 1 <0 W MS AV 1S . ."'{ u.. (- I; /\\ \ \ ,..---r----..j 1 "", ..--j I: ( / I . . ' : I ~." l: ..:. .-L)./. '=/--.. .<f ;S~/,.(: <; (" AD I /.! ...., ,.~. """ "'j; . . <:'..-j I .,_....." , 4 \ --r--r-....:...-~.~ i ; _..~ L..__4o_,,..- I w ; ---- I I -....._..M.._ I- , VI i :t: \ "-----1; .._i - i .... .... ; i AD ~--L -} , /(I~~r 0 / /'~ . , i j .~~~, { >< \~iJ; ~ (- '\ ~Iz:,} \-- C' "'. t;;"r"-r--~, ! ~ ~.:z \ ' , ~ , ~ 0- I '----' \ o .--. , N~, '~ ~ M i " , , __ ' y- , . .. ; '.-1::::::::==---- . 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PGS. 7-8 ~ I I ~ I I ~ I I " I ~ I I : -J '1 I 0 1,_ 191285' 1312n' _ I ~ S89"6'29'E262554----------- 7 0 0 N SOUTHEAST CORNER stcnON 14 ~ FOUND IilON IN CASE ./lfAO & TACK E (APRl 2005) ;= IUI'"nI"'{"Ulf\f'\I"\ W,.....T nil' ,., } "c..UULHVVU ".:..), IJtL ~ ';CL ~C7. PGS. ~5- ~7 6 . EXHIBIT 0 ~~-'-- 6 !PRIOR TO R.ECORDlNG ",,'I ("\ ..~. JOB NO. 11432 CITY FILE NO. 05-106327 oo-su RECORDING CERTIFICATE: LAND SURVEYOR'S CERTIFICATE: Barghausen AUG - 82001 Recording No. I hereby certify that this plot of GRANDE VISTA is bosed upon Consulting Engineers. nc. Filed for record at the request of the City of Federal Way this on actual survey and subdivision of Section 14. Township ~ :;- _ day of , 200_, at __ minutes 21 North, Range 3 East, W.M., thot the courses and distances Civil Engineering. land Plonnir!9. Surveying, Environmental Services post_ _, m. and recorded in Volume _of Plots at ore shown correctly thereon; that the monuments will be set 182t5 72nd Avenu. South K.nt, WA. 98032 ~ 8 and the lot and block corners will be staked correctly on the Telephone: (425) 251-6222 Fa" (425) 251-B7B2 ,0 pages _ through _ . records of King County, Woshi"9ton. ground os construction is completed cnd thot I hove fully complied ! ~ DIVISION OF RECORDS AND ELECTIONS with the provisions of the plotting regulations. G- SW1/4 OF SE1/4 SEC. 14 T21N-R3E W.M. <i. \{ .!! L: Manager Superintendent of Records William R. Workman. PLS No. 41298 ()Qt. SHEET 1 OF 6 Nj,iir:1~~!~i~._~"~.."..",..",...L. . " ; ,,~. .."'" .~" ~ '. ,,' '".' -..,; "" ,.' .'. ",~ .,..~ ", '!l!!!ii!:!I. . . .. ":::H!iliJi"Wllii; ."..,' I'" "\"...'~"~,,.. '~,,:..;.;..~;.~\i.,........" .i)" l"i: j., .", Jt7'&1"", ~3CltJ.llJI'l)IOWIk"ON\lJ,4.Wns '~ NV1d NOI.L'\IOI:JIOOf'/ -., .....-.. 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'1> RESOLUTION NO. 01-349 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE COTIAGESAT HOYT ROAD PRELIMINARY PLAT, FEDERAL WAY FILE NO. 98-104394-00SU. WHEREAS, the applicantRick Williams, through his agent Michael Davis, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as the Cottages at Hoyt Road and consisting of approximately 16.4 acres into forty (40) single family residential lots located in the 33300 Block of Hoyt Road SW, on the east side of the street; and WHEREAS, on May26, 200 I, an Mitigated EnvironmentalDeterminationofNonsignificance (MDNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEP A), RCW 43.21 C; and WHEREAS, no comments which raised issues which required a change in the MONS were submitted to the Department of Community Development Services; and WHEREAS, no appeals of the MDNS w~re submitted to the Department of Community Development Services; and WHEREAS, the Federal Way Land Use Hearing Examiner on August 28,200 I, held a public hearing concerning the Cottages at Hoyt Road preliminary plat; and WHEREAS, following the conclusion of said hearing, on August 28, 2001, the Federal Way Land Use Hearing Examiner issued a written Report and Recommendationcontainingfindings,conclusions, and recommending approval of the Cottages at Hoyt Road preliminary plat subject to conditions set forth therein; and WHEREAS, on October I, 2001 the City Council Land Use and Transportation Committee considered the record and the Hearing Examiner recommendation and voted to forward a recommendation Resolution No.n I - 14 q . Page # I EXHIBIT _~__,. ORIGINAL for approval of the proposed Cottages at Hoyt Road preliminary plat to the full City Council, with no changes to the Hearing Examiner recommendation; and WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-127 of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and WHEREAS, on 6J (! T. ~ 200 I, the City Council considered the written record and the Report and Recommendation of the Hearing Examiner on the Cottages at Hoyt Road preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City Codes; Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE As FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusions. 1. The findings of fact and conclusions of the Land Use Hearing Examiner's Recommendation, attached hereto as Exhibit A and incorporated by th is reference, are hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. 2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are required by City Code and state law, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from schooL ,3. TIle public use and interest will be served by the preliminary plat approval granted Resolution No.O 1- 349 . Page #2 herein. Section 2. Application Approval. Based upon the recommendationofthe Federal Way Land Use Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, the Cottages at Hoyt Road preliminary plat, Federal Way File No. 98-104394-00SU, is hereby approved, subject to conditions as contained in the Recommendation of the Federal Way Land Use Hearing Examiner dated September 6, 2001 (Exhibit A). Section 3. Conditions of ApprovalIntegral The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat I approval granted in this resolution shall be deemed void and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or , phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date Resolution No. 01-349 ,Page #3 of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIs 16tBAYOF October ,2001. CITY OF FEDERAL WAY ~~~ , 2lQL6~M~ i APPROVED As To FORM: fdff6- L ~ CITY ArrORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: 10/09/01 PASSED BY THE CITY COUNCIL: 10/ 16/01 RESOLUTION No. 01-349 Resolution No. 0 1- 349 , Page #4 Page - 1 CCity Clerks Office CITY OF FEDERAL WAY fty of Federal Way '--k OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: ) ) FWHE# 01-06 COTTAGES AT HOYT ROAD ) ) 98-104394-00-SU ) 98-104393-00-SE ) I. SUMMARY OF APPLICATION The applicant is requesting preliminary plat approval of a 16.9 acre parcel into a 40 lot single family residential subdivision. II. PROCEDURAL INFORMATION Hearing Date: August 28, 2001 Decision Date: September 6,2001 At the hearing the following presented testimony and evidence: 1. David Graves, Contractual Planner for City of Federal Way 2. Mike Davis, representing applicant, 27013 Pacific Highway South #353, Des Moines, WA 98198 3. Dan Catron 32230 45th S1. SW, Federal Way, WA 98023 4. Pamela Kramer 33175 42nd Place SW, Federal Way, WA 98023 5. Robert Stiers, 33225 43rd Ave. SW, Federal Way, WA 98023 6. Pat Curran, 33180 42nd PI. SW, Federal Way, WA 98023 At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. Staff Report with all attachments Cjbft;;:i , ( Page - 2 2. Letter from Steven Jones dated August 28, 2001 3. Letter from Craig Ramsey dated August 22,2001 4. Letter from Ted Kramer dated August 28,2001 5. Power Point presentation 6. Letter from Dan Catron 7. Letter from Dan and Pat Curran III. FINDINGS 1. The Hearing Examiner has heard testimony, viewed the site and area, admitted documentary evidence into the record, and taken this matter under advisement. 2. The Community Development Staff Report sets forth general findings, applicable policies and provisions in this matter and is hereby marked as Exhibit "1" and incorporated in its entirety by this reference. 3. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (FWCC). 4. The applicant has a possessory ownership interest in an irregularly shaped, 16.4 acre parcel of property abutting the east side of Hoyt Road north of its intersection with SW 340111 St. within the City of Federal Way. The parcel, covered with second growth Douglas fir trees, siopes down hill from east to west and from south to north. The applicant requests preliminary plat approval to allow subdivision of the site into 40 single family residential lots with a minimum lot size of 7,200 square feet. 5. The preliminary plat map shows a looped internal plat road with two accesses onto Hoyt Road and cul-de-sacs 9xtending to the north and south from the loop road. The map also shows a storm drainage detention pond in the northwest corner adjacent to Hoyt Road, a 15 foot wide buffer along the north property line adjacent to the High Point Park Division 3 subdivision, a 50 foot wide buffer along the east property line adjacent to the High Point Park Division 1 subdivision, and a 15 foot wide buffer along the south property line adjacent to the Wedgewood Division 3 Page - 3 subdivision. 6. Single family residential homes in the High Point Park Division 3 subdivision to the north, the High Point Park Division 1 subdivision to the east, and in the Wedgewood Division 3 subdivision to the south abut the north, east, and south property lines. Hoyt Road abuts the west property line, and properties to the west of Hoyt Road are improved with single family residential homes. 7. The parcel is located within the Single Family Residential (RS) zone classification of the Federal Way City Code (FWCC). Section 22-631 FWCC authorizes detached dwelling units as outright permitted uses in the RS-7.2 zone classification with a minimum lot size of 7,200 square feet. Said section also requires structural setbacks of 20 feet from the front yard (street) and five feet from the side and rear yards. Structures may extend a maximum of 30 feet above average grade. Abutting parcels to the north and east are also located within the RS-7.2 zone classification, while parcels to the south are within the RS-9.6 classification which authorizes single family homes on minimum 9,600 square foot lots. Parcels to the west across Hoyt Road are within the RS-7.2, 9.6, and 15.0 classifications. Since the minimum .Iot size will equal 7,200 square feet, the project complies with the RS-7.2 classification. The project will be compatible with surrounding development which has occurred in accordance with City zoning. 8. A visit to the site establishes that the parcel appears to be one of the last remaining undeveloped parcels in the area. Many new subdivisions and other development has occurred in the area in the recent past to include the subdivision to the east and north. A single family subdivision constructed in accordance with conditions of approval and City ordinances should fit in well with the existing neighborhood. 9. Concerns were raised regarding the ability of the applicant t,o control storm water runoff from the site and the fact that the storm drainage pond will accommodate only a ten year storm event. The applicant must design its storm drainage improvements in accordance with the 1990 King County Surface Water Design Manual and the City of Federal Way Addendum to the manual. The applicant will install storm water collection and conveyance systems for all paved areas and will collect and route water to the on-site detention facility. Touma Engineers prepared a storm drainage report for the preliminary plat (Exhibit "E" to the staff report) which shows that a majority of lot 35 consisting of 3.73 acres will bypass the on-site drainage facilities. Furthermore, because a project called North Shore Division 2 has diverted 100 acres away from the drainage basin within which the plat is located, the City properly determined that a design to accommodate the two and 10 year, seven day Page - 4 storm peaks were appropriate for the pond. The applicant also increased the detention volume by 30% over the ten year event. The City Public Works Department must approve the applicant's storm drainage plan. 10. Concerns were raised regarding the potential for erosion since the geotechnical engineering study performed by Terra Associations, Inc., identified the soils on site as having a moderate to very severe potential for erosion. Concerns were also raised regarding the amount of grading necessary to prepare the site for constructing single family homes. The geotechnical engineering study notes that the applicant revised the grading plan as requested by the City to limit grading to that needed for roadways. The graded areas are generally limited to 2:1 slopes which reduces the disturbance of vegetation on the site. The geotechnical report concluded that the revised grading plans prepared by Touma Engineers are in general conformance with the geotechnical recommendations and the City's request. The geotechnical engineer recommended that grading on lots and roadways be performed concurrently so that the completed lots are at a potential final grade for individual builders, and to reduce potential problems created by grading on individual lots. However, the applicant agreed to honor the City's request and grade only the roads initially and then each lot individually. Such will preserve on-site vegetation and will limit mass grading to the western portion of the site near Hoyt Road. 11. While testimony at the hearing referred to slopes as much as 75% on the site, the City and the applicant's engineers agree that a majority of on-site slopes range from 15% to 25%. However, limited areas in the eastern portion of the site and larger areas adjacent to the east/west ravine in the north portion of the site have slopes of 40% or greater. Only those slopes associated with the ravine are classified as "steep slope hazard" areas. The applicant must submit a temporary erosion and sedimentation control (TESC) plan for approval by the Directo~ of Public Works prior to any soil disturbing activities. Implementation of the TESC plan along with best management practices will prevent and/or minimize impacts from erosion during the construction phase of the project. Post construction erosion will be minimized by implementation of the storm water drainage plan and stabilization of disturbed areas. 12. As previously found, the site is heavily vegetated with Douglas fir, other evergreen and deciduous species, and a thick understory. As previously found, the applicant will retain all natural vegetation on the site except that which will be rem.oved for grading and home construction. The applicant conducted a tree survey in accordance with Section 22-1568 FWCC, the significant tree provisions. The tree Page - 5 survey identified 590 trees larger than 12 inches in diameter located outside of the grading and clearing limits. Sections 20-186 and 22-1568 FWCC require retention of significant trees located outside of the grading and clearing limits until building permits are issued for single family lots. After construction of the roads and utilities, approximately 392 total trees larger than 12 inches in diameter will remain. Most of the significant trees to be retained are located on the easterly portion of the site as grading will not occur in that area. Trees will be lost on the west side of the parcel which will support the roads and water detention facility. Since greater than 25% of the significant trees located on the site will remain, no additional tree planting is required. Construction of the plat as proposed complies with all City ordinances requiring retention of significant trees. 13. Concerns were raised regarding the adequacy of the wildlife assessment as it did not consider wetlands off site to the west and wildlife corridors. Portions of the site will remain undisturbed and will provide habitat areas for urban wildlife. No testimony or evidence asserts the presence of any State or federally listed, threatened, or otherwise protected animal species on the site. The City's Comprehensive Plan Priority Habitats and Species Map likewise does not list the presence of any priority habitats or species on or adjacent to the site. The wildlife study prepared by Terra Associates concludes that development of the property "will not impact any listed species or habitats of concern". The study indicates the presence of Pileated woodpeckers, a species designated as a candidate for listing on the State's priority habitat and species list. The State Department of Fish and Wildlife has prepared management recommendations for Pileated woodpeckers, and such will be incorporated into the management of the buffer tracts and the undeveloped portion of lot 35. While abutting and nearby residents reported seeing eagles flying into and out of the site, no nests have been located. 14. Concerns were raised regarding existing traffic problems in the area and the safety of the proposed southern access onto Hoyt Road. The applicant must dedicate a nine foot wide strip of property adjacent to Hoyt Road across the plat frontage and increase the half street right-of-way width from 30 to 39 feet. The applicant must also install frontage improvements to include concrete curb and gutter, planter strip, sidewalk, and street lighting. The internal plat roads will also be public streets constructed to City standards with concrete curbs and gutters, planter strips, sidewalks, and streetlighting on both sides. Both the Public Works Department and Fire Department have approved the subdivision access and roadway system. The applicant will install sidewalks along all lot frontages within the subdivision and along the Hoyt Road frontage. Mitigating measures in the MONS require the applicant to contribute its prorata share of the construction cost of projects identified Page - 6 in the City's Transportation Improvement Plan (TIP) which subdivision traffic will impact. The applicant will contribute $10.800 for traffic improvements on 320th St. 15. Concerns were raised regarding safe walking conditions for elementary school children who will walk to Green Gables Elementary via Hoyt Road. The sidewalk constructed by the applicant will tie into the sidewalk adjacent to the High Point Park subdivision to the north. However, said sidewalk ends south of SW 329th St. and students currently walk along the shoulder of Hoyt Road to SW 329th St. where a crosswalk and an adult crossing guard ensure a safe crossing. Mitigating measures in the MONS require the applicant to install a warning sign advising of the presence of the school crossing and also to install curbing which will separate the commonly used walkway from vehicle traffic along Hoyt Road. Such will assure safe walking conditions for elementary students walking between Green Gables Elementary and the subdivision. The applicant must also satisfy the City school impact fee ordinance and pay to the Federal Way School District the sum of $2,710 per single family housing unit. 16. Section 20-155(b) FWCC requires residential subdivisions to provide open space in the amount of 15% of the gross land area of the site, or in the alternative, pay a fee in lieu of open space for all or some portions of the area required. The open space required for the preliminary plat calculates to 2.46 acres and the Federal Way Parks, Recreation, and Cultural Services Department has reviewed and accepted the applicant's proposal to pay a fee in lieu of providing on-site open space. 17. The City of Tacoma will provide both domestic water and fire flow to the site in accordance with City standards, and the applicant will construct a fire hydrant within 350 feet of each lot. 18. Lakehaven Utility District has provided a Certificate of Sewer Availability and will serve each lot in the subdivision with sanitary sewers. As previously found, the City of Tacoma will provide both domestic water and fire flow to the site and has provided a Certificate of Water Availability. 19. Prior to obtaining a recommendation of approval of a preliminary plat to the Federal Way City Council, the applicant must establish that the request satisfies the criteria set forth in Section 20-126(c) FWCC. Findings on each criteria set forth therein are hereby made as follows: A. The project complies with the adopted Federal Way Comprehensive Plan which designates the parcel as Single Family High Density. Page - 7 B. The preliminary plat is consistent with all applicable provisions of the FWCC including those adopted by reference from the comprehensive plan. The applicant must comply with the provisions of Chapter 18, Environmental Policy; Chapter 20, Subdivisions; and Chapter 22, Zoning as well as other applicable codes and regulations. C. The project will be consistent with the public health, safety, and welfare if developed in accordance with conditions of approval, the mitigating measures set forth in the MONS, and applicable provisions of the FWCC. O. The proposed preliminary plat is consistent with the design criteria set forth in Section 20-2 FWCC. The plat provides water, sewage, storm drainage, and recreational areas. The plat will also promote safe and convenient travel on streets and provide proper ingress and egress. It will also provide for the housing needs of the community. E. The preliminary plat complies with the development standards set forth in Sections 20-151 through 157 and Section 20-158 through 187. 20. Neighbors raised concerns regarding development of the preliminary plat both in writing and oral testimony. However, no expert testimony or studies were presented to contradict any of the applicant's or the City's experts. It appeared to the Examiner that both City staff and the applicant had considered the concerns raised by residents and addressed them in the plat design as much as reasonably possible. The plat provides significant buffers between residential areas where the code requires none, and the applicant will not engage in mass grading of lots even though recommended by the geotechnical engineer. As stated by the Washington Court of Appeals in Maranatha MininQ v. Pierce County, 59 Wn. App 795 (1990): The only expert testimony in the record shows that the mitigation measures would prevent ground water contamination. The fish hatchery operators advise that the project would not affect their operations. The Examiner's findings show that Maranatha's proposals would mitigate the impact of dust particulates. The draft EIS stated that proposed improvements to roads and a bridge in the area would allow for "safe and comfortable" travel on affected roads. The only opposing evidence was generalized complaints from displeased residents. Community displeasure cannot be the basis of a permit denial. 59 Wn. App 795 at 804. Page - 8 In the present case, while citizens have raised significant concerns, the applicant and the City have responded to all such concerns and provided amenities not required by code. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The proposed preliminary plat of Cottages at Hoyt Road complies with all requirements of the Federal Way City Code to include Section 2O-126(c). 3. The proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, roads, alleys, and other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, playgrounds, schools and school grounds, and safe walking conditions for students who walk to and from school. 4. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a single family residential subdivision in a growing area of the City. Therefore, the Federal Way City Council should approve the proposed preliminary plat subject to the following conditions: 1. Stormwater conveyance, water quality, and detention facilities used to control stormwater runoff from the site shall be located in a stormwater tract dedicated to the City at the time of final plat approval,. unless located within improved public rights-of-way. 2. All streets shall have a minimum pavement section of three inches Class B asphalt over seven inches of crushed surfacing to support the traffic loads. 3. Tract E, labeled as a Native Growth Protection Easement, shall be re-Iabeled as a Native Growth Protection Area Tract. Provisions related to the preservation and enhancement of native vegetation in this tract shall be included in the homeowner's association documents and submitted to the City for review and approval prior to Final Plat approval. Page - 9 4. Consistent with the management recommendations of the Washington State Department of Fish and Wildlife (WDFW) , during preliminary plat construction, snag creation techniques shall be used to provide and enhance habitat opportunities for Pileated woodpeckers within buffer Tract "E" and appropriate portions of Lot 35. Within these areas large lots and stumps shall be left on the ground. Dead and dying trees that are not hazardous to surrounding properties shall be left in place, and healthy replacement trees of sufficient size to replace existing snags when they fall must be left in place. Prior to the issuance of construction permits for the preliminary plat improvements, the applicant must submit a management plan consistent with the WDFW recommendations indicating the proposed measures to provide and enhance habitat opportunities for Pileated woodpeckers within buffer Tract "E" and appropriate portions of Lot 35, to the City's Community Development Services Department for review and approval. 5. Clearing for the construction of the plat improvements, including roads, stormwater improvements, and utilities, shall be generally consistent with the clearing limits depicted on the April 27, 2001, Site Grading Plan that was prepared by Touma Engineers as part of the preliminary plat application materials. The clearing limits referenced above are the approximate clearing limits necessary for road, stormwater improvements, and utility grading, and may be modified with the approval of the Community Development Services and Public Works Departments during final engineering review as required to reflect changes in road, stormwater improvements, and utility designs, if any. The remaining clearing beyond these limits necessary for development of the residential lots shall not be performed until such time as approved permits are issued for development of the residential lots. 6. Clearing and grading activities shall be restricted during the wet season, October 1st to April 30th. No clearing and or grading activities shall occur during this period unless previously approved in writing by the Public Works Director. Page - 10 RECOMMENDATION: The Federal Way City Council should approve the preliminary plat of Cottages at Hoyt Road subject to the conditions contained in the conclusions above. DATED THIS t 11 DAY OF September, 2001. LY~ TRANSMITTED THIS ~ DAY OF September, 2001, to the following: APPLICANT: Rick Williams 19904 Des Moines Memorial Drive Seattle, WA 98148 AGENT: Michael Davis Davis Consulting, Inc. 27013 Pacific Highway South, PMB No. 353 Des Moines, WA 98198 OWNER: Rick Williams 19904 Des Moines Memorial Drive Seattle, WA 98148 Mr. and Mrs. Robert Stiers 33225 43rd Ave. SW Federal Way, WA 98023 Paul Kramer 33175 42nd PI. SW Federal Way, WA 98023 Dan Catron 32230 45th PI. SW Federal Way, WA 98023 Pat Curran 33180 42nd PI. SW Federal Way, WA 98023 Robert LaBounty 33313 41st Ave. SW Federal Way, WA 98023 David Tresdale 12525 Willows Road #101 Kirkland, WA 98034 Tom Touma 6632 S. 191st PI. Ste. E102 Kent, WA 98003 City of Federal Way clo Chris Green P.O. Box 9718 Federal Way, WA 98063-9718 . CITY COUNCIL REVIEW, ACTION Pursuant to Section 20-127, following receipt of the final report and recommendation of the hearing examiner, a date shall be set for a public meeting before the city council. The city council review of the preliminary plat application shall be limited to the record of the hearing before the hearing examiner, oral comments received during the public meeting (so long as those comments do not raise new issues or information not contained in the examiner's record) and the hearing examiner's written report. These materials shall be reviewed for compliance with decisional criteria set forth in section 20- 126. The city council may receive new evidence or information not contained in the record of hearing before the hearing examiner, but only if that evidence or information: (i) relates to the validity of the hearing examiner's decision at the time it was made and the party offering the new evidence did not know and was under no duty to discover or could not reasonably have discovered the evidence until after the hearing examiner's decision; or (ii) the hearing examiner improperly excluded or omitted the evidence from the record. If the city council concludes, based on a challenge to the hearing examiner recommendation or its own review of the recommendation, that the record compiled by the hearing examiner is incomplete or not adequate to allow the city council to make a decision on the application, the city council may by motion remand the matter to the hearing examiner with the direction to reopen the hearing and provide supplementary findings and/or conclusions on the matter or matters specified in the motion. After considering the recommendation of the hearing examiner, the city council may adopt or reject the hearing examiner's recommendations based on the record established at the public hearing. If, after considering the matter at a public meeting, the city council deems a change in the hearing examiner's recommendation approving or disapproving the preliminary plat is necessary, the city council shall adopt its own recommendations and approve or disapprove the preliminary plat. As part of the final review, the city council may require or approve a minor modification to the preliminary plat if: (a) The change will not have the effect of increasing the residential density of the plat; (b) The change will not result in the relocation of any access point to an exterior street from the plat; (c) The change will not result in any loss of open space or buffering provided in the plat; and (d) The city determines that the change will not increase any adverse impacts or undesirable effects of the project and that the change does not significantly alter the project. RESOLUTION NO. 04-416 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, MODIFYING THE APPROVED PRELIMINARY PLAT FOR THE COTTAGES AT HOYT ROAD, FEDERAL WAY FILE NO. 98-104394-00 SUo WHEREAS, on November 16, 1998, the applicant, Mr. Rick Williams, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as the Cottages at Hoyt Road and consisting of 16.4 acres into forty (40) single family residential lots located in the 33300 Block of Hoyt Road SW, on the east side of the street; and WHEREAS, on May 26,200 I, a Mitigated Determination of Nonsignificance (MONS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEPA), RCW 43.2IC; and WHEREAS, pursuant to City Council Resolution 01-349, on October 16, 2001, the City Council approved the Cottages at Hoyt Road 40-lot preliminary plat, in compliance with Chapter 20 of the Federal Way City Code, Chapter 58. I 7 RCW, and all other applicable City Codes; and WHEREAS, the Cottages at Hoyt Road plat has not yet been constructed; and WHEREAS, the applicant, Mr. Richard Williams, has authorized Trinity Land Development and Barghausen Consulting Engineers to act as agent for the prel iminary plat for the Cottages at Hoyt Road and the applicant has requested to: revise access locations on Hoyt Road SW, revise grading limits, reduce the lot count to 35 lots, revise the open space configuration, reconfigure the road and lot layout, and revise the location of the stormwater facility; and WHEREAS, on June 21, 2004, the City Council Land Use and Transportation Committee (LUTC) considered the request for the preliminary plat revision, found the revised preliminary plat in substantial conformance with the approved preliminary plat, and voted to forward a recommendation for approval of the Cottages at Hoyt Road revised preliminary plat to the full City Council; and EXHIBIT E. -'---~.'_.~--.-...--.......... . Res. # 04-416 ,Page I ORIGINAL Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOL VE AS FOLLOWS: Section I. Adoption of Findings of Fact and Conclusions. The findings of fact and conclusion of the Department of Community Development Services June 15, 2004 memorandum and recommendation to the LUTC, are hereby adopted as the findings and conclusion of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. Section 2. Application Approval. Pursuant to FWCC Section 20-136(b), based upon the recommendation of the Department of Community Development Services and findings and conclusion contained therein as adopted by the City Council immediately above, the revised preliminary plat for the Cottages at Hoyt Road, Federal Way File No. 98-I04394-00-SU, is hereby found to be in substantial conformance with the approved preliminary plat, and such revisions are hereby approved subject to all requirements of the Federal Way City Code and conditions contained and referenced in City Council Resolution 01-349. Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court havingjurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action. Res. # 04-416 , Page 2 Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOL VED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS 6 thDA Y OF July ,2004. 4 ApPROVED As To FORM: ~~ CITY A HORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 6/30/04 PASSED By THE CITY COUNCIL: 7/06/04 RESOLUTION No. 04-416 Res. # 04-416 , Page 3 . . ~ CITY OF ~ Federal Way CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES MEMORANDUM To: Jack Dovey, Chair Land Use and Transportation Committee FROM: ~athy M~C1un~, Director of COm[Unity Development Services JIm lIaITJ~ Semor Planne~... ,..;.. VIA: David osele i na r RE: Cottages at Ho Road Revised Preliminary Plat Application No's. 98-104394-00-SU and 04-102107-AD DATE: June 15, 2004 I. STAFF RECOMMENDA nON Staff recommends the Land Use and Transportation Committee forward to the City Council a recommendation to approve the proposed modifications of the Cottages at Hoyt Road preliminary plat, finding that the modified preliminary plat is in substantial conformance with the approved preliminary plat. II. SUMMARY OF PROPOSAL The applicant has proposed modifications to a preliminary plat that was approved by the City Council on October 16, 2001 (Exhibits 1 and 2). Specifically, the applicant has requested to modify the clearing and grading limits of the approved preliminary plat, and modify the location of the two access points onto Hoyt Road SW. Modifications to the preliminary plat, will result in five fewer lots, reconfiguring the road and lot layout, modifications to the open space, and modifications to the location of the stormwater facility. III. BACKGROUND As identified in the June 3, 2004, Barghausen Consulting Engineers letter (Exhibit 3), the applicant has determined that the approved preliminary plat design is not feasible or practical to construct, has not been designed to accommodate the existing site characteristics and grade constraints, results in " " lots with slopes of two feet horizontal to one foot vertical (50 percent slope) extending up to three- fourths the depth of the upper lots, and would ultimately require approximately 140,000 cubic yards of excess soil to be exported from the site for construction of the roadway infrastructure improvements and the homes, IV. REASON FOR COUNCIL ACTION Pursuant to Federal Way City Code (FWCC) Section 20-1 36(b), amongst several criteria, the City Council must ultimately find the final plat in substantial compliance with the approved preliminary plat As detailed in Section V below, the proposed plat modification results in some changes to the approyed preliminary plat layout. Therefore, City staff is requesting the City Council determine if proposed modifications to the approved preliminary plat are in substantial conformance with the approved preliminary plat. Criteria contained in FWCC Section 20-127 also can provide a benchmark as to the significance of the proposed modifications. Pursuant to FWCC Section 20-127, when the Hearing Examiner has forwarded a recommendation on a preliminary plat application to the City Council, the City Council may require or approve a minor modification to the preliminary plat if: 1. The change will not have the effect of increasing the residential density of the plat; 2. The change will not result in the relocation of any access point to an exterior street from the plat; 3. The change will not result in any loss of open space area or buffering provided in the plat; and 4. The City determines that the change will not increase any adverse impacts or undesirable effects of the project and that the change does not significantly alter the project. Although these criteria no longer apply to the current proposal, they do provide factors for the City Council to consider regarding whether the modifications are major or minor, and ultimately whether the final plat would be in substantial conformance with the approved preliminary plat. V. FINDINGS AND CONCLUSION l. FWCC Section 20-179 only allows plat construction to include clearing and grading for approved infrastructure (e.g. streets and utilities) as depicted on the engineering plans. The remainder of the plat is typically cleared in conjunction with home construction. Due to unusual topographic constraints at the site, the applicant proposes to clear and grade the plat infrastructure concurrently with clearing and grading,all of the developed portion of the individual building lots. If approved as requested, the revised plat will result in more initial clearing and grading than is permitted on the approved preliminary plat. The currently approved . preliminary platonly allows clearing and grading for the plat infrastructure and some limited areas of clearing and grading beyond the right-of-ways and utility corridors. As identified in the June 3, 2004, Barghausen Consulting Engineers letter, with the existing preliminary plat, approximately 80,000 cubic yards of soils material must be moved to conduct the roadway and utility improvements for the currently approved plat. Then, after the final plat is recorded, extensive further clearing and grading of approximately 60,000 cubic yards of additional excess material will need to be hauled off-site at the time of construction of individual homes. Land Use and Transportation Committee June 15, 2004 Cottages at HoYt Road Revised Preliminary Plat/98-104394-00-SU Page 2 I Condensing the majority of the site earthwork into one phase will result in more initial visual impact at the site than would result from the approved preliminary plat.However, conducting the majority of the clearing and grading into one consolidated phase will result in les~_ construction impacts to the surrounding streets, as less soils will be hauled off site,:and the bulk of the earthwork will be conducted during the initial clearing and grading phase. 2. The modified preliminary plat will result in preservation of a comparable or greater amount of existing mature vegetation than would be preserved by developingtl1e- approved preliminary plat. 3. The modified preliminary plat will result in elimination of two interior cul-de-sac bulbs, and relocation of the main interior street, approximately 50 feet east of the currently approved location. 4. The preliminary plat modifications will result in revision to the location of both access points onto Hoyt Road SW. The applicant has requested to move the access points in order to provide additional roadway length to elevate the roadway grades to better accommodate the existing terrain of the property, resulting in less site grading. Relocation of the access points onto Hoyt Road SW will not create additional impacts to the surrounding area, as the northern access point is proposed to be relocated approximately 400 feet north, and the southern access point is proposed to be moved approximately 200 feet south of the currently approved locations. 5. The applicant has provided a preliminary sight distance analysis identifying that the proposed access points can meet applicable sight distance requirements. If the plat modification is approved by the City Council, prior to approval of plat construction plans and commencing construction, the applicant will be required to provide a final sight distance analysis in accordance with applicable standards; and provide written assurance to the City that any improvements such as clearing, grading, and/or obtaining off-site easements or right-of-way dedication can be secured by the applicant and provided to the City. 6. The preliminary plat modifications result in five fewer lots than the approved preliminary plat. 7. The preliminary plat modifications result in preserving more constrained on-site open space than the existing approved plat. However, no usable open space is provided on-site and a fee-in-lieu of on-site open space will be required to meet FWCC Section 20-155, consistent with the approved preliminary plat. 8. AI0-foot wide arterial landscape buffer in a separate_landscape tract is required along Hoyt Road SW in compliance with FWCC Section 20-178 consiStent with the approved preliminary plat. 9. The Native Growth Protection Easement (NGPE) proposed along the east side of the site results in a comparable width ofNGPE as the approved preliminary plat. If the preliminary plat modifications are approved, strict provisions regarding vegetation removal, reciprocal easements, and prohibition of all structures will be required on the final plat in order to be consistent with the intent of the open space tract on the approved preliminary plat. 10. The preliminary plat modification is subject to all applicable codes and policies as well as all findings, conclusions, and conditions of approval contained in the original preliminary plat approval, City Council Resolution No. 01-349 and the September 6, 200 I, Hearing Examiner's recommendation. Land Use and Transportation Committee June 15, 2004 Cottages at Hoyt Road Revised Preliminary Plat I 98-1 04394-00-5U Page 3 ,. , Conclusion: Based on findings 1 - 10 above, the preliminary plat modifications as proposed are in substantial confonnance with the approved preliminary plat Further, based on FWCC Section 20- 127( d) the proposed modifications to the preliminary plat will not increase the density of the plat; will not result in substantive relocation of an access point to an exterior street; will not result in loss of buffering or open space; and will not increase any adverse impacts or undesirable effects of the project. VI. COUNCIL ACTION A draft resolution finding the modified preliminary plat in substantial compliance with the approved preliminary plat is attached (Exhibit 4). After consideration of the request, the City Council may, by action approved by a majority of the total membership, take one of the following actions, pursuant to FWCC Section 20- I36(b). I. Adopt the staff recommendation finding the preliminary plat modifications in substantial compliance with the approved preliminary plat, and the applicant may proceed to engineering design and construction of the modified preliminary plat; or 2. Find that the preliminary plat modification revision iS,not in substantial compliance with the approved preliminary plat, and reject the request for a revision to the preliminary plat, requiring the applicant to file a new preliminary plat application. EXHmITS l. Approved Preliminary Plat for the Cottages at Hoyt Road 2. Modified Preliminary Plat for the Cottages at Hoyt Road. 3. June 3,2004, Letter by Dan Balmelli, P.E., from Barghausen Consulting Engineers Inc. 4. Draft City Council Resolution Finding the Modified Preliminary Plat in Conformance with the Approved Preliminary Plat. ApPROVAL OF COMlVIrcrEt'lIEPQRT .... . .. ,._'.'v;..,.__',... ^ . JackDove"Cbai'r"";-' '.. . :~MiCi.la~f:Park,'Meltlber )tr~'Fa~?~.~'M~m~,~[' .. .... <; ..... .T',<'Y' ..'.....;;0'.....'...2., D....'.... ,.--:.:iiT~'i;,.~:..~,:,,_:~.-;:jl.::',.._, '-"-_", -:':' : Land Use and Transportation Committee June 15,2004 Cottages at Hoyt Road Revised Preliminary Plat /98-104394-OO-SU Page 4 Land Use/Transportation Committee Page 2 June 19th, 2006 meeting. He's glad there is money in the budget from savings on other projects to pay for this. E. East Branch Lakota Creek Paul Bucich gave the background information on this item. Moved: McColgan Seconded: Dovev Passed: Unanimously Committee PASSED Option 1 on to the Sept 5th, 2006 City C~uncil Consent Agenda. - F. Slope Mower Bid Award Paul Bucich gave the background information on this item. Moved: McColgan Seconded: Dovey Passed: Unanimously Committee PASSED Option 1 on to the Sept 5th, 2006 City Council Consent Agenda. Council Member McColgan asked if the testing process has changed; Mr. Bucich said the tests have been changed to reflect all the conditions mowing occurs under (the original testing did not reveal the 40% slope problem). The new mowers should last 10 years. Council Member McColgan asked how much the mower bought in 2005 cost (it cannot mow slopes of 40%). Mr. Bucich replied that it cost $35,000. Council Member McColgan asked if there was a market for it. Mr. Bucich said selling it would not be his recommendation because using the mower purchased last year in conjunction with a mower that can mow 40% slopes will result in a more efficient mowing schedule, freeing staff to work on other projects. Chair Dovey said that when he looks at the bid list, the biggest thing he sees is the difference in the percentage of the slope. Mr. Bucich said stafffound that about half of the ponds have a slope over 34%. The City has 85 ponds so far and an additional 16 are coming online. As land gets more and more valuable the slopes get steeper as the developers try to maximize the available land. Chair Dovey said that, then, if it was not for the slope they would be equal? Mr. Bucich said if it wasn't for the inability of the DewEze to cut at the slope required staff would be recommending that one. G. Lake Jeane - 50% Design Approval Paul Bucich gave the background information on this item. Moved: McColgan Seconded: Dovey Passed: Unanimously Committee PASSED Option I on to the Sept 5th, 2006 City Council Consent Agenda. H. WRIA 9 ILA Paul Bucich gave the background information on this item. Moved: McColgan Seconded: Dovey Passed: Unanimously Committee PASSED this item WITHOUT recommendation to the Sept 5th, 2006 City Council Business Agenda. Council Member McColgan asked who the governing body for WRIA 9 is.Mr. Bucich said that the governance structure for the whole process starts off with a forum that consists of elected officials, then a management committee on which he sits on behalf of Federal Way, and then a steering committee which is almost anyone in the watershed that has an active business in salmon recovery; Boeing, Weyerhaeuser, other businesses, environmental groups, Indian tribes, etc, are all in that aspect there. The ILA establishes how decisions are made, if there are any disagreements, but principally the process is to govern through consensus, to get consensus amongst individual jurisdictions through representation at the forum level. Right now, King County staff are hired to act as the staffing effort for the forum and the ILA efforts. Mr. Bucich said there is an extensive list of capital projects within the total planning area in Federal Way there were proposed to be two but one dropped out. The only one that's left is in Dash Point State Park. It is reconnecting a small wetland area back to the Sound. Digging out, taking some armored rock out; a very small project. She asked for an idea of what other capital projects are being proposed in other jurisdictions. Mr. Bucich invited Doug Osterman to come up and speak because he has an extensive list in his head. G ILUTCILUTC Agendas and Summaries 2006108-21-06 LlITC Minutes FINALdoc HIGH POINT RARK DIV. 3 \ \ I, \ \ C; i ~ "" ~ \ UNPLA TTED \ I ' \ \ I .... \ \ I "".... \ \, .... \ \ \ 1.J06..JY c:;, rr, .t. ~ ~ ~ kl .:::j;t o.~ ~ 05: ~01 ~ 0 ~ '0.... o ..... ~ ~ - ~ Cj . .'< ~ - ~ - / ~ 1 ~ // !'> f\) 1 ~ 1 ~ ~ ",'" ~ lil ~ (, - . ' ;:- t" 1/"" ~ / \ '!>> " \ ,-_ /I/~- I ~ / I ^ / ' I / ......... ~ I " I " I I - ~ I l>< C) I I (." I . I ---_ . f\) "" I --- , (Q - I: I- i I ~ ..p:.-r f\) I Sli -..l.... ~ ~ ~ -------~ ;t:f :IL J:: . ): : ~1iI~ Vl :- ~ ~ . ~~ _ _ - - 13 ()-- ~'J ,., \- ~~~ C) i-' ~ ~ . .-, \ :-oil: - - ,. = ~ ~ \ ~ 0) <. :~ ~ SCALE 1 "==50' ~ -------1 ~ _ \ _-- bIi t I - 1] \ "J j). I --AJ j ---- ,- - \ -'):- \ Co ......'\ ,- ---'\ ----r--. \ --:---'0 \ -- -- \ \ -~ I , I ~ , j<~'SF 68(.i(';~i': ! 1?811.207G'!,:'!.' , , h'tCh' PO!.'\! T i-~A"':.I< .) ~ i/OL. 'i as PL~'.~,- , ~--" / / < ~" '" t / '" ~ /~" ~ ~ ~ I i --- " ~ ~. -1 - - ----5 c;.: ~~ " VI",) " "j ~.t) I'. ~''2 - --- ~ - ~ II ~ i ----- ~ €0' (-I . O"j ./ ~GHAV~ CIVIL ENGINEERING. LAND PLANNING, SURVEYING. ENVIRONMENTAL SERVICES I/J~ '1. . . ~ Ii June 3, 2004 "t, ~ HAND DELIVERY "'Go f'J' <>-, . <;,<;,~ RESUBMITIED ....G ENG\tl Jim Harris JUN 0 3 2004 City of Federal Way Planning Department 0....1 ~ 10;)./01-"-0 33530 - 1st Way South Federal Way, W A 98003 :i? RE: Submittal of Revised Preliminary Comprehensive Grading Plan, Cross-Sections, and Sight Distance Study for The Cottages at Hoyt Road City of Federal Way File No. 98-104393-OO-SE Our Job No. 11432 Dear Jim: As requested in the May 21, 2004 letter from Kathy McClung, and our subsequent meeting on June 2, 2004, we are submitting plans, cross-sections, and site distance analysis for your review and consideration of a minor modification to the original plat of "The Cottages at Hoyt Road." As you know, our office has been assisting Trinity Land Development, L.L.c., in completing a feasibility analysis and preliminary civil engineering design services for the "Cottages at Hoyt Road" residential subdivision project. Due to existing grade constraints on the property and from a detailed analysis of the original roadway and lot layout, it has been determined that the project, as currently designed and approved by the aty, is not feasible or practical to construct, has not been designed to accommodate the existing site characteristics and grade constraints, results in lots with slopes of 2H:1V extending up to 3/4 of the depth of the upper lots, and would ultimately require approximately 140,000 cubic yards of excess soil to be exported from the site for construction of the roadway infrastructure improvements and the residential homes. The project was originally designed by another firm and approved by the City of Federal Way as a 40-Iot subdivision with two access points from Hoyt Road, a loop road, and two culs-de-sac. The proposed modification maintains two access points and a loop road from Hoyt Road; however, the access points have been moved closer to both ends of the property in order to provide additional roadway length to elevate the road grades to better accommodate the existing terraiIJ, of the property and the two culs-de-sac have been eliminated. The open space tracts and buffers, shown 6n the original plat. would be maintained and a significant increase in the area of permanent, undisturbed, open space buffers would be realized under the proposed modification. The stormwater facility would be located generally in the same location as the original design, and the total number of proposed lots would be reduced from 40 to approximately 35. A summary of the overall improvements and reduction of impacts from the proposed plat modifications are indicated below. 1. Significant reduction in soil excavation prior to final plat recording Under the current plan, approximately 80,000 cubic yards of excess material will need to be exported from the site in order to construct the roadway. storm, and utility infrastructure improvements. 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251-6222 (425) 251-8782 FJ BRANCH OFFICES . OLYMPIA, WA . TEMECULA, CA . WALNUT CREEK. CA www.barohausen.com If, . c:~ Jim Harris City of Federal Way Planning Department -3- June 3, 2004 5. Significant reduction in truck traffic associated with reduced soils export both before and after recording of the final plat. Under the current plan, approximately 4,700 truck trips will be required to remove the :f: 80,000 cubic yards of excess fill from the site during the roadway, storm. and utility infrastructure phase. These truck trips will create an increased impact to the public from increased traffic on the streets, additional noise impacts, additional wear and tear on the public roadways, and additional street cleaning from dirt and debris from the truck tires. After completion of the roadway and utility improvements, an additional approximately 3,500 truck trips will be required to export the :t 60,000 cubic yards of excess fill material from the residential lots once the homebuilders begin construction necessary to prepare the lots for future homes. This will again create significant additional impacts to the public. Under the proposed plat revision, very little, if any, excess fill material will need to be hauled off site during construction of the roadway and utility phase or the home construction phase since the project will be designed to balance as close as possible. Normal stripping and unsuitable duff material will need to be hauled off site during the initial construction phase; however, this work is required under both the current and proposed designs. 6. Reduced number of lots Under the current plan, 40 new residential lots are proposed, most of which have not been designed to fit the existing terrain. Under the proposed modification, 35 much more buildable lots are proposed, resulting in a reduction of five lots and a significant amount of additional permanently undisturbed area. 7. Significant increase in size of Tract E NGP A (Native Growth Protection Area) Under the proposed modification, Lots 35, 36, and 37 have been eliminated and the majority of these lot areas have been converted to permanent open space. 8. Site distance analysis ' We have completed an updated site distance analysis based on the proposed modification and have confirmed that both the north and the south entrances meet entering and stopping site distance based on the adjusted entrance locations. As clearly shown by the information above, the proposed modification will result in a residential project that significantly reduces all environmental impacts to the general public, provides significantly more undisturbed native buffer, provides a project design that accommodates the existing site terrain, reduces impacts on the public roadway system, and results in a much more feasible, practical, and cost-effective development while still reducing the overall number of lots from 40 to a maXimum of 35. G- (::<9' . Y,,';j Jim Harris City of Federal Way Planning Department -4- June 3, 2004 Given the information above. it is our opinion that the revisions proposed to the proiect should be considered as a minor amendment because of the si2nificantlv reduced I!:radinl!: and earthwork volumes. . increased amount of permanentlv undisturbed site area. and reduced impacts to the environment and I!:eneral public. The following plans and documentation are enclosed for your review: 1. Four copies of the original plat layout and grading plan, indicating highlighted tract and buffer locations, roadway layout, and lot layout. 2. Four copies of specific cross-sections through the site under the original design, indicating the cuts and fills and undisturbed buffers. 3. Four copies of the proposed plat modification, indicating the proposed roadway layout, lot layout, tracts, and highlighted undisturbed buffers. 4. Four copies of specific cross-sections through the project site under the proposed plat modification, indicating the cuts and fIlls and undisturbed buffers. 5. Four copies of the updated geotechnical engineering letter prepared by Terra Associates, Inc. 6. Four copies of the additional topographic/as-built survey and profIle of Hoyt Road extending south of the southerly proposed driveway, indicating the existing and proposed sight lines necessary to meet the required entering sight distance. 7. Four copies of the updated site distance analysis, including a plan, profIle, and section of the south entrance's southerly site line, exhibits, and photographs. Once you have reviewed the enclosed information, please feel free to contact me if you have any questions. Thank you for your assistance and cooperation. kb~ Daniel K. Balmelli, P.E. Executive Vice President DKB/tep/athlbd 11432c.OO1.doc enc: As Noted cc: Chris Austin, Trinity Land Development, L.L.c. (w/enc) Allison Moss, Dearborn & Moss P.L.L.c. (w/enc) Rick Williams, Preferred Building Contractors, Inc. All Sadr, Barghausen Consulting Engineers, Inc. RESOLUTION NO. o:;-1<::g A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASIllNGTON, MODIFYING THE APPROVED PRELIMINARY PLAT FOR THE COTTAGES AT HOYT ROAD, FEDERAL WAY FILE NO's. 98-104394-00SU and OS-104602-00-AD. WHEREAS, on November 16, 1998, the applicant, Mr. Rick Williams, applied to the City of Federal Way for preliminary plat approval to subdivide cenain real property known as the Cottages at Hoyt Road and consisting of 16.4 acres into forty (40) single-family residential lots located in the 33300 Block of Hoyt Road SW, on the east side of the street; and WHEREAS, on May 26,2001, a Mitigated Determination of Non sign ificance (MDNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEP A), RCW 43.21 C; and WHEREAS, pursuant to City Council Resolution 01-349, on October 16, 2001, the City Council approved the Cottages at Hoyt Road 40-10t preliminary plat, in compliance with Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all other applicable City Codes; and WHEREAS, on July 6,2004, the City Council considered the applicant's request for a revision to the preliminary plat, and found the revised preliminary plat in substantial conformance with the approved preliminary plat; and WHEREAS, the Cottages at Hoyt Road plat is currently under construction, and the applicant found during the course of construction that the topography along the northwest portion of the site was not properly surveyed, and the survey shows the topography 10 feet higher than field conditions; and WHEREAS, the applicant has provided a tree evaluation identitying up to 30 trees on-site and off-site that are deemed potentially hazardous, and the City's third party arborist has identified an additional eight on- sitc potential hazard trees to remove, and 14 trees to monitor; and WHEREAS, on September 10,2005, the applicant, Trinity Land Development requested to modity the prcliminary plat as follows: modity the slope and retaining wall configuration along the northwest portion of Res. # OS -::.. %/{" ,Page 1 EXHIBIT __. ....-.--f.. .... ""'_' _.,~--= the approved preliminary plat, slightly re-align the northern roadway, remove potential hazard trees in the native growth protection easements, and replant areas where trees and vegetation have been removed; and WHEREAS, on September 19,2005 and October 3,2005, the City Council Land Use/Transportation Committee (LUTC) considered the request for the preliminary plat revision, found the revised preliminary plat in substantial conformance with the approved preliminary plat and voted to forward a recommendation for conditional approval of the Cottages at Hoyt Road revised preliminary plat to the full City Council. Now THEREFORE, ruE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusion. The findings of fact and conclusion of the Department of Community Development Services September 13,2005 memorandum and September 27,2005 memorandum and recommendation to the LUTe, are hereby adopted as the findings and conclusion of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a fmding, shall be treated as such. Section 2. Application Approval. Pursuant to FWCC Section 20-136(b), based upon the recommendation of the Department of Community Development Services and findings and conclusion contained therein as adopted by the City Council immediately above, the revised preliminary plat for the Cottages at Hoyt Road, Federal Way File No's. 98-1 04394-00-SU and 05-1 04602-00-AD, is hereby found to be in substantial conformance with the approved preliminary plat, and such revisions are hereby approved subject to all requirements of the Federal Way City Code and conditions contained and referenced in City Council Resolution 01-349, City Council Resolution 04-416, and the September 27,2005, staff report to the Land Use/Transportation Committee. Section 3. Conditions of Approval Integral. lbe conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this Res. # Ds.. CfS~ , Page 2 resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate proyisions for the public health, safety, and general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. REsOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS ifl'bA Y OF tf2.1Dkf ,2005. A TrEST: , JASON SUZAKA Res. # OS 'iSf , Page 3 APPROVED AS To FORM: ~~r#_'~ CITY ATTORNEY, P A TRlCIA A. RICHARDSON FILED WITH THE CITY CLERK: IOII/IIE- PASSED BY THE CITY COUNCIL: rb/4!fJ1 I I RESOLUTION No. O~ -158 Rcs.# O~-45t1 , Page 4 /? "".~ ~ ''; I L E CITY OF ,~ Federal Way DEP ARTMENT OF COMMUNITY DEVELOPMENT SERVICES MEMORANDUM DATE: September 27, 2005 To: Jack Dovey, Chair Land Userrransportation Committee FROM: Jim Harris, Senia, Planoe, (j 11. ~ Wllham Appleton, Development ServIces Manager VIA: DavidM~e' . RE: Cottages at Hoyt Road Revised Preliminary Plat Application No's. 98-104394-00-SU and 05-104602-00-AD MEETING DATE: October 3,2005 I. STAFF OVERVIEW Trinity Land Development has requested to revise the design of the Cottages at Hoyt Road preliminary plat, which is currently under construction. Specifically, on September 10, 2005, the applicant requested modifications to the approved preliminary plat as follows: modify the slope and retaining wall configuration along the northwest portion of the approved preliminary plat, and remove up to 30 trees located within Native Growth Protection Easements (NGPE) around the perimeter of the site. Proposed changes to the Cottages at Hoyt Road preliminary plat are significant enough to warrant review by the Land Userrransportation Committee (LUTC) and City Council in order to determine if the resulting plat would remain in substantial conformance with the approved preliminary plat, or if the proposed revisions are not in substantial compliance with the approved . p~~liminary plat. At the September 19,2005, LUTC meeting, City staff provided an overview of two revisions to the Cottages at Hoyt Road preliminary plat, which were requested by Trinity Land Development. The September 13,2005, staff report to the LUTC is attached to this memo as Exhibit E. Following discussion of the proposed revisions at their September 19, 2005 meeting, the LUTC requested further information regarding five items as discussed below. Each LUTC request is identified in bold, and the City staff response follows each item Cottages at Hoyt Road Revised Preliminary Plat File #05-104602~-AD I Doc ID 33336 . LUTe Memo Page I , ~. 1. The LUTC reql!ested information regarding the appearance of the proposed retaining walls. ~. ,,~ Staff Response: The applicant has provided engineering plans, cross sections, elevation views, photos, and catalog samples of the proposed retaining wall design and materials (Exhibit A). The proposed walls are made of rough face concrete block. For this project, which is currently under construction and had an unexpected ten-foot error in the topographic survey, the proposed retaining walls substantially comply with the approved preliminary plat, provided the condition recommended by City staff is approved. 2. The LUTC requested the developer to meet with neighbors regarding proposed revisions to the preliminary plat including proposed removal of trees within the perimeter Native Growth Protection Easements (NGPEs) and proposed re-veget?'tion plans. StaJJResponse: Following discussion of the proposal at the September 19',2005 LUTC meeting, the applicant and City staff met with neighbors of the Cottages at Hoyt Road project. The developer has also scheduled a meeting with several neighbors at the site on Wednesday, September 28, 2005. 111.is report was prepared prior to the meeting; therefore, the developer will update the City Council committee on this topic at the October 3,2005 LUTC meeting. City staff will attend the site meeting. 3. The LUTC requested the developer to provide a survey showing the location and extent of encroachments into the NGPEs during site construction. StaJJ Response: On September 26, 2005, the developer provided City staff with a survey of the areas where construction activities encroached into the NGPEs. The survey map shows . approximately 14 areas of encroachment. The areas of encroachment range from sizes of a couple feet of depth and width, to the largest encroachment area approximately 80 feet in width and 80 feet deep at the widest location (Exhibit B). Please see item five below, regarding restoration and replanting ofNGPE construction encroachment areas. 4. The LUTC requested a copy of the arborist report prepared for the City to review the developer's arborist report by Washington Forestry Consultants. Staff Response: A copy of the Septem~r 14, 2005, report and findings by Urban Forestry Services Inc, reviewing the fmdings of the Washington Forestry Consultants September 2,2005, report is attached (Exhibit G). Following the September 19,2005 LUTC meeting, City staff requested our consulting arborist . to conduct an additional site visit to evaluate and report on the following: a) NGPE trees which have been impacted by approved construction which are now subject to root disturbance; b) NGPE trees which have been impacted by unauthorized encroachment into the NGPEs; c) trees located in the NGPE which were dead, dying, or dangerous prior to plat construction; and d) perimeter NGPE trees remaining which are exposed to wind throw as a result of site development. A copy of the forthcoming arborist report will be provided to LUTC members at the October 3, 2005 meeting. Cottages at Hoyt Road Revised Preliminary Plat File #05-104602-OO-AD I Doc ID 33336 LurC Memo Page 2 . ~ 5. The LUTC requested a plan be prepared by the developer for restoration and re- vegetation of the following areas: sloped areas cleared through plat construction; areas of unauthorized clearing in NGPEs; and areas in NGPEs where the developer is requesting to remove hazardous trees. Staff Response: On September 27, 2005, the applicant provided preliminary landscape plans by Barghausen Consulting Engineers (Exhibit D) for the following areas: additional areas proposed to be cleared as a result of the proposed grade changes; areas of unauthorized clearing in NGPEs; an additional expanded NGPE generally located between the eastern NGPE arid the easternmost retaining wall; and areas in the NGPE where the developer is requesting to remove hazardous trees. The preliminary landscape plan prepared by Barghausen Consulting Engineers does not implement landscaping with native trees, shrubs, and groundcover to the extent City staff considers appropriate in each of the affected areas described above. Therefore, staff has recommended a condition of approval pertaining to landscaping. For this project, which is currently under construction and whereby an arborist report has been provided to the City describing approximately 25 potentially hazardous trees on the site, removal of the additional hazardous trees is warranted. The proposed tree removal and proposed re- landscaping substantially complies with the approved preliminary plat, provided the conditions recommended by City staff are approved. II. LUTC OPTIONS Two options were provided for the LUTC consideration in the September 13, 2005 staff report (Exhibit E). m. MODIFIED STAFF RECOMMENDATION City staff recommends the LUTC fOIWard to the City Council and direct City staff to prepare a resolution, finding the modified preliminary plat in substantial compliance with the approved preliminary plat, subject to conditions I and 2 below, and allowing the applicant to proceed to engineering design, final landscape plan design, and construction of the modified preliminary plat subject to the following conditions: L A landscape plan shall be prepared by a landscape architect in consultation with a certified arborist for approval by the Deparbnent of Community Development Services. All landscaping shall be installed prior to final plat approvaL , The intent of the landscaping is to mitigate for loss of vegetation during the site development. The landscape plan shall be designed to replant the NGPE's and impacted construction areas with appropriate sizes and types of native trees~ shrubs, and groundcover in all areas, to provide an extension of the existing remaining forest community on the site. The landscape plan shall address each of the following: a. All areas ofNGPEs impacted by hazard tree removal. b. All areas ofNGPEs impacted by unauthorized clearing. c. The expanded easterly NGPE area, generally located between the approved Cottages at Hoyt Road Revised Preliminary Plat File #05-104602~ADI Doc ID 33336 LUTe Memo Page 3 I -...... ""- ,I eastern NOPE boundary and the eastern most retaining wall, on all the lots along the east side of the plat. d. All areas outside NOPEs and outside lot areas that have been cleared as a result of plat construction. e. Existing mature vegetation shall be retained in the NGPEs to the maximum extent possible. f. Appropriate irrigation systems shall be provided for the planted areas. 2. The retaining wall design shall be approved by the Director of Community Development Services, shall include wall design with a maximum height of 10 feet above grade, and shall promote residential design themes through such means as terracing, orientation, color, material selection, anti-graffiti treatment, vegetation screening, pattern, and ~extural treatment. EXHIBITS A. Retaining Wall Design Material~ B. NGPE Construction Encroachment Map C. Arborist Report by Urban Forestry Consultants, September 14, 2005 D. Preliminary Landscape Plans by Barghausen Consulting Engineers, September 27, 2005 E. September 13,2005, Staff Report to the LUTC with Exhibits !Approval of Committee Report ~ack Dovey, Chair Michael Park, Member Eric Faison, Member Cottages at Hoyt Road Revised Preliminary Plat File #05-104602~-AD I Doc ID JJJJ6 LUTC Memo Page 4 MEETING DATE: October 4, 2005 ITEM# ~CM)- ...................- ................................ ........ ......................................................................................m............ ........................ ........... ................._._._............. ._................... . ,_".". ._.......................................... .............. .............. .............. CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Cottages at Hoyt Road Preliminary Plat Modifications, File No. 98-104394-00-SU & 05-104602-AD ..........- ........................ m............_.................... .. ............._................._...._..._... ...n. m........._................._.............._........ ....... .........................__..... ............... .......-.................-............_-... .....__..................... ...m................._......... .................................._............_-.....~...... CATEGORY: BUDGET IMP ACT: [;g] CONSENT o ORDINANCE Amount Budgeted: $N/A [;g] RESOLUTION o PUBLIC HEARING Expenditure Amt.: $N/A D CITY COUNCIL BUSINESS o OTHER Contingency Req'd: $N/A ....-..-- ...................-.--...............-.....-...........-....--.._.~ ............_.._......._....._..._......._.._.__.._._.~...._._....._._.............._........~............_-~.... .............._..............__..~..............~- ......... .......-...-...-..-........-.....--........-.......-.--....-..--.-.._..._..-.~-_....._--- ......._.._.._._._._..-~.... ATTACHMENTS: September 27,2005, staff report with attachments to City Council Land Use/ Transportation Committee, and draft Preliminary Plat Modification Resolution. .......--..-..-.-..-..-......-.........-..--..........-.......-..-........-_..~....H.~...._._..._.._._...._....~_......_.........___..__........._...__......._.............._..._........._......__......_..............__............______H...._.._.........m....._...._..._......_....._..__...__.........._....................._.._.....___......._.. SUMMARYIBACKGROUND: The applicant has proposed modifications to a preliminary plat that was approved by the City Council on October 16, 2001, and revised July 6, 2004. Specifically, the applicant has requested to revise the design of the approved preliminary plat, including modifYing the slopes and retaining wall configuration along the northwest portion of the approved preliminary plat, slightly re-align the northern roadway, remove potential hazard trees in the native growth protection easements, and replant areas where trees and vegetation have been removed. Modifications to the preliminary plat will result in the construction of approximately 100 linear feet of retaining wall extensions along the northwest portion of the site, addition of a new approximately 325-foot-long retaining wall, an increase in the height of existing and proposed retaining walls, steepening of slopes along the northwest portion of the site, increase the area of clearing and grading, slight re-alignment to the northern roadway, and the removal of mature trees within the NGPE and replacement with new plantings. _m...__H...._...._._..__.._.H.._._._..._....._........__.._............_......................~......._..............._...._.........._.__........._._..._.._..._..._........__.........__...._.............._..~_........_...._.._...................__.__.._...._...~......._.........................._.........._........._._......_._.............._....._..____ CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC voted to recommend to the full City Council conditional approval of the Cottages at Hoyt Road preliminary plat modifications, finding the modifications in substantial compliance with the approved preliminary plat. .....-.....-.....-..-.................-...-.....................-....-.....- .. .............--....~..-.-..-......-~..._....,-..................-..-............-...-.....--.........-..-..-................-........-.--.--................----.-.-...................-..........-..........-....-...................--..................- ..... ... .. ............ ..... -...........................~._............~.....__...m PROPOSED MOTION: "1 move approval ofthe Resolution conditionally approving the Cottages at Hoyt Road preliminary plat modifications as recommended in the September 27,2005 staff report." ~~~=~:~~~:-;P::::-~-- --- -- - ..---. H. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1 ST reading 0 T ABLEDIDEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASIDNGTON, MODIFYING THE APPROVED PRELIMINARY PLAT FOR THE COTTAGES AT HOYT ROAD, FEDERAL WAY FILE NO's. 98-104394-00 SU and OS-104602-00-AD. WHEREAS, on November 16, 1998, the applicant, Mr. Rick Williams, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as the Cottages at Hoyt Road and consisting of 16.4 acres into forty (40) single-family residential lots located in the 33300 Block of Hoyt Road SW, on the east side of the street; and WHEREAS, on May 26, 2001, a Mitigated Determination ofNonsignificance (MDNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEP A), RCW 43.21 C; and WHEREAS, pursuant to City Council Resolution 01-349, on October 16, 2001, the City Council approved the Cottages at Hoyt Road 40-10t preliminary plat, in compliance with Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all other applicable City Codes; and WHEREAS, on July 6, 2004, the City Council considered the applicant's request for a revision to the preliminary plat, and found the revised preliminary plat in substantial conformance with the approved preliminary plat; and WHEREAS, the Cottages at Hoyt Road plat is currently under construction, and the applicant found during the course of construction that the topography along the northwest portion of the site was not properly surveyed, and the survey shows the topography 10 feet higher than field conditions; and WHEREAS, the applicant has provided a tree evaluation identifying up to 30 trees on-site and off-site that are deemed potentially hazardous, and the City's third party arborist has identified an additional eight on- site potential hazard trees to remove, and 14 trees to monitor; and WHEREAS, on September 10,2005, the applicant, Trinity Land Development requested to modifY the preliminary plat as follows: modify the slope and retaining wall configuration along the northwest portion of Res. # , Page I the approved preliminary plat, slightly re-align the northern roadway, remove potential hazard trees in the native growth protection easements, and replant areas where trees and vegetation have been removed; and WHEREAS, on September 19,2005 and October 3,2005, the City Council Land Use/Transportation Committee (LUTq considered the request for the preliminary plat revision, found the revised preliminary plat in substantial conformance with the approved preliminary plat and voted to forward a recommendation for conditional approval of the Cottages at Hoyt Road revised preliminary plat to the full City Council. Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusion. The findings offact and conclusion of the Department of Community Development Services September 13,2005 memorandum and September 27,2005 memorandum and recommendation to the LUTC, are hereby adopted as the findings and conclusion of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a fmding, shall be treated as such. Section 2. Application Approval. Pursuant to FWCC Section 20-136(b), based upon the recommendation of the Department of Community Development Services and findings and conclusion contained therein as adopted by the City Council i~ediately above, the revised preliminary plat for the Cottages at Hoyt Road, Federal Way File No's. 98-1 04394-00-SU and 05-1 04602-00-AD, is hereby found to be in substantial conformance with the approved preliminary plat, and such revisions are hereby approved subject to all requirements of the Federal Way City Code and conditions contained and referenced in City Council Resolution 01-349, City Council Resolution 04-416, and the September 27,2005, staff report to the Land Use/Transportation Committee. Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this Res. # , Page 2 resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS_DAY OF ,2005. CITY OF FEDERAL WAY MAYOR, DEAN MCCOLGAN A TrEST: INTERIM CITY CLERK, JASON SUZAKA Res. # , Page 3 ApPROVED As To FORM: ClTY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED By THE CITY COUNCIL: RESOLUTION No. Res. # , Page 4 ~ CITY OF ~ Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES MEMORANDUM DATE: September 27,2005 To: Jack Dovey, Chair Land UselTransportation Committee FROM: Jim Harris, Senior Planner ('J \\. ~ WIlham Appleton, Development ServIces Manager VIA: David M~er RE: Cottages at Hoyt Road Revised Preliminary Plat Application No's. 98-104394-00-SU and 05-104602-00-AD MEETING DATE: October 3,2005 I. STAFF OVERVIEW Trinity Land Development has requested to revise the design of the Cottages at Hoyt Road preliminary plat, which is currently under construction. Specifically, on September 10, 2005, the applicant requested modifications to the approved preliminary plat as follows: modify the slope and retaining wall configuration along the northwest portion of the approved preliminary plat, and remove up to 30 trees located within Native Growth Protection Easements (NGPE) around the perimeter of the site. Proposed changes to the Cottages at Hoyt Road preliminary plat are significant enough to warrant review by the Land UselTransportation Committee (LUTC) and City Council in order to detennine if the resulting plat would remain in substantial conformance with the approved preliminary plat, or if the proposed revisions are not in substantial compliance with the approved . pr~ljminary plat. , . At the September 19, 2005, LUTC meeting, City staff provided an overview of two revisions to the Cottages at Hoyt Road preliminary plat, which were requested by Trinity Land Development. The September 13, 2005, staff report to the LUTC is attached to this memo as Exhibit E. Following discussion of the proposed revisions at their September 19,2005 meeting, the LUTC requested further information regarding five items as discussed below. Each LUTC request is identified in bold, and the City staff response follows each item. Cottages at Hoyt Road Revised Preliminary Plat File #05-I04602~-AD I Doc ID 33336 LUTC Memo Page I . 1. The LUTC requested information regarding the appearance of the proposed retaining walls. Staff Response: The applicant has provided engineering plans, cross sections, elevation views, photos, and catalog samples of the proposed retaining wall design and materials (Exhibit A). The proposed walls are made of rough face concrete block. For this project, which is currently under construction and had an unexpected ten-foot error in the topographic survey, the proposed retaining walls substantially comply with the approved preliminary plat, provided the condition recommended by City staff is approved. 2. The LUTC requested the developer to meet with neighbors regarding proposed revisions to the preliminary plat including proposed removal of trees within the perimeter Native Growth Protection Easements (NGPEs) and proposed rc-veget.ation plans. Staff Response: Following discussion of the proposal at the September 19", 2005 LUTC meeting, the applicant and City staff met with neighbors of the Cottages at Hoyt Road project. The developer has also scheduled a meeting with several neighbors at the site on Wednesday, September 28, 2005. This report was prepared prior to the meeting; therefore, the developer will update the City Council committee on this topic at the October 3, 2005 LUTC meeting. City staff will attend the site meeting. 3. The LUTC requested the developer to provide a survey showing the location and extent of encroachments into the NGPEs during site construction. Staff Response: On September 26, 2005, the developer provided City staff with a survey of the areas where construction activities encroached into the NGPEs. The survey map shows approximately 14 areas of encroachment. The areas of encroachment range from sizes of a couple feet of depth and width, to the largest encroachment area approximately 80 feet in width and 80 feet deep at the widest location (Exhibit B). Please see item five below, regarding restoration and replanting ofNGPE construction encroachment areas. 4. The LUTC requested a copy of the arborist report prepared for the City to review the developer's arborist report by Washington Forestry Consultants. Staff Response: A copy of the September 14, 2005, report and findings by Urban Forestry Services me, reviewing the findings of the Washington Forestry Consultants September 2,2005, report is attached (Exhibit C). Following the September 19,2005 LUTC meeting, City staff requested our consulting arborist " , to conduct an additional site yisit to evaluate and report on the following: a) NGPE trees which have been impacted by approved construction which are now subject to root disturbance; b) NGPE trees which have been impacted by unauthorized encroachment into the NGPEs; c) trees located in the NGPE which were dead, dying, or dangerous prior to plat construction; and d) perimeter NGPE trees remaining which are exposed to wind throw as a result of site development A copy of the forthcoming arborist report will be provided to LUTC members at the October 3, 2005 meeting. Cottages at Hoyt Road Revised Preliminary Plat File #05-104602-OO-AO I Doc 1033336 LUTC Memo Page 2 5. The LUTC requested a plan be prepared by the developer for restoration and re- vegetation of the following areas: sloped areas cleared through plat construction; areas of unauthorized clearing in NGPEs; and areas in NGPEs where the developer is requesting to remove hazardous trees. Staff Response: On September 27, 2005, the applicant provided preliminary landscape plans by Barghausen Consulting Engineers (Exhibit D) for the following areas: additional areas proposed to be cleared as a result of the proposed grade changes; areas of unauthorized clearing in NGPEs; an additional expanded NGPE generally located between the eastern NGPE and the easternmost retaining wall; and areas in the NGPE where the developer is requesting to remove hazardous trees. The preliminary landscape plan prepared by Barghausen Consulting Engineers does not implement landscaping with native trees, shrubs, and groundcover to the ex.tent City staff considers appropriate in each of the affected areas described above. Therefore, staff has recommended a condition of approval pertaining to landscaping. For this project, which is currently under construction and whereby an arborist report has been provided to the City describing approximately 25 potentially hazardous trees on the site, removal of the additional hazardous trees is warranted. The proposed tree removal and proposed re- landscaping substantially complies with the approved preliminary plat, provided the conditions recommended by City staff are approved. U. LUTe OPTIONS Two options were provided for the LUTC consideration in the September 13, 2005 staff report (Exhibit E). ill. MODIFIED STAFF RECOMMENDATION City staff recommends the LUTe forward to the City Council and direct City staff to prepare a resolution, finding the modified preliminary plat in substantial compliance with the approved preliminary plat, subject to conditions I and 2 below, and allowing the applicant to proceed to engineering design, final landscape plan design, and construction of the modified preliminary plat subject to the following conditions: l. A landscape plan shall be prepared by a landscape architect in consultation with a certified arborist for approval by the Department of Community Development Services. All landscaping shall be installed prior to final plat approval. ! 1)1e intent of the landscaping is to mitigate for loss of vegetation during the site development. , -The landscape plan shall be designed to replant the NGPE's and impacted construction areas with appropriate sizes and types of native trees, shrubs, and groundcover in all areas, to provide an extension of the existing remaining forest community on the site. The landscape plan shall address each of the following: a. All areas ofNGPEs impacted by hazard tree removal. b. All areas ofNGPEs impacted by unauthorized clearing. c. The expanded easterly NGPE area, generally located between the approved Cottages at Hoyt Road Revised Preliminary Plat File #05-104602-OO-AO I Doc 10 ]3336 LUTC Memo Page 3 . ,< lightweight Components <c Unique Design and High Connection Strength Construction Flexibility to Geotextile Easy Installation Hybrid Walls Create Fences, Pillars, and Vertical and Battered Walls Planters with the Same Variety of Colors & Textures Components GravityStone4t is a patented segmental system that equips designers and contractors with an innovative building product for RETAINING EARTH and constructing above-grade BARRIERS. GravityStone utilizes two separate and standard design methods: M.S.E.. a~d Modular, while a third, hybrid design, is created by joining the two. Mechanically Stabilized Earth Systems have grown dramatically since combining Geotextiles with cost effective and attractive S.R.U:s. GravityStone enhances the M.S.E. advantage With its unique design that allows multiple solutions for a site. When used with Geotextiles, the units and assemblies comprising GravityStone provide high connection strength. and unique design flexibility to fit the changing needs of a site. GravityStone's three units and assemblies provide distinct capabilities. For Fill sites of intennediate height (6-15 feet tall) GravityStone's Standard Unit used with Geotextile provides the most efficient and cost effective SOlution. The Standard Unit is an easy to handle 12" deep block that contains approximately 45% open area. This logical design is ergonomically correct and functionally proper. allowing ease of handling during construction, and high connection strength. Cut or Fill sites requiring walls taller than 15 feet are most economically served with the Mini-Cell assembly used in conjunction with higher strength Geotextiles. Mini-Cell's lightweight components easily assemble, into a deep, stable face that allows over 50% of the Geotextile to be eliminated from a standard design. Wall designs often require barriers (fences), on top, that provide fall protection or privacy. GravityStone accommodates this requirement with its modular components. By simply connecting two Thin Faces together with an AnchorlJunction, double sided walls easily interlock and continue from a-top the retaining wall. In doing so the walls blend beautifully together, providing benefit of appearance. design, and construction. Barrier wall assemblies can be of various widths, and used for planters, or pilasters. When utility space immediately behind the wall is at a premium, or when lower sections of an embankment require a cut. Hybrid Walls are the most applicable design. Hybrid Walls combine the function of M.S.E. and Modular, and are utiiized vertically, one on top of the other. Gravity5tone Single-Cell- is the most applicable assembly for Hybrid designs. The 32" deep Single Cell provides increased space, that is Geotextile free, in the upper regions of a MSE wall. This provides more room for utilities immediately behind the wall. When reversed, with the Modular wall design used below MSE, the narrow Modular cross section saves excavation. thereby lowering costs and installation time. For all GravityStone Walls the Dual-batter Alignment Plug provides alignment and shear resistance to assure accuracy and strength of construction. RECEIVED BY COMMUNllY DEVELOPMENT OEPART~~W GravityStone is the ONE product that adjusts to the varying conditions of sites and soils an at is why GravityStone is SO SIMPLE, SO ADVANCED. SEP 27 2005 - See GravityStone Modular literature GravityStone@ Specifications at a Glance STANDARD UNIT CORNER BLOCK Dimensions 11.8" x 8" )( 18" Dimensions 5.8" x 8" x 15" Weight 75 pounds Weight 45 pounds Face Area 1.0 sq. ftJunit CAP BLOCK THIN FACE BLOCK Dimension 11"x4"x18" Dimensions 5.8" x 8")( 18" Weight 60 pounds Weight 60 pounds GENERAL INFORMATION Face Area 1.0 sq. ft/unit Compressive ...^__.... A nnro Absorption ANCHOR/JUNGiaN BLOCK Dimension, Dimensions 4.6")( 8")( 11.6" - Weight 30 pounds COLOR Check with - Actual unit dimensions, weight. and availabitity may vary or change w Contact the manufacturer for details. <, lEVELING PAD PLACE GEOTEXTllE Prepare a foundation by over FoIlll11Ving the engineers design, excavating, filling in, and compacting the specified place the Geotextile at the proper course and to the aggregate to the desired grade. sPecified length: Make sure A small amount of bedding that the Geotextile is in full sand can be placed over the contact with the soil. compacted aggregate to assin in final leveling. PLACEMENT OF STACK ADDITIONAL FIRST COURSE COURSES Starting at the lowest elevation. Contin!.!e sta!:kingthe wall to place a string line to locate the the appropriate height. IladfiII front face of the wall. Position and compact af\!ireach course the first course of block to the using drainage a?gregate line. Using a level and a rubber and soil as desi?nated.Repeat mallet, level each block side to the process oLplacing side and front to back. Geotexlilta at the. locations as determiriedby the engineer. PLACE PLUGS CAP THE WAll After completing each course. Once the body Of the waD is place a GravityStone@ Dual- compl~e and backfilled, BatlerAligninent Plug into p~nent/y affix a S<)lid each of the two "T"-SlIaped GravityStorie@eap IllOO: to the Plug cores cast into the top of face B1ockl,lsinganapproved each .Face Block. Placing the concrete adhesive, Plate 1/4' GravityStone Alignment bead Of adhl!sive.~ to the Plug in the fOlWard position wall face on. both. sides of the will create a' vertical wall, pluglJoles.l'tdcetheClp BIod reversing the Plug willcr~teCOMMUN Onto the <id~ maliin9sure a 1/12. (4_5 degree) batter. of it's properpos!tion PLACE DRAINAGE DRAINAGE SWAlE AGGREGATE jo minimize watei' infiltration, place a?gregate inside. between, place a i;lrainag~swaleat the and at least 12" behind each to~of the walt This di.verts block. Backfill behind the surface water from infiltrating drainage aggregate with soil. into the face drain,infill, and from flowin~ over the top of the wall. USI1" low ~bility . solUayer abQiie'afilter bh.-ic e - BACKFill AND COMPAU .,.. After "99n!9ate alidb,li;kfi1Ihave FINISHGRADI":'u bel!Oplact::d. tom~aq the.So11 f1i1is!l?~dl!~ ~~ with a \'ibt;lt()(ycofl1pactor to plilc;in9an~ compactiogfill thepr~ derJSltY- SlNei!p. debris above the top of th.e. waIl~Od . frtlnl thettip qf the bloi:kSbetore ;l~thetoe9f1h~ walt When $t.;irtingthe n~ bloCk COurse. laodSl:iJpif1!l~iod ()f'.lofront of the wall. the fini~h gr'jlde shoil'.:! be.at least 4;low.IO proville fQr top~oil, seed, sod, or other landscaping treatments as specified in +h40 u..,.11 .....,...;........ ery GravityStone@ wall installation requires one or more unique details to fit the wall to the site and ensure long-term I rformance of the system. This section provides many of the standard installation details routinely executed on most M.S.E. I :>jects. A knowledge of the GravityStone components helps in understanding these installation details. I I i Geotextile Hybrid Walls I Radius I Corner Inside Modular* IMSE I Detail When space at the top and immediately behind the wall is at a premium, create I a utility easement by topping the MSE wall with the structurally independent 1 , modular units I i 90' Comers ; Outside Radius Comers Outstde Utility 0 .~ 900 Corners Inside . .~ MSE ~ GeoteKtile Reinfol"cement Block Corner Mini-Cell Outside Corner MSElModular* Detail When a site has a short cut, minimize excavation by using the narrower Modular wall design in the bottom ; ; Standard Unit section and a MSE wall design in the i Comer upper fill section. I "---- I Standard Unit I I Corner I 2/ 5 I SEP " f Geotextile I Reinforcement I Mini-cel/ Convex Modular j ----- ! i I Standard Unit Concave I I I - .. , ,-,' p, 1 .'" A i /l 8 COMPONENTS c [ E STANDARD UNIT f ( Depth 12M ~ FACE BLOCK Application: Conventional walls I The Thin t Face Block less than 4' tall, and is available in reinforced Geotextile ; straight and walls on fill sites up J curved split to 15' tall. faced texture I and a variety ( of colors. Cast into each Face MINI-CELL Block are the Depth 20M t Alignment Plug I cores and Female Application: Gridlock.. Conventional walls I less than 6' tall, and ANCHOR! reinforced Geotextile ~ JUNCTION walls above 15' tall. BLOCK Two Anchor Junctions connected together BARRIER WALLS provide depth Width 21" and a tail to the Mini-Cell Application: assembly. Fen~bVED BY ,O~~riers. LOPMENT DE 'lP 2 j" lOO~' ") .' CORNER BLOCK Geotextile The Thin Face Block Geotextiles reinforce doubles as a comer the soil in the zone when altered, behind the wall, and providing are placed between continuity in color and courses of block at texture. designated locations. . CAP BLOCK The Cap Block is available in colors and textu res to match or highlight GRIDLOCK~ DETAIL ALIGNMENT PLUG the Face Block. The modular components The Dual-Batter Plugs assemble into cells by sliding align the GravityStone"' the male and female Gridlock'" Face Units and establish connectors together. wall batter. /, J" .... ~ 1.~.2-;:~" ~q , .. . "\ I\,~":" ,. 11!.: I" ", ~ . '.I. ~ S,;t. " .'t.. .<j.:.~;.i :II . ~~~.: j ;1i~j!, , . ~ ~' ~, ~." .~ . ~..~ ~ -' . . . . . ; ... ... ";-~\'>:'''''''.,''t;~\- .,)'ifi:; ,j :~J~t~ : . I . .t\.' - ~f~. "-"~.:~'. ~..,,'} ...... .~ \.'~"'''''' ..! ',.: 'v';:,'wff "'it . ; ':'~.. ~.- !, '. ", ~'\.;. ,l.'.. '/:',' .. ~ -'~...,>.. _ito.... -. i i:.,. ; _ ", "'...~ :i~y/~ti~~;~~'rs~:';i,;'~'~ f.~> . ... '.' i-, . . ~'r; , :~ ,: ..",.._1; '.' . ...~\;;,., M,"""'jJ'~'~ -..: ..'-:,._,,;~,:~ ',......'.... .....:); . il ~.'.i -.. ' . '''', . ~~;', r';" . .. ~ . '. ' I.... . . ..'..... . :Y.'.' , "~"':(i;F' ~!' .......-. " .1..... ..;.~ ". . 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Significant reduction in soil export required after final plat to construct homes Under the original plan, once the roadway and utility improvements are completed, extensive excavation and export of material will still be required to prepare the lots for construction of new homes due to the resulting 2: 1 slopes that will be created on nearly all of the upper lots. This will result in approximately 60,000 cubic yards of additional excess export material that will need to be hauled off the site. Under the proposed plan, very little additional earthwork and grading will be required since the future lot grades will be established as part of the construction of the roadway through the balanced earthwork design. 3. Reduction of exposure to erosion through reduction in slope areas prior to home construction Under the current design, significantly more disturbance and potential for erosion will occur as a result of the steep slopes created along nearly all of the upper lots during the roadway and utility construction phase. Although these slopes will be required to be stabilized, significant excavation and disturbance to all of the lots will again be required during construction of the homes to prepare the building pads. This significant disturbance, excavation, and export of material from the site will continue throughout the construction phase of the homes, which is anticipated to be completed within two years. Under the proposed modification, much less disturbance, excavation, and export will be required for construction of the homes since the flat pad sites will be essentially created during the roadway construction work. The disturbed areas can then be stabilized after construction of the roadway improvements and remain stabilized during the home construction phase, significantly reducing the potential for erosion. j 4. Addition of permanent tree protection area along Hoyt Road Under the current plan, no permanent undisturbed buffer will be provided along Hoyt Road and a majority of the northeast comer of the site will be cleared and extensively graded to create new lots. Under the proposed modification, a 40- to 50-foot-wide by approximately 6OO-foot-Iong strip of native trees and vegetation will be maintained as a permanent buffer along Hoyt Road as shown on the enclosed plans. In addition, the entire northeast comer of the site will remain undisturbed except for minimal grading and sloping as required for construction of the roadway. The amount of permanently undisturbed area under the original approved grading plan is approximately 2.4 acres. The amount of permanently undisturbed area under the proposed modification is 7.1 acres. ,.'~' . ., Urban f.orestry Services, Inc. Arborlcultural Consulting I Wholesale Tree Nursery COMUu " EDBY NIlY OEVELOPMENT OEPAATMENT Site Visit: The Cottages at Hoyt Road SEP 1 6 2005 Prepared For: Mr. Jim Harris Senior Planner City of Federal Way Prepared By: Urban Forestry Services, Inc. James M. Barborinas Registered Consulting Arhorist #356 ISA Certified Arhorist #PN-0135 and Deb Powers ISA Certified Arborist #PN-1465-A Date: September 14, 2005 CONTENTS Summary Introduction Findings and Recommendations Assumptions and Limitations Summary '-H,' ., '.". . After a site visit and.,F~~e~~Vth~,~arkedtrees <W ~tt*~Y~~~fqt~~try SerVices~ ... ",;",,',,' ~~=)b~:~~~l~'t'~~~~~~.t~~~;~~ ;;; total of thirty trees b(}$iem(fV~~ OIi'Q'r adjacent to'tbe d~~~lp~~~~t.iM?~~;~ttbese tr~,~s '. have sustained seve~~'t~9t dafu~ge<fj:oIIl site clearing, '*~l~;&d1fi:~h~v~inh~r€iJ.t characteristics or cql.iditi&zts dee~g,them, t66 hazardoust~,~:~t:s'r<f~ntia~,~fea: , ;,.--. -", .,0 :, . _,,''1:,..,.\.. _ ',. .,'^ --:_.. . ' In addition, i~ ~~ ~~ located ~. pn:~~\~dt~erel!4~~~ affected by site clearik6f\tl1at w~r~~left rerp(lininldf%iru~Mexpo~~a 10c~tit)ns.T1iiSe ,,<" trees will likely becom~:'h..az-3rQ.ous,~ well, We'r~Ql,jup~ji~I"th,!!, a fOllo\y,-uli-tiee,' '., /, evaluation be conducted to Qet~fn1ihe which additrQi!~~~ftees,'4~'tonsidit~ hazara(1~~~,\"> O~erall, there does not appeatt(klJ~any treepr()te2tl~h t~lyffqu~s b~ingiInplemeiif&i()~:J; , the site. . ,".,' ,,;: ..... ..... .' 1.5119 Mclean RO,ad Mount Vernon, WA 98273 Office (360) 428-5810 Fax (360) 428-1(J22 Cell (360) 770-9921 Email: jimb-ufsinc@wavecaple.com Plannina. Manaaina. & Restorina Urban Greensoaces www,urbanforestrvservices.com Introduction As requested by Mr. Jim Harris of the City of Federal Way, Urban Forestry Services was contacted to determine the accuracy of a Tree Evaluation by WFC regarding a forty lot single-family subdivision in Federal Way. This site, called The Cottages at Hoyt Road, is currently under construction. We reviewed the WFC report and visited the site on September 13,2005. We made no additional markings on the trees. Random trunk: diameter measurements were taken to verify the accuracy of those in the report. We followed the numbered order, starting in the southwest comer of the parcel. Findings and Recommendations The assessed condition of all thirty trees is accurately stated in the report by WFC. It is also our Photo 1. Edge trees may not opinion that these trees be removed or cut to a safe be wind firm and are height wildlife snag. ill addition, the remaining susceptible to root damage, buffer along the south side of the development is less sunscald and potentially high' .. than 20' wide and includes a number ofhigWy exposed Doug Fir not included in the removals list \XI'1nrl~ We observed a number of trees not included in WFC's report that have been severely impacted by the clearing cut, which probably occurred after the WFC tree evaluation. Most of these trees are located along the east side of the development. Along the road cut, there is survey staking designating the Line of Clearing, without any apparent measures taken to protect the remaining trees. These remaining trees will become hazardous or lose vigor due to significant root loss and damage as well as soil compaction. We recommend they be re-evaluated as well. For example, there are three unmarked Douglas Firs adjacent to Trees #19 and #20. They measure (31", 31", 20"), larger than the two urnnarked ones noted on the report. They are minimally affected by the road cut at this time but Photo 2. No tree protection should be protected from further construction damage techniques have been ifthey are to be successfully retained. implemented on site. Also, along Hoyt Road SW is an area marked 'To Remain Undisturbed' on the site map. As stated in the WFC Recommendations, we recommend further tree evaluation during and a'fter clearing and grading iri this area since it is' fairly narrow. . In the future, at least basic tree protection methods such as fencing and signage should be implemented on site. A pre-construction meeting with the contractor, root pruning, root treatment, root zone protection, and periodic monitoring should also be considered as needed if long-term tree retention is to be accomplished. Please call our office (360) 428-5810 if you have any questions regarding the trees at The Cottages at Hoyt Road. s::: z 0 :::0 s::: 0 > 0 ! ~ ~ ):> ~! ~ ~ ~ ~ I~I <0 I~ ~ ~ i5 -.....J :<!li::$ 0 I;~ ~ ~I ~i ~ i ,,~ c.> ~ ~ ~ i ~ ~ ,,~----j m ~ il!f IIIU~! m ~ ~I!i i~! h >< I ~ ,~-: j~f~ ~ \;l CD =i ill Ii U ~ " ,,~ ~ :;1 ~ ,,"-1 ~ !!lI!; 111'liU! ~ ! i!~ ~ i~!i ~~ 'f jM ~i ill ~~ ~~ ~ - ~ - ~ ~ 0 - -mNTY l..AN) oeva.OAelT ~ MClOFlCATION 9/'17/05 310 29'TH 8TREET NE OPEN SPACE EXtBT PUYALLU'. WA 98372 FOR COTTAee3 AT HOYT ROAD no, P;\I'ooo.\\I'~2\on,;-,"",\"'I\""Jl-l.Al'OO-L".'"9 DoI./T.....' 0!I/n/2~ ",49 Stol., ,.~ .'0<<1'" X..,", "U~1-1,II'Jl'*.02, ...- -- ...-....- ---- -~09~-..,..-"-...,.,.., t/>.S ...,~- -- ...... '\ II O! .'. II -~ -lE F l. 1 ---- --.. -. ~"-j ------ ill: m~i!l'" a_~..._.. .' '\.. I'; ,~ , 'I!i I!~! h , , -f~ iM ~~ it i ~~ ! ~~ 111'11'" .:':-:: '" t' it ~~N! Uu .i: I j aa ~ ~ ~ ~ i ' ~ ~ ~ . ,'!'R Iy; ~ ~~'~I I !I!!~ ~~~w fl ~~f.' a. ~>< ; I~~~ -iil" I " ~ ~ . II!l' f:I!t ~il~ ~~ ~C1 ! ~~~ ~m~ ~~ Ill! I <:i ~ ~ I l ==-1 "'~~i~ :;; F ~2 i:jiill ~ ~ ~~ U~i -~"-j 2r ~~ !llIli Ii I~III;~ ~n ffi ~ ! i ~~ii ~ ~18 r 0 ~ ~~.~~ - i ~~ I! Ij! i 8 ~ < > ~ ; : ~B - ~~ - ~~ ~ ~ -.'-.' o _~ III ~~ i "! ~ n ~~ i ~ > !t r1 !;!g ;;\ '" ~- " a '" ffi ~. 00.. ~ too ,.." 1..- "'1 ~""M' ~GHA 182\!l 12NO ,-.vENUE SOutH h',,_...AI.. .- Foo - n432 :it',\<, K[NT, WA 98032 1l'...h......J,olA, ...h....... TRINITY LAND DEVELOPMENT MINOR MODIFICATION 9/27/05 TO 4> ~~ (425)2SI-U22 thO...... -.AI. ,'all 310 29lH STREET N,E. WALL PLAN - CONCEPT LANDSCAPE PLAN - {42S)2!l1-e182 'foX ,,~, .~ l .._......Ad. ow\l.., PUYALlUP, WA. 98372 FOR ~~("~'~:::\,.-' cr"l [kCltI[UI/'l'.1.NfO 'Vo'lIilHG, ". L2 3 su~C,tH'MOI()l{I4TAl.S[lMCtsf>ol....I.l1UR' COTTAGES AT HOYT ROAD r.., ':'.'Tc,G(.....,'.Jl'..ht:".."",\.,.,\"I.l1-'..rw...~ ~"'/t",,,, O!/2I/~O~' '1,<, ,..... ~.IO ,......... ''''0; "I':1.\."h,r:'1...\ltAhP..1.".ll.'~: .--.... .'.-.~_._..-....__ .__n___ .._.__.. .__..._._..____~. .._.......___... ____..."...___~__h_._., ,,_.._..._, "_" ~' .' ",,-. .~... CITY QF/ . '. ':.: Federall Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES MEMORANDUM To: Jack Dovey, Chair Land Use and Transportation Committee FROM: William Appleton, Public W;Y{ks Department, Development Services Manag~r, Jim Harris, Senior Plann~~ ~ ' VIA: David Moseley, City Manag~ V RE: Cottages at Hoyt Road Revised Preliminary Plat Application No's. 98-104394-00-SU and 05-104602-00-AD DATE: September 13,2005 I. STAFF OVERVIEW Trinity Land Development has requested to revise the design of the Cottages at Hoyt Road preliminary plat, which is currently under construction. Proposed changes to the Cottages at Hoyt preliminary plat are significant enough to warrant review by the Land Use and Transportation Committee and City Council in order to determine if the resulting plat would remain in substantial conformance with the approved preliminary plat or if the proposed revisions are not in substantial compliance with the approved preliminary plat: U. SUMMARY OF PROPOSAL The applicant, Trinity Land Development, has proposed modifications to the. Cottages at Hoyt Road preliminary plat The Cottages preliminary plat was originally approved by the City Council on October 16, 200 I via Resolution 01-349, and subsequently, the City Council approved modifications to the preliminary plat on July 6, 2004 via Resolution 04-416. (Exhibit I - July 6, 2004 approved preliminary plat; Exhibit 2 - September 2005 proposed modified preliminary plat.) Ordieptember 10,2005, the applicant requested additional modifications to the approved prelimina~ plat The modifications as requested include the following: modify the slope and retain~g wall configuration ~Iong the northwest portion of the approved preliminary plat, and remove- up to 30 trees located within Native Growth Protection Easements (NGPE) around the perimeter of the site. Modifications to the preliminary plat as requested, would result in approximately 100 linear feet of retaining wall extensions along the northwest portion of the site, addition of a new approximately 325-foot-long retaining waU, an increase in the height of existing and proposed retaining walls, steepening of slopes along the northwest portion of the site, increase the area of clearing and grading, slight re-alignment to the northern roadway, and the removal of mature trees within the NGPE and replacement willl new plantings. 1II. BACKGROUND As identified in the September 10,2005 Trinity Land Development letter (Exhibit 3), the applicant found during the course of construction that the topography along the northwest portion of the site was not properly surveyed. In areas, the survey shows the topography 10 feet higher than field conditions; consequently, the project cannot be constructed as approved without alteration to the approved preliminary plat On September 9, 2005, City staff notified property owners within 300 feet of the site, and parties of record, of the requested revisions to the plat and the September 19,2005 LUTC meeting. City staff also encouraged Trinity Land Development officials to conduct a neighoornood meeting regarding the proposed revisions, . , ' IV. REASON FOR COUNClL ACTION Pursuant to Federal Way City Code (FWCC) Section 20-136(b), amongst several criteria, the City Council must ultimately fmd the final plat in substantial compliance with the approved preliminary piaL As detailed in Section V below, the proposed plat modifications result in some changes to the approved preliminary plat layout Therefore, City staff is requesting the City Council determine if proposed modifications to the approved preliminary plat are in substantial conformance with the approved preliminary piaL Criteria contained in FWCC Section 20-127 also can provide a benchmark as to the significance of the proposed modifications. Pursuant to FWCC Section 20-127, when the Hearing Examiner has forwarded a recommendation on a preliminary plat application to the City Council, the City Council may require or approve a minor modification to the preliminary plat if: L The change will not have the effect of increasing the residential density of the plat; 2- The change will not result in the relocation of any access point to an exterior street from the plat; 3. The change will not result in any loss of open space area or buffering provided in the plat; and 4. The City determines that the change will not increase any adverse impacts or undesirable effects of the project and that the change does not significantly alter the project Although these criteria do not specifically apply to the current proposal, they do provide factors for the City Council to consider regarding whether the modifications are major or minor, and ultimately whether the final plat would be in substantial conformance with the approved preliminary plat Additionally, criteria used by City staff to evaluate the 2004 redesign of the approved preliminary plat were as follows: . Retaining wall heights not to exceed eight feet . Retaining wall and landscaping aesthetics . Maximum slopes ranging from 2H: I V to I.SH: I V Land Use and Transportation Committee September 13,2005 C.ottages at Hoyt Road Revised Preliminary Plat Page 2 . Adequate NGPE buffers . Landscaping of graded areas V. FINDINGS AND CONCLUSION L The proposed modifications to the preliminary plat will result in the construction of approximately 100 linear feet of retaining walt extensions along the northwest portion of the site, addition of a new approximately 325-foot-long retaining wall, an increase in the height of existing and proposed retaining walls, steepening of slopes along the northwest portion of the site, increase the area of clearing and grading, slight re-alignment to the northern roadway, and the removal of mature trees within the NGPEand replacement withne,wplantings. Due to the surveying error found during constructiof.l staking, the applicant is proposing these changes in order to preserve the roadway, lot configurations, and detention pond design substantially in compliance to the approved preliminary plat The applicant has provided.a revised preliminary design for the proposed slope and retaining wall revisions; and re-alignment of the northern roadway (Exhibit 2). 2. Additionally, the applicant has provided a Tree Evaluation dated September 2, 2005, from Washington Forestry Consultants Inc. The Tree Evaluation identifies 30 trees on-site and off- site to be removed that are deemed hazardous, or would become haiardous due to grading required to conslnict the retaining walls. At the time of preparation of this report., City staff is hiring an arborist qualified to review the Tree Evaluation report, and provide findings and conclusions regarding the accuracy and recommendations of the Tree Evaluation. The applicant has proposed to provide remedial planting to enhance the NGPE along the northern property line where the trees would be removed, and other areas where trees are proposed to be removed ' were not addressed. City staff will have further information regarding the Tree Evaluation at the September 19, 2005 LUTC meeting. The, preliminary plat modification is subject to all applicable codes and policies as well as all findings, conclusions, and conditions of approval contained in City Council Resolution No. 04-416 approving the revised preliminary plat; City Council Resolution No. 01-349 approving the original preliminary plat, and the September 6, 200 1 Hearing Examiner's recommendation. VI. LAND USE AND TRANSPORT A nON COMMITTEE AcrlON The LurC may, by action approved by a majority of the total membership, take one of the following actions, pursuant to FWCC Section 20:"1 36(b). Option l. ~ FqI")Vard a r:ecommendation to the full City Council, and direct City staff to prepare a resolution, finding the modified preliminary plat in substantial compliance with the approved preliminary plat, subject to conditions a- c below, and allowing the applicant to proceed to engineering design and cons..truction of the modified preliminary plat subject to the following conditions: a. Existing mature vegetation shall be retained in the NGPE's to the maximum extent possible. All areas ofNGPE's impacted by tree removal as approved by the Director of Community Development Services shall be replanted with Type I landscaping to be approved by the Land Use and Transportation Committee <::p~tAmhPr I 'l ?Oil" Cottages at Hoyt Road Revised Preliminary Plat .. , Director of Community Development Services. A licensed landscapearchitec~ in consultation with a certified arborist, shall prepare a tree replacement plan for the NGPE's. b. A landscape plan shall be prepared by a landscape architect for approval by the Director of Conununity Development Services and implemented prior to final plat approval. The landscape plan shall address all areas outside of lot areas, which have been cleared or graded as'a result of the preliminary plat construction. Planting of c.leared and graded areas shall include planting with native trees, shrubs, and grouridcover. c. The retaining wall design shall be approved by the Director of Conununity Development Services and shall include wall design with a maximum height of 10 feet above grade, and shall promote residential design themes thcough such means as terracing, orientation, color, material selection, vegetation screening, pattern and textural treabnent. . . . Option 2_ Forward a reconunendation to the full City Council, and direct City staff to prepare a resolution, fmding the modified preliminary plat not in substantial compliance with the approved preliminary pla~ and reject the request for a revision to the preliminary pla~ requiring the applicant to redesign the plat in substantial compliance with the approved preliminary plat or file a new preliminary plat application_ EXlllBITS L Approved Preliminary Plat for the Cottages at Hoyt Road dated June 3, 2004_ 2. Proposed Preliminary Plat modification with cross section for the Cottages at Hoyt Road dated September 12, 2005. 3. Letter from Trinity Land Development dated September 10,2005. 4. Tree Evaluation Report from Washington Forestry Consultants Inc. dated September 2, 2005. Approval of Committee Report ~ack Dovey, Chair Michael Park., Member Eric Faison, Member , , land Use and Transportation Committee September 13, 2005 Cottages at Hoyt Road Revised Preliminary Plat Page 4 I ~liI1 r'liHI WII, I \ ~"Ul:I"~'t." ,-, .~. .;. '., ~ j, / ., .... ( /'.. " , , " ~i. ::': "-... ~\ ~ \.' ~' ~v.; If "- ? I ~~ "~{ 1 ,. ,,- j "" ;.~. " O:~ . ~ .,- 1{ ;~ ~\ f 1.:, ~.'; r; f i. :r, ~ t ~i \}" f ':} , / ~t ;c bl \lr \ 0'\ -. VI ~ ~~~ ':Ii- ~O-:I: 9:- . . ~o - 2~ t.I. S ;>>; _, 0 :> .. " 0- ". c." -< il..'Trl O'''''''4...loL. h." " C.j . .,~,. I ~.~...~ For' I r,,. ~ ......-.ll.II. ~.~"O\" TRINITY LAND DEVELOPMENT ;- PROPOSED ORADINO - b..... -..L. 1'.19 eM, Cr-lCI/t((,II;IHC. .......,e ~I.N'lHIHt ~,'....-AoI.. ~..,,,., MODIFICATION PLAN IV""fC'n,,C, (tMkCrl"tll't...~ ![,tvleb h.. J!.1,/.1.l "I' o _ "'" " ...... ,.. ".'"..' ",.~ -....... ..,-.._~~-....._..~ :';i!I)ii:i> /' /" /'/ .... ------./ -0 1:0 o -0 o (J) m o s:: > Z g ~ 10 ~ ,s:: m ~ 0 I~ 9~810 r ~!f=4 III I~ ~~I~ I~ I)> ! ..I-i 10 > ~iO - :<~-l [Z t5 U~ a ~ ~~~ C) )> ~ :0 Z '" )> ---" ~ 0 :-l _ :IE Z '( - ~ C) o ~ I r-~ ~ - lJ I)> ~ Q rZ lJ< ~ CJ'-1 ..... lnlJ I'.) ':::' 1- _~ 0 ! :>; 1<:.11 " '" ~n m .~ ., 0 ~ ," ,"~ o _ / '8 ~ ii ! [i~~ ~o U i~ 3 5' ~ "" ~ I ~ ~. 0.1. It)' e.f. ~, '''',Iu i$, , 11121~ 72NO ....VENUE SOuTH 0....... -M... t..,.: Fe" T1t~ '" '" ~ 'ENT," .0032 ..... -"'. M'... TRINrTY LAND DEVELOPMENT PROPOSED MINOR MODIFlCATlON TO - ~ .' . ::m;;:::;~; FAX ,.-. -"- "...' 310 29TH STREET N,e, GRADING PLAN 9)12)05 - DETAIL GRADING PLAN ~i-".(,.. ..} ~t.'M. ENCIWUIt,"O, ~o PLAHHINO, ,.._...JII1. ~:/:'I PUYALLUP, WA. 98372. FOR 2 1~''''Q....o,"\.t; $UINtYlHC. (l'f',1J!:Otol..un,.., $!~ct'S (l.m .lL1lill' COTTAGES AT HOYT ROAD \"'I1\'~9'""''''I\...I\",.jl-'''(''h9 Go>,,/!i"'o' O!/2t/~OO! "." $"10: I.~ .'"u'<l 1..1" IIU~1.',Vlllltf.,OC.II()"I.'\'Jl"'~O~ '-1U: ~ '"U :IJ 0 "'U 0 (J) m 0 s: )> z i 0 :IJ s::: ~ 0 -> o 9~ 0 - ~~ ~ ~ ~ TI .. )> 0 ~ "'1 ~ r~ I i: ~ :t> . ~)> ffi~b --l ' I 0 i ~)> o :<!::l~ Z e; 6 U~ d z 2~~ C) :IJ '" :t> .~ 0 ~ z C) '"U r ~ to .......... .-.. N 0 U1 ~ III f ~ ~ .... ~. , f t ~ ~ 0 ""n m a 0 ~ '8 !if .,~ ED a. ::j ; ~~ ~ 8.:I: : ~, 0 Pl';S. 8..::0 'tlO [~ 5' c, ~ 'tl l ~ I , ; N.. 0.", Ie... ~....... 18215 12NO AvENUE SouTH DoOltIl.....A k..., For: 11I1e< ~ 11432 111'<(" ,.... -:. KEtfl'. WA i!lOJ2 0.... -.LM. l'IotbW.\OI TRINITY LAND DEVELOPMENT PROPOSED MINOR MODIFICA nON ('25)2~'-5222 1'.,0' 310 29TH STREET N.E, TO ORADINO PLAN 9/12/05 . CROSS SECTION -. . (-42~)251-8782 FAX C~w"U -""- 5h"l \.,. ;~:'.' ..!' .....,_...JWl ,..-., PUYALLUP, WA. 98372 FOR : CMl tHClNWlINC, l.AHll l'l.NIH,"C, ....u ! 2 ....(,.'~al"GoIlI..". SUM'noIOi, OMI'IOHIICENTAl. SEI'IVlCES hl..J.aUgJ COTIAGES AT HOYT ROAD ,:\"OOO.\I..32\."I;.I\.....~\".(\:,I<JJ......~~_I~IIt).....C._.~ 0.../1'lttI.. O'I'l/100~ 14.JI S,.... '~IO ......, 11.10 -.--.--------.---------~.-,-,,----..---"'-..------. .-.---~-~..~-_.------,-.-~~--..-..-.-,--.,---.--.-..--._-- ..._...._.......__....__...:_......_...__._m..-' _.._._ .- ~~*~, TRINITY l AND RECEIVED DEVELOPMENT September 10, 2005 Sfp 0 9 2005 CITY OF FEDERAL WAY Mr. Jim Harris, Senior Planner BUllDtNG DEPT. Mr. Will Appleton, Director of Public Works City of Federal Way Community Development Services Dept 33530 1st Way South PO Box 9718 Federal Way, WA 98063-9718 . , . RE: Request for l\1odification to grading plan and removal of hazard trees, Cottages at H.oyt Road File NO. 98'-104394-00-SU Resolution 04-416 Dear Jim and Will: Thank you for your help in establishing the appropriate way to address these unforeseen site conditions at the Cottages at Hoyt RQad Development We are requesting your approval of two minor modifications to our approved plans: I) Extension and addition of retaining wall system along the north side of the northern internal road to take up actyal gra<Jes not realized (based on inaccurate topographic .survey information provided by Touma Engineers - the original Surveyor/Civil 'Engineer on the project); - 2) ,Approval to remove/trim hazard trees in Tract C, NGPE as outlined in the~ attached arborist report from Washington' Forestry Consulting, Inc. dated September 2, 2005 The project is under construction. C~earing is complete, temporary erosion control lI)easures are in place and grading is underway. Timing is of the essence. . . 'Additional Retaining Wall. The sucvey error discovered during grade staking two weeks ago involves inaccurate " ~~{~~,~~~{~/tbpographic data along the northern property line. The difference is up to 10 feet in ~)~~;/ additional grade that must be acconunodated between the northern property line and the intelllal ~~<;l9~Th~~B~mY~ grading plans include' a retaining wall at the edge of the ~~~""l~\~~il~rIl;.\~ '~cc'/\"~?";"io' . . , , ".~;t~...".w'l~'~"' "-lk~,<;"", __ :'w~-i~~;~:;~~~~:g~~~~,." ,t~3;f~.::A~>.". ,. I ~<;;~~~{':':'-;...;;~;::..... "'~'~, :;'1'<. .'",'"', '.Jltl -- 29th St NE . Puyallup, WA 98372 l.;~t:;':':~'T'~"': . :'<,~i~'3f.~~;~:~~2, . F: 2538437813 . wwwtrinityland,com , 15 foot NGPE (Native Growth Protecti'on Easement) with a maximum exposed height of 10 feet. (n order to maintain the NOPE and keep walls at a maximum height of 10 feet, we are proposing awall along the north side of the internal road. We propose a slightly different road alignment that lI}aximizes the distance between the road and the NG~E while keeping the two retaining walls in the pond area at a maximum height of 8 feeb. In addition, in order to maintain the existing <;leariilg limits and a maximum 10 foot high waU, a limited area of graded slope is proposed at slightly greater than a 2: 1 slope. ; Hazard ~ree Removalffrimming. 1 '. After completion of the permitted clearing activity, we engaged GalehWright, a licensed Monst, to conduct a survey of potentially hazardous trees at the edges. of the cleared area. As is. often the case when general dimensional buffers are included on a project, some trees within the margins of the retained tree tract can be at risk due to adjacent grading work and/or the exposure of wind that previously had been buffered by,'a forest. These' trees become a safety ris,k for either the adjacent property ownerS, the new homes to be developed on site, or the public traveling on the public road. In this case, the approved NGPE has set aside more than twice the originally proposed undisturbed area and ~eatly exceeds the retained tree req':lirernents in the City's code. Since many of the \ tre~ along the northern property lint? have been identified as hazard trees, we propose t~ provide,replacernent tree vegetation to allow a new tree buffer to establ~sh itself over I tim~. We \\'ill work with City S,taff and the two neighboring property owners affected -in High Point Park Division 3 to es,tablisi:l an appropriate rephlllting plan forthis area. ' I would like to poiIitout that the amen(jmentto the' original preliminary plat approval for .this project, Resolution 04-416, was ~ approved based on the ~erits 'of significantly reducing the amount 'of export, significantly increasing th~.amount of open space and reducing the number of-lots in the project from 40 to 35. The two modifications that we are requesting do not change the spirit of that approval and, we suggest, have been brought to the table proactively, arid in open discussion with City Staff. In Summary: , .. We do' not propose any changes to theliffiit of clearing. , We do l!ot p~opose any retaining walls greater than 10- feet in ex~sed height . between. the road and the property line and no more than 8 foot high in the pond , , .- 'area. I , " .. We propose to provide remedial planting to enhance the NOPE alo~?fhe northern - property line in the area where hazard trees would be rembved. We .haveendosed a copy of the staff report and maps from the pr mo.dification to the Preliminary Plat (resolution 04-416) for your reference, three exhibits ~howing the approximate location of the additional retaining wall, and the ro3dalignment - - 2 . . , .: 7 ASHINGTON FORESTRY CONSULTANTS, INC. -, RESTRY AND VEGETATION MANAGEMENT SPECIALISTS W F C I '943-1723 1919 Yelm Hwy SE. Suite C . 360/943-4128 Olympia. WA 98501 September 2, 2005 RECEIVED SEP 0 9 2005 Chris Austin, Director of Development CITVOF FEDERAL WAY Trinity Land Development 8UILDING DEPT. . " 310 29th Ave. NE Puyallup, W A 98372 RE: Tree Evaluation at the Cottages at Hoyt Road - Federal Way, W A Dear Mr. Austin: I have completed an evaluation of selected trees in the tree tracts at the Cottages at Hoyt Road in Federal Way, Washington. The purpose of the evaluation was to identify trees that are hazardous to the new improvements, or would become hazardous due to grading required to construct the retaining walls. Findings The area of evaluation included selected trees along the north. east. and south perimeters of the parcel. and the small tree tract along the west side of the parceL The tree tracts were part of a contiguous second-growth conifer forest that was fully stocked with trees at the time of harvest. The residual trees in the tree tracts are now new edge trees that were previously sheltered by the surrounding stand. I have identified 30 trees that are, or will become hazardous to the new improvements. The trees are dead, in decline, are exposed to the prevailing winds, or will sustain damage during retaining wall construction that will cause the trees to become hazardous. TIle following table provides a summary of our findings and recommendations. DBH NEAREST OWNED #-' ,: . SPECIES (in) CONDITION TARGET LOT BY RECOMMEND I P. Madrooe 17 &vere decline; New house 16 Trinity Remove HT - 9()01o dead 'Could create -- 2 P. Madrone 19 Severe decline; New house 16 Too 70010 dead; 3 Cottonwood 16 Leans over house Off-site 16 T Tinity . 11<.l:uan" .., to south; High house potential for branch URBAN/RURAL FORESTRY · TREE APPRAISAL · HAZARD TREE ANAL YSIS GHT-OF-WAYS . VEGETATION MANAGEMENT · ENVIRONMENTAL STUDIES. CONTRACT FORESTERS .1--...-.-.,1-............1 ,~.___..:___. C"-_ _~_...._ _~ ......L. __:__.t..____ _ _ _....... ' , - . Cottages at Hoyt Road - Tree Evaluation DBH NEAREST OWNED # SPECIES {in} CONDITION TARGET LOT BY RECOMMEND failure onto house/deck; 4 Red alder 22 Dead-leans west New house 17 Trinity Remove HT 5 Douglas-fu 17 Severe root New house 18 Trinity Remove damage & potential dama~e from wall; 6 Dou~las-frr 26 90"/0 defoliated; New house 21 Trinity Remove HT 7 Douglas-frr 24 Dead; Suspect Houses to 21 Trinity Remove HT laminated root rot; east/west; 8 Red alder I) Dead; Leans west; New house 2J Trinity Remove HT 9 W. hemlock 10 Dead Yard 24 Trinity Remove 10 Red alder 24 Top dying; Stem New house 24 . . ' Trinity Remove HT decay; Leans west; . , II Red alder 16 Decay in west New house 30 Trinity Remove west stem; stem - lIT 12 P. Mamone 12 I stem dead; Leans New house 32 Trinity Remove dead west; stem 13 Douglas-frr 20 Will be made New house 35 Trinity Remove hazardous by wall cut; 14 D~las-fir 10 Dead Street 35 Trinity Remove HT 15 Douclas-fu 9 Dead Street 35 Trinity Remove HT 16 P. Mamone 12 Nearly dead; Street 35 Trinity Remove HT 11 Dou~las-frr 10 Dead Street 35 'Trinity Remove lIT 18 Dou2.Ias-fu 10 Dead Street 35 Trinity Remove ,HT 19 Douglas-frr 18 Dead - decayed Offsite Trinity Remove lIT house 20 Douglas- fir 24 Exposed Offsite Trinity Remove HT house 21 Douglas-frr 21 Exposed Offsite Trinity Remove HT house 22 Douglas-frr 19 Exposed House Private Contact owner 23 Doudas-fir 14 Exposed House Private Contact owner 24 Douglas-frr 18 Exposed; Roadcut House Trinity Remove HT will damage roots; 25 Douglas-fir 26 E~;Roadcut House Trinity Remove HT will damage roots; 26 Douglas-frr 15 Exposed; Roadcut House Trinity Remove HT will damage roots; 27 Douglas-fir 22 Exposed; Roadcut House City tree? Remove HT will damage roots; 28' ~ ,Douglas-fir 23 Exposed; Roadcut House Trinity Remove lIT will damage roots; 29 Red alder 22,24 I stem dead. I stem Street City Remove HT nearly dead; Red alder 24 Decline; Heavy Street City n, - 30 Jean over Hoyt Rd. * HT = Hazard tree; Washington Forestry Consultants, Ine, - . . Cottages at Hoyt Road - Tree Evaluation . The tree nwnbering start,s on the southwest comer of the parceL The trees are marked with blue paint dots at eye level and on the stump. A blue painted number- was placed and is visible from the cleared area of the unit. The approximate location of the trees is shown on the attached site pl3IL Recommendations Thirty trees were marked for removal. These include 3 trees that appear to be on the City of Federal Way tract to the north (trees #27,29,30), two trees that appear to be on a private lot (trees #22 and 23), and the rest appearing to be within the Trinity ownership. Tree # 3 is the cottonwood that is inside of the green chain-link fence on the south end of the project. This tree is hazardous to the house to the south and the hazard risk will increase with increasing tree size. . , . Two additional trees occur on a parcel to the north that are hazardous due to exposure. They are near trees nwnbered 25 and 26 and are a 15 and 12 inch DBH Douglas-firs. These trees are close to the line, but were not marked, due to the young neighbor and his unfriendly dog. Both neighbors to the north need to be contacted about the high risk of failure of their trees due to exposure. I did not find any hazard trees in the tree tract above Hoyt Road SW. The dead Pacific madrone that we discussed can reach the powerline, but it is not likely to reach the road. Removal of the top, leaving a snag removes all risk. I did not mark: any additional removals along the lower edge of this tree tract since the staking in the field' did not correspond with that on the map. As a rule of thwnb, I recommend that all trees within the clearing limits be removed, and aU Douglas-firs within 10 feet of the top of the cut also be removed. This appears to leave a fakly narrow strip of trees. It should be evaluated again at the time of cutting to detennine if additional trees need to be removed. , '. Washing/on Forestry Consul/ants, Inc. 3 Cottages at Hoyt Road - Tree Evaluation Summary I have marked 30 trees to be removed from or adjacent to the '!ee tract Three are on the City tract, 2 on a private lot, and the remainder on the Trinity parceL Two additional trees occur on a lot north of the Trinity parcel that are hazardous and should be removed_ These two trees were not marked but are the only Douglas-flf trees present You will need to talk to the two landowners to the north to discuss the hazard potential and removal of their trees. Contact me when the clearing west of the Hoyt Road tree tract occurs. There may be additional trees that need to be removed_ Please give me a call if you have questions_ . . , Respectfull y submitted. wg:on Forestry Consultants, Inc. }rf% Galen M. Wright CF. ASCA Certified Arborist No_ PN-0129 Certified Forester No_ 44 attachment: site map . , , . Washington Forestry Consultants, Inc. 4 ----- , \ . , . , , :; i , ttC.'" '.00.. . : ,,"'070SJ, , , , , , I I I CS rr1 I It ~ IJ I J.~ 0 L :0 l )> :0 -< m > :0 ~ 0 (J) 0 ~ Z . -- ~!8~ i ~~ ~ I~~~ . .. . -- ai P' 1* t t I ~; I~m ial ~ 7l .!JO ,i! .~ Ji U~~ lfiiP il ~ i !~ S Z ..~l2 ~ i 'I 2 )> I II ~ Co> ::I ~ ~ I ~. I il ..' ~ 0 .1 -'.-.--.. .-.... _.'..H___._ - -- - - -- - ,. -0 ii II i Ii i i Ii i ij:i I ~ I . I . II II r I ~ I 'I I I II: · II d III 0 r I Illltd,slll -0 I I L I I' lll" ~. r ; : II I '1' : II PI )> dn hil i ih~ z i! II ij i II I' I ~ I' ~ ' i · a i I i ~ ~ 0 ~ ':millll !!I ~l i'l ~ " ~ ~ ~ ~ i'":.!l :~ ~ ~ . . ~ ~ ~~';II;~ ~!~ ~ , - t ir Q ~ ~ () ~ ~ fl "050' , ! m' I , ~ . I 1/14 U \JIll !II' " ~MlQ ~ri to'" eo...lllTl "". '010 .,. CW. "'" ~.._. ~. ,...,..... ~~ ...... k.... nu. 11~2 -~~ ......... .......... TRINITY LAND DEVELOPMENT TEMP. EROSION AND SEDIMENTATION ....... ,'an' 315-37Ih AVENUE S.w" SUITE 6 ., CONTROL.PLAN IMII ....... .~. PuYALLUP, WA. 98373 r1",,~t) 'i'Tl-~~ L.o,...-r-",.;,; . -'. .IlillJ> "I' et 2 COTTAQES AT HOYT ROAD SW """:'\\1000.\11'12\. I"'M':' ~"'" IlltJl.-U.I.I.ll....r,'J'l-1 ! -.-_._.._._~._._-.----- ---.,,---....----.--. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE FINAL PLAT OF GRANDE VISTA (AKA Cotta~es at Hoyt Road), FEDERAL WAY, W ASIllNGTON, FILE NO, OS-106327-00-SU WHEREAS, on August 28,2001, the Federal Way Hearing Examiner conducted a public hearing on the preliminary plat application resulting in the September 6,2001, Recommendation of the Federal Way Hearing Examiner; and WHEREAS, the preliminary plat of Grande Vista, City of Federal Way File No. 98-104394-00-SU, was approved subject to conditions on October 16,2001, by Federal Way City Council Resolution No. 01-349; and WHEREAS, the preliminary plat of Grande Vista, City ofF ederal Way was subsequently modified on July 6,2004, by Federal Way City Council Resolution No. 04-416; and WHEREAS, the preliminary plat of Grande Vista, was subsequently modified subject to conditions on October 4,2005, by Federal Way City Council Resolution No. 05-458; and WHEREAS, the applicant submitted the application for final plat for Grande Vista within the required time of receiving approval for the above-referenced preliminary plat; and WHEREAS, the applicant has satisfied or guaranteed all of the conditions set forth in Resolution 01-349, Resolution 04-416, and Resolution 05-458; and WHEREAS, the City of Federal Way's Department of Community Development Services and Public Works Department staff have reviewed the proposed final plat for its conformance to the conditions of preliminary plat approval and final plat decisional criteria, and their analysis and conclusions are set forth in the September 5, 2006 Staff Report, which is hereby incorporated by reference as though set forth in full; and WHEREAS, the applicant has complied with the conditions of the mitigation measures of the May 26, 2001, State Environmental Policy Act Mitigated Determination of Nonsignificance, as discussed in the September 5,2006 Staff Report; and WHEREAS, the City Council Land Use/Transportation Committee considered the application and staff Res, # , Page I EXHIBIT G .. report for the Grande Vista final plat at its September 11,2006 meeting, and recommended approval by the full City Council; and WHEREAS, the City Council reviewed and considered the Staff Report and the application for final plat for Grande Vista during the Council's September 19,2006 meeting, Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOL YES AS FOLLOWS: Section 1. Findings and Conclusions. 1. The final plat for Grande Vista, City of Federal Way File No. 05-106327-00-SU, is in substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other land use controls in effect at the time the preliminary plat application was deemed complete. 2, Based on, inter alia, the analysis and conclusions in the Staff Report, which are adopted herein by reference, and on the City Council's review of the application for final plat, the proposed subdivision makes appropriate provision for public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, and schools and school grounds as are required by City Code, or which are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the final plat approval granted herein. 4. All conditions listed in the October 16,2001, Federal Way Resolution No. 01-349, July 6,2004, Federal Way Resolution No. 04-416, and October 4,2005, Federal Way Resolution No, 05-458 have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by Federal Way City Code Section 20-135. 5, All required improvements for final plat approval have been made and/or sufficient bond, cash deposit, or assignment of funds have been accepted as guarantee for completion and maintenance of all Res, # , Page 2 required plat improvements as identified in the September 5,2006 Staff Report, 6. All taxes and assessments owing on the property being subdivided have been paid or will be paid, prior to recording the final plat. Section 2. Application Approval. Based upon the Findings and Conclusions contained in Section I above, the final plat of Grande Vista, City of Federal Way File No. 05-l06327-00-SU, is approved. Section 3. Recording. The approved and signed final plat, together with all legal instruments pertaining thereto as required pursuant to all applicable codes, shall be recorded by the applicant in the King County Department of Records. The applicant shall pay all recording fees. Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5, Ratification. Any act consistent with the authority, and prior to the effective date, of the resolution is hereby ratified and affirmed. Section 6, Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS DAY OF ,2006. CITY OF FEDERAL WAY Mayor, Michael Park A TIEST: City Clerk, Laura Hathaway, CMC Res, # , Page 3 ..v__.. .__. .__ ....... -'-'" -..'-' ..'. .... ..- - ,:.. ~~-~ """7:: :.l3~' 0,' aVOl:llJ.OH 1. V EelY.LI.OO llI1WII:" ___ YO:i zmee "<1M 'dnilVW '" ~1IM'OtIlIDCltG'VD - .....- ll9HX3 ~VdS N3dO '3'N l33l:ll.S Hl6l: 00: ......1........-- XVJ ZlllI-l!;t(!;l;") "~""",(",) SOIL.~/6 NOU.VOI::llaoruIOW'l .1N3rlcIO-a\30 CINV1 A.IJNW. - ,.,--- ttOIIe VIA '00>1 oOIU. ..... _ ..- _ HIllOS lflIO\Y ON<L mi I --- "..,... iii _ __ IUON'tl):).lJDDol fN Sf''''' 1 l Wa/'Cl CQ.llIQ 'I1U]"I .&IQ'MlX) .uD IW ... . 11 ""10 I II<<ItI.r:lUIIM IfN IV I't 11 "",./.10 t IO/tl/tO aDQ 'OfOI'l JJJ:) aDd fD5lQI sv $V 111 W/tl/m to ~I ~III~ i ~ I i Q ~~ j!1-- d -- Iii lB ~! Iii I..I! i II ~ ~ ~i Ibd Illilllii! ~ ~ rA~ i o r. 4: ~. . ~ \ 0.. ~ ~t ~ , , , (f) '" '< i ffi i~ Ii I , , , , 0... ~ i , , ~ ~[: ~~ . a II o ~~~ ~~ II~ I i , , i 'f'., 2i~ ~~' Ii, :i , , , \ , C\I ~ I ~ i!I--, .II ~ , ~ Ol B. l!nlj'l ~I II ! '~ 5 ~~~ it}d illHi ~ , ~~ I , Ii , , , 5 ~ r- ! I , I ~~a LL I ~ ! I \' !gi o ~ 0 I! ~ a: 0 z ~ .~ '-,- . .-.,'-"-.'- \ I i I I I : I 0 ~ I I e I i : I I I 1 ~ EXHIBrr -1::l - CITY OF FEDERAL WAY MEMORANDUM DATE: September 11, 2006 TO: Land Use and Transportation Committee VIA: Neal Beets, City Manager FROM: Kathy McClung, Community Development Director SUBJECT: PAA Stone Creek Subdivision & the Von Doenhoff Property BACKGROUND: A verbal report will be provided, C:\Documents and Settings\Default\Local Settings\Temp\09-11-06 PM Stone Creek & Von Doenhoff issues - placeholder,doc COUNCIL MEETING DATE: September 19, 2006 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ROADWAY CONNECTIVITY POLICY QUESTION: SHOULD ROADWAY CONNECTIVITY STANDARDS BE REVISED? COMMITTEE: LAND USE/TRANSPORTATION COMMITTEE MEETING DATE: September 11, 2006 CA TEGORY: lZJ Consent 0 Ordinance 0 Public Hearing 0 City Council Business 0 Resolution 0 Other ~!~)'<')'<'~~J?g~!~X:~ic~}lt:Et:~,}l:~:,qtYI~llffi~~l1gil1~t:~4ff DEPT: Public Works Attachments: Memo to LUTC dated September 11,2006 Options Considered: 1. Preserve roadway connectivity policies as provided in the current City Code and Comprehensive Plan, 2, Provide direction to staff to prepare code amendments and Comprehensive Plan amendments to revise connectivity standards and guidance, CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: ~ Council Committee Council COMMITTEE RECOMMENDATION: Forward staff recommendation for Option 1 to the September 19,2006 City Council Consent Agenda. Jack Dovey, Chair Eric Faison, Member Dean McColgan, Member PROPOSED COUNCIL MOTION: "/ move approval of " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COllNCIL BILL # 0 DENIED 1 ST reading 0 TABLEDIDEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances onl)') ORDINANCE # REVISED - 02/06/2006 RESOLllTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 11, 2006 TO: Land Use and Transportation Committee VIA: Neal Beets, City Manager FROM: Rick Perez, P.E., City Traffic Engineer i<F SUBJECT: Roadway Connectivity BACKGROUND: City Council requested background information regarding the issue of roadway connectivity between existing and new development. This memo outlines the origins of City Code and Comprehensive Plan policy and its application. Code and Comprehensive Plan Policy Development Shortly after incorporation, the Subdivision Code (Ordinance 90-41) incorporated the following language regarding connectivity: 16.210.10 [renumbered 20-151 (a)] - Subdivisions should be designed so that traffic is distributed in a logical manner toward a collector street system, to avoid intrusion and over-burdening of residential streets, and to connect with planned or existing streets. 16.210,30 [renumbered 20-151(c)] - Cul-de-sac streets should be no longer than 600 feet. 16.210.40 [renumbered 20-151(d)] - Blocks should be no longer than 1200 feet without an intersecting connector road. The City's first Comprehensive Plan, adopted in 1995, included the following policy language: TP 19 - Limit single-occupant vehicle capacity increases to those required to maintain the existing LOS, either by providing new streets or by widening existing streets. Maintain existing and preserve future street connections vital to system integrity. TP20 - Take advantage of opportunities to open new road connections to create route alternatives, especially in areas with few access choices. TP21 - Enhance traffic circulation and access with closer spacing of through streets, as follows: a. Arterial streets at least every 1,200 feet in single-family zones and every 600 feet in non-single family zones, b, Collector streets every 600 feet in single-family zones and every 600 feet in non- single family zones. c, For street spacing in the city Center, see the City Center chapter. September 11, 2006 Land Use and Transportation Committee Roadway Connectivity Page 2 TP37 - Keep through traffic to state routes and arterials. Discourage the use of local or neighborhood streets for through movements (unless part of an overall process of creating a street grid). The following text is from the supporting language in the 1995 Comprehensive Plan calling for a denser grid of connectivity: "The steady progression of residential development in the western areas of the City has resulted in a mix of middle and upper income residences. Dwelling unit density does not readily support transit service, nor does the exiting street pattern (cul-de-sacs and few through roads). For example, the Twin Lakes area was designed with serpentine, discontinuous streets and cul-de- sacs which make it difficult for transit penetration and violates many of the precepts of Neotraditional neighborhood design and the provision of a network of through streets, which are found to best reduce congestion and improve circulation. In general, there are too few arterial streets; the arterial streets are used for nearly all traffic circulation, and there is a strong need for more east/west corridors." The Comprehensive Plan policies were found to be quite difficult to implement without supporting code language. In order to reconcile the conflict between the Comprehensive Plan policy, code, and case law, the 1998 Comprehensive Plan amendment provided several changes and concurrently adopted implementing code language in Ordinance 98-330. Comprehensive Plan policy TP21 was amended to replace the arterial and collector spacing standards with a block perimeter standard to provide greater flexibility. TP21 was amended again in the 2002 Comprehensive Plan, eliminating the references to roadway spacing and block perimeters and adding the sentence: "Limit the area to be served by a single access point commensurate with planned density." Staff plans to propose code amendments in both the subdivision and zoning code to formalize block perimeter limits in all zones based on the density implied by the zoning, TP21 has been revised as follows: TP21 - Enhance traffic circulation and access with closer spacing of through streets, unless l!eOlrraohical constraints do not oermit as f-3110\":8: a. :\rterial skililtsat least il!\'ilF)' 1,299 fe@t ill siNgle mmil:,' ZONes tma il';eF)' 699 fe@t ill. RON siNglil f-amil:,' BONes mile, b. Colleetor streets apf3nmimatel~' e!;eF)' 699 roet iN siNgle famil:,' ZONes tma e':e1)' 699 fuet iN NON siNgle f.amil:,' ZllNil8 669 flHlt ill tilll Citj, Clllltilr alla \< milil @ls@......,<hBfB. e. For skeet spalliNg iN the llity CllNter, sell the Cit~,. CeNhlr ilhapter. Lllllal stnlet8 ....,ith a mal'limNm bloel: perimeh~r of 2,619 feet. d, l'JON motorii!lea l1atfls l\'ith a maHimNm blllllk l1ilFimetilf of 1,329 filet. Limit the area to be served bv a sinl!le access ooint commensurate with olanned density, The Subdivision code has been revised, as follows: 20-151 (c) - CuI de sac streets should be no No street, or combination of streets, shall be longer than 600 feet. 20-151 (d) - :Blee1fs Block perimeters should be no longer than ROO 1,320 feet without an intersecting connector road for non-motorized access, and 2,640 feet for streets, September 11, 2006 Land Use and Transportation Committee Roadway Connectivity Page 3 20-180( e) - Streets shall be provided to develop a street network with a block perimeter of no greater than 2,640 feet, as measured on center lines, This requirement may be modified if connections cannot be made due to: 1, Topographical constraints 2. Environmentally sensitive areas 3. Adiacent development not being conducive. It was felt that a block perimeter standard would provide more flexibility to address subdivision design constraints but still provide better connectivity, In addition, having a higher connectivity standard for non-motorized access than that for vehicular access may promote walking and bicycling over driving within a neighborhood, Implementation of Connecting Stub Streets Connecting new development to existing residential streets is frequently a controversial issue, Many residents prefer living on dead-end streets and are angry to find out that their street that is stubbed out may eventually connect to something. To manage expectations of new residents on new stub streets, in 1998, staff began requiring the posting of signs on stub streets that read: "Street planned for extension with future development". Upon incorporation, King County occasionally used gates or berms to address impacts of connecting streets, One berm on 18th Place S between S 3415t Place and S 344th Street has now been removed as part of Christian Faith Center's traffic mitigation, One gate was installed on the 31200 block of 36th A venue SW separating Twin Lakes No.5 and Bayview Country Estates; another was installed on the 33800 block of 31 5t Avenue SW separating Twin Lakes Park and W oodridge Park. The gates provide pedestrian and bicycle connectivity and can be used for emergency vehicle access, but at the expense of either delay to unlock the gates or risking damage to the emergency vehicle to crash through the gates. Staff has attempted to reduce conflict generated by connecting to stub streets by the increasing use of traffic calming as mitigation to existing neighborhoods, Examples of where this has been successful include Colella, Devonshire, Belle Meadows, and Keller subdivisions, With these projects, the developer and City staff met with affected neighborhoods to discuss how the traffic impacts could be mitigated. As consensus is reached, the developer incorporates these mitigation measures into their application, With these subdivisions, mitigation has consisted of speed humps and tables, striping modifications, and street lighting. Addressing these impacts as part of the project ultimately provided for approval by the Hearings Examiner and City Council. An exception to this was Ventana. Ventana would have connected to a long, non-conforming cul-de-sac to the north in Vuecliff. Vuecliffs plat showed this cul-de-sac as being temporary until such time that the street was extended. Staff required that the streets be connected, which was affirmed by the Hearings Examiner. However, Vuecliff residents were well-organized in their opposition to having any connection. The City Council decided that the connection should exist only for emergency vehicles and pedestrians, and so t;vo abutting cul-de-sacs were constructed. Cul-de-Sac Length A related topic is cul-de-sac length, or how much development should be served from a single access point. King County allows up to 100 homes or cul-de-sacs up to 1000 feet to be served from a single September 11, 2006 Land Use and Transportation Committee Roadway Connectivity Page 4 access. City code restricts the length served from a single access point to 600 feet, with no explicit maximum number of homes served. However, our street standards limit the width of cul-de-sac streets to 28 feet, and limit the number of homes to be served on a 28.foot street to 25, so there is a de-facto limit. The purpose is to improve circulation and emergency vehicle access. Also, from a transportation system planning standpoint, high-volume access points can create the need for an excessive number of traffic signals, which limits the capacity of the arterial street system and increases maintenance costs. Ironically, more traffic signals tend to create higher-volume collector streets in residential areas, leading to complaints about the speed and volume of "cut-through" traffic, The only subdivision where this has been an issue was Northlake Ridge Division 4, which was heavily constrained by wetlands, a bald eagle nest, and Highway 18. Because it was proposed as 97 lots, two access points were required, but options were very limited for achieving it. Eventually, enough parcels were assembled for an adjacent development to provide the second access point, and the subdivision was able to be developed meeting the City requirement for two access points. cc: Project File Day File