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90-100823Tucci&Sons Inc. I October 3, 1996 Ms. Margaret Clark City of Federal Way - Community Development 33530 - 1st Way South Federal Way, WA 98003-6210 IFS-.CENED BY COMMI INITV OF V ROPMENT OIE=PARTMM OCT 7 1996 Re: Final Plat of Dash Pointe - Covenants, Conditions & Restrictions Dear Ms. Clark: Brett Jacobsen requested that I provide you a legal opinion concerning the need to amend the existing Covenants, Conditions and Restrictions for the preliminary plat of Dash Pointe to conform to the conditions of preliminary plat approval. It is my understanding that you have raised two issues concerning the Covenants. First, you are concerned that the Amendment subjecting Dash Pointe to the Covenants and the Stonebrook Homeowners Association makes reference to 35 lots when in fact the final plat will contain only 32 lots. Second, you are concerned that maintenance of the open space areas within Dash Pointe is clearly the responsibility and obligation of the Homeowners Association. I will address these issues in the order stated. Because the amendment subjecting the Dash Pointe real property to the Covenants was adopted prior to final plat approval and included the legal description of the entirety of the real property constituting Dash Pointe, it is of no consequence that the final plat includes fewer lots than stated. There is no doubt that every "lot", whether there be 35 or 32, is subjected to the provisions of the Covenants and that each owner will become a member in the Association. Certainly the Amendment to the Covenants is not a platting document and does not control the nurilber of lots witlik, the plat. There would be no legal effect of amending the Covenants to change the reference from 35 lots to 32. Turning to the second issue, I have reviewed the provisions of Section 4.13 of the original Covenants and am satisfied that the language is sufficient to make maintenance of all then existing and future open space and common areas the responsibility and obligation of the Homeowners Association. Section 4.13 must be read in context with the entirety of the Covenants, including the provision in the Second Amendment incorporating what was then designated as Stonebrook 2, including the property now being platted as Dash Pointe. The language of Section 4.13 creates expenses in common with all lot owners including operation and maintenance of common areas. Clearly the open space within Dash Pointe is "common area". The reference to Tracts A & B in Section 4.13 is not made by way of limitation. Rather the reference clarifies that areas specifically designated as open space 4224 WALLER ROAD TACOMA. WA 98443-1623 206-922-6676 206-922-2676 (FAX) jLY7 f- If 1L Ms. Margaret H. Clark October 3, 1996 Page 2 are included within the definition of "common areas" for purposes of this section. The language is broad enough and the overall intent clear enough that further amendment is not necessary. Accordingiy, the proponent requests that you delete any requirement that the Covenants, Conditions and Restrictions be further amended to accomplish the purposes discussed above. It is not my client's desire or obligation to request a special meeting of the Association to needlessly amend the covenants. The process of convening a special meeting would not only be burdensome and expensive but would only serve to further delay the finalization of this plat. Thank you for your consideration. V truly yours, Christop er M. Huss Corporate Counsel cc: Brett M. Jacobsen CITY OF FEDERAL WAY MEMORAND UM DATE: September 3, 1996 TO: City Council Land Use/Transportation Committee FROM: Margaret H. Clark, AICP, Senior Planner RE: Final Plat Application for Dash Pointe -- King County File No. 689-21/ Federal Way File No. H A90-PP1I I. SUMMARY OF APPLICATION M & T Joint Venture is requesting final plat approval of Dash Pointe, a proposed 32-lot single family subdivision on 30.7 acres, located generally between SW 328th and 333rd Streets and between 43rd and 48th Avenue SW, southwest of Lake Lorene. Dash Pointe is an "A" List Item being processed under the City of Federal Way/King County Interlocal Agreement. The City of Federal Way granted preliminary plat approval for Dash Pointe per Resolution 90-26 on May 15, 1990. City staff has reviewed the final plat of Dash Pointe for compliance with preliminary plat conditions and all applicable codes and policies and recommends approval of the plat to the council subject to verification of setbacks from steep slopes on Lots 8-13 as discussed in the staff report. — S oo sue„ ��jc. p i??G/1.5,7Cn/ r�� ur�ZC-(LL,Y/A,' [i vn/�w } ( I7cvGncnr, The attached staff report addresses how the applicants have fulfilled conditions of preliminary plat approval as listed in Resolution 90-26 and the February 12, 1990 King County Zoning and Subdivision Examiner Report. 11. REASON FOR COUNCIL ACTION As required by RCW 58.17.170 and Section 20-134 of the Federal Way City Code, prior to approving a final plat, the council is charged with determining whether the final plat substantially conforms to all terms of the preliminary plat approval, and whether the subdivision meets the requirements of all applicable state laws and local ordinances which were in effect at the time of preliminary plat approval. Bringing this matter before the City Council Land Use/Transportation Committee for review and recommendation prior to a decision by the full council is consistent with how land use matters are currently processed by the City of Federal Way. City Council Land Use/Transportation Committee September 3, 1996 Page 2 III. HEARING EXAMINER'S RECOMMENDATION A recommendation as to disposition of final plats by the Hearing Examiner is not required. IV. PROCEDURAL SUMMARY _ Nov 17, 1988 Application for preliminary plat approval filed with King County May 2, 1989 Mitigated Determination of Non -Significance issued by King County Dec 12, 1989 Public Hearing on Preliminary Plat by the King County Zoning and Subdivision Examiner Feb 12, 1990 Recommendation of preliminary plat approval issued by the King County Zoning and Subdivision Examiner Feb 28, 1990 City of Federal Way incorporated Mar 13, 1990 Project placed on the Interlocal Agreement "A" List May 15, 1990 Public hearing on the preliminary plat application in front of the Federal Way City Council; Thirty-six lot preliminary plat approved by the City of Federal Way per Resolution 90-26 July 7, 1992 Engineering plans approved; lots reduced to 35 as a result of steep slopes Jul 6, 1993 City Council granted a fourth -year extension of the preliminary plat approval period to May 15, 1994. Apr 18, 1994 Six-month administrative extension granted to November 15, 1994 Jul 5, 1994 Wetland information sent to City's Wetlands Consultant, Susan Meyer for her to do an inspection of the site and to review all previous correspondence to determine if all preliminary plat conditions had been met Aug 3, 1994 Ms. Meyer indicated in a memorandum that there appeared to be additional wetlands not specifically identified before located to the west City Council Land Use/Transportation Committee September 3, 1996 Page 3 of 47th Ave, the plat interior road. In addition, there appeared to be unstable soils in this area Aug 4, 1994 Final plat application submitted. Application put on hold to resolve wetlands issue Oct 26, 1994 The City granted the applicant a one year extension to allow the preparation of a wetland delineation for the newly discovered wetlands and a geotechnical report identifying what must be done to stabilize the slopes Dec 20, 1994 Plat alteration approved by City Council to add one additional lot along Hoyt Road to result in 36 lots Sept 15, 1995 Final plat application submitted to City Oct 17, 1995 The City received October 13, 1995 correspondence from Brett Jacobsen outlining a construction schedule for completion of improvements and requesting that if inclement weather prevented substantial completion of improvements prior to the required recording date of the final plat that they be allowed to record on the strength of the bond Oct 23, 1995 City responded in written correspondence that based on City policy, substantial completion of improvements must occur prior to approval and recording of the plat Nov 20, 1995 The City granted the applicant an administrative extension of the final plat approval period to allow substantial completion of improvements Sept 9, 1996 City Council Land Use/Transportation Committee discusses application for final plat approval of Dash Pointe V. DECISIONAL CRITERIA Pursuant to Section 20-134 of the Federal Way City Code, the City Council shall approve the final plat based on written findings if the following criteria has been met. 1. The final plat is in substantial conformance to the preliminary plat. City Council Land Use/Transportation Committee September 3, 1996 Page 4 2. The final plat is in conformity with applicable zoning ordinances or other land use controls. 3. All conditions of the Hearing Examiner and/or City Council have been satisfied. 4. All required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted. 5. All taxes and assessments owing on the property have been paid. All of the above criteria have been met except for Preliminary Plat Condition No. 9(b) relating to setbacks from steep slopes. This condition will be met prior to signatures and recording by King County. VI. COUNCIL ACTION A draft resolution recommending approval of the final plat for Dash Pointe is in the process of being prepared by the Legal Department. After consideration of the staff report and recommendation, if the Council finds that all criteria outlined in RCW 58.17.170, King County Title 19, and Section 20-134 of the Federal Way City Code have been met, the City Council may approve the plat for recording by a majority vote of its membership. &shpnte.luclp DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES STAFF REPORT REQUEST FOR FINAL PLAT APPROVAL DASH POINTE King County File No. 689-21 Federal Wray File No. ILA90-PP11 I. INTRODUCTION Date: September 3, 1996 Request: Request for final plat approval for Dash Pointe Description: Dash Pointe is a proposed subdivision of 32 single family lots on 30.7 acres. It was originally approved by the Federal Way City Council on May 15, 1990 per Resolution 90-26 (Exhibit A) as a 36 lot subdivision (Exhibit B -- Approved Preliminary Plat of Dash Pointe) King County zoning for the site at the time of application was Suburban Residential (S-R 9600). Lot sizes on the final plat (Exhibit C -- Final Plat of Dash Pointe) range from 7,951 square feet (Lot 16) to 23,438 square feet (Lot 29), with an average lot size of 11,785 square feet. From the north, access for the subdivision is proposed via 47th Avenue SW through the Stonebrook development and from the south, access is proposed via 40th Ave N.E. in Pierce County. (Exhibit C -- Final Plat of Dash Pointe, Sheet 3 of 5) . All roads and sidewalks within the proposed subdivision have been constructed, storm drainage facilities have been installed and water and sewer lines are in. Owner: M & T Joint Venture 4224 Waller Road Tacoma, Washington 89443 DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES STAFF REPORT REQUEST FOR FINAL PLAT APPROVAL DASH POINTE King County File No. 689-21 Federal Way File No. ILA90-PP11 I. INTRODUCTION Date: September 3, 1996 Request: Request for final plat approval for Dash Pointe Description: Dash Pointe is a proposed subdivision of 32 single family lots on 30.7 acres. It was originally approved by the Federal Way City Council on May 15, 1990 per Resolution 90-26 (Exhibit A) as a 36 lot subdivision (Exhibit B -- Approved Preliminary Plat of Dash Pointe) King County zoning for the site at the time of application was Suburban Residential (S-R 9600). Lot sizes on the final plat (Exhibit C -- Final Plat of Dash Pointe) range from 7,951 square feet (Lot 16) to 23,438 square feet (Lot 29), with an average lot size of 11,785 square feet. From the north, access for the subdivision is proposed via 47th Avenue SW through the Stonebrook development and from the south, access is proposed via 40th Ave N.E. in Pierce County. (Exhibit C -- Final Plat of Dash Pointe, Sheet 3 of 5) . All roads and sidewalks within the proposed subdivision have been constructed, storm drainage facilities have been installed and water and sewer lines are in. Owner: M & T Joint Venture 4224 Waller Road Tacoma, Washington 89443 (206) 922-6676; (206) 720-4045 Engineer: Jim Jaeger Jaeger Engineering 9419 S . 204th Place Kent, WA 98031 (206) 850-0934 Location: Between SW 328th and 333rd Streets and between 43rd and 48th Avenue SW; southwest of lake Lorene in Section 14, Township 21 North, Range 3 East, WM, King County (Exhibit D -- Vicinity Map). Sewage Disposal: Lakehaven Utility District. Water Supply: Tacoma Water Fire District: No. 39 - King County School District: No. 210 - Federal Way Report Prepared By: Margaret H. Clark, AICP, Senior Planner H. HISTORY AND BACKGROUND A Resolution of the City of Federal Way, Washington, approving the final plat of Dash Pointe designated as King County Building and Land Development File No. 689-2 1 /Federal Way File No. ILA90-PP11, is attached (Exhibit E). The preliminary plat of Dash Pointe consisting of 36 single-family residential lots on 30.7 acres (Exhibit B), was granted approval by the City of Federal Way on May 15, 1990 per Resolution 90-26 (Exhibit A, pages 1-3) based on the conditions in the December 12, 1989 King County BALD Preliminary Report to the Zoning and Subdivision Examiner (Exhibit A, pages 4-19) as approved in the February 12, 1990 King County Zoning and Subdivision Examiner Report (Exhibit A, pages 20-24) During engineering approval, the lots were reduced from 36 to 35 due to finding of additional steep slope areas. Subsequent to engineering approval, the applicant applied for modification to an approved preliminary plat (UPR92-0022) to convert a portion of Tract A, an open space tract located along Hoyt to a single family lot. City Council approved the plat alteration request on December 20, 1994 thereby increasing the lots from 35 to 36. The applicant applied for final plat approval in August 1994. During staff review, additional wetlands were discovered on the west side of 47th Avenue SW, the interior plat road. In order to provide for wetland studies and protection of the wetlands, an extension of the preliminary plat approval period was granted to November 1995. As a result of delineation of the wetlands and provision of required buffers, the lots were reduced to 32 lots. In September 1995, the applicant applied for final plat approval. Before improvements could be substantially completed, the rainy season arrived. The City has a long standing policy of requiring substantial completion of improvements prior to final plat approval and recording. Therefore, staff was unable to recommend final plat approval to the Council. Improvements are now substantially completed. However, when the City was preforming a final site inspection related to final plat review, additional steep slopes (slopes 40 percent or greater) were discovered on Lots 8-13. In the City of Federal Way, slopes 40 percent or greater require a 25 foot setback. However, since this plat is vested to King County Regulations, setbacks must comply to King County Hazardous Slope Guidelines which applies a certain formula to determine setbacks from steep slopes. The City is currently working with Geo Engineers, the applicant's engineers to determine the required setback on Lots 8-13. Dash Pointe is an "A" List item being processed under the City of Federal Way/King County Interlocal Agreement. As per RCW 58.17.170 and Section 20-134 of the Federal Way City Code, the council is charged with determining whether the proposed final plat conforms to all terms of the preliminary plat approval, and whether the subdivision meets the requirements of all applicable state laws and local ordinances which were in effect at the time of preliminary plat approval. City of Federal Way staff has reviewed the final plat of Dash Pointe for compliance with preliminary plat conditions and all applicable codes and policies. Preliminary plat Condition No.9(d) requires Building Setback Lines (BSBL's) to conform to the "Administrative Guidelines for Building Setbacks from Hazardous Slopes on Plats and Short Plats." All applicable codes and policies and plat conditions with the exception of No. 9(b) has been satisfactorily met. Staff recommends approval to the council on condition that said condition is satisfactorily met. The remainder of staff report addresses how the applicant has fulfilled the conditions of preliminary plat approval. M. COMPLIANCE WITH PRELUVUNARY PLAT CONDITIONS 1. Compliance with all platting provisions of Title 19 of the King County Code. Based on review of the file, an inspection of the site, and conditions as outlined in this staff report, staff has made the determination that the applicants have complied with the platting requirements of King County Title 19 (Subdivision Code). 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication which includes the language set forth in King County Council Motion No. 5952. King County Council Motion No. 5952 (March 26, 1984) requires that certain language be included as a standard condition of approval on all subdivisions and short subdivisions which require dedication of public road right-of-ways, construction of public roads, and/or installation of surface water retention/detention facilities. This language has been included under DEDICATION on Sheet 1 of 5 of the Final Plat (Exhibit Q. The Title Report shows certain parties as having ownership interest in the property. The required signature blocks are provided under the Dedication language on Sheet of 5 of the final plat (Exhibit C) . Signatures of all parties having ownership interest will be provided on the final plat mylar prior to signing by the Mayor and other department heads, and recording with King County. 3. The area and dimensions of all lots shall meet the minimum requirements of the SR 9600 zone classification or shall be as shown on the face of the approved preliminary plat; whichever is larger. (Minor revisions may be considered.) Lot averaging has been used to compute the lot sizes. Lot sizes range from 7,951 square feet (Lot 16) to 23,438 square feet (Lot 29), with an average lot size of 11,785 square feet. All lot sizes meet the requirements of King County Section 21.08.080 "Lot Area." 4. The applicant must obtain final approval from the King County Health Department. All lots will receive water from the City of Tacoma and, with the exception of Lot 32, all lots will receive sewer service from the Lakehaven Utility District. Lot 32 will be served by an on -site septic system. Lot 32 has received approval from the King County Health Department (Exhibit F). 5. All construction and upgrading of the public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 8041. Ordinance No. 8041 adopted the 1987 King County Road Standards which specifies standards for public and private road construction. Roads within the plat were designed and constructed in accordance with these standards. The interior road (47th Ave SW) has been constructed and that portion of Hoyt Road adjacent to the plat has been widened per the conditions of final plat approval. 6. If an area -wide fire protection assessment is authorized by King County prior to final recording of this plat, this plat shall be subject to any assessment provided by that ordinance. An area -wide fire protection assessment has not been authorized by King County, therefore this condition does not apply. 7. The applicant must obtain the approval of the King County lire Protection Engineer for the adequacy of the fire hydrant, water main, and fire flow standards of Chapter 17.08 of the King County Code. The proposed plat is located within the City of Federal Way, however, water is being provided by the City of Tacoma, not the Lakehaven Utility District As per correspondence dated January 27, 1994 from the City of Tacoma (Exhibit G), the water mains have been constructed according to approved plans and said facilities are in service. The Federal Way Fire District has reviewed and approved the hydrant spacing. The City of Tacoma will forward as -built drawings to the Federal Way Fire Department for their files as soon as they are available. 8. Final plat approval shall require full compliance with drainage provisions set forth in King County Code 9.04 and current storm drainage requirements and guidelines as established by Surface Water Management. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. The following conditions represent portions of the Code and requirements and shall apply to all plats. a. BALD approval of the drainage and roadway plans is required prior to any construction. The engineering plans (Exhibit H), which included drainage and roadways, were reviewed and approved by the City of Federal Way prior to construction. b. A separate Erosion and Sediment Control (ESC) plan for this project shall be submitted with the engineering plans. The plan shall show areas to be cleared (limits of the clearing) and provide a schedule of construction (construction sequence). This condition has been met per Sheet 5 of 7 of the approved engineering plans (Exhibit I). c. Retention/detention (R/D) facilities shall be located in tracts, unless located within improved King County rights -of -way. Maintenance access shall be provided to all facilities. This will require a 15-foot access roadway to all manholes (R/D). Access must also be provided for maintenance of the entire pond. The retention/detention facilities are located within the roadway. All manholes are located within the roadway with the exception of CB #7 and CB #8 which are located within a 10 foot easement located on Lots 14, 16, and 17. Access to this area is by a 15 foot access easement located to the east of these lots. Therefore, this condition has been met. d. Prior to recording of the final plat, those portions of the retention/detention facility necessary to control the flows discharging from the site shall be constructed and operational. This condition has been met. All storm drainage facilities have been constructed and are functioning. e. Oil/water separation facilities shall be provided at each point of permanent storm drainage release from the site so contaminants do not enter natural drainage features. In addition to standard King County oil/water separators, the applicant is required to provide biofiltration prior to discharge of stormwater into any sensitive area (e.g. streams, wetlands, lakes, etc.). Such biofiltration includes 200 feet of broad, flat -bottom, grass -lined swales) or equivalent systems. Oil/water separation facilities have been designed and approved as part of engineering review (Sheet 1 of 7) of the approved engineering plans (Exhibit I). Biofiltration has been provided per rip rap flow spreader as shown on (Exhibit 1). f. Drainage outlets (stub -outs) shall be provided for each individual lot, except for those lots approved for infiltration by King County. Stub -out shall be shown on the engineered plans and shall conform to the following: 1) Each outlet shall be suitably located at the lowest elevation on the lot, so as to service all future roof downspouts and footing drains, driveways, yard drains, and any other surface or subsurface drains necessary to render the lots suitable for their intended use. Each outlet shall have free -flowing, positive drainage to an approved stormwater conveyance system or to an approved outfall location. Drainage outlets have been installed for each lot in compliance with this condition. However, connection to the storm drainage system will not be authorized until it is determined that an infiltration system is not feasible as verified by soil logs. Infiltration feasibility will be determined on a lot by lot basis at the time of building permit application. 2) Outlets on each lot shall be located with a five -foot -high, 2" x 4" stake marked "storm" or "drain". The stub -out shall extend above surface level, be visible and be secured to the stake. This condition has been met. 3) Pipe material shall conform to underdrain specifications described in KCRS 7.04 and, if non-metallic, the pipe shall contain wire or other acceptable detection feature. The pipe materials installed are to the satisfaction of the City. 4) Drainage easements are required for drainage systems designed to convey flows through more than one lot. This condition has been met per drainage easements shown on Sheet 5 of 5 of the Final Plat (Exhibit C) and per Notes No. 7, 12, and 13 on Sheet 2 of 5 of the final plat (Exhibit Q. 5) The developer and/or contractor is responsible for coordinating the location of all stub -out conveyance lines with respect to the utilities (e.g. power, gas, telephone, television). This condition has been met. 6) All individual stub -outs shall be privately owned and maintained by the lot home owner. Note No. 2. "Downspout Note" on Sheet 2 of 5 of the final plat (Exhibit C) addresses this condition. g. In some cases, on -site infiltration systems may be accepted for detention for the lots depending on soil conditions. To determine the suitability of the soil for infiltration systems, a soils report that includes percolation tests and a soil log taken at 6-foot minimum depth shall be submitted by a professional engineer, or soil specialist. This shall include, at a minimum, information on soil texture, depth to seasonal high water and the occurrence of mottling and impervious layers. The report shall also address potential down gradient impacts due to increased hydraulic loading on slopes and structures. Soil permeability data obtained form the design of the septic system may be used for the drywell retention system, provided data is submitted verifying that no impervious layer exists within 6 feet of the soil surface. If the soils report is approved, the infiltration system shall be installed at the time of the building permit. A note to this effect shall be placed on the map page of the recorded document. The drainage plan and the recorded document shall indicate each lot approved for infiltration. At the time of building permit, infiltration feasibility will be determined. Wherever possible, infiltration shall be utilized unless determined not to be feasible as verified by soil logs. Notes No. 2 "Downspout Note" and No. 15 addressing drainage for Lots 7, 17, and 18 both found on Sheet 2 of 5 of the final plat (Exhibit C) address this condition. h. Include with the drainage plan a downstream analysis. This analysis must extend for a minimum distance of 1/4 mile from the point of release of each flow discharging from the site. The analysis must address any existing problems with flooding, capacity, overtopping, scouring, sloughing, erosion or sedimentation of any drainage facility, whether natural or man-made. Probable impacts due to construction of the project must also be addressed with respect to these same concerns. Where this analysis reveals more restrictive conditions, more stringent drainage controls may be required than would otherwise be necessary for a project of this type. These controls may include additional on -site rate and/or volume controls, off -site improvements, or a combination of both. Any off -site improvements will require the approval of all affected property owners. A downstream analysis was prepared. More stringent requirements were not necessary. i) Current standard notes and ESC notes, as established by BALD engineering review, shall be placed on the engineered plans. This condition has been met as per language on Sheets 4 and 5 of 7 of the approved engineering plans (Exhibit I). j) The following notes shall be provided on the map page of the recorded document: "all building downspouts, footing drains and drains from all impervious surfaces such as patios and driveways shall be connected to the approved permanent storm drain outlet as shown on the approved construction drawings # on file with the Department of Public Works. This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval." Those lots that are designated for "Individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with plans on file at the Public Works Record Center." This language has been provided in Note No. 2 on Sheet 2 of 5 of the final plat map (Exhibit Q. 9. Isolated areas of steep slopes (40% or greater) exist on portions of the proposed subdivision. These appear to be located in the vicinity of Lots Nos. 1, 2, 3, 4, 7, and 30, as shown on the proposed preliminary plat received October 9, 1989. To protect the steep slopes and the adjacent property, the following conditions shall be satisfied: a) Prior to final engineering plan approval, a licensed land surveyor shall determine the limits of all steep slopes which exist within the proposed subdivision. Since preliminary plat approval, the lots have been renumbered. Lots 3, 4 and 7 are now included within Tract B which has been designated as a Native Growth Protection Easement. Tract B includes wetlands and an adjacent 50 foot buffer. Lots 1 and 2 have been renumbered as Lots 31 and 30 respectively; there are no steep slopes in this area. Portions of Lots 8 and 9 are now located where Lot 30 previously was. Steep slopes have been delineated on Lots 8 and 9 as shown on Sheet 5 of 5 of the final plat (Exhibit Q. b) The top and toe of the slope shall be delineated on the final engineering plan and recorded plat. This condition has been met as shown on Sheet 5 of 5 of the final plat (Exhibit Q. c) The areas of steep slopes (40% or greater) shall be designated with a Native Growth Protection Easement (NGPE) on the final engineering plans and recorded subdivision. Any steep slope area located adjacent to the wetland shall be included within the designation of the wetland tract. Any steep slope area not located adjacent to the wetland may be recorded as an easement on the affected lot(s). Areas with slopes 40 percent or greater are shown on Lots 8-13 of the final plat map. There was one steep slope area adjacent to the wetland on Lot 8. This area has been included within Tract A, the wetland tract. The remainder of the steep slope area on Lot 8 and those on Lots 9-13 are shown as easements on these lots [Sheet 5 of 5 of the final plat (Exhibit C)]. d) An additional Building Setback Line (BSBL) from the top and toe of the slope shall be designated on the final approved engineering plans and recorded subdivision. The BSBL shall conform to the "Administrative Guidelines for Building Setbacks from Hazardous Slopes on Plats and Short Plats" (adopted February 1, 1987). A geotechnical report may be required to justify the final BSBL. The City is currenly working with Geo Engineers, the applicant's engineers to determine the required setback on Lots 8-13. Once determined, the appropriate setback will be placed on the mylar prior to signatures and recording with King County. 10. A wetland (Type 2) traverses the center of the proposed subdivision. A wetland boundary is described in the wetland study prepared by Del Moral and Associates dated October 9, 1989. The following conditions shall be satisfied with respect to this wetland: a. The original wetland study (dated October 9, 1989) shall be revised to include additional wetland areas in the vicinity of lot nos. 30 through 36 (as per revised plan received October 9, 1989). The revised wetland study shall be subject to the review and approval of the BALD wetland specialist. This condition has been met. b. The final wetland area plus a 50-foot buffer shall be designated as a Native Growth Protection Easement (NGPE) . This condition has been met. c. The NGPE shall be located within a separate tract and shown on the approved engineering plans and recorded final plat. The NGPE's have been located within separate tracts -- Tracts A and B. d. An additional 15-foot Building Setback Line (BSBL) shall be delineated adjacent to the NGPE and shown on the approved engineering plans and recorded final plat. A 15-foot building setback line adjacent to Tract A and Tract B is shown on the final plat [Sheets 4 and 5 of 5 of the final plat (Exhibit Q]. e. All stormwater generated by roadways within the proposed subdivision shall pass through an oil/water separator and at least 200 feet of biofiltration or equivalent prior to discharge into the wetland. oil/water separation facilities have been designed and approved as part of engineering review (Sheet 1 of 'n of the approved engineering plans (Exhibit Fn. Biofiltration has been provided per rip rap flow spreader as shown on (Exhibit 1). 11. Through the installation of a sanitary sewer line and other past activities, a significant portion of the vegetation within the wetland and the wetland buffer has been eliminated. To mitigate for the loss in vegetation, the following conditions shall be satisfied: a. The final engineering plans shall include a vegetative enhancement plan. The plan shall be prepared by a biologist specializing in wetland enhancement. The plan shall be subject to the review of the BALD wetland specialist. This condition is no longer applicable, as the wetland vegetation originally disturbed by the installation of sewer line has significantly recovered with native vegetation. Please refer to June 11, 1996 Correspondence from the City's Wetlands Consultant, Adolfson Associates, Inc. (Exhibit J). b. The final plan shall note the name, address, and phone number of the biologist retained to monitor the implementation of the enhancement plan. This condition is no longer applicable. C. The biologist shall conduct a three-year monitoring program. The site will be evaluated at least twice a year to evaluate the survival and growth of the planted vegetation. An annual report will be prepared and submitted to BALD for review and approval. This condition is no longer applicable d. The applicant shall post a Wetland Enhancement Performance Bond. Upon approval of the final monitoring report or when the enhancement plan is deemed successful, whichever is later, King County shall release the bond. This condition is no longer applicable 12. The following statement shall be shown on the approved engineering plans and recorded final plat: Buildine setbacks and Native Growth Protection Easements Structures, rill and obstructions (including, but not limited to decks, patios, outbuildings, or overhangs beyond 18 inches) are prohibited within the building setback line (BSBL) and restricted floodplains (if applicable), and within the Native Growth Protection Easement(s) as shown. Dedication of a Native Growth Protection Easement (NPGE) conveys to the public a beneficial interest in the land within the easement. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, visual and aural buffering, and protection of plant and animal habitat. The NGPE imposes upon all present and future owners and occupiers of the land, subject to the easement, the obligation, enforceable on behalf of the public by King County, which permission must be obtained in writing from the King County Building and Land Development Division or its successor agency. Before and during the course of any grading, building construction, or other development activity on a lot subject to the NGPE, the common boundary between the easement and the area of development activity must be fenced or otherwise marked to the satisfaction of King County or its successor agency. This condition has been met per language on Sheet 2 of 5 of the final plat (Exhibit C) -- 'Building Setbacks & Native Growth Protection Easements." 13. Erosion occurs downstream of the proposed subdivision. Increased runoff could potentially impact downstream property. Due to the potential downstream impacts, a more restrictive drainage design shall be required for this subdivision. The release rate shall not exceed a pre -development 2-year storm, and detention shall provide storage for a post -development 50-year storm (i.e., 2-50 design). Review of the downstream analysis may require even greater restrictions than mentioned above. This condition has been met and exceeded as the drainage is designed to accommodate a 100-year storm instead of a 50-year storm event. 14. No retention/detention facility shall be located within the wetland or the wetland buffer. The retention/detention facility is located within the road. Portions of the biofiltration facilities are located within the wetland buffer, however, these are considered conveyance facilities, not retention/detention facilities. 15. The majority of the site appears to be seasonally saturated with groundwater. Numerous seeps and springs are found throughout the site. Field investigations by BALD identified seeps and springs in the vicinity of 47th Ave. S.W., 331st Ct., S.W. 330th Ct., Lots Nos. 3, 4, 9, 10, 13, 14, 17 through 28 (as per the revised plan received October 9, 1989). A report detailing the groundwater/soil conditions at these locations shall be prepared by a professional geotechnical engineer. The report shall make specific recommendations for the design of a dewatering plan and a roadway subgrade plan which will ensure the integrity of future roadways, buildings, and utilities. The recommendations shall be subject for review and approval by King County BALD. The final engineering plans shall include a dewatering plan and roadway subgrade plan which satisfies the final geotechnical recommendations. Through the investigation of groundwater/soil conditions, the geotechnical consultant may identify other issues relevant to the project. It is the consultant's responsibility to include a discussion of these issues, their impact on the project, and recommendation for mitigating any identified geotechnical hazards. A June 15, 1990 geotechnical report was prepared. Interceptor drains were installed to address this problem. 16. Off -site flows from the upstream property appear to enter the site of the proposed subdivision in the vicinity of Lots Nos. 12 and 13 (as per the revised preliminary plat received October 9, 1989). The final engineering plans shall include adequate stormwater conveyance to collect all off -site flows. This flow was handled and taken care of with the construction and development of the plat to the north. 17. Ponding water occurs in the vicinity of Lot 28 (as per the revised plan received October 9, 1989). The design of the retention/detention facility shall fully compensate for the ponding water which exists at this location. This condition was met through engineering review and approval. 18. Hoyt Road S.W. shall be improved with curb, gutter, and sidewalk, and 22 feet of paving from centerline. The required improvements have been made to Hoyt Road. 19. Twelve feet of additional right-of-way for Hoyt Road S.W. shall be dedicated along the eastern property boundary, allowing for 42 feet of right-of-way from centerline. Dedication has been addressed on Sheet 3 of 5 of the final plat (Exhibit Q. In addition, at the time of final plat recording, a statutory warranty deed dedicating the 12 feet of additional right of way to the City will be recorded with King County. 20. The planter island, if any, within the cull -de -sacs shall be maintained by the abutting lot owners. This shall be stated on the face of the final plat. Planter islands have been provided. The Stonebrook Homeowners Association has requested that they maintain planter islands. Therefore, if the islands are planted, they would be maintained by the Homeowners Association [Note No. 14 on Sheet 2 of 5 of the final plat (Exhibit C)]. 21. All lots adjoining an area or having area with an NGPE restriction shall be provided with an acceptable boundary delineation between the lot or portions of the lot and the area restricted with the NGPE. Said boundary delineation shall be in place prior to any grading or clearing of the subdivision and remain in place until a dwelling is constructed on the lot and ownership transferred to the first owner -occupant. This condition will be met per Note 11 on Sheet 2 of 5 of the final plat (Exhibit C) . 22. The applicant shall demonstrate compliance with King County Slope -Density Guidelines as provided in Attachment 9 prior to approval of the plan and profile. This may result in the loss and/or reconfiguration of lots. This condition has been met. All lots meet the guidelines. 23. If lot make-up area is required, calculations demonstrating compliance must be submitted prior to approval of the plan and profile. Lot make-up was not required. 24. The applicant shall comply with K.C.C. 19.38 by paying a fee to the Parks Division in- lieu of providing on -site open space. (K.C.C. 19.38 establishes the formula for said fee amount.) A fee -in -lieu of park dedication in the amount of $12,091.77 was paid to the City on October 30, 1995. 25. A homeowners' association or other workable organization shall be established to the satisfaction of BALD which provides for the ownership and continued maintenance of the open space area(s). This condition has been met per language in the Fifth Amendment to the Protective Covenants, Conditions, and Restrictions for Stonebrook Divisions 1 and 2, which will also apply to Dash Pointe. 26. The following have been established by SEPA as necessary requirements of this development as mitigation. The applicants shall demonstrate compliance with these items prior to final approval: a. The wetland and its buffers shall be delineated and shown in a separate tract and designated as an NGPE, in accordance with Comprehensive Plan Policy E-329. The tract and NGPE (as appropriate) shall be shown on the engineering plans and the lmal recorded plat. This condition has been met. Tracts A and B are designated as separate tracts to be owned and maintained by the Stonebrook Homeowners' Association of which Dash Pointe will be a part [ Sheets 3 and 4 of 5 of the final plat (Exhibit Q . b. A feasibility study comparing alternative sanitary sewer alignments and detention facility locations with respect to the wetland and buffer shall be prepared prior to engineering plat approval. This condition was met prior to engineering review and approval. The sanitary sewer was relocated out of the wetlands further to the west and up the slope to its existing location. C. To reduce the risk of increased erosion, construction related to clearing, filling, and grading shall be limited to the months of April through September. This condition was met during installation of required plat improvements. d. To minimize potential downstream flooding, the stormwater design shall utilize a 2-year release rate and a 50-year storage based on the 24-hour storm. This condition has been met and exceeded. e, Required floodplain information for the stream and wetland shall be submitted with the engineering plans. The floodplain shall be delineated as an NGPE. Information addressing this condition was submitted in the Technical Information Report submitted as part of engineering review and approval. The limits of the 25-year floodplain are shown on Sheet 5 of 7 of the approved engineering plans (Exhibit I). 27. The applicant has stated his intent to construct the surface water drainage system of sufficient capacity to provide detention for the volume of water involved in a one hundred year event storm, with an outflow rate equal to the two year event storm. Based upon the applicant's statement of willingness and intent, the City Council finds that the same should be imposed as an additional requirement and condition of approval. This condition has been met. 28. The surface water drainage shall be reviewed by King County Surface Water Management for compliance with the King County and Federal Way Surface Water Management Codes and shall be redesigned and/or modified to meet the requirements of the King County Surface Water Management Department. This condition has been met. 29. In acknowledgment that the City of Federal Way has no City -owned park and recreation facilities at the time of this approval and that a determination had been made by the applicant and King County prior to incorporation of the City, that a fee in lieu of dedication should be paid, said condition of approval should be modified to provide that any such fees should be paid to the City of Federal Way and not King County. This condition has been met with payment of fees to the City on October 30, 1995. V. DECISIONAL CRITERIA Pursuant to Section 20-134 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: CRITERION #1 -- The final plat is in substantial conformance to the preliminary Plat. Response -- This criterion has been met. CRITERION #2 -- The final plat is in conformity with applicable zoning ordinances or other land use controls. Response -- This criterion has been met. CRITERION #3 -- All conditions of the Hearing Examiner and/or City Council have been satisfied. Response -- This criterion has been met except for Preliminary Plat Condition No. 9(b) relating to setbacks from steep slopes. This condition will be met prior to signatures and recording by King County. CRITERION #4 -- All required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted. Rinse -- This criterion has been met. All road and storm drainage improvements have been constructed. In addition, all water and sewer lines have been installed. Adequate bonding is in place with the City, Lakehaven Utility District, and the City of Tacoma. CRITERION #5 -- All taxes and assessments owing on the property have been paid. 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. VI. CONCLUSION Based on a site visit, review of the final plat maps, construction drawings, and the project file, staff has determined that the application for final plat approval for Dash Pointe meets all platting requirements of RCW 58.17.070, King County Title 19, and Section 20-134 of the Federal Way City Code, except in regard to the setback from steep slopes which will be resolved prior to signatures and recording with King County. A recommendation of final plat approval is therefore being forwarded to the City Council for your approval. EXHIBITS Exhibit A Resolution 90-26 -- May 15, 1990 City of Federal Way Preliminary Plat Approval of Dash Pointe with accompanying Hearing Examiner and King County BALD Report Exhibit B 81/z x 11 Reduced Copy of Approved Preliminary Plat of Dash Pointe Exhibit C 81/z x 11 Reduced Copy of Final Plat Map of Dash Pointe (five pages) Exhibit D Vicinity Map for Dash Pointe Exhibit E Final Plat Resolution of the City of Federal Way, Washington, approving the final plat of Dash Pointe Exhibit F Health Department Approval for Lot 32, Dash Pointe Exhibit G January 27, 1994 Correspondence from City of Tacoma Exhibit H 81/z x 11 Reduced Copy of Approved Engineering Plans for Dash Pointe (six pages) Exhibit I Detail of Rip Rap Flow Spreader Exhibit J June 11, 1996 Correspondence from Adolfson Associates, Inc, dashpnte\finalplt.rp 1 M & T Joint Venture 4224 WALLER ROAD EAST TACOMA, WA 98443 206-922-6676 November 27, 1995 Gregory D. Moore Community Development Services Director City of Federal Way 33530 - 1st Way South Federal Way, WA 98003-6210 Dear Mr. Moore: SUBJECT: DASH POINTE FINAL PLAT -KING COUNTY FILE #S068921, FEDERAL, WAY FILE #ILA-90-PP 11 Thank you for your letter of November 20, 1995. We appreciate the City's cooperation and have every expectation that we will be able to complete the improvements in a timely manner, get final plat approval, and complete the residential development of this property. We do, however, want to state that we are proceeding without waiving our right to contend that the City must accept bonds for completion of the improvements. M & T Joint Venture believes that it did timely file a complete package and is entitled now to final plat approval. Nonetheless, as I indicated above, we fully expect to work within the framework of your letter and complete the improvements at the earliest possible opportunity. Thank you for your cooperation. CITY OF/'gC.-- \ M' July 8, 1993 Mr. David Morrison M & T Joint Venture 4224 Waller Road Tacoma, WA 89443 33530 1ST WAY SOUTH 661-4000 FEDERAL WAY, WA 98003-6210 RE: Fourth Year Extension for Preliminary Plat Approval of Dash Pointe -- Interlocal Agreement "A" list Item, King County File #S068921, Federal Way File ILA-90- PP11 Dear Mr. Morrison: On July 6, 1993, pursuant to King County Title 19.28.050.D, the Federal Way City Council granted your request for a fourth year extension for the preliminary plat approval of Dash Pointe to May 15, 1994. Therefore, the final plat of Dash Pointe must be recorded by May 15, 1994. Should you have any questions, please call Margaret Clark at 661-4111. Sincerely, Gregory D. Moore, AICP, Development Services Manager c: Kathy McClung, Land Use Administrator Margaret H. Clark, Senior Planner Ron Garrow, Senior Development Engineer DASHPNTE\PPEXT.DC PROPOSED PLAT OF DASH POINT FILE NO. 68.9-21 within the designation of the wetland tract. Any steep slope area not located adjacent to the wetland may be recorded as an easement on the affected lot(s). d. An additional Building setback Line (BSSL) from the top and toe of the slops shall bedesignated on the final approved engineering plans carded subdivision. The BSBL shall conform to the ird"AdministratrdduseSlogesGuidelflnePlaCs ands for lsharrtSPlata" report (adopted February 1, 1967). A gaotechnical may be required to•justi£y the final SsBL. 10. A wetland (Type 2) traverses the center Of the proposed • subdivision. A wetland bouadlaHoral andis cribed in Associateshe wetland study prepared by 0 dated October 9, 1999• The following anddltians shall be satisfied with respect to this a, The original wetland study (dated October 9, 1984) shall be revised to include additional wetland areas in the vicinity of at nos. 70 through 3 6 (as per revised plan received October 9, The reviewvanddwetland approval Ofudy shall subject to the theBALD .jetland specialist. b. The final wetland area plus a 50-toot buffer shall be designated as a Native Growth Protection Ease- ment (NGPE). arate C. The NGPE shall be loedpro ed engineeringpplans andct shown and shown on thep recorded final platP ck ne d. An didelineated adjacentnto theai HGPEand( shallbeshown on the approved engineering plans and recorded final Plat- e. All stor'mwater generated by dways thrvughwithin an Oil proposed subdivision shall pass water separator and at least 200 feet of biofil- prior t❑ discharge into the tration or equivalent wetland. 11. Through the installation at a sanitary sewer line and l other past activities, a significant portion of the and vegetation within the wetland the etland buffer w for he loss in ha been t neliminhe ated. To conditionsgehalltege- on, be satisfied a, The final engineering plans shall include a t plan. The plan shall be vegetative enhancemen prepared by a biologist speciaiizing ct wetland prearanbancemenC. The plan shall be subject to the review of the BALD wetland specialist. 1 plan shall note the nameaddress, and b, The fin" phone number of the biologist retained monitor the implementation of the enhancement plan c, The biologist cTheusite will ebeeevalueted at monitoring P geararoto evaluate the survival and least twice a y 12 PROPOSED pLAT OF DASHVO-689I1T FILE21 growth of the planted vegetation. An annual re- port will be prepared and submitted to BALD for review and approval. d. The applicant shall post a Weof Enhancement Perforance Bond. Upon approval final mof the monitoring report or when the enhancement plan a deemed successful, whichever is later, King County shall release the bond. 12. The following statement shall be shown on the approved engineering plans and recorded final plat: Building setbacks and Native Growth Protection Easements structures, fill and obstructions [including, but not limited to decks, patios, outhuilditd within ❑r overhangs beyond IS inches] are prohibiten the building d floadglains [if setback line (556L) and restricte applicable], and within the Native Growth Pzatection Easement(s) as shown. rotection asement DedlcatconveysatoatheepublichapbeneficialEinterest In (NGpe) This interest includes the 'Land within the easement. ur bass the preservation publicof ive health tation safetyfandawelfare, that benefit the P surface water and erosion, main - including control of visual and aural buffering, tersance of slope stability, and protection of plant and animal habitat. The NGFE imposes upon all present and future owners atheoccu abli- piers of the land, subject tf the he publimen King gation, enforceable on behalf ❑e the public by County, which permission must be obtained Development from the King County Building and Land Acvelopment Division or its successor agency. building Before and during the course of any grading,lot construction, or othe�hBeCa�oneboundarynt ibetweenty on a the be subject to the NGPE, eas fenced noraotherwise emarked a of etolthe esatlsfactioamaLtKing County or its successor agency. 13. Erosion occurs downstream of the proposed subdivision. Increased runoff could potentially Impact downstream �^ property. Due to the potential downstream required far more restrictive drainage dise esign shall be r ot exceed a this subdivision. The relee andadetention te shall nshall pre -development 2'Y stom and de ten io-Year storm provide storage for aReview of the downstream analysis [i,e. 2-50 design) restrictions than mentioned may require above. 14. No retention/detention facility shall be located within wetland or the wetland buffer. the 15. The majority of the site appears to be seaeoandlsprings saturated with groundwater. NumFigld investigations by a in the vicinitY ❑f are found throughout Cha s t°• t lies_ BALD identified seeps and spring 47th Ave. S.H. , 771st ct., S.H_ ]SOtYs Ct., a, 9, ld, 17, ]�. 17 through 20 (as per the revised 7, 19s9j. A report detailing plan received October 9, 13 PROPOSED PLAT C )sit POINT Fll.b ,+b. 689-21 groundwater/soil conditions at these locations shall be l ,,,technical engineer. The prepared by a Professionafor report shall make specifi,anrand a roadway s6ubgrade plan design Of a dewatering P of future roadways, which -ill ensure the integrity buildings. and utilities. The zecoxmenGduntng8ALp11 be subject to review and approval by Ring Y The final engineering plans shall include a dewatering plan an roadway nicaluzecrade plan mzendationach satisfies the final g igation ,f groundwater/ Through the investsoil conditions the geotechto the consultant ItYisdtheiCon- other issues relevant to tosinclude a discussion of sultant's responsibility ro ect, and recom- these issues, their impact on denthe project, riendation Io[ mitigating any identified geateotsnical hazards. 16. off -site flows from the upstream property appear to enter the site of the proposed subdivisicn in the . lz and 17 (as per the revised eefinal vicinity of iot Nosceived October 19e9 preliminary plat re engineering plans shall include adea Squate tvrmuater conveyance to collect aloff-situ !lows. l as er 17. pending water occurs in the vicinity of Lot 2The design the revised plan received October 9, hale). of the retention/detention facility shall fully compen- sate for the pondinq Water which exists at this location. shall be urby is. Hoyt Roaand sidewalk, and 22 feet ofdpavingwith cfrom gutter, centerline. 19. Twelve feet of additional right - eastern property of -way for Hoyt Road S.W. shall dedicated 42along feet the of right-of-way from boundary, allowing centerline. 2D. The planter islands, abutting any, within the owners. sacs shall be maintained by the f theg final plat. This shall be stated on the face of area with a tiCPE ZX, ill lots adjoining an area or hating rll l iotion shall be Provided with anacceptable ary delineation between the lot or portions said boundary S. and the area restricted with the priorpto any grading Or delineation shall be in p lace until a of the subdivision and remain in Place wnership dwelling is constructed ion the lot and ❑ ferred to -the first owner -occupant. iance Ying 22. The nppli�nt shall demonsCrate ComprovidedwinhAttachia county slope -density Guidelines as p went 9 prior to approval of the plan and profile. may result in the loss and/or rec❑nfigzsration of lots. 23. If lot make-up area is required. calculations to demonstrating compliance must b, submitted p approval of the plan and p 24. The applicant shall comply with X.C.C. providing in paying fee to the Parks Division in -lieu -of providing on - 14 ry � PROPOSED PLAT OFFILE NO'H689I21 site open space. (K.C.C. 19.38 establishes the formula for said fee amount.) zatio rgan 25• shallebe establishedttonthe satisfacti nlofor other workabeoBALDiwhiehn provides for the ownership and continued maintenance of the open space area(s). 26, The following have been established by SEPA as necessary requirements of this development as mitiga- tion. The applicants shall demonstrate compliance With these items prior to final approval: all be ed a• and shown ninaadseparate its ftract ers hand designatedasan HOPE, in accordance with CoaarehenaireatlPlan sPolicy E-329. The tract and tiGPE ( lans and the final be shown on the engineering P recorded plat. b. A feasibility study comparing alternative sanitary sever aligestetQgthedwetlanddetention anions dfbuffer Yshall tbe- with rasp plat approval. prepared prier to engineering C. To reduce the risk of increased erosion, construction related to clearing, filling, and consbe limited to the months of April grading shall through September. d, To minimize potential downstream floodeiargrele rat and a desi50-yearhall lize the 24-hour rate and a 50-y storm. in inform tion for the stream e Rewetlanddshalldbeasubmitt daand with the engineering plans. The floodplain shall be delineated as a NGPE. OTHER DERATIONS: 1, The subdivision shall conform to KCC 16.78 relating to grading on private property. 2. Development of the subject property may require registrationwith Estate Divieionn State Department of Licensing, Real 3. Preliminary approval of this application does not limit the applicant's responsibility to obtain any required permit or license from the State or other regulatory body. HK:lg 11/21/89 TRANSMMED TO PARTIES LISTED HEREAFTER: Seafirst Hationa•1 Bank 701 Fifth Avenue, loth Floor, Columbia Center, Seattle, WA 98104 Bob West Seattle, WA 98116 1714 Palm Ave. S.W., John R. Newell P.O. Box 396, Renton, WA 98057 15 - - -- -- - "q" OF E iLDING AND LAND INTHRI-OCR AGREH?"1ENT The following permit applications are to be transferred to the City of Federal Way- for further processing: --'Grad i ng - - C89O1412 31901 47th Avenue SW C89O3136 136 SW 312th St./Fred Meyer Grading C89O2825 301 South 320th/Group Health Grading CBS00534 Large C89O1388 Large C89O1654 Large CSSO1725 ✓Large C89O1988 ✓Large C89O2155 vLarge vMultif amily C89O0152 Cep C8901957 D�l� Mu1tif amity multifamily C89O2273 ,-Multifamily C8902279 �1uI ti f ami l y C89O2294 Shortplat S895O181 Shortplat S895O230 Shortplat S895O288 Shortplat S8950341 Shortplat S895O407 Shortplat S895O408 General Renew C9O00334 PRE -PLAT S108923 PRE -PLAT 5128924 PRE -PLAT S89P0045 PRE -PLAT S89P0046 PRE -PLAT S89P0057 PRE -PLAT S89P0067 PRE -PLAT S89P0073 PRE -PLAT S89P0114 PRE -PLAT S89P0129 PRE -PLAT S89P0016 31105-1st Ave. S./Fred Meyer 34202-16th Ave. S./Self Storage 1105 S. 348th St./Brooklake Village 35040 Pacific Hwy S./40 Rentals Fred Meyer 31829 Palisades Plaza 35810-16th Ave. S./140 Units rnn '7 "7" � v •r -s 30823-18th Ave. S./54 Units 1001 SW Campus Dr./376 Units 33330 Hoyt Rd. SW/100 Units 953 SW Campus/260 Units Lucas/New Concept/1st Ave. S. Wagenhals/2 Lot Short Plat 2025 S. 341st Place 34815 Pacific Highway South 29849-9th Avenue SW 30808-28th Avenue South 34720 Pacific Highway South Grading Renewal Bellacarino Woods Parkwood Campus Cedar Cove Forest Ridge Campus Park Mirror Glen Division III Centennial Estates Division II-' Campus Glen Park Place Vista Campus Ridge _ V0�eS \ \ a 1 s� :Mayor . Debra G. Ertel City Manager J. Brent McFall August 13, 1990 CITY OF FEDERAL WAY Community Development 31130 28th Avenue South Federal Way. WA 98003-5006 (206) 941-1555 Jim Sanders, Development Engineer King County B.A.L.D. 3600 136th Place SE _ _ Bellevue, WA 98006-1400 RE: SUBDIVISION ACTIVITY UNDER THE INTERLOCAL AGREEMENT EXHIBIT "A" & "B" LIST ITEMS STATUS REPORT. Dear Jim: Council Members Mary E. Gates James V. Handmacher Joel R. Marks -- Robert E. Stead Lynn J. Templeton James E. Webster In response to your July 25, 1990 letter, I am writing to clarify the status of subdivision activity for subject plats. According to attachment "A" of the interlocal agreement between King County and the City of Federal Way, the following preliminary plats and short plats were identified to be transferred to the City of Federal Way for further processing: SHORT PLATS - EXHIBIT "A" ITEMS 1. Lucas New Concept Homes - KC # S89S0181 Status: SEPA determination issued August 8, 1990 by the City of Federal Way. April 24, 1990 letter to Ned Landford authorizes King County to further process the short plat (once comment and appeal periods end September 5, 1990). Now on "B" list as a result of letter. 2. Randall Short Plat - KC # S89SO408 Status: SEPA determination issued July 27, 1990 by the City of Federal Way. April 24, 1990 letter to Ned Langford authorizes King County to further process the short plat (once comment and appeal periods end, August 25, 1990). Now on "B" list as a result of letter. Jim Sanders August 13, 1990 page 2 3. Wagenhals Short Plat - KC # S89S0230 Status: Federal Way is processing this application. Remains an "A" list item. 4. Matlands Investment - KC # S89S0288 Status:'Returned to King County -for further processing per April 24, 1990 letter to Ned Langford. Now on list "B" as a result of letter. 5. 34815 Pacific Highway South - KC # S8950941 Status: This short plat has been withdrawn by applicant. 6. Henry Dunn Short Plat - KC # S89SO407 Status: Federal Way is processing this application. Remains an "A" list item. SHORT PLATS - EXHIBIT "B" ITEMS 1. Lucas New Concept Homes - KC # S8980181 Status: See item 1 above under short plats (exhibit "A" items). 2. Randall Short Plat - KC # S89S0408 Status: See item 2 above under short plats (exhibit "A" items). 3. Matlands Investment - KC # S89S0288 Status: King County is currently processing. PRELIMINARY PLATS - EXHIBIT "A" LIST ITEMS 1. Bellacarino Woods - KC # 5108923 Status: Requires pre -plat hearing by Federal Way hearing examiner. Federal Way has not begun processing.. Jim Sanders August 13, 1990 page 3 2. Parkwood Campus - KC # S128924 Status: Federal Way has begun the processing for pre -plat hearing before the Federal Way hearing examiner. 3. Cedar Cove - KC # S89P0045 Status: Requires-SEPA appeal hearing by Federal Way hearing examiner. Federal Way has not begun processing. 4. Forest Ridge - KC # S89P0046 Status: Federal Way has begun the processing for SEPA appeal hearing before the Federal Way hearing examiner. 5. Campus Park - KC # S89P0057 Status: Federal Way City Council approved preliminary plat, resolution # 90-39 on August 7, 1990. Federal Way will continue processing this application. 6. Mirror Glen Division III - KC # S89P0067 Status: Requires SEPA appeal hearing. Federal Way has not begun processing. 7. Centennial Estates Division II - KC # 89P0073 Status: Requires SEPA determination. Federal Way has not begun processing. 8. Campus Glen - KC # S89PO114 Status: Requires SEPA determination. begun processing. 9. Park Place Vista - KC # S89P0129 Status: Requires SEPA determination. begun processing. Federal Way has not Federal Way has not Jim Sanders August 13, 1990 page 4 10. Campus Ridge - KC # S89P0016 Status: Federal Way City Council approved resolution # 90-37 on June 19,'1990. Federal Way will continue processing this application. 11. Dash Pointe - KC # S068921 status: According to the interlocal agreement,. any permits or land use applications that are not listed on exhibit "B" but were filed prior to incorporation, shall be treated in the same manner as exhibit "A" items. Dash Pointe is such an item. List "A" and "B" put together at the time of incorporation, did not include the pre -plat of Dash Pointe. Therefore, Dash Pointe is considered an "A" list item. Federal Way City Council approved -preliminary plat resolution # 90-26 on May 15, 1990. Federal Way will continue processing this application. PRELIMINARY PLATS - EXHIBIT "B" LIST ITEMS 1. Soundview Manor - KC # S89P0030 Status: Federal Way City Council approved preliminary plat resolution # 90-32 on June 5, 1990. Before Soundview Manor can be returned to King County for further processing, applicants and the City must resolve one issue (access to plat) by August 15, 1990 according to condition (G) of the resolution. we will notify King County when this issue is resolved. 2. Grouse Point III - KC # 89P0062 Status: Federal Way City Council approved preliminary plat, resolution # 90-33, on June 5, 1990. Plat map and related files have been returned to Ned Langford of King County for further processing according to . the interlocal agreement (see letter dated July 10, 1990). :, Sanders rugust 13, 1990 page 3 3, HUgh Point Park III - KC # S89P0049 status: Requires SEPA appeal hearing. King County has not completed SEPA appeal staff report. June 4, 1990 letter from King County indicates that "project is on hold pending submittal of variances from KCRS." 4: Mirror Lake Terrace - KC-# S89P0053 status: Requires SEPA appeal hearing. June 4, 1990 letter from King County indicates that "the staff report has not been completed. Preliminary review has begun on the project. The staff report has been started." 5'. Dumas Bay Ridge - KC # 89P0053 Status: Requires SEPA determination. Federal Way City Attorney is currently reviewing application to determine if withdrawal of rezone by applicants renders application void. The City of Federal Way will notify King County when a decision is made. 6. Parr at English Gardens, The - KC # S89POI01 Status: Requires SEPA determination. King County has requested additional information from applicant per letter from Rich Hudson to Lisa Pringle (4-13-90). 7. Redondo Firs - KC # S90P002 Status: Requires SEPA determination: June 4, 1990 letter from King County states, "the project will -be _assigned to a planner and engineer on June 6, 1990 in order to begin review of project." S . �,,2;;-�- Campus office Park #- 5 - KC # S89P0074 Status: Federal Way does not have any file for this plat. Status unclear. I Jim Sanders August 13, 1990 page 6 According to your July 25, 1990 letter, you indicated that a number of projects were not correctly identified and that the following plats should be included on list "A": a}] Dash Pointe b) Dumas Bay Ridge c) Grouse Pointe Division 3 d) High Point Park Division 3 e) Mirror Lake Terrace f) Park at English Gardens, The g) Redondo Firs h) Soundview Manor i) West Campus Office'Park # 5 The preliminary plats listed above (excluding Dash Pointe) were on list/exhibit "B" at the time the interlocal agreement was adopted. Unless the City decides to process these plats, items (b) through (i) shall remain on the exhibit "B" list. Please continue the review of "B" list items as required under the interlocal agreement until the City notifies King County to do otherwise. All subdivision activity previously identified under exhibit "A" shall continue to be processed by the City of Federal Way. Currently, I am processing all list "A" preliminary plats (items 1-4 and 6, pages 2-4) requiring a hearing before the Federal Way Hearing Examiner in the same order as scheduled in King County. Projects requiring a SEPA determination shall be processed following pre -plat hearings. I hope this helps clarify the status and position of the City regarding subdivision activity under the interlocal agreement. If you have any questions, please call me at 941-1555. sincere' , Step n Clifto Senior Planner cc: Brent McFall - City Manager, Federal Way Ken Nyberg - Assistant City Manager/Director of Community Development, Federal Way Kathy McClung - Permit Manager, Federal Way Ned Langford - Subdivision Supervisor, King County B.A.L.D. Lisa Pringle - Supervising Planner, King County B.A.L.D. Ralph Colby - Mgr. Technical Services, King County B.A.L.D. Barbara Questad - SEPA Coordinator, King County B.A.L.D SANDERS.LTR/SCLIFTON,sc\9009/bk FEDERAL WAY MEMORANDUM DATE: DECEMBER 13, 1990 TO: KEN NYBERG FROM: GREG MOORE, LAND USE MANAGER RE: STATUS REPORT DASH POINTE - FINAL PLAT APPROVAL (King County File No. S0689-21, Federal Way File No. ILA-90-0011-SUB) Attached you will find a letter from David Morrison regarding the subject plat. Mr. Morrison is requesting that the City Council, at it's December 18, 1990 hearing, transfer Dash Pointe subdivision from the "A" list to the "B" list of the interlocal agreement (between Federal Way and King County). The reason for this is due to King County accepting the engineering plans and fees in May of 1990, even though Dash Pointe is an "A" list item. Apparently there was some confusion on the part of King County as to what list subject project was on, "A" or "B". The third paragraph of Mr. Morrison's letter states that: "Discussion at the Hearing defined the various departments of King County that would provide review and approval. Your staff recommended that in addition to the standard B.A.L.D. review, that King County Surface Water Management provide additional review and approval." Mr. Morrison also states on page 2 that "We had not been advised by either the City of Federal Way or King County of this decision..." Also attached are the minutes of the May 1, and May 15, 1990 hearings and resolution. The highlighted areas show that during the hearing Federal Way stated Dash Pointe is an "A" list item. The resolution states that the City of Federal Way now has jurisdiction and authority to pass upon approval, denial, or modification of the conditions of said preliminary plat. In addition, you will also find letters from Jim Sanders and Stephen Clifton, written as long ago as July and August respectively, regarding the status of "A" and "B" list items, including Dash Pointe. r �w Issues: 1) It was made clear in the hearing and in the resolution who has jurisdiction over the preliminary plat. 2) The August 13, 1990 letter to Jim Sanders from Stephen Clifton erased any uncertainty the County might have as to which list Dash Pointe is on. 3) Applicant now faces delays because the project has been in the County for months and should have been submitted to Federal Way. RecommendedSolution: Per discussions between Stephen Clifton and Jim Sanders at King County, I am recommending that Richard Lowe and Stephen meet with King County and their peer reviewers early next week to discuss what is left to be done in the processing of subject engineering plans. Mr. Sanders stated that if Federal Way wants King County to review the plans and follow this up with inspections, they are agreeable to this. If we wish to process the engineering plans, they will refund/or forward the money to us and we can continue the processing of the plans with follow-up inspections. If we decide to review the plans, I would recommend that this project be a high priority, due to the mix-up. It is unclear until we meet with King County what would be the most practical method to resolve this issue. Therefore, it should not go to the City Council. This is the course of action we will be taking unless you advise otherwise. c: Stephen Clifton, Senior Planner MR. DAVID W. MORRISON REAL ESTATE SERVICES 2611 EASTLAKE AVENUE E. #404 SEATTLE, WASHINGTON 98102 TEL. (206) 720-4045 LE77ER IN REFERENCE TO: FIRST CLASS MAIL INTER -OFFICE HOW TO USE THIS � FOR C/�L/.i(/y ��/ LETTER TO SAVE TIME. !.(/�/ j+��y c �� Type or write your reply in the space below. Then mail CC��II// // /— the white copy to us and keep the pink copy for your files. You'll save time and effort, and we'll have your answer much faster! Thank you. FOLD V,e- /if/t�.o, DATE: i.�IG_. II `i/ 94 FOLD BY DATE: FOLD BY DEL MORAL & ASsoCUTES CERTED Ecowcicu CaNsun-vN-Ts 2002 42\D .A%-E\2-E E.aST SEATTLE. W'A.SHNGTo\ 98112 (206)323-7106 WETLAND RESTORATION PLAN: DASH POINTE, FEDERAL WAY, WASHINGTON Prepared by: Dr. Roger del Moral, C.S.E. N, Signed: _/f ems-' � ApxJ z del Moral & Associates 2002 42nd Avenue East Seattle, Washington 98112 Phone: (206) 323-7106 FAX: (206) 328-9050 Prepared for: Mr. David W. Morrison M & T Joint Ventures 4224 Waller Road Tacoma, Washington 98443 April26, 1994 Introduction Background I performed a wetland delineation of the Dash Pointe property in late 1989 (del Moral 1989a, b). I subsequently prepared a conceptual revegetation plan for areas disturbed by a sewer line and inadvertent clearing (del Moral 1990). The purpose of the restoration plan was to en- sure protection for Joe's Creek from siltation and other effects that might occur due to clearing and construction to the west of the wetland. I also prepared a monitoring plan. The wetland has recovered substantially since 1989 by natural processes. This is because the original soil, the seed bank and underground vegetative parts of the original vegetation re- mained. As a result, red alder, willows and several other desirable wetland species have devel- oped to a much greater degree than would be expected from plantings in a created wetland after 4 years. Even in small areas where woody vegetation has not developed, vegetation cover is complete and dominated by skunk cabbage, rushes, sedges and creeping buttercup. This is similar to the vegetation that was present prior to disturbance. These gaps will be augmented with additional plantings described in this report. The sewer line also has recovered dramatically. It is dominated by red alder saplings at high density. This is substantially better recovery than was envisioned with planted alders. In addition, there is abundant horsetail and grasses, with a variety of other species such as rushes and curly dock in the wetter places. Adjacent to the ROW, and encroaching it in places, willows or salmonberries have invaded. A few places, noted below, will require enhancement to provide greater diversity and full revegetation. Proposed Plantings The initial conceptual plan consisted of these proposals: 1. Wetland Revegetation Zone --this area included the disturbed strip between the wetland and the sewer ROW. Over 1200 individuals of red alder on a 10 ft grid were to be planted. In addition, 300 willows and 150 lady fems were proposed. 2. Sewer Easement --This strip was to be hydroseeded, with 350 red alder lining the outer margins of the easement. In addition, 60 salmonberry and 60 vine maple were specified to be planted in wetter portions of the easement. 3. Buffer Zone --a small portion of the buffer close to the easement was to be planted. Above the ROW, the it was to be planted with 170 red alder and 50 vine maple. Below the ROW, where conditions are wetter, it was to be planted with 90 alder and 30 salmonberry. 4. Disturbed Hillside Wetland --The easement cuts across the toe of two hillside wetlands. An additional 35 alder and 35 salmonberry were to be planted in the small disturbed areas. 5. Biofiltration Swales--Two 200 ft. long biofiltration swales were to be hydroseeded. This report does not discuss buffer enhancement on the east side of Joe's Creek where no disturbance took place. Current Plan Here I propose a significantly reduced scale of enhancement and prepare a planting plan for each affected section. Because the areas that require further attention are small and scattered, their locations are only approximately located on Fig. 1. Each set of plantings will be located exactly in the field by the biologist. Fig. 2 contains planting plans for each section to be described and will be established in the locations shown on Fig. 1. This report consists of the following sections: goals of the project, summary of existing conditions, and mitigation plan. The plan consists of locations, densities and species to be planted, planting methods, planting schedule, maintenance plan, monitoring plan, and contin- gency plan. Detailed Assessment of Current Conditions There are a few areas that could be improved by additional plantings. Fig. 1 indicates their approximate locations. There are eight sections as follows: A. Near the north end of project, an area of 1200 s.f. below the ROW is to be planted with ten Pacific willows. This section already has some regenerating woody vegetation, but it is not as dense as in other locations. B. About 50 ft south of A, a soggy opening east of the ROW is to be planted with ten red -osier dogwoods. C. About 75 ft south of MH-1, and off the ROW, an area is to be enhanced with ten red - osier dogwoods. D. About 150 ft north of MH-2, down the slope in the wetland, an area of 600 s.f. is to be planted with nine salmonberries and nine Scouler's willows. E. Near MH-2, east of the ROW, a 600 s.f. area is to be planted with nine salmonberry and nine Scouler's willow. F. North of MH-3, a 500 s.f. area on and adjacent to the ROW is to be planted with eight dogwoods and eight Pacific willows. G. Just south of MH-3, a wetter 500 s.f. area is to be planted with 10 ten red -osier dogwoods. 2 H. 100 ft north of MH-4, an open area east of the ROW is to be planted with 12 Pacific willows and 12 salmonberries. This opening is well vegetated with herbaceous species. I. MH-4, an open area east of this point should be planted with nine Pacific willows and nine salmonberries to improve the density of woody plants. This opening is about 600 s.f. - J. The sewer stub is centered in a barren area. It should be hydroseeded with a grass mix and planted with 30 Pacific willows and 20 salmonberries. K. There is a pond that has formed naturally uphill of the sewer line near MH-6. The margins should be augmented by planting 10 Pacific willows and 10 Scouler's willows around the margins. This pond drains across the sewer line. The drain should be put in a shallow culvert to reduce erosion. Planting Plan -Details Planting Specifications The eleven sections described above will be located in the field in the approximate posi- tions shown on Fig. 1 at the time of installation. They will be planted in the arrays as shown in Fig. 2. A to K. Spacing will be modified from the exact plans to fit into the openings in the existing vegetation and to give a more natural appearance. A. Salix sitchensis (1 gal pots). Ten plants will be scattered at about 10 ft spacing. B. Cornus stolonifera (1 gal. pots). Ten plants will be planted at 5 ft spacing in a low, wet area lacking woody vegetation. C. Cornus stolonifera (1 gal. pots). Ten plants will be planted at 5 ft spacing in a low, wet area with reduced woody vegetation. D. Rubus spectabilis and Salix scoulerana (1 gal. pots). Nine plants of each species will be planted interspersed in the existing vegetation. E.. Rubus spectabilis and Salix scoulerana (1 gal. pots). Nine plants of each species will be planted interspersed in the existing vegetation. F. Cornus stolonifera and Salix sitchensis (1 gal. pots). Eight of each species will be planted here at an approximate 5 ft spacing, in groups of four plants. G. Cornus stolonifera (1 gal. pots) scattered within this small area. H. Rubus spectabilis and Salix sitchensis (1 gal. pots). This larger area will be planted with 12 plants of each species. Average spacing will be about 10. I. Rubus -spectabilis and Salix sitchensis (1 gal. pots). This area will be planted with nine plants of each species. 3 J. Rubus spectabilis and Salix lasiancira (1 gal. pots). These plants will cover an ellipti- cal area of about 1200 s.f. located off the ROW near the new sewer stub. This area is nearly bar- ren at present. Thirty willows and 21 salmonberry plants will be planted with the willows on the outer margins, the salmonberries in the slightly drier habitats. Note that this area will also be hydroseeded as follows. - Prior to planting, the entire bare stub area should be seeded with a hydroseed mix to include 30% creeping bentgrass (Agrostis alba palustris ) or red top (Agrostis alba alba); 30% creeping red fescue (Festuca rubra), 30% meadow foxtail (Alopecurus pratensis) and 10% white clover (Trifolium repens.) In addition, bare areas near the sewer stub should be hydroseeded with this or a similar mixture. Standard 10-20-20 fertilizer should be added to the mixture. K. Salix sitchensis and Salix scoulerana (1 gal. pots). Ten plants or each should be planted around the margins of this pond to enhance the habitat for wildlife. Planting Instructions Plants should be ordered with sufficient lead time to assure their availability. All plants, planting and seeding activities shall conform to normal landscape industry standards. All plant material to be used will be native to the Pacific Northwest. All nursery grown plants shall be containerized or balled and burlapped. Only sound, healthy, vigorous plants, free of defects, diseases, and infestations shall be provided. The wetland biologist shall review plant material to verify conformance to the plant schedules and to plant characteristics and reserves the right to require replacement or substitution of plants that are deemed unsuitable. Modifications (changes in species specified, increased or decreased densities) may be required at this point. Any major modifications should be made only in consultation with the responsible Federal Way official. Planting shall occur between October and March, or earlier if the site is reasonably wet. If planting occurs in late spring or summer, irrigation in the may be required. Dig, pack, transport and handle all plants with care to assure protection from injury. Store plants so as to accommodate their horticultural requirements. Do not store for over 24 hours. If necessary, heel -in plants to keep them from drying out during storage. Keep wetland plants saturated and shaded until the time of installation. Do not let them sit in the sun or dry out during planting. After planting, immediately saturate the wetland and, if necessary, irrigate the buffer to avoid drought stress. A wetland biologist shall direct the Contractor to properly locate installed plants. Excavate circular plant pits with vertical sides and install plants carefully. Woody plants shall be planted in pits 6 inches wider than the root ball or spread of roots. Holes shall be exca- vated 6 to 12 inches deeper than required for the root ball. Plants shall be placed in the center of 4 the holes, plumb and straight, such that the root collar is below the finished grade, 1 to 3 inches for shrubs. Any plants on a slope greater than 3:1 shall have a rim to help retain water. Weeds shall be cleared from near the plant at the time of planting. Do not fertilize wet- land plants unless prior written approval is obtained from Federal Way. Stake any trees taller than 4 ft in height. Remove stakes at end of monitoring period. Contractor shall warrant all plant material to remain alive and healthy for a period of one year after completion and final acceptance of planting. The Contractor shall replace all dead or unhealthy plants per plans and specifications as directed. The project should be reviewed at completion by the contractor or his manager, the biologist and the responsible official. The Contractor shall provide a mylar showing locations of installed plants within 10 days of installation, or certify that positions are as shown on site plans. Construction Schedule The following sequence is advisory. Other necessary steps may be required and should be inserted in their logical location. 1. Order plant material; check for substitutions if availability is limited. 2. Arrange for delivery and installation date. 3. Hold pre -installation meeting with contractor and client. 4. Hydroseed sewer stub area. 5. Locate position of plants in the project area. 6. Stockpile vegetation carefully to avoid stress or damage. 7. Plant all vegetation. 8. Perform initial monitoring and prepare as -built report, immediately after planting. Monitoring Plan Post -construction monitoring should occur over three years to assure that the newly planted vegetation becomes established. The purposes of monitoring reports are to assure that the program is completed satisfactorily and that problems are identified in a timely fashion. Since there are relatively few plants to be installed, each one will be flagged with a numbered tag before planting. Height and density of each plant will be directly measured. Success of the project will be judged by these standards: 5 Survival of 80% of the planted individuals after 3 years is required. Height of woody plants will increase by at least 50% after three years. Typical plants will be healthy and free from deficiency symptoms. . If, after any monitoring period, mortality exceeds the accepted standard, or if mortality is concentrated in one area, then recommendations for replacements will be made. In the hydroseeded area, ten 1 m2 quadrats will be sampled for cover by species. Cover should be at least 80% by vertical projection and no deficiency symptoms should be observed. Initial monitoring shall occur within two weeks of project completion. At that time, planting positions will be noted and any unhealthy plants will be recorded. Planting area will be photographed from a fixed point to initiate a photo record of development. Each plant will be measured for height and vigor. Six months after planting, plants will be remeasured. Any that achieve the height stan- dards will no longer be measured, but they will be checked for survival. Recommendations for replacement and for any aftercare (fertilizer, herbicides, cultiva- tion) will be made at that time and at any subsequent monitoring period. Subsequent monitoring shall occur at the end of one, two years and three full years. Therefore, there will be five moni- toring events (as -built, 6 months, and 1, 2 and 3 year's time). The exact month of monitoring will be determined once the project is approved and scheduled. The monitoring reports should be filed with the Client, whose responsibility it is to communicate it to the City. Each report summarizes the status of the project and will call for any specific remedial actions. Such actions include, but may not be limited to: fertilizing spe- cific species; reducing the competition from herbaceous species, replacing dead or senescent individuals; and specification of different species for replacement. If, during the course of moni- toring, major problems are revealed, then remedial actions will be recommended. Contingency Plan The principal instrument to trigger the implementation of a contingency plan is the moni- toring report. If, after any field monitoring, it is apparent that significant problems are develop- ing, the Consultant shall immediately contact the Client and the City to hold a meeting to determine the course of action. In addition, such a meeting may be called if City inspections or local citizens alert the Client to problems developing between monitoring episodes. At the meeting, the Consultant shall describe the problem and recommend remedial actions. Parties to the meeting shall discuss and amend these recommendations. Once a consen- sus has developed, a final remedial plan shall be approved (at this meeting). Bond funds suffi- cient to conduct the remedial actions shall be released to the Owner by the City. 6 Wetland enhancement, even when hydrology is well assured, is problematic. In order to enhance the probability of success, it is imperative that a contingency process be in place to deal quickly with incipient failures while remedial actions can still be undertaken economically. It is possible that specified plant materials will not be available in sufficient numbers at the time required. Suitable substitutions selected from native woody species then must be made by a wetland biologist and approved by the responsible City official. Replacement species must have similar moisture requirements and fulfill the same general functional and structural role. The landscape contractor must conduct quarterly monitoring of all newly introduced plant material for one year after the date of planting. Dead plants should be replaced as necessary during the appropriate season. Prior to acceptance of the material, it should be inspected for health by the ecologist. This procedure will guard against the contingency of poor material. If plants are growing poorly, or show deficiency symptoms during monitoring, additional slow -release fertilizer should be added as needed. If weeds become too dense, they should be controlled manually and described under maintenance. Unchecked, weeds will reduce survival and growth rates of young plants. If plants die between monitoring periods due to damage or any specific cause, they will be replaced. If mortality is general, then different species will be required. If damage occurs due to erosion, settling or other physical factors, this damage shall be repaired and the cause rectified. If the project requires significant plant replacement, or if it fails to meet the performance criteria, then additional monitoring may be required by the City. If the project fails to meet these goals, a complete re -design may be required. Maintenance Plan Routine maintenance during the first year should include manual removal of undesirable plant species and clearing around the plantings to reduce competition. Maintenance shall be conducted during quarterly visits. Typical wetland weeds such as Watson's willow herb, creeping buttercup and common horsetail should be left alone unless they are directly interfering with the plantings. Weeding is to be performed around each woody plant within an 18 in. radius or the dripline, whichever is greater. The plan calls for using slow -release fertilizer in the planting hole. If shrubs show signs of nutrient deficiency, then slow -release fertilizers, as spikes, will be required. No spraying of herbicides or application of fertilizers other than granular, slow -release forms is to occur within the enhancement area. The maintenance period shall be for a period of three years from the date of completion of planting. This shall include removing any trash from the buffer and wetland. The planting specifications will call for the contractor to warrant plants for one year and to replace mortality during this time. Bonding Requirements Supervision for planting locations is required. Supervision cost is estimated at $400. This includes marking plant locations and labeling plants. The as -built monitoring is estimated at $500. Three subsequent monitoring events as described above, will cost $500 each, for a total of $1500. Total supervision and monitoring cost, $ 2300. T Willows (107 @ $3 per plant), $321; red -osier dogwood (38 @ $3 per plant), $114; and Salmonberry (57 @ $3.00), $171), for a total of $606, rounded to $600. Labor for installation estimated at 2 person -days @ $240 per day, $480. Costs of addi- tional materials estimated at $.50 per plant or $100. Contingency costs $200. Total installation cost exclusive of plant materials is $780. Maintenance costs are estimated as follows: 3 person -days per year @ $120 per day, $360 per year, for three years, or a total of $1080. Total estimate for installation, maintenance, monitoring and supervision is $4760. The remedial actions shall be supervised by a wetland biologist and be subject to the same monitoring provisions as the original plan. The City shall determine whether the monitor- ing period shall be extended beyond its original time. Summary & Conclusions The disturbances caused by clearing and sewer installation near Joe's Creek has, for the most part, been repaired by natural processes. To complete the plan envisioned in 1989 would serve no purpose. Eleven small areas were noted that should be enhanced at this time. This will require planting 205 shrubs in the approximate locations shown on the accompanying figure. A planting plan is shown for each area. One area was recently disturbed to install a sewer stub. This site should be hydroseeded, with shrubs planted in the wetland portion of the disturbance not on the sewer right-of-way. This report outlines planting procedures, monitoring, contingencies, and maintenance. It is estimated that the cost of supervision, monitoring, installation and maintenance over three years is $4785. 8 Literature Cited del Moral, R. 1989a. Wetland delineation and mitigation plan: Dash Pointe, Federal Way, Washington. Report to M & T Joint Ventures, October 9, 13 pages. del Moral, R. 1989b. Wetland delineation addendum: Dash Pointe, Federal Way, Washington. Report to M & T Joint Ventures, December 5, 4 pages. del Moral, R. 1990. Wetland mitigation and enhancement plan: Dash Pointe, Federal Way, Washington. Report to M & T Joint Ventures, February 26, 11 pages. Franklin, J. F., & C. T. Dymess. 1973. Natural Vegetation of Oregon and Washington. University of Oregon Press, Corvallis. Klinka, K., V. J. Krajina, A. Ceska, & A. M. Scagel. 1989. Indicator Plants of Coastal British Columbia. University of Vancouver Press, Vancouver. Krackeberg, A. R. 1982. Gardening with Native Plants of the Pacific Northwest. University of Washington Press, Seattle. U.S. Soil Conservation Service. 1979. Soil Survey of Pierce County. U.S. Govt. Printing Office, Washington, D.C. Vitt, D. H., J. E. Marsh, & Robin B. Bovey. 1988. Mosses, Lichens and Ferns of Northwest North America. Lone Pine Publishing, Edmonton, Alberta. Disclaimer The recommendations of this report are based on the best available information about conditions existing and likely to exist on the subject property and about the ecological requirements of the specified species. Many aspects of such project are beyond the control of any biologist. These include the quality of the plant material used, the methods used to install the plant material, the actual hydrological conditions that develop as a conse- quence of filling, grading and excavating, unknown soil conditions and unusual climatic events. The designs and recommendations in this report are provided in good faith. Del Aforal & Associates assumes no responsibility or liability for any failures of any plantings in this project. 9 Table 1. Number of plants required in each section. Species Name Section: Scientific A B C D E F G H I J K Total Pacific Willow 10 8 12 9 30 10 79 Salix lasiandra Scouler's Willow 9 9 10 28 Salix scoulerana Red -osier Dogwood 10 10 8 10 38 Cornus stolonifera Salmonberry 9 9 12 9 21 60 Rubus spectabilis Total Number of Plants 205 10 Appendix I. Summary of Ecological Characteristics of Species Proposed for Wetland Creation and Buffer Enhancements Red -osier dogwood (Corpus stolonifera). Common in open lake and swamp margins, growing in organic soils with high nitrogen. Species tolerates shade and fluctuating water table, capable of rapid growth and spread. Can grow to 8 ft, but usually smaller. Scouler's willow (Salix scoulerana). This willow grows well under a variety of conditions, including in drier sites. Pacific willow (Salix lasiandra) grows in wetland margins and can become a small tree. Note: Sitka willow (S. sitchensis) may be substituted for this willow. Salmonberry (Rubus spectabilis). Small to moderate shrub tolerant of fluctuating water tables and some shade. Grows well in soils that dry out periodically, but thrives in wetland margins. May be planted from bare -root material. A i .ti P TARP i.. _-A incepted. All V of 95 MH 22' L T. � V zy5 �EX. r�1H# M!1.r,,Nv,1SHEo GRADE= 264.5 5 r` *94 �p,�' INC, !a•M XIS�f:a F 25° 255 245 240 2• F del Moral & Associates -�p cific willow Fig. 2A. Enhancement Area A. Pacific willow Scouler'willow Red -osier dogwood Salmonberry Fig. 2. Planting plans for the enhancement plots. Scale— 1" = 10 ft. -!N Red -osier dogwood Fig. 2B. Enhancement Area B. Scouler's willow Salmonberry Fig. 2D. Enhancement Area D. Red -osier dogwood Fig. 2C. Enhancement Area C. Salmonberry Scouler's willow Fig. 2E. Enhancement Area E. jo - jq2q . I I Si.iaqu -f Tagav Juatugauumug fz -.21d MOII!At 31j!-3t'j WARK �- 40) MOII!tA aupt'd SiaaquouquS -1) ea -IV Iu;awO:)Uuqua '9Z '213 poomZop.ralso-pa-d *p;anuquoD -Z -211 -H UaJV Iu;DIua3ut'qu9 -HZ -.213 Juatuamuqua POOM20(l i7r� n r i MOIP.At JUPvd SaIDPOSSY 7 Iviom lop del Moral & Associates Right - of - Way .. Fig. 2K. Enhancement Area K. Fig.2. Continued.