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technical review letter 1 - creekwood 22-105973-SU - 5-9-231 Doc ID 82787 COMMUNITY DEVELOPMENT DEPARTMENT 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-7000 www.cityoffederalway.com Jim Ferrell, Mayor May 9, 2023 Applicant: Barry Margolese Amalani LLC 415 1st Ave N, Unit 9998 Seattle, WA 98109 barry@amalani.com 206-910-2728 Applicant’s Agent: Ivana Halvorsen Barghausen Consulting Engineers 18215 72nd Ave S Kent, WA 98032 ihalvorsen@barghausen.com 425-251-6222 RE: Creekwood Preliminary Plat & SEPA | Permit # 22-105973-SU (Plat); 22-105974-SE (SEPA); Parcel # 1221039037 (unaddressed) Dear Creekwood Preliminary Plat applicant team: The city’s Development Review Committee (DRC) is reviewing the Creekwood preliminary plat and SEPA applications for the above-mentioned parcel. The preliminary plat application was deemed complete by the Community Development Department on February 16, 2023. Members of the DRC have provided technical comments below. If you have questions about an individual comment, please contact the department representative listed. General Comments: 1) Technical comments made about an item on one sheet or document may necessitate changes to other related sheets and documents. It is the applicant’s responsibility to determine any such necessary adjustments. Please ensure consistent information is communicated throughout the plan set and associated application materials. 2) The city’s legal review ‘clock’ has remained stopped since the time your team appealed a condition on one of the Public Works administrative decisions that your team received in March. The appeal outcome could significantly affect the overall plat design and the appeal needs to be resolved for the City to further analyze the plat and issue a SEPA determination. Regardless, the City is providing this initial comment letter on the preliminary plat so the applicant team can be made aware of other issues that need to be addressed based on the City’s initial review. Comments in this letter pertain to the preliminary plat as proposed in the 1/19/23 application. 3) To further review and process the applications, please address and respond to each comment below, provide the requested information, and revise any and all plans as appropriate. 2 Doc ID 82787 COMMUNITY DEVELOPMENT – PLANNING DIVISION Evan Lewis, 253-835-2646, evan.lewis@cityoffederalway.com Preliminary Plat Application and SEPA: 1. Basic Zoning Compliance: a) Correct the Lot Area Table on sheet 4 of the plat map to reflect that the allowable impervious coverage is 50% (as required per FWRC 19.200.010 for the RS 15.0 zone) rather than the 60% shown in the table. 2. SEPA Checklist a) The city is unable to make a SEPA determination at this time due to numerous unresolved issues and additional information that is needed including, but not limited to, wetland, stream and geotechnical review corrections; issues pertaining to site access and the ravine crossing; construction impacts; and others addressed in this review letter. Therefore, a complete review of the accuracy of the applicant’s SEPA checklist has not yet been completed. Also see several Public Works comments on the submitted SEPA checklist later in this letter. 3. Wetlands and Streams – a) Provide corrections and address all comments and recommendations #1-5 on pages 3- 4 of the 3rd-party wetland review memo from ESA (attached). i. Note in particular the size, category and buffer width change (from 50 to 150 ft) for one of the wetlands as described in the attached ESA memo. Correct the preliminary plat to reflect the revised buffer as well as the areas of any lots or other site features impacted by that increased buffer width; among other corrections listed in the ESA memo. b) Provide an updated proposal that does not cause any stream buffer intrusion. The proposal includes a stream buffer intrusion (associated with Drainage Y) caused by the ravine crossing and the proposed area of clearing/grading. To allow a stream buffer intrusion, FWRC 19.145.330(3) (Intrusion into stream buffers) criteria 3f requires that “it is necessary for reasonable development of the subject property.” The intrusion is not necessary for reasonable development of the site. The subject property can already be reasonably developed with several lots to the east of the ravine crossing; though pending further review on those lots as well. Your options would be to modify the proposal so that a ravine crossing is not necessary – such as scaling down your application to only include lots on the east side of the ravine – or to revise the ravine crossing to not cause a stream intrusion. If the application is scaled down to only include lots to the east of the ravine then the preliminary plat application should be withdrawn and the applicant should apply for a short plat (which is 9 or fewer lots under FWRC). 3 Doc ID 82787 Any update to the proposal would have to be consistent with requirements and processes of FWRC 19.145 Environmental Critical Areas chapter and be subject to further review by the city’s 3rd party critical area reviewer(s) at the applicant’s expense. c) Related to 3(b) above, please show at least 5 foot setbacks of all retaining walls from all stream and wetland buffers, consistent with FWRC 19.145.160. 4. Geotechnical Engineering Report – a) Provide the “Additional Information” requested on pages 4-6 of the 3rd-party geotechnical review memo from NV5 (attached). 5. Smelter: Given the findings of elevated arsenic levels and submittal of an Environmental Site Assessment on the smelter plume, the applicant shall do the following: a) Send the environmental site assessment to the Department of Ecology for review and comment; the primary Ecology point of contact is Eva Barber at 360-999-9593 and eva.barber@ecy.wa.gov. Provide the City with Ecology’s written response or approval of this environmental site assessment with your resubmittal. b) Remedy the site per the Ecology’s Model Remedy Guidance as a component of the grading permit and then submit a written approval of cleanup (No Further Action) from the Department of Ecology to the City following completion of the grading activities. The No Further Action document shall be submitted to the city department of community development prior to issuance of any certificate of occupancy. 6. Design Criteria a) Increase the amount of usable open space proposed to at least 10 percent of the gross site area (86,510 sq. ft.) and provide a detailed open space plan that both shows and describes how at least 10% of the gross site area meets usable open space requirements of FWRC 18.55.040 and 18.55.060. The plan should specifically provide a description, and indicate on plat drawings (as applicable to fulfilling the request) the following information about each proposed open space tract: i. Amenities proposed to ensure open space tracts are readily identifiable and accessible to all residents. ii. How the tracts will accommodate a wide range of active recreational activities. iii. Proposed or retained areas of trees and other vegetation or features on the tracts that would limit their usability. iv. Open space tract slopes after clearing and grading. v. Clarity on how the applicant will ensure the usable open space tracts are the central focus and an amenity for the project. 4 Doc ID 82787 The 1/19/23 submittal contained an insufficient level of detail on the proposed open space tracts such that staff cannot confirm if they’ll be ‘usable’ open space. Note that, as specified in our FWRC 18.55.060 design criteria for open space and recreation, ‘usable’ open space means, “Areas which have appropriate topography, soils, drainage and size to be considered for development as active recreation areas.” b) The applicant’s request for a calculation of open space to be based on developable area rather than gross site area is not acceptable and does not meet the code-required method for calculating required usable open space specified in FWRC 18.55. c) As proposed, the trail proposed along Lakota Creek cannot count toward meeting the usable open space requirement since the applicant has not shown how that trail is accessible to all plat residents. The applicant’s argument, that the trail is accessible to all city residents and therefore to residents of the plat, is not acceptable and is inconsistent with city code and its intent. d) If the 10% usable open space requirement cannot be met, alternatively the applicant may request an “administrative alteration” to request a reduction in the minimum amount of required usable open space as a share of the total open space requirement, consistent with the following requirements of FWRC 18.55.060(3): “Any combination of open space types may be used to accomplish the total area required to be reserved as follows: Open Space Category % of Gross Land Area Usable 10% minimum Conservation No maximum or minimum Buffer 2% maximum Constrained 2% maximum An administrative alteration of the open space category percentage requirements within the above categories may be made by the parks director on a case-by-case basis, but in no case shall the combination of categories total less than 15 percent unless otherwise provided for in FWRC 18.45.010. Review and approval of such cases shall be based on the following considerations: (a) The change in percentage requirements would result in a superior open space plan than could be accomplished under the standard percentage requirements. (b) The availability and types of open space located within the immediate area. 5 Doc ID 82787 (c) The presence on site of environmental features that are unique, rare or of local importance. (d) The opportunities for the preservation of significant views and creation of public access points of interest. (e) The relationship of the proposed open space to the city’s park plan.” Note that tree retention and wetland buffer areas can count as ‘conservation’ open space. FWRC 18.55.060 provides further definition of different open space types. 7. School Access Analysis – Federal Way Public Schools does not have comments on the plat at this time. 8. Clearing and Grading: a) Update the preliminary grading plan to reflect the following requirements from FWRC 19.120.040 and to confirm compliance with FWRC 19.120.110 for clearing and grading on sites with slopes over 15 percent. i. Show all slopes existing and proposed slopes that range from 0-15%, 15- 40%, and greater than 40%. ii. More clearly delineate areas of both clearing and grading. b) Mass clearing: Unless demonstrated otherwise after review of your updated clearing/grading plan per 9(a) above, it appears you’re proposing mass clearing and grading of most of the site. FWRC 19.120.080 states in part: Permitted clearing and grading areas should minimize removal of existing trees and minimize the disturbance or compaction of native soils, except as needed for building purposes. Permitted clearing and grading areas and any other areas required to preserve critical or sensitive areas, buffers, native growth protection easements, or required tree retention areas shall be delineated on the site plans. For mass clearing and grading of the site, you must provide written justification for modification of clearing grading and tree retention standards pursuant to FWRC 19.120.050. The written request must specifically address each criterion in FWRC 19.120.050(1)(a-d) and (2)(a-c). The modification request must include justification for supporting the request, and at a minimum, identify if there are any areas that can be preserved in existing condition; rational for the clearing request; impacts to trees and vegetation; methods to mitigate visual impacts; etc. This is not a variance per FWRC 19.45 This is not necessarily an inclusive list as additional clearing and grading information will be required during engineering review. 9. Rockeries and retaining walls: 6 Doc ID 82787 a) Reduce the height of the retaining wall on the north side of Tract A from 8 ft to no more than 6 ft. Per FWRC 19.120.120 the maximum permissible height of walls and rockeries is six feet. Permits for walls are required at the time of engineering plan review. b) Update the landscaping plan to show that terraces created between rockeries and/or retaining walls shall be permanently landscaped and revegetated with Type III landscaping as specified in FWRC 19.125.050(3). This is required per FWRC 19.120.120. Note that this is not an inclusive list as additional clearing and grading information will be required during engineering review. 10. Tree Retention, Replacement, Density and Forest Practices: a) Submit a complete forest practices application using the forest practices application form (attached) and consistent with FWRC 19.120.200 application requirements. The related forest practices application (permit #23-100093-AD) included no completed application form. b) The plat will need to include strong and enforceable restrictions limiting tree and vegetation removal in all environmental conservation tracts and geologically hazardous areas. Note that tree density requirements, consistent with FWRC 19.120.130, may also apply to individual single-family lots and be verified at the time of building permit. 11. Public Comments – As of the date of this letter, the city has received 2 public comments, which are attached. PUBLIC WORKS – DEVELOPMENT SERVICES DIVISION Cole Elliott, 253-835-2730, Cole.Elliott@cityoffederalway.com Preliminary Plat Map 01-12-23 GENERAL 1. The City’s Approval Block (Standard Drawing 2-1) shall be on the lower right-hand corner of all plan sheets. 2. The Permit number shall be provided once the preliminary plat has been accepted as complete and an Engineering Permit for the improvements is issued. 3. The Cover Sheet must include the One Call phone number (1-800-424-5555). 4. The Cover Sheet must include the Development Inspectors phone number 253-261-5257 and the City’s ROW Inspection phone number 253-835-2725. Sheet 2 of 11 5. Legend needs to include Existing and Future ROW, and Road Monuments. 7 Doc ID 82787 Sheet 3 of 11 6. This sheet is entitled “Early Clear and Grade Plan”. No such application has been made to date. 7. It does not appear to be feasible to grade the site using only a single construction entrance off of 21st Ave SW without construction of a bridge or retaining wall (separate application and permit) and perhaps fill at the ravine. Sheet 5 of 11 8. Clarify whether proposed retaining wall along the northeast portion of site will be within or outside of “Future” City Right-of-Way. Sheet 7 of 11 9. Provide a separate cut and fill quantities table 10. Provide an impervious and pervious summary table for the plat (Not including the future home sites). 11. Proposed retaining wall design does not include a maintenance access road. 12. Current stormwater vault (separate permit) appears to include too many “dead zones” as designed. 13. Road A Section “A” (Sta. 16+66 to 21+33) does not correspond to City’s Type “W” cross section. Replace with Type “W”. 14. On Road A Section “B” (Sta. 14+18 to 15+66) and Section “C” (Sta. 10+45 to 14+18), typically roadway centerline and ROW centerline correspond. 15. Section “B” (Sta. 14+18 to 15+66) again does not include maintenance tract to bottom of retaining wall. 16. Section “C” (Sta. 10+45 to 14+18) must include a minimum utility section of 3 -feet not 2.5-feet as shown. Sheet 8 of 11 17. Tract B does not indicate access road for maintenance. 18. Tract B vault must meet King County Surface Water Design Manual (KCSWDM) Section 5.1.3 19. Storm Vault does not maximize separation of inlet and outlet for flow through operation. 20. Current design includes too many “dead zones”. 21. Proposed CB #22 is currently shown in wheel path. Relocate outside of wheel path. Sheet 11 of 11 22. Again, proposed CB #22 shown in wheel path. Relocate. 23. Again, Maintenance Tract to bottom of wall must be shown. 8 Doc ID 82787 24. Detail A – City counts wall height as base of footer as BW to top of wall TW. Measurements of detail and narrative given on AD request for retaining wall do not appear to correspond. 25. Detail B – Soil Nails or Tie Backs will not be allowed within City ROW. 26. Retaining Wall Detail is missing Sheet 2 of 2. Preliminary Technical Information Report (TIR) TIR Worksheet (page 5 of 376) – Proposed wall type is not MSE. Correct. TIR Worksheet (page 7 of 376) – Water Quality must be Enhanced Basic not Basic. Soil Survey Map (page 12 of 376) – This indicates Type B soil not Type C as shown in Model Program. Core Requirement No. 5 (page 17 of 376) – There will be only one (1) Stabilized Construction Entrance so remove the plural. Core Requirement No. 6 (page 17 of 376) – The City will not own or maintain the proposed stormwater vault. Section 4.2 (pages 31, 32 of 376) – 0.45-acres is proposed for by-pass due to site slopes. We do not see any corresponding area proposed for over detention to compensate for the by-pass. Change in condition from forested to till grass is not mitigation. WWHM Model (page 39 of 375) – The soils Map indicates Type B soils but the model is using Type C soils. Correct. WWHM Model (page 40 of 376) – Again the Soils Map indicates type B soils and model is assuming Type C soil. Correct. WWHM Model (page 41 of 376) – see above comment. WWHM Model (page 56 of 376) – This indicates the site as “Flat”, under what definition are you qualifying this site as flat? SEPA Checklist Comments A. Background Item 8 – Several items on the Environmental Information list was not included in the SEPA checklist file (see mark-up). Item 10 – A Public Works Administrative Decision will be required for the cast-in-place retaining wall. Currently the design fails to provide a maintenance road at the bottom of the wall (A Public Works requirement). 9 Doc ID 82787 B. Environmental Elements 1. Earth e. – If approved the back fill material within right-of-way (ROW) or future ROW must be crushed surfacing. The last paragraph of this section has a repeated statement. 2. Water a. 1) – Isn’t “Y” identified as an NG Stream? 3. Water a. 2) – Again you call stream Y a drainage. 4. Water a. 4) – Clarify whether you will or will not relocate the existing storm drainage discharge as part of your work. 5. Water a. 6) – Stormwater will be discharged to mimic PRE-DEVELOPMENT flows not existing. 6. Water c. 3) – Statement does not address proposed re-direction of existing stormwater discharge. 7. Water d. – Again stormwater release must meet PRE-DEVLOPMENT flows not existing as stated. 7 Environmental Health b. 3) – Hours of construction within right-of-way will be 8:30 am to 3 p.m. Hours of construction on-site will be in accordance with the City’s Noise Ordinance. 8 Land and Shoreline Use h. – Again Stream Y has been left off of list. Why? 9 Housing a. – Please provide your definition of “middle income”. PUBLIC WORKS – TRAFFIC SERVICES DIVISION Jason Kennedy, 253-835-2744, Jason.Kennedy@cityoffederalway.com The Public Works Traffic Division provides the following technical review comments at this time: Plans Comments: 1. Provide the conceptual illumination plan for roadway lighting on Road A using Public Works Development Standards Drawing 3-38. The illumination plan shall be designed by a professional engineer for streets with noticeable horizontal or vertical curvature, or if greater spacing is desired. The street design plan will need to be submitted as part of the engineering plan submittal. 10 Doc ID 82787 2. Provide plans for east/west trail generally following the alignment as outlined in the City’s Comprehensive Plan. Pedestrian and bicycle access shall be provided in 20 feet of dedicated right-of-way. Paved width shall be 12 feet. Provide pedestrian scale lighting for the ped/bike path per FWRC 18.55.070. The trail shall be constructed as part of the development proposal. 3. Provide intersection sight distance analysis for both intersections (22nd Ave SW @ Road A, Road A @ 21st Ave SW) and depict on the plan. 4. Road A shall be a Type “W” Local street, consisting of a 28-foot street with curb and gutter, four-foot planter strips with street trees, five-foot sidewalks and street lights in a 52-foot right-of-way (ROW). The cul-de-sac terminus bulb shall have a cross-section Type “Z” with 90-foot diameter pavement, 5-foot sidewalk, 3-foot utility strip and street lights in a 106-feet of ROW. Show correct cross-section in plans. Per City development standards, the planter strip width includes the 6-inch curb. The utility strip needs to be 3- feet. A street modification is need to deviate from Type W. 5. Show driveway widths and placement for each lot. 6. Offsite improvements for safe walking may be required pending comments from the school district. COMMUNITY DEVELOPMENT – BUILDING DIVISION Scott Sproul, 253-835-2633, scott.sproul@ciytoffederalway.com No comments at this time. LAKEHAVEN WATER AND SEWER DISTRICT Brian Asbury, 253-946-5407, BAsbury@lakehaven.org Lakehaven issued water & sewer Certificates of Availability for the site/project on 5/21/22. South. However, no other application has been submitted to Lakehaven that is necessary to be able to determine the applicant’s specific requirements for connection to Lakehaven’s water and/or sewer systems to serve the subject property. As previously noted, applicant will need to submit an application for either Developer Pre-Design Meeting or Developer Extension Agreement for Lakehaven to formally commence the water and/or sewer plan review process. Lakehaven encourages owners/developers/applicants to apply for Lakehaven processes separately to Lakehaven, and sufficiently early in the pre-design/planning phase to avoid delays in overall project development. The following additional comments are carried forward from the 2022 pre-application meeting summary as they are still relevant and applicable to the submitted preliminary plat application: 11 Doc ID 82787 GENERAL • All Lakehaven Development Engineering related application forms, and associated standards information, can be accessed at Lakehaven’s Development Engineering web pages (http://www.lakehaven.org/204/Development-Engineering). • All comments herein are valid for one (1) year and are based on the proposal(s) submitted and Lakehaven’s current regulations and policies. Any change to either the development proposal(s) or Lakehaven’s regulations and policies may affect the above comments accordingly. WATER • Lakehaven issued a Water Certificate of Availability for the proposed project/property on 5/13/22; Certificate is valid for one-year from date of issuance. • A Lakehaven Developer Extension (DE) Agreement will be required to construct new water distribution system facilities for the proposed development. Additional detail and/or design requirements can be obtained from Lakehaven by completing & submitting a separate application to Lakehaven for either a Developer Pre-Design Meeting or a DE Agreement. Lakehaven encourages owners/developers/applicants to apply for Lakehaven processes separately to Lakehaven, and sufficiently early in the pre-design/planning phase to avoid delays in overall project development. • All water service connection stubs (all components except the service meter) must be installed & approved by Lakehaven, prior to subdivision approval & recording. • A water service connection application submitted separately to Lakehaven is required for each new service connection to the water distribution system, in accordance with standards defined in Lakehaven’s current ‘Fees and Charges Resolution’. The associated DE Agreement must achieve a point of either Substantial Completion or Acceptance, as determined by Lakehaven, prior to activating any new domestic or irrigation water service connection(s). • Based on the proposal submitted, preliminary estimated Lakehaven water service connection fees/charges/deposits (2022 schedule) will be as follows. Actual connection charges will be determined upon submittal of service connection application(s) to Lakehaven. Connection charges are separate from any DE fees/charges/deposits & are due at the time of application for service. o Water Service/Meter Installation, 1” preliminary sizes: $560.30 fee (each). Actual size TBD by Lakehaven based on UPC plumbing fixture count. o Capital Facilities Charge(s)-Water: $5,097.65 per Equivalent Residential Units (ERU). SEWER • Lakehaven issued a Sewer Certificate of Availability for the proposed project/property on 5/13/22; Certificate is valid for one-year from date of issuance. • A Lakehaven Developer Extension (DE) Agreement will be required to construct new sanitary sewer system facilities necessary for the proposed development. Additional detail and/or design requirements can be obtained from Lakehaven by completing & submitting a separate application to Lakehaven for either a Developer Pre-Design Meeting or a Developer Extension Agreement. Lakehaven encourages owners/developers/applicants to apply for Lakehaven processes separately to Lakehaven, and sufficiently early in the pre-design/planning phase 12 Doc ID 82787 to avoid delays in overall project development. • All sewer service connection stubs (main-to-lot) must be installed & approved by Lakehaven, prior to subdivision approval & recording. • The associated DE Agreement must achieve a point of either Substantial Completion or Acceptance, as determined by Lakehaven prior to activating any new sewer service connection(s). • Based on the proposal submitted, preliminary estimated Lakehaven sewer service connection fees/charges/deposits (2021 schedule) will be as follows. Actual connection charges will be determined upon submittal of service connection application(s) to Lakehaven. Charges-Payable-in-Lieu-of-Extension (CPILOE), are assessable against the property for sewer facilities previously constructed that provide direct benefit to the property. If a DE Agreement is required, CPILOE charges are due prior to & as a condition of scheduling the Lakehaven preconstruction meeting. Connection charges are separate from any DE fees/charges/deposits & are due at the time of application for service. o Sewer Service Connection Permit: $441.78 fee (each). o Capital Facilities Charge(s)-Sewer: $5,039.47 per ERU. o CPILOE (ULID 17 [30” trunk] & ULID 22 [8” main]: $49,672.51. SOUTH KING FIRE AND RESCUE Sean Nichols, 253-946-7242, Sean.Nichols@southkingfire.org Water Supply: Fire Flow: A Certificate of Water Availability including a hydraulic fire flow model shall be requested from the water district and provided at the time of building permit application. Fire Hydrants: Fire hydrants shall be in service prior to and during the time of construction. Emergency Access: Fire apparatus access roads shall comply with all requirements of Fire Access Policy 10.006 (attached). Fire apparatus access roads shall be installed and made serviceable prior to and during the time of construction. Fire Sprinkler System: All home are subject to an NFPA 13 fire sprinkler system. This will depend on where the house is located on the site, the size of the structure and available fire flow. 13 Doc ID 82787 APPLICATION STATUS As of today, the review period (‘clock’) for the project has stopped. The review period will begin again within 14 days of a complete resubmittal of items requested/corrected. When resubmitting requested information, please provide a written response to each of the above-referenced comment from all departments and agencies and include a completed “Resubmittal Information Form” (enclosed). Resubmit electronically thru the permit center portal. Please be aware that this review does not preclude the city from requesting additional information related to any aspect of the preliminary plat. Note that as a result of redesigning and/or revising the plans, other city and agency comments and conditions may result in a request for additional or revised information. Pursuant to FWRC 18.05.080, if an applicant fails to provide additional information to the city within 180 days of being notified by mail that such information is requested, the application shall be deemed null and void and the city shall have no duty to process, review, or issue any decision with respect to such an application. Please note, the original plan review fee collected at submittal of your permit covers the initial review and one resubmittal. Commencing September 1, 2021, the city has begun charging applicants for any additional staff time necessary to complete each review following the first resubmittal. The FWRC can be reviewed in its entirety at http://www.codepublishing.com/wa/federalway/ If you have any questions regarding this letter or your development project, please contact me at 253-835-2646, or evan.lewis@cityoffederalway.com. Sincerely, Evan Lewis Senior Planner evan.lewis@cityoffederalway.com 253-835-2646 cc: Cole Elliott, Public Works Development Services Manager Jason Kennedy, Senior Traffic Engineer Scott Sproul, Building Official Brian Asbury, Lakehaven Water & Sewer District Sean Nichols, South King Fire & Rescue