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13-10441941k CITY OF Federal Way NOTICE OF ENVIRONMENTAL DETERMINATION OF NONSIGNIFICANCE (DNS) Kitts Corner Multi -family Project File No: 13-104419-00-SE The City of Federal Way has determined that the following project does not have a probable significant adverse impact on the environment, and an Environmental Impact Statement (EIS) is not required under RCW 43.2IC.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the city. Proposed Action: Proposed action is to develop 16 buildings with 216 multi -family housing units and 365 parking stalls. The project includes a proposed leasing/rental office, recreation center, recreational open space, landscaping, parking lots, storm drainage facilities, and utility improvements. The site contains two existing wetlands and their associated buffer areas. Some minor temporary intrusion into the wetland buffer areas is proposed. Proponent: CPH Consultants, Matthew Hough Location: Along the south side of South 336t' Street at approximately the 1100 block of South 336t' Street, Federal Way, WA SEPA Condition: Goals and policies adopted within the Federal Way Comprehensive Plan serve as the basis for the city to exercise SEPA substantive authority set forth in FWRC 14.25.060 and to condition the proposed action as it relates to potential adverse impacts that would result from this project. The following goals and policies support the condition for the development. TP11 Coordinate street and roadway improvement programs with appropriate state, regional, and local agencies. SEPA Condition: Based on the above policy, the following condition is required to minimize identified potential significant adverse impacts. The applicant shall make school access improvements that provide for safe walking routes and access to bus stops for school age children as required by the Federal Way School District and the City of Federal Way. Further information regarding this action is available to the public upon request at the Federal Way Department of Community and Economic Development (Federal Way City Hall, 33325 8`h Avenue South, Federal Way, WA 98003). Contact Jim Harris, Contract Planner, at 253-835-2652 or iim.harris@qijyoffederalWAy.com. This DNS is issued under WAC 197-11-340(2). Comments must be submitted by 5:00 p.m. on March 21, 2014. Unless modified by the city, this determination will become final following the comment deadline. Any person aggrieved by the city's determination may file an appeal with the city within 21 days (April 11, 2014) of the above comment deadline. Published in the Federal Way Mirror on March 7, 2014. CITY OF ' Federal Way DETERMINATION OF NONSIGNIFICANCE (DNS) Kitts Corner Multi -Family Project File No: 13-104419-00-SE Description of Proposal: Proposed action is to develop an approximately 22.7-acre undeveloped site, with 16 individual buildings with 216 multi -family housing units and 365 parking stalls. The project includes a proposed leasing/rental office, recreation center, recreational open space, landscaping, parking lots, storm drainage facilities, and utility improvements. The site contains two existing wetlands and their associated buffer areas. Some minor intrusion into the wetland buffer areas is proposed. Proponent: CPH Consultants, Matthew Hough Location: Along the south side of South 336 h Street at approximately the 1100 block of South 336th Street, Federal Way, WA Lead Agency: City of Federal Way Community and Economic Development Department City Staff Contact: Contract Planner Jim Harris, 'im.harris ci offederalwa .cam or 253-835-2652 The Responsible Official of the City of Federal Way hereby makes the following decision based upon impacts identified in the environmental checklist, Federal Way Comprehensive Plan, Staff Evaluation for Environmental Checklist, and other municipal policies, plans, rules, and regulations designated as a basis for exercise of substantive authority under the Washington State Environmental Policy Act Rules pursuant to RCW 43.31C.060. The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment, and an Environmental Impact Statement (EIS) is not required under RCW 43.2 1 C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. SEPA Condition: Goals and policies adopted within the Federal Way Comprehensive Plan serve as the basis for the city to exercise SEPA substantive authority set forth in FWRC 14.25.060 and to condition the proposed action as it relates to potential adverse impacts that would result from this project. The following goals and policies support the condition for the development. TP11 Coordinate street and roadway improvement programs with appropriate state, regional, and local agencies. SEPA Condition: Based on the above policy, the following condition is required to minimize identified potential significant adverse impacts. • The applicant shall make school access improvements that provide for safe walking routes and access to bus stops for school age children as required by the Federal Way School District and the City of Federal Way. This DNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date of issuance. Comments must be submitted by 5:00 p.m. on Friday, March 21, 2014. Unless modified by the city, this determination will become final following the above comment deadline. Any person aggrieved of the city's final determination may file an appeal with the city within 21 days of the above comment deadline. An appeal must be filed with the Federal Way City Clerk (address below), no later than 5:00 P.M. on April 11, 2014, stating the reasons for the appeal of the determination. You should be prepared to make factual objections. Responsible Official: Planning Manager Isaac Conlen for Patrick Doherty, Director of Community and Economic Development Address: 33325 8`h Avenue South, Federal Way, WA 98003 Date Issued: March 7, 2014 Signature: 13-104419 Doc. I.D. 64945 CITY OF FILE Federal Way Department of Community and Economic Development STAFF EVALUATION FOR ENVIRONMENTAL CHECKLIST Kitts Corner Multi -Family Project Federal Way File: 13-104419-00-SE Related Files: 13-104418-00-UP and 13-104420-00-CN NOTE: Technical reports and attachments referenced below may not be attached to all copies of this evaluation. Copies of exhibits, reports, attachments, or other documents may be reviewed, and/or obtained by contacting Contract Planner Jim Harris, Community and Economic Development Services, 33325 - 8 h Avenue South, Federal Way, WA 98003, 253 835-2652, or jim.harris ci offederalwa .com. I. SUMMARY OF PROPOSED ACTION Proposed action is to develop an approximately 22.7-acre undeveloped site, with 16 individual buildings, with 216 multi -family housing units and 365 parking stalls. The project includes a proposed leasing/rental office, recreation center, recreational open space, landscaping, parking lots, storm drainage facilities, and utility improvements. The site contains two existing wetlands and their associated buffer areas. Some minor intrusion into the wetland buffer areas is proposed. (Exhibit A.) H. GENERAL INFORMATION Project Name: Kitts Corner Multi -family (Exhibit A) Applicant: DevCo, Inc. Mr. Tom Neubauer 11100 Main Street, Suite 301 Bellevue, WA 98004 Phone: (425) 453-9551 Applicant's Agent: CPH Consultants Mr. Matt Hough 733 7t' Avenue, #100 Kirkland, WA 98033 Phone: (425) 285-2390 Location: Along the south side of South 336ffi Street at approximately the 1100 block of South 336'h Street, Federal Way, WA (Exhibit B — Vicinity Map) Parcel No's.: Portions of King Co. Tax Parcels 202104-9070, 202104-9001, 202104-9072, 202104- 9004 Zoning: Multi -family Residential (RM 2400 with Development Agreement) Comp Plan Designation: Multi -family The following information was submitted as part of the application for the development. 1. Master Land Use Application received October 4, 2013 2. Site Plan prepared by RDA, received October 4, 2013, resubmitted revised February 7, 2014 3. Building Plan and Elevation Drawings received October 4, 2013, resubmitted February 7, 2014 4. Environmental Checklist prepared by DevCo, received October 4, 2013, resubmitted February 7, 2014 5. Preliminary Clearing and TESC, Preliminary Grading, Preliminary Storm Drainage Plans, Preliminary Utility Plan, 336th Street Frontage Improvement Plans, Preliminary Lighting Plan, Interim Road Plans, Civil Site Plan, prepared by CPH Consultants, received October 4, 2013, resubmitted February 7, 2014 6. Preliminary Earthwork Plan by CPH Consultants, received February 7, 2014 7. Preliminary Technical Information Report (Stormwater Drainage), prepared by CPH Consultants, received October 4, 2013, resubmitted February 7, 2014 8. Preliminary Landscape Plans prepared by Talasaea Consultants Inc., received October 4, 2013, resubmitted February 7, 2014 9. Preliminary Impacts and Mitigation Assessment for proposed Wetland Buffer Intrusions and Temporary Wetland Impacts, prepared by Talasea Consultants Inc., dated October 3, 2013, received October 4, 2013, resubmitted February 7, 2014 10. Limited Scope Traffic Impact Analysis, prepared by Transportation Engineering NorthWest, LLC, dated August 1, 2013, received October 4, 2013 11. Parking Analysis, prepared by Transportation Engineering NorthWest, dated August 1, 2013, received October 4, 2013, resubmitted February 7, 2014 12. Hazardous Materials Checklist, received October 4, 2013 13. CPTED Analysis, received February 7, 2014 14. Limited Scope Traffic Impact Analysis, prepared by Transportation Engineering NorthWest, LLC, dated August 1, 2013, received October 4, 2013 15. Public School Access Analysis, prepared by Transportation Engineering NorthWest, LLC, dated February 7, 2014, received February 7, 2014 16. Kitts Corner Multi -family Transportation Demand Management Plan (TDM), received February 7, 2014 17. Play Area Supplemental Design Information, prepared by Talasea Consultants Inc., received October 4, 2013, resubmitted February 7, 2014 18. Kitts Corner Attachment X Apartment Site Parking Surveys, received February 7, 2014 M. ENVIRONMENTAL CHECKLIST The following lists the elements of the environmental checklist (Exhibit C) and a response to each, with: 1. Whether city staff concurs or does not concur with the applicant's response to the checklist item, or 2. City staff s additional comments or clarification to each checklist item. Staff Evaluation for Environmental Checklist Page 2 Kitts Corner Multi -Family Project Federal Way File: 13-104419-00-SE/Doc. I.D. 64948 A. BACKGROUND The project development application was submitted on October 4, 2013, and was determined to be a complete application on October 31, 2013. 1.-5. Concur with the checklist. 6. The timing of the project and the schedule is subject to many factors. The timeframes identified in the SEPA checklist are proposed by the applicant and may or may not occur depending upon a number of factors including but not limited to: permit application and permit application review timelines, etc. 7. Concur with the checklist. 8. Concur with the checklist. 9. The applicant has submitted a boundary line adjustment to the City for review. The boundary line adjustment proposes to modify the locations of several of the property lines, but not create any new parcels. 10. See 9 above. 11. Concur with the checklist. 12. Concur with the checklist. B. ENVIRONMENTAL ELEMENTS Earth — a.-h. Concur with the checklist. In addition, the areas identified by the applicant in the SEPA checklist as "steep" slopes, are not regulated as steep slope hazard areas under the FWRC. These slopes at the north and south end of the property are both cut/fill slopes that are currently existing and both were likely created in conjunction with construction of South 336t' Street to the north, and the Kitts Corner Regional Stormwater Detention facility to the south. 2. Air — a.-c. Concur with the checklist. Compliance with state and federal air quality standards will provide sufficient mitigation of potential on -site construction activities and long-term site usage. The implementation of an approved Temporary Erosion and Sedimentation Control (TESC) plan that incorporates watering of the site, wheel washing, and approved construction entrances, should adequately mitigate potential adverse construction impacts. 3. Water — a. Surface 1. Concur with the checklist. 2. In addition to the proposed soft surface trail construction within the wetland buffer area, the applicant is proposing temporary buffer intrusions associated with construction of retaining walls and dispersion trenches within the outer limits of the wetland buffer area. 3. Concur with the checklist. 4. Concur with the checklist. 5. FEMA FIRM panel 1250 shows the site is not in a floodplain. Staff Evaluation for Environmental Checklist Page 3 Kitts Corner Multi -Family Project Federal Way File: 13-104419-00-SE/Doc. I.D. 64948 b. Ground. 1-2. Concur with the checklist. C. Water Runoff. 1-2. Concur with the checklist. Final review of the stormwater quality and detention will occur in conjunction with the final engineering plan review. Compliance with local, state, and federal standards will sufficiently mitigate stormwater impacts from the project. d. Concur with the checklist. The project must comply with FWRC 19.175.040 regarding the proposed intrusions within the buffer areas associated with Wetlands 1 and 2. The project must also comply with all local, state, and federal regulations regarding surface water impacts that are in place at the time of development. 4. Plants a-c. Concur with the checklist. d. Concur with the checklist. An approved landscape plan in accordance with Federal Way Revised Code (FWRC) Chapter 19.125 is required for this project. In addition, compliance with the tree retention standards of FWRC 19.120, Article III "Tree and Vegetation Retention Standards" is required. A preliminary landscape and tree and vegetation retention plan has been submitted in conjunction with the application. Areas that must be landscaped include street trees along public roads, perimeter landscaping, and interior parking lot landscaping. Final review and approval of the required landscaping will occur as part of the Process III land use and subsequent building permit approval. 5. Animals a-d. Concur with the checklist. 6. Energy and Natural Resources a-c. Concur with the checklist. 7. Environmental Health a.1-2. Concur with the checklist. Compliance with applicable local, state, and federal regulations will sufficiently mitigate the potential for significant adverse environmental impacts. b.1-3. Concur with the checklist. Compliance with state and federal air quality standards will provide sufficient mitigation of potential noise impacts of on -site construction activities and long-term site usage. A Noise Evaluation for Federal Way Village by Optimum Environment dated October 16, 2006, was prepared for the site in conjunction with a previous proposal to rezone the subject property to allow multi -family housing. The Conclusion of the Noise Analysis is as follows: The site is located in a generally noisy environment created primarily by local traffic and jet flyovers from Sea-Tac airport. Noise from adjacent business sources makes a negligible contribution to measured levels on the site. Construction of the proposed buildings to the Washington State Energy Code regulations is expected to achieve interior noise levels below 40dBa in sleeping areas of the proposed residences, and achieve compliance with the Federal Way Zoning Code for noise generated by proposed businesses. Staff Evaluation for Environmental Checklist Page 4 Kitts Corner Multi -Family Project Federal Way File: 13-104419-00-SE/Doc. I.D. 64948 8. Land and Shoreline Use a-d. Concur with the checklist. e. The site is zoned RM 2400 with a City Council Development Agreement. f. Concur with the checklist. g. Inapplicable; the site is not under the jurisdiction of the Shoreline Management Act. h-i. Concur with the checklist. j. There is a small homeless camp on the subject property where a few homeless people may be living in tents. k. As a result of the review process, which includes SEPA review, Process III land use review, engineering review, and building permit review, all land use impacts will be addressed. Compliance with local, state, and federal standards will sufficiently mitigate potential land use impacts from the project. Compliance with all code requirements is required and all potentially adverse environmental land use impacts will be addressed. No further mitigation is necessary. 9. Housing a. In this section, the applicant states that the project will have at least 218 housing units, which is slightly different from the project description in section A —11. The proposed action on the project description section A —11 of the Environmental Checklist received February 7, 2014, identifies construction of 216 housing units. Any changes to the number of housing units in future resubmittals will be reviewed for compliance with associated development standards, such as parking, open space requirements, etc. b-c. Concur with the checklist. Homeless camps on the subject property may be displaced. Compliance with local, state, and federal standards will sufficiently mitigate potential housing impacts from the project. Compliance with all code requirements is required and all potentially adverse environmental housing impacts will be addressed. No further mitigation is necessary. 10. Aesthetics a-c. Concur with the checklist. Compliance with local, state, and federal standards will sufficiently mitigate potential aesthetic impacts from the project. Compliance with all code requirements is required and all potentially adverse environmental aesthetic impacts will be addressed. No further mitigation is necessary. 11. Light and Glare a-d. Concur with the checklist. Compliance with local, state, and federal standards will sufficiently mitigate potential lighting impacts from the project. Compliance with all code requirements is required and all potentially adverse environmental lighting impacts will be addressed. No further mitigation is necessary. 12. Recreation a-c. Concur with the checklist. Compliance with local, state, and federal standards will sufficiently mitigate potential recreation impacts from the project. Compliance with all code requirements is required and all potentially adverse recreation impacts will be addressed. No further mitigation is necessary. Staff Evaluation for Environmental Checklist Page 5 Kitts Corner Multi -Family Project Federal Way File: 13-104419-00-SE/Doc. I.D. 64948 13. Historic and Cultural Preservation a-c. Concur with the checklist. Compliance with local, state, and federal standards will sufficiently mitigate historic and cultural impacts from the project. Compliance with all code requirements is required and all potentially adverse environmental historic and cultural preservation impacts will be addressed. No further mitigation is necessary. 14. Transportation a-g. Concur with the checklist. The project is being reviewed by the City Public Works Department for Transportation Concurrency, under an associated application with the City. In addition, the Federal Way Public School District is reviewing a School Access Analysis prepared for the proposal by TENW. The school access analysis has not been approved by the School District as related to safe walking routes to schools and/or bus stop pickup locations. At this time, the School District has noted concerns with safe walking routes and access to bus stops for school age children who will reside in the Kitts Corner Apartments residential units. Improvements for safe walking routes for school age children is required to be implemented by the applicant. Compliance with local, state, and federal standards will sufficiently mitigate potential transportation impacts from the project. Compliance with all code requirements is required and all potentially adverse environmental transportation impacts will be addressed. No further mitigation is necessary. SEPA Condition: Goals and policies adopted within the Federal Way Comprehensive Plan serve as the basis for the city to exercise SEPA substantive authority set forth in FWRC 14.25.060 and to condition the proposed action as it relates to potential adverse impacts that would result from this project. The following goals and policies support the condition for the development. TPII Coordinate street and roadway improvement programs with appropriate state, regional, and local agencies. SEPA Condition: Based on the above policy, the following condition is required to minimize identified potential significant adverse impacts. o The applicant shall make school access improvements that provide for safe walking routes and access to bus stops for school age children as required by the Federal Way School District and the City of Federal Way. 15. Public Services a-b. Concur with the checklist. The Federal Way School District is reviewing the submitted site plans and environmental checklist. The site is located in the service areas for Panther Lake Elementary, Illahee Middle School, and Todd Beamer High School. The FWRC requires collection of school impact fees, which will mitigate impacts to school service delivery. The Federal Way City Council adjusts the impact fee annually, and the applicable fee will be assessed and collected when the building permit is issued Staff Evaluation for Environmental Checklist Page 6 Kitts Corner Multi -Family Project Federal Way File: 13-104419-00-SE/Doc. I.D. 64948 by the city. In addition, property taxes will be collected and additional property taxes will result from the construction A portion of these additional property taxes are collected by the School District and will be used to mitigate school impacts. Compliance with local, state, and federal standards will sufficiently mitigate public service impacts from the project. Compliance with all code requirements is required and all potentially adverse public service impacts will be addressed. No further mitigation is necessary. 16. Utilities a-b. Concur with the checklist. The potential for a new water line or sewer line greater than 8" diameter exists, but according to Lakehaven Utility District is very unlikely. IV. CONCLUSION The proposal can be found to not have a probable significant adverse impact on the environment. The city reserves the right to review any future revisions or alterations to the site, or to the proposal, to determine the environmental significance or nonsignificance of the project. Exhibit A — Reduced Scale Site Plan Exhibit B — Vicinity Map Exhibit C — February 7, 2014, Environmental Checklist Prepared by: Contract Planner Jim Harris (253-835-2652 or jim.harris@cityoffederalway.com) Date: March 7, 2014 Staff Evaluation for Environmental Checklist Page 7 Kitts Corner Multi -Family Project Federal Way File: 13-104419-00-SE/Doc. I.D. 64948 CITY OF � Federal March 7, 2014 Mr. Matthew Hough, PE CPH Consultants 733 7th Avenue, Suite 100 Kirkland, WA 98033 CITY HALL 33325 l W Avenue South FederaWay l Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com Re: File No: 13-104419-00-SE; ENVIRONMENTAL THRESHOLD DETERMINATION Kitts Corner Multifamily Project, Federal Way Dear Mr. Hough: This office and other city staff have reviewed the environmental checklist you submitted. We have determined that the proposal will not have a probable significant adverse impact on the environment, as identified in the enclosed Determination of Nonsignificance (DNS). As a result, an Environmental Impact Statement (EIS) is not required to comply with the State Environmental Policy Act (SEPA). A 14-day comment period is required by the SEPA rules (WAC 197-11-340). A notice inviting comments will be published in the Federal Way Mirror on March 7, 2014. At the end of the comment period, the department will determine if the DNS should be withdrawn, modified, or issued as proposed. All final determinations may be appealed within 21 days (April 11, 2014) following the comment deadline. No licenses, permits, or approvals will be issued until completion of the appeal period. Our decision not to require an EIS does not mean that the license, permit, or approval you are seeking from the city has been granted. Approval or denial of the proposal will be made by the appropriate administrative or legislative body vested with that authority. After a final decision has been made on your proposal (i.e., after a permit has been issued or City Council action taken, as applicable), you may, but are not required to, publish a Notice of Action as set forth in RCW 43.21 C.075. The Notice of Action sets forth a time period after which no legal challenges regarding the proposal's compliance with SEPA can be made. A copy of the Notice of Action form and copies of RCW 43.21 C.080 and WAC 197-11-680 providing instructions for giving this notice are available from the Department of Community and Economic Development. The city is not responsible for publishing the Notice of Action. However, the city is responsible for giving a notice (to parties of record) stating the date for commencing a judicial appeal (including Mr. Matthew Hough, PE Page 2 of 2 March 7, 2014 the SEPA portion of that appeal) if your proposal is one for which the city's action on it has a specified time period within which any court appeals must be made. If you need further assistance, feel free to contact Contract Planner Jim Harris at 253-835-2652 or jim.harris@cityoffederalway.com. Sincerely, Isaac Conlen Planning Division Manager for Patrick Doherty, Director enc: DNS Staff Evaluation of SEPA Checklist c: Jack Hunden; Devco File #13-104419-SE Doc I D 64947 CITY OF Federal Way March 28, 2014 Mr. Matt Hough CPH Consultants 733 7"' Avenue, Suite 100 Kirkland, WA 98033 Via email: matt@cphconsultants.com ti CITY HALL FILE 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com Re: File No.13-104418-00-UP; PLANNING DIVISION SECOND TECHNICAL REVIEW COMMENTS Kitts Corner Multi -Family Project,11XX South 336`h Street, Federal Way Dear Mr. Hough: Planning Division staff has completed our second round of technical review of your Process III Master Land Use (MLU) application submittal package for the Kitts Corner Multi -Family proposal. The proposal is for construction of a 216-unit multi -family residential development with associated improvements including parking, recreation and office building, open space, utilities, and wetland and wetland buffer intrusions. TECHNICAL COMMENTS Unless otherwise noted, the following comments provided by staff reviewing your project must be addressed prior to issuing the administrative site plan decision. Please direct questions regarding any of the technical comments to the appropriate staff representative. Each of my comments below must be addressed before the issuance of the Process III decision. In addition, I anticipate receiving technical review comments from Public Works Development Services and Public Works Traffic, which both could potentially have impacts to the proposed site plan. I will forward Public Works technical comments upon receipt. I would suggest that you provide one comprehensive response addressing all City comments in one submittal. Access Connection at NW Corner — Please provide a draft agreement/easement for the proposed emergency vehicular access connection at the NW corner of the site, which is necessary to meet the fire department access standards discussed in the first review. We have not received any documentation that the adjacent property owner has been contacted and is willing to provide this access over their property. We need at a minimum a written acknowledgement from the adjacent property owner that they are willing to allow this emergency access. Community Design Guidelines — Please clarify the use and access to the rear of Building F. A pedestrian area'at the rear of the building and rear door is proposed on Building F. However, no pedestrian access is proposed around the building ends, and would not be approved around either building end due to conflicts with perimeter landscape buffer requirements, and wetland buffers. How do you access the rear of Building F? What does the rear door provide access to? Mr. Hough March 28, 2014 Page 2 3. Site Data/Statistics — For land use reporting requirements the City is required to fulfill, please add/update the following information on the RDA site plan project statistics. • Correct the project site size, not 38 acres. • Identify size (acreage) of critical areas and buffers. • Identify size (acreage) of open space. • Identify any area of public right-of-way dedication. • Identify lot coverage percentage; break out roof buildings and other impervious areas. • Identify size of any utility/storm drainage areas. Also label/identify South 336`h Street, and add a label to the effect, to Pacific Highway South, near the berm. 4. Development Plan for Village at Federal Way — The proposal is subject to the standards in the Development Plan for Village at Federal Way as adopted in the January 25, 2008, Revised Process III approval for the Federal Way Village Master Plan. This Development Plan will need to be revised in conjunction with the Process III decision. As previously requested, please provide a written narrative in response to how the proposal complies with each of the standards in the following sections (pages) of the Development Plan for the Village at Federal Way. + Page 1, Introduction Page 10, Site Planning + Pages 30 — 37 Since the current Kitts Corner Apartment proposal does not incorporate or implement many of the design elements/concepts in each section identified above (as the type of housing has been changed), please provide a response on how the proposed Kitts Corner Stacked Dwelling Unit proposal achieves and incorporates a high quality design that implements comparable or superior design concepts from the Village Development Plan. We need your written request and justification in order to amend the Development Plan for Village at Federal Way. I anticipate this written request and justification to be an exhibit of the Process III decision. 5. Pedestrian Connections —The following locations on the site plan need to be modified to provide adequate and logical pedestrian access per FWRC 19.115.070(d) and 19.115.090(i). + At the NW corner of Building H, there is no sidewalk for a stretch of approximately 60 linear feet. In this location near the middle of the site, and on the inside of a curve in the main drive aisle, it is not an acceptable location to expect pedestrians to cross the main drive aisle two times to follow a pedestrian walkway. Revise the plans to provide a continuous sidewalk and pedestrian route of travel. • Pedestrian facilities appear to terminate and not connect at the SW corner of the site near buildings M and L. The pedestrian walkways in this area need to connect and provide a loop through the site. 13-104418 Doc. LD. 65205 Mr. Hough March 28, 2014 Page 3 • Sidewalks need to connect to South 336`" Street. No connection is proposed between the site and the public sidewalk on South 336" Street. • There needs to be a crosswalk/pedestrian crossing across the main drive aisle adjacent to the trash/recycling area. There is no logical pedestrian path to the recycling area from Buildings L, M, N, and O. 6. Preliminary Landscaping Plan Review — The landscape plans by Talasea do not identify any concepts of what type and extent of landscaping is proposed in locations that are not parking, buildings, driveways, and critical areas. These remaining areas between buildings; between parking areas and buildings; at the base of buildings; etc.; are required to be landscaped and are a component of the Design Guideline Review concurrent with the Process III review and decision. Foundation landscaping with trees, shrubs and groundcovers along the base of buildings is encouraged by the Design Guidelines. Please provide a plan sheet or amend one of the plan sheets to identify landscape types in these areas. 7. Parking Stall Count — The City does not currently support a reduction in the minimum amount of parking stalls as required in FWRC 19.130.020 and 19.130.080(2), without at a minimum, implementation of covered bicycle parking as previously identified. The proposed 216 units requires 368 parking stalls and the site plan and application materials propose 365 parking stalls. Therefore, the proposal results in a requested reduction of three parking stalls as currently proposed. Forthcoming comments from other departments may also result in site design comments that could further impact the quantity of proposed parking stalls on the site plan. The attachment X Apartment Site Parking Surveys submitted on February 7, 2014, does not provide data with actual comparable facilities with 33 percent of the units being 4 and 5 bedroom units. The main factors which support requiring compliance with the FWRC parking count standards is: the high percentage of four and five bedroom units (33 percent of total units) proposed at Kitts Corner Apartments; the lack of bicycle facilities on the site plan; absence of guest parking; absence of on - street parking. 8. School Access Analysis — The Federal Way Public School District and the City staff need to approve a school access plan. The plan submitted on February 7, 2014, was not approved by the School District. I forwarded you a copy of the School District letter by email on March 13, 2014. Contact Tanya Noscimento at 253-945-2071, or tnascime s.or , for school access analysis information. 9. Affordable Housing— We will need to execute and record a final version of the affordable housing agreement before issuance of a building permit. I will provide further information at a later date regarding the form and content of the draft agreement you provided to the City. Comments regarding the Process III review from the city's Public Works Department, as identified below are forthcoming. I will provide you these comments upon receipt. Stormwater and Engineering (Ann Dower, 253-835-2732, ann.dower@cityoffederalway.com) Transportation (Sarady Long, 253-835-2743, sarady.long@cityoffederalway.com) Waste Management (Rob Van Orsow, 253-835-2770, rob.vanorsow@cityoffederalway.com) 13-104418 Doc. I.D. 65205 Mr. Hough March 28, 2014 Page 4 APPLICATION STATUS The review clock for the Use Process III application has stopped and the application is on hold until requested items are resubmitted. When resubmitting requested information, please provide a written response to each of the above -referenced items, four copies of corrected reports, and six copies of corrected full size plans with the enclosed resubmittal form. Pursuant to FWRC 19.15.050, if an applicant fails to provide additional information to the city within 180 days of being notified that such information is requested, the application shall be deemed void. The FWRC can be reviewed in its entirety at bttp:/Iwww.codepublishing-.com/wa/fedgr4lway/. If you have any questions regarding this letter or your development project, please contact me at iim.harris ci offederalwa .com, or other representatives listed above as appropriate. Sincerely, Jim Harris Contract Planner c: Ann Dower, Senior Engineering Plans Reviewer Sarady Long, Senior Transportation Planning Engineer Rob Van Orsow, Solid Waste and Recycling Manager 13-104418 Doc. I.D. 65205 CITY OF t Federal Way June 24, 2014 Mr. Matt Hough CPH Consultants 733 7t' Avenue, Suite 100 Kirkland, WA 98033 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway. com Re: File No 13-104418-00-UP; PROCESS III APPROVAL Kitts Corner Multifamily, 33701 Pacific Highway South, Federal Way Dear Mr. Hough: The City of Federal Way has completed the administrative review of the proposed construction of 216 multifamily units in 15 separate three-story buildings, along with 357 parking stalls, a recreation building, on -site open space, and landscaping. The site plan application submitted on October 4, 2013, and revisions submitted on February 7, 2014, June 12, 2014, and June 19, 2014, is hereby conditionally approved per the enclosed Exhibit A, Findings for Project Approval. The remainder of this letter outlines future review processes required, gives a brief summary of the process under the State Environmental Policy Act (SEPA) to date, and outlines procedure relating to appeals and approval periods for this decision. Additional requirements will be provided as city departments review the engineering plans and building permit applications submitted for the improvements. The Use Process III Master Land Use (MLU) application as it relates to the site plan review is hereby approved based on the enclosed findings of fact, incorporated into this decision in full, and the following decisional criteria and conclusions based on those facts: 1. The proposal is consistent with the comprehensive plan; 2. The proposal is consistent with all applicable provisions of Federal Way Revised Code (FWRC); 3. The proposal is Consistent with the public health, safety, and welfare; 4. The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal; 5. The proposed access to the subject property is at the optimal location and configuration; 6. Traffic safety impacts for all modes of transportation, both on and off site, are adequately mitigated; and 7. It is consistent with the site design standards set forth for all zoning districts and applicable supplemental guidelines set forth in the Community Design Guidelines. The remainder of this letter outlines the land use review process required for this particular site improvement; summarizes the State Environmental Policy Act (SEPA) process; lists conditions of the land use decision; and provides other procedural information. This land use decision does not authorize initiation of construction activities. Mr. Hough June 24, 2014 Page 2 SITE PLAN REVIEW PROCESS The site is within the Residential Multi -Family (RM 2400) zoning district, and the site is also subject to a City Council Approved Development Agreement under Ordinance 05-490 et al. Multifamily residential uses are permitted in this zone subject to the provisions of Federal Way Revised Code (FWRC) 19.205.040 "Detached or stacked dwelling units." The proposed uses are reviewed under the Process III, Project Approval, review process. Project approval does not grant license to begin any type of site work. The applicant is proposing minor improvements within designated wetland buffer areas that are subject to review under FWRC 19.275.040(4), "Minor improvements," via the Process III review process. SEPA PROCESS The responsible official of the City of Federal Way issued a Determination of Nonsignificance (DNS) with condition on March 7, 2014, pursuant to SEPA (file #13-104419-00-SE). The comment and appeal period for this determination was completed on April 11, 2014, with no corrections or revisions to the city's initial determination, and no appeal filed. The SEPA based condition is incorporated into the Use Process III decision in full and shall be implemented pursuant to the city's Environmental Policy set forth in FWRC 14.25.060. • The SEPA determination included the following condition: The applicant shall make school access improvements that provide for safe walking routes and access to bus stops for school age children as required by the Federal Way School District and the City of Federal Way. CONDITIONS OF APPROVAL The following conditions are reasonably necessary to eliminate or minimize undesirable effects of granting application approval. 1. Prior to issuance of any construction permits, final review and approval of the landscape plans (received June 12, 2014) shall be conducted to assure additional detail indicating the species type, size, and location of all proposed planting materials for all landscaped areas throughout the site, and to indicate a minimum of three feet of Type III landscaping planted at the base of every retaining wall throughout the site. 2. Prior to issuance of any City approval and permit approval for site clearing and grading, final review and approval of the Wetland Buffer Mitigation plan (March 7, 2014) shall be conducted to assure detailed planting plans indicating the species type, size, and location of all proposed planting materials, and details for all other proposed installations such as habitat features within the wetland buffer, and wetland buffer fencing and appropriate educational signage is provided. 3. Prior to commencement of any work related to the minor improvements ("minor improvements" means any and all development activities) within the wetland buffer area, performance and maintenance bonding, and/or assignment of funds including 20 percent contingency fund, for wetland buffer mitigation and monitoring for a minimum of five years, shall be submitted to the City in conformance with FWRC 19.25.020. 13-104418 Dce. LD. 65738 Mr. Hough June 24, 2014 Page 3 4. Prior to issuance of any construction permits, a Boundary Line Adjustment (BLA) application is required to be approved by the city and recorded at King County at the expense of the applicant. 5. Prior to issuance of any building permits, the applicant shall modify the engineering site plans to indicate locations and design of secure bicycle parking for a minimum of 60 bicycles (minimum of 20 covered) at dispersed locations throughout the site. 6. Prior to issuance of a certificate of occupancy for any residential buildings on the site, a Transportation Demand Management (TDM) plan that addresses how the site management team will encourage the use of alternative modes of transportation shall receive final City review and approval. Prior to the issuance of a certificate of occupancy for any building on the subject site, all on -site improvements related to the proposed development must be installed, inspected, and approved by the city. on -site improvements include, but are not limited to, storm drainage system; utilities; parking stalls and drive aisles; interior parking lot landscaping; bicycle parking facilities; perimeter landscaping; pedestrian walkways; common recreational open space and tot lot play areas; minor improvements within wetland buffer area and associated buffer mitigation; garbage and recycling facilities; and parking lot and pedestrian area lighting. Prior to issuance of certificate of occupancy for any residential building on the subject site, the applicant shall provide written evidence that a site inspection with the City of Federal Way's Crime Prevention Analyst has been done to ensure that site and building lighting, video surveillance, and security fencing limiting access to the wetland buffer area trail to daylight hours meets minimum Crime Prevention Through Environmental Design (CPTED) standards for personal safety. 9. Prior to issuance of certificate of occupancy for any residential building on the subject site, the applicant shall record an affordable housing covenant, that has been approved by the city, that identifies a minimum of five percent of the residential units (minimum of 15 units) will be affordable for the life of the project to households earning no more than 50 percent of the median income in King County. 10. Prior to issuance of any building permits, the applicant shall consult with representatives of Waste Management and provide written evidence that the project site design meets Waste Management's minimum standards to support garbage and recycling sei vice for the future residents of the development. 11. The driveway width on South 336th Street shall be 30' the entire length of the storage pocket and may be increased in order to provide adequate width for vehicles that may be reasonably expected to use the driveway, as determined by the Public Works Director. The applicant shall submit a Vehicle Turning Diagram showing how the appropriate design vehicle (such as: School Bus, Delivery and Garbage Truck) can enter, maneuver, and leave the site without encroaching onto opposing traffic lanes or mounting a curb. Doc. I.D. 65738 13-104418 Mr. Hough June 24, 2014 Page 4 PROCEDURAL INFORMATION BUILDING PERMIT & ENGINEERING REQUIREMENTS This Process III land use decision does not constitute a building permit or authorize clearing/grading activities. The applicant shall obtain building permits and engineering review for construction activities from the Community Development Department and Public Works Department. REQUESTS FOR CHANGE OF VALUATION Any affected property owners may request a change in valuation for property tax purposes, not withstanding any program of revaluation. APPROVAL DURATION Unless modified or appealed, this site plan approval is valid for five years from the date of issuance of the decision. Time extensions to the decision may be requested prior to the lapse of approval following the provisions listed in FWRC 19.15.110. APPEALS The effective date of issuance is three calendar days following the date of this letter, or June 27, 2014. Pursuant to FWRC 19.65.120, this land use decision may be appealed by any person who submitted written comments or any person who has specifically requested a copy of the decision. Any appeal must be in the form of a letter delivered to the Community Development department with the established fee and within 14 days after the effective date of issuance of this decision, or July 11, 2014. The appeal letter must contain a clear reference to the matter being appealed and a statement of the factual findings and conclusion of the Director disputed by the person filing the appeal. CLOSING This land use decision does not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. If you have any questions regarding this decision, please contact Isaac Conlen, Planning Manager, at 253- 835-2643, or isaac.conlen@cityoffederalway.com. Sincerely, Isaac Conlen, Planning Manager for Patrick Doherty, Director enc: Exhibit A: Findings for Project Approval, dated June 24, 2014 Exhibit B: Approved Site Plan, RDA Sheet Al, dated revised 6/18/2014 and stamped received June 19, 2014 Exhibit C: Approved Landscape Plan, L1.0 —L1.2, Talasea Consultants, dated revised 5/21/2014 and stamped received June 12, 2014 Exhibit D: Approved Common Recreational Open Space Plan, L2 & 2.1, Talasea Consultants, dated revised 5/21/2014 and stamped received June 12, 2014 Exhibit E: Approved Wetland Buffer Mitigation Plan, Talasea Consultants, dated revised March 4, 2014 and stamped received March 7, 2014 Exhibit F: Preliminary Elevations Buildings A — O and Recreation Building, by RDA, dated 6/20/2014 and stamped received June 20, 2014 13-104418 Doc, 1.D. 65738 Mr. Hough June 24, 2014 Page 5 c: Jim Harris, Contract Planner Scott Sproul, Assistant Building Official Ann Dower, Senior Engineering Plans Reviewer Sarady Long, Senior Transportation Engineer Rob Van Orsow, Solid Waste and Recycling Coordinator Lindsey Tiroux, Crime Prevention Analyst Chris Ingham, South King Fire and Rescue Brian Asbury, Lakehaven Utility District Tanya Nascimento, Federal Way School District, 33330 0 Ave S, Federal Way, WA 98003 Jack Hunden, Devco, 11110 Main St, Ste 301, Bellevue, WA 98004 Francine Wilhelm, fwilhelm@earthlinknet Hong Yang WAVA LLC, wavausa@gmail.com Donald Hurter, Development Services Env,cer, WSDOT, NB82-240, PO Box 331310, Seattle, WA 98133-9710 Lloyd Hara, King County Assessor, 500 4 Ave, #ADM-AS-0708, Seattle, WA 98104 13-104418 Doc. I.D. 65738 A�k CITY OF Federal Way Exhibit A Findings for Project Approval Federal Way Revised Code (FWRC) Chapter 19.65 `Process III — Project Approval' Kitts Corner Multifamily, File #13-104418-00-UP The City hereby makes the following findings pursuant to content requirements of the Process III written decision as set forth in Federal Way Revised Code (FWRC) 19.65.100(4). 1. Proposal — The applicant proposes the construction of 216 multifamily units in 15 separate three-story buildings on a 22.98-acre parcel. 357 parking stalls will be provided with 35 of these stalls being located in garages and the remaining 322 parking stalls being located in surface parking lots. A combination office and recreation building is also proposed. There are no existing buildings on the site. Access to the site is from a full access driveway on South 336th Street and from a right -in right -out access location on Pacific Highway South. The proposal also includes constructing off -site access improvements with a private road, and pedestrian facilities on the Kitts Corner development parcels to the east of the multi -family site. This access and private roadway to the east is a requirement of the Development Agreement for the subject property. 2. Comprehensive Plan & Zoning — Zoning for the subject site is Multifamily Residential, RM 2400, with a City Council approved Development Agreement Multifamily residential uses are permitted in this zone subject to the provisions of FWRC 19.205.040, subject to Process III, Project Approval. The FWRC requires a minimum of 2,400 square feet of lot area per dwelling unit. The application meets this requirement. The Federal Way Comprehensive Plan (FWCP) designation for the subject site is Multi -Family. Minor improvements within wetland buffers are subject to Process III Project Approval as provided in FWRC 19.175.040(4), while removal of non-native invasive vegetation within wetland buffer areas is also covered by the Process III Project Approval under FWRC 19.120.030. 3. Project Site — The 22.9-acre subject site currently consists of 3 separate tax parcels (#202104-9070, 202104-9001 and 202104-9072). The applicant has submitted a boundary line adjustment (BLA) application to modify the existing interior lot lines to encompass the Kitts Corner Multifamily project on one individual lot which will accommodate required building setbacks from property lines. The BLA shall be reviewed and approved by the city and recorded at King County at the expense of the applicant before the issuance of any building permits. There are two wetlands located on the site designated as Wetland 1 and Wetland 2. A 1997 Settlement Agreement and Covenant Agreement between the city and property owners under recording no. 9704211043 requires, in summary, a 100- foot wetland buffer for wetland 1 and 2 on the property. There is also one stream on the site which flows north to south through Wetland 2. This stream is named West Hylebos Tributary 0014A and is rated as a major stream under FWRC. The applicant proposes to develop minor improvements within portions of the wetland buffer area, including a soft -surface pedestrian path, benches, viewing areas, stormwater dispersion trenches, and temporary clearing and grading intrusions. In addition, the applicant proposes to upgrade existing degraded portions of the buffer areas with mitigation and remove invasive non-native vegetation. 4. State Environmental Policy Act (SEPA) — The responsible official of the City of Federal Way issued a Determination of Nonsignificance with a condition on March 7, 2014, pursuant to the State Environmental Policy Act (SEPA). The appeal period for this determination concluded on April 11, 2014, with no corrections to the city's initial determination. The final staff evaluation for environmental checklist, Federal Way application number 13-104419-00-SE, is hereby incorporated by reference as though set forth in full. • The SEPA determination included the following condition: The applicant shall make school access improvements that provide for safe walking routes and access to bus stops for school age children as required by the Federal Way School District and the City of Federal Way. 5. Required Yards & Height — Under FWRC 19.205.040, stacked multifamily housing units in the RM 2400 zoning district have a minimum 20-foot front yard setback and a 5-foot side and rear yard setback. Maximum permitted building height is 30 feet above average building elevation. The proposed buildings meet all of these dimensional requirements. Landscaping — The applicant proposes perimeter landscaping in compliance with FWRC 19-125-060(3)(a)-(c). Type III perimeter landscaping 20 feet in width is provided along the property frontage along South 336`h Street. Type III perimeter landscaping 10 feet in width is provided along the west property line as required by 19.125.060(3)(a)-(c). Landscaping along the south property line will be adjusted to be located behind the buildings M and N which will provide a minimum width of 10 feet of type III landscaping. Required landscaping along the east property line is comprised of existing vegetation and supplemented wetland buffer plantings. Fifteen (15) square feet of interior parking lot landscaping, per parking space, is provided in accordance with FWRC 19.125.070, "Parking Lot Landscaping." Landscaping is proposed for the perimeter and interior parking lot landscape areas at the end of all parking rows. Of the 357 parking stalls provided, 322 are located within surface parking lots and require a minimum of 4,830 square feet of interior parking lot landscaping (322 stalls x 15 square feet of landscaping per stall). The landscape plan sheet L1.2 by Talasea indicates approximately 6,466 square feet of interior parking lot landscaping is provided, which exceeds the minimum requirement. Final review of proposed landscaping will occur in conjunction with engineering and building permit review. Final landscape plans shall provide detailed planting plans indicating size, type, and location of all proposed landscape plantings. 7. Common Recreational Open Space — Under FWRC 19.205.040 Special Note 2, multi -family residential development must contain a minimum of 400 square feet per dwelling unit of common recreational open space usable for many activities. A minimum of 10 percent of this total area must be developed and maintained with children's play equipment. In addition, as the proposal is for more than 20 units, at least 50 percent of the total open space area must be in areas that are a minimum of Findings for Project Approval Page 2 Kitts Comer Multifamily File 413-104418-00-UP/Doc, LD. 65736 40 feet in length and width. For the proposed 216 units, a minimum of 86,400 square feet of common recreational open space must be provided (400 square feet x 216), with a minimum of 8,640 square feet in tot lot area, and a minimum of 43,200 square feet in areas with a minimum dimension of 40 feet in length and width. The applicant submitted landscape plans and a "Common Recreational Open Space" exhibit by Talasea dated received June 12, 2014, that indicate a total of 86,400 square feet of common recreational open space distributed in seven different areas, including 8,897 square feet in children's play areas with at Ieast 3 tot lots. The usable open space areas include: four usable open space areas which contain three play areas and a multi -use lawn area, and five of these areas include benches and barbeques; a 3,592 square -foot pool and recreation building; and 38,321 square feet of passive open space in wetland buffers which include soft surface pedestrian trails, viewing platforms and benches for enjoyment of the wetland areas, and enhanced wetland buffers and open spaces on site. All of the usable open space areas meet the minimum 40 X 40 foot dimension standard of FN RC. 8. Clearing and Grading Standards — The project is subject to minimum clearing and grading standards of FWRC 19.120. The proposed development is subject to the requirements for rockeries and retaining walls specified in FWRC 19.120.120. Due to existing topography and intensity of development in the developed portions of the site, use of some retaining walls is proposed. Per FWRC 19.120.120(3), rockeries and retaining walls shall be a maximum of six feet in height and a minimum of three feet landscaped setback at the base of each rockery or retaining wall. 9. Tree and Vegetation Retention Standards — The proposal is being reviewed for compliance with the City's previous significant tree retention and replacement code standards consistent with the Process III master plan approval for the site under city file no 07-100345-UP. Based on a representative sample significant tree survey prepared by the applicant, the proposal meets the City's previous significant tree replacement standards as identified on plan sheet II. The tree retention/replacement standard requires retention or replacement of at least 25 percent of the significant trees on site prior to development. The proposal easily meets the minimum 25 percent retention as it is estimated there are 759 significant trees on the 22.9-acre site, and based on the sample tree survey, it is extrapolated that 518 significant trees are proposed to be retained which far exceeds the minimum 25 percent code requirement. 10. Parking — The proposed development includes 357 parking stalls for the 216-unit multifamily development. Of the total proposed parking stalls, 322 will be surface parking stalls and 35 will be in garages within the "carriage house" buildings. Per FWRC 19.205.040, a minimum of 1.7 parking stalls per multifamily unit, or 368 parking stalls, are required (216 units x 1.7 rounded up). The site plan and supporting application materials request a reduction of 11 parking stalls which results in a parking ratio of 1 stall per 1.65 dwelling units. The applicant submitted a parking analysis prepared by Transportation Engineering NW, LLC, dated August 11, 2013, concluding that a parking ratio of 1.61 stalls per unit will exceed peak parking demand for the proposal, and a parking reduction to 1.61 stalls per unit is justified based on analysis of utilization rates of parking provided in similar developments in suburban locations. In addition, the applicant provided a parking analysis using the King County Multi -family Residential Parking Calculator Right Size Parking Program. This King County tool concludes that a parking ratio of 1.43 stalls per unit is adequate for this development. The parking analysis document also indicates Findings for Project Approval Page 3 Kitts Corner Multifamily File #13-104418-00-UP/Doc, LD. 65736 that the project management intends to implement a Transportation Demand Management (TDM) plan to provide incentives for alternative means of travel. Requests for modifications to minimum parking requirements are allowed per FWRC 19.130.080(2), and decisions related to such requests may be issued via the Process III land use decision. After review of the parking analysis document provided, staff has determined that the proposed parking ratio of 1.65 stalls per unit, or 357 stalls, is acceptable subject to the following conditions: a) Prior to issuance of any construction permits, the applicant shall modify the engineering site plans to indicate locations and design of secure bicycle parking for a minimum of 60 bicycles (minimum of 20 covered) at dispersed locations throughout the site. b) Prior to issuance of a certificate of occupancy for any residential buildings on the site, a Transportation Demand Management (TDM) plan that addresses how the site management team will encourage the use of alternative modes of transportation shall receive final City review and approval. The application of the above conditions are deemed necessary in light of the site's location with nearby public transit service, proximity to bicycle facilities, and lack of available on -street parking near the site. These additional provisions should encourage use of alternative modes and reduce overall parking demand at the site. 11. Off -site Access to West — The site plan for the site includes a dead end drive aisle near the northwest corner of the site that exceeds typical length requirements for fire apparatus vehicles as indicated by South King Fire and Rescue. In order to allow the dead end, the applicant has provided for implementation of an emergency access route past the dead end and through the neighboring property. South King Fire and Rescue has approved this concept. The adjacent property owner has signed an Emergency Fire Access and Maintenance Agreement, providing for emergency vehicle access onto the adjoining property to the west. 12. Community Design Guidelines & Development Plan for Village at Federal Way — All buildings incorporate building forms, materials, and treatment methods consistent with the minimum guidelines, including structural modulation; varied roof heights; architectural emphasis at building entrances; variety of material and colors; foundation landscaping; and pedestrian amenities. Site and architectural design is consistent with the minimum requirements of FWRC Chapter 19.115, "Community Design Guidelines," and the Development Plan for the Village at Federal Way as applicable to stacked multi -family dwelling units. 13. Crime Prevention through Environmental Design — The Federal Way Public Safety Department reviewed the Crime Prevention through Environmental Design (CPTED) checklist submitted by the applicant. The applicant has incorporated CPTED comments in project design and stated in their June 11, 2014, letter that site lighting, surveillance cameras, and fencing will be implemented. The Federal Way Police Department also suggested access to wetland trails not be allowed after daylight hours on a similar Devco project, which should also be a CPTED element on this site. To ensure that the site meets minimum CPTED standards, the applicant shall be required to provide written evidence that public safety staff have inspected the site and are satisfied that the building and site lighting, surveillance cameras, and fencing are adequate to address public safety concerns identified during site plan review. Findings for Project Approval Page 4 Kitts Corner Multifamily File #13-104418-00-UP/noc. I.D. 65736 14. Garbage & Recycling — The site and landscape plans were reviewed by representatives from Waste Management. While minimum standards for areas devoted to trash and recycling areas per FWRC 19.125.150 have been addressed, given the large site size and number of units, Waste Management remains concerned that servicing the site will be difficult. Therefore, as a condition of approval, prior to issuance of any construction permits, the applicant shall consult with representatives of Waste Management and provide written evidence that the project site design meets Waste Management's minimum standards to support garbage and recycling service for the future residents of the development. 15. Minor Improvements within Wetland Suffer Areas — The Kitts Corner Apartments site has two wetlands located on site and associated wetland buffers and a major stream contained in the wetland area. The wetlands, stream and associated buffers represent approximately 11.65 acres of the (22.9- acre) site that will remain in an undeveloped state, except for the proposed minor improvements. The applicant submitted a Wetland Buffer Mitigation Plan by Talasea Consultants Inc. dated revised March 3, 2014, that describes temporary buffer intrusions associated with the proposed minor improvements, and proposed wetland buffer restoration, enhancement, and mitigation for the temporary intrusions within the outer portion of the designated buffer areas. The proposed minor improvements include approximately 6,123 square feet of buffer area to be developed with soft surface trail and viewpoints. Approximately 6,919 square feet of the outer portion of the wetland buffer area will also be temporarily disturbed during site grading and development activity. Approximately 36,775 square feet of the outer buffer area is proposed to be restored and enhanced by removing invasive/non-native species and debris, placement of topsoil and mulch, installation of habitat features, and planting of a variety of native trees, shrubs, and groundcovers. FWRC 19.175.040(4) allows for review and approval of proposed minor improvements within wetland buffer areas through Process III. The proposed minor improvements, along with proposed buffer restoration, enhancement, and mitigation meet the criteria for approval of FWRC 19.175.040(4). As a condition of approval, prior to commencement of any work within the designated wetland/stream buffer areas, the applicant shall be required to provide performance and maintenance bonding and/or assignment of funds for wetland buffer mitigation and monitoring for a minimum of five years, in conformance with FWRC 19.25.020. In addition, prior to issuance of any construction permits, City staff shall conduct further review of the Wetland Buffer Mitigation Plan, which could result in revision/update of the plan being required to meet applicable FWRC standards. Wetland impacts to wetland 3 and 4 for construction of the off -site interim roadway on the east side of Wetland 2 is permitted under City file No. 07-102851 UP. 16. Affordable Housing Covenant — Multi -family housing proposed for the Kitts Comer Multifamily site is subject to the requirements of FWRC 19.110.010 "Affordable Housing Regulations." As such, a minimum of five percent of the units within the development shall be maintained as affordable housing, as defined in FWRC 19.110.010(2), for the life of the project. An agreement in a form approved by the city must be recorded with the King County Department of Elections and Records at the applicant's expense. This agreement shall be a covenant running with the land, binding on the assigns, heirs, and successors of the applicant. 17. Stormwater — Within the roughly 23-acre westerly portion of the project site, the Kitts Corner Multifamily project will develop approximately 8.8 acres. Of that area, about 6.3 acres will be impervious. The project is required to meet Conservation Flow Control and Enhanced Basic Water Quality requirements as outlined in the 2009 King County Surface Water .Design Manual (KCSWD9 and the City of Federal Way Addendum to the KCSWDM. A Settlement Agreement and Covenant Findings for Project Approval Page 5 Kitts Corner Multifamily File #13-104418-00-UP/Doc. I.D. 65736 between the property owners and City of Federal Way (King County recording number 9704211043) establishes that flow control requirements will be met through stormwater detention provided by the S 336"' St Regional Storage Facility. A filter cartridge system is proposed to provide onsite water quality treatment for pollution -generating surfaces. A rain garden is also proposed to provide water quality treatment for connecting roads to be built on the east side of the project site. A portion of the roof runoff from the buildings will be dispersed onsite in order to meet Best Management Practices requirements. 18. Boundary Line Adjustment— The applicant submitted an application for a Boundary Line Adjustment (BLA), to revise existing interior lot lines. Said BLA application has undergone initial review by City staff and has been resubmitted to the City for additional review. The BLA must be recorded with King County at the applicant's expense prior to issuance of any building permits associated with the. project. 19. School Mitigation Fee — The project is subject to school impact fees pursuant to Chapter 19.95 FWRC. Per FWRC 19.95.050(3) and (4), school impact fees for multifamily development shall be assessed and collected prior to building permit issuance, using the fee schedule then in effect. 20. Traffic Impact Fee — The project is subject to traffic impact fee (TIF) per FWRC 19.91. A traffic impact fee will be calculated at the time of building permit submittal and will be based on the fee in effect at the time a completed building permit application is filed. 21. Street Improvements — The site frontage on South 336 h Street is fully developed and no further improvements are required. Any improvements to Pacific Highway South will be completed with the development of the east side of the Kitts Corner (AKA Federal Way Village) site. In 2005, City Council approved ordinance 05-490, which established a master planned community with public roads throughout the site. The applicant later requested a change to the master plan, from townhomes to apartments on the west side of the site, and an associated change from public to private roads to accommodate parking and other design considerations. City Council Resolution 13-641 allows a private road to be permanently established within the apartment complex, and interim private roads to be provided on the east side of the site to assure proper access to City streets. The interim private roads, at a minimum, shall consist of 24' of pavement with 4' planter strip, streetlights, and 6' sidewalk on one side. When development occurs on the east side of Wetland 2, the interim private roads will be revised to conform to City of Federal Way Road Cross Section "W' and will be dedicated. An existing berm that is part of the South 336ffi Regional Detention Facility limits the width of the road where it crosses the wetlands. In this area, the road shall consist of 24' of pavement, 6' sidewalk, and streetlights. This area will not be revised with further development, but will be dedicated. 22. Bird Habitat / Pacific Flyway Comment — The City received a public comment regarding development of the site potentially violating the Federal Migratory Bird Act. The applicant has provided a February 21, 2014, letter from Talasea Consultants, which appropriately responds to the public comments. The proposal will not result in a violation of the Federal Migratory Bird Act as discussed in the Talasea response letter. 23. School District Safe Walking Routes — The Federal Way School district reviewed the proposed development in light of school access requirements. In order to provide safe walking routes and bus access, the school district has identified that school bus stops will be located on site and the school buses will travel through the site to pick up and drop students for all elementary, middle and high schools. On - site sidewalks will provide safe routes of travel for school children on site. Findings for Project Approval Page 6 Kitts Corner Multifamily File #13-104418-00-UP/no., rn. 65736 24. Conclusion —As conditioned, the proposed site plan application and application attachments have been determined to be consistent with the Federal Wary Comprehensive Plan, all applicable provisions of the FWRC, and with the public health, safety, and welfare. The streets and utilities in the area of the subject property are adequate to serve die anticipated demand from the proposal, and the access to the subject property is at the optimal location and configuration for access. The proposed development is consistent with Process III, Project Approval, decisional criteria required under FWRC 19.65.100(2)(a) and (2)(b) and FWRC 19.175.040(4), "Minor Improvements in wetland buffers." The proposed site plan and application attachments have been reviewed for compliance with the Federal Way Comprehensive Plan, pertinent zoning regulations and all other applicable city regulations. Final construction drawings will be reviewed for compliance with specific regulations, conditions of approval, and other applicable city requirements. This decision shall not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. Prepared by: Jim Harris, Contract Planner Findings for Project Approval Kitts Comer Multifamily Date: June 24, 2014 Page 7 File #13-104418-00-UP/Doc. 1n. 65736 CITY OF Federal November 7, 2013 Mr. Matt Hough CPH Consultants 733 7`' Avenue, Suite 100 Kirkland, WA 98033 1 CITY HALL 8th Avenue South Feder Federal Way, WA 98003-6325 Way (253) 835-7000 www.cityoffederalway.com FILE Re: File No's. 13-104418-00-UP & 23-104419-SE; NOTICE OF COMPLETE APPLICATION Kitts Corner Multifamily; 11XX South 3361h Street, Federal Way Dear Mr. Hough: The Community and Economic Development Department is in receipt of your October 4, 2013, Process III Master Land Use (MLU) application and environmental checklist for the proposed development of 218 multifamily dwelling units, on -site recreation building, parking, and associated site improvements at the Kitts Corner site at the 1100 block of South 336"' Street. Pursuant to Federal Way Revised Code (FWRC) 19.15.045, within 28 days of receiving an MLU application, the city shall determine whether all information and documentation required for a complete application has been submitted. NOTICE OF COMPLETE APPLICATION Please consider this correspondence a formal Letter of Complete Application. The Process III MLU application is deemed complete as of October 31, 2013. This determination of completeness is based on a review of your submittal relative to applicable requirements referenced within FWRC 19.15.040, "Development Application Submittal Requirements." This notice of complete application does not represent any form of preliminary approval of the proposed site plan. A 120-day time line for reviewing the environmental checklist and Process III application has started as of this date. The city's development regulations allow the department 120 days from the date that an application is deemed complete to take action on the application. However, the 120- day time line will be stopped any time the city requests corrections and/or additional information. You will be informed of the status of the 120-day time line when you are notified in writing that corrections and/or additional information are needed. Development review staff will follow up with technical review comments on the proposal in next couple of weeks. Mr. Matt Hough Page 2 November 7, 2013 PUBLIC NOTICE The Notice of Application will be distributed within 14 days of October 31, 2013, as follows: (1) at -least one nvtite will be posted at the subject property; (2) one copy will be posted at each of the official notification toards; (3) one copy will be published in the Federal Way Mirror; and (4) a copy wi I l' be mai led to property owners within 300 feet of the subject property. The department also has the responsibility to notify other agencies that may have jurisdiction over your development project or an interest in it. CLOSING If you have any questions regarding this letter or your development project, please contact me at jim.harris@cityoffederalway.com. Sincerely, 2 arris Contract Planner c: Ann Dower, Senior Engineering Plans Reviewer Sarady Long, Senior Transportation Planning Engineer Brian Asbury, Lakehaven Utility District File k13-1044128-00-UP Doc ID 64436 r� F6 CITY OF 'A Federal Way RE -ISSUED NOTICE OF MASTER LAND USE APPLICATION Project Name: Kitts Corner Multi -Family Project Description: Proposed construction of 218 multi -family residential dwelling units with vehicular access to South 33e Street and Pacific Highway South, including a recreation building, stormwater facilities, parking, and landscaping. This notice of application is being re -issued and re -mailed, as there was an inadvertent error in the November 8, 2013 mailing. Applicant: Jack Hunden, Devco Inc. Project Location: 1100 Block of South 33e Street (south side of 336`h), Federal Way, WA 98003 Date Application Received: October 4, 2013 Date Determined Complete: October 31, 2013 Date of Re -Issued Notice of Application: December 4, 2013 Comment Due Date: December 18, 2013 Permits Under Review: Use Process III (File 13-104418-UP); Environmental Determination (File 13- 104419-SE); and Transportation Concurrency (File 13-104420-CN) Existing Environmental Documents: Preliminary Wetland Impact Analysis and Mitigation Plan, Limited Scope Traffic Impact Analysis. Required Studies: Traffic Impact Analysis; Preliminary Technical Information Report; Wetland Delineation and Mitigation flan; and Parking Study. Development Regulations Used for Project Mitigation: Federal Way Revised Code (FWRC) Title 14, "Environmental Policy," Title 16 "Surface Water Management," and Title 19 "Zoning and Development Code." Public Comment & Appeals: Any person may submit written comments regarding the application to the Director of Community and Economic Development by 5:00 p.m. on December 18, 2013.Only persons who submit written comments to the director (address below) or specifically request a copy of the decision, may appeal the decision. Details of appeal procedures for the requested land use decision will be included with the written decision. Availability of File: The official project file and environmental documents are available for public review during normal business hours at the Department of Community and Economic Development (33325 8 h Avenue South, Federal Way, WA 98003). City Staff Contact: Jim Harris — Contract Planner; jim.harris -,ci!yoffederalway.com, or 253-835-2652 Published in the Federal Way Mirror November 8, 2013. Doc. LD, 64615 rr 5 99 S 304th St S 308th St S 312th St LL I$320thSt %. < 44 5 324th St SI336th- kt .- .y ProIect ; sw Si e kj:L4�tS f 18 S 3d8th t C4 99 .g o 5 (Not to Scale) Vicinity Map Kitts Corner Multi -Family Development Project Site: 1100 Block South 336t" Street, Federal Way, WA November 8, 2013 �l CITY OF A%�1 Federal December 20, 2013 Mr. Matt Hough CPH Consultants 733 76' Avenue, Suite 100 Kirkland, WA 98033 Via email: matt@cphconsultants.com CITY HALL 33325 8th Avenue South Feder y Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com FILE Re: Files #13-104418-00-UP & #13-104419-SE; TECHNICAL REVIEW COMMENTS Kitts Corner Multi Family Project,111XX South 336`h Street, Federal Way Dear Mr. Hough: City staff has completed the initial review of your Process III Master Land Use (ML,U) application submittal package for the Kitts Corner Multi Family proposal. The proposal is for construction of a 218- unit multi -family residential development with associated improvements including parking, recreation and office building, open space, utilities, and wetland and wetland buffer intrusions. The application was deemed complete October 31, 2013, and a Notice of Application (NOA) was issued November 8, 2013. The NOA comment period ended on November 25, 2013, with no comments received. However, there was an inadvertent error in the mailing envelopes provided to the city and 22 of the 32 notices that were mailed out were returned to the city. It appears that the envelopes and notices were mailed to the property addresses within 300 feet, not to the persons receiving the tax statements for properties within 300 feet of the site. Therefore, we re -issued and re -mailed the notice of application on December 4, 2013, with a comment period ending on December 18, 2013. TECHNICAL COMMENTS Unless otherwise noted, the following comments provided by staff reviewing your project must be addressed prior to issuing the administrative site plan decision. Please direct questions regarding any of the technical comments to the appropriate staff representative. 1. CPTED Checklist — The city's Crime Prevention Through Environmental Design (CPTED) checklist was not submitted with the Master Land Use application. Please submit four copies of the completed checklist. 2. Scale — As indicated on the Process III development submittal checklist, please provide a site plan in 1" = 20' scale. We prefer to have both the 1" = 20' scale and 1" = 50' site plans to conduct the SEPA and Process III review. 3. Stormwater Detention Separation — One of the findings necessary for Process III approval in Federal Way Revised Code (FWRC) 19.65.100 is a finding that the proposal provides for the public health, safety, and welfare. City staff is concerned regarding the proximity of the large high -density residential area and the adjacent regional stormwater detention facility. Please identify any plans and mitigation to avoid safety hazards between humans and the stormwater detention facilities. Also, see Mr. Matt Hough Page 2 December 20, 2013 the comments below from Public Works regarding separation of the site from the storm drainage facilities. 4. Fire Department Turn Around — South King Fire and Rescue has raised a concern that the dead end drive aisles terminating_ ar building C and E both exceed maximum length allowed by the fire department' 1 Wt. botf# include an approved tum-around. See further fire department comments below. 5. Wetland Intrusion — The submitted plans indicate that there will be intrusions into wetland number 2. The intrusion into the wetland 2, to connect to the sanitary sewer, is not permissible via Process III review. Pursuant to FWRC 19.175.030(4), any intrusion into the wetland requires Process IV review and approval by the Hearing Examiner. Therefore, a Process IV wetland intrusion application is required for this element as currently proposed. We understand that you are currently revising the plans to avoid this wetland impact, and Process IV is not required if this impact is avoided. 6. Wetland Buffer Intrusions — The site plan and October 3, 2013, Talasea Consultants Preliminary Impacts and Mitigation Assessment for Proposed Wetland Buffer Intrusions and Temporary Wetland Impacts identifies several wetland buffer intrusions including the following: buffer intrusion for the sewer line; temporary construction related impacts; stormwater dispersion trenches; soft surface trail improvements; and roadway construction on the berm and on the access road further east. The following is a discussion of the necessary review process and criteria for each of the proposed wetland buffer intrusions. Temporary clearing and grading impacts for construction and dispersion trenches: Approximately 8,500 square feet of area are identified in the October 3, 2013, Talasea Report, plus dispersion trenches. Any of these intrusions must be avoided and/or minimized to the maximum extent possible. Please re -design the site layout so these intrusions are not necessary, or explain why this is not possible. If allowed, these intrusions will be reviewed under the existing Process III application as a minor improvement pursuant to FWRC 19.175.040(4). A mitigation and monitoring plan is required for any impacts. Soft surface trail. The proposed soft surface trail in the wetland buffer is also permissible via Process III review pursuant to FWRC 19.175.040(4). City staff is concerned regarding any potential impacts to this wetland that is associated with Hylebos Creek. Consider moving this recreational trail to the perimeter of wetland 1 rather than near wetland 2, to minimize impacts. Under either scenario, the mitigation report must identify potential human and domestic animal impacts, and propose mitigation and monitoring of these potential impacts. • Roadway improvements on existing constructed berm: The proposed roadway, pedestrian, and utility improvements proposed on the existing lawfully established berm are within the wetland buffer. These improvements will become a future public roadway; therefore, these improvements may be reviewed and decided upon pursuant to FWRC 19.175.040(3). Wetland buffer intrusions for wetland 3 and wetland 4 near the access roadway to Pacific Highway South have previously been reviewed and approved by the Hearing Examiner for file 07-102 85 1 -00-UP; therefore, no additional review process is required for these wetland buffer impacts. File 13-104418-00-UP Doc, I.D. 64624 Mr. Matt Hough Page 3 December 20, 2013 7. On -Site Usable Open Space — The site plan needs to be revised to clearly indicate how the minimum open space standards are met as follows: a. The minimum open space requirement for multifamily development is at least 400 square feet per unit; therefore, 218 units proposed x 400 = 87,200 square feet total required. b. Overall, the open space concept for this project should be revised to provide larger, more centrally -located, easily accessible, diverse, and observable spaces for use by the residents. As proposed, the open space concept does not meet minimum size requirements as discussed below. c. The open space plan counts a width of 50 feet, times the linear trail length for the soft surface trail, while the actual trail width is approximately five feet wide. Please provide written rationale supporting the use of the 59,211 square feet of trail area as common recreational open space. Please expand on the components of the trail that will provide recreational opportunities while preserving the integrity and function of the wetland buffer. This could include, but is not limited to, the following suggestions: educational signage; litter controls; benches; points of interest; etc. d. Portions of the proposed recreation center space may be counted as open space; provided, those areas are for recreational opportunities (pool, sport court, and exercise room). Portions of the building are leasing and office space, and portions of the building are recreational. The plan sheet L 3.0 shows the recreation center provides 6,943 square feet of recreation. My calculation shows the recreation buildingloffice provides approximately 4,005 square feet of recreation area (sport court 1,400 square feet, pool area 2,165 square feet, and 2"a floor exercise room 440 square feet). Please revise calculations and update recreation plan to show the correct size of the recreation area. e. The pedestrian promenade proposed at the outer portion of the wetland 1 buffer would qualify as open space. f. As many of the units contain more than three bedrooms, there will be families with children living in this community. There needs to be functional active recreation opportunities for all age groups to meet the open space criteria set forth in FWRC 19.115.115(1). City staff recommends replacing one of the proposed tot lots with an alternate form of outdoor active recreation activity for all ages. Examples of outdoor recreation areas could include, but are not limited to, the following: outdoor sport court; basketball court; picnic and barbeque areas; etc. g. PIease provide open space in a manner that reflects the above -referenced criteria. As a supplement or revision to the October 3, 2013, Play Area Supplement Design Information Report, provide a written response to criteria FWRC 19.115.115(l)(a) through (0 detailing how these code requirements are being met. 8. SEPA Checklist — Please review and revise the SEPA checklist and resubmit seven revised copies of the SEPA checklist addressing the following items: Item A.10 — Please revise to include the Process IV wetland intrusion (if applicable; the wetland buffer intrusions are discussed above). Item A.11— Please clarify the statement regarding access to Pacific Highway South, as this would be a second access to the site and available to occupants, visitors, etc., in addition to emergency vehicles. Doc. I.D. 64624 File 13-104418-00-UP Mr. Matt Hough Page 4 December 20, 2013 Item B.3.a.2 — Based on the submitted plans, significant portions of the built site will be located within 200 feet of wetlands. Several intrusions are proposed within 100 feet of the wetlands and a sewer connection is proposed within the wetland. Please revise the response. Item B. 7. b.1— Please revise to discuss existing industrial uses adjacent to the west side of the site (in the Commercial Enterprise zone) and noises that are emitted from those sites. Item B.14.a — Clarify the response in checklist that access to Pacific Highway is not just an emergency access and provides a full second access to the site. Item B.14.c — Clarify the number of parking stalls proposed: the SEPA checklist identifies 333 stalls; the August 1, 2013, TENW report identifies 352 stalls; and the site plan lists 353 stalls. 9. Photometric Lighting Plan Pursuant to the CPTED checklist requirements, please submit a photometric lighting plan that meets the standards of the Illuminating Engineering Society (lES) minimum outdoor light levels. 10. Building Heights — Several of the building elevations show the building height close to the maximum permissible 30-foot height limit. However, the Average Building Elevation (ABE)' was not established for the building footprints, which also results in an inaccurate height of structure calculation. For this large site, we will measure the building height in accordance with Director's Interpretation 12-01. In order to determine compliance with the 30-foot height limit and the Director's Interpretation 12-01, please provide the following with a resubmittal on the Process III application: ■ A color cut/fill diagram for the whole site showing the deptb/height of cuts/fills on the whole site. 11. Community Design Guidelines — Building E fronting on South 336`h Street exceeds 120 feet and must comply with the following modulation and depth standard of the FWRC: FWRC 19.115.090(1)(p): "Building facades that exceed 120 feet in length and are visible from an adjacent residential zone, right-of-way, public park, or recreation area shall incorporate a significant structural modulation (offset). The minimum depth of the modulation shall be approximately equal to 10 percent of the total length of the subject facade and the minimum width shall be approximately twice the minimum depth. The modulation shall be integral to the building structure from base to roofline." Please revise and identify how the facade complies with this standard. 12. Community Design Guidelines — Several buildings have common egress areas to the rear of the buildings, and these egress areas do not appear to extend into walkable areas. Please clarify/revise the rear egress for the following buildings: ■ Buildings A, B, and E: Rear egress to 20-foot-wide required perimeter landscape buffer. • Buildings C, I, M, T, and N.• Rear egress at wetland buffer boundary with no apparent route of walking to the front of the buildings. 'FWRC 19.05.010 2 FWRC 19.05.080 File 13-104418-00-UP Doc. I.D. 64624 Mr. Matt Hough Page 5 December 20, 2013 13. Principal Facades — Please provide a detailed color and scaled architectural drawing of a building fagade of one of the buildings fronting on South 336t' Street. The rendering shall include landscape, retaining wall, and building elevation. 14. Building Designs — FWRC 19.115.090(1)(q) applies at a minimum to the buildings adjacent to and facing South 33e Street. There does not appear to be any architectural distinction between the base and middle of the facades. Please revise and implement these standards on at least the facades facing South 336' Street. FWRC 19.115.090(1)(c): "Buildings should be designed to have a distinct base, middle and top. The base (typically the first floor) should contain the greatest number of architectural elements such as windows, materials, details, overhangs, cornice lines, and masonry belt courses. The midsection, by comparison, may be simple. (Note: single -story buildings have no middle.) The top should avoid the appearance of a flat roof and include distinctive roof shapes including but not limited to pitched, vaulted or terraced, etc." 15. Development Plan for Village at Federal Way —The proposal is subject to the standards in the Development Plan for Village at Federal Way as adopted in the January 25, 2008, Revised Process III approval for the Federal Way Village Master Plan. The following comments pertain to compliance with the Development Plan for Village at Federal Way. Please provide a written response to how the proposal complies with each of the standards in the following sections (pages) of the Development Plan for Village at Federal Way: o Page 1, Introduction o Page 10, Site Planning o Pages 30 — 37. Some of the standards may be inapplicable or may be indicative of the previous Townhome proposal. However, the proposal is subject to the site specific standards, and all of the standards need to be adequately addressed. Through the current Process III approval, we will need to make findings on how each of the standards are met or are inapplicable due to the current proposal differing from the previous Townhome Plan. However, the site and current plan must comply with these site specific standards to the maximum extent possible. The following four bullet points are areas that I am highlighting, as the current proposal does not meet these standards, and the proposal will need to be modified accordingly. o Pg 30 A. Bullet 3: Buildings to be less than 150 feet in length. This may apply to the building along South 336b Street. o The proposed two story buildings that have all garages on the first floor and residential units on the second floor do not comply with several sections of the Development Plan standards as follows : a) Pg 31, Section C. Building Style: Discusses alley loading, and a variety of elevation styles. Doc I.D 64624 File 13-104419-00-UP Mr. Matt Hough Page 6 December 20, 2013 b) Page 34 section 3, Door Placement: Requires entry of all homes to be visible and accessible from street or public open space. c) Page 36, Garages: Bullet 3 states facades of all garages shall be set back 2 feet from the primary fagade of the house. o Page 34, Porch size: Porch size minimum is 6 feet by 8 feet, and minimum of 30 percent of the fagade length. Please verify the plans meet this standard. o Page 37, Parking: The Development Plan states parking will be handled via attached garage, and driveway at each home. The proposal does not resemble or comply with this standard in several areas including: number (quantity) of parking stalls, type of stalls, i.e. garages for each unit, guest parking standard. I anticipate that due to the change in the type of residential development, this standard will need to be modified; adequate findings will need to be made why the proposal does not comply, through the pending Process III review and decision. 16. Pedestrian Connections — The internal pedestrian connections within the surface parking areas must be delineated using a variation in paved texture and color. Approved methods of delineation include stone, brick or granite pavers, exposed aggregate, or stamped and colored concrete. Please indicate the delineation method and provide additional connections. A pedestrian crossing across the drive aisle must be provided at the location of the trash enclosure. 17. Potential Noise Impacts — Please identify what measures have been taken in the site and building design to implement condition number 13 of City Council Resolution 13-641. Condition 13 states: "...the residential area shall be designed to minimize reception of potential noise impacts from adjacent nonresidential uses." My main concern here is in regard to the existing manufacturing / industrial uses to the west in the Commercial Enterprise (CE) zoning district. 18. Preliminary Landscaping Plan Review — I have conducted a review of the preliminary landscape plan for compliance with the required minimum spatial requirements of the FWRC, in order to conduct the Process III site plan review. A 20-foot-wide Type III landscape buffer is required along the South 3361h Street frontage, and ail other perimeter property lines are required to be buffered with a 10-foot-wide Type III landscape strip. a. Perimeter Buffers — All of these required perimeter buffer areas are shown in the correct width, except, I am unclear on where the south property line is located. The architectural site plan and civil site plans show different south property line locations. If the south property line is further to the south as shown on the civil site plan, then indicate where the existing or proposed 10-foot-wide Type III landscaping is located. Existing vegetation on the subject property may be used to fulfill this standard if the existing vegetation provides at least a Type III visual landscape buffer. Perimeter landscape buffering for the east property line is provided by existing vegetation in the wetland and wetland buffer and will meet applicable FWRC requirements for perimeter landscaping. File 13-104418-00-UP Doc, I.D. 64624 Mr. Matt Hough Page 7 December 20, 2013 b. Parking Lot Landscape Islands — Parking lot landscape islands are shown in correct locations per FWRC 19.125.070, with the exception of one missing location at the end of parking stall row just west of open space 1. The parking area landscape calculations meet minimum code standards. C. Overall Proposed Plantings — Each of the required landscape planting areas must include trees, shrubs, and groundcover throughout the planting bed. Detailed planting plans must be submitted with the building permit application or Engineering Plans (EN), which shows how each landscape area meets minimum planting requirements for Type I, Type II, Type III, and Type W landscaping standards as appropriate. 19. Clearing, Grading, and Tree and Vegetation Protection — a. Rockeries and Retaining Walls — Please provide sections and details of proposed rockeries and retaining walls that indicate material, overall height, and landscaping. Per FWRC 19.120.120(3), rockeries and retaining walls on multifamily residential lots shall be a maximum height of six feet and there shall be a minimum of three feet of landscaped setback at the base of each rockery or retaining wall. Also, see FWRC 19.120.120(4) through (7) for additional requirements for terracing, landscaping, and material selection for rockeries and retaining walls. b. Tree Retention Standards —The Talasea Landscape plan sheet L1.0 notes that the project is understood to be vested to prior city code tree retention standards at the time of the Federal Way Village Process III approval. I have been unable to confirm this point regarding vesting to prior tree retention standards. Can you please provide me a copy of documentation of the vesting to the previous tree retention code? Regardless of the applicable tree retention standard (current FWRC or previous code), the submitted plans propose to utilize existing trees within the wetlands and wetland buffers to fulfill applicable FWRC tree retention requirements. At this time, we do not have an inventory or count of trees existing in the wetlands and wetland buffers, and vegetation and tree density varies from uplands to wetlands and wetland buffers. Therefore, to assure compliance with the minimum tree replacement standards, please provide t�vo, one -acre representative samples of significant trees in the exiting wetlands and/or wetland buffer of both wetland 1 and wetland 2. I will provide further direction on tree retention upon review of documentation of any vesting to previous code. 20. Parking Stall Count — The applicant submitted an August 1, 2013, Parking Analysis prepared by Transportation Engineering Northwest. The parking table on Sheet A1.0 indicates a total of 353 stalls, based on a proposed rate of 1.61 stalls per unit. This is lower than the minimum FWRC standard of 1.7 stalls per unit in FWRC 19.205.040. Therefore, the proposal results in a requested reduction of 17 parking stalls. No specific guest parking is provided on site and no street parking is available in the immediate vicinity. a. Approximately 39 percent of the proposed units are 4 and 5 bedroom units. Provide more detailed information on unit types for the comparables in the parking analysis (what percentage in the comparables are 4 and 5 bedroom), and also provide information on availability of on - street parking and public transportation for each comparable. Doc. LD. 64624 File 13-104418-00-UP Mr. Matt Hough Page 8 December 20, 2013 b. To support your request for a parking stall count reduction, please complete the parking calculator for this project in the King County Metro right size parking website and provide a printed copy of the results with your re -submittal (hap://www.r"�i htsize arkin .o c. The parking study references a Transportation Demand Management (TDM) plan to reduce the reliance on vehicle use. Please submit the TDM plan for city staff review. d. City staff recommends including implementation of weather protected bicycle parking areas at the site as a component of the parking stall count reduction request. Bicycle parking similar to the bicycle parking and secure bicycle enclosures for the Park 16 project should be implemented on revised plans. 21. Trash Enclosure — See the solid waste comments from Solid Waste and Recycling Manager Rob Van Orsow, below. 22. School Access Analysis —A school access analysis for elementary, middle, and high school is needed. Contact Tanya Noscimento at Federal Way Public Schools at 253 945-2071, or tnascime@bLvps.org.for school access analysis guidelines. 23. Affordable Housing — Pursuant to FWRC 19.110.010, new multifamily projects involving 25 dwelling units or more are required to provide affordable dwelling units as part of the project. At least two dwelling units, or five percent, of the total number of proposed units, whichever is greater, shall be affordable. For the proposed 218 units, a minimum of 11 units (218 x .05 = 11) must be , identified and maintained as affordable housing. `Rental affordable housing" means dwelling units that are offered for rent at a rate that is affordable to those individuals and families having incomes that are 50% or below the median county income. An agreement in a form approved by the city must be recorded with the King County Department of Elections and Records requiring affordable dwelling units that are provided under the provisions of this section to remain as affordable housing for the life of the project. This agreement shall be a covenant running with the land, binding on the assigns, heirs, and successors of the applicant. Please prepare a draft affordable housing covenant for our consideration. Following are comments from the city's Public Works Department, South King Fire and Rescue, and Lakehaven Utility District. Each of the comments in these sections needs to be addressed for the Process III review. Stormwater and Engineering (Ann Dower, 253-835-2732, ann.dower@cityoffederalway.com) The Public Works Department has reviewed the documents provided on October 4, 2013, and provides the following comments: Site Plan FWRC 19.65.100 is a finding that the proposal provides for the public health, safety, and welfare. In order to meet this finding, the applicant will need to provide protective barriers, such as vinyl coated chain link fence, to separate residents of the development from the highly variable stormwater flows File 13-104418-00-UP Doc. LD 64624 11 Mr. Matt Hough Page 9 December 20, 2013 associated with the regional detention facility. Areas of particular concern include the perimeter of the regional detention facility, both sides of the berm road, and existing large conveyance structures. Provide a plan showing measures that will be implemented to avoid safety hazards. 2. Provide vinyl coated chain link fence along the top of the walls on South 336th Street. All walls, including foundations, must be located outside the wetland stream buffer easement. 4. The pedestrian trail must be located outside the wetland stream buffer easement. 5. Verify that the ditch along the west side of the site, next to buildings N and Q, will be left intact and that the site will not contribute additional runoff to it. 6. Provide bollards on all city maintenance roadways to prevent unauthorized vehicles from entering. 7. Dispersion trenches must be kept outside the wetland buffer easement and must meet 2009 King County Surface Water Design Manual (KCSWDM) requirements for sizing, flow path distance, and other design criteria. Roads 8. Portions of the interim road that will be dedicated to the public must be revised to include crowned center, full -depth pavement section (0.25' HMA CL Y?, 0.17' CSTC, 0.5' CSBC), and streetlights. 9. The berm road must be revised to have a 6-foot sidewalk on both sides; 3-foot utility strip; 24-foot wide roadway; full -depth pavement section (0.25' H1AA CL L/2% 0.17' CSTC, 0.5' CSBC); crowned center; curb on both sides; stormwater conveyance system; and streetlights. 10. Verify that the culvert within the berm is capable of supporting expected traffic loads, including trucks, fire trucks, buses, etc. 11. Provide guardrail on both sides of the berm road, and handrail for the sidewalk. 12. Drainage must meet the requirements of the 2009 KCSWDM. Explain how the manual requirements for enhanced basic water quality will be met for the proposed roads. Where only dispersion trenches are proposed, it appears that this requirement is not met. Site Cross Sections 13. Show the proposed retaining walls along South 336`h Street. Technical Information Report 14. In the Project Overview (page 2), the Flow Control Summary (page 7), and the Performance Standards (pages 11-12), the narrative states that the South 336`h Regional Detention Facility has been sized, "...assuming maximum build -out conditions in the watershed." The culvert referenced does not provide detention, and the implication that any property in the watershed would have the same right to detain within the facility is incorrect. Please eliminate these statements, reference the agreement, and include a copy of the agreement in the TIR. Doc. LD. 64624 File 13-104418-00-UP Mr. Matt Hough Page 10 December 20, 2013 15. Best Management Practices (BMP) are required for this site. Please explain what BMP's are provided for this development and how they meet the "Large Lot Low Impervious BMP Requirements" (2009 KCSWDM Section 5.2.1.2). 16. In the Water Quality Summary (page 7) and Performance Standards (page 12), explain how runoff from the interim and berm roads will be treated. 17. In the offsite analysis, provide additional information on the wetland to the west of the site. This is not part of the South 3360' Regional Detention Facility and is likely a closed depression. If any of the site drains to this wetland, either currently or in the proposed design, explain how development will affect the hydrology of this closed depression. If the existing closed depression is already covered in a previous TIR or agreement, please add this information to the offsite analysis. Transportation (Sarady Long, 253-835-2743, sarady.long@cityoffederalway.com) The Public Works Traffic Division has reviewed the submitted materials and provides the following comments: Site Plan 1. Use the existing driveway curb cut located east of the proposed new driveway for main access onto South 336`" Street. This driveway was designed and constructed to accommodate the anticipated/ proposed development and meets current standards. Any deviation would require approval from the Public Works director. 2. The sidewalk on the "interim road — B-B" should be placed on the west side and on the north side for the East-West "interim road" connecting to SR 99 and shall also include streetlights. 3. Provide radius for the East-West "interim road" connecting to SR 99. 4. The traffic impact fee payment is estimated at $453,450. Please note, the impact fees will be calculated based on the impact fee schedule in effect at the time a completed building permit application is filed and paid prior to permit issuance. Recommend incorporating traffic calming devices within the private road to reduce potential speeding and cut -through traffic. SEPA Checklist 14 (d) — Revise to include the interim roads east of the site for second access. 14 (g) — Revise to include traffic impact fee payment. Waste Management (Rob Van Orsow, 253-835-2770, rob.vanorsow@cityoffederalway.com) Solid Waste & Recycling Capacity Analysis for DevCo Proposals The attached spreadsheet shows recycling space allocation requirements for three proposed projects: Park 16, Highpoint, and Kitts. Based on measurements from what appear to be the most current plans, two of the complexes (Highpoint and Kitts) do not meet code. Highpoint is about 250 square feet below code and Kitts is about 175 square feet below code. File 13-104418-00-UP Doe. LD. 64624 Mr. Matt Hough Page 11 December 20, 2013 General Comments These general comments apply to all three complexes, followed by some specific comments for individual complexes: 1. City assistance is available to help encourage residents and managers to maximize recycling. Please contact the city at 253-835-2770 for details. 2. Designs that restrict the number of garbage enclosures at each complex will result in inconvenience for residents and maintenance staff. The city is concerned that the limited disposal capacity will encourage illegal dumping into the nearby open space, ongoing in -unit storage of excess garbage, or ongoing storage of bagged refuse on decks or in walkways. This would lead to unsanitary conditions and code enforcement. Such limited access to garbage enclosures is considered experimental by the city. If code enforcement is required due to unsanitary solid waste conditions on site, property managers will be required to institute `valet' type garbage service, where bagged garbage is collected at each unit's front door at least weekly. The property manager must recover any related costs for this service, most likely by passing it to residents. Bagged set -out amount limits and/or fees could be based on number of bedrooms per unit or other criteria. 3. Designs show covered areas for compactors and some recycling areas. Drainage from these pads must be conveyed to sanitary sewer, and not surface water. Kitts Add about 175 square feet of enclosure area for storing recycling in a manner accessible by solid waste collection vehicles, keeping in mind the attached development guidelines. Lakehaven Utility District (Brian Asbury, 253-946-5407, basbury@lakehaven.org) The previous Lakehaven Developer PreDesign project (6307008) associated with the subject application/project and underlying property was terminated in 2001 due to lack of project activity and prior to application for/execution of a formal Lakehaven Developer Extension Agreement and project. Therefore, a Developer Extension Agreement will be required to extend and/or construct mainline water distribution and sanitary sewer facilities to serve the site. Additional detail and/or design requirements can be obtained from Lakehaven by completing and (re)submitting a separate application to Lakehaven for a Developer Extension Agreement. Lakehaven continues to encourage owners/developers/applicants to apply for Lakehaven processes separately to Lakehaven early in the pre-design/planning phase to avoid delays in overall project development. Generally, water and sewer system facilities (mains) will route in roadways, with water system facility connections to existing systems in South 336 h Street, Pacific Highway South, and/or South 340'h Street (if the latter has been constructed by adjacent development; otherwise, this extend -to -far -edge connection requirement would be a temporary dead-end main). Number and location of new fire hydrants for the development will be coordinated with South King Fire and Rescue. South King Fire & Rescue (Chris Ingham, 253-946-7244. chris.ingbam@southkingfire.org) The east/west road that parallels South 336 h has dead ends without an approved turnaround. Also, please verify that the connection from the site to Pacific Highway South can support fire apparatus. File 13-104418-00-UP Doc ID 64624 Mr. Matt Hough Page 12 December 20, 2013 Fire apparatus access roads shall be provided when any portion of the facility, or any portion of an exterior wall of the fast story of the building, is located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building or facility. EXCEPTION: When buildings are completely protected with an approved automatic fire sprinkler system the distance can be increase 20 percent. Fire apparatus access roads: 1) Shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. 2) Shall be designed and maintained to support the imposed load of a 75,000 pound fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities. 3) Shall be not less than a 32 foot inside turning radius and not less than a 40 foot outside turning radius. 4) A dead-end in excess of 150 feet in length shall be provided with a cul-de-sac, or if the building is equipped with fire sprinklers, a fire department approved alternative at the dead end. All such cul-de- sacs shall be not less than 80 feet in diameter. 5) Gradient shall not exceed 12 percent. APPLICATION STATUS The review period for the Use Process application has stopped and the application is on hold until requested items are resubmitted. When resubmitting requested information, please provide a written response to each of the above -referenced items, four copies of corrected reports, and six copies of corrected full size plans with the enclosed resubmittal form. Pursuant to FWRC 19.15.050, if an applicant fails to provide additional information to the city within 180 days of being notified that such information is requested, the application shall be deemed void. The FWRC can be reviewed in its entirety at hM://www.codepublishing.com/walfederalwav/. If you have any questions regarding this letter or your development project, please contact me at im.harri .,cjtXoffederalmjy.com, or other representative listed above as appropriate. Si erely, Ji Harris Contract Planner enc: CPTED Checklist Process IV Handout Master Plan Findings of Approval c- Ann Dower, Senior Engineering Plans Reviewer Rob Van Orsow, Solid Waste and Recycling Manager Chris Ingham, South King Fire and Rescue Resubmittal Handout Development Plan Master Plan Findings Sarady Long, Senior Transportation Planning Engineer Brian Asbury, Lakehaven Utility District File 13-104418-00-UP Doc, I.D. 64624 l Kitts Corner Multifamily 9iA3 9G14 4GRs 026 ' ` ❑ U15U 9034 Or 9019 0160 � 9124 03 Celebration Park 9138 §U6r 1 0200 4049 9031 9100 0240 S 33MD ST 0250 A38 .0290 9 ' 0130 9020 y 0081 0085 ¢I x 0045 5 0055 9026 / S 339RG ST 0U86 I 006U Z 0030 c 3 va 9047 0025 0076 3 9112 0102 010t J 0100 a 0010 A" U35 Aifl3 U9n�; { a AOrfl S;i✓�FH !;T { t 0096 0100 10106 Ts 0190 u03f f 0205 9070 I 9002 yU1T g'tG9 E r 0270 UiRO 0180 j r 4G0R .0210 _ vf19 S r' ' 9GO i 9G�2 0170 � 4U58 —Feder POPP Al2A. �y900 4t2R 4041 4040 9034 'Ui65 Ai250110 r t(11``kE IrrlFf.� A9U45�.1 r40fi3 S 340TF4 5T 9URB tip 9I0r-_6� 1 S 341ST PL 91s7 0020 4060 9033 4168 9053 9137 9017 �9UU? 9167 S343RD ST on2l 9050 0080 9170 9172 9093 §URd 9071 90951 9121 9073 9U89 9Ui8 S 3"TH ST 9056 9082 9109 D037 9i54 §1;4 0050 9122 91U6,r j UGRU 916U ua9B 9176 i 9173 9175 9 W 0005 9U10 H OU9D w 9064 0065 Dulls II j 9025 4055 r JlyLy". 0045 4012 9065 i. p OU15 9166 � 9133 91Rs S :�BiH Sig 9021 0115 4077 9078 JCI 20BOXm4p County i 9740 9042 0 75Sft COMMENTS: 300 ft property buffer for Kitts Corner MF The Infdrmattan included on this map has been complled by King County staff from a variety of sources and is autoct to change without notice. King County makes no represenlallons or warranties, express or Implied, as to accuracy, completanese. Ifineliness, or th u�¢ iprrnat on. This document is not intended for use as a survey product: King County shall not be liable for arty general, special,- r ird9pla Sequenldal damages including, but not limited to, lost revenues orlost profits tesu! ing from the use or misuse of the infonnaa -Arty sale of King County this map or lntormaGon on this map Is prohibited except by written permission of King County, L9 Date: 9/9/2013 Source: King County iMAP -Property Information {hltp:lhwww.metrcka.govlGWiMAP) G CIS f 1 Highlighted Feature Selected Parcels The Buffer County Boundary x Mountain Peaks Highways Forest Production District Boundary Agricultural Production ' District Boundary Urban Growth Area Line J Incorporated Area Streets Highway Arterials Local Lakes and Large Rivers / Streams Tribal Lands Kitts Corner Multifamily Legend Parcels ❑ Parks Unincorporated KC Zoning A•10 - Agricu hural, one DU par 10 acres f� A•35 - Agricultural, one D U ,per 35 acres El F Forst M • Mineral RA=2.5 - Rural Area, one D U ;per 5 acres RA-5, Rural Area, one DU per 5 acres FRAA0 : Rural Area, one D U ,par 10 acres U R - Urban Resernn one Duper 5 acres RA - Residential, one D U per acre R-4 , Residential, 4 D U per acre RA - Residential, 8 D U .per acre R-8 - Residential, 8 D U per acre RA2 - Residential,12 D U per acre R-18 - ,Residential,18 D U per acre I�f R•24 - Residential, 24 D U per ,acre I —I R�48 - Residential, 49 D U per acre �J (cant) NB - iNeighborhood Business U CB •Coarumunity Business RB , Regional Business F 0.Office 1- lndustrul LJ ■ Other The Information included on this map has bean campilad by King County staff from a variety of sources and Is subject to change without notice, zing County makes no representations or warranties, express or Implied, as to accuracy, completeness, Umellness, or rights to the use of such information, This document is nut intended for use as a survey prpdu� King County shall not be liable for any general, special, indirect, incidental, or consequential s damages including, bul not limited to, lost revenues or last profds reselling from the use or misuse r3f Use Information contained on this map. Any Bela of King County this mep or information on this map Is prahlbilod except by wriEtan permlasion of King County. Date: 9/9/2013 Source: King County !MAP - Property Information (hllp11wo w.metmkc.goY1GISfiMAP) CITY OF . Federal March 21, 2014 CITY HALL 33325 8th Avenue South FederaWay l Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com Donald Hurter WSDOT Northwest Region 15700 Dayton Avenue North, NB82-240 PO Box 331310 Seattle, WA 98133-9710 RE: File #13-104419-00-SE; RESPONSE To SEPA COMMENTS Kitts Corner Multi -Family, Federal Way Dear Mr. Hurter: This correspondence is in response to your March 19, 2014, SEPA comments regarding the proposed Kitts Comer Multi -Family proposal near South 336`" Street and Pacific Highway South. I have enclosed a copy of the February 6, 2014, Preliminary Technical Information Report (TIR), prepared by CPH Consultants. If you need further information from City staff regarding the TIR please contact Ann Dower, Senior Engineering Plans Reviewer, at 253-835-2732 or Ann-Dower@cilyoffederalway.com. I have asked staff from the City's Traffic Division to respond to you by e-mail regarding the City's traffic review process for this proposal. Sarady Long in the Public Works Traffic Division is the staff contact regarding traffic for this proposal. Let me know if you have any further questions. Sincerely, r Q� Jim Harris Contract Planner enc: CPH - Preliminary TIR Kitts Comer Multi -Family, February 6, 2014 c: Isaac Conlen, Planning Manager Ann Dower, Senior Engineering Plans Reviewer Sarady Long, Senior Traffic Engineer CPH Consultants - Matt Hough, 733 7`h Avenue, Suite 100, Kirkland, WA 98033 Doc. I.D 65254 MEMORANDUM DATE: February 7, 2013 TO: Matt Hough, PE CPH Consultants CC: Jack Hunden DevCo, Inc. FROM: Michael Read, PE, Principal TENW SUBJECT: Kitts Corner Multifamily- Public School Access TENW Transportation Engineering NorthWest '= s ESUEINII1-"El. FEB 0 7 2014 07 OF FEDERAL WAY This memorandum summarizes public school access for the proposed Kitts Corner Multifamily development in Federal Way, WA, and identifies both primary and secondary walk routes to neighborhood bus stops. The subject property is served by the Federal Way School District No 210. Within the southern portion of the district area, the school boundary is served by Panther Lake Elementary School southwest of the site, Illahee Intermediate School southwest of the site, and Todd Beamer High School south of the site. This particular school area is generally bounded by S 3201h Street to the north, 10th Avenue SW and SW 344th Street to the west, SR 167 to the east, and the Federal Way city limits to the south. Walking distances to each of the neighborhood schools that serve the project site include: ➢ Panther Lake Elementary School - approximately 1.1 miles away ➢ Illahee Intermediate School - approximately 2.1 miles away ➢ Todd Beamer High School - approximately 1.7 miles away As each of these schools is greater than 1.0 mile walking distance from the property, Washington State provides local school districts funding for transportation to the Federal Way School District. Thus, primary walk routes and street crossing treatments were reviewed to existing or future bus stop locations. School Access to Bus Stops for Todd Beamer High School/llahee Middle School Based on TENW's review of existing school bus routes that serve the neighborhood designated middle and high schools, school bus routes that serve the Pacific Highway S corridor but do not currently stop in the immediate site vicinity would be appropriate candidates to access for the proposed Kitts Corner Multifamily site. Bus Route #17 (that serves the Todd Beamer High School) and Bus Route #9 for the Illahee Middle School were identified as the best candidates. Given the recently constructed new school bus facility for Federal Way School just to the north of the site, many bus routes begin and end within the immediate site vicinity. As these two routes currently serve the Pacific Highway S (SR 99) corridor, it is recommended that a new bus stop along the Federal Way Village site frontage be instituted to serve the Kitts Corner Multifamily site. Transportation Planning I Design I Traffic Impact & Operations PO Box 65254, Seattle, WA 98155 1 Office (206) 361-7333 Kitts —mer Multifamily- Public School Access Based on a school bus stop being placed on Pacific Highway S south of S 336th Street, two pedestrian walk routes exist between the proposed Kitts Corner development and this new School Bus Stop location. The primary walk route follows S 336th Street, with a controlled crossing of SR 99 (Pacific Highway S) at a signalized intersection (if needed). A secondary walk route consists of the proposed neighborhood street that would connect from the proposed Kitts Corner Multifamily site directly onto Pacific Highway S (SR 99). The secondary walk route would also provide controlled crossings (if needed for school dismissals) of SR 99. These walk routes include: ➢ The primary route begins on S 336th Street, which contains an 8 foot sidewalk on its southern side and a 5 foot sidewalk on its northern side. Each sidewalk is divided from the roadway by 4 foot wide grass patches. S 336th Street is a 55 foot wide channelized arterial with two lanes in each direction and a center dual turn lane. The only potential crossing roadway crossing that may be required, is controlled by a signal on Pacific Highway S to serve the return bus trip home after school on the east side of Pacific Highway S. ➢ The secondary route begins would begin from the southern portion of the site through the future Federal Way Village site directly to Pacific Highway S via the project -constructed two-lane road with a 6 foot sidewalk. School Access to Panther Lake Elementary School Bus Stop Existing school bus routes that serve the neighborhood designated elementary school all have routes that begin and end northwest of the proposed Kitts Corner Multifamily site. After analyzing the three Panther Lake Elementary School bus routes and the location of bus storage facilities, it was concluded that bus route #3 could most easily be extended east to the project site. This proposed route modification would then loop back around to Panther Lake Elementary School via the signalized intersection of 13th Place S and S 336th Street. The bus stop for both arrival/dismissal school transfers would be located on the south side of S 336th Street along the site frontage. The abandoned curb cut along the S 336th Street site frontage could be utilized as a bus dwell zone for elementary transfer operations, although curbside pick-up/drop-off along the arterial would also meet standards. Safe walk routes to this proposed bus stop would be internal to the site and then via the existing 8 foot sidewalk along the south side of S 336th Street. Attachment A outlines designated pedestrian walking routes and crossing treatments for access to the recommended school bus stop on Pacific Highway S for the Todd Beamer High School/Illahee Middle School routes and the recommended bus stop on S 336th Street for the Panther Lake Elementary School. If you have any questions regarding information presented in this memo, please contact me at (206) 361- 7333 x 101 or mikeread@tenw.corn. T E N W Page February 12 Kitts Corner Multifamily- Public School Access Attachment A Walk Routes to Recommended School Bus Stops February 7, 2014 TENW Page ~1 Kitts Corner Multifamily- Public School Access CO a� ProeCt A Panther Lake C- Elementary School Q. DA S 348th St lllahea Mldtlle st^haol 9 11(Not to Scale) Transportation ring%9 Engineering Northwest S 324th St a� 99 ? 4- �o Todd Beamer High School Figure 1 School Access Routes W1 Legend Primary RouteA Secondary Route Signal Crosswalk Q New Bus Stop Kitts Corner Multifamily Federay Way,WA :pool Access Analy. S .0 N d U C v E E V v al m a� } Q 0 Iz ffj J Q LL Ln � 4 OQ CD_�� O } 3 a> 2 lC� f4 cm h! r C ` > wv o < N � Ze � V1 W ov w cc 3 w _ Ln r LM L]' i� C7 C7y C"7 ay O g iy O W w X s Ef•.� v4 r sh r � ? -co C� 0 a)-6 41 C -ru p F— E i {+I :25N C O W H N r CID a as a m z r N Q • •o a6 a O : C Q C � 4y 46 O CR {h L: C 3 N y 1 'in -CS 'A C C Vi V Q i� co m {1J co -E� 1 C O X 5 C D 0 O O O 0 p s i O - 1— it a: a:W r v Co a w a w a w g 3 m m m di l N t Cl) ■ N c 0 a 7 'C C3 S Li 0 iA w CL W C] CC CL J 2 F d a m Q c cm cue ao ® LUU LLJ LL U ' 1pIhPl5 �I LO � a c ra c4 m a �rM ti L)v t E C e_ m 181hpF5 � o `o S. a E N ■ U C Ag a E E o U a ao � F s = Q ■ �. 41 n ti Q to N C O 8 • o 8 � a v E wir c o _ a .. o o d a c a SA a Q. 0 LO v m CD 0 � Y+ 0 Op O S�'Y r 0 Qc N4 �R a CD 0 N N CD O O - M 0 N M N LO P7 S9 N Cj Vf m pp r N O L Cl)! r GF9 Sf cai Ec — cwi Ec W ,� a N Ton N 00 CD a0 a Eo CD o U a0 d E4 W 0 N c .- U Y CD C U as C w m C Y .. S7p Y C Cn C r C O cc� •N c Yi IO v ram-. O O = O_ .. N O 'a°' oN = O C v� O qc a �a [L 'a°'Sj U� c m 0 a U� L. c —� m 0 woo a E� to a «u Wap E @ Q0 8c coao- 00 oc cow Ea '�—+'� �ll 4 7 HU 7 QU6 � FU 27 QU?_S _� w m �5 w m c7 0 Kitts Corner Attachment X - Apartment Site Parking Surveys Property Name Cedar Ridqe Creston Point Discovery Heiqhts District Eastwood Square Heatherwood Mill Pointe Park Place Seasons at Lea Hill Stonebrook Willow Tree Grove FEB 0 7 2014 City # Units # Bedrooms Per Ur t"�` T ype Auburn 48 2 16 3 21 4 11 Seattle 476 1 131 2 135 3 100 4 110 360 1 94 —Issaquah 2 153 3 113 Bothell 228 1 20 2 84 3 72 4 40 5 12 Bellevue 48 2 34 3 14 Mill Creek 266 1 83 2 84 3 52 4 47 Everett 193 1 61 2 69 3 63 Kent 51 2 16 3 23 4 12 Auburn 332 studio 4 1 98 2 114 3 68 4 48 Renton 196 1 58 2 60 3 42 4 36 Bothell 181 2 72 3 46 4 63 Built Puget Sound Properties (Average 4/5 Bedroom Composition of Total Site Units) Surveyed Sites from Parking Studies (Average 4/5 Bedroom Composition of Total Units) Source: HNN Properities, February 2014. 4/5 Bedroom Composition 23% 23% 23% 18% 24% 14% 18% 35% 22% 19% Y C fA x d Q O (U C o d U E a>i p is T Q m c � o '-W rn c 'E a� E o Z U NNd LJ� O N d 4a U) E 0 ya V o d o 0 O o 0 c o 0 O o O 0 O o CD 0 O o 0 o M 0 O o O 1` 0 O o N� o t- �} ^ M M C. p m O o N m e m o O m o N m ti\ M o M O o (O M N\ ('M L O o O fO \ M\ O o V M CC) O CO i0 CO o . ` O L O a0 r CO CO N C0 O I� oD N O M O ti M CO O d' O CO w st O CY Co e- r N ti N O w O N O M 00 V tb CO O O �Y M•'- a m a c c o z c a c m M c c -.c a; m m�� N 2 Y L m E M o O m m N co 0) to (b p j _0 a o O a) m a) U 7 Cli m m 0 E O Y U U V m Cn E 7- `, CO ?� Y U U = N _ _ w Y Y O O E c N Q N io J N W Q W J >O co i W > m O C W j C W 'a ? Z m C fA Y Y O CA > C Lj fn z 0) COY a) C m Y m U cr;m Cli m CU Y CO Y CD Co > 0_ m L_ Y N� N a) d N Y _� N CU N > N N N a- U N U L M a) CL a) p 3 Q �c O Cn N `) U L M � a). Z71 � W J L U U L a) 3 J W co N N Y L i m rn (� _ L Ca N m J N m a) > C%jC _ L M CU N m c — N Q¢ Q ¢¢¢ N p CV MO co r V O Z Cn N 07 N M N M N N O N N i M N N N N O U)M N CO O > N O N N O O M N M a) N V Q V Q (M M U) r O U O) C O T CO O O O C0 O M O CA O O CO O M m O O O N O O 0 co ^ O V O d' Cn Cn 1\ p (O V O O O O O O O MCO r O O Cq M O W Cl) (A N O O O C^D ` C N r O T N aD r M r �t O r r CO r CO r LO e- N r (V r O r r CO r Cf) r 0 e: m " m m .. CL ,+m+ I� O W M O CO M CO N m Ih ~ O OD LO M O O N co M CO N 0) C ti N CLO O Cl)N N M Cl m N O N Cl) V M Cl) a) N O N O N O N O N O CO O M M _M N O N O N CD N O N O O O O O M M co _ O O O m O N O N O N O N O N O CV O N O N O N O N O N O N N N N N N N ` m m m m m a)a) a) a) f5 Cl a) Q U) U) U) 3 2 2 2 2 o U) U) N rn U) O C C .0 > W C O N C _ to _ A a) >' CDa C (D m C y EL C `� -0 O >m C m (U m a O �l C m > K a) m 0_ �' .N N c o N a) d c N > >a) Q> d N O 00 a) a� a�i c m > a) a ...V-- Q d O 3 L O N a) m T Y "O '� .m u) w d �' "_' O O N Cn -0 m C1 0 m L ..Lm-� C _ m N 2 N U L m �� L � c o — m a= a) a L N a� 0- o a = o �- o (wd 00:6 - wd 00:9) 6uivan3 ABP)iBGM )Ieed (we OO:L - We 00:9) 6uiulOw pua)IaaM Mead m rn mm a, m r 0 a U ui l6 N U t N m m v c M 0 N O !6 c 41 0 O U U J J Y N a7 0 0 z rn c m c c w c 0 .IT O a 0 C 16 H Solid Waste & Recycling Capacity Analysis for DevCo Proposals The attached spreadsheet shows recycling space allocation requirements for 3 proposed projects: Park 16, Highpoint, and Kitts. Based on measurements from what appear to be the most current plans, two of the complexes (Highpoint and Kitts) do not meet code. Highpoint is about 250 square feet below code and Kitts about 175 square feet below code. General Comments: Here are general comments that apply to all three complexes, followed by some specific comments for individual complexes 1. City assistance is available to help encourage residents and managers to maximize recycling. Please contact the City at 253.835.2770 for details. 2. Designs that restrict the number of garbage enclosures at each complex will result in inconvenience for residents and maintenance staff. The City is concerned that the limited disposal capacity will encourage illegal dumping into nearby open space, ongoing in -unit storage of excess garbage, or ongoing storage of bagged refuse on decks or in walkways. This would lead to unsanitary conditions and code enforcement. Such limited access to garbage enclosures is considered experimental by the City. If code enforcement is required due to unsanitary solid waste conditions on site, property managers will be required to institute 'valet' type garbage service, where bagged garbage is collected at each unit's front door at least weekly. The property manager must recover any related costs for this service, most likely by passing it to residents. Bagged set -out amount limits and/or fees could be based on number of bedrooms per unit or other criteria. 3. Designs show covered areas for compactors and some recycling areas. Drainage from these pads must be conveyed to sanitary sewer, and not surface water. Highpoint 1. Maintain at least two separate enclosures for garbage/recycling services since this is a mixed -use site. 2. Add about 250 square feet of enclosure area for storing recycling in a manner accessible by solid waste collection vehicles, keeping in mind the attached development guidelines. Park 16 1. Even though recycling storage space is provided above code requirements, these 3 locations will provide enhanced convenience for residents to recycle. The property manager is encouraged to maintain strong outreach to residents to encourage and maintain recycling diversion. The City has resources available to assist with resident participation in on -site recycling. 2. Make gate openings wider at recycling site #2 — at least 6 feet. Kitts 1. Add about 175 square feet of enclosure area for storing recycling in a manner accessible by solid waste collection vehicles, keeping in mind the attached development guidelines. k:\swr\planning$regs\devco 3 mf text.docx Apt units sq ft./unit required Rec #1 Rec #2 Rec #3 Total Sq Ft difference Comm sq.ft 3 sq ft /1000 (minimum 65: DevCo projects - Space Allocation for Recycling park 16 hi-pt kitts 293 308 218 1.5 1.5 1.5 439.5 462 327 245 200 245 690 280 150 -250.5 182 177 (over) (under) (under) 18000+ 65 Additional Space Required In/a 247 177 65 min) City of Federal Way — Development Services Design Guidelines Solid Waste & Recycling Design Considerations 1. Solid waste and recycling design considerations for commercial or multi -unit residential housing include: ■ Adequate space allocation for interior and exterior garbage, recycling, food waste, waste oil, yard debris, hazardous waste, or biohazard collection containers. Minimum recycling space allocation is established by FWCC 19.125.150 (attached). • For basic solid waste and recycling needs within a single enclosure, clear interior dimensions measuring 10' deep by 20' across are recommended, along with a two -door swing -open or roll -open gate that spans the front width of the enclosure. When gate doors are opened, no structure or hardware should remain above grade across the enclosure opening. Gate pins/holes are preferred for holding gates in closed and open positions to ease service access and maximize the life of gate hardware. • Sites may require a larger enclosure, or multiple enclosures, to accommodate on - site user access and/or additional waste types and containers. • Plan for user access to interior waste and recycling storage areas/containers, and convenient access to exterior containers screened by enclosure(s). • Plan for unobstructed, safe enclosure ingress and egress for service vehicles, preferably in -line with enclosure openings. Allow appropriate turning radii for service vehicles, and minimize potential `blind spots' during ingress and egress. • Consider landscaping, setbacks and screening requirements, based on FWCC Section 19.125.040 (4) & (5) (attached). • Note that larger -scale commercial or multi -unit housing developments may see long-term savings from the use of on -site waste compaction equipment. Planning for this equipment may require larger enclosure dimensions, defined overhead clearances, consideration of power utility access, and drainage management. • Mixed -use developments may also benefit from on -site waste compaction equipment. Additional mixed -use development considerations include: 1. Designated chutes and/or internal facility maintenance areas or services for tenants, 2. Moving waste and recycling streams from interior units to collection areas, and 3. Access by business tenants and/or residents to exterior waste and recycling areas. Help with many design parameters related to service access is available via the City's contracted solid waste services provider, Waste Management — South Sound. Please contact: John Davis — Senior Route Manager at 206.786.4530 (cell) Or contact: City of Federal Way Public Works Dept. - Solid Waste & Recycling Division Rob Van Orsow, 253-835-2770, rob. vanorsow r cit ofederalway. com Updated 5/09 (over) Federal Way City Code Excerpts 19.125.150 Garbage and recycling receptacles — Placement and screening (1) Storage area. Storage areas for garbage and recycling receptacles for material generated on site shall be required to be incorporated into the designs for multifamily, commercial and institutional buildings constructed after January 1, 1993. (2) Exemptions. The following structures are exempt from the requirements of this section: (a) Multifamily dwellings that will unit. be served by curbside collection at each (b) Storage receptacles for detached dwelling units, parks or construction sites. (c) Structural alterations or increases in gross floor area to existing nonconforming structures which do not meet the threshold levels described in Chapter 19.30 FWRC. (3) Storage area defined. Storage areas shall include the areas containing receptacles served by collection equipment and may also include interim on -site storage areas used to aggregate material prior to delivering it to the collection storage area. (4) Location. Except as specified in subsection (b) of this section, garbage and recycling receptacles, including underground facilities: (a) May not be located in required yards; (b) May not be located in buffer areas required by or under this Code; and (c) Must be screened according to FWRC 19.125.010 et al. (5) Security and accessibility. The following provision shall apply to all recyclable storage areas which contain receptacles served by commercial collection equipment. (a) The storage area for recycling receptacles shall be located adjacent to the garbage storage area. The enclosures shall be easily accessible to users occupying the site. If the space is located within a structure, collection equipment must have an adequate vertical clearance and an adequate turning radius to ensure access and ease of ingress and egress. (b) Storage areas shall not interfere with the primary use of the site. The area shall be located so that collection of materials by trucks shall interfere with pedestrian or vehicular movement to the minimum extent possible. The storage area shall not be located in areas incompatible with noise, odor and increased pedestrian and vehicle traffic. (6) Design guidelines; general. The following provisions shall apply to all storage area designs: (a) Design and architectural compatibility. The design of the storage area should be consistent with the architectural design of the primary structure(s) on the site. Storage areas shall be built on a flat and level area of a minimum of 50 feet from and at the same grade as the truck access area. (b) Enclosure and landscaping. All outdoor trash enclosures for garbage and recycling receptacles shall be screened according to FWRC 19.12.3-0 0(4) and (5). Gate openings should be at least 12 feet wide if garbage and/or recycling drop boxes are used. In all other cases, gates shall be of sufficient width to allow access by recycling collectors and equipment. The landscaping shall be designed so as not to impede access to the storage area. (c) Signage. Enclosure signs should be in conformance with Chapter 19.140 FWRC and shall not exceed two square feet per sign face. The containers for recycling and garbage should be identified using clearly visible signs. (d) Weather protection. Storage containers shall be protected from weather damage by using containers that are largely weather-proof or by covering the storage area. Roofed storage areas must be accessible to haulers and collection equipment. (7) Space requirements. The following minimum space requirements for recycling storage areas shall be incorporated into the design of all buildings: (a) Multifamily: 1.5 square feet per unit, with a minimum of 65 square feet. (b) General commercial: Three square feet of storage space, with a maximum of 1,000 square feet, for every 1,000 square feet gross floor area, with a minimum of 65 square feet. (c) Retail: Five square feet of storage space, with a maximum of 1,000 square feet, for every 1,000 square feet gross floor area, with a minimum of 65 square feet. (d) Educational and institutional: Two square feet of storage space, with a maximum of 1,000 square feet, for every 1,000 square feet gross floor area, with a minimum of 65 square feet. (Ord. No. 93-170, § 5, 4-20-93; Ord. No. 92-158, § 3, 12-15-92; Ord. No. 90-43, § 2(115.45), 2-27-90. Code 2001 § 22-949.) Cross reference: Solid waste, FWRC Title 11, Division II. 19.125.040 General landscaping requirements — All zones (excerpt) (4) All trash enclosures shall be screened from abutting properties and/or public rights -of -way by a 100 percent sight -obscuring fence or wall and appropriate landscape screen. (5) Type III landscaping, defined in FWRC 19.125__050(3), shall be placed outside of sight -obscuring fences abutting public rights -of -way and/or easements unless determined by the director of community development that such arrangement would be detrimental to the stated purpose of this article. CPIH CONSULTANTS February 7, 2014 RESUBMITTED FEB 0 7 2014 Mr. Jim Harris Contract Planner CITY OF FEDERA►- WAY GDS City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 RE: Kitts Corner Multifamily — CPH Project No. 0024-12-017 City Files # 13-104418-00-UP and # 13-104419-SE Responses to Technical Review Comments Site Planning Civil Engineering Project Management Land Development Consulting Mr. Harris, This letter and the following enclosed information comprise the re -submittal for the Process III Master Land Use (MLU) Application package for the Kitts Corner Multifamily project: 1 — Re -submittal Form — Additional copy of this response letter 6 — Updated Preliminary Civil Site Plans (CPH Consultants, February 6, 201 A) 6 — Updated Preliminary Landscape Plans (Talasaea Consultants, February 6, 2014) 6 — Architectural Site Plan, 50-scale (Ross Deckman + Associates, February 6, 201 A) 6 — Architectural Site Plan, 20-scale (Ross Deckman + Associates, February 6, 2014) 6 — Architectural Building Elevations (Ross Deckman + Associates, February 6, 2014) 6 — Architectural Floor Plans (Ross Deckman + Associates, February 6, 2014) 4 — Preliminary Impacts and Mitigation Assessment for Proposed Wetland Intrusions (Talasaea Consultants, February 6, 2014) 4 — Play Area Supplemental Design Information (Talasaea Consultants, February 6, 2014) 4 — CPTED Checklist (February 6, 2014) 7 — Revised SEPA Checklist (February 6, 2014) 3 —Technical Information Report (CPH Consultants, February 6, 2014) 3 — DRAFT Transportation Demand Management Plan (TENW, February 6, 2014) 3 — Federal Way School District School Access Analysis, Attachment W 3 — Apartment Site Parking Surveys, Attachment X 3 — Right Size Parking Analysis, Attachment Y 1 — Settlement Agreement and Covenant These documents have been updated or otherwise prepared in response to the comments provided in your December 20, 2013 letter. Specific responses to the City's review comments are as follows: 733 7th Avenue, Suite 100 - Kirkland, WA 98033 - Phone: (425) 285-2390 , Fax: (425) 285-2389 www.cphconsultants.com Kitts Corner Multifamily February 7, 2014 Response to Request for Additional Information Page 2 of 18 CPH No. 0024-12-017 TECHNICAL COMMENTS: TECHNICAL COMMENTS Unless otherwise noted, the following comments provided by staff reviewing your project must be addressed prior to issuing the administrative site plan decision. Please direct questions regarding any of the technical comments to the appropriate staff representative. CPTED Checklist — The city's Crime Prevention Through Environmental Design (CPTED) checklist was not submitted with the Master Land Use application. Please submit four copies of the completed checklist. Response: A completed CPTED checklist for the project is included with this re -submittal. 2. Scale — As indicated on the Process III development submittal checklist, please provide a site plan in 1" = 20' scale. We prefer to have both the 1" = 20' scale and 1" = 50' site plans to conduct the SEPA and Process III review. Response: We have provided the correct scaled plans as requested 3. Stormwater Detention Separation — One of the findings necessary for Process III approval in Federal Way Revised Code (FWRC) 19.65.100 is a finding that the proposal provides for the public health, safety, and welfare. City staff is concerned regarding the proximity of the large high -density residential area and the adjacent regional stormwater detention facility. Please identify any plans and mitigation to avoid safety hazards between humans and the stormwater detention facilities. Also, see the comments below from Public Works regarding separation of the site from the storm drainage facilities. Response: Landscaping in conjunction with a continuous fence (style to be determined) will be provided along the top perimeter of the existing storm pond to clearly delineate the limit and deter residences from entering this public drainage facility. 4. Fire Department Turn Around — South King Fire and Rescue has raised a concern that the dead end drive aisles terminating near building C and E both exceed maximum length allowed by the fire department and must both include an approved turn -around. See further fire department comments below. Response: The site plan has been revised to eliminate the dead-end parking lot at the east portion of the site. An emergency vehicle access easement on the parcel immediately adjacent to the site will allow construction of an offsite drive that will nullify the dead-end condition on the western parking lot area. 5. Wetland Intrusion — The submitted plans indicate that there will be intrusions into wetland number 2. The intrusion into the wetland 2, to connect to the sanitary sewer, is not permissible via Process III review. Pursuant to FWRC 19.175.030(4), any intrusion into the wetland requires Process IV review and approval by the Hearing Examiner. Therefore, a Process IV wetland intrusion application is required for this element as currently proposed. We understand that you are currently revising the plans to avoid this wetland impact, and Process IV is not required if this impact is avoided. Response: The sanitary sewer design has been revised to discharge to an existing manhole connection to the south to avoid direct impact to the onsite wetlands. As such, a separate Process IV review and approval is not necessary. 6. Wetland Buffer Intrusions — The site plan and October 3, 2013, Talasea Consultants Preliminary Impacts and Mitigation Assessment for Proposed Wetland Buffer Intrusions and Temporary Wetland Impacts identifies several wetland buffer intrusions including the following: buffer intrusion for the sewer line; temporary construction related impacts; stormwater dispersion trenches; soft surface trail improvements; and roadway construction on the berm and on the access road further east. The following is a discussion of the necessary review process and criteria for each of the proposed wetland buffer intrusions. • Temporary clearing and grading impacts for construction and dispersion trenches: Approximately 8,500 square feet of area are identified in the October 3, 2013, Talasea Report, plus dispersion trenches. Any of these intrusions must be avoided and/or minimized to the maximum 1 Kitts Corner Multifamily Response to Request for Additional Information CPH No. 0024-12-017 February 7, 2014 Page 3 of 18 extent possible. Please re -design the site layout so these intrusions are not necessary, or explain why this is not possible. If allowed, these intrusions will be reviewed under the existing Process III application as a minor improvement pursuant to FWRC 19.175.040(4). A mitigation and monitoring plan is required for any impacts. Response: The temporary clearing and grading impacts in the buffer have been minimized to the greatest extent practicable. However, due to the tight constraints of the developable area ❑f the site, it is not possible to completely eliminate these impacts. However, these impacts have been reduced compared with the previously submitted site plan from approximately 8,300 sf to approximately 5,260 sf. These impacts will be fully restored as described in the revised Preliminary Impacts and Mitigation Letter Report prepared by Tolosaea Consultants, dated b February 2014. A final detailed mitigation report will be prepared for the final engineering permit submittal which will include more detailed information on the proposed buffer mitigation, as well as a long term monitoring and maintenance plan meeting the requirements of the Federal Way Revised Code (FWRC). Soft surface trail: The proposed soft surface trail in the wetland buffer is also permissible via Process III review pursuant to FWRC 19.175.040(4). City staff is concerned regarding any potential impacts to this wetland that is associated with Hylebos Creek. Consider moving this recreational trail to the perimeter of wetland 1 rather than near wetland 2, to minimize impacts. Under either scenario, the mitigation report must identify potential human and domestic animal impacts, and propose mitigation and monitoring of these potential impacts. Response: The proposed soft surface trail has been reconfigured to minimize potential critical area impacts. Most of the trail has been removed from the Wetland 2/Hylebos Tributary buffer and relocated to the outer portion of the Wetland 1 buffer. The amount of Trail in the Wetland 1 buffer was maximized, but a small loop of trail was retained in the northern portion of the Wetland 2/Hylebos Tributary buffer in order to meet the necessary open space requirements. For both Wetlands 1 and 2, the portions of buffer between the trail and the buffer edge will be enhanced as described in the revised letter report. The enhancement measures should help to offset potential human and domestic animal impacts. In addition, a spfif-rail or similar fence will be installed along the inner edge of both trail loops to discourage intrusion into the wetlands, and trash receptacles will be provided at each viewpoint. The final buffer mitigation report submitted with the final engineering drawings will describe in more detail the potential human and domestic animal impacts and mitigation and monitoring for these impacts. Roadway improvements on existing constructed berm: The proposed roadway, pedestrian, and utility improvements proposed on the existing lawfully established berm are within the wetland buffer. These improvements will become a future public roadway; therefore, these improvements may be reviewed and decided upon pursuant to FWRC 19.175.040(3). Response: Although the existing berm is within the recorded wetland/stream buffer, as a constructed and maintained feature it is not currently providing any significant buffer functions. The top surface is gravel and the side slopes are mowed and maintained gross. The proposed road wilt be constructed entirely within the footprint of the existing berm, and thus should not result in any appreciable impacts or reduction in buffer functions. Wetland buffer intrusions for wetland 3 and wetland 4 near the access roadway to Pacific Highway South have previously been reviewed and approved by the Hearing Examiner for file 07-102851-00-UP; therefore, no additional review process is required for these wetland buffer impacts. Response: Acknowledged 7. On -Site Usable Open Space — The site plan needs to be revised to clearly indicate how the minimum open space standards are met as follows: a. The minimum open space requirement for multifamily development is at least 400 square feet per unit; therefore, 218 units proposed x 400 = 87,200 square feet total required. Kitts Corner Multifamily Response to Request for Additional Information CPH No. 0024-12-017 February 7, 2074 Page 4 of 18 Response: The revised site plan has reduced the number of units to 216, therefore the required open space has been reduced to 86,400 sf. b. Overall, the open space concept for this project should be revised to provide larger, more centrally -located, easily accessible, diverse, and observable spaces for use by the residents. As proposed, the open space concept does not meet minimum size requirements as discussed below. Response: The overall open space concept has been revised as part of the latest site plan revision. A larger, centrally located open space has been provided in the southern half of the site. In addition, the open spaces have been revised to provide more diverse amenities. See Sheet L3.0 of the preliminary site landscape plans for design details of each open space area. C. The open space plan counts a width of 50 feet, times the linear trail length for the soft surface trail, while the actual trail width is approximately five feet wide. Please provide written rationale supporting the use of the 59,211 square feet of trail area as common recreational open space. Please expand on the components of the trail that will provide recreational opportunities while preserving the integrity and function of the wetland buffer. This could include, but is not limited to, the following suggestions: educational signage; litter controls; benches; points of interest; etc. Response: As part of the revised site plan, more open space area has been integrated into the developed portion of the site and the amount of passive open space proposed in the buffer areas has been reduced by approximately 20,890 sf. Over 50% of the open space is now located outside of the buffer areas. See Sheet L2.0 of the preliminary landscape plans for an overview of proposed open space areas and calculations. The buffer areas between the trail and outside edge of the buffer will be enhanced with additional plantings and habitat features (see the revised preliminary critical areas impacts and mitigation letter report) to help off -site potential impacts and to enhance the enjoyment of the area for trail users. In addition, split -rail or similar fencing will be provided on the inside edge of the trails to discourage human and animal intrusion into the wetlands. Multiple viewpoints will be provided at various locations along each trail segment. The viewpoints will each have a bench, trash receptacle, and an interpretive sign that will provide educational information about the wetland and buffer habitat. The northernmost viewpoint in the Wetland 1 buffer will be a raised overlook platform that will take advantage of a break in the existing vegetation and will allow trail users to view the open water portion of Wetland 1. d. Portions of the proposed recreation center space may be counted as open space; provided, those areas are for recreational opportunities (pool, sport court, and exercise room). Portions of the building are leasing and office space, and portions of the building are recreational. The plan sheet L 3.0 shows the recreation center provides 6,943 square feet of recreation. My calculation shows the recreation building/office provides approximately 4,005 square feet of recreation area (sport court 1,400 square feet, pool area 2,165 square feet, and 2^d floor exercise room 440 square feet). Please revise calculations and update recreation plan to show the correct size of the recreation area. Response: The recreation center building and pool area have been redesigned as part of the latest site plan revision. Only the portions of the building that provide recreational opportunities are counted towards fulfilling the open space requirements. The total amount of recreation space credited for the rec building/pool area is now approximately 3,592 sf, which includes the pool area along with an indoor sport court and exercise room. See Sheet L2.0 of the preliminary landscape plans for an overview of proposed open space areas and calculations. e. The pedestrian promenade proposed at the outer portion of the wetland 1 buffer would qualify as open space. Response: Acknowledged. The promenade walk adjacent to the Wetland 1 buffer has been incorporated into the Open Space 1 area. f. As many of the units contain more than three bedrooms, there will be families with children living in this community. There needs to be functional active recreation opportunities for all age groups to meet the open space criteria set forth in FWRC 19.1 15.1 15(1). City staff recommends replacing one of the proposed tot lots with an alternate form of outdoor active recreation Kitts Corner Multifamily Response to Request for Additional Information CPH No. 0024-12-017 February 7, 2014 Page 5 of 18 activity for all ages. Examples of outdoor recreation areas could include, but are not limited to, the following: outdoor sport court; basketball court; picnic and barbeque areas; etc. Response: The overall open space design for the project has been redesigned to provide more diverse recreational opportunities for all ages. There are now three tot lots which will have equipment for a wide range of age groups, several picnic/barbeque areas, a multi -purpose lawn area designed to be large enough to accommodate sports such as volleyball or badminton, and an area for the installation of outdoor exercise equipment. See Sheet W3.0 of the preliminary landscape plans for design details of each open space area. However, it should be noted that FWRC 19.115.1 IS is stated as applying to "residential useable open space that is developed pursuant to FWRC 19.225.070 and 19.230.060". FWRC 19.225.070 governs multi -unit housing in the City Center Core zone, and FWRC 19.230.060 governs multi -unit housing in the City Center Frame zone. However, the project site is in the RM-2400 zone, which is governed by 19.205.040 and thus would not be subject to the specific criteria defined in FWRC 19.115.115. However, as described above, the revised open space areas provide a variety of amenities that we believe will meet the needs of the residents while also meeting the design intent of City Staff. g. Please provide open space in a manner that reflects the above -referenced criteria. As a supplement or revision to the October 3, 2013, Play Area Supplement Design Information Report, provide a written response to criteria FWRC 19.1 15.1 15(1)(a) through (f) detailing how these code requirements are being met. Response: See the response to comment 7f above regarding the applicability of the specific requirements of FWRC 19.1 15.115 to the project site. 8. SEPA Checklist — Please review and revise the SEPA checklist and resubmit seven revised copies of the SEPA checklist addressing the following items: Item A.10 — Please revise to include the Process IV wetland intrusion (if applicable; the wetland buffer intrusions are discussed above). Response: No change to the SEPA checklist has been made since the revised design eliminates the wetland intrusion. Item A.1 1 — Please clarify the statement regarding access to Pacific Highway South, as this would be a second access to the site and available to occupants, visitors, etc., in addition to emergency vehicles. Response: The statement for A.11 has been revised to reflect the conditions of the current site plan as well as to clarify the use of the secondary access to SR99. Item B.3.a.2 — Based on the submitted plans, significant portions of the built site will be located within 200 feet of wetlands. Several intrusions are proposed within 100 feet of the wetlands and a sewer connection is proposed within the wetland. Please revise the response. Response: This section has been updated to reflect development within 200 feet of the two onsite wetland complexes. Narrative was also added to describe the soft surface trail proposed in the outer portions of the wetland buffers. Item B.7.b.1 — Please revise to discuss existing industrial uses adjacent to the west side of the site (in the Commercial Enterprise zone) and noises that are emitted from those sites. Response: The statement has been revised to include a statement regarding the potential noise from some of the businesses adjacent CE zone. This narrative was added, but the actual potential for any notable noise from these existing facilities is known. Item B.14.a — Clarify the response in checklist that access to Pacific Highway is not just an emergency access and provides a full second access to the site. Response: The narrative for this section has been revised to clarify that the secondary access is not for emergency access only. Item B.14.c — Clarify the number of parking stalls proposed: the SEPA checklist identifies 333 stalls; the August 1, 2013, TENW report identifies 352 stalls; and the site plan lists 353 stalls. �1 Kitts Corner Multifamily Response to Request for Additional Information CPH No. 0024-12-017 February 7, 2014 Page 6 of 18 Response: The parking count has been updated to reflect the 365 parking stalls proposed with the current, revised site plan. 9. Photometric Lighting Plan —Pursuant to the CPTED checklist requirements, please submit a photometric lighting plan that meets the standards of the Illuminating Engineering Society (IES) minimum outdoor light levels. Response: It is requested that the full, detailed photometric design for the site be deferred to the building permit and/or engineering permit phase of the project. A preliminary site lighting plan has been prepared and included with this Process N — Site Plan Approval re -submittal. This preliminary plan provides sufficient detail and information on the specific lighting fixture types and locations to satisfy CPTED item 1.7 for a "...lighting plan in accordance with [IESA] standards, which addresses project lighting in a comprehensive manner." This approach/sequence of lighting design has been accepted on other recent multifamily projects in the City (e.g., Park 16). The CPTED checklist does not specify a photometric analysis at this phase of site planning/approval. 10. Building Heights — Several of the building elevations show the building height close to the maximum permissible 30-foot height limit. However, the Average Building Elevation (ABE)' was not established for the building footprints, which also results in an inaccurate height of structure2 calculation. For this large site, we will measure the building height in accordance with Director's Interpretation 12-01. In order to determine compliance with the 30-foot height limit and the Director's Interpretation 12-01, please provide the following with a resubmittal on the Process III application: ■ A color cut/fill diagram for the whole site showing the depth/height of cuts/fills on the whole site. Response: A color banding diagram showing the cut -to -fill for the proposed preliminary site grading has been prepared and is included with this Site Plan Approval re -submittal package as requested. 11. Community Design Guidelines — Building E fronting on South 3361h Street exceeds 120 feet and must comply with the following modulation and depth standard of the FWRC: FWRC 19.1 15.090(1)(p): "Building facades that exceed 120 feet in length and are visible from an adjacent residential zone, right-of-way, public park, or recreation area shall incorporate a significant structural modulation (offset). The minimum depth of the modulation shall be approximately equal to 10 percent of the total length of the subject facade and the minimum width shall be approximately twice the minimum depth. The modulation shall be integral to the building structure from base to roofline." Please revise and identify how the fa5ade complies with this standard. Response: We have revised the site and changed the size and orientation to eliminate the long buildings all facades are less than 120' 12. Community Design Guidelines — Several buildings have common egress areas to the rear of the buildings, and these egress areas do not appear to extend into walkable areas. Please clarify/revise the rear egress for the following buildings: Buildings A, B, and E: Rear egress to 20-foot-wide required perimeter landscape buffer. Response: The exit from each building is at the street facade. The size of the building and occupancy allows the ability to provide only one exit. These buildings meet the 20121BC for exiting and require one exit. Therefore, the rear landings do not need to connect to the public right of way. • Buildings C, K, M, T, and N: Rear egress at wetland buffer boundary with no apparent route of walking to the front of the buildings. Response: See above answer. 'FWRC 19.05.010 2 FWRC 19.05.080 Kitts Corner Multifamily Response to Request for Additional Information CPH No. 0024-12-017 February 7, 2014 Page 7 of 18 13. Principal Facades — Please provide a detailed color and scaled architectural drawing of a building fa5ade of one of the buildings fronting on South 336th Street. The rendering shall include landscape, retaining wall, and building elevation. Response: See revised and additional elevations for building C along South 336'h Street. 14. Building Design — FWRC 19.1 15.090(1)(q) applies at a minimum to the buildings adjacent to and facing South 336'h Street. There does not appear to be any architectural distinction between the base and middle of the facades. Please revise and implement these standards on at least the facades facing South 336"h Street. FWRC 19.1 15.0900)(q): "Buildings should be designed to have a distinct base, middle and top. The base (typically the first floor) should contain the greatest number of architectural elements such as windows, materials, details, overhangs, cornice lines, and masonry belt courses. The midsection, by comparison, may be simple. (!dote: single -story buildings have no middle.) The top should avoid the appearance of a fiat roof and include distinctive roof shapes including but not limited to pitched, vaulted or terraced, etc." Response: See elevations as provided that meet the design elements. 15. Development Plan for Village at Federal Way=The proposal is subject to the standards in the Development Plan for Village at Federal Way as adopted in the January 25, 2008, Revised Process III approval for the Federal Way Village Master Plan. The following comments pertain to compliance with the Development Plan for Village at Federal Way. ■ Please provide a written response to how the proposal complies with each of the standards in the following sections (pages) of the Development Plan for Village at Federal Way: o Page 1, Introduction o Page 10, Site Planning o Pages 30 — 37. Response: See site landscaping for the site planning requirements described on page 10. Please refer to the added sheet that describes the architectural design and treatment described on pages 30 through 37. • Some of the standards may be inapplicable or may be indicative df the previous Townhome proposal. However, the proposal is subject to the site specific standards, and all of the standards need to be adequately addressed. Through the current Process I41 approval, we will need to make findings on how each of the standards are met or are inapplicable due to the current proposal differing from the previous Townhome Plan. However, the site and current plan must comply with these site specific standards to the maximum extent possible. Response: The original design was a townhouse development. We are providing apartment designs and we have met the design and material requirements in our designs. Please see the attached building elevations. • The following four bullet points are areas that I am highlighting, as the current proposal does not meet these standards, and the proposal will need to be modified accordingly. o Pg 30 A. Bullet 3: Buildings to be less than 150 feet in length. This may apply to the building along South 336th Street. Response: The drawings have been corrected to meet this requirement. See item 11 for response. Kitts Corner Multifamily Response to Request for Additional Information CPH No. 0024-12-017 February 7, 2014 Page 8 of 18 o The proposed two story buildings that have all garages on the first floor and residential units on the second floor do not comply with several sections of the Development Plan standards as follows : a) Pg 31, Section C. Building Style: Discusses alley loading, and a variety of elevation styles. Response: We have no alleys in this design. The elevation styles and entries do vary among buildings. b) Page 34 section 3, Door Placement: Requires entry of all homes to be visible and accessible from street or public open space. Response: The buildings in question have been modified to have entries facing the main drive. c) Page 36, Garages: Bullet 3 states facades of all garages shall be set back 2 feet from the primary fagade of the house. Response: The garage facades have been redesigned to be two feet back from the primary fa;ade and are shown in the new elevations provided. o Page 34, Porch size: Porch size minimum is 6 feet by 8 feet, and minimum of 30 percent of the fa;ade length. Please verify the plans meet this standard. Response: We have changed the plans to provide entries and porches to meet this requirement. o Page 37, Parking: The Development Plan states parking will be handled via attached garage, and driveway at each home. The proposal does not resemble or comply with this standard in several areas including: number (quantity) of parking stalls, type of stalls, i.e. garages for each unit, guest parking standard. I anticipate that due to the change in the type of residential development, this standard will need to be modified; adequate findings will need to be made why the proposal does not comply, through the pending Process III review and decision. Response. We agree with your assessment. We are not providing townhomes, the apartments as designed do not have garages off the alley or the main drive isle. We have provided parking that is adequate for residents and their guests. 16. Pedestrian Connections —The internal pedestrian connections within the surface parking areas must be delineated using a variation in paved texture and color. Approved methods of delineation include stone, brick or granite pavers, exposed aggregate, or stamped and colored concrete. Please indicate the delineation method and provide additional connections. Response: Patterned cement concrete surfacing is proposed at each of the cross walks along the primary driveway and promenade crossings as shown in the enclosed plans. Two of these crossings —north and south ends of the primary driveareproposed to be raised "table tops" to serve as traffic calming features for the site. A pedestrian crossing across the drive aisle must be provided at the location of the trash enclosure. Response: The site plan has been revised to relocate the trash/waste enclosure to the southerly portion of the site. Pedestrian access to the recycling portion of this facility has been incorporated into the adjacent sidewalk. 17. Potential Noise Impacts — Please identify what measures have been taken in the site and building design to implement condition number 13 of City Council Resolution 13-641 . Condition 13 states: ". . .the residential area shall be designed to minimize reception of potential noise impacts from adjacent nonresidential uses." My main concern here is in regard to the existing manufacturing / industrial uses to the west in the Commercial Enterprise (CE) zoning district. Kitts Corner Multifamily Response to Request for Additional Information CPH No. 0024-12-017 February 7, 2014 Page 9 of 18 Response: The residential living units for the majority of the development have been oriented away from the southwesterly site area where commercial business exist adjacent to the property. The known uses in this commercial area are not expected to be incompatible with the multifamily uses in terms of typical ambient noise levels. With that, though, the perimeter landscaping and building orientations proposed are expected to limit offsite noise contributions. If additional soundproofing measures are needed for the residential buildings adjacent to the CE, then that will be determined and the appropriate design elements will be reviewed and approved at the time of building permit. No additional site features are proposed or expected to be necessary to limit offshe noise impacts on the project to conform with the applicable provisions of City Council Resolution 13,641. 18. Preliminary Landscaping Plan Review — I have conducted a review of the preliminary landscape plan for compliance with the required minimum spatial requirements of the FWRC, in order to conduct the Process III site plan review. A 20-foot-wide Type III landscape buffer is required along the South 336"' Street frontage, and all other perimeter property lines are required to be buffered with a 10- foot-wide Type III landscape strip. a. Perimeter Buffers — All of these required perimeter buffer areas are shown in the correct width, except, I am unclear on where the south property line is located. The architectural site plan and civil site plans show different south property line locations. If the south property line is further to the south as shown on the civil site plan, then indicate where the existing or proposed 10-foot- wide Type III landscaping is located. Existing vegetation on the subject property may be used to fulfill this standard if the existing vegetation provides at least a Type III visual landscape buffer. Response: The property line as shown on the civil site plan is the correct property line, which is located approximately 170 feet south of proposed Buildings M and N. The portion of the project site south of these proposed buildings is part of a stormwater detention facility and does not currently have any existing vegetation. A 10-foot-wide perimeter landscape strip is proposed directly behind buildings M and N to meet the perimeter landscape requirements along the south property line (See Sheet L 1.2 of the revised preliminary landscape plan). Perimeter landscape buffering for the east property line is provided by existing vegetation in the wetland and wetland buffer and will meet applicable FWRC requirements for perimeter landscaping. Response: Agreed. b. Parking Lot Landscape Islands — Parking lot landscape islands are shown in correct locations per FWRC 19.125.070, with the exception of one missing location at the end of parking stall row just west of open space 1. The parking area landscape calculations meet minimum code standards. Response: The parking lot configuration has been significantly revised with the latest site plan. Parking lot islands as shown in the revised parking layout should meet all minimum requirements for parking lot islands. Revised parking lot landscaping calculations are shown on the revised preliminary landscape plans. C. Overall Proposed Plantings — Each of the required landscape planting areas must include trees, shrubs, and groundcover throughout the planting bed. Detailed planting plans must be submitted with the building permit application or Engineering Plans (EN), which shows how each landscape area meets minimum planting requirements for Type I, Type II, Type III, and Type IV landscaping standards as appropriate. Response: Acknowledged. The final landscape plans prepared for the final engineering permit application will include the detailed planting information noted above. 19. Clearing, Grading, and Tree and Vegetation Protection — a. Rockeries and Retaining Walls — Please provide sections and details of proposed rockeries and retaining walls that indicate material, overall height, and landscaping. Per FWRC 19.120.120(3), rockeries and retaining walls on multifamily residential lots shall be a maximum height of six feet Kitts Corner Multifamily Response to Request for Additional Information CPH No. 0024-12-017 February 7, 20 7 4 Page 10 of 18 and there shall be a minimum of three feet of landscaped setback at the base of each rockery or retaining wall. Also, see FWRC 19.120.120(4) through (7) for additional requirements for terracing, landscaping, and material selection for rockeries and retaining walls. Response: The extent of retaining walls has been significantly reduced with the updated site plan. No rockery is currently planned for any of the perimeter landscape buffers —South 3361h or otherwise. Clearing and grading for wall or rockery construction will be limited by details and specification provided with the final engineering plans (permit to be no more than 2 feet beyond the toe face of the wall. Site retaining walls will be mechanically stabilized earth (MSE) with block facing. The block facing will be a concrete panel or block. The style and color of this facing material has not yet been selected. b. Tree Retention Standards — The Talasea Landscape plan sheet L1.0 notes that the project is understood to be vested to prior city code tree retention standards at the time of the Federal Way Village Process III approval. I have been unable to confirm this point regarding vesting to prior tree retention standards. Can you please provide me a copy of documentation of the vesting to the previous tree retention code? Response: Finding for Project Approval # 19 for the Federal Way Village project (City File No. 07- 100345-UP) acknowledges that the tree retention analysis was completed for the entire site. It stipulates that 1,586 significant trees were contained on the site and that approximately 737 of those occur and are to be retained within the Wetland I and Weflond 2 buffers. Further, and to the point of vesting, the finding states "...A minimum of 25% of the existing significant frees on the subject site must be retained, which is approximately 397 significant frees. As the number of trees proposed for retention is great than the 25 percent of the existing significant frees, no tree replacement is required for the significant frees that are to be removed." Our project has been designed to comply with the provision that no significant trees will be removed with the Wetland 1 and 2 buffers as contemplated in the original Federal Way Village master plan approval. Finding # 19 clearly states that the trees outside of the buffer may be removed without the need for further compensation. As such, an additional tree survey and further analysis to confirm compliance with current FWRC or previous tree retention standards should not be required for this project. C. Regardless of the applicable tree retention standard (current FWRC or previous code), the submitted plans propose to utilize existing trees within the wetlands and wetland buffers to fulfill applicable FWRC tree retention requirements. At this time, we do not have an inventory or count of trees existing in the wetlands and wetland buffers, and vegetation and tree density varies from uplands to wetlands and wetland buffers. Therefore, to assure compliance with the minimum tree replacement standards, please provide two, one -acre representative samples of significant trees in the exiting wetlands and/or wetland buffer of both wetland 1 and wetland 2. Response: Response: Finding for Project Approval #19 for the Federal Way Village project (City Fite No. 07-100345-UP) acknowledges that the tree retention analysis was completed for The entire site. It stipulates that 1,586 significant frees were contained on the site and that approximately 737 of those occur and are to be retained within the Wetland 1 and Wetland 2 buffers. Further, and to the point of vesting, the finding states "...A minimum of 25% of the existing significant trees on the subject site must be retained, which is approximately 397 significant frees. As the number of trees proposed for retention is great than the 25 percent of the existing significant trees, no tree replacement is required for the significant trees that are to be removed." Our project has been designed to comply with the provision that no significant trees will be removed with the Wetland I and 2 buffers as contemplated in the original Federal Way Village master plan approval. Finding # 19 clearly states that the trees outside of the buffer may be removed without the need for further compensation. As such, an additional free survey and further analysis to confirm compliance with current FWRC or previous tree retention standards should not be required for this project. Kitts Corner Multifamily Response to Request for Additional Information CPH No. 0024-12-017 February 7, 2014 Page 1 1 of 18 20. Parking Stall Count — The applicant submitted an August 1, 2013, Parking Analysis prepared by Transportation Engineering Northwest. The parking table on Sheet Al .0 indicates a total of 353 stalls, based on a proposed rate of 1.61 stalls per unit. This is lower than the minimum FWRC standard of 1.7 stalls per unit in FWRC 19.205.040. Therefore, the proposal results in a requested reduction of 17 parking stalls. No specific guest parking is provided on site and no street parking is available in the immediate vicinity. Response: The current parking count with the revised site plan is 365 spaces for 216 units. This equates to a parking ratio of 1.7 spaces per unit, which conforms to FWRC 19.205.040. a. Approximately 39 percent of the proposed units are 4 and 5 bedroom units. Provide more detailed information on unit types for the cornparables in the parking analysis (what percentage in the comparables are 4 and 5 bedroom), and also provide information on availability of on - street parking and public transportation for each comparable. Response: The proposed project now consists of 216 units with 365 on -site parking stalls. The resultant parking ratio is rounded to approximately 1.69 stalls per unit. Since completion and submittal of the August 2013 Parking Analysis for the proposed Kitts Corner Multifamily project, TENW has conducted additional parking surveys at other DevCo properties within King County that have similar markets, transit availability, and bedroomisite amenities composition. of those DevCo properties surveyed that have 415 bedroom units, the average composition was approximately 19 percent. Of all DevCo properties within the Puget Sound region, 415 bedroom composition comprises roughly 22 percent of all built units. See Attachment X with detailed summary of bedroom compositions of other DevCo properties within the Puget Sound region. Additional apartment complexes surveyed included properties in Issaquah, Seattle, and Auburn. When considering other historical parking studies at DevCo., Inc., properties, the observed average peak weekday evening utilization rate was 7.34 stalls per unit and the average peak weekend utilization rate was 1.48 stalls per unit. These parking observations include tenant, guest, and on -site employee parking demands. With the proposed supply of 1.69 stalls per unit at the Kitts Corner Multifamily project, an excess supply of 45 stalls would remain available. See Attachment X containing a summary table of parking studies conducted by TENW at similar properties developed and maintained by DevCo as well as other properties surveyed by TENW with similar property characteristics. b. To support your request for a parking stall count reduction, please complete the parking calculator for this project in the King County Metro right size parking website and provide a printed copy of the results with your re -submittal (htt www.ri htsize arkin .or ). Response: An analysis of parking supply recommendations from the King County -Metro Right Size Parking model was generated by TENW, using the proposed bedroom composition, expected rental rates, and affordable units proposed within the Kitts Corner Multifamily project. As shown in Attachment Y, a 1.43 stallsjunit parking supply is estimated by the Right Size Parking Model. This is consistent with the locally observed parking observations of all apartment complexes evaluated by TENW with similar characteristics throughout the Puget Sound Region of 1.44 stalls per unit (see Attachment X). As noted above, the proposed parking ratio of 1.69 stalls per unit exceeds the Right Size Parking Model estimate by approximately 18 percent. C. The parking study references a Transportation Demand Management (TDM) plan to reduce the reliance on vehicle use. Please submit the TDM plan for city staff review. Response: A draft Transportation Demand Management (TDM) plan has been prepared for the project and is included with this re -submittal for the City's review and comment. d. City staff recommends including implementation of weather protected bicycle parking areas at the site as a component of the parking stall count reduction request. Bicycle parking similar to the bicycle parking and secure bicycle enclosures for the Park 16 project should be implemented on revised plans. Kitts Corner Multifamily Response to Request for Additional Information CPH No. 0024-12-017 February 7, 2014 Page 12 of 18 Response: A weather protected bicycle parking facility will be provided on site The exact location and number of lockers is not yet know at this time, but will be finalized as the site plan and building design efforts continue. 21. Trash Enclosure — See the solid waste comments from Solid Waste and Recycling Manager Rob Van Orsow, below. Response: See responses to Mr. Van Orsow's comments below. 22. School Access Analysis — A school access analysis for elementary, middle, and high school is needed. Contact Tanya Noscimento at Federal Way Public Schools at 253 945-2071, or tnascime@fwps.org, for school access analysis guidelines. Response: A School Access Analysis has been completed for the project and is shown in Attachment W. 23. Affordable Housing — Pursuant to FWRC 19.1 10.010, new multifamily projects involving 25 dwelling units or more are required to provide affordable dwelling units as part of the project. At least two dwelling units, or five percent, of the total number of proposed units, whichever is greater, shall be affordable. For the proposed 218 units, a minimum of 11 units (218 x .05 = 1 1 ) must be identified and maintained as affordable housing. "Rental affordable housing" means dwelling units that are offered for rent at a rate that is affordable to those individuals and families having incomes that are 50% or below the median county income. Response: A draft Affordable Housing Covenant for the Kitts Corner project is included with this re - submittal for the City's review and comment. An agreement in a form approved by the city must be recorded with the King County Department of Elections and Records requiring affordable dwelling units that are provided under the provisions of this section to remain as affordable housing for the life of the project. This agreement shall be a covenant running with the land, binding on the assigns, heirs, and successors of the applicant. Please prepare a draft affordable housing covenant for our consideration. Response: A draft Affordable Housing Covenant for the Kitts Corner project is included with this re - submittal for the City's review and comment. Following are comments from the city's Public Works Department, South King Fire and Rescue, and Lakehaven Utility District. Each of the comments in these sections needs to be addressed for the Process III review. STORMWATER AND ENCiWEERING ANN DOWER 253.835-2732 ANN.DOWER CITYOFFEDERALWAY.COM The Public Works Department has reviewed the documents provided on October 4, 2013, and provides the following comments: Site Plan FWRC 19.65.100 is a finding that the proposal provides for the public health, safety, and welfare. In order to meet this finding, the applicant will need to provide protective barriers, such as vinyl coated chain link fence, to separate residents of the development from the highly variable stormwoter flows associated with the regional detention facility. Areas of particular concern include the perimeter of the regional detention facility, both sides of the berm road, and existing large conveyance structures. Provide a plan showing measures that will be implemented to avoid safety hazards. Response: A 4-foot high black vinyl chain link fence is proposed along the southerly perimeter of the site and across the full width of the existing berm to delineate the residential and public spaces from the off - limit portion of the pond. The enclosed Civil Site flan (sheet 9 of 10) shows the general extent of the proposed fencing. Additional installation details will be provided with the final engineering planslpermit for City review and approval. Kitts Corner Multifamily Response to Request for Additional Information CPH No. 0024-12-017 February 7, 2014 Page 13 of 18 2. Provide vinyl coated chain link fence along the top of the walls on South 336"' Street. Response: The walls have been removed from along the 3361� frontage with the revised site plan and preliminary grading design. Any onsite walls greater than 2.5-foot in height or otherwise adjacent to wetland buffer areas will be installed with a 4-foot high black vinyl coated chain link fence. The details of this installation and extent of this fence rail will be provided with the final engineering plansfpermit for City review and approval. 3. All walls, including foundations, must be located outside the wetland stream buffer easement. Response: All site retaining walls and building foundations have been located outside of the established 100-foot wetland buffer. A. The pedestrian trail must be located outside the wetland stream buffer easement. Response: If is understood that the pedestrian trail may be located within the established 100-foot wetland buffer as shown based on previous agreements and subsequent discussions with the City. 5. Verify that the ditch along the west side of the site, next to buildings N and Q, will be left intact and that the site will not contribute additional runoff to it. Response: The referenced ditch is located offsite. No grading or other development impacts are proposed or otherwise anticipated to this existing drainage facility. 6. Provide bollards on all city maintenance roadways to prevent unauthorized vehicles from entering. Response: Maintenance access roads will either be gated or provided with removable bollards as appropriate to prevent unauthorized vehicles from enteringlusing. The details and specific location of these facilities will be provided with the final engineering planslpermit for City review and approval. 7. Dispersion trenches must be kept outside the wetland buffer easement and must meet 2009 King County Surface Water Design Manual (KCSWDM) requirements for sizing, flow path distance, and other design criteria. Response: Dispersion trenches for the discharge of certain roof drains (i.e.., clean water) are proposed within the outer edge or outside of the wetland buffer. The location of these facilities in the buffer was approved by City planning staff previous and subsequent to this comment. As such, several of the trenches remain in the buffer with the current site plan both to maintain hydrology to the wetland as well as to limit the required size of the surface water treatment facility. Roads 8. Portions of the interim road that will be dedicated to the public must be revised to include crowned center, full -depth pavement section (0.25' HMA CL 1/2", 0.17' CSTC, 0.5' CSBC), and streetlights. Response: The typical section for the roadway over the berm and the interim (offsite) roadway have been revised to match the material depths requested. 9. The berm road must be revised to have a 6-foot sidewalk on both sides; 3-foot utility strip; 24-foot wide roadway; full -depth pavement section (0.25' HMA CL 1/2", 0.17' CSTC, 0.5' CSBC); crowned center; curb on both sides; stormwater conveyance system; and streetlights. Response: The typical section for the roadway over the berm has been revised to match the material depths requested. This section has also been revised to show a 24-foot pavement width and 6-Foot concrete sidewalks both side.. 10. Verify that the culvert within the berm is capable of supporting expected traffic loads, including trucks, fire trucks, buses, etc. Response: The size and materials of all existing culverts through the referenced berm are such that, if installed properly, would support the required H2O traffic loading. If additional investigation and reporting are required to satisfy this request for verification, that will be provided as part of the final engineering plan/permit phase of the project. Kitts Corner Multifamily Response to Request for Additional Information CPH No. 0024- 7 2-017 February 7, 2014 Page 14 of 18 11. Provide guardrail on both sides of the berm road, and handrail for the sidewalk. Response: Guardrail along one or both sides of the berm road are not warranted given the anticipated low traffic speeds and straight geometry of this access route. The expectation for low speeds is further supported by the proposed speed table at the westerly end of the road. A continuous black vinyl coated chain link fence is proposed along both sides of the berm road, adjacent to the 6-foot sidewalk. This fence will serve as a safety rail for pedestrians as well as a visual deterrentlguide for vehicular traffic. Typical Road Section "A" in the enclosed preliminary civil engineering plans has been updated to show these conditions. As such, no guardrail is proposed or believed to be necessary. 12. Drainage must meet the requirements of the 2009 KCSWDM. Explain how the manual requirements for enhanced basic water quality will be met for the proposed roads. Where only dispersion trenches are proposed, it appears that this requirement is not met. Response: Water quality treatment of surface water runoff volumes from pollution generating areas of the site is proposed in accordance with 2009 KCSWDM standards. Enhanced water quality treatment for the offsite interim roads is proposed by means of rain gardens. A two -facility treatment train is proposed to treat onsite surface water runoff prior to discharge to the adjacent regional detention facility. Site Cross Sections 13. Show the proposed retaining walls along South 336th Street. Response: The site plan and preliminary grading has been revised. Retaining walls along South 3361h are no longer proposed. Technical Information Report 14. In the Project Overview (page 2), the Flow Control Summary (page 7), and the Performance Standards (pages 1 1-12), the narrative states that the South 336th Regional Detention Facility has been sized, "...assuming maximum build -out conditions in the watershed." The culvert referenced does not provide detention, and the implication that any property in the watershed would have the same right to detain within the facility is incorrect. Please eliminate these statements, reference the agreement, and include a copy of the agreement in the TIR. Response: The references in the FIR for the Regional Detention Facility has been revised to clarify that it has been sized to accommodate the flow control required for the Kitts Corner Multifamily site development per the governing Settlement Agreement. 15. Best Management Practices (BMP) are required for this site. Please explain what BMP's are provided for this development and how they meet the "Large Lot Low Impervious BMP Requirements" (2009 KCSWDM Section 5.2.1.2). Response: To the extent required, BMPs will consist of dispersion trenches, amended landscape area, or other approved methods as proposed, reviewed, and approved with the subsequent final engineering plans/permit. 16. In the Water Quality Summary (page 7) and Performance Standards (page 12), explain how runoff from the interim and berm roads will be treated. Response: Runoff from the interim and berm roads will be treated through the use of rain garden facilities. The TIR has been revised to include this language in the Water Quality Summary and Performance Standards sections. 17. In the offsite analysis, provide additional information on the wetland to the west of the site. This is not part of the South 3361h Regional Detention Facility and is likely a closed depression. If any of the site drains to this wetland, either currently or in the proposed design, explain how development will affect the hydrology of this closed depression. If the existing closed depression is already covered in a previous TIR or agreement, please add this information to the offsite analysis. Kitts Corner Multifamily February 7, 2014 Response to Request for Additional Information Page 15 of 18 CPH No. 0024-12-017 Response: The project currently slopes and drains to the existing wetlands located on the east and west borders of the proposed development. With the proposed improvements, no runoff from the site will be discharged into the west wetland. TRANSPORTATION SARADY LONG 253-835-2743 SARADY.LONG CITYOFFEDERAiWAY.cONI The Public Works Traffic Division has reviewed the submitted materials and provides the following comments: Site Plan 1. Use the existing driveway curb cut located east of the proposed new driveway for main access onto South 336th Street. This driveway was designed and constructed to accommodate the anticipated/ proposed development and meets current standards. Any deviation would require approval from the Public Works director. Response: As noted in the August 2013 Limited Scope Traffic Impact Analysis, TENW, the existing curb cut on South 33611, Street was designed to be a "public street" connection and would be given priority over other adjacent/opposing private access driveways. As this curb -cut would no longer serve as a public street intersection, the site plan has been revised to align the Kitts Corner Multifamily site access driveway with an opposing driveway onto South 3361h Street to avoid turning movement conflict within the center two-way left turning lane. 2. The sidewalk on the "interim road — B-B" should be placed on the west side and on the north side for the East-West "interim road" connecting to SR 99 and shall also include streetlights. Response: The sidewalk proposed for the offsite interim roads has been revised to increase the planter width for roadway lighting. The section remains sloping from east to west or south to north to facilitate storm drainage treatment in this interim condition1configuration. The Typical Road Section "B" shown on the Offsite Interim Road Plan illustrates how the ultimate public roadway, if located in the same location, will require a grind and overlay to establish a crowned section in accordance with City standards. Additional storm drainage inlets and piping will be required to facilitate the crowned condition, and these improvements will be installed by the future development of the Commercial area as required. 3. Provide radius for the East-West "interim road" connecting to SR 99. Response: The intersection of the north -south and east -west roadway remains as a tee intersection to (1) match the future extension of 131h Place South and (2) to provide additional traffic calming. A. The traffic impact fee payment is estimated at $453,450. Please note, the impact fees will be calculated based on the impact fee schedule in effect at the time a completed building permit application is filed and paid prior to permit issuance. Response: Acknowledged. 5. Recommend incorporating traffic calming devices within the private road to reduce potential speeding and cut -through traffic. Response: The applicant is proposing to construct raised "speed tables" at proposed internal site pedestrian marked crossings within the site to facilitate pedestrian flow and calm traffic. In addition, proposed parking along interior roadways would result in additional "roadway friction" to vehicle speeds interior to the site as well as discourage cut -through traffic. Kitts Corner Multifamily Response to Request for Additional Information CPH No. 0024-12-017 SEPA Checklist 14 (d) — Revise to include the interim roads east of the site for second access. Response: The SEPA Checklist has been revised as requested. 14 (g) — Revise to include traffic impact fee payment. Response: The SEPA Checklist has been revised as requested. February 7, 2014 Page 16 of 18 WASTE MANAGEMENT ROB VAN ORSOW 253-835-2770ROB.VANORSOW CITYOFFEDERALWAY.COM) Solid Waste & Recycling Capacity Analysis for DevCo Proposals The attached spreadsheet shows recycling space allocation requirements for three proposed projects: Park 16, Highpoint, and Kitts. Based on measurements from what appear to be the most current plans, two of the complexes (Highpoint and Kitts) do not meet code. Highpoint is about 250 square feet below code and Kitts is about 175 square feet below code. General Comments These general comments apply to all three complexes, followed by some specific comments for individual complexes: 1. City assistance is available to help encourage residents and managers to maximize recycling. Please contact the city at 253-835-2770 for details. Response: Acknowledged. 2. Designs that restrict the number of garbage enclosures at each complex will result in inconvenience for residents and maintenance staff. The city is concerned that the limited disposal capacity will encourage illegal dumping into the nearby open space, ongoing in -unit storage of excess garbage, or ongoing storage of bagged refuse on decks or in walkways. This would lead to unsanitary conditions and code enforcement. Such limited access to garbage enclosures is considered experimental by the city. If code enforcement is required due to unsanitary solid waste conditions on site, property managers will be required to institute 'valet' type garbage service, where bagged garbage is collected at each unit's front door at least weekly. The property manager must recover any related costs for this service, most likely by passing it to residents. Bagged set -out amount limits and/or fees could be based on number of bedrooms per unit or other criteria. Response: The onsite waste and recycling facilities have been sized and sited in accordance with previous and subsequent communications with Mr. Van Orsow. 3. Designs show covered areas for compactors and some recycling areas. Drainage from these pads must be conveyed to sanitary sewer, and not surface water. Response: Floor drains connected to the sanitary sewer system will be provided at the waste/recycling enclosure as allowed by Lakehaven Utility District. Kitts Add about 175 square feet of enclosure area for storing recycling in a manner accessible by solid waste collection vehicles, keeping in mind the attached development guidelines. Response: The onsite waste and recycling facilities have been sized and sited in accordance with previous and subsequent communications with Mr. Van Orsow. Kitts Corner Multifamily February 7, 2014 Response to Request for Additional Information Page 17 of 18 CPH No. 0024-12-017 LAKEHAWN UTILITY DISTRICT BRIAN ASBURY 253-946-5407 BASBURY LAKEHAVEN.ORG] The previous Lakehaven Developer PreDesign project (6307008) associated with the subject application/project and underlying property was terminated in 2001 due to lack of project activity and prior to application for/execution of a formal Lakehaven Developer Extension Agreement and project. Response: A new Developer Extension application and agreement will be obtained from Lakehaven Utility District for the required water and sewer improvements. Therefore, a Developer Extension Agreement will be required to extend and/or construct mainline water distribution and sanitary sewer facilities to serve the site. Additional detail and/or design requirements can be obtained from Lakehaven by completing and (re)submitting a separate application to Lakehaven for a Developer Extension Agreement. Lakehaven continues to encourage owners/developers/applicants to apply for Lakehaven processes separately to Lakehaven early in the pre-design/planning phase to avoid delays in overall project development. Response: The Developer Extension application and agreement will begin with Lakehaven Utility District subsequent to this Process 111 re -submittal and concurrent with the final engineering design for the project. Generally, water and sewer system facilities (mains) will route in roadways, with water system facility connections to existing systems in South 336th Street, Pacific Highway South, and/or South 340th Street (if the latter has been constructed by adjacent development; otherwise, this extend -to -far -edge connection requirement would be a temporary dead-end main). Number and location of new fire hydrants for the development will be coordinated with South King Fire and Rescue. Response: The proposed water and sewer mains will generally follow the proposed driveway alignments and will connect to existing mains located on adjacent properties. Fire hydrant locations will be coordinated with Lakehaven Utility District and the Fire Department during final engineering plan/permit preparation. SOUTH KING FIRE 8r RESCUE CHRIS IiVGHAN! 253-946-7244. CHR15.lNGHAfVI SCiUTHKINGFIRE.ORG The east/west road that parallels South 3360, has dead ends without an approved turnaround. Also, please verify that the connection from the site to Pacific Highway South can support fire apparatus. Response: The roadway configuration has been revised to avoid the parking lot dead ends. An emergency access at the northerly boundary is shown to connect to the existing development access roads to the north. Fire apparatus access roads shall be provided when any portion of the facility, or any portion of an exterior wall of the first story of the building, is located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building or facility. Response: Fire apparatus access roads are provided for the site. Driveway isles will provide adequate fire access for the proposed buildings. EXCEPTION: When buildings are completely protected with an approved automatic fire sprinkler system the distance can be increase 20 percent. Fire apparatus access roads: 1) Shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. Response: All fire apparatus roads will conform with current minimum width and vertical clearance requirements. 2) Shall be designed and maintained to support the imposed load of a 75,000 pound fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities. Response: The pavement section for all fire apparatus roads shall include asphalt pavement surfacing and shall be designed with the final engineering plans/permit to meet the specified vehicle loading requirements based on geotechnical recommendations. ' February Kitts Corner Multifamily Feby 7, 2014 Response to Request for Additional Information Page 18 of 18 CPH No. 0024-12-017 3) Shall be not less than a 32 foot inside turning radius and not less than a 40 foot outside turning radius. Response: The current site plan proposal provides the minimum fire turning radiuses specified are available at all required fire apparatus roads. 4) A dead-end in excess of 150 feet in length shall be provided with a cul-de-sac, or if the building is equipped with fire sprinklers, a fire department approved alternative at the dead end. All such cul-de- sacs shall be not less than 80 feet in diameter. Response: The site plan has been revised such that there are no parking lot dead -ends in excess of 150 feet. 5) Gradient shall not exceed 12 percent. Response: The driveway slopes do not exceed 12 percent. Please contact me directly at (425) 285-2391 or by e-mail at matt c E,car�syIto nts.corrt if you have questions or need any additional information to complete your review and approval of the project. Your prompt response is appreciated. Thank you. Sincerely, CPH Corps Enclosures Cc: Mr. Jack Hunden (DevCo) copy to file CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: February 11, 2014 TO: Ann Dower, PW Development Services Sarady Long, PW Traffic Chris Ingham, South King Fire & Rescue Tanya Noscimento, Federal Way School District FROM: FOR DRC MTG. ON: FILE NUMBER (s) : RELATED FILE NOS.: PROJECT NAME: PROJECT ADDRESS ZONING DISTRICT: Jim Harris, Planning Division, jim.harris@cityoffederalway.com NA - Please review and provide SEPA and Site Plan comments to me 13-104418-00-UP & 13-104419-SE Too many to list KITTS CORNER MULTIFAMILY South side of 336th St, about 1,000 feet west of Pacific Hwy RM 2400* (W/concomitant zoning agreement) PROJECT DESCRIPTION: SEPA and Process III site plan review for proposed 218 unit multi -family complex, with 352 parking stalls. LAND USE PERMITS: Use Process III and SEPA Determination PROJECT CONTACT: CPH CONSULTANTS MATT HOUGH MATERIALS SUBMITTED 1. CPH Cover Letter February 7, 2014 2. Updated Preliminary Drainage, Grading and ROW Plan 3. Updated SEPA Checklist 4. Updated Preliminary TIR 5. Right Size Parking Analysis 6. Updated Draft Transportation Demand management Plan 7. School Access Analysis 8. Design Intent & Narrative Summary (8) 9. Updated Architectural Plan Set 10. Apartment Size Parking Survey 11. Updated Site Plan (8) 12. Updated Building Elevations 13. Updated Play Area Design Information (4) 14. Updated Wetland Impact and Mitigation Assessment 15. Updated Preliminary Landscape Plan (8 CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: TO FROM: FOR DRC MTG. ON: FILE NUMBER (s) : RELATED FILE NOS.: PROJECT NAME: PROJECT ADDRESS: April 14, 2015 Ann Dower, Sarady Long Jim Harris NA 15-100767-00-AD None, ha, too many KITTS CORNER MULTIFAMILY 1201 S 336TH ST r"L PROJECT DESCRIPTION: Request for minor site plan modification pertaining to Recreation Building Minor Mod # 2 PROJECT CONTACT: MATERIALS SUBMITTED: CPH CONSULTANTS JAMIE SCHROEDER 7337THAVESuite100 Revised Civil plans, some sheets Cover letter from CPH dated April 2, 2015 RDA site plan A -1 The applicant has requested (needs) a minor site plan modification for the recreation building. The site plans and request are attached. Some of the plans are revised civil plans that are really more associated with the EN. I don't anticipate that we will be approving these civil plans with the minor site plan modification. I anticipate approving the RDA site plan as the approved minor site plan mod. I'll let you figure out the logistics of the submittal of these revised EN sheets. Maybe you need to call CPH and have them submit them concurrently as revisions to the EN. CITY OF �. Federal Way April 21, 2015 Tom Neubauer Devco 10900 NE 8th Street, Suite 1200 Bellevue, WA 98004 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com Jim Ferrell, Mayor RE: File #15-100767-AD & 13=104418-00-UP; MINOR SITE PLAN MODIFICATION APPROVAL No. 2 — RECREATION BUILDING Kitts Corner Multi -Family, 1201 South 3361h Street, Federal Way, WA Dear Mr. Neubauer: The City's Department of Community Development is in receipt of your February 13, 2015, request to modify the Kitts Corner Multi -Family Process III approval decision as it relates to the location, size and design of the proposed recreation building. The project was granted Process III Site Plan approval on June 24, 2014. A minor site plan modification (no. 1) was granted on November 10, 2014, in regard to building exterior colors and materials. According to your February 13, 2015, letter request and April 2, 2015 resubmittal, the location, size and appearance of the recreation building are being modified from the approved site plan. This minor site plan modification request proposes the recreation building in a location which does not currently meet the minimum 20-foot front yard'setback requirement in Federal Way Revised Code (FWRC) 19.205.040. The applicant is currently requesting a public right-of-way vacation that when completed and if approved by the Federal Way City Council, would result in the recreation building meeting the 20-foot minimum front yard building setback requirement. The City Council has agreed to the right-of-way vacation in principle, but some procedural matters must be completed before the vacation can be finalized. The proposed minor revision as depicted on the site plan sheet A-1 by Ross Deckman and Associates Inc. meets applicable FWRC standards and guidelines, and meets the intent of the Development Plan for the Village at Federal Way, subject to the condition below. The request for minor site plan modification is hereby approved subject to the condition below. There are no changes to site access points, easements, utilities, or impacts to the environment with the requested site plan modifications. Pursuant to FWRC 19.15.090(3), the modification request is consistent with city codes and the Development Plan for the Village at Federal Way, subject to the following condition. Condition of Approval — Should the public right -of way vacation not be approved by the City Council, the recreation building will have to be modified to meet applicable FWRC building setback and design regulations. The applicant proceeds at their own risk prior to final right-of-way vacation approval. This modification approval does not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. This approval does not constitute approval of a building permit. The associated building permit application is currently under review. If you have any questions Mr. Neubauer April 21, 2015 Page 2 regarding this letter, please contact Jim Harris, Planner, at 253-835-2652 or jim.harris@cityoffederalway.com. Sincerely, Michael A. Morales Director of Community Development Services enc: Approved plan sheet A-1 by Ross Deckman & Associates dated revised 3/10/ 15 c: Steve Sullivan - Devco, steve.sullivan@devcoapts.com Jamie Schroeder - CPH Consultants, Jamie@cphconsultants.com Jim Harris, Planner Ann Dower, Senior Engineering Plans Reviewer Sarady Long, Senior Traffic Engineer John Mulkey, Street System Manager Scott Sproul, Assistant Building Official 15-100767 Doc. I.D. 69123 Kitts Corner — Phase 10ccu anc 1201 So. 336th Avenue South, Federal Way, WA 98003 Phase 1— Buildings A B C D E F and G plus the Rec Buildin - Targeted date - January 21 2016 Building Department 1. All buildings will have final approval from the building department. Fire Department 1. All of fire hydrants will be working throughout the entire site. 2. All of the buildings in this phase will have final approval from the fire department. 3. Fire truck and emergency vehicle access beyond this phase will be through construction fence locked gates that are equipped with fire department requested Knox padlocks. Planning Department 1. A Transportation Demand Management (TDM) Plan will be submitted to the city for review and approval. 2. Storm & Sewer system for the entire site will be approved & completely operational. a. This includes the rock swale into the wetlands. 3. All utility trenching and installation will be complete in this phase. 4. All on -site improvements for this phase will be completed and include the following: a. Pedestrian walkways will be complete in this phase. b. Perimeter landscaping will be completed in this phase. c. Parking Stall striping will be completed in this phase. d. Drive Aisles and interior parking lot landscaping will be complete in this phase. e. Interior covered bicycle parking in the rec building will be complete. f. Outdoor bicycle parking facilities will be installed in this phase. g. Mail Kiosk area will be complete. h. The common recreational open space and tot lot area that is adjacent to the Rec Building and within Phase 1 will be complete. L Garbage and Recycling facilities will be provided at the South fence line, separating the occupied portion from construction as a temporary measure until the South end is approved for occupancy and access to the trash compactor is unrestricted. j. Parking lot and pedestrian lighting will be complete in this phase. City of Federal Way Crime Prevention 1. A review of the site will be completed with Jim Harris or Lindsey Tiroux prior to this phase being opened. 2. Our on -site construction security service will continue to patrol both the construction site and the newly occupied buildings to help set a standard of acceptable activities. 3. Access to the Wetland Buffer Area Trail will be available to the residents of Kitt's Corner on a limited basis until the final phase is complete to avoid any unnecessary conflict with the construction crews. Public Works Department 1. The Public Works Department has indicated that will not be requiring any particular conditions to our phasing plan, but we will complete any and all items that will be required for this phased occupancy- please provide a list. 2. For Phase 1 all ROW work on 3361h Avenue South will be completed, which will include curbs, sidewalks, storm drainage, lighting and pavement repair or patching. �Up UU .� s AER PHASIN PLAN 1 /12/ 6 r ' 1, Kl-I"fS CC' Id- W. 1 1 -.V .. I NCL _..RQ-•_ -- - --�___ im 1. - ■ lt. 10B P- m II p A ■! 6 Units, Buildings A, 8, C, D, FGj gg jSeo w 2�■ ■ w w TOM wort W trash SI y W W W W `!' _ .and ! y y f$CyC1C `�' J• J• 1. 1 II jj W W WET-FAND G• W W RF w W "' `r • mII W W W W W W m REC. 1 W IV IV W W W y W � i w W ' I r � .•� W W W W W W W Ji y -A 9m its. �uil �: Return Address: C, 4 - rr-ed�!-r-AIJAJ . 333 a,5 fz J �0�51�.09000945 dJA JY 3' 0-3 75.00 CITY OF FEOERA COV PAGE-001 OF 004 li KINGg/2015 COUNTY, WAS Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet Rcw 65.04) DocumerntrTitle(s) (or transactions contained therein): (all areas applicable to your document must be filled in) I. PO V-o CD 3. 4. Reference Number(s) of Documents assigned or released: Additional reference Ws on page of document Grantor(S) Exactly as name(s) appear on document 1. Corne-r LL L 2. Additional names on page of document. Grantee(s) Exactly as name(s) appear on document 1. f of Fe- QPL 2. Additional names on page of document. Legal deseript'on abbreviated: i.e. lot, block, plat or section, township, range) CV LL*L3-10t15062 --AF Rd1 tl 0 !S Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number ❑ Assessor Tax # not yet assigned �Z ©a / d g q 070 The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. "I am signing below and paying an additional $50 recording fee (as provided in RCW 36.18.010 and referred to as an emergency nonstandard document), because this document does not meet margin and formatting requirements. Furthermore, I hereby understand that the recording process may cover up or otherwise obscure some part of the text of the original document as a result of this request." Signature of Requesting Party Vote to submitter: Do not sign above nor pay additional $50 fee if the document meets margintrormatting requirements _1 When Recorded, Return to: City of Federal Way Attention: Mr. Jim Harris 33325 8ch Avenue South Federal Way, WA 98003 AFFORDABLE HOUSING COVENANT KITTS CORNER APARTMENTS FEDERAL WAY, WASHINGTON September 24, 2015 WHEREAS it is the policy of the City of Federal Way (the "City") to encourage the development and retention of suitable affordable housing within the City pursuant to FWRC Section 19.110.010; and WHEREAS Kitts Corner, LLC (the "Owner") intends to develop Kitts Corner Apartments, an apartment complex of approximately 216 units at approximately 1201 South 330h Street, Federal Way, WA 98003 (the "Project"); and WHEREAS in consideration of the receipt of applicable permits to construct the Project from the City, the Owner is willing to commit to certain affordability criteria for the Project, as set forth below, for the life of the Project; NOW THEREFORE, the parties agree as follows: The Project is to be constructed in 2014 and 2015, and should be available for occupancy in 2015. There are expected to be a total of approximately 216 residential units available. Eleven (11) of the units will be affordable for the life of the Project to households earning no more than 50% of the median income from time to time in King County, adjusted for household size. Gross rents payable by the tenant (including a utility allowance) shall not exceed 30% of the 50% of median income, adjusted for household size. The Owner may from time to time designate different units within the Project as the affordable units so long as at least eleven units are affordable as herein described. Upon request from time to time from the City, the Owner agrees to provide the City with evidence satisfactory to the City that the Owner is complying with the terms of this Agreement. The Owner agrees that this Agreement shall be recorded and shall run with the land and bind all successors, assigns and subsequent owners of the Project. IN WITNESS WHEREOF the parties hereto have executed this Agreement effective the date first above written KITTS CORNER, LLC Per: Kitts Corner Manager, LLC, Managing Member Per: Managing Member CITY OF FEDERAL WAY Per: STATE OF WASHINGTON ss. COUNTY OF KING I certify that I know or have satisfactory evidence that Evan J. Hunden is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath state that he was authorized to execute the instrument and acknowledged it as the Managing Member of the Managing Member of Kitts Corner, LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in said instrument. Given under my hand and official seal this 2" day of c, r 20 /,r rinsed Name rs►-` NOTARY PUBLIC in and forte State of Washington, residing at e My Commission Expires STATE OF WASHINGTON ss. COUNTY OF KING I certify that I know or have satisfactory evidence that I544C CDn lest is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath state that he was authorized to execute the instrument and acknowledged it as the P n ` h of The City of Federal Way, State of Washington, to a the free and voluntary act of such party for the uses and purposes mentioned in said instrument. Given under my hand and official seal this W r4day of _aAber , 20 (( 6 STEPHANIE D. COURTNEY NOTARY PUBLIC Print Name�inand STATE OF WASHINGTON �NO RY PUBLI�®rthe�StateWashington, COMMISSION EXPIRES residing at piQrde 4L)I , Wfl APRIL 272017 1 My Commission Expires ne TAL,ASALA CONSULTANTS, INC. 3 October 2013 REGEI11 E D TAL-1422 UCi o42013 Mr. Isaac Conlen Planning Manager C17Y OF FEDERAL WAY CDS City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 REFERENCE: Kitts Corner Multifamily — Process III Submittal SUBJECT: Preliminary Impacts and Mitigation Assessment for Proposed Wetland Buffer Intrusions and Temporary Wetland Impacts Dear Isaac: Talasaea Consultants has been retained by the Applicant (DevCo) to provide professional wetland consulting services for the Kitts Corner Multifamily project (referred to herein as the Project) in order to address proposed wetland buffer intrusions and temporary wetland impacts resulting from the proposed development. This letter report is being provided pursuant to the Process III submittal requirement for "special studies and additional information" relating to the project's impacts to on site wetlands and wetland buffers. The purpose of this letter report is to summarize the proposed critical area impacts on the project site, demonstrate how the proposed impacts are consistent with the requirements of the Federal Way Critical Areas Code (Chapter 19.175 — Wetlands), and generally describe the mitigation proposed to compensate for the impacts. Project Description The Project is a proposed multi -family development of 218 apartment units on a 23.1-acre site located southwest of the intersection of S 336th Street and Pacific Highway S in Federal Way, Washington. The site is zoned MR (multifamily residential), and is being developed pursuant to the multifamily zoning requirements contained within the Federal Way Revised Code (FWRC). The Project will contain 20 multi -family apartment buildings. The site will also be developed with required parking and drive isles, walkways, landscaping, retaining walls, open space areas, a recreational building and pool, and utility infrastructure. The main access to the site will be off of S 336th Street. A secondary access will be provided out to Pacific Highway S at the southeast portion of the site. See the project narrative prepared by CPH consultants for more detailed information about the proposed project elements. The project site contains two wetlands designated as Wetland 1 and Wetland 2, which were previously delineated and rated by others. See the Wetland Delineation Report for Federal Way Village prepared by Raedeke Associates, Inc., dated 5 September 2006; and the Wetland Assessment of the Kitts Corner Property also prepared by Raedeke Associates, Inc., dated 7 Talasaea Consultants, Inc. -- Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98077 • Bus: (425)861-7550 Fax: (425)861-7549 Mr. Isaac Conlen 3 October 2013 Page 2 of 9 September 2004. Both wetlands are rated as Category II wetlands with 100-foot buffers'. Wetland 1 is located in the northwest portion of the site and is approximately 2 acres in size and is classified as a palustrine, aquatic bed, rooted vascular (PAB3); palustrine, emergent, persistent (PEM1); and palustrine, scrub -shrub, broad-leaved deciduous (PSS1) wetland. Wetland 2 is located on the east portion of the site and is approximately 2.46 acres in size and is classified as a palustrine, forested, broad-leaved deciduous (PFO1) wetland. There is also one stream on the site which flows north to south through Wetland 2. This stream is named West Hylebos Tributary 0014A, which was rated as a "major" stream by the City of Federal Way's 2002 stream inventory. The buffers for Wetland 1, Wetland 2, and Tributary 0014A were previously established and recorded as part of the Settlement Agreement and Covenant between Campus Gateway Associates and the City of Federal Way, effective 15 May 1996, King County recording no. 9704211043. The buffer for both wetlands and the stream is 100 feet. Prior approvals and agreements relevant to the current development of the project site include: • Settlement Agreement and Covenant between Campus Gateway Associates and the City of Federal Way, effective 15 May 1996, King County recording no. 9704211043. Comp Plan Amendment and Conditional Rezone for Kitts Corner, ordinance no. 05-490, approved 6/16/05 • Process III approval of the Federal Way Village Master Plan, approved 25 January 2008 ■ Extension of the Process III approval for the Federal Way Village Master Plan extending the Approval through 31 January 2014, granted 1 February 2012, and • Design guidelines established in the document entitled "A Development Plan for Village at Federal Way". The Kitts Corner Multifamily project site consists of a portion of the larger 44-acre Federal Way Village site. The approved Federal Way Village Master Plan is a proposed mixed -use office, commercial, and residential development which originally included a 95-unit zero -lot -line townhouse development proposed for the RM-2400-zoned portion of the site. The original development proposal for the Federal Way Village project included both permanent wetland and wetland buffer impacts. None of these impacts have occurred since no development has yet been constructed in association with the Federal Way Village Master Plan. However, in anticipation of the impacts to Wetlands 3 and 4 (on the east portion of the 44-acre site, not part of the current project), mitigation for the proposed 0.3 acres of wetland fill has already been constructed in the form of 0.9 acres of wetland creation within the S 336th Street Regional Stormwater Facility constructed south of Wetland 2. The S 336th Street Regional Stormwater Facility was constructed by the City of Federal Way as part of the May 1996 Settlement Agreement and Covenant referenced above. A portion of the S 336th Street Regional Stormwater Facility, including the existing wetland mitigation, is located on the south portion of the Kitts Corner Multifamily site. However, it should be noted that this existing mitigation does not apply to any of the proposed wetland or wetland buffer impacts described later in this report, which are associated with the current Kitts Corner Multifamily development proposal. However, other development guidelines and conditions, as established in the 25 January 2008 Process III approval for the Federal Way Village Master Plan, as well as development conditions established in the May 1996 Settlement Agreement and Covenant, do apply to the current proposed development. ' The City of Federal Way does not use the Washington State Wetland Rating System. A City of Federal Way Category II wetland is not the same as a Category II wetland based on the Washington State Wetland Rating System. Talasaea Consultants, Inc. -- Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98077 • Bus: (425)861-7550 Fax: (425)861-7549 '- --401kkL� CITY OF � Federal Way DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.citvoffedercilwoy.com DECLARATION OF DISTRIBUTION 1, c _ hereby declare, under penalty of perjury of the laws of the State of Washington, that a: k- iS'5tRe- �l Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretatbn ❑ Other was mailed ❑ faxed 2013. Project Name File Number(s) ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Pemit ❑ Adoption of Existing Environmental Document ❑ e-mailed and/or ❑ posted to or at each of the attached addresses on -)NQY) 2 ►% A - Signature Date J J K:\CD Administration Fles\Declaration of Distribution.doc/Last printed 1 /10/2013 11:39:00 AM CITY of � A Federal Way RE -ISSUED NOTICE OF MASTER LAND USE APPLICATION Project Name: Kitts Corner Multi -Family Project Description: Proposed construction of 218 multi -family residential dweIIing units with vehicular access to South 3360' Street and Pacific Highway South, including a recreation building, stormwater facilities, parking, and landscaping. This notice of application is being re -issued and re -mailed, as there was an inadvertent error in the November 8, 2013 mailing. Applicant: Jack Hunden, Devco Inc. Project Location: 1100 Block of South 336'h Street (south side of 336`h), Federal Way, WA 98003 Date Application Received: October 4, 2013 Date Determined Complete: October 31, 2013 Date of Re -]Issued Notice of Application: December 4, 2013 Comment Due Date: December 18, 2013 Permits Under Review: Use Process III (File 13-104418-UP); Environmental Determination (File 13- 104419-SE); and Transportation Concurrency (File 13-104420-CN) Existing Environmental Documents: Preliminary Wetland Impact Analysis and Mitigation Plan, Limited Scope Traffic Impact Analysis. Required Studies: Traffic Impact Analysis; Preliminary Technical Information Report; Wetland Delineation and Mitigation Plan; and Parking Study_ Development Regulations Used for Project Mitigation: Federal Way Revised Code (FWRC) Title 14, "Environmental Policy," Title 16 "Surface Water Management," and Title 19 "Zoning and Development Code." Public Comment & Appeals: Any person may submit written comments regarding the application to the Director of Community and Economic Development by 5:00 p.m. on December 18, 2013.Only persons who submit written comments to the director (address below) or specifically request a copy of the decision, may appeal the decision. Details of appeal procedures for the requested land use decision will be included with the written decision. Availability of File: The official project file and environmental documents are available for public review during normal business hours at the Department of Community and Economic Development (33325 80i Avenue South, Federal Way, WA 98003). City Staff Contact: Jim Harris — Contract Planner; 'im.harris ci offederalwa .com, or 253-835-2652 Published in the Federal Way Mirror November 8, 2013. Doc. I D 64615 Vicinity Map Kitts Corner Multi -Family Development Project Site: 1100 Block South 336t" Street, Federal Way, WA November 8, 2013 1321800029 2021049001 l 2021049002 KRS HOLDINGS LLC JEMKITTS LLC SKCMSC FEDERAL WAY ASSOCS C/O KUETGENS KIRA 1001 WESTLAKE AVE N 11627 AIRPORT RD #B 703 SW 350TH CT SEATTLE, WA 98109 EVERETT, WA 98204 FEDERAL WAY, WA 98023 2021049004 2021049051 2021049069 KNIGHT CREDIT TRUST PROGRESSIVE CASUALTY INSURANCE KITTS CORNER PARTNERS L L C PO BOX 13519 R E NOTIFICATIONS OHL23 1026 BELLEVUE WY SE ARLINGTON, TX 76094 PO BOX 89429 BELLEVUE WA 98004 CLEVELAND OH 44101 2021049070 2021049072 2021049080 CAMPUS GATEWAY ASSOCIATES PETERSON L R DDS JONES RALPH C/O LEONARD C SCHARDT CPA PO BOX 676 31 BAYBERRY CIRCLE 1026 BELLEVUE WAY SE ISSAQUAH, WA 98027 ROCKPORT, TX 78382 BELLEVUE, WA 98004 2021049086 2021049090 9265030040 L& D WA LLC NELSON E CURTIS+ELIZABETH A T L C ENTERPRISES PO BOX 30000 627 E FRANCIS AV C/O GOODMAN ROBERT PMB 456 SPOKANE, WA 99270 714 ROSE ST JACKSON, WY 83002 FIRCREST, WA 98466 2021049120 2021049119 2121049024 2121049050 2121049025 PATTISON MICHAEL A+LARRY W MCELROY THORNTON F OH INVESTMENTS LLC 4604 SW 327TH PL LODGE NO.302F&AM PO BOX 532920 FEDERAL WAY, WA 98023 PO BOX 23573 BELLEVUE, WA 98015 FEDERAL WAY, WA 98093 2121049026 9265030035 2121049037 2121049027 CHRISTIAN FAITH CENTER KINDERCARE LEARNING CENTERS INC RED CANOE CREDIT UNION 33645 20TH AVE S 650 NE HOLLADAY ST #1400 PO BOX 3020 FEDERAL WAY, WA 98003 PORTLAND, OR 97232 LONGVIEW, WA 98632 9265030055 9265030010 3903800150 MULTI SERVICE CENTER WAVA LLC SPECTRUM BUSINESS PARK & SP L L C PO BOX 23699 17616 SE 45TH PL 3620100TH ST SW STE #A FEDERAL WAY, WA 98093 BELLEVUE, WA 98006 TACOMA, WA 98499 3903800160 7978200050 7978200060 9265010080 INSTITUTE FOR FAMILY DEV GLEE DRAPER WASHINGTON TRUCKING ASSN 3400416TH AV S, SUITE 200 11243 MARINE VIEW DR SW 930 S 336TH ST FEDERAL WAY, WA 98003 SEATTLE, WA 98146 FEDERAL WAY, WA 98003 9264800110 9264800140 9264800120 9265030030 CAMPUS BUSINESS PARK ROLLING FRITO-LAY SALES LP WOODLAND REALTY SERVICES 1019 PACIFIC AVE #1119 C/O MCELROY GEORGE INC C/O PARKWAY PRNTRSHP TACOMA, WA 98402 3131 S VAUGHN WAY SUITE 301 119 W ROY ST # 4 AURORA, CO 80014 SEATTLE, WA 98119 9264800150 9265010010 9265030020 9265030050 OMNI PROPERTIES INC HOEFER HOLDINGS L L C HASSEN PROPERTIES INC 909 S 336TH ST #103 16503 RAILROAD WY 3727 S 194TH FEDERAL WAY, WA 98003 SNOHOMISH, WA 98296 SEATTLE, WA 98188 92650300�53 SCHULTZ MURPHY PROPERTIES C/O ZSA INC 30504 PACIFIC HWY SOUTH FEDERAL WAY, WA 98003 2121049068 CHRISTIAN FAITH CENTER C/O LEWELYN REAL ESTATE P O BOX 902 KENT WA 98035 AfARE h�A,14 qW;st flaWS !)". 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Tlv fi aallilagradebwl RJU02MIPH IiNgc NPId av­ iVay City cz_':&: passall trip aL.j�jj-S sttawd Im 0,epWall mply 1,-,d -,KO Co umt -a m W Sulim.,Jid W nDihttal7y, Providinc I mfa:j;,Pt fameam 00C.11tv ORMNANCE 90. 133-749 Gr mixent at F4" of urovIdet paElhzu to 1ZRVy fte W- C;RPFA&VCE 0 Off Ciro 31 Welai %'14- Man' AIM Vat" WVY Praqw, cunt"4%0 :Imtm f mhmmss 0, The IK ml sr,:aw W F ot. (,-V injon l"IJ-14 I cm rm mWalbirlim UPI naxE area liilgis. pporrollraa! m4iijili5- -Ir ffr-W !Carom W-iW"t cafftts 2nd aafter 2cliwiliesin. PO ltoi;ld be 0 mrigi5ppits1 AWti 4 Ise sale. Ot ftntimlIcA 0 ft-a ' Pl.b1W.-d in lt� P.Tval WO and da-iq al cur.-,,mi Utif, of ti$4! Fill MillOrW SWOO E WO 13T it Ptili it: haring; trig , Lm d T!Q1jft?S je.0 any '3r Af1VW.Vd Foraw.w Wrtld;q lriE104F4 P*- Pfflla X7J CZeXgd X-jW.1 10 S C-10W aM ft C[V F-_ 0 W an&, vnitmat grxttilhle use ut %t- sdiiil of ORDINANCE go, I d.750 gap". SWs for any mowvs !@ N' (1,lT 4 C!:,, C' Fci yrsLqlain remilij 10 art imend.7i"T 10 VIC adm:jls- n cOmj:: Jrrcli oin ITTLVY I C.5 Mli EAC,w:FI1rKirlit,tii, :T91011 3tOZ iWAC 19 115 021rd 01 Ifte li4iliral L LC w. S0 41 11i ( -JI10-1 XSW 2 1215 S 3ffjtN im - - t�l $I FaV_tre Wly IWA en11; 121"3nI S ip -k T tl itm Or ImW t7 OKti.m.4 13.2613. 1161;tio 'Jos 439-W 'r-5;t 6"l5_ C311821 0! F A3 Wamillt CAM' 04101 IM �1 T[W I K` 4 N � IiTIP �-I,V3,97-291 ram .o-27 1.1 �,Umt-,Veiio on fa-�Otai WT,, "Ifol ii�ri�Lrn4a 3 001ma No 13.751 20*,n A% ;$WWICE N She cj,} a? pet-fril W-w. Wabl'smlp "'i" rfre cf palmeAL Ire tell zc e,­�.:'J!,.,z ar.,j to tit Tmsw tl� dS,%'rquftr1 vmd C.;, L. c �n. N I !W iL.: 0k vl-1 arr,!adfl. .1 e r 1:1 T fa: C.: vj cilp:[ru CITY OF FEOE F-k,19V mi CTJ tlr� REQUESE FOR FACPOSAL i4iyMLfA w4mit. %tali: m-wo 9e- Iu Ct., r,;:� w $ vg male: jv r to amv ja,44 d t,.F,� FUR P09F OF REQ UE$t j ni: 011 f likirv. VVlj 1 --sam ;,I 'P% )�Se -inm op.��!Str; utlla� E� *,Pj!4 4mg P.%Wf.: d Rr.,f 1.m:krtt9 1m=t oa­q in 71 r j UP TO 70% OFF immaK Dmos" DeP15, Scmla[Mls and Fact", �UrAL-r Warranty, Aikv..Ia 110.2%ld C—t-Y Plots I FLOT % PFc --ABLE BsIna, V(Stsan - 'Na.- i-lar, Mcmet- Pa-k m1r. Iojn!a.n N De 11011colu: G31dar. Fle.."i, ov"ner Pay; ir"5!a, !ea 550^10� Ashill IIISO Saij Tac, near A , 1poll 206-734- 9ij7.9 SZ30 020- SEAU'T`u', rS IN c nor S8_­.!Dn --:6 ': civ plass Lawn MaMtirrill pol.' :1 E.aleli Fla!, 5 E,q 4. Ceme!ary !or 55.07if aaO- liVill Is.- uapszi.Ooo '( OR. if. !a- ca", rs lr i" SIDE BY SDE Ce- Fiots m Sasia-'s emvial Walk, suriftM] Garden, Secfiuir V' Blatt 53. Lot D.2065 I and 2. Z2 n.goLaittile 'or oath Contact Laurie at 4�1-M-4056 _":ante; Y NOTICE -15 " ILR LAW WA WtIW fGH Pmes,,. OavWPW. PfoPooW ImWiltiffliar. of 'qg jrna'1xJ-.mlV Iiimewl d-ntl* vrts kith .-J0;PU. bar W-.m to $Nth nv.ft Wai and paw, W "rater iaGlliras. parft, and landscaping. MAIO 110 ai10X Of S' (;*,Il 33 Slieet isr1n s:le u? 1357N. F.'e­l 'N&Y- i7A GS03 Oa:e APpr4C4*!I Fkw4iici. omm S. 2C12 ats unet :ed Clopwit ^x*ur a, I 2M 3 & -n,-r.l Die Galif, Kmmm B, E013 Pef,) is Up der Peitew Ula FrGDEES 1--d'! En-niennitmal OetcirmfFIliCil 'i ann File 13-1014211-C4 !AfEliar,j U17-ct Awis aid 031115 Pan qmd Saw Traffit ImpKt A-mW a art. m Shelwa - Tralft l(r. gam Prk;lm nary Tild*;ciw? hitilrormlon Nm %4113m Od ii1lifir. all". miqAton Rd% a:W P-I*k9 S:l 7votOW-4-lil RiipLyws Used 10 P(1*4 M;tP Tics- Fdx")! IU16 Av-m cmet ayvacl Tile M 'Erwevin.":m pat.,Y. . TICS $a -SlItim W40- ;frd T14 19 '70"Iff and O'k 0WIP, rn!l vAntif m.wz,,ts ;epi&q; 4P afp;&mjQq to ,g 5?,cjv Pt CDLrrmj,­Ly airt Eirx;'Lorr : r4.V?V,, ;q,,- t it, 5,00 pin L-m:1Iwmtu 2:. 2013 9tili 5p!s °s .010 St t;P_'I m Wen cminitills 10, the 1" l-eor u0tha 01joral or smilloall? '"quot c Wpy 11 the =iW. MI/ 049NI ;,-ler Ilmeitill G& V opkn! qrla;ffojlts iW im miquold ind 4,1 Im Lfw.1-dd,%!h the 7-i.t'Aa M; vx j rwift arl 101 piitiC it, vim j3 triiq ir.0, -T-2 tI Awo"s M3 N ft kVT- cceirtfir-'re snc ErGrL1--,_-C 0mlUPr?VLl v Aafttic scuts. 1,mvi;l city S0 coj%lz: ;,-" Him% corllcw prn 11a44,4c.q0k:ai faria?rCom. Ur 751m=* Pit M.: rr I . �k- CITY OF . - Federal Way DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 WWw.ci# offederalwa .cam DECLARATION OF DISTRIBUTION 1, Z! ro. karr, I — hereby declare, under penalty of perjury of the laws of the State of Washington, that a: Notice of Land Use Application/Action ❑ Notice of Determination of Significarce (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretatan ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed ❑ e-mailed and/or P posted to or at each of the attached addresses on _.2013. + LLbr4,-y Lok Avc �' ``__ c� pto Project NameLl�� r v File Number(s) 1 3 _ 16 '1 `i $- V 1 _ Cj. Signature Date L-26a KACD Administration Files\Declaration of Distribution.doc/Last printed 6/28/2013 8:27:00 AM DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 CITY OF 253-835-7000; Fax 253-835-2609 Federal Way WWW.cit offederalwo .corn DECLARATION OF DISTRIBUTION I,� hereby declare, under penalty of perjury of the laws of the State of Washington, that a: 19 Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Pemit ❑ Adoption of Existing Environmental Document was ❑ mailed � faxed ❑ e-mailed and/or ❑ posted to or at each of the attached addresses on 2013. Project Name J` tal File Numbers) /3` /o `( L( I - a /3 G LfYI Cl' " - Dq ya -C., Signature Date //` 7V/-3 K:\CD Administration Files\Declaration of Distribution.doc/Last printed 6/28/2013 8:27:00 AM CITY OF Ai�� Federal Way NOTICE OF MASTER LAND USE APPLICATION Project Name: Kitts Corner Multi -Family Project Description: Proposed construction of 218 multi -family residential dwelling units with vehicular access to South 336h Street and Pacific Highway South, including a recreation building, stormwater facilities, parking, and landscaping. Applicant: Jack Hunden, Devco Inc. Project Location: 1100 Block of South 336t' Street (south side of 336`h), Federal Way, WA 98003 Date Application Received: October 4, 2013 Date Determined Complete: October 31, 2013 Date of Notice of Application: November 8, 2013 Comment Due Date: November 25, 2013 Permits Under Review: Use Process III (File 13-104418-UP); Enviromnental Determination (File 13- 104419-SE); and Transportation Concurrency (File 13-104420-CN) Existing Environmental Documents: Preliminary Wetland Impact Analysis and Mitigation Plan, Limited Scope Traffic Impact Analysis. Required Studies: Traffic Impact Analysis; Preliminary Technical Information Report; Wetland Delineation and Mitigation Plan; and Parking Study. Development Regulations Used for Project Mitigation: Federal Way Revised Code (FWRC) Title 14, "Environmental Policy," Title 16 "Surface Water Management," and Title 19 "Zoning and Development Code." Public Comment & Appeals: Any person may submit written comments regarding the application to the Director of Community and Economic Development by 5:00 p.m. on November 25, 2013. Only persons who submit written comments to the director (address below) or specifically request a copy of the decision, may appeal the decision. Details of appeal procedures for the requested land use decision will be included with the written decision. Availability of File: The official project file and environmental documents are available for public review during normal business hours at the Department of Community and Economic Development (33325 8`h Avenue South, Federal Way, WA 98003). City Staff Contact: Jim Harris — Contract Planner; jim.harrisAcityoffederalway.com, or 253-835-2652 Published in the Federal Way Mirror November 8, 2013. Doc. I.D. 64474 Tina Piety From: Mary Lou Gass <mgoss[7a fedvvaymirror.com> Sent: Thursday, November 07, 2013 9:39 AM To: Tina Piety Subject: Re: Legal Notice All taken care of... Mary Lou Goss Office Coordinator/ Advertising Sales Consultant Office: 253-925-5565, Ext 3056 Internal: 02-3056 31919 1st Ave S, Ste 101, Federal.Way, WA 98003 N.- Sound Publishing, Inc. Map Print Rates Online Rates Media Kit Sound Info On Thu, Nov 7, 2013 at 9:29 AM, Tina Piety <Tina.P iety&ityaffederalway,coln> wrote: Hello, Please publish the attached legal notice (Kitts Corner Multi -Family NOA, 13-104 I-15) in Friday's (11/8/13) issue. Please furnish an affidavit of publication. Thank you. Tina Piety, Administrative Assistant II Department of Community and Economic Development City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-2601; Fax 253-835-260s W IV "IV, rlw-a`S.C(iIY; _ SrnoCli & 7ralalrl� Cnnyetrnr'-•s Arvuar,ces AItiL'NES ARE m i'l STACK i.hMORY - T::lin lot aalifs' 1, A.iStidn Carew FAA �y i�lry� 0'! aOPra.au ¢rogram F'• :! 3�18il.l�3�t Gs At?snpoljly+r CIF91 nanCRl Rid r! Rir�r lieu wu -Corn "4 0- rlftrl= 6ricrea W� Frll 'aFco CAu R.tia:ar I:- f �'S J $300 l0 5Soto iee n� c w�_ an irlluro of VVvIRn3nrn 'UnderWarsaRty e:s.8t$.;733 y / r � C+Yr i1,2Ci Raw, aE:+r rrr,4l0mg MoranrrN = J'lr j$:S� rrldie Wymzct t454PGrtrif - •ppum.on� r?g a- r,Kc:n "CEDAR FENCING' J°rdx6. .-St 25 ea acy _ or S! 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CAl &I 206-244-6966 1 -Ind it Buy It Sii ! !;- Leo:<tn_ for Ine rifle rJf ;Our i;f�' , a .nw-ede,ccrn 24 hours a day :iY nl+PneQR REPO REFRIGERATOR i.x::rGa7 Oh'xr,r. UNDER WARRA .TYI 206-244-8966 Ccr,.ete>y PWa In§ter ;ur,u:.r i'b�r: - w0: r 'iG Jn;di J'h'n- 'fir IEE Value $mc;30. A.f I 3::7,, OL:i SaBTds Dear 'i J79 S5'3D0 GBH 3EA.1 r:Fi,iL 4retimg 14F Id-ImI On a u'rallrr-y you- Eor7u t+7 OeYir,Ote vaWII ar ♦:rrlit _ cor mic i Pill 1151 Si: dt3too a: C4 140ps:n PJI &"Cn3. R4- cenny VaIM Al SSSG3 C51: ik: L'2rfiF?-2ii: 2 PLO-S 44.0C : OR, ' oeato!s I::ar• pgwn Mo MQn roll Ad'i- IJl 1"Rock of Ayes Garter Lot A - 1 S 2 ceeer is > e3al 2J•c9tl- SU? Fnd Yaw l+.r - . -PI I u, the C:rlssl Iwj% wN.r,nve-ads.earn "rstYSQn• PIQts Camote, y PI... !?) PLOTS IN sari: viq,y saL2R -It 4: Lp• prey: Lawn Algmwiar s Ne :n v toll I. is9 h � P -in 4. Cernelery se :ny $v stixTi'l .2m. W_-.I oC- _8Ft S5.001 v LB# rlT- 'o� LSEI 3eoB2:rRnD2. a �p 79r.�i;Y r I ,2f ss,7E OV S:DE Ca- rrots Plu;x ar SGSIaCs Lein Srlln�ron :dor119'ra1 Palk $Ilnd'r7l Garden. sacti6.1 17, ! Sir Ldl DI. S0410es 1 and 2- 2Sa nogohaafo for ;din condos LSo,w of 4•,o-i�-va:e t2i SIDE BY SIDE p4sls par:,• la sc':, c i t;ra::n IGO sector,, plot e E ;1r:d �19. ?rtnr. IJca:':ort !Jr easy neeels8 wip..rl;lr IEOL' w1 a KIII. Pr, I W the moG4 M11TIy wi qhl Alter comYlcllal:.I Inn Grraw Sealtis Arna 9,-40 Q3Qrr: SSJ,.a? or: 4 yrtir Cat; SIJI Scott ?ark ir: Ee Gal:,'ar ; gayer ° -o! 3 spat..=. .3 B. 'Ja 1 i I ed al .20.0%00ieac . Vli:: -_II fair _:5000 eil-0 ai =18 pao if:;Pslzr:.e ? c'ie car' 1 25 ni.!IOr1 rtader5 make us a rneenber of clews � a ! 4.�1 r�(•xI (111: LIS li.La) !0 aCve se. BOG-38R-2527 November 8, 2013 1251 Ca tury Plots Co- tary Ytnta L;+1S! T HILLS Il:emc1f- 210E1.?E-TE3Y PLO-S_ aI C In Selma Ackiry <80G0 ea ar UJs $t:vin ix9 bor Silt Lmiliiit Pl%;% in Ine Sa!110ilt. Ine desiran:a sunset 0'a¢ylg;2ea,,war44of r.,r.s i:a'na1Et;, sa_ l lrt Garegn ar Gett:e' zn�cc;?ec Garden r4r.e Blatt: :aje; Lcialy p 'l.ra'n- £S : EXr, lied a It i.ryscapc scaine.-26.9G0 NOV. Pw2dJ9:7 iW%y a_-ess, right ofl E0-� rr, ae_51:0 eaa� OF SAf toad ixalce fr. i t .517%', lcr t.•i ;at cn:l 7e, spsc ^ ? 3 - ::ne 3.C.A7'-995 0, _...,- pays :Bast! leli� 1- 631 V.2- val° se:: e' gYi.:•zy 21 -�- �^"- S@-n7.•_3!':% Feach readers IRa miss u, neya a 0fs a Ca P P �,N '�ndo'tu^ir - �. Y i W)lcn J:%:1 acr: �^ISC ro.ri Of yo J ;n the Cia;sifieds nonl Ir: frpn, of yCD Recycis IN, Paper 1-800-388-2527 I>! wr!n!.nw•ddS. bT -Walley Specializing in Hand `therapy The staff at Valley Handworks would like to thank the community for your continued Support. Our certified and licensed therapist's provide ir.dividual hands-on care for patients with simple to cornplex upper extremityinjuries and conditions. 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I• C4) Ci S73 d•': .. _; ,. - .. ... _ _ n, �xx - - { r I:"L'iy d lVC ydyrnEO:. in: rest }{d' C' ayLe?' 0 Y.ea3ft5 iGr Ito y _.,. 'Gal.._ .. ,.. ..... .. *y:' .. .l' dOraaprl a'.m•x '1iF IRXE5!,A!'..: H Ircrda7 a'h the : 101 ex.: Laie :i]Ela!y4alar•.t aCZ C;•i c - .. .... .. an7 dt'indlix Ott f- paritb.,:. 4r' f3 Th-'ell-W FI?e^.:fy. vid Iai. t- s'tdu(a^.e:;: •. Per c.; Tta c::: :.; .. _ -. .. .. •+a;q r!lelerl kR ICr-V.M1'A %U MA $I a'? 8'r.1:aZN.:of P*La rl!. _i .::srl - r" ' -L,ivvn'`:.. Ylel' Vu*i.M'J rp-IT:' b')51= ills l:ki 3: Site £xSft- ftiCi•0 [.' i1!_ ?:il n;:'.,:.- ❑r Cur,• nlolfi dl a1r. iii ;^i E'enim [ W"ItiP-ae! PlOe%-a=l- SI ms:ii: Y^I Arcnu! 5e lr, reGtrs[ 4Y2r, ;- C!-Y OF FEDEfi.A: ;y' r; - ....._.:naC[ar3a'Kt S3!303; REGUESir ;FRCI'OSAL'n:,:f;;• .„, ,..h,r • • r .. .. ... -. t C*ly S�'rI t:�Tai: ;ram Na1n� • tpAtrp:i F'y Bat . PURF ISE OF REC _ST., :...... [.yL:r,�,, c^r ;13'V ,r - . _. -' ... Ilm nArr15.7%.:solf�tre'rra^ L74Po, ur 2�3•d34 - [.I,'r•3. ^,I✓, r,-CLiii1� ,..; G1;SF P7t '.I•.r: ''-nr i47ef_I l?� ir1Pf]r 'iP':vr":".l . -.'SC... ., I•I T .. 7T'lr:.f �` .. -_ ': f..? , riJ:r.r.1".:: ,� r?x-S_'. JL'%i::•`l; ' .. _: '(?r ,' _. :'�:•hP' .. Lv� �.,��_ 'rl tm. 1oi?. :. I.. ._. .. - tC:'. :1; a}L•'t::i !' ., _ ... ... .. 319 9 1 "'Ave S. Suite 101 ; 'red6 aj. lrlaY. 1�` 9 DOS A 8 Vit 0) Rudi Rlcott, being first duly sworn on oath, deposes and says that he is the Publisher of The Federal "Jay Mirror, a semi -weekly newspaper. That said newspaper is published in the English language continually as a semi-weekiy newspaper in Federal Way, King County, Washington. and is now and during all of said time has been printed in an office maintained by the aforementioned place of publication of said newspaper. That the annexed is a true copy of a legal advertisement placed by City of Federal Way — Economic Development as it was published in regular issues (arid not in supplemental form) of said newspaper once each week for a period of one consecutive weeks(s), commencing on the 8th day of November 2013 . and ending on the 8th day of NovembeL 2013 , both dates inclusive, and that such newspaper was regularly distributed to its readers during all of said -period. That the full amount of the fee charged for the foregoing publication is the sum of M50, which amount has been paid in full, or billed at the legal rate according to RCW 65.16.020. Subscribed to and sworn before me this 27th day of Januar 20 i €. (votary Public in and for the State of Washington Residing at Buckley t r, i CITY OF - Federal Way DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.ci!yoffederotwoy.com DECLARATION OF DISTRIBUTION hereby declare, under penalty of perjury of the laws of the State of Washington, that a: 19 Notice of Land Use Application/Action ❑ Notice of Determination of Significarce (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other was Kmailed ❑ faxed 2013. Project Name ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Pemnit ❑ Adoption of Existing Environmental Document ❑ e-mailed and/or ❑ posted to or at each of the attached addresses on File Number(s) ) 2� - ) b 4'// l Signature Date K:\CD Administration Files\Declaration of Distribution.doc/Last printed 1 /10/2013 11:39:00 AM A CITY OF Federal Way RE -ISSUED NOTICE OF MASTER LAND USE APPLICATION Project Name: Kitts Corner Multi -Family Project Description: Proposed construction of 218 multi -family residential dwelling units with vehicular access to South 336`'' Street and Pacific Highway South, including a recreation building, stormwater facilities, parking, and landscaping. This notice of application is being re -issued and re -mailed, as there was an inadvertent error in the November 8, 2013 mailing. Applicant: Jack Hunden, Devco Inc. Project Location: 1100 Block of South 336t' Street (south side of 336`h), Federal Way, WA 98003 Date Application Received: October 4, 2013 Date Determined Complete: October 31, 2013 Date of Re -Issued Notice of Application: December 4, 2013 Comment Due Date: December 18, 2013 Permits Under Review: Use Process III (File 13-104418-UP); Environmental Determination (File 13- 104419-SE); and Transportation Concurrency (File 13-104420-CN) Existing Environmental Documents: Preliminary Wetland Impact Analysis and Mitigation Plan, Limited Scope Traffic Impact Analysis. Required Studies: Traffic Impact Analysis; Preliminary Technical Information Report; Wetland Delineation and Mitigation Plan; and Parking Study. Development Regulations Used for Project Mitigation: Federal Way Revised Code (FWRC) Title 14, "Environmental Policy," Title 16 "Surface Water Management," and Title 19 "Zoning and Development Code." Public Comment & Appeals: Any person may submit written comments regarding the application to the Director of Community and Economic Development by 5:00 p.m. on December 18, 2013.Only persons who submit written comments to the director (address below) or specifically request a copy of the decision, may appeal the decision. Details of appeal procedures for the requested land use decision will be included with the written decision. Availability of File: The official project file and environmental documents are available for public review during normal business hours at the Department of Community and Economic Development (33325 8 b Avenue South, Federal Way, WA 98003). City Staff Contact: Jim Harris — Contract Planner; jim.harris@citLoffederalway.com, or 253-835-2652 Published in the Federal Way Mirror November 8, 2013. Doe- LD. 64615 S �_99 S 304th S t , S 308th St S 312th St �T_____� - S 320th St~ i 1 U , Uy n5t � S N `� C 53336th St a Lake 1 �'� Prgct �a S 344th Sty` GSO > S 348th tf _ 99 + i (Not to Scale) Vicinity Map Kitts Corner Multi -Family Development Project Site: 1100 Block South 336t" Street, Federal Way, WA November 8, 2013 321800020 2021049001 2021049002 KRS HOLDINGS LLC JEMKITTS LLC SKCMSC FEDERAL WAY ASSOCS C/O KUETGENS KIRA 1001 WESTLAKE AVE N 11627 AIRPORT RD #B 703 SW 350TH CT SEATTLE, WA 98109 EVERETT, WA 98204 FEDERAL WAY, WA 98023 2021049004 2021049051 2021049069 KNIGHT CREDIT TRUST PROGRESSIVE CASUALTY INSURANCE KITTS CORNER PARTNERS L L C PO BOX 13519 R E NOTIFICATIONS OHL23 1026 BELLEVUE WY SE ARLINGTON, TX 76094 PO BOX 89429 BELLEVUE WA 98004 CLEVELAND OH 44101 2021049070 2021049072 2021049080 CAMPUS GATEWAY ASSOCIATES PETERSON L R DDS JONES RALPH C/O LEONARD C SCHARDT CPA PO BOX 676 31 BAYBERRY CIRCLE 1026 BELLEVUE WAY SE ISSAQUAH, WA 98027 ROCKPORT, TX 78382 BELLEVUE, WA 98004 2021049086 2021049090 9265030040 L& D WA LLC NELSON E CURTIS+ELIZABETH A T L C ENTERPRISES PO BOX 30000 627 E FRANCIS AV C/O GOODMAN ROBERT PMB 456 SPOKANE, WA 99270 714 ROSE ST JACKSON, WY 83002 FIRCREST, WA 98466 2021049120 2021049119 2121049024 2121049050 2121049025 PATTISON MICHAEL A+LARRY W MCELROY THORNTON F OH INVESTMENTS LLC 4604 SW 327TH PL LODGE NO. 302F&AM PO BOX 532920 FEDERAL WAY, WA 98023 PO BOX 23573 BELLEVUE, WA 98015 FEDERAL WAY, WA 98093 2121049026 9265030035 2121049037 2121049027 CHRISTIAN FAITH CENTER KINDERCARE LEARNING CENTERS INC RED CANOE CREDIT UNION 33645 20TH AVE S 650 NE HOLLADAY ST #1400 PO BOX 3020 FEDERAL WAY, WA 98003 PORTLAND, OR 97232 LONGVIEW, WA 98632 9265030055 9265030010 3903800150 MULTI SERVICE CENTER WAVA LLC SPECTRUM BUSINESS PARK & SP L L C PO BOX 23699 17616 SE 45TH PL 3620 100TH ST SW STE #A FEDERAL WAY, WA 98093 BELLEVUE, WA 98006 TACOMA, WA 98499 3903800160 7978200050 7978200060 9265010080 INSTITUTE FOR FAMILY DEV GLEE DRAPER WASHINGTON TRUCKING ASSN 34004 16TH AV S, SUITE 200 11243 MARINE VIEW DR SW 930 S 336TH ST FEDERAL WAY, WA 98003 SEATTLE, WA 98146 FEDERAL WAY, WA 98003 9264800110 9264800140 9264800120 9265030030 CAMPUS BUSINESS PARK ROLLING FRITO-LAY SALES LP WOODLAND REALTY SERVICES 1019 PACIFIC AVE #1119 C/O MCELROY GEORGE INC C/O PARKWAY PRNTRSHP TACOMA, WA 98402 3131 S VAUGHN WAY SUITE 301 119 W ROY ST # 4 AURORA, CO 80014 SEATTLE, WA 98119 9264800150 9265010010 9265030020 9265030050 OMNI PROPERTIES INC HOEFER HOLDINGS L L C HASSEN PROPERTIES INC 909 S 336TH ST #103 16503 RAILROAD WY 3727 S 194TH FEDERAL WAY, WA 98003 SNOHOMISH, WA 98296 SEATTLE, WA 98188 ;, 9265030053 SCHULTZ MURPHY PROPERTIES C/O ZSA INC 30504 PACIFIC HWY SOUTH FEDERAL WAY, WA 98003 2121049068 CHRISTIAN FAITH CENTER C/O LEWELYN REAL ESTATE P 0 BOX 902 KENT WA 98035 1SUZANNE ANDERSON PAUL ROGERS FEI,,IA US ARMY CORPS/ENGINEERS NATURAL RESOURCES CVN SVC REGION 10 NTH DIV ATTN REGULATORY BRANCH 935 POWELL AVE SW 130 228T" ST SW PO BOX 3755 RENTON WA 98055 BOTHELL WA 98021-9796 SEATTLE WA 98124 paul.rogers@wa.usda.gov 425-487-4600 suzanne.l.anderson@usace.army.mil DEPT OF ECOLOGY MARSHA ENGEL EPA ENVIRONMENTAL REVIEW SEC PUGET SOUND PARTNERSHIP ENVIRONMENTAL REVIEW SEC PO BOX 47703 210 11T" AVE SW STE 401 1200 6T" AVE MD-126 OLYMPIA WA 98504-7703 OLYMPIA WA 98504-0900 SEATTLE WA 98101 sepaunit@ecy.wa gov marsha.engel@psp.wa.gov JACLYN FORD REVIEW TEAM WA DEPT OF COMMERCE PARKS & RECREATION COMMISSIC AGRICULTURE DEPT OF AGRICULTURE GROWTH MGT SERVICES PO BOX 42650 PO BOX PO BOX 42525 OLYMPIA WA 9 8504-2650 OLYMPIA, WA 98504-2560 OLYMPIA WA 98504-2525 randy.kline@parks.wa.gov jford@agr.wa.gov reviewteam@commerce.wa.gov RAMON PAZOOKI JAMEY TAYLOR WA NATURAL HERITAGE WSDOT SOUTH KING COUNTY DNR SEPA CENTER DNR PO BOX 330310 PO BOX 47015 PO BOX 47014 OLYMPIA WA 98504-7014 SEATTLE WA 98133-9710 OLYMPIA WA 98504-7015 ramin.pazooki@wsdot.wa.gov sepacenter@dgr.wa.gov sepacenter@dnr.wa.gov ENERGY FACILITY SITE DEPT OF SOCIAL & HEALTH SVCS PERRY WEINBERG EVALUATION COUNCIL LANDS AND BUILDING DIVISION SOUND TRANSIT 1300 EVERGREEN PARK DRIVE PO BOX 45848 401 S JACKSON ST PO BOX 43172 OLYMPIA, WA 98504 SEATTLE WA 98104-2826 OLYMPIA, WA 98504-3172 hubenbj@dshs.wa.gov efsec@utc.wa.gov DEPT OF ARCHAEOLOGY & BOB ZEIGLER WASH STATE PARKS AND REC HISTORIC PRESERVATION DEPT OF FISH AND WILDLIFE PO BOX 42668 PO BOX 48343 PO BOX 43200 OLYMPIA WA 98504-2668 OLYMPIA WA 98504-8343 OLYMPIA, WA 98504-3155 randy.kline@parks.wa.gov gretchen.kaehler@dshp.wa.gov 1 sepadesk@dfw.wa.gov LAURA ARBER (saltwater) LARRY FISHER (freshwater) MASTER BUILDERS ASSOC WDFW REGION 4 OFFICE WDFW AREA HABITAT BIOLOGIST 335 116T" AVE SE 16018 MILL CREEK BLVD 1775 12T" AVE NW STE 201 BELLEVUE WA 98004-6407 MILL CREEK WA 98012-1296 ISSAQUAH WA 98027 AWilford@MBAKS.com laura arber@dfw.wa.gov larry.fisher@dfw.wa.gov KELLY COOPER ATTN SEPA REVIEW DEPT OF HEALTH PUGET SOUND CLEAN AIR AGENCY US FISH &WILDLIFE SERVCE ENVIRON HEALTH DIV 1904 3RD AVE STE 105 510 DESMOND DR SE #102 PO BOX 47820 SEATTLE WA 98101-3317 LACEY WA 98503 OLYMPIA WA 98504-7820 sepa@pscleanair.org kelly.cooper@doh.wa.gov claudew@pscleanair.org PORT OF TACOMA PSRC ENVIRONMENTAL DEPT PORT OF SEATTLE--airport GROWTH MANAGEMENT DEPT PO BOX 1837 PO BOX 1209 1011 WESTERN AVE #500 TACOMA WA 98401-1837 SEATTLE WA 98111 SEATTLE WA 98104-1040 jjordan@portoftacoma.com, rybolt.s@portseattle.org imiller@psrc.org smauermann@portoftacoma.com KC WASTEWATER TREATMENT GARY KRIEDT KING COUNTY TRANSIT DIV KC DEPT OF ASSESSMENTS ENVIRONMENTAL PLN OAP ENV PLANNING MS KSC-TR-0431 500 4T" AVE RM 700 MS KSC-NR-0505 201 S JACKSON ST #ADM-AS-0708 201 S JACKSON ST SEATTLE WA 98104-3856 SEATTLE WA 98104 SEATTLE WA 98104-3855 gary.kriedt@kingcounty.gov LIS,A DINSMORE SOUTH KING COUNTY KING COUNTY PARKS & REC LAND US SVC KCDDES REGIONAL WATER ASSOCIATION 201 S JACKSON ST # 700 900 OAKESDALE AVE SW 27224 144T" AVE SE SEATTLE WA 98104 RENTON WA 98057-5212 KENT WA 98042 kathy.nygard@kingcounty.gov REGGIE HOLMES KC BOUNDARY REVIEW BOARD YESLER BUILDING, RM 240 400 YESLER WAY SEATTLE WA 98104 reginald.holmes@kingcounty.gov KING CO ROADS DIVISION COUNTY ROADS ENGINEER 155 MONROE AVE NE RENTON WA 98056 maint.roads@kingcounty.gov SOUTH KING FIRE & RESCUE 31617 1 ST AVE S FEDERAL WAY WA 98003 chris.ingham@southkingfire.org gordon.goodsell@southkingfire.org BRANDON REYNON PUYALLUP TRIBE OF INDIANS HISTORIC PRESERVATION DEPT 3009 E PORTLAND AVE TACOMA WA 98404 brandon.reynon@puyalluptribe.com RON HOWARD PIERCE COUNTY HEALTH DEPT ENVIRONMENTAL HEALTH DIV 3629 S "D" ST TACOMA WA 98408 rohoward@ppchd.org RYAN FLYNN TACOMA WATER DIVISION PO BOX 11007 TACOMA WA 98411 CITY OF AUBURN 25 W MAIN ST AUBURN WA 98001 ksnyder@ci.auburn.wa.us KENT CITY HALL PLANNING DEPT 220 4T" AVE S KENT WA 98032 kmarousek@ci.kent.wa.us SOLID WASTE DIV KING CO DEPT OF NATURAL RES 201 S JACKSON ST STE 701 SEATTLE WA 98104-3855 kevin.kiernan@kingcounty.gov TANYA NASCIMENTO FW PUBLIC SCHOOLS 31405 18T" AVE S FEDERAL WAY WA 98003 tnascime@fwps.org FW CHAMBER OF COMMERCE PO BOX 3440 FEDERAL WAY WA 98063 pmullen@federalwaychamber.com terih@federalwaychamber.com LARRY FAY PUBLIC HEALTH SEATTLE/KING 401 FIFTH AVE STE 1100 SEATTLE WA 98104 larry.fay@kingcounty.gov BRIAN ASBURY LAKEHAVEN UTILITY DIST PO BOX 4249 FEDERAL WAY WA 98063 basbury@lakehaven.org FEDERAL WAY DISPOSAL PO BOX 1877 AUBURN WA 98071 MUCKLESHOOT INDIAN TRIBE LAURA MURPHY FISHERIES DIVISION TRIBAL ARCHAEOLOGIST ATTN ENVIRONMENTAL REVIEWER MUCKLESHOOT INDIAN TRIBE ND 39015 172ND AVE SE 39015 172 AVE SE AUBURN WA 98092 AUBURN WA 98092 laura.murphy@muckleshoot.nsn.us PIERCE CO PLNG & LAND SVCS 2401 S 35T" ST TACOMA WA 98409-7460 Pcpals@co.pierce.wa.us CRAIG GIBSON TACOMA PUBLIC UTILITIES PO BOX 11007 TACOMA WA 98411 CITY CLERK PACIFIC CITY HALL 100 THIRD AVE SE PACIFIC WA 98047 NE TAC NEIGHBORHOOD COUNCIL C/O DONNA STENGER TACOMA ECONOMIC DEV 747 MARKET ST RM 900 TACOMA WA 98402-3793 CITY OF TACOMA 747 MARKET ST STE 345 TACOMA WA 98402-3769 shirley.schultz@ci.tacoma.wa.us AUBURN SCHOOL DISTRICT 915 FOURTH NE AUBURN WA 98002 mnewman@auburn.wednet.edu PUBLIC WORKS DIRECTOR ALGONA CITY HALL 402 WARDE ST ALGONA WA 98001-8505 HAYES ALEXANDER PLNG CHAIR NORTHEAST TACOMA NEIGHBORHOOD COUNCIL 5308 RIDGE DR NE TACOMA WA 98422 hayes18@nventure.com CITY OF EDGEWOOD CITY OF LAKEWOOD CITY OF MILTON 2224 104 AVE E 10510 GRAVELLY LK DR SW STE 206 1000 LAUREL ST EDGEWOOD WA 98372-1513 LAKEWOOD WA 98499-5013 MILTON WA 98354 cityhall@cityofedgewood.org MONICA ADAMS WASH ENVIRON COUNCIL FRIENDS OF THE HYLEBOS PIERCE TRANSIT 1402 3RD AVE STE 1400 PO BOX 24971 PO BOX 99070 SEATTLE WA 98101-2179 FEDERAL WAY WA 98093 LAKEWOOD WA 98499-0070 madams@piercetransit.org CITY OF SEATAC 4800 S 188T" ST SEATAC WA 98188 jdodge@ci.seatac.wa.us CITY OF BURIEN 415 SW 150T" ST BURIEN WA 98166-1957 scottg@burienwa.gov WATER DISTRICT #54 922 S 219T" ST DES MOINES WA 98198-6392 WATER DISTRICT #111 27224 144T" AVE SE KENT WA 98042-9058 LORI KITTREDGE METRO TRANSIT KSC-TR-0413 201 S JACKSON ST SEATTLE WA 98104-3856 SAM PACE SEA/KING CO ASSOC/REALTORS 29839 154T" AVE SE KENT WA 98042-4557 sampace@concentric.net FEDERAL WAY MIRROR 31919 1 ST AVE S STE 101 FEDERAL WAY WA 98003 SEATTLE PI 2601 ELLIOTT AVE STE 300A SEATTLE WA 98121 CITY OF DES MOINES 21630 11T" AVE S DES MOINES WA 98198 CITY OF FIFE 5411 23RD ST E FIFE WA 98424 HIGHLINE WATER DISTRICT PO BOX 3867 KENT WA 98032-0367 mfossos@highlinewater.org COVINGTON WATER DISTRICT 18631 SE 300T" PL KENT WA 98042-9208 DOUG CORBIN PSE 6905 S 228T" ST KENT WA 98032 LEAGUE OF WOMEN VOTERS OF SOUTH KING COUNTY PO BOX 66037 BURIEN WA 98166 info@seattlelwv.org FEDERAL WAY NEWS 14006 1 ST AVE S STE B BURIEN WA 98168 CITY OF NORMANDY PARK 801 SW 174T" ST NORMANDY PARK WA 98166 TERRY LUKENS BELLEVUE COUNCIL OFFICE PO BOX 90012 BELLEVUE WA 98009-9012 council@bellevuewa.gov MIDWAY SEWER DISTRICT PO BOX 3487 KENT WA 98032 ken@midwaysewer.org HOLLY WILLIAMSON OLYMPIC PIPELINE CO 2319 LIND AVE SW RENTON WA 98055 JILL GASTON REALTY SPEC BPA REAL PROPERTY 28401 COVINGTON WAY SE KENT WA 98042 MICHAEL FELDMAN AVIATION PLANNING SEATAC PO BOX 68727 SEATTLE WA 98168-0727 ATTN NEWSROOM TACOMA NEWS TRIBUNE 1950 S STATE ST TACOMA WA 98405 newstips@thenewstribune.com XERg E r. Q DLNG-&-LANQ SVOS a may ow ��,■■ _■ a � t a " 1 a l ■•■� J WSDOT €n� �I,onAIAACAITaI _ a�� lt?C p Cr_4 II ❑TC] ro 3- ��XM-PI See WSDOT rep. above I ■ NE- i L, F, PEL"I ElLky.i !•.a ■ i l A A ■ a !� l i i • �•�■ a 1' Mn ■ + .. .��■ M.p,,} -R raCOMA N-E4Gf4BgRWQ NO T�� 473E NE 42 , T-ASOMA-VV --9942-2- mul lyjAK.. �. r ■ ■ + NO i i ■ A 1 l ■,', ■■ Updated May 2, 2013 w Vicinity Map Kitts Corner Multi -Family Development Project Site: 1100 Block South 336t" Street, Federal Way, WA November 8, 2013 CITY OF OF Federal Way I, Zt OA �Arr' Washington, that a: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 81h Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.citvoffederalwqv.com DECLARATION OF DISTRIBUTION hereby declare, under penalty of perjury of the laws of the State of A Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed ❑ e-mailed and/or P posted to or at each of the attached addresses on 1 � 2013. } L,b rAr f L L J� Ault S. C: k VLI Project Name V �� M J L - File Number(s) 13 - 16 < �' V 0 b - Le `G 111 C� , S v. Signature Gam" Date t ka K:\CD Administration Files\Declaration of Distribution.doc/Last printed 6/28/2013 8:27:00 AM Mr. Isaac Conlen 3 October 2013 Page 3 of 9 The current development proposal will not result in any permanent wetland or wetland buffer impacts to Wetlands 1 or 2 or to the buffer for Tributary 0014A. There will be temporary wetland and wetland buffer impacts and minor buffer intrusions resulting from construction of the proposed multifamily development. These wetland and buffer impacts are described in more detail in the sections below. Temporary Wetland impacts The project will result in approximately 207 sf of temporary wetland impacts resulting from construction of a new sewer line to serve the new development. This sewer line will run eastward from the development and will tie into a manhole for an existing sewer line running east -west within an easement through Wetland 2. The manhole is approximately 12 feet inside the wetland, thus a small portion of wetland will be impacted in order tie in to the existing sewer system and provide sewer service to the new development. FWRC 19.175.030(4) allows for the approval of land surface modifications, improvements, or intrusions within regulated wetlands if the proposed work meets certain criteria. These criteria, contained in FWRC 19.175.030(4)(a) through (i), are listed below in bold text, followed by an explanation of how the intrusion for the proposed sewer line meets these criteria for approval. (a) It will not adversely affect water quality; The proposed sewer line will not adversely affect water quality within Wetland 2. The disturbance area within the wetland will be minimal (approximately 200 so and the ground disturbing impacts necessary to excavate for the sewer line will be temporary. The work will be performed during the dry season to minimize impacts to water quality, and all disturbed soils will be stabilized and revegetated once work is complete. (b) It will not adversely affect the existing quality of the wetland's or buffer's wildlife habitat; The proposed work will not adversely affect the existing quality of the wildlife habitat within Wetland 2. All construction impacts are temporary and the disturbed portions of Wetland 2 will be restored and revegetated with native wetland trees and shrubs. (c) It will not adversely affect drainage or stormwater retention capabilities; The area of construction impacts will be restored to original grades once sewer line installation work is complete, and no permanent fill will be placed within Wetland 2. Therefore, the proposed work will not adversely affect the drainage or storm water retention capabilities of Wetland 2. (d) It will not lead to unstable earth conditions nor create erosion hazards; The proposed work will not lead to unstable earth conditions nor create erosion hazards. Proposed construction impacts will be temporary, all grades will be restored to original conditions, all disturbed soils will be stabilized and fully revegetated, and the work will be performed during the dry season. (e) It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, including the loss of open space; The sewer line installation will not be materially detrimental to any other property in the area of the project site nor to the City as a whole. There will be no impacts beyond the immediate Talasaea Consultants, Inc. -- Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98077 • Bus: (425)861-7550 Fax: (425)861-7549 Mr. Isaac Conlen 3 October 2013 Page 4 of 9 area of the proposed work. As discussed above, the impacts will be temporary and all disturbed wetland areas will be fully stabilized and revegetated with native wetland trees and shrubs. No open space will be lost as a result of the proposed work. (f) It will result in no net loss of wetland area, function, or value; There will be no net loss of wetland area, function, or value resulting from the proposed sewer line installation. No permanent fill will be placed in the wetland, and the disturbed portion of the wetland will be fully restored by grading to match pre -construction contours and fully revegetating all disturbed areas with native wetland trees and shrubs. (g) The project is in the best interest of the public health, safety, or welfare; The proposed sewer line installation is in the best interest of the public health, safety, and welfare. It is a necessary part of the infrastructure for the proposed Kitts Corner Multifamily development in order to preserve public health, safety, and welfare. (h) The applicant has demonstrated sufficient scientific expertise and supervisory capability to carry out the project; and The Applicant (DevCo) has retained Talasaea Consultants as their professional wetland consultant to provide scientific expertise and supervisory capability in regards to the proposed critical areas impacts and mitigation. Talasaea Consultants specializes in aquatic resource impacts and mitigation, and has the professional scientific staff and project experience necessary to design, plan, and oversee the installation of critical areas restoration and mitigation projects. (1) The applicant is committed to monitoring the project and to making corrections if the project fails to meet projected goals. The final detailed mitigation plan (to be prepared as part of the final construction drawing submittal) will describe the proposed restoration for temporary critical areas impacts (wetland impacts and buffer intrusions) and will outline a long-term maintenance and monitoring plan pursuant to the requirements of FWRC 19.175.030. The Applicant will adhere to the maintenance and monitoring requirements outlined in the final detailed mitigation plan, and will post a maintenance and monitoring bond as required by the City. The mitigation will be monitored for the required 5 years, and monitoring reports will be prepared and submitted to the City each year as required. If the project fails to meet performance standards during the monitoring period, the Applicant will implement necessary contingency measures based on the contingency plan that will be provided in the final detailed mitigation plan report in order to meet the mitigation goals, objectives, and performance standards for the project. Wetland Buffer Intrusions In addition to temporary wetland impacts, the project will also result in minor intrusions into the buffers for Wetland 1 and Wetland 2. These intrusions include: 1) temporary impacts due to clearing and grading, 2) temporary impacts due to sewer line installation, and 3) minor improvements in the form of a soft -surface pedestrian path (the path is required by the City of Federal Way to provide for useable open space). These intrusions are described in more detail below. Clearing and Grading Impacts: Talasaea Consultants, Inc. -- Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98077 9 Bus: (425)861-7550 Fax: (425)861-7549 Mr. Isaac Conlen 3 October 2013 Page 5 of 9 Many of the constructed elements of the Project will be located adjacent to wetland buffers in order to maximize the density of the site per RM zoning requirements. Some temporary impacts to wetland buffers will occur in order to tie proposed grades into existing grades and to provide sufficient working area for the construction of retaining walls, buildings, parking lots, and other project elements. All buffer impacts will be the minimum necessary to construct the necessary project infrastructure. In total, construction of the Project will result in approximately 4,388 sf of temporary impacts to the Wetland 1 buffer, and approximately 4,178 sf of temporary impacts to the Wetland 2 buffer due to clearing and grading activities. Buffer impacts to Wetland 1 will result from construction of a retaining wall along the north wetland boundary and grading impacts along the east and south wetland boundaries. The wall will only result in temporary buffer impacts approximately 2-3 feet wide at the toe of the wall. The grading impacts will average 3-5 feet wide on the east edge of the buffer, and will extend into the buffer between 13 and 15 feet at two places along the southeast buffer edge. Temporary buffer impacts to Wetland 2 will result from clearing and grading all along the west edge of the buffer, as well as from the installation of two stormwater dispersion trenches at the edge of the buffer. The clearing and grading impacts will only encroach about 2 to 5 feet into the buffer. The buffer encroachment associated with the two dispersion trenches will extend out further. The southern dispersion trench encroachment will be approximately 12 feet wide. The northern dispersion trench encroachment will be upwards of 20 feet wide. See Figure 1 for a plan depicting the extent of the buffer impacts due to clearing and grading. Pursuant to FWRC 19.175.040(6), improvements or land surface modifications may be allowed within buffers for regulated wetlands through Process III if the work meets the criteria contained in this section. This criteria is listed below in bold text, followed by an explanation of how the proposed clearing and grading work meets each criterion. a) It will not adversely affect water quality; The clearing and grading work and the installation of the dispersion trenches are not likely to adversely affect water quality. These intrusions will be located within the outer perimeter of the buffers for Wetlands 1 and 2. No toxic materials will be placed in the buffers as part of this work. Any fill associated with the grading will be cut from other portions of the site or will be clean imported fill, and the dispersion trenches will receive only clean rooftop runoff to be dispersed and infiltrated within the buffer. Temporary erosion and sediment control (TESC) measures, such as silt fencing at the clearing and grading limits, will be installed pursuant to the TESC plan prepared by the civil engineer, which will protect the buffers and wetlands from construction site runoff. All disturbed buffer areas will be fully stabilized and revegetated with native trees and shrubs once construction is complete, which will prevent any long-term impacts to water quality. b) It will not adversely affect the existing quality of the wetland's or buffer's wildlife habitat; The clearing and grading work and the installation of the dispersion trenches are not likely to adversely affect the existing quality of the wetland's or buffer's wildlife habitat. All disturbed buffer areas (with the exception of the dispersion trenches) will be fully restored and revegetated with native trees and shrubs with the goal of achieving equal or better wildlife habitat. The dispersion trenches will not be planted and will be maintained as vegetation free to ensure their proper functioning. Talasaea Consultants, Inc. -- Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98077 6 Bus: (425)861-7550 Fax: (425)861-7549 Mr. Isaac Conlen 3 October 2013 Page 6 of 9 c) It will not adversely affect drainage or stormwater retention capabilities; The clearing and grading work and the installation of the dispersion trenches are not likely to adversely affect the drainage or stormwater retention capabilities of the on -site wetlands or buffers. The installation of the dispersion trenches and the minor grading at the buffer perimeters will not result in any impediments or significant changes to the existing drainage pattems within the wetlands or the buffers, and the existing surface drainage pattems will be maintained. No depressional areas that currently provide stormwater detention functions will be filled. Discharge from the dispersion trenches will follow the existing surface drainage patterns within the buffer. d) It will not lead to unstable earth conditions nor create erosion hazards; and The clearing and grading work and the installation of the dispersion trenches are not likely to lead to unstable earth conditions or erosion hazards. All proposed grading will have slopes not to exceed 3:1. All disturbed soil areas will be temporarily stabilized with 3 inches of mulch or other methods approved by the TESC plan, and will be pennanently stabilized and planted with native trees and shrubs once construction is complete. The dispersion trenches are designed to disperse stormwater flows over a wide area so as not create any concentrated surface flows that might cause erosion. The stormwater dispersion trenches are also designed to directly infiltrate the majority of the discharge for all but the largest of flows. Larger flows may result in some surface sheet flow from the dispersion trenches if they completely fill with water, but they are designed to be of sufficient length (approx. 53 If) to ensure that any surface sheet flows will be sufficiently dispersed. e) It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, including the loss of open space. The clearing and grading work and the installation of the dispersion trenches will not be materially detrimental to any other property in the area of the project site nor to the City as a whole. There will be no impacts from these proposed improvements beyond the immediate area of the work. As discussed above, the impacts will primarily be temporary and disturbed buffer areas will be fully restored and planted. No open space will be lost as a result of the proposed work. Utility Line Installation: Temporary buffer impacts will also occur due to construction of the sewer line extension. This new sewer line will tie into an existing sewer manhole within Wetland 2, as described in the wetland impacts section above. The sewer line will be routed through the middle portion of the buffer for Wetland 2 in order to tie in to the manhole and provide sewer service to the new development. Installation of the sewer line will disturb an approximately 10-foot wide corridor along its alignment within the buffer for Wetland 2. This will result in approximately 1,163 sf of temporary buffer impacts, in addition to the temporary grading impacts along the buffer perimeter described above. Utility lines are allowed within buffers pursuant to FWRC 19.175.040(3), which states the following: The director of community development may permit the placement of an essential public facility, public utility, or other public improvements in a regulated wetland buffer if he or she determines that the line or improvement must traverse the buffer because no feasible or alternative location exists based on an analysis of technology and system efficiency. The Talasaea Consultants, Inc. -- Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98077 • Bus: (425)861-7550 Fax: (425)861-7549 Mr. Isaac Conlen 3 October 2013 Page 7 of 9 specific location and extent of the intrusion into the buffer must constitute the minimum necessary encroachment to meet the requirements of the public facility or utility. The proposed sewer line alignment through the buffer for Wetland 2 is the most feasible and cost effective alternative to provide sewer service to the new multifamily development. The existing sewer line, which is in an existing utility easement in Wetland 2, has an existing man hole, which is located approximately 115 feet east of the new development. The alternative options for providing sewer service would involve connecting to an existing sewer line to the south of the project site. This would require the new sewer line to follow a longer distance to tie in to an existing sewer line and would also require an easement to be secured from the adjacent property owner to the south. In addition, the Settlement Agreement and Covenant between Campus Gateway Associates and the City of Federal Way, effective 15 May 1996, states that the property owners (collectively known as Campus Gateway Associates) may "disturb wetland areas on the Property and Easement to make future connections to any existing sanitary sewer lines so long as such action does not interfere with Grantee's use, is in compliance with all applicable laws and codes, and after obtaining all necessary permits and approvals". All buffer areas cleared/graded and otherwise disturbed due to sewer line installation will be fully restored and revegetated with native upland buffer vegetation post -construction. See the description of proposed mitigation below for additional information. Soft -Surface Pedestrian Trail Improvements: The only permanent improvement proposed in the buffer is a soft -surface pedestrian trail with several viewpoints with benches and interpretive signs. This trail is part of the open space plan for the proposed development, and is necessary in order to meet the useable open space requirements for multifamily development under FWRC 19.205.040. The trail is located within an approximately 56,500 sf portion of the western side of the Wetland 2 buffer that will be counted as part of the useable open space area on the project site. It will be approximately 5 feet wide and will be surfaced with wood chips. It is located in the outer 50 percent of the Wetland 2 buffer to minimize impacts to the more sensitive interior portion of the buffer and the wetland itself. The Wetland 2 buffer in this vicinity of the trail alignment is forested with relatively mature conifer forest, with some mixed deciduous -coniferous forest and scrub -shrub at the extreme northern end. The approximate proposed trail alignment is shown on the attached Figure 1. The exact alignment of the trail will be refined on the final landscape plans for the project, and the final alignment will be staked in the field to avoid all existing trees, as well as areas of significant native vegetation to the greatest extent practicable. Only minimal clearing and grubbing of vegetation and surface duff will be done to prepare the trail surface. Pursuant to FWRC 19.175.040, minor improvements such as footbridges, walkways, and benches may be located within the buffer for a regulated wetland if the proposed improvements meet certain criteria. These criteria are listed below in bold text, followed by an explanation of how the proposed pedestrian trail meets these criteria in italic text: f) It will not adversely affect water quality; The proposed trail and viewpoints will be constructed using wood chips as a surfacing material. By using wood chips, the trail will not be an impervious surface that could leach out pollutants or other potentially toxic chemicals. The trail will be maintained using additional layers of wood chips, as necessary and simple hand -removal of weeds. Additionally, no trees will be removed to construct the trail. We expect to remove some small shrubs and groundcover plants in some areas to align the trail, but vegetation removal will be the Talasaea Consultants, Inc. -- Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98077 • Bus: (425)861-7550 Fax: (425)861-7549 Mr. Isaac Conlen 3 October 2013 Page 8 of 9 minimum necessary, and no grading, excavating, or compacting of native topsoil will occur during the trail construction. The water quality functions of the buffer will not be diminished as a result of the proposed trail construction. g) It will not adversely affect the existing quality of the wetland's or buffer's wildlife habitat; The proposed trail and viewpoints within the Wetland 2 buffer will not encroach upon or disturb any wetland habitat. Wildlife habitat associated with the on -site wetland areas is not likely to be adversely affected by the trail and viewpoints in any significant way. The proposed trail route will avoid large trees and generally will stay within areas currently vegetated with small shrubs and/or groundcover. Avoiding damage to large trees and shrubs will help preserve the quality of wildlife habitat within the upland buffer area. The footprint of the trail (approximately 5,100 so will be very small compared to the total on site area of Wetland 2 buffer (approximately 233,570 so, thus the overall impact to the existing habitat in the buffer should not be significant. In addition, the trail will be located only within the outer 50 percent of the buffer, which will help avoid disturbance to the more sensitive habitat closer to and within the wetland. h) It will not adversely affect drainage or stormwater retention capabilities; The proposed trail and viewpoints will be constructed out of wood chips and will not entail any significant grading, excavating, or compacting of native topsoil within the buffer, thus the trail is not likely to adversely affect the drainage or stormwater retention capabilities of the buffer. i) It will not lead to unstable earth conditions nor create erosion hazards; and The trail and viewpoint construction will not involve any additional grading, excavating, or compacting of native topsoil. The preliminary trail alignment shown on the plans will be refined and laid out in the field to generally follow the contours of the land, which will help prevent unstable earth conditions or erosion hazards. The use of wood chips as the surfacing material will prevent stormwater from becoming concentrated and directed towards hydrologic low areas. Thus, the proposed wood chip trail and viewpoint locations are not anticipated to create any erosion hazards. j) It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, including the loss of open space. The proposed trail and viewpoints will be constructed entirely on property owned by the Applicant and will not directly affect any adjacent properties. As mentioned in our response to Item (d), no significant grading, excavation, or compaction of native topsoil will occur during construction of the trail. No existing native trees will be removed, which could increase the risk of soil erosion through loss of canopy coverage and root mass. The proposed wood chip trail and viewpoints will not alter the local hydrology or geologic stability of the immediate area, and therefore pose no appreciable risk of damage to other properties in the general area, or to the city as a whole. In addition, no open space will be lost as a result of this proposal. The installation of the trail will in fact enhance the value of the open space on the project site by making an approximately 56,500 sf portion of buffer accessible to the development's residents as passive open space where they can interact with and experience the natural environment without causing significant impact. Talasaea Consultants, Inc. -- Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98077 • Bus: (425)861-7550 Fax: (425)861-7549 Mr. Isaac Conlen 3 October 2013 Page 9 of 9 Proposed Miti aq tiorl Pursuant to FWRC 19.175.030(5), and FWRC 19.175.040(7), a detailed mitigation plan report and full-size mitigation drawings will be prepared upon preliminary approval of the proposed site plan and the proposed critical areas impacts. No permanent wetland or wetland buffer impacts are proposed that will require additional compensatory mitigation pursuant to FWRC Chapter 19.125. The goal of the proposed mitigation will be to restore the disturbed areas of wetland and wetland buffer, with the exception of the proposed woodchip pedestrian trail, to their native, vegetated, pre -construction conditions in order to maintain no net loss of ecological functions and values for these areas. All exposed soils will be stabilized with mulch, planting areas will be amended with topsoil or soil amendments as needed depending on existing soil conditions, and native upland and/or wetland trees and shrubs will be planted to revegetate disturbed areas. The final detailed mitigation plan will include the following information, as required by FWRC 19.175.030(5): • Environmental goals and objectives; • Performance standards; • Detailed construction plans; • Timing; • Monitoring program for a minimum of five years; • Contingency plan; and ■ A performance and maintenance bond in an amount of 120 percent of the costs of implementing the mitigation plan or the contingency plan, whichever is greater. We trust that the information contained herein will be sufficient to allow for the initial Process III review of the proposed critical areas impacts and mitigation on the Kitts Corner Multifamily project. If you have any questions or need any other additional information, please contact Ann Olsen or me at 425- 861-7550, or via email at aolsen@talasaea.com or deesdale@talasaea.com. Sincerely, TALASAEA CONSULTANTS, INC. David Teesdale Senior Ecologist Attachments: Figure 1: Preliminary Impacts and Mitigation Overview Plan cc: Tom Neubauer, Devco, Inc. Matt Hough, CPH Consultants file Talasaea Consultants, Inc. -- Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98077 • Bus: (425)861-7550 Fax: (425)861-7549 NE 1/4, SEC. 20, TWP. 21N, ROE. 4E, NM I � � 1 N. WETRIBUTARY5 7 — ee EXISTING SEWER r I , MANHOLE 0 TEMPORARY AGGE55 ROAD I NETLAND 2 106,G72 5F ON SITE GATE60RY II j II I'II �£ BLA - I cI EXI5TING GRAVEL I AGGE55 ROAD, TYP. ' PROP05ED f SEWER PROP05ED LINE — ' Y4006GHIP —� 1 PEDESTRIAN PROPOSED l — ' TRAIL i p15PER5lON � , TAENGH Tr PROPOSED t z \ TFZENrH • — 1OO' &� RETAININ \ WAT L I l e 0 Isl , 1 1 I 1 I oo' BUFFER GLEARING 4 i I GRADING — I LIMIT, TYP. ] j �. . . . . . . . . . 1'-- ell FLAN L.ONI:� _ r • a M I NUK M —t—=K INTRUSIONS DUE TO CLEARING B GRADING. D I5TURBED BUFFER AREAS TO BE FULLY RESTORED WITH NATIVE UPLAND VEGETATION WETLAND I 4,35b SF WETLAND 2 4,178 SF MINOR BUFFER INTRUSIONS DUE TO SEWER LINE GON5TRUGTION. DISTURBED BUFFER AREAS TO BE FULLY RESTORES WITH NATIVE UPLAND VEGETATION 1,165 SF TEMPORARY WETLAND IMPACTS DUE TO SEWER LINE CONSTRUCTION. DISTURBED WETLAND AREAS TO BE FULLY RESTORED WITH NATIVE 5GRUB-51-11RUB/FORE5TED WETLAND VEGETATION 207 SF MINOR BUFFER INTRUSIONS DUE TO PEDESTRIAN TRAIL GONSTRUGTION. NO MITIGATION REQUIRED; TRAIL CONSTRUCTION WILL MEET THE CRITERIA OF FWRG Iq.175.040(4) 5,535 SF — ! PROJECT SITE E30UNDARY C RAFH I G SCALE IN FEET ) , ' WETLAND k , 100' BUFFER , - 013,320,5F CAN SITE; ` � EXISTING WETLAND 1 I C�; : , ; , GATEORY ,I I . ' . .I i _—. r � _� • — — — ____ .—. �. — WETLAND BUFFER O 30 60 I0 � Z SCALE. I=60 EXISTING STREAM CENTERLINE f' / M1 1 1 %• I ' ' . • ' — FIGURE #1 TALASAEA -_ CONSULTANTS, INC. PRELIMINARY IMPACTS MITIGATION OVERVIEW PLAN Resource & Environmental Planning KITTS CORNER MULTIFAMILY - _ 15020 Bear Creek Road Northeast FEDERAL WAY, WA5HINGTON • - -^ Woodinville, Washington 98077 Bus (425)861-7550 — Fax (425)861-7549 DESIGN I DRAWN AD I AB5 SCALE A5 SHOWN DATE 10-5-2015 REVISED a I PROJECT 1422 i Copyright - Talasaea Consultants, INC. RECEIVED JAN 2 5 Z016 TALASAEA CITY OF FEDERAL WAY CD5 CONSUIUANTS, INC. 25 January 2016 TAL1422 Mr. Jim Harris Contract Planner City of Federal Way 33325 81h Avenue South Federal Way, WA 98003-6325 REFERENCE: Kitts Corner, Federal Way, WA SUBJECT: Final Approval of the Buffer Mitigation Areas Dear Jim: Thank you for meeting me last week to review the wetland buffer mitigation areas at Kitts Corner. As we discussed, 98 percent of the buffer mitigation work is located in Phase 1 and this portion is completed. Only two small areas of buffer restoration are located in Phase 2 and they will be completed shortly. Some minor deviations were made to the approved plan due to the extent of homeless encampments found during the clearing and grubbing and the density of blackberry. We modified the planting to reflect these changes. These changes will be reflected on the as -built plans. Baseline Assessment A baseline assessment of the mitigation areas is required following construction completion. We will collect the baseline data this spring after the installed plants have leafed out. During the baseline assessment, a minimum of four (4) vegetation plots and/or transects will be established to provide a reference for future monitoring of plant survival and percent cover. The baseline evaluation will include: 1) an overall assessment of the functioning of the mitigation areas, 2) a general description of the conditions of the installed plant materials, and 3) habitat feature documentation, and 4) four photo -documentation points will be located on the site. Locations of the vegetation sampling plots and photo -points will be illustrated on a figure in the baseline assessment report. The baseline assessment report and as -built drawings will be prepared and submitted to the City this spring. Performance Monitorin Performance monitoring of the mitigation areas will be conducted for a period of five years. Monitoring events will be conducted according to the schedule presented in Table 1 below. Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98077 • Bus: (425)861-7550 Fax: (425)861-7549 Mr. Jim Harris 25 January 2016 Page 2 of 5 Table 1. Protect Year Schedule for Performance Monitorin and Maintenance Events Baseline Assessment 1 2 4 Date Maintenance PerformancebReportDue toReview MonitorinciesS rin 2015 X XFall 2015 X XS rin 2016 ' X XFall 2016 X X Sprin2 2017 X Fall2017 X X i X Spring 2018 X l X Fall 2018 X X S rin 2019 X j Fa112019 X X X. 5 *Obtain final approval to facilitate' bond release from the City of Federal Way (presumes performance criteria are met). Monitoring Reports The reports will include: 1) Project Overview, 2) Mitigation Requirements, 3) Summary Data, 4) Maps and Plans, and 5) Conclusions. If the performance criteria are met, monitoring for the City will cease at the end of year five, unless objectives are met at an earlier date and the City accepts the mitigation project as successfully completed. Vegetation Permanent vegetation sampling plots, quadrats, and/or transects will be established at selected locations to adequately sample and represent all of the plant communities within the mitigation project areas. The number; exact size, and location of transects, sampling plots, and quadrats will be determined at the time of the baseline assessment. Percent areal cover of woody vegetation will be evaluated through the use of point - intercept sampling methodology. Using this methodology, a tape will be extended between two permanent markers at each end of an established transect. Trees and shrubs intercepted by the tape will be identified, and the intercept, distance recorded. Percent cover by species will then be calculated by adding the intercept distances and expressing them as a total proportion of the tape length. The established vegetation sampling locations will be monitored and compared to the baseline data during each performance monitoring event to aid in determining the success of plant establishment. Percent survival of shrubs and trees will be evaluated in a 10-foot-wide strip along each established transect. The species and location of all shrubs and trees within this area will be recorded at the time of the baseline assessment, and will be evaluated during each monitoring event to determine percent survival. Photo Documentation Locations will be established within the mitigation areas from which panoramic photographs will be taken throughout the monitoring period. These photographs will document general appearance and relative changes within the plant communities. Review of the photos over time will provide a semi -quantitative representation of the success of the planting plan. Vegetation sampling plot and photo -point locations will be shown on a map and submitted with the baseline assessment report and yearly performance monitoring reports. Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98077 • Bus: (425)861-7550 Fax: (425)861-7549 Mr. Jim Harris 25 January 2016 Page 3 of 5 Wildlife Birds, mammals, reptiles, amphibians, and invertebrates observed in the mitigation areas (either by direct or indirect means) will be identified and recorded during scheduled monitoring events, and at any other times observations are made. Direct observations include actual sightings, while indirect observations include tracks, scat, nests, song, or other indicative signs. The kinds and locations of the habitat with greatest use by each species will be noted, as will any breeding or nesting activities. Performance Standards The primary goals of the mitigation plan are as follows: Restore the functions and values of the wetland buffer lost due to temporary impacts from site construction by restoring approximately 6,919 sf of buffer area, and Enhance buffer functions and values in approximately 31,214 sf of existing vegetated buffer area in order to provide a passive recreation amenity consistent with City guidelines and open space requirements. Mitigation monitoring will be performed by a qualified wetland biologist/ecologist. Performance Standard Al: At least 15 species of desirable native plants will be present in the buffer restoration and enhancement areas during the monitoring period. Percent survival of planted woody species must be at least 100% at the end of Year 1 (per contractor warranty), and at least 80% for each subsequent year of the monitoring period. Performance Standard A2 buffer restoration areas onl *: Native woody species (planted or volunteer) in the restored buffer areas shall achieve an average stem density of at least 0.03 stems per square foot by the end of Year 1 and an average stem density of at least 0.04 stems per square foot by the end of Year 3. Total percent aerial woody plant coverage in the restored buffer areas must be at least 35% by Year 4 and 50% by Year 5. Woody coverage may be comprised of both planted and recolonized native species; however, to maintain species diversity, at no time shall a single recolonized species (i.e., red alder) comprise more than 35% of the total woody coverage. There must be at least three native species providing at least 20% cover each, or four native species providing at least 15% cover each, or five native species providing at least 10 % cover each of the total aerial woody plant coverage. Performance Standard A3: Invasive weedy species shall be less than 15 percent of total areal coverage for any year during the monitoring period within the buffer restoration and enhancement areas. These species include, but are not limited to, Scot's broom, Himalayan and evergreen blackberry, reed canarygrass, purple loosestrife, hedge bindweed, knot -weed sp., and creeping nightshade. Additional species requiring control may be designated by the City or by Talasaea Consultants during the monitoring period. *Note: The coverage performance standard is not applicable to existing vegetated buffer enhancement areas because these areas already have 100% aerial coverage of woody plant material. Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98077 • Bus: (425)861-7550 Fax: (425)861-7549 Mr. Jim Harris 25 January 2016 Page 4 of 5 Maintenance M and Contingency C Regular maintenance reviews will be performed according to schedule presented in Table 1 to address any conditions that could jeopardize the success of the mitigation project. Following maintenance reviews by the biologist or ecologist, required maintenance on the site will be implemented within ten (10) business days of submission of a maintenance memo to the maintenance contractor and permittee. Established performance standards for the project will be compared to the yearly monitoring results to judge the success of the mitigation. If, during the course of the monitoring period, there appears to be a significant problem with achieving the performance standards, the permittee shall work with the permitting agencies to develop a Contingency Plan in order to get the project back into compliance with the performance standards. Contingency plans can include, but are not limited to, the following actions: additional plant installation, erosion control, modifications to hydrology, and plant substitutions of type, size, quantity, and/or location. If required, a Contingency Plan shall be submitted by December 31st of any year when deficiencies are discovered. The following list includes examples of maintenance (M) and contingency (C) actions that may be implemented during the course of the monitoring period. This list is not intended to be exhaustive, and other actions may be implemented as deemed necessary. • During year one, replace all dead woody plant material (M). • Water all plantings at a rate of 1" of water every week between June 15 — October 15 during the first two years after installation, and for the first two years after any replacement plantings (C & M). • Replace dead plants with the same species or a substitute species that meets the goals and objectives of the mitigation plan, subject to Talasaea and agency approval (C). • Re -plant area after reason for failure has been identified (e.g., moisture regime, poor plant stock, disease, shade/sun conditions, wildlife damage, etc.) (C). • After consulting with City staff, minor excavations, if deemed to be more beneficial to the existing conditions than currently exists, will be made to correct surface drainage patterns (C). • Remove/control weedy or exotic invasive plants (e.g., Scot's broom, reed canarygrass, Himalayan blackberry, purple loosestrife, Japanese knotweed, etc.) by manual or chemical means approved by permitting agencies. Use of herbicides or pesticides within the mitigation area would only be implemented if other measures failed or were considered unlikely to be successful, and would require prior agency approval. All non-native vegetation must be removed and disposed of off -site. (C & M). • Weed all trees and shrubs to the dripline and provide 3-inch deep mulch rings 24 inches in diameter for shrubs and 36 inches in diameter for trees (M). • Remove trash and other debris from the mitigation areas twice a year (M). • Selectively prune woody plants at the direction of Talasaea Consultants to meet the mitigation plan's goal and objectives (e.g., thinning and removal of dead or diseased portions of trees/shrubs) (M). • Repair or replace damaged structures including: signs, fences, or bird boxes (M). Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98077 • Bus: (425)861-7550 Fax: (425)861-7549 Mr. Jim Harris 25 January 2016 Page 5 of 5 Summary At this time, we are requesting final approval for Phase 1 of the buffer mitigation areas. If you have any questions, comments, or require any additional information at this time, please call me at (425) 861-7550 or email: aolsen@talasaea.com. Sincerely, TALASAEA CONSULTANTS, INC. f Ann M. Olsen, RLA Senior Project Manager cc: Steve Sullivan and Tom Smith, DevCo, Inc. Jim Waters, Heartland Construction Jamie Schroeder, CPH Consultants Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98077 • Bus: (425)861-7550 Fax: (425)861-7549 Kitts Corner Apartments Transportation Demand Management (TDM) Plan This document provides the proposed elements of a Transportation Demand Management (TDM) Plan for the proposed Kitts Corner Apartment project, located within the City of Federal Way. This TDM contains goals and a list of program elements. The applicant is expected to implement all program elements needed to meet the TDM Goals. TDM Goal The Applicant proposed a project that would of consist of constructing 216 residential units with an on -site parking supply of 357 stalls. Federal Way Revised Code (FWRC) 19.220.010 and 19.250.040 identifies minimum off-street parking requirements for proposed multifamily residential uses. This include a minimum 1.7 stalls per dwelling unit for multifamily residential. Strict application of these minimum parking requirements would result in 368 stalls for residential uses. FWRC 19.130 however, contains provisions for reductions in the requirement for off-street parking based upon demand studies, shared use potential, and site incentives or measures to reduce automobile utilization. One of the supporting features of this project is implementation of a Transportation Demand Management Plan to reduce the site's overall reliance on single -occupant vehicle use and demand for on -site parking. TDM Program Elements There are two types of program elements included in the Kitts Corner Apartments TDM; on -site design features and on -site management/programs that would be available to residents and employees. Building and Frontage Features (Physical Improvements) 1. Install commuter information center in appropriate location. The applicant would provide this commuter information center within the main building foyer of the recreational building that supports the residential apartment complex. This center would provide information on available transit services and facilities within walking distance of the site, transit route schedules, ridematching services (vanpool, carpool, etc.), on -site bicycle amenities, and contact information for the on -site Building Transportation Coordinator (BTC). 2 Construct infrastructure improvements that are consistent with the City's Design Guidelines related to the pedestrian environment. The applicant would construct an a network of public and private pedestrian walkways and crossing treatments within the site to support pedestrian access to vicinity retail/commercial uses and transit services along S 336th and for connections to recreational trails and on -site school bus stops. These facilities include direct pedestrian connections onto both S 336th and Pacific Highway S project frontages. 3 The applicant is providing an on -site shower (for residents within the recreational facility building) and bicycle parking/location facilities for bicycle users throughout the site. Kitts Corner Apartments - Transportation Management Plan 4 The project will provide 60 secured on -site parking for bicycles, 10 within the interior of the recreational building, 10 addition covered bike lockers in Recreation Open Space #4,and another 40 outside stalls throughout the site. These bicycle facilities are in direct support of the applicants TDM Plan as there is no minimum code requirement under FWRC for bicycle parking. Management & Promotion 5 Appoint Building Transportation Coordinator (BTC). The applicant shall appoint a Building Transportation Coordinator that has a permanent staff position for the complex and that is assigned to administer the requirements of this agreement. The applicant shall provide the City of Federal Way with the name, phone/fax number, and email address of the BTC at the time of receipt of Certificate of Occupancy and update the contact information annually. The applicant shall see that the BTC receives support and direction from management and the training. 6 Produce and distribute a commuter information packet (CIP). A commuter information packet (CIP) that contains complete information about the applicant's TDM, including transportation benefits, transportation options, HOV programs, bicycling amenities, vicinity transit services, and other elements of the TDM would be distributed to new residents and employees. Transit, Carpool & Vanpool Programs 8 Within the commuter information center, the applicant will provide information about ride -match opportunities available from public transportation agencies or any organized internally to the site by the BTC. This Agreement shall be valid only when signed and dated by all parties. Applicant: By: Kitts Corner, LLC Per: Kitts Corner Manager, LLC, Its Managing Member By: _7Date: Tom Neubauer, Manager By: For City of Federal Way Date: page 2 January 22, 2016 331�0 8rh Ave. So. Federal Way, WA 98003-6325 Tel 253.945.2000 w.wv.6ps.org Mr. Isaac Conlen City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Re: File No 13-104418-00-UP; PROCESS III APPROVAL Kitts Corner Multifamily, 1201 So. 336th St, Federal Way Dear Mr. Conlen: Federal Way Public Schools January 29, 2016 via of e-mail This letter is to inform you that Kitts Corner Multifamily has requested that Federal Way Public Schools consider an alternate access to bus stops pending the completion of the road connection from 336th to Pacific Highway, S, as required in the original SEPA response and as a condition of occupancy. In order to accommodate the families who are waiting to move in, the District is willing to provide this alternate access, with ingress into Kitts Corner from 336th (as planned) and egress through Mitchell Place to 336th on a temporary basis. It is my understanding that this alternate access has been approved by Robin Corak, CEO of the Multi -Service Center, based on the assumption that this temporary condition doesn't pose a significant disruption to the Mitchell Place tenants. A map and pictures of this alternate access is attached for your information. As this temporary access route will not accommodate a full size school bus, this exception to the SEPA condition is contingent upon a student occupancy at Kitts Corner that does not exceed 25 elementary students, 25 middle school students and 25 high school students. In addition this exception is contingent upon the developers having staff available on every school day (calendar attached) to remove and replace the bollards at Mitchell Place during these time frames: Removed by 6:30 A.M, with school bus times scheduled at 6:45 A.M., 6:57 A.M. and 8:20 A.M. Removed by 2:02 P.M, with school bus times scheduled at 2:17 P.M., 2:23 P,M. and 3:28 P.M. The District's agreement to the alternate access plan discussed above is conditioned upon DevCo Inc. and Heartland Construction agreeing in writing to defend, indemnify and hold the District harmless from any claim by any party relating to any damage to its property orfacilities or those of any other party arising from the District's use of this temporary access. This condition has been accepted via of e-mail by Noni Ervin of DevCo, Inc/Heartland Construction, Inc. Additionally it is my understanding that the work to complete the connection to Pacific Highway (paving and sidewalks) is scheduled for February 2, weather permitting. This condition of temporary access is granted through February 161i, RESUBMITTED If you have any questions, please contact meat 253-945-2042 or sinclean fw s.or . JAN 2 9 2096 CITY OF FEDERAL WAY CD5 f'€sl�owsson: Illlww:v,(<;€ek�auk.ca^�;`hv�;52"far ®TNiYer:`"ivps21�3 33330 8th Ave. So. Federal Way, WA 98003.6325 Tel 253,945.2000 www,Fwps.org Sincerely, Sally D. McLean Assistant Superintendent: Finance & Operations Federal Way Public Schools Attachments: FWPS 2015-16 School Calendar Alternate Route Site Plan cc: Devco/Heartlond/HNN Jack Hunden Noni Ervin Wendy Foster Jim Waters Tom Smith David Ratliff Stefanie Rice City of Federal Way Michael Morales Scott Sproul Jim Harris Multi -Service Center Mitchell Place Robin Corack Rue Nell McCullah Federal Way Public Schools Dr. Tammy Campbell, Superintendent Dr. Dani Pfeiffer Vince Blauser Diane Holt Cindy Wendland Michelle Turner Jo Boyer Kristi White Joni Hall Jerry Warren Federal Way Public Schools Follow us on i©wwY .:occ:3ook.con,, v ps2 i v or GTwiHer: @6ps2I0 City app lettE 1 1 Lb I i I ' � I 1 r-----T-- — — — — T 1 ' I � 1 1 _ -- R .� .. �-•-Fwr . i� 4_ v M •__� -- c e c I�E+I :'a"-� ---- ---5 1 1 rQl I NI �. r�l:lW,1A hI V l I milt f A] i� m i � n •p •`a AIM — 2G'' rARr SER¢+v & •j I - - ! REG H0. 76f2FN4K02- _ 't -11 ■ r1 ■I E r ff • F r ■ F ¢ k . . I _ t ■ f t f r r ■ t F f E ■ �% ' �" I E E ra �r7 Ag11s v r' W y. a' I I 1 ' E Z a ! 1 �- s�' Q r, RECH 97C ru �oeys . r 5 r `` n; '•_% f----�-�_ �� y 1, i K E ItiJ TpWARDS I . MET E E - EXIT P- illI I )5- E 5 1 ~� ♦ I i 4 1 , M 1 E 4 E E �f w�rr I EL f E f r F E f E ■ E E E E E E f E E E f E E E a E f E E E f r R D + A--- ROSS DECKMAN & ASSOCIATES INC. 207 FOURTH AVENUE SOUTHEAST PUYALLUP, WASHINGTON 9a372 rKORe z� � FAX: 753 I �]•SD ttT `SE9 1� 51ATE CF r!�}P1C,ON �S��1El�yBus • lan ALTERNATE r Entry from 336th at main entrance. Student pick-up and drop-off at �r � .1P' ■�R '[. • Exit through west f 1 ■i lid �IaFE ;�.;,... „� back onto 336th. ENTRY •ram 4 cy:'�� a•' ��17=�w���r r,.If.•la t r • BLU sA�&VBMITTED JAN 2 9 2016 CI?Y OF FEDERAL WAY CDS •—"�•— REVISIONS q�1 Mal Kiosk Reslzed . _ g6y1 Permit Revew 1-Rm q� P.-It Review 2-D qte Pinning Review F qgbp Added R°°IS 1 • ■ • j JOB NO.: 1233 I ISSUE DATE: 9A2013 REVISED: 3.31,2015 DRAWN BY: jM SHEET --.j P ��l -I& CITY OF Federal Way NOTICE OF MASTER LAND USE APPLICATION Project Name: Kitts Comer Multi -Family Project Description: Proposed construction of 218 multi -family residential dwelling units with vehicular access to South 336"' Street and Pacific Highway South, including a recreation building, stormwater facilities, parking, and landscaping. Applicant: Jack Hunden, Devco Inc. Project Location: 1100 Block of South 336'h Street (south side of 336'h), Federal Way, WA 98003 Date Application Received: October 4, 2013 Date Determined Complete: October 31, 2013 Date of Notice of Application: November 8, 2013 Comment Due Date: November 25, 2013 Permits Under Review: Use Process III (File 13-104418-UP); Environmental Determination (File 13- 104419-SE); and Transportation Concurrency (File 13-104420-CN) Existing Environmental Documents: Preliminary Wetland Impact Analysis and Mitigation Plan, Limited Scope Traffic Impact Analysis. Required Studies: Traffic Impact Analysis; Preliminary Technical Information Report; Wetland Delineation and Mitigation Plan; and Parking Study. Development Regulations Used for Project Mitigation: Federal Way Revised Code (FWRC) Title 14, "Environmental Policy," Title 16 "Surface Water Management," and Title 19 "Zoning and Development Code." Public Comment & Appeals: Any person may submit written comments regarding the application to the Director of Community and Economic Development by 5:00 p.m. on November 25, 2013. Only persons who submit written comments to the director (address below) or specifically request a copy of the decision, may appeal the decision. Details of appeal procedures for the requested land use decision will be included with the written decision. Availability of File: The official project file and environmental documents are available for public review during normal business hours at the Department of Community and Economic Development (33325 8`h Avenue South, Federal Way, WA 98003). City Staff Contact: Jim Harris — Contract Planner; jim.harris ,cityoffederalway.com, or 253-835-2652 Published in the Federal Way Mirror November 8, 2013. Doc. I.D. 64474 �I 5 99 S 304th St f S 308th St Q; - }S S3i2thSt L' ' � s S 320th St � N - N z, S 324th St ° ' U• I 4y f FL _ S234th_ ht y CC" I� �a P Sleet Q Dr 18 S 3.48th t N G? 99 t �o .5 (Not to Scale) Vicinity Map Kitts Corner Multi -Family Development Project Site: 1100 Block South 336t" Street, Federal Way, WA November 8, 2013 CITY OF Federal flay DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.cityoftederalwc3v.corn DECLARATION OF DISTRIBUTION ereby declare, under penalty of perjury of the laws of the State of Washington, that a: 0— Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was mailed ❑ faxed ❑ e-mailed and/or ❑ posted to or at each of the attached addresses on Project Name I� File Numbers) Signature Date %/- 7'.2G/3 K:\CD Administration Files\Declaration of Distributian.doc/LOsl printed 6/28/2013 8:27:00 AM CITY OF Federal Way NOTICE OF MASTER LAND USE APPLICATION Project Name: Kitts Corner Multi -Family Project Description: Proposed construction of 218 multi -family residential dwelling units with vehicular access to South 336"' Street and Pacific Highway South, including a recreation building, stormwater facilities, parking, and landscaping. Applicant: Jack Hunden, Devco Inc. Project Location: 1100 Block of South 336�' Street (south side of 336), Federal Way, WA 98003 Date Application Received: October 4, 2013 Date Determined Complete: October 31, 2013 Date of Notice of Application: November 8, 2013 Comment Due Date: November 25, 2013 Permits Under Review: Use Process III (File 13-104418-UP); Environmental Determination (File 13- 104419-SE); and Transportation Concurrency (File 13-104420-CN) Existing Environmental Documents: Preliminary Wetland Impact Analysis and Mitigation Plan, Limited Scope Traffic Impact Analysis. Required Studies: Traffic Impact Analysis; Preliminary Technical Information Report; Wetland Delineation and Mitigation Plan; and Parking Study. Development Regulations Used for Project Mitigation: Federal Way Revised Code (FWRC) Title 14, "Environmental Policy," Title 16 "Surface Water Management," and Title 19 "Zoning and Development Code." Public Comment & Appeals: Any person may submit written comments regarding the application to the Director of Community and Economic Development by 5:00 p.m. on November 25, 2013. Only persons who submit written comments to the director (address below) or specifically request a copy of the decision, may appeal the decision. Details of appeal procedures for the requested land use decision will be included with the written decision. Availability of File: The official project file and environmental documents are available for public review during normal business hours at the Department of Community and Economic Development (33325 8`h Avenue South, Federal Way, WA 98003). City Staff Contact: Jim Harris — Contract Planner; jim.barris(a7cityoffederalway_.com, or 253-835-2652 Published in the Federal Way Mirror November 8, 2013. Doc. I.D. 64474 Vicinity Map Kitts Corner Multi -Family Development Project Site: 1100 Block South 336t" Street, Federal Way, WA November 8, 2013 1321800020 KRS HOLDINGS LLC 34100 9TH AVE S FEDERAL WAY, WA 98003 2021049004 KNIGHT CREDIT TRUST 33901 PACIFIC HWY S FEDERAL WAY, WA 98003 2021049070 CAMPUS GATEWAY ASSOCIATES 33701 PACIFIC HWY S FEDERAL WAY, WA 98003 2021049086 L&DWALLC 33903 PACIFIC HWY S FEDERAL WAY, WA 98003 2021049120 2021049119 PATTISON MICHAEL A+LARRY W 34020 PACIFIC HWY S FEDERAL WAY, WA 98003 2121049026 2121049068 CHRISTIAN FAITH CENTER 33832 PACIFIC HWY S FEDERAL WAY, WA 98003 9265030055 MULTI SERVICE CENTER 1200 S 336TH ST FEDERAL WAY, WA 98003 3903800160 INSTITUTE FOR FAMILY DEV 34004 16TH AVE S FEDERAL WAY, WA 98003 9264800110 9264800140 CAMPUS BUSINESS PARK 34004 9TH AVE S FEDERAL WAY, WA 98003 9264800150 9265010010 OMNI PROPERTIES INC 909 S 336TH ST FEDERAL WAY, WA 98003 �ik (0( ri 2021049001 MERLINO JEAN M+PAUL 11738 4T" NW FEDERAL WAY, WA 98003 op 13 - to ►�-uP 2021049002 SKCMSC FEDERAL WAY ASSOCS 1001 S 336TH ST FEDERAL WAY, WA 98003 2021049051 2021049069 PROGRESSIVE CASUALTY INSURANCE KITTS CORNER PARTNERS L L C 34001 PACIFIC HWY S 33601 PACIFIC HWY S FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 2021049072 2021049080 PETERSON L R DDS JONES RALPH 34051 PACIFIC HWY S 34010 PACIFIC HWY S FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 2021049090 9265030040 NELSON E CURTIS+ELIZABETH A T L C ENTERPRISES 33905 PACIFIC HWY S 1336 S 336TH ST FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 2121049024 2121049050 2121049025 MCELROY THORNTON F OH INVESTMENTS LLC 1700 S 340TH ST 33606 PACIFIC HWY S FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 9265030035 2121049037 2121049027 KINDERCARE LEARNING CENTERS INC RED CANOE CREDIT UNION 33504 13TH PL S PO BOX 3020 FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 9265030010 3903800150 WAVA LLC SPECTRUM BUSINESS PARK & 33501 PACIFIC HWY S SPECTRUM PLAZA L L C FEDERAL WAY, WA 98003 1610 S 341ST PL FEDERAL WAY, WA 98003 7978200050 7978200060 9265010080 GLEE DRAPER WASHINGTON TRUCKING ASSN 33370 PACIFIC HWY S 930 S 336TH ST FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 9264800120 9265030030 ROLLING FRITO-LAY SALES LP WOODLAND REALTY SERVICES 7701 LEGACY DR #MD-4A-3 1500 S 336TH ST PLAN 0, TX 75024-4099 FEDERAL WAY, WA 98003 9265030020 9265030050 HOEFER HOLDINGS L L C HASSEN PROPERTIES INC 33525 PACIFIC HWY S 1230 S 336TH ST FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 li MATT HOUGH JACK HUNDEN CPH CONSULTANTS DEVCO INC 733 7T" AVE STE 100 11100 MAIN ST STE 301 KIRKLAND WA 98033 BELLEVUE WA 98004 CITY OF Federal Way NOTICE OF MASTER LAND USE APPLICATION Project Name: Kitts Corner Multi -Family Project Description: Proposed construction of 218 multi -family residential dwelling units with vehicular access to South 336"' Street and Pacific Highway South, including a recreation building, stormwater facilities, parking, and landscaping. Applicant: Jack Hunden, Devco Inc. Project Location: 1100 Block of South 336`h Street (south side of 336t'), Federal Way, WA 98003 Date Application Received: October 4, 2013 Date Determined Complete: October 31, 2013 Date of Notice of Application: November 8, 2013 Comment Due Date: November 25, 2013 Permits Under Review: Use Process III (File 13-104418-UP); Environmental Determination (File 13- 104419-SE); and Transportation Concurrency (File 13-104420-CN) Existing Environmental Documents: Preliminary Wetland Impact Analysis and Mitigation Plan, Limited Scope Traffic Impact Analysis. Required Studies: Traffic Impact Analysis; Preliminary Technical Information Report; Wetland Delineation and Mitigation Plan; and Parking Study. Development Regulations Used for Project Mitigation: Federal Way Revised Code (FWRC) Title 14, "Environmental Policy," Title 16 "Surface Water Management," and Title 19 "Zoning and Development Code." Public Comment & Appeals: Any person may submit written comments regarding the application to the Director of Community and Economic Development by 5:00 p.m. on November 25, 2013. Only persons who submit written comments to the director (address below) or specifically request a copy of the decision, may appeal the decision. Details of appeal procedures for the requested land use decision will be included with the written decision. Availability of File: The official project file and environmental documents are available for public review during normal business hours at the Department of Community and Economic Development (33325 8`h Avenue South, Federal Way, WA 98003). City Staff Contact: Jim Harris — Contract Planner; jim.harris Pcityoffederalway.com, or 253-835-2652 Published in the Federal Way Mirror November 8, 2011 Doc. I D. 64474 5 99 S 304th St S 308th St j S 312th St I {4 A -3 l S 320th St > 77 S 324th St -a. 1 5 i Q a w S 335th, t . y o _ o sw Site < j-- C'4�b 3d4th 5t �sOr 18 S 348th t m 99 �a ,5 (Not to Scale) Vicinity Map Kitts Corner Multi -Family Development Project Site: 1100 Block South 336Ih Street, Federal Way, WA November 8, 2013 Co< c r YYI Up 13 -10 Ll ►�'-UP 1321800020 , 2021049001 2021049002 KRS HOLDINGS LLC MERLINO JEAN M+PAUL SKCMSC FEDERAL WAY ASSOCS 34100 9TH AVE S 11738 fH NW 10015 336TH ST FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 2021049004 2021049051 2021049069 KNIGHT CREDIT TRUST PROGRESSIVE CASUALTY INSURANCE KITTS CORNER PARTNERS L L C 33901 PACIFIC HWY S 34001 PACIFIC HWY S 33601 PACIFIC HWY S FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 2021049070 2021049072 2021049080 CAMPUS GATEWAY ASSOCIATES PETERSON L R DDS JONES RALPH 33701 PACIFIC HWY S 34051 PACIFIC HWY S 34010 PACIFIC HWY S FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 2021049086 2021049090 9265030040 L& D WA LLC NELSON E CURTIS+ELIZABETH A T L C ENTERPRISES 33903 PACIFIC HWY S 33905 PACIFIC HWY S 1336 S 336TH ST FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 2021049120 2021049119 2121049024 2121049050 2121049025 PATTISON MICHAEL A+LARRY W MCELROY THORNTON F OH INVESTMENTS LLC 34020 PACIFIC HWY S 1700 S 340TH ST 33606 PACIFIC HWY S FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 2121049026 2121049068 9265030035 2121049037 2121049027 CHRISTIAN FAITH CENTER KINDERCARE LEARNING CENTERS INC RED CANOE CREDIT UNION 33832 PACIFIC HWY S 33504 13TH PL S PO BOX 3020 FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 9265030055 9265030010 3903800150 MULTI SERVICE CENTER WAVA LLC SPECTRUM BUSINESS PARK & 1200 S 336TH ST 33501 PACIFIC HWY S SPECTRUM PLAZA L L C FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 1610 S 341ST PL FEDERAL WAY, WA 98003 3903800160 7978200050 7978200060 9265010080 INSTITUTE FOR FAMILY DEV GLEE DRAPER WASHINGTON TRUCKING ASSN 34004 16TH AVE S 33370 PACIFIC HWY S 930 S 336TH ST FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 9264800110 9264800140 9264800120 9265030030 CAMPUS BUSINESS PARK ROLLING FRITO-LAY SALES LP WOODLAND REALTY SERVICES 34004 9TH AVE S 7701 LEGACY DR #MD-4A-3 1500 S 336TH ST FEDERAL WAY, WA 98003 PLAN O, TX 75024-4099 FEDERAL WAY, WA 98003 9264800150 9265010010 9265030020 9265030050 OMNI PROPERTIES INC HOEFER HOLDINGS L L C HASSEN PROPERTIES INC 909 S 336TH ST 33525 PACIFIC HWY S 1230 S 336TH ST FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 FEDERAL WAY, WA 98003 t'l(li Kitts Corner Multifamily Process III Project Approval Narrative - Community Design Guidelines Note: This narrative refers to the Site Plan and Elevations prepared by Ross Deckman and Associates for the "Process III" project approval submittal for Kitts Corner Multifamily project in Federal Way, Washington. The Site Plan and Building Elevations/ Design Intent for Kitts Corner project have been prepared according to the requirements of Chapter 19.115 of the Federal Way Revised Code (FWRC) titled "Community Design Guidelines". All required items for Site Plan and Building Elevation approval for a Process III permit submittal have been included per Sections J and M of the Process III submittal checklist. Below is a summary of the preliminary site plan and building elevations submittal checklist items, and a description of how they are being met with the submitted plans. Site Plan RECEIVED 1. Project name, plan date, and/or revision date(s). Included. 2. Name and phone number of ❑wner'agent. Included. 3. Name, phone number, and license stamp of preparer. Included. U C T ® 4 2013 4. North arrow and bar scale. Included. 5. Vicinity Map. Included. CITY OF FEDERAL WAY 6. Site Area. Included. CDS 7. Total parking stall count. Included. 8. Total gross floor area of all proposed floors or levels. Refer to separate 8.5x11 letter. 9. Location and dimensions of existinglproposed structures, property lines, sidewalks, easements, parking layout street edges, mechanical equipment, frcish enclosures, outdoor uses, storage areas, fencing, rockeries, and retaining walls. Included. 10. Existing streams, ponds, wetlands, natural drainage courses, and other surface features on or within 200 feet of site per FWRC Chapter 14.30. "Critical Areas" Included. 11. Location of stands of trees as defined by FWRC Chapter 19.50.200. See tree inventory map. No trees will be retained east of the wetland buffer. 12. Existing and proposed utilities including: utility poles and boxes, water storm sewer, and fire hydrants. See Item K by CPH Consultants. 13. Structures and Driveways within 150' of subject site (both sides of the street). Included. 14. International Building Code (IBC) construction type and occupancy classification. Included. 15. Location and square footage of any onsite pedestrian areas (i.e. plazas courtyards) or open space areas. Refer to Landscape Architects drawings. Building Elevations/Design Intent 1. Project name, plan date, andlor revision date(s). Included. 2. Name, phone number, and license stamp of preparer. Included. 3. Bar Scale. Included. 4. Statement of architectural design intent, finishes materials and colors. See narrative below. 5. Front, rear, and side (labeled north, south, east, west) building elevations of proposed structures. Included. 6. Exterior wall openings. Included. 7. Exterior materials and color board. Included. 8. Garbagelrecycling facility screen details. Included. 9. Roof top and ground based mechanical equipment screen details. Included. 10. Building height calculations. Included. 11. Narrative summery of how the project complies with applicable design guidelines (FWRC Chapter 19.115, community Design Guidelines"). Refer to separate 8.5x11 letter. The project site design allows for pedestrian safe entries and walks that provide access to recreational and viewing open space as well as the access to the public streets. The buildings have prominent entries in clear view of the parking and other buildings. Building modulation and design features were used to break up the fagade. Ross Deckman + Associates Architecture • Planning • Design CPH Project No. 00024-12-017 October 3, 2013 DG-1 Kitts Corner Multifamily Process III Project Approval Narrative - Community Design Guidelines In addition to the building entry elements the structures are designed with a three part fagade that varies in material and color to provide a base middle and top. Through the use of different exposures of horizontal sidings and type of siding treatment the human scale of the buildings is maintained. Three story apartment buildings will have three distinct but integrating color schemes as indicated on the color boards. Where possible the buildings step down the contours. Landscaped yards are provided between buildings and a minimum of six foot wide sidewalks are provided throughout the side and to the city right-of-ways. All units are provided with an outdoor space, the ground floor has a patio and the upper floors have a deck that looks over the adjacent open spaces. With design features as decks, entry porches, trellis and window trims, the buildings meet the standards indicated in the guidelines. Ross Deckman + Associates Architecture • Planning • Design CPH Project No. 00024-12-017 October 3, 2013 DG-2 r �- CityView Vertical Strap Seating CityView Seating A popular vertical strap design, the CityView bench is suited For many urban seating solutions. Delivered as a fully assembled, rigid welded unit, this bench bolts directly to a concrete pad for permanent installation and Is virtually vandal resistant. In addition to requiring no assembly, this bench remains maintenance free. 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This content may vary based on the product design, where you can download product product material type, and interchangeable piece parts. All styles are 100% drawings, photos, product brochures, recyclable. For more information about SiteScapes sustainable products and CSI spes, and other technical data. policies, please refer to our Environmental Statement. Choices Choose six or eight foot length; backed, arched back or backless bench; steel bar ends, cast iron ends, steel loop ends, or steel bar no armrests; zero or one center armrest; powdercoat or Duracoat finish; and color. To Specify CityView Benches CityView Benches 1 - 6 ft. Length 2 - 8 ft. Length 0- Backed 1 - Flat 2 - Arch Backed 0 - Steel Bar Ends 1 - Cast Iron Ends 4 - Steel Bar Ends, No Armrests 6 - Steal Loop Ends 0 - No center Armrests 1 - 1 Center Armrest F - DuraCo t Fi inFshish 0-0 ❑ ❑ ❑-❑ FSC J 30% POST CONSUMER CONTENT 0 TA LASA EA CONSULTANTS. INC. 3 October 2013 RECEIVED CGP l OCT 04 2013 TAL-1422 Mr. Isaac Conlen Planning Manager City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 REFERENCE: Kitts Corner Multifamily — Process III Submittal SUBJECT: Preliminary Impacts and Mitigation Assessment for Proposed Wetland Buffer Intrusions and Temporary Wetland Impacts Dear Isaac: Talasaea Consultants has been retained by the Applicant (DevCo) to provide professional wetland consulting services for the Kitts Corner Multifamily project (referred to herein as the Project) in order to address proposed wetland buffer intrusions and temporary wetland impacts resulting from the proposed development. This letter report is being provided pursuant to the Process III submittal requirement for "special studies and additional information" relating to the project's impacts to on site wetlands and wetland buffers. The purpose of this letter report is to summarize the proposed critical area impacts on the project site, demonstrate how the proposed impacts are consistent with the requirements of the Federal Way Critical Areas Code (Chapter 19.175 — Wetlands), and generally describe the mitigation proposed to compensate for the impacts. Project Description The Project is a proposed multi -family development of 218 apartment units on a 23.1-acre site located southwest of the intersection of S 336th Street and Pacific Highway S in Federal Way, Washington. The site is zoned MR (multifamily residential), and is being developed pursuant to the multifamily zoning requirements contained within the Federal Way Revised Code (FWRC). The Project will contain 20 multi -family apartment buildings. The site will also be developed with required parking and drive isles, walkways, landscaping, retaining walls, open space areas, a recreational building and pool, and utility infrastructure. The main access to the site will be off of S 336th Street. A secondary access will be provided out to Pacific Highway S at the southeast portion of the site. See the project narrative prepared by CPH consultants for more detailed information about the proposed project elements. The project site contains two wetlands designated as Wetland 1 and Wetland 2, which were previously delineated and rated by others. See the Wetland Delineation Report for Federal Way Village prepared by Raedeke Associates, Inc., dated 5 September 2006; and the Wetland Assessment of the Kitts Corner Property also prepared by Raedeke Associates, Inc., dated 7 Talasaea Consultants, Inc. -- Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98077 • Bus: (425)861-7550 Fax: (425)861-7549 Mr. Isaac Conlen 3 October 2013 Page 2 of 9 September 2004. Both wetlands are rated as Category II wetlands with 100-foot buffers'. Wetland 1 is located in the northwest portion of the site and is approximately 2 acres in size and is classified as a palustrine, aquatic bed, rooted vascular (PAB3); palustrine, emergent, persistent (PEM1); and palustrine, scrub -shrub, broad-leaved deciduous (PSS1) wetland. Wetland 2 is located on the east portion of the site and is approximately 2.46 acres in size and is classified as a palustrine, forested, broad-leaved deciduous (PFOI) wetland. There is also one stream on the site which flows north to south through Wetland 2. This stream is named West Hylebos Tributary 0014A, which was rated as a "major" stream by the City of Federal Way's 2002 stream inventory. The buffers for Wetland 1, Wetland 2, and Tributary 0014A were previously established and recorded as part of the Settlement Agreement and Covenant between Campus Gateway Associates and the City of Federal Way, effective 15 May 1996, King County recording no. 9704211043. The buffer for both wetlands and the stream is 100 feet. Prior approvals and agreements relevant to the current development of the project site include: • Settlement Agreement and Covenant between Campus Gateway Associates and the City of Federal Way, effective 15 May 1996, King County recording no. 9704211043. • Comp Plan Amendment and Conditional Rezone for Kitts Corner, ordinance no. 05-490, approved 6/16/05 • Process III approval of the Federal Way Village Master Plan, approved 25 January 2008 • Extension of the Process III approval for the Federal Way Village Master Plan extending the Approval through 31 January 2014, granted 1 February 2012, and • Design guidelines established in the document entitled "A Development Plan for Village at Federal Way". The Kitts Corner Multifamily project site consists of a portion of the larger 44-acre Federal Way Village site. The approved Federal Way Village Master Plan is a proposed mixed -use office, commercial, and residential development which originally included a 95-unit zero -lot -line townhouse development proposed for the RM-2400-zoned portion of the site. The original development proposal for the Federal Way Village project included both permanent wetland and wetland buffer impacts. None of these impacts have occurred since no development has yet been constructed in association with the Federal Way Village Master Plan. However, in anticipation of the impacts to Wetlands 3 and 4 (on the east portion of the 44-acre site, not part of the current project), mitigation for the proposed 0.3 acres of wetland fill has already been constructed in the form of 0.9 acres of wetland creation within the S 336th Street Regional Stormwater Facility constructed south of Wetland 2. The S 336th Street Regional Stormwater Facility was constructed by the City of Federal Way as part of the May 1996 Settlement Agreement and Covenant referenced above. A portion of the S 336th Street Regional Stormwater Facility, including the existing wetland mitigation, is located on the south portion of the Kitts Corner Multifamily site. However, it should be noted that this existing mitigation does not apply to any of the proposed wetland or wetland buffer impacts described later in this report, which are associated with the current Kitts Corner Multifamily development proposal. However, other development guidelines and conditions, as established in the 25 January 2008 Process III approval for the Federal Way Village Master Plan, as well as development conditions established in the May 1996 Settlement Agreement and Covenant, do apply to the current proposed development. ' The City of Federal Way does not use the Washington State Wetland Rating System. A City of Federal Way Category II wetland is not the same as a Category II wetland based on the Washington State Wetland Rating System. Talasaea Consultants, Inc. -- Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98077 • Bus: (425)861-7550 Fax: (425)861-7549 Mr. Isaac Conlen 3 October 2013 Page 3 of 9 The current development proposal will not result in any permanent wetland or wetland buffer impacts to Wetlands 1 or 2 or to the buffer for Tributary 0014A. There will be temporary wetland and wetland buffer impacts and minor buffer intrusions resulting from construction of the proposed multifamily development. These wetland and buffer impacts are described in more detail in the sections below. T Porary Wetland lm acts The project will result in approximat -aand impacts resulting from construction of a anew sewer.jine to serve the new development. This sewer line will run eastward from the development and will tie into a manhole for an existing sewer line running east -west within an easement through Wetland 2. The manhole is approximately 12 feet inside the wetland, thus a small portion of wetland will be impacted in order tie in to the existing sewer system and provide sewer service to the new development. FWRC 19.17011 &.030(4) ei ws for the approval of land surface modifications, improvements intrusions within ed wetlands if the proposed work meets certain criteria. These criteria, contained in FWRC 19.175.030(4)(a) through (i), are listed below in bold text, followed by an UP explanation of how the intrusion for the proposed sewer line meets these criteria for approval. (a) It will not adversely affect water quality; The proposed sewer line will not adversely affect water quality within Wetland 2. The disturbance area within the wetland will be minimal (approximately 200 so and the ground disturbing impacts necessary to excavate for the sewer line will be temporary. The work will be performed during the dry season to minimize impacts to water quality, and all disturbed soils will be stabilized and revegetated once work is complete. (b) It will not adversely affect the existing quality of the wetland's or buffer's wildlife habitat; The proposed work will not adversely affect the existing quality of the wildlife habitat within Wetland 2. All construction impacts are temporary and the disturbed portions of Wetland 2 will be restored and revegetated with native wetland trees and shrubs. (c) It will not adversely affect drainage or stormwater retention capabilities; The area of construction impacts will be restored to original grades once sewer line installation work is complete, and no permanent fill will be placed within Wetland 2. Therefore, the proposed work will not adversely affect the drainage or stormwater retention capabilities of Wetland 2. (d) It will not lead to unstable earth conditions nor create erosion hazards; The proposed work will not lead to unstable earth conditions nor create erosion hazards. Proposed construction impacts will be temporary, all grades will be restored to original conditions, all disturbed soils will be stabilized and fully revegetated, and the work will be performed during the dry season. (e) It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, including the loss of open space; The sewer line installation will not be materially detrimental to any other property in the area of the project site nor to the City as a whole. There will be no impacts beyond the immediate Talasaea Consultants, Inc. -- Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98077 • Bus: (425)861-7550 Fax: (425)861-7549 Mr. Isaac Conlen 3 October 2013 Page 4 of 9 area of the proposed work. As discussed above, the impacts will be temporary and all disturbed wetland areas will be fully stabilized and revegetated with native wetland trees and shrubs. No open space will be lost as a result of the proposed work. (f) It will result in no net loss of wetland area, function, or value; There will be no net loss of wetland area, function, or value resulting from the proposed sewer line installation. No permanent fill will be placed in the wetland, and the disturbed portion of the wetland will be fully restored by grading to match pre -construction contours and fully revegetating all disturbed areas with native wetland trees and shrubs. (g) The project is in the best interest of the public health, safety, or welfare; The proposed sewer line installation is in the best interest of the public health, safety, and welfare. It is a necessary part of the infrastructure for the proposed Kitts Corner Multifamily development in order to preserve public health, safety, and welfare. (h) The applicant has demonstrated sufficient scientific expertise and supervisory capability to carry out the project; and The Applicant (DevCo) has retained Talasaea Consultants as their professional wetland consultant to provide scientific expertise and supervisory capability in regards to the proposed critical areas impacts and mitigation. Talasaea Consultants specializes in aquatic resource impacts and mitigation, and has the professional scientific staff and project experience necessary to design, plan, and oversee the installation of critical areas restoration and mitigation projects. (i) The applicant is committed to monitoring the project and to making corrections if the project fails to meet projected goals. The final detailed mitigation plan (to be prepared as part of the final construction drawing submittal) will describe the proposed restoration for temporary critical areas impacts (wetland impacts and buffer intrusions) and will outline a long-term maintenance and monitoring plan pursuant to the requirements of FWRC 19.175.030. The Applicant will adhere to the maintenance and monitoring requirements outlined in the final detailed mitigation plan, and will post a maintenance and monitoring bond as required by the City. The mitigation will be monitored for the required 5 years, and monitoring reports will be prepared and submitted to the City each year as required. If the project fails to meet performance standards during the monitoring period, the Applicant will implement necessary contingency measures based on the contingency plan that will be provided in the final detailed mitigation plan report in order to meet the mitigation goals, objectives, and performance standards for the project. etland Buffer Intrusions_,' In addition to temporary wetland impac , e protect will s result in minor intrusions into the buffers for Wetl 1 and Wetland 2. These intrusions include: mMe impacts due to clearing and grading, 2} mporary impacts due to sewer line installation, aninor improvements in the form of a soft-su ace pedestrian path (the path is required by the City eral Way to provide for useable open space). These intrusions are described in more detail below. Clearing and Grading Impacts: Talasaea Consultants, Inc. -- Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98077 • Bus: (425)861-7550 Fax: (425)861-7549 Mr. Isaac Conlen 3 October 2013 Page 5 of 9 Many of the constructed elements of the Project will be located adjacent to wetland buffers in order to maximize the density of the site per RM zoning requirements. Some temporary impacts to wetland buffers will occur in order to tie proposed grades into existing grades and to provide sufficient working area for the construction of retaining walls, buildings, parking lots, and other project elements. All buffer impacts will be the minimum necessary to construct the necessary project infrastructure. In total, construction of the Project will result in approximately 4,388 sf of temporary impacts to the - jo. I Wetland 1 buffer, and approximately 4,178 sf of temporary impacts to the Wetland 2 buffer due to� clearing and grading activities. Buffer impacts to Wetland 1 will result from construction of a retaining wall along the north wetland boundary and grading impacts along the east and south wetland boundaries. The wall will only result di in temporary buffer impacts approximately 2-3 feet wide at the toe of the wall. The grading impacts I „n will average 3-5 feet wide on the east edge of the buffer, and will extend into the buffer between 13 and 15 feet at two places along the southeast buffer edge. Temporary buffer impacts to Wetland 2 will result from clearing and grading all along the west edge of the buffer, as well as from the installation of two stormwater dispersion trenches at the edge of the buffer. The clearing and grading impacts will only encroach about 2 to 5 feet into the buffer. The buffer encroachment associated with the two dispersion trenches will extend out further. The southern dispersion trench encroachment will be approximately 12 feet wide. The northern dispersion trench encroachment will be upwards of 20 feet wide. See Figure 1 for a plan depicting the extent of the buffer impacts due to clearing and grading. Pursuant to FWRC 19.175.040(6), impravemenrh d surface modifications may be allowed within buffers for regulated wetlands through Proces 11work meets the criteria contained in this section. This criteria is listed below in bold te❑d by an explanation of how the proposed clearing and grading work meets each criterion. a) It will not adversely affect water quality; The clearing and grading work and the installation of the dispersion trenches are not likely to adversely affect water quality. These intrusions will be located within the outer perimeter of the buffers for Wetlands 1 and 2. No toxic materials will be placed in the buffers as part of this work. Any fill associated with the grading will be cut from other portions of the site or will be clean imported fill, and the dispersion trenches will receive only clean rooftop runoff to be dispersed and infiltrated within the buffer. Temporary erosion and sediment control (TESC) measures, such as silt fencing at the clearing and grading limits, will be installed pursuant to the TESC plan prepared by the civil engineer, which will protect the buffers and wetlands from construction site runoff. All disturbed buffer areas will be fully stabilized and revegetated with native trees and shrubs once construction is complete, which will prevent any long-term impacts to water quality. b) It will not adversely affect the existing quality of the wetland's or buffer's wildlife habitat; The clearing and grading work and the installation of the dispersion trenches are not likely to adversely affect the existing quality of the wetland's or buffe►'s wildlife habitat. All disturbed buffer areas (with the exception of the dispersion trenches) will be fully restored and revegetated with native trees and shrubs with the goal of achieving equal or better wildlife habitat. The dispersion trenches will not be planted and will be maintained as vegetation free to ensure their proper functioning. Talasaea Consultants, Inc. -- Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98077 • Bus: (425)861-7550 Fax: (425)861-7549 Mr. Isaac Conlen 3 October 2013 Page 6 of 9 c) It will not adversely affect drainage or stormwater retention capabilities; The clearing and grading work and the installation of the dispersion trenches are not likely to adversely affect the drainage or stormwater retention capabilities of the on -site wetlands or buffers. The installation of the dispersion trenches and the minor grading at the buffer perimeters will not result in any impediments or significant changes to the existing drainage pattems within the wetlands or the buffers, and the existing surface drainage patterns will be maintained. No depressional areas that currently provide stormwater detention functions will be filled. Discharge from the dispersion trenches will follow the existing surface drainage patterns within the buffer. d) It will not lead to unstable earth conditions nor create erosion hazards; and The clearing and grading work and the installation of the dispersion trenches are not likely to lead to unstable earth conditions or erosion hazards. All proposed grading will have slopes not to exceed 3:1. All disturbed soil areas will be temporarily stabilized with 3 inches of mulch or other methods approved by the TESC plan, and will be permanently stabilized and planted with native trees and shrubs once construction is complete. The dispersion trenches are designed to disperse stormwater flows over a wide area so as not create any concentrated surface flows that might cause erosion. The stormwater dispersion trenches are also designed to directly infiltrate the majority of the discharge for all but the largest of flows. Larger flows may result in some surface sheet flow from the dispersion trenches if they completely fill with water, but they are designed to be of sufficient length (approx. 53 /0 to ensure that any surface sheet flows will be sufficiently dispersed. e) It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, including the loss of open space. The clearing and grading work and the installation of the dispersion trenches will not be materially detrimental to any other property in the area of the project site nor to the City as a whole. There will be no impacts from these proposed improvements beyond the immediate area of the work. As discussed above, the impacts will primarily be temporary and disturbed buffer areas will be fully restored and planted. No open space will be lost as a result of the proposed work. Utility Line Installation: Temporary buffer impacts will also occur due to construction of the sewer line extension. This new sewer line will tie into an existing sewer manhole within Wetland 2, as described in the wetland impacts section above. The sewer line will be routed through the middle portion of the buffer for Wetland 2 in order to tie in to the manhole and provide sewer service to the new development. Installation of the sewer line will disturb an approximately 10-foot wide corridor along its alignment within the buffer for Wetland 2. This will result in approximately 1,163 sf of temporary buffer impacts, in addition to the temporary grading impacts along the buffer perimeter described above. Utility lines are allowed within buffers pursuant to FWRC 19.175.040(3), which states the following: The director of community development may permit the placement of an essential public facility, public utility, or other public improvements in a regulated wetland buffer if he or she determines that the line or improvement must traverse the buffer because no feasible or alternative location exists based on an analysis of technology and system efficiency. The Talasaea Consultants, Inc. -- Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98077 0 Bus: (425)861-7550 Fax: (425)861-7549 Mr. Isaac Conlen 3 October 2013 Page 7 of 9 specific location and extent of the intrusion into the buffer must constitute the minimum necessary encroachment to meet the requirements of the public facility or utility. The proposed sewer line alignment through the buffer for Wetland 2 is the most feasible and cost effective alternative to provide sewer service to the new multifamily development. The existing sewer line, which is in an existing utility easement in Wetland 2, has an existing man hole, which is located approximately 115 feet east of the new development. The alternative options for providing sewer service would involve connecting to an existing sewer line to the south of the project site. This would require the new sewer line to follow a longer distance to tie in to an existing sewer line and would also require an easement to be secured from the adjacent property owner to the south. In addition, the Settlement Agreement and Covenant between Campus Gateway Associates and the City of Federal Way, effective 15 May 1996, states that the property owners (collectively known as Campus Gateway Associates) may "disturb wetland areas on the Property and Easement to make future connections to any existing sanitary sewer lines so long as such action does not interfere with Grantee's use, is in compliance with all applicable laws and codes, and after obtaining all necessary permits and approvals". All buffer areas cleared/graded and otherwise disturbed due to sewer line installation will be fully restored and revegetated with native upland buffer vegetation post -construction. See the description of proposed mitigation below for additional information. Soft -Surface Pedestrian Trail Improvements: The only permanent improvement proposed in the buffer is a soft -surface pedestrian trail with several viewpoints with benches and interpretive signs. This trail is part of the open space plan for the proposed development, and is necessary in order to meet the useable open space requirements for multifamily development under FWRC 19.205.040. The trail is located within an approximately 56,500 sf portion of the western side of the Wetland 2 buffer that will be counted as part of the useable open space area on the project site. It will be approximately 5 feet wide and will be surfaced with wood chips. It is located in the outer 50 percent of the Wetland 2 buffer to minimize impacts to the more sensitive interior portion of the buffer and the wetland itself. The Wetland 2 buffer in this vicinity of the trail alignment is forested with relatively mature conifer forest, with some mixed deciduous -coniferous forest and scrub -shrub at the extreme northern end. The approximate proposed trail alignment is shown on the attached Figure 1. The exact alignment of the trail will be refined on the final landscape plans for the project, and the final alignment will be staked in the field to avoid all existing trees, as n well as areas of significant native vegetation to the greatest extent practicable. Only minimal clearing. and grubbing of vegetation and surface duff will be done to prepare the trail surface. / Pursuant to FWRC 19.175.040, minor improvements such as footbridges, walkways, and benches may be located within the buffer for a regulated wetland if the proposed improvements meet certain I"JL criteria. These criteria are listed below in bold text, followed by an explanation of how the proposed pedestrian trail meets these criteria in italic text: f) It will not adversely affect water quality; The proposed trail and viewpoints will be constructed using wood chips as a surfacing material. By using wood chips, the trail will not be an impervious surface that could leach out pollutants or other potentially toxic chemicals. The trail will be maintained using additional layers of wood chips, as necessary and simple hand -removal of weeds. Additionally, no trees will be removed to construct the trail. We expect to remove some small shrubs and groundcover plants in some areas to align the trail, but vegetation removal will be the Talasaea Consultants, Inc. -- Resource & Environmental Planning 15020 Bear Creek Road Northeast ■ Woodinville, Washington 98077 • Bus: (425)861-7550 Fax: (425)861-7549 Mr. Isaac Conlen 3 October 2013 Page 8 of 9 minimum necessary, and no grading, excavating, or compacting of native topsoil will occur during the trail construction. The water quality functions of the buffer will not be diminished as a result of the proposed trail construction. g) It will not adversely affect the existing quality of the wetland's or buffer's wildlife habitat; The proposed trail and viewpoints within the Wetland 2 buffer will not encroach upon or disturb any wetland habitat. Wildlife habitat associated with the on -site wetland areas is not likely to be adversely affected by the trail and viewpoints in any significant way. The proposed trail route will avoid large trees and generally will stay within areas currently vegetated with small shrubs and/or groundcover. Avoiding damage to large trees and shrubs will help preserve the quality of wildlife habitat within the upland buffer area. The footprint of the trail (approximately 5,100 so will be very small compared to the total on site area of Wetland 2 buffer (approximately 233,570 so, thus the overall impact to the existing habitat in the buffer should not be significant. In addition, the trail will be located only within the outer 50 percent of the buffer, which will help avoid disturbance to the more sensitive habitat closer to and within the wetland. h) It will not adversely affect drainage or stormwater retention capabilities; The proposed trail and viewpoints will be constructed out of wood chips and will not entail any significant grading, excavating, or compacting of native topsoil within the buffer, thus the trail is not likely to adversely affect the drainage or stormwater retention capabilities of the buffer. i) It will not lead to unstable earth conditions nor create erosion hazards; and The trail and viewpoint construction will not involve any additional grading, excavating, or compacting of native topsoil. The preliminary trail alignment shown on the plans will be refined and laid out in the field to generally follow the contours of the land, which will help prevent unstable earth conditions or erosion hazards. The use of wood chips as the surfacing material will prevent stormwater from becoming concentrated and directed towards hydrologic low areas. Thus, the proposed wood chip trail and viewpoint locations are not anticipated to create any erosion hazards. j) It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, including the loss of open space. The proposed trail and viewpoints will be constructed entirely on property owned by the Applicant and will not directly affect any adjacent properties. As mentioned in our response to Item (d), no significant grading, excavation, or compaction of native topsoil will occur during construction of the trail. No existing native trees will be removed, which could increase the risk of soil erosion through loss of canopy coverage and root mass. The proposed wood chip trail and viewpoints will not alter the local hydrology or geologic stability of the immediate area, and therefore pose no appreciable risk of damage to other properties in the general area, or to the city as a whole. In addition, no open space will be lost as a result of this proposal. The installation of the trail will in fact enhance the value of the open space on the project site by making an approximately 56,500 sf portion of buffer accessible to the development's residents as passive open space where they can interact with and experience the natural environment without causing significant impact. Talasaea Consultants, Inc. -- Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98077 • Bus: (425)861-7550 Fax: (425)861-7549 Mr. Isaac Conlen 3 October 2013 Page 9 of 9 Proposed Mitigation Pursuant to FWRC 19.175.030(5), and FWRC 19.175.040(7), a detailed mitigation plan report and full-size mitigation drawings will be prepared upon preliminary approval of the proposed site plan and the proposed critical areas impacts. No permanent wetland or wetland buffer impacts are proposed that will require additional compensatory mitigation pursuant to FWRC Chapter 19.125. The goal of the proposed mitigation will be to restore the disturbed areas of wetland and wetland buffer, with the exception of the proposed woodchip pedestrian trail, to their native, vegetated, pre -construction conditions in order to maintain no net loss of ecological functions and values for these areas. All exposed soils will be stabilized with mulch, planting areas will be amended with topsoil or soil amendments as needed depending on existing soil conditions, and native upland and/or wetland trees and shrubs will be planted to revegetate disturbed areas. The final detailed mitigation plan will include the following information, as required by FWRC 19.175.030(5): • Environmental goals and objectives; • Performance standards; • Detailed construction plans; • Timing; • Monitoring program for a minimum of five years; • Contingency plan; and • A performance and maintenance bond in an amount of 120 percent of the costs of implementing the mitigation plan or the contingency plan, whichever is greater. We trust that the information contained herein will be sufficient to allow for the initial Process I II review of the proposed critical areas impacts and mitigation on the Kitts Corner Multifamily project. If you have any questions or need any other additional information, please contact Ann Olsen or me at 425- 861-7550, or via email at aolsen@talasaea.com or dteesdale@talasaea.com. Sincerely, TALASAEA CONSULTANTS, INC. / r ly V ?0' I David Teesdale Senior Ecologist Attachments: Figure 1: Preliminary Impacts and Mitigation Overview Plan cc: Tom Neubauer, Devco, Inc. Matt Hough, CPH Consultants file Talasaea Consultants, Inc. -- Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98077 • Bus: (425)861-7550 Fax: (425)861-7549 NE 1/4, 5EG. 20, TWP. 21N, ROE. 4E, NM / HEST HYLEB05 \ TRIBUTARY f., N. � f , r# EXISTING SEWER �� • f MANHOLE r . �..• ��,.i ..:: SEWER 5ED PROP05ED LINE 1 % WOODGRP PEDESTRIAN TRAIL DIS ION TRENCH PjZOPOSED J t '�' DISPERSION '� TRENGH PROPS r oo' BUFFER - RETAINI b TEMPORARY II AGGE55 ROAD I f l WETLAND 2 106,ci72 SF ON SITE II GATEOORY II I PACTS 4 M1TI6ATION I MINOR BUFFER INTRUSIONS DUE TO GLEARING 8 GRADING. DISTURBED BUFFER I AREAS TO BE FULLY RESTORED WITH NATIVE UPLAND VEGETATION II I 1 BLA I ' I — -7 9,tgti EXISTING GRAVEL r > M AGGE55 ROAD, TYP. 1 � I I ,] I I WETLAND 1 4,388 SF WETLAND 2 4,178 SF ®MINOR BUFFER INTRUSIONS DUE TO SEWER LINE CONSTRUCTION. DISTURBED BUFFER AREAS TO BE FULLY RESTORES WITH NATIVE UPLAND VEGETATION 1,165 5F TEMPORARY WETLAND IMPACTS DUE TO SERER LINE GONSTRUGTION. DISTURBED WETLAND AREAS TO BE FULLY RESTORED WITH NATIVE SGRUB—SHRUB/FORESTED WETLAND VEGETATION 207 SF 0. MINOR BUFFER INTRUSIONS DUE TO PEDESTRIAN TRAIL GONSTRUGTION. NO 1 MITIGATION REQUIRED; - I TRAIL GONSTRUGTION WILL MEET THE GRITERIA ioo' BUFFER I OF FWRG M.175.040(4) 5,535 SF a a CLEARING GRADING 8 = 1 1 LIMIT, TYP. I z cQ - 13 r + l ♦+ a r r > > l[ t FL-/{J I�VI (�� Iivl L.E �1 ` I ' I ,- ' f - _ _ FROJB EGT SITE OUNDARY GRAPHIC. SCALE (IN FEET) WETLAND I; . + — . — . — . — . = 100' BUFFER ' . ' .. �3, 2o.•SF GQN S(TF' > ' ' , '11 EXISTIN6 NETLAND � 1 �� � '�`., � ' .•••G.�4TECORY,11','.'r `,�1' L'_.—.—.�.^.J o 30 60 120 tl, . . HETLAND BUFFER F - i • r ' , • • , , ' , ' , ' , ' , ' , -- — �- — — SCALE. EXISTING STREAM GENTERLINE —I p�! DESIGN DRAWN PROJECT : �, . � • — ff FIGURE # I AD ADS 11422 � f TALASAEA SCALE Z CONSARY ULTANTS, INC. PRELIMIN IMPACTS MITIGATION OVERVIEW PLAN AS SHOHN Resource & Environmental Planning KITTS GORNER MULTIFAMILY DATE a 15020 Bear Creek Road Northeast FEDERAL HAY, HASH I NGTON I 0-3-20I3 N • Woodinville, Washington 98077 Bus (425)861-7550 — Fax (425)861-7549 REVISED in Q Copyright - Talasaea Consultants, INC. TALASAEA CONSULTANTS, INC. 21 February 2014 Mr. Jim Harris Contract Planner, City of Federal Way P.O. Box 9718 Federal Way, Washington 98063 REFERENCE: Kitts Corner Apartments (No. 13-104418-00-up & No. 23-104419-se) SUBJECT: Response to SEPA Comment (20 January 2014) Dear Mr. Harris: TAL-1422 We understand from an email forwarded to us by our client that you received a comment regarding the Kitts Corner project (City of Federal Way Project Numbers No. 13-104418-00-up & No. 23-104419-se). The comment concerned a possible violation of the Federal Migratory Bird Treaty Act (referred to as "Act" hereinafter) resulting from the proposed development. The commenter indicated that disturbing nesting migratory birds during the nesting season could be a violation of the Act. We are writing to respond to this comment and concern. The Migratory Bird Treaty Act is under 16 U.S. Code Chapter 7, Subchapter II - Migratory Bird Treaty. Section §703 states the following: "(a) In general Unless and except as permitted by regulations made as hereinafter provided in this subchapter, it shall be unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, kill, attempt to take, capture, or kill, possess, offer for sale, sell, offer to barter, barter, offer to purchase, purchase, deliver for shipment, ship, export, impart, cause to be shipped, exported, or imported, deliver for transportation, transport or cause to be transported, carry or cause to be carried, or receive for shipment, transportation, carriage, or export, any migratory bird, any part, nest, or egg of any such bird, or any product, whether or not manufactured, which consists, or is composed in whole or part, of any such bird or any part, nest, or egg thereof, included in the terms of the conventions between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916 (39 Stat. 1702), the United States and the United Mexican States for the protection of migratory birds and game mammals concluded February 7, 1936, the United States and the Government of Japan for the protection of migratory birds and birds in danger of extinction, and their environment concluded March 4, 1972, and the convention between the United States and the Union of Soviet Socialist Republics for the conservation of migratory birds and their environments concluded November 19, 1976." The intent of the Act was to eliminate the trade of bird or bird parts within the continental United States, adjacent nations, and other nations in the vicinity of the United States. The Act lists every species of bird native to the United States or uses United States Resource `& Environmental Planning 15020 Bear Creek Road Northeast • \Woodinville, Washington 98077 • Bus: (425) 861-7550 • Fax: (425) 861-7549 Mr. Jim Harris 21 February 2014 Page 2 of 2 territory as part of an annual migration. The list of birds covered under the Act is updated regularly to account for new bird species, species previously not included by the Act, and changes in taxonomy. The Act specifically excludes introduced species of birds (i.e., species that were never historically endemic to the United States and were introduced by humans). At the time the law was initially enacted, many species of migratory birds were either extinct or in danger of imminent extinction due to trafficking of birds and bird parts. Much of this traffic involved feathers for the millinery industry. The key provision of the act is to prevent the taking of a bird with the intent to Profit commercially from the bird. In other words, there must be a transaction that physically involves the bird, bird part, nest, egg, or other physical attribute of the bird. The Act does not include disturbance to nesting areas, inadvertent bird kills or takings, or other actions that do not result in the use of the bird as a commodity. Disturbance activities, such as construction, are not specifically prohibited by the Act, nor are they generally referenced as a prohibited activity. It is only when the disturbance activity results in an economic exchange of a bird, bird part, egg, nest, or other physical attribute of the bird that the prohibition is in force. Therefore, it is our conclusion that the Migratory Bird Act does not have any bearing or sway over the Kitts Corner Apartments project. We trust that this information is sufficient for your review of the project and SEPA. If you have any questions or require additional information, please contact Ann Olsen or me at (425) 861-7550. Sincerely, TALASAEA C NS L TS, INC. ;' _� �►/.J � mil} David R. Teesdale Senior Ecologist cc. Matt Hough Tom Neubauer Jack Hunden Ross Deckman + Associates Inc Architecture • Planning • Design September 30, 2013 City of Federal Way 33530 1 st Way South Federal Way, WA 98063 Project: Kitts Corner Apartment Development Subject: Statement of Design Intent RECE TV FD OCT 0 4 2013 aT( OF FEDEW- WAY CDS General Proiect Description: A proposed 218 unit garden style apartment community located on South 336th St (SW corder of Pacific HWY S). The proposed community will consist of 3-story apartment buildings and 3-story carriage house buildings which contain garages on the 1 st level and dwelling units above. Amenities on site include a recreation building with pool and deck, a promenade along the wetland 1 buffer and main drive, and a walking trail located in the wetland 2 buffer. The total design is compatible with the original architectural concept of the Village at Federal Way Development Plan. Site Description: The project is located on the western portion of the 38.19 acre site and is zoned RM-2400 Multi -Family. The east side of the site (abutting Pacific Hwy S) is zoned BC — Community Business. The RM-2400 Multi -Family portion of the site contains two large wetlands — wetland 1 is on the west side and wetland 2 is on the east side. There is 12' of elevation change on the existing site. The high point of the site occurs near the S 336th St. entry to the project and slopes down to the southernmost buildable site area. The new grading will utilize parking areas, landscape areas and building steps to take up grade changes associated with the new construction. Site Plan features: The wetlands and their buffers give the site a unique linear feel. The main drive through the site connects S 336th street to Pacific Hwy S. The drive has been given special treatment to give it a more promenade feel adjacent to buildings L, N, P + V. This promenade treatment includes wide stamped and colored sidewalks, decorative lighting poles, benches and trash can. The buildings along the promenade have been designed to have pedestrian friendly elevations. The buildings have trellis or entry roofs at each individual unit (versus just at the building entrance) to promote a finer texture which lends itself to a more village feel. 207 4th Avenue SE • Puyallup, WA 98372 • P 253.840.9405 • F. 253.840.9503 Ross Deckman + Associates Inc Architecture • Planning • Design Buildings on Site: There are 218 units proposed for this site located in (12) 3- story apartment buildings, (8) 3-story carriage houses. There is also a large recreation center with a pool and deck located near the project entrance on S 336th St. 19-115.090 District Guidelines: This project is a non -single-family residential use; therefore, it falls under the requirements of subsections (1)(g) through (r) of this section. (1)(g) — landscaped yards will be provided between S 336th street and buildings A, F and Rec. The parking for these three buildings is located behind the buildings. (1)(h) — all parking lots are broken up into rows containing no more than 10 adjacent stalls, separated by planting areas. (1)(i) - a minimum six foot wide internal sidewalk system connects all buildings on site to both S 336th street and Pacific Hwy S. Lighting fixtures on site will not exceed 20 feet in height and will include cutoff shields. (1)(k) — principal entries facing drive aisles and pedestrian articulation are highlight with stamped concrete plazas, trellises, benches and decorative lighting fixtures. Both windows and decks above look over theses entrances. (1)(1) — all common recreational spaces are located so that windows, deck or patios overlook them. (1)(m) — all ground level dwelling units have individual private patios attached to them. These outdoor spaces are controlled by the individuals occupying the adjacent unit. (1)(n) — accessory buildings such as the mail kiosk and trash compactor enclosure will have roofs with a minimum of a 4:12 roof pitch. (1)(o) — the garages associated with the carriage buildings front the various drives and therefore do not have front yards. (1)(p) — there are no buildings on site that exceed 120' which are adjacent to residential zones, right-of-way, public parks or recreation areas; however, the buildings are being modulated — see attached exhibit. (1)(q) - the buildings are three story walk-up style apartments. The exterior elevations will be designed to have a distinct base, middle + top as required by 207 4th Avenue SE • Puyallup, WA 98372 • P. 253.840.9405 • F. 253 840.9503 r 1. J Ross Deckman + Associates Inc Architecture • Planning • Design the city. The base and middle will be accomplished by a change in siding color and exposure — the base level will also contain the most architectural elements. The top level will be the roof line which will be broken up with distinctive dormers that have change of siding to add further interest. There will be multiple types of color / siding schemes that will be spread randomly around the project. Rich earth tone colors have been chosen for the apartment bodies while white or cream accent colors will be used for trims at windows, doors, corners and roof lines. The doors will be richer, darker colors that will vary throughout the project to give each building a unique style. (1)(r) — entry porches or trellis elements are located at every building entrance. All units have patios on the ground floor and projecting decks on the upper levels. All windows on site are individual windows — there are no strip windows on site. All windows have a visible trim band around them. 207 4th Avenue SE • Puyallup, WA 98372 • P. 253.840.9405 • F .`Jim Harris From: Kung, Manisa <manisa_kung@fws.gov> Sent: Monday, August 25, 2014 2:23 PM To: Jim Harris Cc: Francine Subject: Re: FW: Kitts Corner, Federal Way development -Destruction of migratory birds during construction at Kitts Corner. Mr. Harris, I'm responding to the email we received from Ms. Wilhelm regarding her concern of the construction that may result in any migratory bird take. Per Title 16 USC § 703-712 Migratory Bird Treaty Act (MBTA), it is unlawful, unless permitted by regulation, to pursue, hunt, take, capture, kill, possess, sell, barter, purchase, ship, export, import any migratory birds or any part, nests, eggs, or product thereof. The word `take' as defined by 50 CFR 10.12 means "to pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to do the same". While destruction of a nest by itself is not prohibited under the MBTA, nest destruction that results in the unpeimitted take of migratory birds, young or their eggs, is illegal and fully prosecutable under the MBTA. Various species of migratory birds have varying breeding seasons. Please be aware of the bird species that may be nesting in the habitat you're developing in and assure that no birds or active nests are destroyed in the process. I have included a link to the U.S. Fish and Wildlife Service, Office of Law Enforcement page regarding laws and regulations. littp://www.fws.gov/le/laws-i-egulations.html Below is a link which shows a list of migratory bird species protected by the MBTA. htt://www.fws, ov/migrato birds/regulations olicies/mbtaIMBTANDX.HTML I appreciate your time and cooperation in this matter. Please let me know if you have any questions. Thank you, Manisa Kung Manisa Kung Special Agent U.S. Fish and Wildlife Service Office of Law Enforcement Tel: 425-883-8122 Fax:425-883-8471 On Fri, Aug 22, 2014 at 11:36 AM, Jim Harris <Jiin. Harris r0cityoffederalLv�cym> wrote: Ms Kung; t Do you have any input on this matter raised by Ms. Wilhelm? Development of the property has not yet begun, but could be started in the next few weeks. The project is not in violation of any City codes regarding wildlife and wildlife habitat. Jim Harris Contract Planner City of Federal Way Department of Community & Economic Development (253) 835-2652 'im.harris cit offederalway.com Typical office hours Mon, Tues, Thur, 7:30 MA-12:30 PM Best to reach me by email From: Francine [mailto:fwilhelm@earthlink.net] Sent: Wednesday, August 20, 2014 6:41 PM To: manisa kunQ@fws-gov Cc: Isaac Conlen Subject: Fw: Kitts Corner, Federal Way development -Destruction of migratory birds during construction at Kitts Corner. Hi Manisa, tforgot to carbon you on this August 12, 2014 email I sent to Issac Conlen, Federal Way. -----Forwarded Message ----- From: Francine Sent: Aug 12, 2014 10:57 AM To: "isaac.conlen cityoffederalway.com" Subject: Kitts Corner Re: destruction of migratory birds during construction at Kitts Corner. I wrote this in one of my emails: I'll recap by saying that I spoke with you because of my concern for the migratory birds that will be nesting on that site during construction. Disturbing migratory birds while they are nesting and raising their young could put you and the builder in violation of the Federal Migratory Birds Act. This is exactly what happened at the Condominium where I five. The Management Co. and Landscaper where both found to be in violation of the Migratory Bird Act. They disturbed migratory birds while they where nesting and raising their young. They destroyed the habitat, killing all the chicks and eggs in the process. The Management Company was fined $3000.00, not an insignificant amount for the size of the 2 small pond that were affected. The Landscaper was also fined. US Fish and Wildlife Agent Manisa Kung came out to the property, investigated and told the Landscaper to stop. The second time they were told to inspect the ponds before proceeding with their work. They did a walk around, and that's all. I really searched, and found two nests with eggs. I informed agent Manisa Kung about what I had found. They were told to stop again. You can contact Officer Scott Allee or Agent Manisa Kung for more information at 425-883-8122 X225. Francine Wilhelm > >1'II recap by saying that I spoke with you because of my concern for the migratory birds that will be nesting on that site during construction. Disturbing migratory birds while they are nesting and raising their young could put you and the builder in violation of the Federal Migratory Birds Act. The list of migratory birds is long and can easily be found on the Internet. Here is a link: htt www.fws. ov mi rato birds Re ulationsPolicies mbta MBTANDX.HTML >You mentioned that you would have to verify that the property is located amidst a migratory flyway. Please see htt birdin .about.com od birdin basics ss North-America-Mi ration-FI w,: 5.iiirn >A violation of the Act could halt construction until all the young are fledged and the birds are no longer raising families. Also, it does not matter if the property is privately owned or not. >Please call Manisa Kung of the US Fish and Wildlife to verify the information I have given you is accurate. Her number is 425-883-8122 X225. I'm not sure if she handles dry -land cases, however she can direct you if necessary. >Sincerely, >Francine Wilhelm >253-297-7455 DI , X800331919 1 st Ave S, Suite 1 1edera , ay, 95■„3.925.5565 1 253.925.5750 (f) Affidavit of Publication Rudi Alcott, being first duly sworn on oath, deposes and says that he is the Publisher of The Federal Way Mirror, a weekly newspaper. That said newspaper is published in the English language continually as a weekly newspaper in Federal Way, King County, Washington, and is now and during all of said time has been printed in an office maintained by the aforementioned place of publication of said newspaper. That the annexed is a true copy of a legal advertisement placed by City of Federal Way — Economic Development as it was published in regular issues (and not in supplemental form) of said newspaper once each week for a period of one consecutive weeks(s), commencing on the 7th day of March 2014 , and ending on the 7th day of March 2014, both dates inclusive, and that such newspaper was regularly distributed to its readers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of 119.69, which amount has been paid in full, or billed at the legal rate according to RCW 65.16.020. Subscribed to and sworn before me this 17th day of March 201 Notary Public in and for the State of Washington, Residing at Buckley •,�11111111111i. •• A r NOTARY Z PUBLIC _ A Federal Way NOTICE OF ENVIRONMENTAL DETERMINATION OF NONSIGNIFICANCE (DNS) Kitts Corner Multi -family Project File No:13-104419-00-SE The City of Federal Way has determined that the following project does not have a probable signifi- cant adverse impact on the environment, and an Environmental Impact Statement(EIS) is not re- quired under RCW 43.21C.030(2)(e). This decision was made after review of a completed environmen- tal checklist and other information on file with the city. Proposed Action: Proposed action is to de- velop 16 buildings with 216 multi -family housing units and 365 parking stalls. The project includes a proposed leasing/rental office, recreation center, recreational open space, landscaping, parking lots, storm drainage facilities, and utility improvements. The site contains two existing wetlands and their associated- buffer areas. Some minor temporary in- trusion into the wetland buffer areas is proposed. Proponent: CPH Consultants, Matthew Hough Location: Along the south side of South 336th Street at approximately the 1100 block of South 336th Street, Federal Way, WA SEPA Condition: Goals and policies adopted within the Federal Way Comprehensive Plan serve as the basis for the city to exercise SEPA substantive authorilif set forth in FWRC 14.25.060 and to condition the proposed action as it relates to potential adverse impacts that would result from this project. The following goals and policies support the condition for the de- velopment. TP11 Coordinate street and roadway improvement programs with appropriate state, regional, and lo- cal agencies. SEPA Condition: Based on the above policy, the following condition is required to minimize identified potential signifi- cant adverse impacts. The applicant shall make school access improve- ments that provide for safe walking routes and ac- cess to bus stops for school age children as re- quired by the Federal Way School District and the City of Federal Way. Further information regarding this action is available to the public upon request at the Federal Way Department of Community and Economic De- velopment (Federal Way City Hall, 33325 8th Ave- nue South, Federal Way, WA 98003). Contact Jim Harris, Contract Planner, at 253-835-2652 or jim.harris@cityoffederalway.com. This DNS is is- sued under WAC 197-11-340(2). Comments must be submitted by 5:00 p.m. on March 21, 2014. Unless modified by the city, this determination will become final following the comment deadline. Any person aggrieved by the city's determination may file an appeal with the city within 21 days (April 11, 2014) of the above comment deadline. Published in the lWeral Way Mirror on March 7, 2014. FWM 2116 RECEIVED MASTER LAND USE APPLICATION DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 4_0�� 33325 8`h Avenue South CITY OF OCT 0 4 2013 Federal Way, WA 98003-6325 Federal Way CITY OF FEDERAL. WAY 253-8 www. it Fax deralw5-2609 w ww.c i tvo ffed e_ra I way.4o nt CDS APPLICATION NOW —�� S —U P11-3+/0 Y O l '9 Date 12.2012 Project Name Kitts Corner Multifamily Property Address/Location Parcels South of S. 336th St and approx. 1,000' West of SR-99 intersection, Federal Way, WA Parcel Number(s) 202104-9004, 202104-9072, 202104-9001, 202104-9070, 202104-9069 Project Description Process III Site Plan Review for approximately 218 multifamily dwelling units and on -site recreation building. PLEASE PRINT Type of Permit Required Annexation Binding Site Plan . Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Director's Approval) Process II (Site Plan Review) X Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) _ Process VI X SEPA w/Project SEPA Only Shoreline: -VarianraelConditronal-Use Short Subdivision Subdivision Variance: Commercial/Residential Required Information RM-2400 Zoning Designation Multi -family Comprehensive Plan Designation N/A Value of Existing Improvements N/A Value of Proposed Improvements International Building Code (IBC): N/A flceupancy Type N/A Constriction Type Applicant Name: DevCo., Inc. Address: 11100 Main Street, Suite 301 City/State: Bellevue, WA Zip: 98004 Phone: (425) 453-9551 Fax: (425) 453-9566 Email: tneubauer@devcoapts.com Signature: Agent (if different than Applicant) Name: CPH Consultants Address: 733 7th Avenue, Suite 100 City/State: Kirkland, WA Zip: 98033 Phone: (425) 285-2390 Fax: (42�) 285-2389,---, Email: �-naftwpl7co*uwt%com Owner Name: Kitts Corner`�T�velopment, LLC AZ s: 1026 Bellevue Way SE ty Bulletin #003 —January 1, 2011 Page 1 of 1 k:\HandoutsuVIaster Land Use Application i 33330 - 8th Ave S Federal Way Federal Way WA 98003 Public Schools Phone: (253)-945-2000 www.fwns.ore RECEIVED BY COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT March 7, 2024 MAR 11 2014 Jim Harris Planning Division City of Federal Way 33325 8th Ave S Federal Way WA 98003 RE: School Access Analysis — Kitts Corner Multifamily Dear Mr. Harris, The Federal Way School District has reviewed the School Access Analysis provided for Kitts Corner Multifamily. Students living in this area will currently ride a bus to Panther Lake Elementary, Illahee Middle School and Todd Beamer High school. School service areas are reviewed each year and necessary boundary changes may be made to accommodate enrollment increases. Student safety must be considered for all students who would walk to the schools and to school bus stops from this development. Sidewalks and other planning features that assure safe walking conditions for students are factors the district must consider as we comment on development within our service areas. Upon review of the School Access Analysis, the district has determined that the proposed bus stops located on S 336th St just west of 13th PI S for Panther Lake students and on Pacific Hwy S, south of S 336th St for Illahee and Todd Beamer students are not acceptable. The District is opposed to placing bus stops on either S 3361h 5t or Pacific Hwy S. The District would like to place a bus stop within the development. In order to do that, the District would like a bus loop located toward the south end of the development on the access road to Pacific Hwy S. There would need to be adequate lighting and sidewalks to allow students to walk safely from their homes to the bus sto p. The District appreciates the opportunity to comment on this proposed development and reserves the right for further comment as additional information becomes available. Sincerely, 1 Tany scimento Student & Demographic Forecaster cc: Sally McLean, Assistant Superintendent: Business Services David Remmen, Safety & Security Manager Cindy Wendland, Support Services Director 41k CITY '0'::tS;P OF Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South PO Box 9718 Federal Way WA 98063-9718 253-835-7000; Fax 253-835-2609 www.ci offeder ilwa .com DECLARATION OF DISTRIBUTION I, Clayton Wiebe hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice 0 Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed ❑ e-mailed and/or El posted to or at each of the attached addresses on March 7th 2014. Project Name Kitts Corner Multi -Family Project File Number(s) 13-104419 Signature NDate J K:\PLANNING INTERN\Declaration of Distribution notices\Declaration of Distribution with Posting Sites.doc Posting Sites: Federal Way City Hall - 33325 8th Avenue Federal Way Regional Library - 34200 1 st Way South Federal Way 320th Branch Library - 848 South 320th Street Subject Site - One board on S 336th St. halfway between 1 Oth PI S and 13th PI S, and one board on Pacific Highway S to the south of S 3361h St near a utilities access road K:\PLANNING INTERN\Declaration of Distribution notices\Declaration of Distribution with Posting Sites.doc 4111ki6 � CIT Federal Way DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.cityoffederalway.com DECLARATION OF DISTRIBUTION I —hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice . Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other was mailed ❑ faxed \ll2014. Project Name File Number(s) ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document ]fie -mailed and/or ❑ posted to or at each of the attached addresses on �.w lzst Signature-7 Date 3' 7 �! K:\CD Administration Files\Declaration of Distribution.doc/Last printed 1 /22/2014 240:00 PM CITY OF Federal Way DETERMINATION OF NONSIGNIFICANCE (DNS) Kitts Corner Multi -Family Project File No: 13-104419-00-SE Description of Proposal: Proposed action is to develop an approximately 22.7-acre undeveloped site, with 16 individual buildings with 216 multi -family housing units and 365 parking stalls. The project includes a proposed leasing/rental office, recreation center, recreational open space, landscaping, parking lots, storm drainage facilities, and utility improvements. The site contains two existing wetlands and their associated buffer areas. Some minor intrusion into the wetland buffer areas is proposed. Proponent: CPH Consultants, Matthew Hough Location: Along the south side of South 336 h Street at approximately the 1100 block of South 336`h Street, Federal Way, WA Lead Agency: City of Federal Way Community and Economic Development Department City Staff Contact: Contract Planner Jim Harris, jim.harris _ cityoffederalway.cam or 253-835-2652 The Responsible Official of the City of Federal Way hereby makes the following decision based upon impacts identified in the environmental checklist, Federal Way Comprehensive Plan, Staff Evaluation for Environmental Checklist, and other municipal policies, plans, rules, and regulations designated as a basis for exercise of substantive authority under the Washington State Environmental Policy Act Rules pursuant to RCW 43.31C.060. The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment, and an Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. SEPA Condition: Goals and policies adopted within the Federal Way Comprehensive Plan serve as the basis for the city to exercise SEPA substantive authority set forth in FWRC 14.25.060 and to condition the proposed action as it relates to potential adverse impacts that would result from this project. The following goals and policies support the condition for the development. TPII Coordinate street and roadway improvement programs with appropriate state, regional, and local agencies. SEPA Condition: Based on the above policy, the following condition is required to minimize identified potential significant adverse impacts. The applicant shall make school access improvements that provide for safe walking routes and access to bus stops for school age children as required by the Federal Way School District and the City of Federal Way. This DNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date of issuance. Comments must be submitted by 5:00 p.m. on Friday, March 21, 2014. Unless modified by the city, this determination will become final following the above comment deadline. Any person aggrieved of the city's final determination may file an appeal with the city within 21 days of the above comment deadline. An appeal must be filed with the Federal Way City Clerk (address below), no later than 5:00 P.M. on April 11, 2014, stating the reasons for the appeal of the determination. You should be prepared to make factual objections. Responsible Official: Planning Manager Isaac Conlen for Patrick Doherty, Director of Community and Economic Development Address: 33325 8th Avenue South, Federal Way, WA 98003 Date Issued: March 7.2014 Signature: - 13-104419 Doc, I.D. 64945 Tamara Fix From: Tamara Fix Sent: Friday, March 07, 201410:10 AM To: 'ECY RE SEPA UNIT' Subject: Kitts Corner Multi -Family Project DNS Attachments: Kitts Corner DNS pkt for DOE.pdf Attached is the DNS and exhibits for the above -mentioned project. This is being issued on March 7, 2014, and the Contract Planner for the project is Jim Harris, 253-835-2652, iim.harriSC�cityofFederalwa�. Tamara Fix From: Tamara Fix Sent: Friday, March 07, 2014 10:43 AM To: suzanne.l.anderson@usace.army.mil'; 'sepacenter@dnr.wa.gov'; 'ramin.pazooki@wsdot.wa.gov'; 'sepadesk@dfw.wa.gov'; 'Fisher, Larry D (DFW)'; 'sepa@pscleanair.org'; claudew@pscleanair.org; 'gary.kriedt@kingcounty.gov'; 'tnascime@fwps.org'; 'basbury@lakehaven.org'; Chris Ingham; Gordon Goodsell; 'brandon.reynon@puyalluptribe.com'; 'laura.murphy@muckleshoot.nsn.us'; 'pcpals@co.pierce.wa.us';'shirley.schultz@ci.tacoma.wa.us'; 'kmarousek@ci.kent.wa.us'; 'cityhall@cityofedgewood.org'; 'jack.hunden@devcoapts.com'; matt@cphconsuItants.com Subject: Kitts Corner Multi -Family Project DNS Attachments: Kitts Corner DNS for agencies.pdf Attached is a DNS from the City of Federal Way regarding the above -mentioned project. The Contract Planner for the project is Jim Harris, 253-835-2652, 'im.harris ci offederalwa .com. 1 FEM�. rSEATTLEE MY CORPS/ENGINEER PAUL ROGERSREGION 10 NTH DIV REGULATORY BRANCH NATURAL RESOURCES CVN SVC 130 228T" ST SW 935 POWELL AVE SW X 3755RENTON WA 98055 BOTHELL WA 98021-9796 WA 98124425-487-4600 e29! Ianderson@usace.army.mil 1 paul rogers@wa.usda.gov EPA OLOGY d RSHA ENGEL ENVIRONMENTAL REVIEW SEC NTAL REVIEW SECGET SOUND PARTNERSHIP 1200 6T" AVE MD-126 03 11T" AVE SW STE 401 SEATTLE WA 98101 98504-7703 MPIA WA 98504-0900 y.wa.gov sha.engel@psp.wa.gov JACLYN FORD COMMER��KS &RECREATION COMMISSIC DEBT OF AGRICULTURE GROWTH GT SERVICES BOX 42650 PO BOX 42560 PO BOX 42525 OLYMPIA WA 9 8504-2650 OLYMPIA, WA 98504-2560 OLYMPIA WA 98504-2525 randy.kline@parks.wa.gov jford@agr.wa.gov reviewteam@commerce.wa.gov ON PAZOOKI JA ' TAYLOR WA NATURAL HERITAGE SDOT SOUTH KING COUNTY-._ /DNR SEPA CENTER DNR IPO BOX 330310 PO BOX 47015 PO BOX 47014 SEATTLE WA 98133-9710 OLYMPIA WA 98504-7015 OLYMPIA WA 98504-7014 ramin.pazooki@wsdot.wa.gov �' sepacenter@dnr.wa gSu- sepacenter@dnr.wa.gov �— ENERGY FACILITY SITE DEPT OF SOCIAL &HEALTH SVCS SRY WEINBERG EVALUATION COUNCIL LANDS AND BUILDING DIVISION OUND TRANSIT 1300 EVERGREEN PARK DRIVE PO BOX 45848 401 S JACKSON ST 1 PO BOX 43172 OLYMPIA, WA 98504 SEATTLE WA 98104-2826 OLYMPIA, WA 98504-3172 hubenbj@dshs.wa.gov - - efsec@utc.wa.gov DEPT OF ARCHAEOLOGY & BOB ZEi L-€R WASH STATE PARKS AND REC HISTORIC PRESERVATION DEP F FISH AND WILDLIF PO BOX 42668 PO BOX 48343 P BOX 43200 OLYMPIA WA 98504-2668 OLYMPIA WA 98504-8343 LLadesk@&w.wa.9.0v PIA, WA 98504-3155 randy.kline@parks.wa.gov gretchen.kaehler@dshs.wa.gov s LAURA ARBER (saltwater) ` FISHER (freshwater) MASTER BUILDERS ASSOC WDFW REGION 4 OFFICE fa W AREA HABITAT BIOLOGIST 335 116T" AVE SE 16018 MILL CREEK BLVD 12T" AVE NW STE 201 BELLEVUE WA 98004-6407 MILL CREEK WA 98012-1296 QUAH WA 98027 AWilford@MBAKS.com laura.arber@dfw.wa.gov tt��@dfw.wa.gov - KELLY COOPER F,TTN SEPA REVIEW US FISH &WILDLIFE SERVCE DEPT OF HEALTH PUGET SOUND CLEAN AIR AGENCY 510 FISH & WILDLIFE DR SE #102 ENVIRON HEALTH DIV 1904 3RD AVE STE 105 510 DE M ND D PO BOX 47820 SEATTLE WA 98101-3317 OLYMPIA WA 98504-7820 sepa@pscleanair.org kelly.cooper@doh.wa.gov ew@pscleanair org. PORT OF TACOMA PSRC ENVIRONMENTAL DEPT PORT OF SEATTLE--airport GROWTH MANAGEMENT DEPT PO BOX 1837 PO BOX 1209 1011 WESTERN AVE #500 TACOMA WA 98401-1837 SEATTLE WA 98111 SEATTLE WA 98104-1040 jjordan@portoftacoma com, rybolt.s@portseattle.org imiller@psrc.org smauermann@portoftacoma.com _ TLi�EAILE WATE THE CRY KRIEDT ~ ENTA PLI��OAP KING COUNTY TRANSIT DIV KC DEPT OF ASSESSMENTS -0505 / ENV PLANNING MS KSC-TR 0431. 500 4T" AVE RM 700 201 S JACKSON ST #ADM-AS-0708 SON T SEATTLE WA 98104-3856 SEATTLE WA 98104 A 98jiO4-3855 j gary.kriedt@kingcounty.gov (, �1 ►..�,rl LAND US SVC KCDDES 900 OAKESDALE AVE SW NTON WA 98057-5212 REGGIE HOLMES KC BOUNDARY REVIEW BOARD YESLER BUILDING, RM 240 400 YESLER WAY SEATTLE WA 98104 reginald.holmes@kingcounty.gov KING CO ROADS DIVISION COUNTY ROADS ENGINEER 155 MONROE AVE NE RENTON WA 98056 maint.roads@kingcounty.gov SOUTH KING COUNTY REGIONAL WATER ASSOCIATION 27224 144T" AVE SE KENT WA 98042 SOLID WASTE DIV KING CO DEPT OF NATURAL RES 201 S JACKSON ST STE 701 SEATTLE WA 98104-3855 kevin.kiernan@kingcounty.gov TANYA NASCIMENTO FW PUBLIC SCHOOLS 31405 18T" AVE S FEDERAL WAY WA 98003 tnascime@fwps.org KING COUNTY PARKS & REC 201 S JACKSON ST # 700 SEATTLE WA 98104 kathy. nygard@kingcounty.gov LARRY FAY PUBLIC HEALTH SEATTLE/KING 401 FIFTH AVE STE 1100 SEATTLE WA 98104 larry.fay@kingcounty.gov -BRIAN ASBURY LAKEHAVEN UTILITY DIST PO BOX 4249 ++' FEDERAL WAY WA 98063 basbury@lakehaven.org S H KING FIRE & RESCU FW CHAMBER OF COMMERCE 1617 1ST AVE S PO BOX 3440 FEDERAL WAY DISPOSAL FEDERAL WAY WA 98003 FEDERAL WAY WA 98063 PO BOX 1877 chris.ingham@southkingfire.org pmullen@federalwaychamber.com AUBURN WA 98071 gordon _ outhkingfire.org. terih@federalwaychamber.com BRANDON REYNON PUYALLUP TRIBE OF INDIANS HISTORIC PRESERVATION DEPT 3009 E PORTLAND AVE TACOMA WA 98404 on- com RON HOV7A PIERCE COUNTY HEALTH DEPT ENVIRONMENTAL HEALTH DIV 3629 S "D" ST TACOMA WA 98408 rohoward@ppchd org RYAN FLYNN TACOMA WATER DIVISION PO BOX 11007 TACOMA WA 98411 'CITY OF AUBURN 25 W MAIN ST ,AUBURN WA 98001 r KENT CITY HAL l}� PLANNING DEPT 220 4T" AVE S KENT WA 98032 MU�'�SHOOT INDIAN TRIBE -- ,FISHERIES DIVISION ATTN ENVIRONMENTAL REVIEWEE� 39015 172ND AVE SE AUBURN WA 98092 l PIERCE CO PLNG & LAND SVCS 2401 S 35T" ST TACOMA WA 98409-7460 CRAIG GIBSON TACOMA PUBLIC UTILITIES PO BOX 11007 TACOMA WA 98411 L RK CITY HALLDLAVESEWA 9 NE TAC NEIGHBORHOOD COUNCIL C/O DONNA STENGER TACOMA ECONOMIC DEV 747 MARKET ST RM 900 TACOMA WA 98402-3793 CITY OF EDGEWOOD CITY OF LAKEWOOD 2224 TH AVE E 10510 GRAVELLY LK DR SW STE 206 EDGEWOOD WA 98372- 513 LAKEWOOD WA 98499-5013 ityhall@cityofedgewoo rg -.' URA MURPHY TRIBAL ARCHAEOLOGIST MUCKLESHOOT INDIAN TR 39015 172ND AVE SE AUBURN WA 98092 ,aura.mur uckle800 Gi CITY OF TACOMA 747 MARKET ST STE 345 TACOMA WA 98402-3769 soiriey.schultz@ci.tacoma.wa. AUBURN SCHOOL DISTRICT 915 FOURTH NE AUBURN WA 98002 mnewman@auburn.wednet.edu Rq-B--LIC WORKS DIRECTOR ALGONA CITY HALL 402 WARDE ST -� ALGONA WA 98001 1 us HAYES ALEXANDER PLNG CHAIR NORTHEAST TACOMA NEIGHBORHOOD COUNCIL 5308 RIDGE DR NE TACOMA WA 98422 hayes18 nvent .com CITY OF MILTON 1000 LAUREL ST NIILTON WA 983 WASH ENVIRON COUNCIL 1402 3RD AVE STE 1400 SEATTLE WA 98101-2179 CITY OF SEATAC 4800 S 188T" ST SEATAC WA 98188 jdodge@ci.seatac.wa.us CITY OF BURIEN 415 SW 150T" ST BURIEN WA 98166-1957 scottg@burienwa.gov WATER DISTRICT #54 922 S 219T" ST DES MOINES WA 98198-6392 WATER DISTRICT #111 27224 144T" AVE SE KENT WA 98042-9058 FRIENDS OF THE HYLEBOS PO BOX 24971 FEDERAL WAY WA 98093 CITY OF DES MOINES 21630 11T" AVE S DES MOINES WA 98198 L FE ST E 8424 HIGHLINE WATER DISTRICT PO BOX 3867 KENT WA 98032-0367 mfossos@highlinewater.org COVINGTON WATER DISTRICT 18631 SE 300T" PL KENT WA 98042-9208 RI KITTREDGE D G CORBIN METRO TRANSIT SE KSC-TR-0413 g05 S 228T" ST 201 S JACKSON ST TWA 98032 ATTLE WA 98104-3856' SAM PACE SEA/KING CO ASSOC/REALTORS 29839 154T" AVE SE KENT WA 98042-4557 sampace@concentric.net �TEDERA5� AY Mf-- O 31919 .:1 AV S' STE C FEDERAL W�, WA�003 SEATTLE PI 2601 ELLIOTT AVE STE 300A SEATTLE WA 98121 LEAGUE OF WOMEN VOTERS OF SOUTH KING COUNTY PO BOX 66037 BURIEN WA 98166 info@seattlelwv.org FEDERAL WAY NEWS 14006 1 ST AVE S STE B BURIEN WA 98168 MONICA ADAMS PIERCE TRANSIT PO BOX 99070 LAKEWOOD WA 98499-0070 madams@piercetransit.org CITY OF NORMANDY PARK 801 SW 174T" ST NORMANDY PARK WA 98166 TERRY LUKENS BELLEVUE COUNCIL OFFICE PO BOX 90012 BELLEVUE WA 98009-9012 council@bellevuewa.gov MIDWAY SEWER DISTRICT PO BOX 3487 KENT WA 98032 ken@midwaysewer.org HOLLY WILLIAMSON OLYMPIC PIPELINE CO 2319 LIND AVE SW RENTON WA 98055 JILL GASTON REALTY SPEC BPA REAL PROPERTY 28401 COVINGTON WAY SE KENT WA 98042 MICHAEL FELDMAN AVIATION PLANNING SEATAC PO BOX 68727 SEATTLE WA 98168-0727 ATTN NEWSROOM TACOMA NEWS TRIBUNE 1950 S STATE ST TACOMA WA 98405 newstips@thenewstribune.com `JA %AJel+ Vl (3euco L s. co M DAT PRO ICE V QV DO � AN - ... 12nv6 SEATTLE aR-12-1 41k CITY 10';:0P OF Federal Way DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.ci offederalwy .�om DECLARATION OF DISTRIBUTION i era hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was X mailed ❑ faxed ❑ e-mailed and/or ❑ posted to or at each of the attached addresses on 6 2014. Project Name "t A File Number(s) i , )Oyyj 7 r� Signature Date 7') y K:\CD Administration Files\Declaration of Distribution.doc/Last printed 1 /22/2014 2:40:00 PM 4ik CITY OF 401;:tSP Federal Way NOTICE OF ENVIRONMENTAL DETERMINATION OF NONSIGNIFICANCE (DNS) Kitts Corner Multi -family Project File No: 13-104419-00-SE The City of Federal Way has determined that the following project does not have a probable significant adverse impact on the environment, and an Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the city. Proposed Action: Proposed action is to develop 16 buildings with 216 multi -family housing units and 365 parking stalls. The project includes a proposed leasing/rental office, recreation center, recreational open space, landscaping, parking lots, storm drainage facilities, and utility improvements. The site contains two existing wetlands and their associated buffer areas. Some minor temporary intrusion into the wetland buffer areas is proposed. Proponent: CPH Consultants, Matthew Hough Location: Along the south side of South 336`h Street at approximately the 1100 block of South 336th Street, Federal Way, WA SEPA Condition: Goals and policies adopted within the Federal Way Comprehensive Plan serve as the basis for the city to exercise SEPA substantive authority set forth in FWRC 14.25.060 and to condition the proposed action as it relates to potential adverse impacts that would result from this project. The following goals and policies support the condition for the development. TPll Coordinate street and roadway improvement programs with appropriate state, regional, and local agencies. SEPA Condition: Based on the above policy, the following condition is required to minimize identified potential significant adverse impacts. ■ The applicant shall make school access improvements that provide for safe walking routes and access to bus stops for school age children as required by the Federal Way School District and the City of Federal Way. Further information regarding this action is available to the public upon request at the Federal Way Department of Community and Economic Development (Federal Way City Hall, 33325 81, Avenue South, Federal Way, WA 98003). Contact Jim Harris, Contract Planner, at 253-835-2652 or }im.haris(i , .yoffederalway.com. This DNS is issued under WAC 197-11-340(2). Comments must be submitted by 5:00 p.m. on March 21, 2014. Unless modified by the city, this determination will become final following the comment deadline. Any person aggrieved by the city's determination may file an appeal with the city within 21 days (April 11, 2014) of the above comment deadline. Published in the Federal Way Mirror on March 7, 2014. 13- 1321800020 KRS HOLDINGS LLC C/O KUETGENS KIRA 703 SW 350TH CT FEDERAL WAY, WA 98023 2021049004 KNIGHT CREDIT TRUST PO BOX 13519 ARLINGTON, TX 76094 2021049001 JEMKITTS LLC 1001 WESTLAKE AVE N SEATTLE, WA 98109 2021049051 PROGRESSIVE CASUALTY INSURANCE R E NOTIFICATIONS OHL23 PO BOX 89429 CLEVELAND OH 44101 Yo_� 2021049002 SKCMSC FEDERAL WAY ASSOCS 11627 AIRPORT RD #B EVERETT, WA 98204 2021049069 KITTS CORNER PARTNERS L L C 1026 BELLEVUE WY SE BELLEVUE WA 98004 2021049070 2021049072 2021049080 CAMPUS GATEWAY ASSOCIATES PETERSON L R DDS JONES RALPH C/O LEONARD C SCHARDT CPA PO BOX 676 31 BAYBERRY CIRCLE 1026 BELLEVUE WAY SE ISSAQUAH, WA 98027 ROCKPORT, TX 78382 BELLEVUE, WA 98004 2021049086 2021049090 9265030040 L& D WA LLC NELSON E CURTIS+ELIZABETH A T L C ENTERPRISES PO BOX 30000 627 E FRANCIS AV C/O GOODMAN ROBERT PMB 456 SPOKANE, WA 99270 714 ROSE ST JACKSON, WY 83002 FIRCREST, WA 98466 2021049120 2021049119 2121049024 2121049050 2121049025 PATTISON MICHAEL A+LARRY W MCELROY THORNTON F OH INVESTMENTS LLC 4604 SW 327TH PL LODGE NO. 302F&AM PO BOX 532920 FEDERAL WAY, WA 98023 PO BOX 23573 BELLEVUE, WA 98015 FEDERAL WAY, WA 98093 2121049026 9265030035 2121049037 2121049027 CHRISTIAN FAITH CENTER KINDERCARE LEARNING CENTERS INC RED CANOE CREDIT UNION 33645 20TH AVE S 650 NE HOLLADAY ST #1400 PO BOX 3020 FEDERAL WAY, WA 98003 PORTLAND, OR 97232 LONGVIEW, WA 98632 9265030055 9265030010 3903800150 MULTI SERVICE CENTER WAVA LLC SPECTRUM BUSINESS PARK & SP L L C PO BOX 23699 17616 SE 45TH PL 3620 100TH ST SW STE #A FEDERAL WAY, WA 98093 BELLEVUE, WA 98006 TACOMA, WA 98499 3903800160 7978200050 7978200060 9265010080 INSTITUTE FOR FAMILY DEV GLEE DRAPER WASHINGTON TRUCKING ASSN 34004 16TH AV S, SUITE 200 11243 MARINE VIEW DR SW 930 S 336TH ST FEDERAL WAY, WA 98003 SEATTLE, WA 98146 FEDERAL WAY, WA 98003 9264800110 9264800140 9264800120 9265030030 CAMPUS BUSINESS PARK ROLLING FRITO-LAY SALES LP WOODLAND REALTY SERVICES 1019 PACIFIC AVE #1119 C/O MCELROY GEORGE INC C/O PARKWAY PRNTRSHP TACOMA, WA 98402 3131 S VAUGHN WAY SUITE 301 119 W ROY ST # 4 AURORA, CO 80014 SEATTLE, WA 98119 9264800150 9265010010 9265030020 9265030050 OMNI PROPERTIES INC HOEFER HOLDINGS L L C HASSEN PROPERTIES INC 909 S 336TH ST #103 16503 RAILROAD WY 3727 S 194TH FEDERAL WAY, WA 98003 SNOHOMISH, WA 98296 SEATTLE, WA 98188 92-55030053 SCHULTZ MURPHY PROPERTIES C/O ZSA INC 30504 PACIFIC HWY SOUTH FEDERAL WAY, WA 98003 2121049068 CHRISTIAN FAITH CENTER C/O LEWELYN REAL ESTATE P O BOX 902 KENT WA 98035 LETTER of TRANSMITTAL DATE: November 25, 2013 TO: Jim Harris Address: City of Federal Way 33325 81h Avenue South Federal Way, WA 98003-6325 FROM: Matthew Hough, PE PROJECT: Kitts Corner MF CPH Project No. 0024-12-017 CP H CONSULTANTS 733 7t' Avenue, Suite 100 Kirkland, WA 98033 Phone (425)285-2390 Fax (425)285-2389 www.cphconsultants.com RE: Revised Mailing Labels/ Envelopes for Public Notices The Following Items Are: ■ Enclosed ❑ Under Separate Cover ■ For Your Use ■ As Requested ❑ Confidential ❑ For Approval Copies Pages Date Description 2 Self-addressed mailing labels envelopes for public notices 2 2 , Copy of recipient names within 300 ft boundary receiving notices Remarks: Enclosed are two sets of revised mailing labels/envelopes for the public notices for the Kitts Corner Multifamily project, along with two copies of the mailing label recipients for your use. If you have any questions or need additional information, please don't hesitate to contact me. Thanks. RESU BMITTEPARTMENTOFCOMMUNITV DEVELOPMENT SERVICES 33325 8th Avenue South 4illkk6� Federal Way, WA 98003-6325 CITY OF NOV 2 5 2013 253-835-2607; Fax253-835-2609 Federal Way C.OF FEDERAL WAY IK citvoffederahva .com CDS T RESU BM ITTAL INFORMATION This completed form MUST accompany all resubmittals. "Please note: Additional or revised plans or documents for an active project will not be accepted unless accompanied by this completed form. Mailed resubmitials that do not include this form or that do not contain the correct number of copies will be returned or discarded. You are encouraged to submit a# items in person and to contact the Permit Counter prior to submitting if you are not sure about the number of copies required. ** ANY CHANGES TO DRAWINGS MUST BE CLOUDED. Project Number: / 3 - �) 4-1 'q —L 2— _ u P - Project Name: ivt e�vL Project Address: W"M Project Contact: Phone: ( 1s-) 202�-- �Z39 1 RESUBMITTED ITEMS: # of Copies ** Detailed Description of Item �-07o .r ** Always submit the same number of copies as required foryour initial application.** Resubmittal Requested by: r7 Letter Dated: (Z5tan MeMDeq OFFICE USE ONL Y RESUB A' 1 Distribution Date. F 7-5 1 Dept/Div Name # Description Building Planning PW Fire Other Bulletin # 129 — January 1, 2011 Page 1 of 1 k:\Handouts\Resubmittal Information CITY OF+'� Federal lJ1!'ay NOTICE OF ENVIRONMENTAL DETERMINATION OF NONSIGNIFICANCE (DNS) Kitts Corner Multi -family Project File No: 13-104419-00-SE The City of Federal Way has determined that the following project does not have a probable significant adverse impact on the environment, and an Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the city. Proposed Action: Proposed action is to develop 16 buildings with 216 multi -family housing units and 365 parking stalls. The project includes a proposed leasing/rental office, recreation center, recreational open space, landscaping, parking lots, storm drainage facilities, and utility improvements. The site contains two existing wetlands and their associated buffer areas. Some minor temporary intrusion into the wetland buffer areas is proposed. Proponent: CPH Consultants, Matthew Hough Location: Along the south side of South 336t' Street at approximately the 1100 block of South 33601 Street, Federal Way, WA SEPA Condition: Goals and policies adopted within the Federal Way Comprehensive Plan serve as the basis for the city to exercise SEPA substantive authority set forth in FNNaC 14.25.060 and to condition the proposed action as it relates to potential adverse impacts that would result from this project. The following goals and policies support the condition for the development. TP11 Coordinate street and roadway improvement programs with appropriate state, regional, and local agencies. SEPA Condition: Based on the above policy, the following condition is required to minimize identified potential significant adverse impacts. • The applicant shall make school access improvements that provide for safe walking routes and access to bus stops for school age children as required by the Federal Way School District and the City of Federal Way. Further information regarding this action is available to the public upon request at the Federal Way Department of Community and Economic Development (Federal Way City Hall, 33325 81' Avenue South, Federal Way, WA 98003). Contact Jim Harris, Contract Planner, at 253-835-2652 or 'im.harris(@ciiyoffederalwU.com. This DNS is issued under WAC 197-11-340(2). Comments must be submitted by 5:00 p.m. on March 21, 2014. Unless modified by the city, this determination will become final following the comment deadline. Any person aggrieved by the city's determination may file an appeal with the city within 21 days (April 11, 2014) of the above comment deadline. Published in the Federal Way Mirror on March 7, 2014. 13-104419 Doc. I.D. 64944 4k Federal Way DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.cifyoffederalway.com DECLARATION OF DISTRIBUTION hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was 4 [Imailed ❑ faxed Ke-mailed and/or ❑ posted to or at each of the attached addresses on 1V rrrv�-2074. Project Name File Number(s) �J- -11, r" rr,-)e-r � - i b Y ` ) Signature Date K:\CD Administration Files\Declaration of Dist4bution.doc/Last printed 1 /22/2014 2:40:00 PM Tamara Fix From: Jennifer Anderson <jnderson@fedwaymirror.com> Sent: Thursday, March 06, 201411:31 AM To: Tamara Fix Subject: Re: Kitts Corner Legal Notice Got it, thanks! Jennifer Anderson Advertising Sales Consultant Office: 253-925-5565, Ext 3056 Internal: 02-3056 Fax: 253-925-5750 31919 1st Ave S, Ste 101, Federal Way, WA 98003 12 Sound Publishing, Inc. Map Print Rates Online Rates Media Kit Sound Info On Thu, Mar 6, 2014 at 11:04 AM, Tamara Fix <Famara.Fix 4.cityoffederalway.com> wrote: Please publish the following legal notice (Kitts Corner DNS, 13-104419) in Friday's (3-7-14) issue. Please confirm and issue an affidavit of publication. Thanks! CITY of Federal Way NOTICE OF ENVIRONMENTAL DETERMINATION OF NONSIGNIFICANCE (DNS) Kitts Corner Multi -family Project File No: 13-104419-00-SE The City of Federal Way has determined that the following project does not have a probable significant adverse impact on the environment, and an Environmental Impact Statement (EIS) is not required under RCW 43.21 C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the city. Proposed Action: Proposed action is to develop 16 buildings with 216 multi -family housing units and 365 parking stalls. The project includes a proposed leasing/rental office, recreation center, recreational open space, landscaping, parking lots, storm drainage facilities, and utility improvements. The site contains two existing wetlands and their associated buffer areas. Some minor temporary intrusion into the wetland buffer areas is proposed. Proponent: CPH Consultants, Matthew Hough Location: Along the south side of South 336"' Street at approximately the 1100 block of South 336t' Street, Federal Way, WA SEPA Condition: Goals and policies adopted within the Federal Way Comprehensive Plan serve as the basis for the city to exercise SEPA substantive authority set forth in FWRC 14.25.060 and to condition the proposed action as it relates to potential adverse impacts that would result from this project. The following goals and policies support the condition for the development. TPTI Coordinate street and roadway improvement programs with appropriate state, regional, and local agencies. SEPA Condition: Based on the above policy, the following condition is required to minimize identified potential significant adverse impacts. • The applicant shall make school access improvements that provide for safe walking routes and access to bus stops for school age children as required by the Federal Way School District and the City of Federal Way. Further information regarding this action is available to the public upon request at the Federal Way Department of Community and Economic Development (Federal Way City Hall, 33325 8 h Avenue South, Federal Way, WA 98003). Contact Jim Harris, Contract Planner, at 253-835-2652 or iim.harris@cityoffederalM.com. This DNS is issued under WAC 197-11-340(2). Comments must be submitted by 5:00 p.m. on March 21, 2014. Unless modified by the city, this determination will become final following the comment deadline. Any person aggrieved by the city's determination may file an appeal with the city within 21 days (April 11, 2014) of the above comment deadline. Published in the Federal Way Mirror on March 7, 2014. 4k CIT Federal Way DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.cityoffederqlway.corn DECLARATION OF DISTRI13UTION I _ hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scbping Notice Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Pemit ❑ Adoption of Existing Environmental Document was 3[ mailed ❑ faxed ❑ e-mailed and/or ❑ posted to or at each of the attached addresses on 2074. Project Name - k' File Number(s) i 5 loyyi 7 Signature Date - 7 - i Y KACD Administration Files\Declaration of Distribution.doc/Last printed 1 /22/2014 240:00 PM 0411.- �� CITY OF Federal Way NOTICE OF ENVIRONMENTAL DETERMINATION OF NONSIGNIFICANCE (DNS) Kitts Corner Multi -family Project File No: 13-104419-00-SE The City of Federal Way has determined that the following project does not have a probable significant adverse impact on the environment, and an Environmental Impact Statement (EIS) is not required under RCW 43.21 C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the city. Proposed Action: Proposed action is to develop 16 buildings with 216 multi -family housing units and 365 parking stalls. The project includes a proposed leasing/rental office, recreation center, recreational open space, Iandscaping, parking lots, storm drainage facilities, and utility improvements. The site contains two existing wetlands and their associated buffer areas. Some minor temporary intrusion into the wetland buffer areas is proposed. Proponent: CPH Consultants, Matthew Hough Location: Along the south side of South 336t' Street at approximately the 1100 block of South 336t' Street, Federal Way, WA SEPA Condition: Goals and policies adopted within the Federal Way Comprehensive Plan serve as the basis for the city to exercise SEPA substantive authority set forth in FWRC 14.25.060 and to condition the proposed action as it relates to potential adverse impacts that would result from this project. The following goals and policies support the condition for the development. TP11 Coordinate street and roadway improvement programs with appropriate state, regional, and local agencies. SEPA Condition: Based on the above policy, the following condition is required to minimize identified potential significant adverse impacts. The applicant shall make school access improvements that provide for safe walking routes and access to bus stops for school age children as required by the Federal Way School District and the City of Federal Way. Further information regarding this action is available to the public upon request at the Federal Way Department of Community and Economic Development (Federal Way City Hall, 33325 8`b Avenue South, Federal Way, WA 98003). Contact Jim Harris, Contract Planner, at 253-835-2652 or 'im.harris citvoffederalwa .ccsm. This DNS is issued under WAC 197-11-340(2). Comments must be submitted by 5:00 p.m. on March 21, 2014. Unless modified by the city, this determination will become final following the comment deadline. Any person aggrieved by the city's determination may file an appeal with the city within 21 days (April 11, 2014) of the above comment deadline. Published in the Federal Way Mirror on March 7, 2014. 13— 16`(c(I1=�C Kc�� C6,r, (' 1321800020 2021049001 2021049002 KRS HOLDINGS LLC JEMKITTS LLC SKCMSC FEDERAL WAY ASSOCS C/O KUETGENS KIRA 1001 WESTLAKE AVE N 11627 AIRPORT RD #B 703 SW 350TH CT SEATTLE, WA 98109 EVERETT, WA 98204 FEDERAL WAY, WA 98023 2021049004 2021049051 2021049069 KNIGHT CREDIT TRUST PROGRESSIVE CASUALTY INSURANCE KITTS CORNER PARTNERS L L C PO BOX 13519 R E NOTIFICATIONS OHL23 1026 BELLEVUE WY SE ARLINGTON, TX 76094 PO BOX 89429 BELLEVUE WA 98004 CLEVELAND OH 44101 2021049070 2021049072 2021049080 CAMPUS GATEWAY ASSOCIATES PETERSON L R DDS JONES RALPH C/O LEONARD C SCHARDT CPA PO BOX 676 31 BAYBERRY CIRCLE 1026 BELLEVUE WAY SE ISSAQUAH, WA 98027 ROCKPORT, TX 78382 BELLEVUE, WA 98004 2021049086 2021049090 9265030040 L& D WA LLC NELSON E CURTIS+ELIZABETH A T L C ENTERPRISES PO BOX 30000 627 E FRANCIS AV C/O GOODMAN ROBERT PMB 456 SPOKANE, WA 99270 714 ROSE ST JACKSON, WY 83002 FIRCREST, WA 98466 2021049120 2021049119 2121049024 2121049050 2121049025 PATTISON MICHAEL A+LARRY W MCELROY THORNTON F OH INVESTMENTS LLC 4604 SW 327TH PL LODGE NO. 302F&AM PO BOX 532920 FEDERAL WAY, WA 98023 PO BOX 23573 BELLEVUE, WA 98015 FEDERAL WAY, WA 98093 2121049026 9265030035 2121049037 2121049027 CHRISTIAN FAITH CENTER KINDERCARE LEARNING CENTERS INC RED CANOE CREDIT UNION 33645 20TH AVE S 650 NE HOLLADAY ST #1400 PO BOX 3020 FEDERAL WAY, WA 98003 PORTLAND, OR 97232 LONGVIEW, WA 98632 9265030055 9265030010 3903800150 MULTI SERVICE CENTER WAVA LLC SPECTRUM BUSINESS PARK & SP L L C PO BOX 23699 17616 SE 45TH PL 3620 100TH ST SW STE #A FEDERAL WAY, WA 98093 BELLEVUE, WA 98006 TACOMA, WA 98499 3903800160 7978200050 7978200060 9265010080 INSTITUTE FOR FAMILY DEV GLEE DRAPER WASHINGTON TRUCKING ASSN 34004 16TH AV S, SUITE 200 11243 MARINE VIEW DR SW 930 S 336TH ST FEDERAL WAY, WA 98003 SEATTLE, WA 98146 FEDERAL WAY, WA 98003 9264800110 9264800140 9264800120 9265030030 CAMPUS BUSINESS PARK ROLLING FRITO-LAY SALES LP WOODLAND REALTY SERVICES 1019 PACIFIC AVE #1119 C/O MCELROY GEORGE INC C/O PARKWAY PRNTRSHP TACOMA, WA 98402 3131 S VAUGHN WAY SUITE 301 119 W ROY ST # 4 AURORA, CO 80014 SEATTLE, WA 98119 9264800150 9265010010 9265030020 9265030050 OMNI PROPERTIES INC HOEFER HOLDINGS L L C HASSEN PROPERTIES INC 909 S 336TH ST #103 16503 RAILROAD WY 3727 S 194TH FEDERAL WAY, WA 98003 SNOHOMISH, WA 98296 SEATTLE, WA 98188 9265030053 2121049068 SCHULTZ MURPHY PROPERTIES CHRISTIAN FAITH CENTER C/O ZSA INC C/O LEWELYN REAL ESTATE 30504 PACIFIC HWY SOUTH P 0 BOX 902 FEDERAL WAY, WA 98003 KENT WA 98035 LETTER of TRANSMITTAL DATE: November 25, 2013 TO: Jim Harris Address: City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 FROM: Matthew Hough, PE PROJECT: Kitts Corner MF CPH Project No. 002A-12-017 RE: Revised Mailing Labels/Envelopes for Public Notices The Following Items Are: ■ Enclosed ❑ Under Separate Cover • For Your Use ■ As Requested ❑ Confidential ❑ For Approval Copies Pages Date 2 2 2 CP H CONSULTANTS 733 7'h Avenue, Suite 100 Kirkland, WA 98033 Phone (425)285-2390 Fax (425)285-2389 www.cphconsu Ita nts.com Description Self-addressed mailing labels/envelopes for public notices Copy of recipient names within 300 ft boundary receiving notices Remarks: Enclosed are two sets of revised mailing I a bels/enve lopes for the public notices for the Kitts Corner Multifamily project, along with two copies of the mailing label recipients for your use. If you have any questions or need additional information, please don't hesitate to contact me. Thanks. RES U BM ITTEE)PARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 81h Avenue South � Federal Way, WA 98003-6325 CITY OF NOV 25 2013 253-835-2607;Fax 253-835-2609 Federal Way CITY OF FEDERAL WAY www.cityoffederalway.com CDS `T RESUBMITTAL INFORMATION This completed form MUST accompany a# resubmitta/s. "Please note: Additional or revised plans or documents for an active project will not be accepted unless accompanied by this completed form. Mailed resubmittals that do not include this form or that do not contain the correct number of copies will be returned or discarded. You are encouraged to submit all items in person and to contact the Permit Counter prior to submitting if you are not sure about the number ofcopies required ** ANY CHANGES TO DRAWINGS MUST BE CLOUDED. Project Number: / 3 - —L D 'q '-/ --L z— - u P - Project Name: i P F Project Address 5'OVO4L. 33&-t-l- S-'�� Project Contact: Phone: 2� 285-2-3 ` RESUBMITTED ITEMS: # of Copies ** Detailed Description of Item Iz , e_,Kv ** Always submit the same number of copies as required for your initial application. Resubmittal Requested by : �J s fan �m �� Letter Dated: ! 113 dd OFFICE USE ONL Y RESUB A' 1 Distribution Date: IZ�Zl � By-'-10—r Dept/Div Name # Description Buildin Plannin PW Fire Other Bulletin # 129 — January 1, 2011 Page 1 of 1 k:\I4andouts\Resubrnittal Information IL C (j7-T 31919 1 Ave S, Suite 101 1 Federal, Way, WA 98063 f Z3.925.5565 1253.925.5750 M Affidavit of Publication Rudi Alcott, being first duly sworn on oath, deposes and says that he is the Publisher of The Federal Way Mirror, a weekly newspaper. That said newspaper is published in the English language continually as a weekly newspaper in Federal Way, King County, Washington, and is now and during all of said time has been printed in an office maintained by the aforementioned place of publication of said newspaper. That the annexed is a true copy of a legal advertisement placed by City of Federal Way — Economic Development as it was published in regular issues (and not in supplemental form) of said newspaper once each week for a period of one consecutive weeks(s), commencing on the 7th day of March 2014 , and ending on the 7th day of March 2014., both dates inclusive, and that such newspaper was regularly distributed to its readers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $119.69, which amount has been paid in full, or billed at the legal rate according to RCW 65.16.020. Subscribed to and sworn before me this 17th day of March 2014. Notary Public in and for the State of Washington, Residing at Buckley k A AIUD ` NOTARY • z PUBLIC i���O f'W;S�,� ��� A Federal Way NOTICE OF ENVIRONMENTAL DETERMINATION OF NONSIGNIFICANCE (DNS) Kitts Corner Multi -family Project File No:13-104419-00-SE The City of Federal Way has determined that the following project does not have a probable signifi- cant adverse impact on the environment, and an Environmental Impact Statement(EIS) is not re- quired under RM 43.21C.030(2)(e), Thls decision was made after reuiew of a completed enviroorrrerr- tal checklist and other information on file with the city. Proposed Action: Proposed action is to de- velop 16 buildings with 216 multi -family housing units and 365 parking stalls. The project includes a proposed leasing/rental office, recreation center, recreational open space, landscaping, parking lots, storm drainage facilities, and utility improvements. The site contains two existing wetlands and their associated• buffer areas. Some minor temporary in- trusion into the wetland buffer areas is proposed. Proponent: CPH Consultants, Matthew Hough Location: Along the south side of South 336th Street at approximately the 1100 block of South 336th Street, Federal Way, WA SEPA Condition: Goals w policies adopted within the Federal Way Comprehensive Plan serve as the basis for the city to exercise SEPA substantive authority set forth in FWRC 14.25.060 and to condition the proposed action as it relates to potential adverse impacts that would result from this project. The following goals and policies support the condition for the de- velopment. TP11 Coordinate street and roadway improvement programs with appropriate state, regional, and lo- cal agencies. SEPA Condition: Based on the above policy, the following condition is required to minimize identified potential signifi- cant adverse impacts. The applicant shall make school access improve- ments that provide for safe walking routes and ac- cess to bus stops for school age children as re- quired by the Federal Way School District and the City of Federal Way. Further information regarding this action is available to the public upon request at the Federal Way Department of Community and Economic De- velopment (Federal Way City Hall, 33325 8th Ave- nue South, Federal Way, WA 98003). Contact Jim Harris, Contract Planner, at 253-835-2652 or jim.harris@cityoffederalway.com. This DNS is is- sued under WAC 197-11-340(2). Comments must be submitted by 5:00 p.m. on March 21, 2014. Unless modified by the city, Ihis determination will became final following the comment deadline. Any person aggrieved by the city's determination may file an appeal with the city within 21 days (April 11, 2014) of the above comment deadline. Published in the Federal Way Mirror on March 7, 2014. FWM 2116 CITY OF Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South PO Box 9718 Federal Way WA 98063-9718 253-835-7000; Fax 253-835-2609 www.citvoffederalway.com DECLARATION OF DISTRIBUTION I, Clayton wiebe hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice O Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed ❑ e-mailed and/or 0 posted to or at each of the attached addresses on March 7tn , 2014. Project Name Kitts Corner Multi -Family Project File Number(s) 13-104419-SE Signature Date K:\PLANNING INTERN\Declaration of Distribution notices\Declaration of Distribution with Posting Sites.doc Posting Sites: Federal Way City Hall - 33325 8th Avenue Federal Way Regional Library - 34200 1 st Way South Federal Way 3201h Branch Library - 848 South 320th Street Subject Site - One board on S 336th St. halfway between 1 Oth PI S and 13th PI S, and one board on Pacific Highway S to the south of S 336th St near a utilities access road K:\PLANNING INTERN\Declaration of Distribution notices\Declaration of Distrlbution with Posting Sltes.doc CITY OF - - Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South PO Box 9718 Federal Way WA 98063-9718 253-835-7000; Fax 253-835-2609 www.cityoffederalway.com DECLARATION OF DISTRIBUTION 1, Clayton Wiebe hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑x Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed ❑ e-mailed and/or 0 posted to or at each of the attached addresses on March 7th 2014. Project Name Kitts Corner Multi -Family Project File Number(s) 13-104419-SE Signature Date J :2 - K:\PLANNING INTERN\Declaration of Distribution notices\Declaration of Distribution with Posting Sites.doc Posting Sites: Federal Way City Hall - 33325 8th Avenue Federal Way Regional Library - 34200 1 st Way South Federal Way 320th Branch Library - 848 South 320th Street Subject Site - One board on S 336th St. halfway between 1 Oth PI S and 13th PI S, and one board on Pacific Highway S to the south of S 336th St near a utilities access road KAPLANNING INTERN\Declaration of DlsMbutlon notices\Declaration of Distribution with Posting Sites.doc Liberty Mytual.® SURETY November 1, 2019 1 oz - #10 - J000000 - 77 -153 ir- CITY OF FEDERAL WAY DEPT PO BOX 9718 FEDERAL WAY WA 98063 Dear Obligee F1L—%aL—e V ILAL0 NOV 2 0 2019 CITY OF FFDFRAL WAY PUB IO WORKS DEFT_ OF PUBLIC WORKS Liberty Mutual Surety 2200 Renaissance Boulevard, Suite 400 I<ing of Prussia, PA 19406 i LI, to Lj 2G-1 -00 A �r i2U I S3 3{,k S On May 31, 2019 Liberty Mutual Insurance Company ("Liberty") acquired the U.S. surety operations of AmTrust Financial Services which includes Developers Surety & Indemnity Company, CorePointe Insurance Company, Indemnity Company of California and Wesco Insurance Company. Liberty is now liable for the above referenced surety obligation. To memorialize and clarify the liability of Liberty for the referenced obligation, we have enclosed an Assumption of Liability Rider ("Rider"). Depending on the obligation, the surety on the Rider is Liberty or Ohio Casualty Insurance Company ("OCIC"). Liberty is an admitted surety in good standing with a U.S. Treasury Listing of $1,289,139,000. OCIC is an admitted surety in good standing with a U.S. Treasury Listing of $175,415,000. As noted on the Rider, upon the effective date the assuming surety will be the surety as if the new surety originally issued the bond. In recognition of this assumption, we ask that you sign the enclosed Rider and electronically return a copy to: If you have any questions or concerns regarding this process, please contact: Lucille Raymond / (949) 263-3371) or Christina Thorpe ( / (610) 832-8431). Thank you for your cooperation. Sincerely, Liberty Mutual Surety Enclosure - Rider ©2019 Liberty Mutual Insurance SL-7601 A 10/19 1 oz - #10 - J000000 - 77 - 153 Liberty Mutual® SURETY NUV L U ILIN PUB IC ORKTY OF SDEP Y Attn: City Of Federal Way Dept. Of Public Works RE: Change Surety Company Principal: Kitts Corner LLC Surety Bond Number: 756274S Bond Amount: $101,727.00 Original Surety: Developers Surety & Indemnity Company New Surety: The Ohio Casualty Insurance Company Change Surety Company Assumption of Liability Rider • Effective,11/1/2019 the original surety on the above referenced surety bond, Developers Surety & Indemnity Company is replaced with The Ohio Casualty Insurance Company. • On the effective date, The Ohio Casualty Insurance Company assumes all obligations of the original surety from the date of issuance of the Surety Bond and all obligations of Developers Surety & Indemnity Company under the Bond are extinguished. • Obligee's signature on this Rider confirms its consent to this substitution and release of the original surety on the effective date. • All notices, including claims, should be sent to: Liberty Mutual Surety P.O. Box 34526 Seattle, WA 98154 Attention: LMS Claims • With the exception of the substitution of Surety Company pursuant to this Rider, all terms and conditions of the Surety Bond remain in full force and effect. This Assumption of Liability Rider shall not, in any respect, vary, waive, alter or extend the terms, conditions and obligations of the Bond. Signed and dated this 15Y day of November, 2019. NEW SURETY: The Ohio Casualty Insurance Company OBLIGEE: : By Renee Llewellyn, Assistant Secretary By: + CON+mmi� padpf * Name\Title NW 114W ©2019 Liberty Mutual Insurance 1 oz - #10 - J000000 - 77 - SL-7601 B 10/19 Liberty Mutual, SURETY ..�_ Assumption of Liability Rider To: City of Federal Way Dept of Public Works PO Box 9718 Federal Way WA 98063 RE: Change Surety Company Principal: Surety Bond Number: Bond Amount: Original Surety: New Surety: Change Surety Company Kitts Corner LLC 756274S $101,272 Developers Surety and Indemnity Company The Ohio Casualty Insurance Company • Effective, 10/25/2019 the original surety on the above referenced surety bond Developers Surety and Indemnity Company is replaced with The Ohio Casualty Insurance Company. • On the effective date, The Ohio Casualty Insurance Company assumes all obligations of the original surety from the date of issuance of the Surety Bond and all obligations of Developers Surety and Indemnity Company (DSI) under the Bond are extinguished. • Obligee's signature on this Rider confirms its consent to this substitution and release of the original surety on the effective date. • All notices, including claims, should be sent to: Liberty Mutual Surety P.O. Box 34526 Seattle, WA 98154 Attention: LMS Claims • With the exception of the substitution of Surety Company pursuant to this Rider., all terms and conditions of the Surety Bond remain in full force and effect. This Assumption of Liability Rider shall not, in any respect, vary, waive, alter or extend the terms, conditions and obligations of the Bond. Signed and dated this 25th day of October 2019. NEW SURETY: The Ohio Casualty Insurance Company OBLIGEE: By: ��6A'al— \ Senior Director By: Name\Title Name\Title: Liberty Mutual, October 25, 2019 Assumption of Liability Rider Dear City of Federal Way Dept of Public Works, Liberty Mutual Surety 17771 Cowan, Suite 100 Irvine, CA 92614 On May 31, 2019 Liberty Mutual Insurance Company ("Liberty"} acquired the U.S. surety operations of AmTrust Financial Services which includes Developers Surety and Indemnity Company. Liberty is now liable for the above referenced surety obligation. To memorialize and clarify the liability of Liberty for the referenced obligation, we have enclosed an Assumption of Liability Rider ("Rider''}. Depending on the obligation, the surety on the Rider is Liberty or Ohio Casualty Insurance Company C"OCIC"). Liberty is an admitted surety in good standing with a U.S. Treasury Listing of $1,289,139,000. OCIC is an admitted surety in good standing with a U.S. Treasury Listing of $175,415,000. As noted on the Rider, upon the effective date The Ohio Casualty Insurance Company \vill be the surety as if The Ohio Casualty Insurance Company originally issued the bond. In recognition of this assumption, we ask that you sign the enclosed Rider and electronically return a copy to: Kris dne. Fray@Lib ertyMutual. com If you have any questions or concerns regarding this process, please contact: Jake.Murphree@LibertyMutual.com Thank you for your cooperation. Sincerely, Liberty Mutual Surety Enclosure — Rider Cc: Parker Smith & Feek Inc Member of Liberty Mutual Group RETURN TO: S knI ►� dirt EXT: 2 -15 (.RJ 2 INITIAL/ DATE SIGNET] _A�-.. - DATE SENT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: MIN ll r 2. ORIGINATING STAFF PERSON: _ I' � k /'f o1 � .� � F,XT: � (o ] �' 3. DATE RE Q. 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT Cl GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G, BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AGff): R INTERLOCAL �I,- OTHER r [AI S. PROJECT NAME: ^" I G wl • 6. NAME OF CONTRACTOR: ADDRESS: ` TELEPHONE E-MAIL: FAX: SIGNATURE NAME: TITLE 7. EXHIBITS AND ATTACHMENTS: ❑ :C1'IPh'ORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENT-QUIREMENT-VCERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ 1'1R[oX)FOFAUTHORITYTOSIGN ❑ REQLIIREDLICENSF.S ❑ PMORCONTI>:ACTIAMENDMENTS S. TERM: COMMENCEMENT DATE: nJ k COMPLETION DATE: 9. TOTAL COMPENSATION $ i (\ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE- ATTACH SCHEDULES OF EM PLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑YES LINO IF YES, MAXIMUM DOLLARAN40UNT: $ IS SALES TAX OWED ❑ YES ONO 1F YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW 1 "(\, INITIAL/ DATE REVIEWED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 11. COUNCIL APPROVAL (IF APPLICABLE) lv f\COMMITTEEAPPROVALDATE: INITIAL/ DATEAPPROVED COUNCI I_ APPROVAL DATE_.: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC' D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS KLAW DEPARTMENT Fl CHIF,F OF STAFF ❑ SIGNATORY (MAYOR OR DIRECTOR) ,&,C1TY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED COMMENTS: Applicant: KITTS CORNER LLC Project: KITTS CORNER MULTIFAMILY Property Address: 1337 S. 336"' ST Federal Way, WA Bond #: 14-104267 — 00- OP Permitt 14-101057-EN & 13-10441$-00-LTP Bond Amount: $101,727.00 Cash Deposit Amount: $2,543.00 CITY OF FEDERAL WAY AGREEMENT AND PERFORMANCE/MAINTENANCE BOND FOR WETLAND BUFFER MITIGATION, MAINTENANCE, MONITORING AND CONTINGENCY THIS AGREEMENT ("Agreement") is dated effective this a day of 4XA6m64,r , 201H. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City") and Kitt's Corner LLC, a Washington corporation ("Applicant"). A. The Applicant is required to perform certain work and/or complete certain improvements related to wetland buffer area restoration: including restoration of approximately 6,919 square feet of wetland buffer area disturbed by temporary construction impacts; wetland buffer enhancement of approximately 39,679 square feet in the outer portion of wetland buffer areas; critical area fencing; critical area signage; maintenance, reporting and monitoring and contingency; at the above referenced address located in Federal Way, Washington in connection with Applicant's Land Use Application under the above -referenced permit numbers ("Permit"); B. The improvements will be constructed or the work performed in accordance with the Final Wetland Buffer Mitigation Plan, Kitts Comer Multi -Family, as prepared by Talasaea Consultants Inc., dated March 4, 2014, and revised July 9, 2014, as currently exists or with subsequent amendments as may be required by the City of Federal Way and as on file with the City ("Plans"); C. The City has determined that the Applicant must post security with the City pursuant to Federal Way Revised Code ("FWRC") 19.25 and FWRC Chapter 19 Article V (Critical Areas), as now existing or hereafter adopted or amended, to guarantee Applicant's performance of the required construction of improvements or performance of work, maintenance or repair in accordance with the Plans as a condition of granting the Permit. NOW, THEREFORE, the Parties agree as follows: 1. Improvements. Applicant shall construct all wetland buffer enhancement, restoration and mitigation improvements and perform all maintenance and monitoring pursuant to the Plans to the City's satisfaction ("Work"). The obligation to monitor and maintain the improvements shall continue for a period of five (5) years after installation and final City inspection and acceptance of wetland buffer mitigation, or such longer period as required by the FWRC or other applicable law, rule or regulation. 2. Completion of Work. The Applicant shall complete the Work to the City's satisfaction and provide record drawings, within the time period prescribed by the City, and in full compliance with the Plans, including any approved amendments thereto, and in conformance with all applicable laws, rules or regulations. All works shall be in compliance with approved plan and shall meet all Mitigation Plan Goals, Objectives, and Performance Standards in the Plans. 3_ Notice. The Applicant shall provide notice to the City in writing upon completion of all improvements described in the Plan. At such time, the Applicant shall further provide, in writing, to the City, the dates the Applicant will commence the mitigation monitoring and reporting, and the dates it will submit each monitoring report to the City. Doc. I.D. 4. Maintenance. The Applicant shall maintain the improvements installed under the Plan so as to create healthy growing conditions and other objectives as described under Chapter 4 of the Plan for a period of five years commencing on the date of completion and City acceptance of all installation described in the Plan. Project monitoring shall occur in compliance with the following defined time schedule: (a) Upon completion of the construction of mitigation project. (b) Twice yearly in the spring and fall of the first and second years. (c) Annually in the fall for the third, fourth and fifth years. At completion of construction of the mitigation project and following a final construction inspection, the Applicant shall also submit an "as -built" drawing prepared by the Talasaea Consultants or another qualified wetland biologist. Upon completion of each observation/monitoring period and subsequent completion of the entire monitoring program, the on -site biologist or biological consultant firm shall produce and submit a report detailing all observations, evaluations, and data forms to the City. While maintenance may result in a partial release of any bond or other security posted by the Principal, at the City's election, the Applicant recognizes its continuing duty to maintain the Plan as required by the FWRC or other applicable federal, state or local law. 5. Contingency. If the project has not met its performance standards and objectives set forth in the plan by the end of the five (5) year maintenance and monitoring period, the Applicant is responsible for the preparation and implementation of a contingency plan to remedy the situation in a form acceptable to the City. Contingency efforts may result in the extension of the maintenance and monitoring period. 6. Performance/Maintenance Band. Applicant shall deliver the fully executed Performance/Maintenance Bond to the City, in the form attached hereto as Exhibit "A" and incorporated by this reference ("Bond"), to guarantee Applicant's performance of the construction of the improvements and/or maintenance of the improvements pursuant to the Plans. 7. Release of Bond. If the Applicant installs all wetland buffer enhancement and mitigation improvements in accordance with the terms of the Bond, the approved Final Wetland Buffer Mitigation Plan, Permits, and all applicable law, the sum of the Bond shall be reduced by thirty percent (30%) after final inspection and approval by the City of the wetland mitigation improvements as -built, and the City will deliver to Applicant the fully executed Partial Release of Bond attached hereto as Exhibit `B." Except as set forth in the preceding sentence, the Bond shall remain in full force and effect. That portion of the Bond equal to seventy percent (70%) of the original penal sum shall remain in full force and effect for five (5) years after inspection and approval of the installed mitigation improvements, as a maintenance bond to guarantee against failures in the mitigation plan as installed and approved and in conjunction with the approved Final Wetland Buffer Mitigation Plan. Upon the successful completion of the five-year monitoring period, or at such later time that the City determines that all stated objectives in the Monitoring Plan have been met, the City will release the remaining portion of the Bond by executing and delivering to Applicant the Full Release of the Bond attached hereto as Exhibit "C." 8. Right to Complete Work. In the event the Applicant fails to perform the Work, the City may, but in no event is it obligated to, request the disbursement of the Bond from the surety and perform any of the necessary Work. Upon demand, Applicant agrees to pay the City an amount equal to all of the City's costs and expenses in performing such Work in excess of the amount of the Bond. 9. Indemnification. Applicant agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) arising from, resulting, or connected with this Agreement and the Bond, including without limitation, the City's performance of the Work pursuant to Section 8 herein. Doc. I.D. 10. Administrative Cash Deposit. In addition to the amount of the Bond, Applicant agrees to pay a cash deposit to the City pursuant to FWRC 19.25.060, upon the execution of this Agreement equal to the following percentages of the amount of the Bond: Amount of Bond Amount of Cash Deposit Up to $20,000 5% of Bond (minimum $100) $20,001 - $50,000 4% of Bond $50,001 - $100,000 3% of Bond $100,001 and up 2-1/2% of Bond The cash deposit may be used by the City to cover its actual expenses in administering this Agreement and, if necessary, collecting and using the proceeds from the Bond. Additionally, the deposit may be used to pay for outstanding fees associated with the project. 11. Remedies Cumulative. No remedy provided for by this Agreement shall be deemed exclusive, but shall be deemed cumulative and in addition to every other remedy available to the City at law, in equity or by statute. Applicant's liability under this Agreement is not limited to the amount of the Bond. 12. License_ Applicant shall record a license in the form attached hereto as Exhibit "D" and incorporated herein by this reference with the King County Department of Records, immediately upon the execution of this Agreement and at Applicant's cost. 13. General Provisions. This Agreement may not be amended except by written agreement signed by the Parties. Any provision of this Agreement which is declared invalid, shall not invalidate the remaining provisions of this Agreement. The failure or delay of the City to declare any breach or default shall not waive such breach or default. This Agreement may not be assigned by any Party without the written consent of the other Party. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest. Time is of the essence. CITY OF FEDERAL WAY By: Larry Frazi , lnterin rector of, Community Development Services 33325 81h Avc S Federal Way, Washington 98003-6325 ATTEST: 4 Itl (ult V zaitr U rk APPROVED AS TO FORM- ?�P_ Doc. I.D. KITTS CORNER LLC 7 By: gyy Evan J. Hunden, Managing Member STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me Evan J. Hunden, to me known to be the Managing Member of Kitts Comer LLC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this J Zy� day of S" 1, 2%% 1' ` (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expire : aafQr- G:1LA WFORM S1Agrmnient&PerfoneianceMaintenanceSond Rev 08/04 Doc. I.D. Surety Bond No. 756274S Bond #I4-104267-00-OP EXHIBIT A Project: Kitt's Corner Multifamily Wetland Buffer Mitigation Permit #:14-101057-EN & 13-10418-00-UP CITY OF FEDERAL WAY PERFORMANCE/MAINTENANCE BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned KITTS CORNER LLC, ("Principal") and DEVELOPERS SURETY AND INDEMNITY COMPANY, the undersigned corporation organized and existing under the laws of the State of Iowa and legally doing business in the State of Washington as a surety ("Surety"), are held and firmly bound unto the City of Federal Way, a Washington municipal corporation, ("City") in the penal sum of One Hundred One Thousand, Seven Hundred, and Twenty Seven and no/100 Dollars ($101,727.00) for the payment of which they firmly bind themselves and their legal representatives, successors and assigns, jointly and severally. This obligation is entered into pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. The Principal has entered into an Agreement with the City dated 5+.16,►lfk 20 iL for Wet1_and Buffer Mitigation, Maintenance, Monitoring and Contingency. NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold the City, their officials, agents, employees and volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of failure of performance as specified in the Agreement, or from defects appearing or developing in the material or workmanship provided or performed under the Agreement within a period of five (5) years after its final acceptance thereof by the City, then and in the event this obligation shall be void; but otherwise, it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Agreement or to the Work. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the Agreement without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without the consent of the Surety. Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terns of the Agreement, the Surety shall make a written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the City, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it Doc. I.D.- has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration and Mediation (" USA&M"). The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by the Seattle USA&M office, 4300 Two Union Square, 601 Union Street, Seattle, Washington 98101-2327. The Surety shall not interplead prior to completion of the mediation. DATED this lithday of september , 2014 CORPORATE SEAL OF PRINCIPAL: KITTS CORNER LLC By: 09 Evan J. Hunden, Managing Member 10900 NE 0 St., Suite 1200 Bellevue, WA 98004 (425) 453-9551 CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond; that Evan J. Hunden, who signed the said bond on behalf of the Principal, was Managing Member of the said Corporation; that I know his signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. /jVt4,� Secretary or AssistAt Secretary CORPORATE SEAL OF SURETY: DEVELOPERS SURETY and INDEMNITY COMPANY By: lae—v� Attorney -in -Fact (Attach Power of Attorney) Elizabeth R. Hahn (Name of Person Executing Bond) 2233 112th Ave NE Bellevue, WA 98004 (Address) (425) 709-3600 (Phone) Doc. LD. APPROVED AS TO FORM: �� w .T rCity Attorney, Amy Jo Pearsall G:\LawForms\PerformanceMaintenanceBond Rev. 6/04 Doc. I.D. POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725. IRVINE. CA 02623 (949) 263 3300 KNOW ALL BY THESE PRESENTS that oxcepl as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: —Jana M. Roy, Scott McGilvray, Jill A. Boyle, Elizabeth R. Hahn, Susan B, Larson, Scott Fisher, Deanna M. French, Ellen Bell, Roger Kaltenbach, Ronald J. Lange, Mindee L. Rankin, John R. Claeys, jointly or severally — as their Ifue and lawful Allornay(s)-in-Fact, to make, exeptle, defivbr and acknowledge, for aril on behalf of said eorpmllions, as suleiraS bonds, undertakings and contracts of surety- ship grvrng and granting unto said Allpmey(s)-in-Fad full payer and authority to do and to perform every act necessary, raqursae or proper to be done in connection therewith as each or said corporations could da. but resarvmg.[o each of said cofpor8auas lull power of substitulrpn and revocation. and all of th4 acts of said Attorney(sl-in•Fact, pursuant to these presanls- are hereby ratified and confirmed This Power of Attorney is "ited and is signed by facsimile under and by aullimily of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January• 1st, 2008 RESOLVED, that a combination of any two of the Chairman of the Board, the President. Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Atlomey, qualifying the altornay(s) named in the Power of Attorney to execule, on behalf of the corporations, bonds, undertakings arid contracts of suretyship; and that the Secretary or any Assistant Secretary ofelthor of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED. FURTHER that the signatures of such officers may be afhxod to any Such Power of Attorney or lo.afty certificate relating thereto by facsimile, and any such Power of Attorney OF certificate hearing such fausimile signatures shall be valid and binding upon the cnrpraations when tiro affixed and in the future with resperl to any bond, undertaking or contract of suretyship to which it is attached IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this November 21, 2013 By s Daniel Young, Senior Vice-Presidenl r=�� `p{tpOR,vt ;a? OCT. 3i :w. 10 BY: 19G :ram Mark J.Lansdon,Viue-President Stale of California County of Orange Orr November 2.1.2013_ belore me, __ — AntonroAlvar_atjo..NolaryPublic Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Marl J. Landon Names) of Signor(s) WDNIO AI.VARADO .# S COMM, 0 20335M NOTARY PLOX CIWF0WA 0RANGE0OUW r Nty amn oVkm Aug. 9, 2017 " Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that helshelthey executed The same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Antonio Alvarado, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney fenrains in full force and has not been revolted and, furthermore, that the provisions of the resolutions of the respective. Boards of Directors of said corporations set fx9h in lire Power of Atlonley are in force as of the date of [Ns Cetvficate. This Certificate is executed in the City of Irvine, California, this / day of / on / By - -- L:assie .!. [3errtsfw� fslanl Secretary ID-1380(Rev-11l13) !lIJJJ EXHIBIT B PARTIAL RELEASE OF BOND #14-104267-00-OP The undersigned hereby acknowledges that a portion of the conditions of the Agreement and Performance/Maintenance Bond for Kitts Corner Multifamily Wetland Buffer Mitigation, Maintenance, Monitoring and Contingency, have been satisfied and hereby authorizes the release of an amount equal to Thirty Thousand, Five Hundred, Eighteen and No/100 Dollars ($30,518.00). The remaining funds equaling seventy (70%) of the cost of the work or improvements shall be retained by the City for a period of five (5) years as security for Assignor's performance of all maintenance, monitoring and contingency for the above described project and as a guarantee against defective materials or workmanship in the construction and maintenance of such improvements. DATED this day of _, 20_ CITY OF FEDERAL WAY By: Doc. I.D. (Name, Title) FILED FOR RECORD AT REQUEST OF: MAIL TO: CITY OF FEDERAL WAY FEDERAL WAY, WA 98003-6325 ATTN: Jim Harris /Community Development EXHIBIT D LICENSE Grantor (s): Kitt's Corner LLC Grantee (s): CITY OF FEDERAL WAY, a Washington Municipal Corporation Property Legal Description (abbreviated): Portions of the NE 1/4 of the NE 1/4 OF SEC 20-21-4 Additional Legal Description indicated below. Assessor's Tax Parcel ID#(s): 202104 9070; 202104 9001; 202104 9004 The undersigned owner of certain real property located in Federal Way, Washington and legally described as follows: Full Legal description attached hereto as Exhibit "1" and incorporated herein by this reference ("Property") hereby grants an irrevocable license to the City of Federal Way ("City") and the City's agents, employees, contractors or representatives to enter upon the Property to inspect the construction of improvements, the performance of work or to allow the City to perform any necessary maintenance or work, all pursuant to that certain Agreement and Performance/Maintenance Bond dated , 20_ entered into between the City and the undersigned and incorporated herein by this reference. DATED this day of , 200_. Doc. I.D. ��f✓t2br. (Signatu e) STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me Evan J. Hunden, to me known to be the Managing Member of Kitts Corner LLC, the corporation that executed the foregoing License, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this z! �� day of20 ►y . (notaryAg nature) Ie n M Ca (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires 911zY //. G:ILAWFORMSWgreement&PerformanceMaintenanceBond Rev. 09/04 Doc. I.D. EXHIBIT 1 Legal Description: PARCEL NUMBER 202104-9072 S %4 OF NE Y4 OF NE Y4 LESS BEG ON WLY MGN OF SEATTLE-TACOMA HWAY AT A PT 30 FT NELY OF S LN OF SD S Y4 TH W 200 FT TH N 00-10-12 E TO N LN OF SD S Y4 TH E TO HWAY TH SWLY ALG SD HWAY TO BEG ALSO LESS POR TAKEN FOR HWAY PARCEL NUMBER 202104-9001 NY2OFSY2OFNEAOFNE'/4LESS STATE RDLESS S108.68FTOFE263FT PARCEL NUMBER 202104-9070 LOT 2 LESS POR FOR STS OF FEDERAL WAY LLA#00-105818-000-00-SU REC #20010802900007 SD LLA BEING LOCATED IN POR OF NE'/4 OF NE Y4 OF SEC 20-21-4 Doc. I.D. TALASAEA CONSULr.4NTS, INC. 6 February 2014 RESUBM11TE® TAL-1422 Mr. Isaac Conlen FEB 0 7 2014 Planning Manager CM OF FEDERAL WAIT' City of Federal Way CDs 33325 8th Avenue South Federal Way, WA 98003 REFERENCE: Kitts Corner Multifamily — Process III Submittal SUBJECT: Preliminary Impacts and Mitigation Assessment for Proposed Wetland Buffer Intrusions Dear Isaac: Talasaea Consultants has been retained by the Applicant (DevCo) to provide professional wetland consulting services for the Kitts Corner Multifamily project (referred to herein as the Project) in order to address proposed wetland buffer intrusions and temporary wetland impacts resulting from the proposed development. This letter report is being provided pursuant to the Process III submittal requirement for "special studies and additional information" relating to the project's impacts to on site wetlands and wetland buffers. The purpose of this letter report is to summarize the proposed critical area impacts on the project site, demonstrate how the proposed impacts are consistent with the requirements of the Federal Way Critical Areas Code (Chapter 19.175 — Wetlands), and generally describe the mitigation proposed to compensate for the impacts. Project Description The Project is a proposed multi -family development of 216 apartment units on a 23.1-acre site located southwest of the intersection of S 336"' Street and Pacific Highway S in Federal Way, Washington. The site is zoned MR (multifamily residential), and is being developed pursuant to the multifamily zoning requirements contained within the Federal Way Revised Code (FWRC). The Project will contain 17 multi -family apartment buildings. The site will also be developed with required parking and drive isles, walkways, landscaping, retaining walls, open space areas, a recreational building and pool, and utility infrastructure. The main access to the site will be off of S 336th Street. A secondary access will be provided out to Pacific Highway S at the southeast portion of the site. See the project narrative prepared by CPH consultants for more detailed information about the proposed project elements. Prior approvals and agreements relevant to the current development of the project site include: • Settlement Agreement and Covenant between Campus Gateway Associates and the City of Federal Way, effective 15 May 1996, King County recording no. 9704211043. Talasaea Consultants, Inc. -- Resource & Environmental Planning 15020 Bear Creek Road Northeast 9 Woodinville, Washington 98077 • Bus: (425)861-7550 Fax: (425)861-7549 Mr. Isaac Conlen 6 February 2014 Page 2 of 8 • Comp Plan Amendment and Conditional Rezone for Kitts Corner, ordinance no. 05-490, approved 6/16/05 • Process III approval of the Federal Way Village Master Plan, approved 25 January 2008 • Extension of the Process III approval for the Federal Way Village Master Plan extending the Approval through 31 January 2014, granted 1 February 2012, and • Design guidelines established in the document entitled "A Development Plan for Village at Federal Way". The Kitts Corner Multifamily project site consists of a portion of the larger 44-acre Federal Way Village site. The approved Federal Way Village Master Plan is a proposed mixed -use office, commercial, and residential development which originally included a 95-unit zero -lot -line townhouse development proposed for the RM-2400-zoned portion of the site. The original development proposal for the Federal Way Village project included both permanent wetland and wetland buffer impacts. None of these impacts have occurred since no development has yet been constructed in association with the Federal Way Village Master Plan. However, in anticipation of the impacts to Wetlands 3 and 4 (on the east portion of the 44-acre site, not part of the current project), mitigation for the proposed 0.3 acres of wetland fill has already been constructed in the form of 0.9 acres of wetland creation within the S 336th Street Regional Stormwater Facility constructed south of Wetland 2. The S 336th Street Regional Stormwater Facility was constructed by the City of Federal Way as part of the May 1996 Settlement Agreement and Covenant referenced above. A portion of the S 336"' Street Regional Stormwater Facility, including the existing wetland mitigation, is located on the south portion of the Kitts Corner Multifamily site. However, it should be noted that this existing mitigation does not apply to any of the proposed wetland or wetland buffer impacts described later in this report, which are associated with the current Kitts Corner Multifamily development proposal. However, other development guidelines and conditions, as established in the 25 January 2008 Process III approval for the Federal Way Village Master Plan, as well as development conditions established in the May 1996 Settlement Agreement and Covenant, do apply to the current proposed development. Critical Areas Summary The project site contains two wetlands designated as Wetland 1 and Wetland 2, which were previously delineated and rated by others. See the Wetland Delineation Report for Federal Way Village prepared by Raedeke Associates, Inc., dated 5 September 2006; and the Wetland Assessment of the Kitts Corner Property also prepared by Raedeke Associates, Inc., dated 7 September 2004. Both wetlands are rated as Category li wetlands with 100-foot buffers'. Wetland 1 is located in the northwest portion of the site and is approximately 2 acres in size. It has several different wetland classifications, which include: palustrine, aquatic bed, rooted vascular (PAB3); palustrine, emergent, persistent (PEM1); and palustrine, scrub -shrub, broad-leaved deciduous (PSS1). Wetland 2 is located on the east portion of the site and is approximately 2.46 acres in size. It is classified as a palustrine, forested, broad-leaved deciduous (PF01) wetland. There is also one stream on the site which flows north to south through Wetland 2. This stream is named West Hylebos Tributary 0014A, which is rated as a "major" stream by the City of Federal Way's 2002 stream inventory. ' The City of Federal Way does not use the Washington State Wetland Rating System. A City of Federal Way Category II wetland is not the same as a Category II wetland based on the Washington State Wetland Rating System. Talasaea Consultants, Inc. -- Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98077 • Bus: (425)861-7550 Fax: (425)861-7549 Mr. Isaac Conlen 6 February 2014 Page 3 of 8 The buffers for Wetland 1, Wetland 2, and Tributary 0014A were previously established and recorded as part of the Settlement Agreement and Covenant between Campus Gateway Associates and the City of Federal Way, effective 15 May 1996, King County recording no. 9704211043. The buffer for both wetlands and the stream is 100 feet. Talasaea conducted two site investigations to evaluate the existing buffer conditions. We defined three unique buffer conditions. These consist of the following areas: 1. MIXED FOREST: The northeast and inner eastern portion of the buffer for Wetland 1 and the northwest and inner western portion of the buffer for Wetland 2 consist of mixed forest consisting of black cottonwood and red alder with an understory of small trees, shrubs and grasses. Some areas are lacking a shrub component and are mostly grass species. 2. MATURE CONIFER FOREST: The outer portions of both buffer areas contain a very dense mature Douglas fir forest with a typical mid -canopy and understory of native large shrubs and groundcover species including: vine maple, red elderberry, salal, and sword fern. 3. OPEN APEAS: The north -central portion of the buffer for Wetland 1 is primarily open and vegetated with a mix of non-native/invasive shrubs and grasses. Non-native/invasive species include: Himalayan blackberry and Canada thistle with some Scot's broom. The current development proposal will not result in any permanent wetland or wetland buffer impacts to Wetlands 1 or 2 or to the buffer for Tributary 0014A. However, there will be temporary wetland buffer impacts and minor buffer intrusions resulting from construction of the proposed multifamily development. These impacts are described in more detail in the sections below. Wetland Buffer Intrusions The project will result in minor intrusions into the buffers for Wetland 1 and Wetland 2. These intrusions include: 1) temporary impacts due to clearing and grading, and 2) minor improvements in the form of a soft -surface pedestrian path (the path is required by the City of Federal Way to provide for useable open space). These intrusions are described in more detail below. Clearing and Grading Impacts: Many of the constructed elements of the Project will be located adjacent to wetland buffers in order to maximize the density of the site per RM zoning requirements. Some temporary impacts to wetland buffers will occur in order to tie proposed grades into existing grades and to provide sufficient working area for the construction of retaining walls, buildings, parking lots, and other project elements. All buffer impacts will be the minimum necessary to construct the necessary project infrastructure. In total, construction of the Project will result in approximately 3,425 sf of temporary impacts to the Wetland 1 buffer, and approximately 3,280 sf of temporary impacts to the Wetland 2 buffer due to clearing and grading activities. Temporary buffer impacts to Wetland 1 will result from construction of a retaining wall along the north buffer boundary and grading impacts along the east and south buffer boundaries. The wall will only result in temporary buffer impacts averaging approximately 2-3 feet wide at the toe of the wall. The grading impacts will range from 2-5 feet wide on the east edge of the buffer, and will extend into the buffer a maximum of approximately 11 feet at one location along the southeast Talasaea Consultants, Inc. -- Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98077 • Bus: (425)861-7550 Fax: (425)861-7549 Mr. Isaac Conlen 6 February 2014 Page 4 of 8 buffer edge. In addition, a dispersion trench located at the extreme northwest corner of the buffer will result in a small amount of temporary disturbance. Temporary buffer impacts to Wetland 2 will result from grading in several locations along the west edge of the buffer, along with the installation of one dispersion trench within the outer 12 feet of the buffer. The grading impacts will encroach a maximum of approximately 12 feet into the buffer in the vicinity of the dispersion trench. See the attached impacts and mitigation overview plan (Sheet W1.1) for the location of the proposed impacts. Pursuant to FWRC 19.175.040(6), improvements or land surface modifications may be allowed within buffers for regulated wetlands through Process III if the work meets the criteria contained in this section. These criteria are listed below in bold text, followed by an explanation of how the proposed buffer intrusions meet each criterion. a) It will not adversely affect water quality; The grading work and the installation of the dispersion trenches are not likely to adversely affect water quality. These intrusions will be located within the outer perimeter of the buffers for Wetlands 1 and 2. No toxic materials will be placed in the buffers as part of this work. Any fill associated with the grading will be cut from other portions of the site or will be clean imported fill. The dispersion trenches will receive only clean rooftop runoff to be dispersed and infiltrated within the buffer. Temporary erosion and sediment control (TESC) measures, such as silt fencing at the clearing and grading limits, will be installed pursuant to the TESC plan prepared by the civil engineer, which will protect the buffers and wetlands from construction site runoff. All disturbed buffer areas will be fully stabilized and revegetated with native trees and shrubs once construction is complete, which will prevent any long-term impacts to water quality. b) It will not adversely affect the existing quality of the wetland's or buffer's wildlife habitat; The grading work and the installation of the dispersion trenches are not likely to adversely affect the existing quality of the wetland's or buffer's wildlife habitat. All disturbed buffer areas (with the exception of the dispersion trenches) will be fully restored and revegetated with native trees and shrubs with the goal of achieving equal or better wildlife habitat. The dispersion trenches will not be planted and will be maintained free of vegetation to ensure their proper functioning. c) It will not adversely affect drainage or stormwater retention capabilities; The grading work and the installation of the dispersion trenches are not likely to adversely affect the drainage or stormwater retention capabilities of the on -site wetlands or buffers. The installation of the dispersion trenches and the minor grading at the buffer perimeters will not result in any impediments or significant changes to the existing drainage patterns within the wetlands or the buffers, and the existing surface drainage patterns will be maintained. No depressional areas that currently provide stormwater detention functions will be filled. Discharge from the dispersion trenches will follow the existing surface drainage patterns within the buffer. d) It will not lead to unstable earth conditions nor create erosion hazards; and The grading work and the installation of the dispersion trenches are not likely to lead to unstable earth conditions or erosion hazards. All proposed grading will have slopes not to Talasaea Consultants, Inc. -- Resource & Environmental Planning 15020 Bear Creek Road Northeast ■ Woodinville, Washington 98077 • Bus: (425)861-7550 Fax: (425)861-7549 Mr. Isaac Conlen 6 February 2014 Page 5of8 exceed 3:1. All disturbed soil areas will be temporarily stabilized with 3 inches of mulch or other methods approved by the TESC plan, and will be permanently stabilized and planted with native trees and shrubs once construction is complete. The dispersion trenches are designed to disperse stormwater flows over a wide area so as not create any concentrated surface flows that might cause erosion. The stormwater dispersion trenches are also designed to directly infiltrate the majority of the discharge for all but the largest of flows. Larger flows may result in some surface sheet flow from the dispersion trenches if they completely fill with water. However, they are designed to be of sufficient length (approx. 50 /0 to ensure that any surface sheet flows will be sufficiently dispersed. e) It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, including the loss of open space. The grading work and the installation of the dispersion trenches will not be materially detrimental to any other property in the area of the project site nor to the City as a whole. There will be no impacts from these proposed improvements beyond the immediate area of the work. As discussed above, the impacts will primarily be temporary and disturbed buffer areas will be fully restored and planted. No open space will be lost as a result of the proposed work. Soft -Surface Pedestrian Trail Improvements: The only permanent improvement proposed in the buffer is a soft -surface pedestrian trail with several viewpoints with benches and interpretive signs. This trail is part of the open space plan for the proposed development, and is necessary in order to meet the useable open space requirements for multifamily development under FWRC 19.205.040. The trail is located within an approximately 38,321 sf portion of the Wetland 1 and Wetland 2 buffers that will be designated as passive open space. The footprint of the trail itself, including viewpoints, is approximately 6,123 sf. The mail loop of the trail will be located in the Wetland 1 buffer, and a smaller loop will be located in the Wetland 2 buffer. The trail will be approximately 5 feet wide and will be surfaced with wood chips, and will be located in the outer 50 percent of the buffers to minimize disturbance to the adjacent wetlands. The proposed trail alignment also takes into account the existing conditions of the buffer areas, including density of existing vegetation and topography. The proposed alignment is depicted on the attached Sheet W1.1. The final alignment will be staked in the field to avoid all existing trees, as well as areas of significant native vegetation to the greatest extent practicable. Only minimal clearing and grubbing of vegetation and surface duff will be done to prepare the trail surface. A split -rail fence or similar will be constructed along the wetland side of the trail to help prevent human intrusion into the wetlands. In addition to the trail itself, multiple viewpoints will be provided in various locations along the trail corridor (see Sheet W1.1). Each viewpoint will have a bench, interpretive sign, and a trash receptacle. The northern and western terminus of the trail in the Wetland 1 buffer will also have a raised overlook platform with bench and interpretive sign that will allow viewing of the open water portion of Wetland 1. Pursuant to FWRC 19.175.040, minor improvements such as footbridges, walkways, and benches may be located within the buffer for a regulated wetland if the proposed improvements meet certain criteria. These criteria are listed below in bold text, followed by an explanation of how the proposed pedestrian trail meets each criterion in italic text: Talasaea Consultants, Inc. -- Resource & Environmental Planning 15020 Bear Creek Road Northeast 0 Woodinville, Washington 98077 • Bus: (425)861-7550 Fax: (425)861-7549 Mr. Isaac Conlen 6 February 2014 Page 6 of 8 f) It will not adversely affect water quality; The proposed trail and viewpoints will be constructed using wood chips as a surfacing material. By using wood chips, the trail will not be an impervious surface that could leach out pollutants or other potentially toxic chemicals. The trail will be maintained using additional layers of wood chips, as necessary, and simple hand removal of weeds. Additionally, no trees will be removed to construct the trail. We expect to remove some small shrubs and groundcover plants in some areas to align the trail, but vegetation removal will be the minimum necessary, and no grading, excavating, or compacting of native topsoil will occur during the trail construction. The water quality functions of the buffer will not be diminished as a result of the proposed trail construction. g) It will not adversely affect the existing quality of the wetland's or buffer's wildlife habitat; The proposed trail and viewpoints will not encroach upon or disturb any wetland habitat. Wildlife habitat associated with the on -site wetland areas is not likely to be adversely affected by the trail and viewpoints in any significant way. The proposed trail route will avoid large trees and generally will stay within areas currently vegetated with small shrubs and/or groundcover. Avoiding damage to large trees and shrubs will help preserve the quality of wildlife habitat within the upland buffer areas. The footprint of the trail (approximately 6,123 so will be very small compared to the total on -site area of buffer for Wetlands 1 and 2 (approximately 355,400 sf combined), thus the overall impact to the existing habitat in the buffers should not be significant. In addition, the trail will be located only within the outer 50 percent of buffer, which will help avoid disturbance to the more sensitive habitat closer to and within the wetland. h) It will not adversely affect drainage or stormwater retention capabilities; The proposed trail and viewpoints will be constructed out of wood chips and will not entail any significant grading, excavating, or compacting of native topsoil within the buffer, thus the trail is not likely to adversely affect the drainage or stormwater retention capabilities of the buffer. i) It will not lead to unstable earth conditions nor create erosion hazards; and The trail and viewpoint construction will not involve any additional grading, excavating, or compacting of native topsoil. The proposed trail alignment shown on the plans will be refined and laid out in the field to generally follow the contours of the land, which will help prevent unstable earth conditions or erosion hazards. The use of wood chips as the surfacing material will prevent stormwater from becoming concentrated and directed towards hydrologic low areas. Thus, the proposed wood chip trail and viewpoint locations are not anticipated to create any erosion hazards. j) It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, including the loss of open space. The proposed trail and viewpoints will be constructed entirely on property owned by the Applicant and will not directly affect any adjacent properties. As mentioned in our response to Item (d), no significant grading, excavation, or compaction of native topsoil will occur during construction of the trail. No existing trees will be removed, which will prevent the risk of soil erosion through loss of Talasaea Consultants, Inc. -- Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98077 • Bus: (425)861-7550 Fax: (425)861-7549 Mr. Isaac Conlen 6 February 2014 Page 7 of 8 canopy cover and root mass. The proposed wood chip trail and viewpoints will not alter the local hydrology or geologic stability of the immediate area, and therefore pose no appreciable risk of damage to other properties in the general area, or to the city as a whole. In addition, no open space will be lost as a result of this proposal. The installation of the trail will in fact enhance the value of the open space on the project site by making an approximately 38,321 sf portion of buffer accessible to the development's residents as passive open space where they can experience the natural environment without causing significant impact. Proposed Mitigation Pursuant to FWRC 19.175.030(5), and FWRC 19.175.040(7), a detailed mitigation plan report and full-size mitigation drawings will be prepared for the final engineering permit submittal subsequent to Process III approval of the proposed site plan and critical areas impacts. No permanent wetland or wetland buffer impacts are proposed that will require additional compensatory mitigation pursuant to FWRC Chapter 19.125. The goal of the proposed mitigation is to restore the disturbed areas of wetland buffer, with the exception of the proposed woodchip pedestrian trail and viewpoints, to their native, vegetated, pre -construction conditions in order to maintain no net loss of ecological functions and values for the buffer areas. Proposed mitigation for the 6,705 sf of temporary construction impacts to the buffer areas will consist of the following measures: • Amend the soils in disturbed areas with imported topsoil or compost to achieve a minimum 9-inch depth of plantable topsoil; • Place 3 inches of medium bark mulch over all disturbed soil areas; and • Plant a variety of native deciduous and evergreen trees, shrubs, and groundcovers to fully revegetate the disturbed soil areas. The final detailed mitigation plan will include the following information, as required by FWRC 19.175.030(5): ■ Environmental goals and objectives; • Performance standards; ■ Detailed construction plans; • Timing; • Monitoring program for a minimum of five years; • Contingency plan; and ■ A performance and maintenance bond in an amount of 120 percent of the costs of implementing the mitigation plan or the contingency plan, whichever is greater. In addition to the required restoration of the temporary construction impacts, buffer enhancement is being proposed within the approximately 38,321 sf area of buffer proposed as passive open space. This enhancement is not required by code to compensate for any critical areas impacts, but is being proposed in order to meet the City's requirements for passive open space. In order to count towards meeting the total open space requirement for the project (86,400 sf of total open space is required), the buffer areas must be enhanced to increase the value of these areas as passive open space for residents. Three different levels of enhancement are proposed based on the need for Talasaea Consultants, Inc. -- Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98077 • Bus: (425)861-7550 Fax: (425)861-7549 Mr. Isaac Conlen 6 February 2014 Page 8 of 8 enhancement in different areas of existing vegetation. These different areas include, in order from most extensive to least extensive enhancement: 1. OPEN AREAS: Enhancement in these areas will be most extensive and will involve the following measures: 1) grubbing out all non-native invasive species, 2) restoring disturbed soils with compost or imported topsoil as necessary, 3) installing habitat features such as snags with bird nest boxes, down logs, and stumps, 4) stabilizing all disturbed and exposed soils with 3 inches of mulch, and 5) full revegetation by planting a variety of native evergreen and deciduous trees, shrubs, and groundcover. 2. MIXED FOREST: Enhancement in these areas will include planting native conifers along with mid -story deciduous trees (e.g., vine maple) and understory shrubs. Habitat features such as bird nest boxes and down woody debris (e.g., down logs and stumps) may also be installed where feasible. 3. MATURE CONIFER FOREST: Enhancement in these areas will include installation of bird nest boxes along with infill of native mid -story small trees and understory shrubs where needed. The proposed buffer enhancement areas are depicted graphically on attached Sheet W1.1. This enhancement will be described in more detail in the final buffer mitigation report to be prepared for the final engineering permit submittal. We trust that the information contained herein will be sufficient to allow for the Process III review of the proposed critical areas impacts and mitigation on the Kitts Corner Multifamily project. If you have any questions or need any other additional information, please contact Ann Olsen or me at 425-861-7550, or via email at aolsen@talasaea.com or deesdale@talasaea.com. Sincerely, 3TSAEA CONSULTANTS, INC. David Teesdale Senior Ecologist Attachments: Sheet W1.0 — Existing Conditions Plan Sheet W1.1 — Proposed Site Plan and Impacts & Mitigation Overview Sheet W2.0 — Preliminary Plant Schedule, Notes, & Details cc: Tom Neubauer, DevCo, Inc. Matt Hough, CPH Consultants file Talasaea Consultants, Inc. -- Resource & Environmental Planning 15020 Bear Creek Road Northeast c Woodinville, Washington 98077 0 Bus: (425)861-7550 Fax: (425)861-7549 ASIT241217 - arch CS17241217 - eng BETLANDS TOPO EX. CONDITIONS CBLA241217 CUSD241217 CUw5241217 CGRD241217 5 55bTH STREET T \71 \11 C NON—NATIVE 1 NON-NATIVE t l 1 / K vY CONIFER FOREST SEC. 29. TWA' 21 N, R4E W.M. -- -- - -r• P� �� — �+7�•; ,+ ,�Y • � 1-r�jtl■� _ _ram i� '•� .,+� • .� �I,, II 1� � �,s I,41j 1 I� 4 rII a.E� f ,•, II;IIF t ,■ ` L ■ ■ — EXISTINcS CONDITIONS PLAN l \ GRAPHIC SCALE NORTH f IN FEET ) d EBB SCALE. I•=80' + 7- WE5THYL� I�Ivjjjj I�r r�11 TRIBUTARY %r0I4A':.1 I L 7'I i •N, Y, 5A}dT w . - L'►•- E • { •� MIXED � EAR" -W : , ■ :t ~ FTED•�1 1 � f •��. � 4` ` V. • ` igTl Na \ ti �+ -MIXED] / r — Jy 4 +, F�p6E5TEi7 • • • � 7 1 11 I WETLAN7 111 �. I r AND w - _ - 1 I EXISTIN5 62AVEL 1 I MAENTENAI CE ROAD (T-4, EASTIN6 q 5TORMWATER I I i• s� r •. A.GILITY Iflt Eft Fw----.�� > J �1=-_ I '��■��t + rl � II ■ EXISTINcS SUPPER VEcSETATION COMMUNITIES M05TLY GRASS 5PEGIE5 WITH 50ME NON—NATIVEAWA51VE SHRUBS MIXED FOREST. MOSTLY DE(_IDUOLS 7REE-5 AND 50RIA5_5HRt6 SPECIES ®RELATIVELY MATURE DOU6LA5 FIR FOREST WITH TYPICAL SHRUB/6ROUNDGOVER LMERSTORY ,FLAN LEcSEND — — — PRO.EGT SITE BOUNDARY .771 EXI5TIN6 WETLAND — — — — —WETLAND BUFFER —• •• } • • • — EXISTIN6 STREAM GENTERLINE EXI5TIN5 CONTOUR CD APPROXIMATE BOUNDARIES EXISTING VEGETATION; determined by ree view of 5006LE EARTH F5MI13) Ond BIN6 MAPS aerld Imagery. V14,INITY MAP NTS PROJECT SITE 50URGE. 6005LE MAPS, 11WW.MAP5.600GLE.COM NORTH (ACCESSED 1-3-2013) reONTACTS APPLIGANT/Pf2D_TEGT OWNER NAME. DEVCO, INC. ADDRESS, 11100 MAIN STREET, SUITE 301 BELLEVUE, WA 98004 PHONE. (425) 453�551 CONTACT, TOM NEUBAUER 41RVEYOR NAME, ESM CONSULTING ENC1NEEFZS ADDRESS! 33915 15T WAY SOUTH #200 FEDERAL WAY, WA 98003 PHONE: (425) 415-5144 ENGINEER NAME, CPH C40NSLLTANT'S 153'ITH AVENUE, 5UITE 100 ADDRESS, KIRKLAND, WA 98033 PHONE: (425) 285-2390 CONTAGT: MATT HOUGH, PE ARCHITECT NAME: R055 DEGKMAN 4 ASSOCIATES, INC. ADDRESS: 20'T FOURTH AVE. SE FUYALLUP, WASHINE-TON 98312 PHONE: (255) B40-9405 CONTACT: R055 DEGKMAN, AIA 12 =w 1 PI:nn,aa ENVIRONMENTAL NAME: CONSULTANT TALA5AEA CONSULTANTS, INC. ADDRESS: 15020 BEAR CREEK RD. NE WOODINVILLE, WA 980TT PHONE: (425) 8(21-1550 ANN OLSEN, SENIOR PROJECT N CONTACT: 1._L MANAGER DAVID TEESDALE, SENIOR WETLAND ECOLOGIST Z INDEX O SHEET NUMBER SHEET TITLE U WlLo EXISTING CONDITIONS PLAN Cf) WI.I PROP05ED 51TE PLAN, IMPACTS ~ AND MITIGATION OVERVIEW PLAN ~ W2.0 PRELIMINARY PLANT SCHEDULE, NOTES 4 DETAILS z Q J CL z o_ Q C� z W z W 0 D F m p z 0 0 z � Q J z Z � D W X ILI z 0 z z_ x 3 r F— z 0 Z Y DEVCO, INC. NOTES gualitY <0uN5 11100 Main Street, Suite I. SURVEY PROVIDED BY E5M CONSULTING ENGINEERS, 33QI5 BELLE VUE, WA 98004 15T WAY SOUTH #200, FEDERAL WAY, WA 98003, (425) PHONE: (425)4.53-9z, ' 415-5144. 2. 51TE PLAN PROVIDED BY CPH CONSULTANTS, "133 TIH AVENUE, SUITE 100, KIRKLAND, WA 98033, (425) 285-2390. 3. SOURCE DRANINC75 WERE MODIFIED BY TALASAEA CONSULTANTS FOR VISUAL ENHANCEMENT. 4. THIS PLAN IS AN ATTACHMENT THE PRELIMINARY WETLANDER IMPACT AND MI MITIGATION LETTER CP �H REPORT PREPARED BY TALASAEA CONSULTANTS IN CONSULTANTS CALL BEFORE Si lePlanning •Ci 1 Engineering YOU DIG Land Use Consulting -Project 7.6004245555 Maaenl l WemI K 4 WA 9e0J] )]] ),A Manut Suitea Pl,mc (92]) 2Br219DI FAIL (125) 2B5-P]AS •.._epl,eon au Ilan le.eem NOT�nRrQ�IaN THESE PLANS HAVE BEENPLANS HAVE 5EEN SUBMITTED TO THE APPROPRIATE ,A6 IE5 POR REVIEW AND APPROVAL UNTIL APPROVED, 5j&:TifrSE PLANS ARE, F_ZT TO REVISION TAL 1422 DRAY.vX WI.O SHEET >--- 04 Cop,rigut 12013 LLC An 16" ASIT241217 - arch CSIT241217 - eng WETLANDS Togo EX. CONDITIONS CBLA241217 CUS0241217 CUWS241217 CGRD241217 5 556TH STREET RAISED OVERLOOK PLATFORM �s RETiAINI H6 WALL • .(SEE CIVIL• PLANS)- VP-3 1E� -k. ETLAM7 J �. A3 1P 5F OK5ITE i� SEC. 29, TWP 21 N, R4E W.M. BUFFER MITISATION LEGEND -- — -- T— - - - — AREA A BUFFER RESTORATION 6 105 SF / F 1 RESTORE D15TURBED 501L5 WITH G0MP05T OR e /• •/ Il ' I IMPORTED TOPSOIL. STABILIZE DISTURBED SOILS WITH 3-INGH DEPTH OF •►r / / ENTIRE WIM IX OF NATIVE EVERGREEN AND DECIDUOUS, AND SHRUBS S VP-2Fr �A hE5T HYLEBO5 TRIBUTARY V014A t�(a BUFPT-3Z ` \ - A,, I -' EX. SANITARY SEWER W/ .. •� EASEMENT VP-4 ' • - - ' - rAf. L 1 1 BLA i 1 V:f::. �� K76',912 9F ON I'•. GA•TE60RY-11 - . ~ I 1 1 I EXi5TIN5 6RAVEL MA KTMANGE ROAD {TYP4I EXISTING -- — — — �m 5TORMWATER FACILITY r PROP05ED SITE PLAN AND IMPACTS 4 MITISATION OVERVIEW GRAPHIC SCALE NTH ( IN FEET) p� IEaD SCALE, I•=80' If 1W(11.Alia. 'TME.L k y FZR EAS:QEyi - REC 14MW "'-.7 1 AREA B BUFFER ENHANCEMENT 1,114 5F • 6RUB ENTIRE AREA BY HAND AND/OR MACHINE TO REMOVE ALL INVASIVE SPECIES AND REMOVE ANY TRASH AND DEBP15 • RESTORE DISTURBED SOILS WITH COMPOST OR IMPORTED TOP501L IF NECE55ARY • INSTALL HABITAT FEATURES SUCH AS DOWN LOG5, STUMPS, AND SNAG WITH SWALLOW NEST BOXES • STABILIZE 0157UPBED SOILS WITH 3-INGH DEPTH OF BARK MULCH • REVEGETATE ENTIRE AREA WITH A MIX OF NATIVE EVERGREEN AND DECIDUOUS TREES, SHRUE35, AND 6ROUNDGOVER AREA G BUFFER ENHANCEMENT 1,102 5F • ENHANCE EXI5TIN6 MIXED FOREST VEGETATION BY PLANTING CONIFEROUS TREES AND SELECT SHADE -ADAPTED NATIVE LARGE 5HRU55 AND SMALL TREES TO FILL IN MID -STORY AND UNDER5TORY STRATA • INSTALL HABITAT FEATURES SUCH AS SWALLOW NE5T BOXE5 ON EXI5TIN6 TREES, AND POTENTIALLY LARGE WOODY MATERIAL 5" AS 5TUMP5 AND DOWN LOG WHERE EXISTING NATIVE AREA D VEGETATION WILL NOT BE D15TURBED BUFFER ENHANCEMENT 14,1156 5F • ENHANCE EX15TINO CONIFEROUS FOREST VEGETATION BY PLANTING SELECT 5HADE-ADAPTED NATIVE LARGE SHRUBS AND SMALL TREES TO FILL IN MID -STORY AND UNDER5TORY STRATA • INSTALL HABITAT FEATURES SUCH AS SWALLOW NEST BOXE5 ON SELECT EXI5TIN6 TREES NATIVE GROWTH PROTECTION AREA040PAJ 5161,115, SEE DETAIL / SPLIT -RAIL FENCE, SEE DETAIL 1�.. -1 BUFFER BOUNDARY WITH 5PLIT-RAIL FENCE, SEE DETAIL PASSIVE OPEN SPACE LMSEND PROPOSED P P BY TSALASN ON 51TE LANDEC P'OR NGL PLANS SE TRAIL), CE REOIUIREMENT5 38,521 SF 0 Vp-I RAISED OVERLOOK PLATFORM• TO VIEW WETLAW I WITH INTERPRETIVE SIGN••, BENCH, 4 TRASH REGEPTACLE {� Vp-# WETLAND BUFFER VIEW POINT WITH INTERPRETIVE SION", BENCH, 4 TRASH RSGF:PTAGLE WETLAND BUFFER WOOD CHIP TRAIL, SEE DETAIL • SEE DETAIL FOR OVERLOOK PLATFORM •• SEE DETAIL w FOR INTERPRETIVE 516N WETLAND BUFFER INTRUSIONS MINOR GRADING FOR WALL CONSTRUCTION 6,105 SF PEDESTRIAN TRAIL CONSTRUCTION 6,123 5F — — — — — — — — CLEARING/6RADIN6 LIMITS PER GIVIL PLANS PLAN LECaEND — — — PROJECT 51TE BOUNDARY EXISTING WETLAND -- -- .� -- WETLAND BUFFER — • • • • — EXI5TIN6 STREAM GENTERLINE EXISTING FOREST/SCRUB-SHRUB VEGETATION NOTES L SURVEY PROVIDED BY ESM CON5ULTIN6 EN&INEER5, 33Q15 15T WAY 5OUT14 #200, FEDERAL WAY, WA 98003, (425) 415-5144. 2. 51TE PLAN PROVIDED BY GPH C016ULTANT5, 1331TH AVENUE, SUITE 100, KIRKLA D, WA gW33, (425) 2b5-2390. 3. SOURCE DRAWING HERE MODIFIED BY TALA5AEA GON5ULTANT5 FOR VISUAL ENHANCEMENT. 4. TH15 PLAN 15 AN ATTACHMENT TO THE PRELIMINARY WETLAND BUFFER IMPACT AND MITIGATION LETTER REPORT PREPARED BY TALASAEA CONSULTANTS IN FEBRUARY 2014. CALL BEFORE YOU DIG i-000-0245555 NOT FOR CON5TEXeTION nTE5C PLA145 MAVE BEM -ASM I TEV TO 1�1111! APP80FFdATE A6t3Ll@5 FOR REVIES NO APPRWAL- 6MnL APPROVM TP e5F FLA1C APE - SUBJECT TO REVISION ClpYigh, LLC An N 1�.,,�m,p,.l 1'1•nn ln( z 0 z z x a 3 z 0 U Y 0 U DEVCO, INC. 4uAlrty cmw¢ 11100 Main Street, Suite 3 BELLEVUE, WA 98004 PHONE: (425)453-M CP H CONSULTANTS Sile Planning •Ci 1 Engineering Land Use Conwlling •Project Monogqemenl ]}J 1N A—, S.nl, Iw N—d. WA 9wJ] PAma (425) 2BS2390I FAL (425) 26f21e9 .••28 *(xccT Rp, TAL 1422 RA,MN, INI .I SHEET _2___ 0� AS17241217 - arch CS17241217 - eng WETLANDS TOPO EX. COND17IONS CBLA241217 CUS0241217 CUWS241217 CCRD241217 PRELIMINARY PLANT SCHEDULE LARGE TREES W4L 51ZE SGIENTIFIG NAME COMMON NAME STATUS QUANTITY- (MIND 5PAGIN5 NOTES AGER MAGROPHYLLUM BIC-LEAF MAPLE FAGU TBD 4-5' HT. 15' 51N5LE TRUNK, WELL BRANCHED BETULA PAPYRIFERA PAPER BIRCH FAG TBD 4-5' HT. 10' 51N6LE TRUNK, WELL BRANCHED GORNIS NITTALLII PACIFIC, DOGWOOD FAGU TED 4-5' HT. 10' SINGLE TRUNK, WELL BRANCHED PSEUDOT5UGA MENZIE511 DOU&LA5 FIR FAGU TOO 2-3' HT. 6' 2 GAL., FULL b P5EUDOTSU6A MENZIE511 DO16LA5 FIR FAGU TED 4-5' HT. 10' BUB, FULL 4 BI1511Y FRAN6ULA PUR5HIANA GA5GARA FAG TED 4-5' HT. 10' 51N6LE TRUNK, WELL BRANCHED THUJA PLIGATA WE5TERN RED GEDAR FAG TBD 2-3' HT. 6' 2 SAL., FULL b BUSHY THUJA PLIGATA WESTERN RED GEDAR FAG BD T 4-5' HT. 10' BUB, FULL b BUSHY TSU6A HETEROPHYLLA WESTERN HEMLOCK FAGU TBD 2-3' HT. 6' 2 GAL., FULL 4 BUSHY T5USA HETEROPHYLLA WESTERN HEMLOGK FAGU TED 4-5' HT. 10' B 5HIY L b Ix.JHY B SMALL TREES/LARGE SHRUBS WL SIZE 5GIENTIF:G NAM` GOM.v+tXi NAME 5TATL5 (;IAtANTT7Y• (MTN) SPAGIN6 UNOTF5 MULTI -STEM (3 AGER GIRGINATUM VINE MAPLE FAGTE G 4' HT. 10, MIND MULTI -CANE (3 AMELANGHIER ALNIFOLIA 5ERVICEBERRY FACU TBD 24" HT. 5' O.G. MIN) MULTI -STEM (3 CORYLUS GORNUTA WESTERN HAZELNUT FAGU TED 4' HT. 4-5' HT. MIND MULTILANE (3 CG RATAE6U5 DOULA511 BLACK HAWTHORN FAG TBD 24" HT. V O.G. MIN) MULTILANE (3 HOLODISGUS DISCOLOR OCEAN SPRAY FACU TBD 24" HT. 5' O.G. MIN) MULTI -STEM (3 OEMLERIA GERASIFORMIS INDIAN PLUM FAGU TBD 24" HT. 5' O.G. MIN) RHODODENDRON PACIFIC NL TBp 24" HT. V O.G. MULTI -STEM (3 MAGROPHYLL.UM RHODODENDRON MIN) MULTILANE (3 RIBE5 SAN601NEUM RED CURRANT NL T50 24" HT. 5' O.G. MIN) MULTI -STEM (3 5AMB000S RAGEM05A RED ELDERBERRY FAGU TBD 24" HT. 5' O.G. MIN) 5ORBU5 SITGHEN515 51TKA MOUNTAIN ASH FAG TBD 4' HT. 10, SINGLE TRUNK, WELL BRANCHED MA551NO 5HRU55 V4L 51ZE 5G1EN71FIG NAME COMMON NAME STATUS (1UUANTITY• (ARIA/) SPACING NOTES ALBA RFJ7-osim FAGW TED 15" HT. 4' O.G. MULTI-GANE (3 GORNU5 pO�OOp MIN) MULTI-GANE (3 R05A 6YMNOGARPA BALPHIP R05E FACU TBD I&' HT. 4' O.G. MINJ MULTI-GANE (3 R05A NUTKANA NOOTKA ROSE FAG TED 15" HT. 4' O.G. MIN) MAWS PARVIFLORUS THIMBLEBERRY FAGU TED 16" HT. 4' O.G. RILL 4 BUSHY MULTI -CANE (3 5YMPHORICARPU5 ALBU5 COMMON SNOWBERRY FAGU BD TBD, HT. 4' O.G. MIND OROUNDGOVERS WL SIZE SCIENTIFIC NAME CZn4IMON NAME STATUS CUANTIT't'm (MIN) 5PAGI1,16 NOTE5 SAULTHERIA SHALLON SALAL FACU TBO I GAL. 3610.0. FULL 4 BUSHY POLYSTIGHIM MUNITVM SWORD FERN FACU TBD I SAL. 36' O.G. RILL 4 BUSHY -Kole, UPON APPROVAL OF THE MITIGATION PROPOSED ON THESE PLANS, PLANT 5YMBOL5 AND GUANTITIE5 WILL BE SHOWN ON THE MIT16AT10N PLAN 5110MI4 i WITH THE FINAL SUBMITTAL OF EN&INEERINS PERMIT DRAWINGS. cSENERAL PLANT INSTALLATION NOTES L PLANT TREES AND/OR %*ZUB5 I" HI(SHER THAN DEPTH 6ROM AT NUR5EW. R 2. FOR CONTAINER TREES AND/OR 5HM. SCORE FOUR SIDES OF RQOTBALL PRIOR TO PLANTING. BUTTERFLY ROOTBALL IF ROOT GIRCLING 15 EVIDENT. 3, STAKE GeVVU<xG AND EVETZSREEN TREES 4 FAT AND OVFIL IN H06HT WITH ONE (1) STAKE PER TRH• STAKE TRQa tMMFD1ATELY AFTER PLANTING. PLACE STAKE AT THE OUTER EDGE OF THE ROOTS OR RpOTBALL, IN LINE WITH THE PREVAILIN6 WIND. STAKES SHALL BE 1-0056-Y ATTA04M U5196 r-"N-LOCK TREE TIES TO ALLOW FOR 50ME TRUNK MOVEMENT. STAKES TO BE VERTICAL. PARALLEL, EVEN -TOPPED. MW,ARRED AND DRIVEN INTO UNDISTURBED SUBSRADE. REMOVE AFTER ONE YEAR• 4. WATER PLANTS IMMEDIATELY UPON PLANTINS, THEN PROVIDE MANUAL WATERING OR A TEMPORARY IRRIFATIION SYSTEM TO PREVENT PLANT MORTALITY AND ENSURE FIQDPEI2 PLANT E57A005WENT. PLANTS SHALL REGf7VE A MINIMUM OF APPROXIMATELY ONE INCH OF WATER EVERY WEEK DMIN6 THE DRY SEASON fCEINERALLY TUNE I5TH - ❑GTOBER I5TH, OR EARLIER OR LATEFZ IF CONPITIONS WARRANT) FOR THE FIRST SEASON AFTER PLANTING. IRMISATION AMOUNTS MAY NEED TO BE INCREASED DURING pRoLc%5ED PERIOD5 OF NOT. pRr WEATHER. 5. FERTILIZE ALL TREES AND 5HFWB9 WITH A 5L.OW-RELEASE G5qERAL PURPOSE GRANULAR FERTILIZER OR SLOW -RELEASE TABLETS AT MANUFACTURER'S SPECIFIED RATE. I SEC. 29, TWP 21 N, R4E W.M. rd C"O' iOxAdATELY 6- x 6• SPIT CEDAR POSTS x 6- SPLIT CEDAR RAILS 4' VITIN FrMm ftXUV ! TO ORAIK 1 I /-F"OSem ORA4C r I Y {+ I ECNCVk1`6 FOOTING 1 I t•'.1 • _— BACKFLL WITH NATIVE SOIL 1 i 4 1-COWACT60 CHRAlU_,HR 5l84DASE 1�12' l P05T CONNECTION I SPLIT :2-RAIL FENCE DETAIL V SET RANT STRAIGHT AND PLACE ROOTBALL ON SOLID GRCUND OR a P ON COHPACIID BAOKPLL a B,ACYNATI HE 509 WA W S III PILL TO HTN NATIVE 9O VAI-i4 NO TO P SrABILIIE DOTVALALL DO NOT mnso NOT HS R04AMJS H Ls ANEW NNST O EACKTILL P6T. 5PEGIFKATW 16 STEM A]OADR PLANT EN%TALLATa11 MOTES FINISHED GRADE II �3 SCARIFY SIDES OF PLANTING 1 I HHOLEI MAKE SURE HOLE HAS I GOOD DRAINAGE .. Ex SnN$ NATNE SOIL 2 TIMEM RDOTBALL DIAMETER 4 CONTAINER STOCK PLANTN6 DETAIL TIE INTO WOODC41P TRAIL PLAN VIEK F[GlILA..LTCN TO DESIONSALD OVERLOOK ACCORDING TO THE ABOVE DIHBGIOHB. SEE SHEET WJ FOR LOCATION OF OvELOO- 2 CQnRACTOR 91ALL SLOW OVBa OOK DFSM TO TALASEA CE yAm3, CITY OF RRUPGRAL HAY, AID VVXO. INC. FOR GABS AX A7PFbJAL KKR TO CCASTZZTKM 3. OVHRLOOK STLGTRE AND HANDRNL TO MET ALL APPLICABLE EULDMGAIOSAFETYCoPeS4ak%tATHPHG GCNORACTORSHM.L SEGR+E AL HFLESW PERMITS PRIOR TO COPSTRICTCK WETLAND OVERLOOK DETAIL 45 CESIUM ANGLE FOR SIGN I, I }� POST To SSEET PLLF15 LHRAL SrRwe.P$ SEa:Ls� TO rosr 14TN Twa 9L• DIA AAL.V. Cl�AFY6E BCl.TS. BILE FLATC TO eE SET 1' AM" CRY..FE IR FO"NO STTRRF5 TO 5n ^W-. i. `W (N Pc:Drwy A wcPf.H LP Ir FR7511m ELEVATION �' e. -PITCH SUI✓fACE 70 DRAN BVA*3lJ. MT! NATIVE SOIL I2• MIL SECTION INTERPRETIVE 916N DETA I L IlT9. AAMFER TOP OF P05T 45 DEGREES TO A DEPTH OF I' ON ALL FOUR SIDES ATTACH PRU-PRWTV S:Wi TO �,T KTH TWO %! DIA GALV. CARRIAGE BOLTS AYA' FF95S E TREAT O PC5T 5E31N CCfKiC�SK to > it � x /�T— ACE TO DRAIN f m*W ELEVATION // x II 1 ' 'K• ¢ < z r.CRl.RE1t FOOTING - w4GO�LCH L WRN NATIVE SOIL c.CWA4T® 6RAril.AASUD-CIAM Llr rN1. sIs� N DETAIL TYP. &IOA TALASAE� CONSULTANTS, INC Resource Avd Rvvirvvmevtel Plevnivg 1 STAKE PER TREE LOCATED OLRSIDE OF ROOTBALL- FASTEN W UW NLOGK TES. LOOP EACH TIE AROUD TREE LOOSELY TO PROVIDE V SLACK FOR TRIM GROWTH. STAKE IEI6W K15T BE AT LEAST W ABOVE FINISHED SET TREE sTR►wm A!D PLAC@ 1 GRADE RCOTBALL OH S ,IJ 61441[AV OR ON COMPACTED RAC TLLdi TIME PITH MLCH MHO a' peEp x'3 DIA TO KTI•N 9' OF THE TRUK - DO HUT MMV BACKFILL PCANTUS HCI.E tq FULL KLCN AOAJWTIWW z ACTH NATIVE SOIL AND TARP SOL TO STABILIZE RDOTANI CVr < AWAY 14M. STRING, AID Tii:LAP AM BAC"t.L REHWNIHO T0r21 T&VORARY S. HIGH $OIL OAW AWAY TREE TO J PLANTING HOLE. AMEND 5ACKPI0L HOLD WATER (_ AS NOTED IN THE PLANTING SPEUPICATIONS AHDAOR FINISHED GRADE RSTALLATCN NOIM z 0 ROrg or "l-345 i DGO DaAVISe Gy bj 7 TIMES ROOT&ALL DIA. Z LL_ � P B TREE PLANTI N6 DETAIL. O m U o z /•� c / Q w z y 5' EX. 6' DEPTH OF GRADE WOOD CHIPS y2%' GROSS SLOPE ff I TRAIL LOCATION SHOYN RUN RAN 15 APPROXIMATE. TALASAEA CONSULTANTS SHALL FIELD LOCATE AND APPROVE FINAL TRAIL ALIGW8iT IN THE LI DISTUfRBED BUFFER AREAS PRIOR TO TRAIL COWTRJCTION. TRAIL SHALL M ROUTED TO MINIMIZE DISTURBANCE TO EXISTING NATIVE VEGETATION AND ROOTS OF EXISTING TREES. 2. FINAL TRAIL AL16NMENT SHALL AVOID ALL EASTI1,16 SIGNIFICANT TREES AND AREAS OF SIGNIFICANT NATIVE VEGETATION 3. CLFARR:.VAU6BIN6 OF EXISTING VEGETATION SHALL BE THE MINIMUM NECESSARY TO CCNSTRUCT TRAIL. TREE ROOTS SHALL NOT BE GUT AND 1215T 150,NCE TO ROOTS OF EXISTING TREES AND NATIVE VEGETATION WITHIN BUFFER AREAS SHALL BE MINIMIZED TO THE GREATEST EXTENT PRACTICABLE, 0 WOOD CHIP TRAIL DETAIL D r U CLIENT NOTES DEVCO, INC. I. SURVEY PROVIDED BY ESM CONSULTING, ENGINEERS, 33915 IST WAY SOUTH N200, FEDERAL WAY, WA 9b003, (425) W4111� 11100 Main Street, Suite N 415-5144. 2. 517E PLAN PROVIDED BY GPH CONSULTANTS, T33 TTH AVENUE, 51JITE 100, KIRKLAND, HA 98033, (425) 285-2390. BELLEVUE, WA 96004 PHONE: (425)453-9551 3. SOURCE PRANIN65 WERE MODIFIED BY TALA5AEA GONSULTANT5 FOR VISUAL ENHANCEMENT. 4. TIH15 PLAN 15 AN ATTACHMENT TO THE PRELIMINARY WETLAND BUFFER IMPACT AND MITIGATION LETTER REPORT PREPARED BY TALA5AEA CONSULTANTS IN 140T FOR GDN CP�H THESE PLANS HAVE BEEN 5UBMITTED TO THE APPROPRIATE CONSULTANTS A6ENOIE5 FOR REVIEW AND CALL BEFORE APPROVAL UN71L APPROVED, YOU DIG THESE PLANS ARE, �..! azir'7 TO REV l5lON T BOO-024a555 Me Planning •Civil Engineering Land Use Con.11ing •Project Mono ent n zu wx x,, SWIe �ap I g:ua a. ww a-1 rnw.e pzs) zgszJao I TNa (Os) zesmes .. .nnana"ImaL. o.a PROJECT NO, TAL 1422 DRAWNG W2.0 SHEET 3 C"crianl � 2o13 VH cros"u""Ia, uc a. XMI MEMORANDUM DATE: August 1, 2013 TO: Jack Hunden, President DevCo., Inc. FROM: Michael Read, PE, Principal TENW SUBJECT: Parking Analysis for Kitts Corner Multifamily TENW Project No. 3272 (41J%4W %9 TENW Transportation Engineering NorthWest RECEIVED OCT 0 4 2013 CM OF FEDERAL WAY CDS This memorandum documents an evaluation of parking demand of the proposed residential apartment project known as Kitts Corner Multifamily that is proposed as the first phase of the approved Federal Way Village project within the southwest quadrant of the S 336th Street and Pacific Highway South (SR 99) intersection in Federal Way, WA. The proposed project consists of constructing up to 218 residential apartment units with an on -site parking supply of 352 stalls. This proposed parking supply results in a parking ratio of approximately 1.61 stalls per dwelling unit. Federal Way Code Parking Requirements Federal Way Revised Code (FWRC) 19.250.040 identifies minimum off-street parking requirements for the proposed multifamily residential type of 1.7 stalls per dwelling unit. However, FWRC 19.130 contains provisions for reductions in the requirement for off-street parking based upon demand studies, shared use potential, and site incentives or measures to reduce automobile utilization. The following paragraphs outline national and local peak parking demand rates and their applicability to the project. Estimated Demand for Parking Using the latest edition of Parking Generation, 41h Edition, 2010, as published by the Institute of Transportation Engineers (ITE), observed peak parking generation rates for Low/Mid-Rise Apartments (Land Use Code: 221), were reviewed to estimated peak parking demand at the proposed Kitts Corner Multifamily project. Parking demand rates documented by ITE represent the latest information on parking generation information, and are applied as standard practice in evaluating demand for many different types of land uses. Table 1 contains a summary of peak demand estimated using ITE rates, and compares total proposed supply. As shown, the proposed parking supply of 352 stalls is forecast to exceed peak demand (272 stalls) by 80 stalls. The peak demand is estimated at approximately 1.25 stalls per dwelling unit. As such, no parking deficit or impact would occur with the proposed on -site parking supply of 352 stalls or 1.61 stalls per dwelling unit. It should be noted, that this analysis does not take into consideration future shared parking opportunities within the overall Federal Way Village site commercial use areas when the entire site is developed. Transportation Planning I Design I Traffic Impact & Operations PO Box 65254, Seattle, WA 98155 1 Office (206) 361-7333 Parking Demand Analysis for Kitts Corner Multifamily Table 1 Kitts Corner Multifamily — ITE Parking Demand Estimates using ITE Rates Parking Land Use Size ITE Parking Rate' Demand Proposed Supply 352 stalls Low/Mid-Rise Apartments 218 DU (1.42 X DU) -38 272 stalls (ITE Land Use Code 221) + Surplus/(- Deficit) + 80 stalls Source: Parking Generation, 41' Edition, ITE, 2010. Local Parking Surveys In addition to national parking standards, parking generation rates of local apartment complexes were also included in this evaluation. In 2002, TENW conducted parking counts at five separate residential apartment complexes at five separate locations in south Snohomish County. These surveys are considered applicable to the proposed site as they contain representative suburban locations of similar apartment complexes. Surreys were collected on both weekday and weekend periods during typical peak residential demands during daytime and evening periods. As provided in Attachment 1, peak parking demand surveys at five established residential projects averaged 1.24 stalls per dwelling unit, while available supply averaged 1.67 stalls per dwelling unit. It should be noted that these surveys factored observed peak parking demand to account for unit occupancy and unknown occupancy of garage utilization during the survey days. As the proposed supply at Kitts Corner Multifamily project is 1.65 stalls per dwelling unit, this supply level is one-third higher than observed local rates. Attachment 1 also contains the results of the parking surveys over three different surrey days at each site. When applying local parking demand rates of similar multifamily residential uses to the peak parking demand analysis, total site demand for parking is estimated at approximately 270 stalls; slightly less than peak national ITE parking demand rates. This peak level however, remains less than the total proposed supply of 352 stalls. Transit Availability, Similar Properties, and Other Automobile Reduction Measures Although not required by Federal Way Code, the proposed Kitts Corner Multifamily project proposes to implement a Transportation Demand Management (TDM) plan to reduce the reliance on vehicle use and provide incentives for alternative means of travel. These programs and site amenities have been constructed and implemented at many of DevCo, Inc. properties throughout Washington State. These measures would include on -site design features, an on -site trip reduction coordinator for vanpooling/carpooling services, reduced transit passes for residents, and an on -site commuter center. Other properties that have been developed, owned, and are managed by the applicant average parking supply of 1.63 stalls per dwelling unit (see Attachment 2). These existing residential properties all have similar bedroom mixes, market characteristics, and do not generate off -site parking demand. TE N W August Page 2 Parking Demand Analysis for Kitts Corner Multifamily Furthermore, the availability of quality local and regional transit services within the site vicinity provides an opportunity for residents and guests a wide variety of options without the use of vehicle travel. Daily, bi- directional fixed route transit service with headways of 60 minutes or less is provided along S 336th Street, immediately adjacent to the site. This transit service provides multiple local and regional connections to a wide variety of land uses and other public transportation services via the Federal Way Transit Center. Conclusion As shown in Table 1, under the proposed parking reductions allowed under FWRC, the applicant proposes to provide 1.61 stalls per dwelling unit. As both national and local parking generation rates for similar residential apartment uses in suburban areas, peak demand of no more than 1.38 stalls was observed. Therefore, the analysis of parking demand for the proposed Kitts Corner Multifamily project concluded that the proposed 1.61 stalls per unit would exceed forecasted demand, provide adequate surplus of on -site parking during peak periods, and a reduction of FWRC 19.130.080 (2) is justified. If you have any questions regarding the information presented in this memo, please call me at (206) 361- 7333 x 101 or mikeread@tenw.com. cc: Matt Hough, CPH Consultants Attachments: 1. Local Parking Surveys 2. Built Parking Supply Ratios of Similar Complexes TE N W August Page 3 Parking Demand Analysis for Kitts Corner Multifamily ATTACHMENTS Parking Demand Analysis for Kitts Corner Multifamily Local Parking Surveys ann? Pak Parking Demand Survevs in ut� h Snohomish ounty Apartment Complex Total Units 1-Bedroom Units Units with More than 1-Bedroom Actual Parking Provided Peak Utilization Peak Demand Rate (Pacific Park 177 122 55 291 188 / 65% 1.06 'Whispering Pine 240 76 164 1 480 255 / 53% 1.06 On the Green 558 206 352 835 746 / 89% 1.34 Mill Pointe 193 61 132 309 258 / 83% 1.34 Parkwood 240 56 184 435 332 / 76% 1.38 1.67 average stalls/unit of all survey sites 1.24 I average peak demand rate Source: TENW,HeathermoodApartmentComplexParking Anal dy2002. j FA m T T CL T m T C E w cc _0R QQ p Y 3 0 N a o -I'd3 7 0 CD as O Y 7 0 N m R 3 0 7 0 a f0.1 ) o C01 1� O mO � E� EErnLO cm 0rn> m Q co o rna n > o CD �m > >�a ; a a a a H d d ` V d d L o M o W co r p 0 O o N CO Nt� 0 co o Ch pp O 0 O o a0 O r O 0 M o CM L N M pp o r p r� pp o O M r co CO o O CO �� 0 N o t` Cfl r O 0 N o a Cfl N O 0 C` o_ ti r p 0 m 0 M O N� 0 0 o CO O CO M 0 O o N CO N Co 0 N o M O M t` 0 p o Cp O r Co 0 O o O CM N O 0 CO o V 6) S pp 0 pp o O M N co N o N a CO r rn aci °� y m a°)i rn 0 d rn 0 d 0 3 Y aoi U U 0 o 3 Y U U o 3 2 Y , U U 0 3 U U 'EO C rL V j, _ 'EO _ _ _ W a? 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T T T T T T T T T T T T T T T T LO 00 MhTMOOmCC) TNCC) T000Il- 1`M((00Mm ViONM~mMLO NN LO co M N T CD 00 O 00 T N T— It 00 00 �00�L C14 IT OGOOMLONNN OOO co OOO OOOLj00000(MN OOONO f—OhOOO(OOMO o N O T f- T LO O T N T ItNN- NMN -- Cl) Y U O 0) ` C 7 0) 0) �C.. p C 7 6> U C E E 0 0) 0)-- C 0) 0) 3 N V) N— (L) > 3 7 0) 0) 3 m (1) O tLQof 2ooYWdaYm<>WM W 3 — � o a (0 3 Y 0) f6 m O (1C/) O0) C Y 0) 2O O O'D 0) 0- 0-a p y C 0) O C cc C O Y T V 0) ��� 8 o o o a� o a a1) m c 4 3 (0 'O U (d C — -C : Y m 0) 'C CO 0 m U U o w 2 Y m z O m w H W w s En c (D E Q 0 N N z z x m V O a T a Q 3 0) 0) C Y f6 Q N 0) m N Q y 0 N (6 3 C l6 of r(D aL Q 0 L z z 2 U O U) MEMORANDUM DATE: August 1, 2013 TO: Sarady Long City of Federal Way FROM: Michael Read, PE, Principal TENW TENW Transportation Engineering NorthWest RECEIVED OCT 0 4 2013 CITY of FEDEPAL WAY CDS SUBJECT: Limited Scope Traffic Impact Analysis of Kitts Corner Multifamily TENW Proiect No. 3272 This memorandum summarizes a limited scope traffic analysis for the proposed Kitts Corner Multifamily project by DevCo, which would construct the residential portion of the Federal Way Village project located at the southwest quadrant of the S 336t' Street and Pacific Highway South (SR 99) intersection in Federal Way, WA. As this development is considered the first phase of an approved project, a limited scope traffic analysis addressing site access and traffic operations in this immediate vicinity was considered. This memo includes a project description, a description of existing transportation conditions within the immediate site vicinity, methodology used to derive the trip generation estimate, traffic operational analysis of proposed driveway and summary of queuing of proximate signal, and identification of any transportation mitigation measures to offset traffic impacts. Project Description The proposed Kitts Corner Multifamily project is buildout of the residential component of the approved Federal Way Village site (the western site portion) fronting the south side of S 336th Street between approximately 10th Place S and 13th Place S. A project site vicinity map is shown in Figure 1. The proposed residential project would construct up to 218 residential apartment units and 352 parking stalls. Vehicular site access is proposed via one site driveway onto S 336th Street located approximately 605 feet west of 13th Place S. A secondary fire/emergency vehicle access would be constructed between the eastern boundary of the project and Pacific Highway South (SR 99) as a public road, consistent with the binding site plan for the Federal Way Village project. This public roadway would provide a minimum 20- foot paved roadway surface and full curb, gutter, sidewalk to City standards on one side of the street that would provide a pedestrian facility between the site and Pacific Highway South (SR 99). Although this secondary roadway access would be public, the project's internal roadway would be a private street and be gated near its eastern boundary with a vehicle turnaround provision for fire/emergency vehicles. A preliminary site plan is illustrated in Figure 2. Full build -out and occupancy of the Kitts Corner Multifamily project is anticipated prior to 2016. Existing Roadway Conditions A site visit was conducted by TENW in October 2012 to collect p.m. peak hour traffic data and observe field conditions of traffic operations during peak commute periods with focus on vehicle queuing and functionality of the center two-way left turning lane. S 336th Street was recently widened to 5-lanes by the Transportation Planning I Design I Traffic Impact & Operations PO Box 65254, Seattle, WA 98155 1 Office (206) 361-7333 S 304th St S 308th St S 320th St m Q 99 Limited Scope Traffic Impact Analysis Kitts Comer Multifamily S 324th St Q � O c S 336th_ t 4 Pro1'ect ; sr�c Site wc is S 348th t m 99 > �o (Not to Scale) Kitts Corner Transportation Figure 1 Multifamily Engineering Northwest Project Site Vicinity Federay Way,WA Traffic Analysis 1 TEN W August 1, 2013 Page 2 Limited Scope Traffic Impact Analysis Kitts Corner Multifamily --_..--- Approximate Location of =- Existing Driveway Curb Return_,_ 336th St-- - , 1 1 1 1 1 I17 L) 7 Future oodway . I �� Alignment ' _— rFedavi Way village) / 1 4.0 4.0 yy$I ✓/� W W y ` i a S W W� W !!! t W 7 1 1 W • 9-- (Not to Scale) Transportation Engineering Northwest V TENW r�- 40 I V W ,y W W Vi V _ W I•Y 1 �nm7+ } w W wj W f w. Secondary Access ► '-.,*Roadway (Private) i Source: CPH Consultant,. July 2013. Kitts Corner Figure 2 Multifamily Conceptual Site Plan Federay Way,WA Traffic Analysis August 1, 2013 Page 3 Limited Scope Traffic Impact Analysis Kitts Corner Multifamily City of Federal Way, and provides two eastbound I through lanes, two westbound through lanes, and a center two-way left -turn lane (TWLTL) median. The posted speed limit is 35 mph. The existing curb cut for the project site is offset by approximately 80 feet (center -center) from the Multi - Services (MS) driveway, with approximately 50 feet of space between them (measured from curb -edge to curb -edge). This separation would not provide sufficient room between the driveways to allow storage of one vehicle in each direction in the TWLTL median for opposing inbound left -turns (eastbound left into the site and westbound left into the MS driveway) to occur. The current location of the driveway curb return allows for approximately 420 feet of storage for the eastbound approach to the signal at 13th Place S. During peak period field observations, the eastbound queue never blocked the MS or the existing site driveway, though one queuing event did reach near the MS driveway. During peak period field observations, many gaps were available in traffic flow along S 336th Street and as such, motorists exiting the opposing MS driveway only occasionally chose to use the TWLTL to make a two -stage left -turn movement. PM peak hour traffic counts were conducted by TENW staff at the MS driveway on S 336th Street and at the 131h Place S signalized intersection. These two locations represent the most proximate driveway and signalized intersection to the existing driveway cut for the property. Figure 3 illustrates the existing turning movement volumes during the peak hour of the counts. As shown, approximately 816 eastbound and 728 westbound vehicles pass the project driveway (west of the MS driveway) during the p.m. peak hour. These volume levels on a 5-lane roadway indicate significant capacity is still available along the S 336th Street corridor. Project Trip Generation The weekday daily, AM peak hour, and PM peak hour trip generation estimates for the Kitts Corner Multifamily development were based on trip rates published in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 9th Edition, 2012. Land Use Code (LUC) 221 was used for the 220 low-rise apartment units. As shown in Table 1, the project is estimated to generate a net increase of approximately 1,440 daily vehicular trips, with approximately 100 trips occurring during the AM peak hour and 126 trips in the PM peak hour. Detailed trip generation calculations are provided in Attachment 1. Table 1 Kitts Corner Multifamily — Trip Generation Summary Time Period In Out Total Weekday Daily 720 720 1,440 Weekday AM Peak Hour 21 79 100 Weekday PM Peak Hour 82 44 126 Source: Trip Generation 91" Edition, ITE, 2012 Trip Distribution and Assignment To distribute trips onto the vicinity -street and arterial network, trip distribution patterns were determined based on review of local travel patterns, past traffic studies completed by TENW, and the locations of TENW August 1, 2013 Page 4 Limited Scope Traffic Impact Analysis Kitts Corner Multifamily (Not to Scale) Figure ure 3 Kitts Corner Transportation Multifamily Engineering Existing PM Peak Hour Federay Way,WA Northwest Traffic Volumes Traffic Analyses TE N W August Page 5 Limited Scope Traffic Impact Analysis Kitts Corner Multifamily major commercial and employment centers in and around the City of Federal Way. Generally, average distribution and assignment of project trips for residential trips assumptions were: ➢ 725 percent west on S 336th Street; ➢ ?75 percent east to SR 99 and 1-5 via S 336th Street; Figure 4 illustrates the estimated project -generated trip assignment during the p.m. peak hour at the study intersections included in this limited scope traffic impact analysis. Figure 5 identifies traffic volume impacts of the Kitts Corner Multifamily project during the p.m. peak hour. As noted in the Project Description, all project trips are assumed to utilize the S 3361h Street driveway only for this project phase of the Federal Way Village buildout, and as such, represents a worse -case scenario for traffic operational impacts. Intersection Level of Service Impacts Intersection level of service (LOS) analyses were conducted at the study intersections during the weekday PM peak hour of existing conditions and with project traffic generated by the Kitts Corner Multifamily project. LOS refers to the degree of congestion on a roadway or intersection. It is a measure of vehicle operating speed, travel time, travel delays, and driving comfort. A letter scale from A to F generally describes LOS. At signalized intersections, LOS A represents free -flow conditions -motorists experience little or no delays, and LOS F represents forced -flow conditions -motorists experience an average delay in excess of 80 seconds per vehicle. The LOS reported for signalized intersections represents the average control delay per vehicle entering the intersection. The LOS reported at stop -controlled intersections is also based on the average control delay (sec/veh) and is reported for each movement. Therefore, the reported LOS at unsignalized intersections does not represent a measure of the overall operations of the intersection. LOS calculations for both signalized and stop -controlled intersections were calculated using the methodologies and procedures outlined in the 2000 Highway Capacity Manual (HCM), Special Report 209, Transportation Research Board (TRB). Table 2 outlines the LOS criteria for signalized and unsignalized intersections based on these methodologies. Table 2 Level of Service Criteria for Signalized and Unsignalized Intersections Signalized Intersection Unsignalized Intersection Level of Service Average Delay Range(sec) Delav_ Range (sec) A < 10 < 10 B >10to<20 >10to<_15 C > 20 to < 35 > 15 to < 25 D >35to<55 >25to<35 E >55to<80 >35to<_50 F > 80 > 50 Source: "Highway Capacity Manual", Special Report 209, Transportation Research Board, 2000. Intersection LOS were calculated using the methodology and procedures outlined in the 2000 Highway Capacity Manual (HCM), Special Report 209, Transportation Research Board (TRB), using the S_ynchro 6 software program. TEN W August 1, 2013 Page 6 Limited Scope Traffic Impact Analysis Kitts Corner Multifamily Existing PM and Existing + Project LOS analysis scenarios during the PM peak hour are summarized in Table 3. As shown, all intersections or critical movements would operate at LOS C or better with or without the project. As such, no significant traffic delays or congestion would occur as a result of the project. Detailed LOS summary worksheets are included in Appendix B. Table 3 Intersection Level of Service Project Impacts Without Proiect With Proiect Delay Delay Studv Intersection LOS (sec) V/C Ratio LOS (sec) V/C Ratio 5bnalized Intersections # 1. S 336th Street/13'h Place S B 12.3 0.46 B 12.7 0.49 Stop Controlled Intersections #2. S 336th Street/MS Driveway Eastbound Left A 9.4 - A 9.6 - Southbound Left C 17.5 0.29 C 18.8 0.31 #3. S 336th Street/Site Driveway Westbound Left - - A 0.8 0.09 Northbound Left -Right - - - B 14.6 0.12 Vehicle Queuing and Driveway Operations An existing curb return for the subject property is offset by approximately 80 feet (center -center) from an opposing driveway along S 336th Street that serves the Multi -Services (MS) property, leaving approximately 50 feet of space between them (measured from curb -edge to curb -edge). As noted previously, this separation would not provide sufficient room between the driveways to allow storage of one vehicle in each direction in the TWLTL median for opposing inbound left -turns (eastbound left ynto the site and westbound left into the MS driveway) to occur. The current location of the driveway curb return allows for approximately 420 feet of storage for the eastbound approach to the signal at 13th Place S. During peak period field observations, the eastbound queue never blocked the MS or project driveway, though one queuing event did reach near the MS driveway. These vehicle queuing observations were confirmed in queuing analysis generated by our Synchro model during evaluation of level of service impacts, which indicated 95th-percentile vehicle queues of no more than 200 feet on the eastbound approach. In addition, during peak period field observations, many gaps were available in traffic flow along S 336th Street and as such, motorists exiting the opposing MS driveway only occasionally chose to use the TWLTL to make a two -stage left -turn movement. Given forecasted vehicle queues of westbound left turns into the Kitts Corner Multifamily project within the TWLTL of no more than 1 vehicle (see vehicle queuing estimates in Attachment B), no conflicts or safety issues are expected to occur with the proposed relocated offset of the driveway to the property of more than 150 feet. % TENW August 1, 20131 Page 7 Limited Scope Traffic Impact Analysis Kitts Corner Multifamily (Not to Scale) Transportation Figure 4 Kitts Corner Multifamily Engineering PM Peak Hour Federay Way,WA Northwest Project Trip Distribution Traffic Analysis TEN W August 1, 2013 Page 8 ,-) Limited Scope Traffic Impact Analysis Kitts Corner Multifamily Figure 5 Kitts Corner Transportation g Multifamily Engineering PM Peak Hour Federayway,WA Northwest Traffic Volume Impacts Traffic Analysis I TE N W August Page 9 Limited Scope Traffic Impact Analysis Kitts Comer Multifamily Project Mitigation A review of traffic impacts to intersection levels of service, site access, safety, and circulation issues was conducted in association with the Kilts Corner Multifamily project, the first development phase of the approved Federal Way Village development. The following mitigation measures are recommended to reduce or eliminate project impacts: ➢ Relocate the existing driveway location on S 3361h Street from its existing location to the proposed location, approximately 605 feet west of the 13th Place S signalized intersection. Per the requirements of the underlying binding site plan, the proposed Kitts Corner Multifamily project will construct a pubic roadway to serve as secondary access between its eastern property boundary and Pacific Highway South along the alignment reserved for Federal Way Village. The public roadway would intersect Pacific Highway South (SR 99) at an existing curb cut that is limited to right -in, right -out only. ➢ The results of the traffic operations analysis show that all the study intersections are expected to operate at acceptable levels with the proposed development. Therefore, no capacity -related mitigation is proposed at the study intersections. ➢ Although a Development Agreement exists for the Federal Way Village project (which outlined a transportation mitigation plan to contribute proportional share mitigation to area transportation improvements), these transportation projects are now mostly completed given the date of the original project approvals. As such, to mitigate system wide impacts to planned transportation improvements within the City of Federal Way, a traffic impact fee may be assessed by the City instead. For the proposed residential apartment uses, the City assesses a fee currently of $2,019.46 per dwelling unit. For the proposed 218 unit apartment complex, these fees could include up to $440,242 in transportation mitigation costs. If you have any questions regarding the information presented in this memo, please call me at (206) 361- 7333 x 101 or mikereadgtenw.com. cc: Jack Hunden, DevCo. Matt Hough, CPH Consultants Attachments: 1. Trip Generation Calculations 2. Level of Service/Vehicle Queuing Summary Sheets TEN W August 1, 2013 Page 10 ATTACHMENTS J Limited Scope Traffic Impact Analysis Kitts Corner Multifamily L-� Limited Scope Traffic Impact Analysis Kitts Corner Multifamily Trip Generation Calculations �LO z. is cfl �G C " N N m m C QI41 N N oo co I W !II W LO M d 80, C W LO (D ao 00 y v Lq Q Cr O r O O m C r n d C � N r N W �X o W p� w 00, C W N D Q O H N co C N N �..1 cc �1 //�� `/ E C o C T 75 CCca C E as L w co N D Q Q O 0./ hcu U � p1 N Limited Scope Traffic Impact Analysis Kitts Corner Multifamily Intersection LOS/Vehicie Queuing Summaries j Queues 1: S 336th Street & 13th Place S 7/10/2013 *-- 1* 4/ 'A --Nb Lane Group EBL EBT WBT SBL SBR Lane Group Flow (vph) 49 870 924 109 60 v/c Ratio 0.18 0.56 0.69 0.16 0.09 Control Delay 8.6 10.4 14.1 14.2 5.8 Queue Delay 0.0 0.0 0.0 0.0 0.0 Total Delay 8.6 10.4 14.1 14.2 5.8 Queue Length 50th (ft) 7 80 77 15 0 Queue Length 95th (ft) 18 113 168 64 23 Internal Link Dist (ft) 380 96 254 Turn Bay Length (ft) 275 100 Base Capacity (vph) 273 2064 1681 677 643 Starvation Cap Reductn 0 0 0 0 0 Spillback Cap Reductn 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 Reduced v/c Ratio 0.18 0.42 0.55 0.16 0.09 Intersection Summary _ Kitts Corner Multifamily 5:00 pm 7/10/2013 2012 PM Peak Existing Synchro 6 Report Transportation Engineering Northwest Page 1 HCM Signalized Intersection Capacity Analysis 1: S 336th Street & 13th Place S 7/10/2013 _40. *-- 4-1 1* 4/ Movement EBL EBT WBT WBR SBL SBR Lane Configurations I ft tt, r Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 Lane Util. Factor 1.00 0.95 0.95 1.00 1.00 Frt 1.00 1.00 0.96 1.00 0.85 Fit Protected 0.95 1.00 1.00 0.95 1.00 Satd. Flow (prot) 1770 3539 3415 1770 1583 Fit Permitted 0.19 1.00 1.00 0.95 1.00 Satd. Flow (perm) 347 3539 3415 1770 1583 Volume (vph) 45 800 650 200 100 55 Peak -hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 49 870 707 217 109 60 RTOR Reduction (vph) 0 0 55 0 0 38 Lane Group Flow (vph) 49 870 869 0 109 22 Turn Type pm+pt Perm Protected Phases 7 4 8 6 Permitted Phases 4 6 Actuated Green, G (s) 23.1 23.1 17.5 17.8 17.8 Effective Green, g (s) 23.1 23.1 17.5 17.8 17.8 Actuated g/C Ratio 0.47 0.47 0.36 0.36 0.36 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 210 1672 1222 644 576 v/s Ratio Prot 0.01 c0.25 c0.25 c0.06 v/s Ratio Perm 0.10 0.01 v/c Ratio 0.23 0.52 0.71 0.17 0.04 Uniform Delay, d1 8.5 9.0 13.5 10.5 10.0 Progression Factor 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 0.6 0.3 2.0 0.6 0.1 Delay (s) 9.1 9.3 15.5 11.1 10.2 Level of Service A A B B B Approach Delay (s) 9.3 15.5 10.8 Approach LOS A B B Intersection Summary HCM Average Control Delay 12.3 HCM Level of Service B HCM Volume to Capacity ratio 0.46 Actuated Cycle Length (s) 48.9 Sum of lost time (s) 12.0 Intersection Capacity Utilization 43.2% ICU Level of Service A Analysis Period (min) 15 c Critical Lane Group Kitts Corner Multifamily 5:00 pm 7/10/2013 2012 PM Peak Existing Synchro 6 Report Transportation Engineering Northwest Page 2 HCM Unsignalized Intersection Capacity Analysis 2: S 336th Street & MS Driveway_ 7/10/2013 Movement EBL EBT WBT VVBR SBL SS Lane Configurations ] ++ 01 Y Sign Control Free Free Stop Grade 0% 0% 0% Volume (veh/h) 3 813 705 2 30 23 Peak Hour Factor 0.81 0.81 0.85 0.85 0.46 0.46 Hourly flow rate (vph) 4 1004 829 2 65 50 Pedestrians 1 Lane Width (ft) 12.0 Walking Speed (ft/s) 4.0 Percent Blockage 0 Right turn flare (veh) Median type TWLTL Median storage veh) 1 Upstream signal (ft) 1118 460 pX, platoon unblocked 0.82 0.82 0.82 vC, conflicting volume 833 1341 417 vC1, stage 1 conf vol 832 vC2, stage 2 conf vol 509 vCu, unblocked vol 583 1200 79 tC, single (s) 4.1 6.8 6.9 tC, 2 stage (s) 5.8 tF (s) 2.2 3.5 3.3 p0 queue free % 100 78 94 cM capacity (veh/h) 818 291 801 Direction. Lane # EB 1 EB 2 EB 3 WB 1 WB 2 SB 1 Volume Total 4 502 502 553 279 115 Volume Left 4 0 0 0 0 65 Volume Right 0 0 0 0 2 50 cSH 818 1700 1700 1700 1700 402 Volume to Capacity 0.00 0.30 0.30 0.33 0.16 0.29 Queue Length 95th (ft) 0 0 0 0 0 29 Control Delay (s) 9.4 0.0 0.0 0.0 0.0 17.5 Lane LOS A C Approach Delay (s) 0.0 0.0 17.5 Approach LOS C Intersection Summary Average Delay 1.1 Intersection Capacity Utilization 32.5% ICU Level of Service A Analysis Period (min) 15 Kitts Corner Multifamily 5:00 pm 7/10/2013 2012 PM Peak Existing Synchro 6 Report Transportation Engineering Northwest Page 3 Queues 1: S 336th Street & 13th Place S 8/1 /2013 IA --0. *-- \$. 4/ Lane Group EBL EBT WBT SBL SBR Lane Group Flow (vph) 51 904 987 109 63 v/c Ratio 0.19 0.54 0.73 0.17 0.10 Control Delay 7.6 9.6 15.9 15.9 5.8 Queue Delay 0.0 0.0 0.0 0.0 0.0 Total Delay 7.6 9.6 15.9 15.9 5.8 Queue Length 50th (ft) 7 84 128 26 0 Queue Length 95th (ft) 18 119 186 64 23 Internal Link Dist (ft) 380 96 254 Turn Bay Length (ft) 275 100 Base Capacity (vph) 271 2064 1628 633 607 Starvation Cap Reductn 0 0 0 0 0 Spillback Cap Reductn 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 Reduced v/c Ratio 0.19 0.44 0.61 0.17 0.10 Intersection Summary Kitts Corner Multifamily 5:00 pm 7/10/2013 2012 PM Peak with Project Synchro 6 Report Transportation Engineering Northwest Page 1 HCM Signalized Intersection Capacity Analysis 1: S 336th Street & 13th Place S 8/1/2013 Movement EBL EBT WBT VVBR SBL SBR Lane Configurations ►j ++ tT I r Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 Lane Util. Factor 1.00 0.95 0.95 1.00 1.00 Frt 1.00 1.00 0.97 1.00 0.85 Fit Protected 0.95 1.00 1.00 0.95 1.00 Satd. Flow (prot) 1770 3539 3422 1770 1583 Fit Permitted 0.17 1.00 1.00 0.95 1.00 Satd. Flow (perm) 324 3539 3422 1770 1583 Volume (vph) 47 832 708 200 100 58 Peak -hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 51 904 770 217 109 63 RTOR Reduction (vph) 0 0 48 0 0 41 Lane Group Flow (vph) 51 904 939 0 109 22 Turn Type pm+pt Perm Protected Phases 7 4 8 6 Permitted Phases 4 6 Actuated Green, G (s) 25.6 25.6 19.0 17.8 17.8 Effective Green, g (s) 25.6 25.6 19.0 17.8 17.8 Actuated g/C Ratio 0.50 0.50 0.37 0.35 0.35 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 235 1763 1265 613 548 v/s Ratio Prot 0.01 c0.26 c0.27 c0.06 v/s Ratio Perm 0.10 0.01 v/c Ratio 0.22 0.51 0.74 0.18 0.04 Uniform Delay, d1 8.5 8.7 14.1 11.7 11.1 Progression Factor 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 0.5 0.3 2.4 0.6 0.1 Delay (s) 8.9 8.9 16.5 12.3 11.3 Level of Service A A B B B Approach Delay (s) 8.9 16.5 11.9 Approach LOS A B B Intersection Summary HCM Average Control Delay 12.7 HCM Level of Service B HCM Volume to Capacity ratio 0.49 Actuated Cycle Length (s) 51.4 Sum of lost time (s) 12.0 Intersection Capacity Utilization 44.8% ICU Level of Service A Analysis Period (min) 15 c Critical Lane Group Kitts Corner Multifamily 5:00 pm 7/10/2013 2012 PM Peak with Project Synchro 6 Report �- Transportation Engineering Northwest Page 2 HCM Unsignalized Intersection Capacity Analysis 2: S 336th Street & MS Driveway 8/1/2013 .A --0, �*-- 4, Movement ESL EBT WBT WBR SBL SBR Lane Configurations ++ tT3. Y Sign Control Free Free Stop Grade 0% 0% 0% Volume (veh/h) 3 847 766 2 30 23 Peak Hour Factor 0.81 0.81 0.85 0.85 0.46 0.46 Hourly flow rate (vph) 4 1046 901 2 65 50 Pedestrians 1 Lane Width (ft) 12.0 Walking Speed (ft/s) 4.0 Percent Blockage 0 Right turn flare (veh) Median type TWLTL Median storage veh) 1 Upstream signal (ft) 1118 460 pX, platoon unblocked 0.80 0.80 0.80 vC, conflicting volume 905 1434 453 vC1, stage 1 conf vol 903 vC2, stage 2 conf vol 530 vCu, unblocked vol 625 1289 59 tC, single (s) 4.1 6.8 6.9 tC, 2 stage (s) 5.8 tF (s) 2.2 3.5 3.3 p0 queue free % 100 76 94 cM capacity (veh/h) 764 268 798 Direction, Lane # EB 1 EB 2 EB 3 VVB 1 V11B 2 SB 1 Volume Total 4 523 523 601 303 115 Volume Left 4 0 0 0 0 65 Volume Right 0 0 0 0 2 50 cSH 764 1700 1700 1700 1700 376 Volume to Capacity 0.00 0.31 0.31 0.35 0.18 0.31 Queue Length 95th (ft) 0 0 0 0 0 32 Control Delay (s) 9.7 0.0 0.0 0.0 0.0 18.7 Lane LOS A C Approach Delay (s) 0.0 0.0 18.7 Approach LOS C Inners 4�cflcn Summary Average Delay 1.1 Intersection Capacity Utilization 33.4% ICU Level of Service A Analysis Period (min) 15 Kitts Corner Multifamily 5:00 pm 7/10/2013 2012 PM Peak with Project Synchro 6 Report Transportation Engineering Northwest Page 3 N HCM Unsignalized Intersection Capacity Analysis 3: S 336th Street & Site Driveway8/1/2013 Movement EBT EBR WBL WBT NBL NBR Lane Configurations TT�- ►j tt Y Sign Control Free Free Stop Grade 0% 0% 0% Volume (veh/h) 816 21 61 728 11 34 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 887 23 66 791 12 37 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type TWLTL Median storage veh) 1 Upstream signal (ft) 1038 540 pX, platoon unblocked 0.88 VC, conflicting volume 910 1427 455 vC1, stage 1 conf vol 898 vC2, stage 2 conf vol 528 vCu, unblocked vol 910 1351 455 tC, single (s) 4.1 6.8 6.9 tC, 2 stage (s) 5.8 tF (s) 2.2 3.5 3.3 p0 queue free % 91 95 93 cM capacity (veh/h) 744 248 552 Direction, Lane # EB 1 EB 2 WB 1 WB 2 WB 3 NB 1 Volume Total 591 318 66 396 396 49 Volume Left 0 0 66 0 0 12 Volume Right 0 23 0 0 0 37 cSH 1700 1700 744 1700 1700 425 Volume to Capacity 0.35 0.19 0.09 0.23 0.23 0.12 Queue Length 95th (ft) 0 0 7 0 0 10 Control Delay (s) 0.0 0.0 10.3 0.0 0.0 14.6 Lane LOS B B Approach Delay (s) 0.0 0.8 14.6 Approach LOS B Intersection Summary Average Delay 0.8 Intersection Capacity Utilization 39.9% ICU Level of Service A Analysis Period (min) 15 Kitts Corner Multifamily 5:00 pm 7/10/2013 2012 PM Peak with Project Transportation Engineering Northwest Synchro 6 Report Page 4 41k CITY OF � Federal Way DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT STAFF REPORT TO THE FEDERAL WAY HEARING EXAMINER KITTS CORNER MULTIFAMILY Federal Way File No. 13-101180-00-UP/13-1011810-SE PUBLIC HEARING — JUNE 6, 2013 FEDERAL WAY CITY HALL COUNCIL CHAMBERS 33325 81h AVENUE SOUTH Table of Contents I. Project Summary.......................................................................................................................... 1 II. Background.................................................................................................................................. 1 III. Reason for the Request................................................................................................................. 2 IV. Discussion.................................................................................................................................... 3 V. State Environmental Policy Act.................................................................................................. 3 VI. Public Hearing............................................................................................................................. 3 VII. Analysis of Decisional Criteria.................................................................................................... 4 VIII. Findings of Fact and Conclusions................................................................................................ 8 IX. Recommendation..........................................................................................................................8 X. List of Exhibits............................................................................................................................. 9 Report Prepared by: Margaret Clark, Principal Planner May 29, 2013 I. Il. PROJECT SUMMARY Name: Kitts Corner Multifamily Size: 46 acres Address: 33701 Pacific Highway South, Federal Way, WA 98003 File No: 13-101180-00-UP/13-1011810-00-SE Applicant: DevCo Inc., 11100 Main Street, Suite 301, Bellevue, WA 98004 Agent: CPH Consultants, 733 7`h Avenue, Suite 100, Kirkland, WA 98033 Action Requested: A quasi-judicial, project- related amendment to Ordinance 05-490, as subsequently amended by Ordinances 07-558, 08-581, and 09-614, to change the designation of the proposed roadway connecting from South 336`s Street through the proposed residential area from a public to a private street in order to facilitate the future construction of a 208 unit multifamily complex (Exhibit A). Staff Representative: Principal Planner Margaret Clark, AICP, 253-835-2646 Staff Recommendation: Approval of the request (refer to Section IX) BACKGROUND On June 7, 2005, the Federal Way City Council approved a legislative comprehensive plan and conditional rezone for Kitts Corner (a 46-acre site located south of South 336`i' Street and west of Pacific Highway South Exhibit B), from Business Park (BP) to Community Business (BC) and Multi -Family (RM 2400), based on specific conditions as contained in Ordinance No. 05- 490 (Exhibit C). As shown on Exhibit B, approximately 19 acres east of a dividing line would be designated BC and approximately 27 acres west of a dividing line would be designated RM 2400. The conditions of the comprehensive plan amendment and rezone (Exhibit C) required that future development of the site shall include design, construction, and dedication of the following public roadways in accordance with appropriate Federal Way Revised Code (FWRC) street sections (Exhibit D): a. Thirteenth Place South from South 336`h Street to the south property line (Road E — Exhibit D); b. South 340t' Street from Pacific Highway South to the intersection of 13`h Place South extended (Road G — Exhibit D); A roadway connecting from South 336"' Street through the residential area, connecting to 13`h Place South extended (Roads A and C — Exhibit D). On June 19, 2007, based on the applicant's request, the Federal Way City Council approved Ordinance 07-556, which amended Ordinance 05-490 related to the size and modulation of buildings.' On June 17, 2008, the City Council approved a preliminary plat for 95 zero -lot line townhouses for the western portion of the site (Exhibit E) per Resolution 08-526. Thereafter, on August 5, 2008, the City Council approved a further amendment per Ordinance 08-581 (Exhibit F), which related to the phasing of the public roads within the site as follows: a. Prior to occupancy of any residential building on lots 1-34, the segment of Roadway A from the southern lot line of Lot 34 northward to South 336`h Street shall be constructed to meet all applicable standards, including a temporary cul-de- sac if necessary. Traffic -calming devices such as speed humps, speed tables, traffic circles, chicanes, curb extensions, signs, pavement markings, or other calming devices as approved by the Public Works Director shall be incorporated within the residential roadway (Exhibit F, Page 9 of 10). b. Prior to occupancy of any residential building on lots 35-95, South 340t" Street from Pacific Highway South to the intersection of 131h Place South extended (Road G), and Road C from the intersection of 13'h Place South extended westward to the intersection with Road A, shall be constructed to meet all applicable standards. In addition, the segment of Road A from the southern lot line of Lot 34 southward to the intersection with Road B shall be constructed to meet all applicable standards, including a temporary cul-de-sac if necessary. Traffic -calming devices such as speed humps, speed tables, traffic circles, chicanes, curb extensions, signs, pavement markings, or other calming devices as approved by the Public Works Director shall be incorporated within the residential roadways. Signal modifications at Pacific Highway South and South 340'h Street intersection shall be required to provide safe access (Exhibit F, Page 10 of 10). On March 14, 2009, based upon the applicant's request, the City Council approved a further amendment per Ordinance 09-614 to shift the dividing line between the RM 2400 zoned parcels and the BC zoned parcels to add l -53 acres to the BC zoned parcels.' III. REASON FOR THE REQUEST The applicant desires to build apartments (Exhibit G) instead of a 95-lot zero lot line townhouse development, which was approved as part of the overall Federal Way Village Master Plan (Exhibit H). They believe that a public roadway traversing a multi -family complex would detract from the aesthetics and cohesive design of such a development. The City of Federal Way Public Works Department has determined that there is no public interest in requiring this to be a public road to serve a multi -family complex. In addition, the greater width of a public road reduces the buildable portion of the site. 'This information is being included for historical purposes, and no exhibits are attached because this amendment did not relate directly to the road requirements for development of the site. 2See Exhibit D for numbering of all roads. Staff Report to the Hearing Examiner File #13-101180-00-UP Kitts Corner Multifamily Page 2 of 9 IV. DISCUSSION It is likely that if all required permits are granted, the western residential portion of the overall site will be developed before the commercial portion to the east. Therefore, there will be a need for a second access to serve the multifamily residential portion. In order to provide a second access, the applicant and city staff have agreed to an interim solution until the eastern portion of the site is developed. Prior to occupancy of any residential building, the following roads as shown in Exhibit I shall be constructed to meet all applicable standards: a. Primary Access — Road A, a private drive/road with pedestrian facilities extending southward from South 3361h Street through the residential area to a point on the western edge of the berm; b. Second Access —Road C, an interim private road with pedestrian facilities connecting Road A and Road E; c. Second Access — Road E, an interim private road with pedestrian facilities connecting Road C and Road F; d. Second Access — Road F, a private road with pedestrian facilities extending westward from Pacific Highway to connect to Road E. Private drive/road A, and interim private roads/future public roads C and E, and private road F shall be constructed to all applicable city roadway standards and shall generally follow the alignments as shown on the January 25, 2008-approved master plan (Exhibit H). Roads C and E will become public roads at the time that the portion of the site east of Wetland No. 2 is developed. V. STATE ENVIRONMENTAL POLICY ACT The City of Federal Way issued an Optional Determination of Nonsignificance (DNS) for the proposed action on May 3, 2013 (Exhibit.. This determination was based on review of information on file, including the environmental checklist and staff evaluation (Exhibit I), which resulted in the conclusion that the proposal would not result in probable significant adverse impacts on the environment. A Notice of Master Land Use Application and Optional Determination of Nonsignificance was published in the Federal Way Mirror (Exhibit L); interested parties and agencies with jurisdiction (Exhibit M were notified either by e-mail or mailed notices; and property owners within 300 feet (Exhibit N) were mailed notices. The site was also posted with two public notice boards (Exhibit O), and the notice was posted on the city's official notification boards (Exhibit P). The city received no comments during the 14-day comment period, which ended on May 17, 2013, at which time a Determination of Nonsignificance (DNS) was issued (Exhibits Q and R). The appeal deadline concluded on May 31, 2013. There were no appeals of the environmental determination. VI. PUBLIC HEARING In preparation for the June 6, 2013, public hearing in front of the Hearing Examiner, a public notice was published in the Federal Way Mirror on May 17, 2013 (Exhibit S), all property owners Staff Report to the Hearing Examiner File #13-101180-00-UP Kitts Comer Multifamily Page 3 of 9 within 300 feet were mailed notices (Exhibit 7), and the on -site public notice boards and city's official notice boards were posted (Exhibit 0. VII. ANALYSIS OF DECISIONAL CRITERIA The Federal Way Revised Code (FWRC) establishes review procedures and decisional criteria for deciding upon various types of land use applications. This request has been determined to be a quasi-judicial project -related rezone because the proposed rezone is not initiated by the city and the proposed rezone is not from one single-family residential zone classification to another single-family residential zone classification. This action pertains to amending the conditions of a conditional rezone for Kitts Corner related to the classification of an internal roadway. Pursuant to FWRC 19.175, application for a quasi-judicial rezone must be reviewed and decided upon under process V. Under process V, the Hearing Examiner will hold a public hearing and, based on the record of that hearing, make a recommendation to the city council, who will then decide upon the application. A. As stated in FWRC 19.175.130(3), "Decisional Criteria." the Hearing Examiner shall use the following criteria for quasi-judicial rezones: (i) The city may approve an application for a quasi-judicial non -project -related rezone only if it finds that: (a) The proposed rezone is in the best interest of the residents of the City; Staff Response: On June 7, 2005, the City Council approved a legislative comprehensive plan and conditional rezone for Kitts Corner (aka Federal Way Village). Since that time, the applicant has requested three amendments to the conditions of the rezone in the hope that these amendments would contribute to the development of the site. On June 17, 2008, the City Council approved a preliminary plat for 95 zero -lot line townhouses for the western portion of the site (Exhibit E). No progress has been made as to installation of infrastructure to support the 95 lots. Approving the change in classification of Road A from public to private and allowing for a primary and secondary access for the western multi -family zoned portion of the site would allow for development of a 208-unit multi -family complex. Development of multi -family units on the western portion may act as a catalyst for development of the commercially zoned portion east of the on -site wetlands. This would contribute to economic development by creating jobs which is in the best interest of the residents of the city. (b) The proposed rezone is appropriate because either: (1) Conditions in the immediate vicinity of the subject property have so significantly changed since the property was given its present zoning and that, under those changed conditions, a rezone is within the public interest; or (2) The rezone will correct a zone classification or zone boundary that was inappropriate when established; Staff Report to the Hearing Examiner File #13-101180-00-UP Kitts Corner Multifamily Page 4 of 9 Staff Response: This is not a request for a rezone per se, but a request for a change in the original conditions of granting the rezone. The requested change is to allow a private road in lieu of a public road through the western portion of the site with the goal of building apartments. Since the original designation of multi- family for this portion of the site in 2005, and subsequent to the preliminary plat approval for 95 zero -lot line townhouses, market conditions have shifted from homeownership to renting. Recent trends in housing reveal that many baby boomers (between 46 and 54) are looking to downsize from larger homes and echo boomers (children of baby boomers, between 17 and 31 years) are entering the housing market mostly as renters. Many want a carefree lifestyle, while having the convenience of public transit, and being close to friends and activities. Therefore, there appears to be a demand for multi -family housing in urbanized areas. This site is strategically located close to Pacific Highway South and in close proximity to grocery shopping, restaurants, and the Commons Mall. Market conditions in general as related to the desired housing type have changed and this is affecting the development potential of the subject property. (c) It is consistent with the comprehensive plan; Staff Response: The request is consistent with the Federal Way Comprehensive Plan (FWCP) as the existing zoning of RM 2400 (one unit per 2,400 square feet) complies with the FWCP multi -family designation. No change is being requested to the RM 2400 zoning designation. However, the change in the road classification and subsequent development as apartments would result in an increase of approximately 113 residential units, which is consistent with the following FWCP policies: LUP23 — Support multiple -family development with transportation and capital facilities improvements. HP14 — Establish appropriate minimum densities for each zone and encourage new residential development to achieve maximum allowable density based on gross area to ensure that the City can house the anticipated population growth. HP31— Encourage new residential development to achieve maximum allowable density based on gross area. Allowing the increased number of units is also consistent with the Land Use Concept in Chapter 2 of the FWCP, which states: "The land use concept should result in the following: • Accommodation of adopted growth targets for households and jobs and Puget Sound Regional Council (PSRC) growth projections within the proposed land use plan area." Chapter 2 of the FWCP also states that: "Housing is a basic need and a major factor in the quality of life for individuals and families. An adequate supply of affordable, attractive, and functional housing is Staff Report to the Hearing Examiner File #13-101180-00-UP Kitts Corner Multifamily Page 5 of 9 fundamental to achieving a sense of community. The central issue related to land use is supplying enough land to accommodate projected growth for a range of incomes and households." Allowing apartments would be consistent with the goals, policies and vision of the FWCP. (d) It is consistent with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan; Staff Response: If the request is granted to change Road A from public to private, and apartments are proposed in the future, that proposal will require separate land use and environmental review and must meet all applicable city code requirements in effect at the time of the application. Roads constructed as part of that project will be built to applicable road standards. and (e) It is consistent with the public health, safety, and welfare. Staff Response: The proposal is consistent with the public health, safety, and welfare, as it provides for an interim private second access to the western portion of the site via private roads C, E, and F as shown in Exhibit L Upon development of the commercial phase on the eastern portion of the site, this interim access would be converted to public roads per Conditions No. 6 and 7 of Exhibit V which state: 6. Roads C and E will become public roads pursuant to Condition No. 7 at the time that the portion of the site east of Wetland No. 2 is developed. 7. The Public Works Director shall review and approve the construction phasing for the required street infrastructure associated with the commercial phase of development. Improvements required include: 13`b Place South, from South 336 h Street to the south property line; South 340ffi Street, from Pacific Highway to the intersection of 13"' Place South extended; and Road C (to all applicable standards); and modifications to the signal at the intersection of South 3401h Street and Pacific Highway South (SR 99). (ii) The city may approve an application for a quasi-judicial project -related rezone only if it finds that: (a) The criteria in subsection VII (A)(i) of this section are met; Staff Response: The criteria in VII (A)(i) have been met. and (b) The proposed project complies with this title in all respects; Staff Report to the Hearing Examiner File #13-101180-00-UP Kitts Corner Multifamily Page 6 of 9 Staff Response: If the request is granted to change Road A from public to private, and apartments are proposed in the future, that proposal, which will include construction of the primary and secondary accesses, will require separate land use and environmental review and must meet all applicable city code requirements in effect at the time of the application, including the requirements of Title 19, "Zoning and Development Code." and (c) The site plan of the proposed project is designed to minimize all adverse impacts on the developed properties in the immediate vicinity of the subject property; Staff Response: As shown in Exhibits Hand I, the proposed roads (Roads A, C, E, and F) to serve the western residential portion of the site follow the alignment of the roads in the approved master plan. That master plan has been reviewed for compliance with all codes and owners of surrounding properties were notified at the time of review of the master plan. No concerns have been voiced by owners of these properties. and (d) The site plan is designed to minimize impacts upon the public services and utilities; Staff Response: The Public Works Department has reviewed this site plan and has determined that the change from public to private of Road A, and the construction of the interim second access roads, will not impact public services and utilities. and (e) Traffic safety impacts for all modes of transportation, both on and off site, are adequately mitigated; Staff Response: The proposed private roads will adequately serve the residential portion during the interim. When the eastern portion of the site is developed, Roads C and E will be converted to public roads as required by Conditions 6 and 7 of Exhibit V. The conditions related to the interim classification as private and future conversion to public roads are intended to address and mitigate traffic safety impacts. and (f) The rezone has merit and value for the community as a whole. Staff Response: As stated in Section VII(a)(i)(a), the proposed rezone is in the best interest of the residents of the city as it may result in the overall site being developed according to the master plan, which will provide both additional housing and businesses, contributing to economic development. Staff Report to the Hearing Examiner File #13-101180-00-UP Kitts Comer Multifamily Page 7 of 9 VIII. FINDINGS OF FACT AND CONCLUSIONS Based on an analysis of the proposed action, environmental record, and related decisional criteria, the Department of Community and Economic Development finds that: 1. The application is for a quasi-judicial project- related rezone to change the designation of the proposed roadway connecting from South 336' Street through the proposed residential area from a public to a private street in order to facilitate the future construction of a 20.8 unit multi -family complex. 2. The City of Federal Way Public Works Department has determined that there is no public interest in requiring this to be a public road to serve a multi -family complex. 3. The comprehensive plan is multi -family, which allows either zero -lot line townhouse development (previously proposed for the site), or stacked multi -family dwelling units (as is presently proposed). 4. Rezone requests are heard by the Hearing Examiner who makes a recommendation to the Federal Way City Council. 5. ANotice of Muster Land Use Application and Optional Determination of Nonsignificance was mailed to all property owners within 300 feet of the subject property on May 2, 2013. 6. No public comments were received on the Notice of Master Land Use Application and Optional Determination of Nonsignificance. 7. An Environmental Determination of Nonsigniflcance (DNS) was issued for this proposed action on May 17, 2013. The city received no appeals of the SEPA determination and the SEPA appeal period has expired. 8. The proposal has been reviewed for compliance with the FWRC and FWCP. The proposal meets decisional criteria for quasi-judicial -project rezone requests in FWRC 19.75, as discussed in Section VII above. 9. Any subsequent development of the properties associated with this request may only be approved if found to be consistent with codes in effect at the time of application, including clearing and grading, tree/vegetation retention, storm drainage, and transportation. IX. RECOMMENDATION Based on review of this application, environmental record, and pertinent decisional criteria, the Department of Community and Economic Development recommends approval of the project - related rezone request to change the classification of Road A from public to private. Staff Report to the Hearing Examiner File #13-101180-00-UP Kitts Corner Multifamily Page 8 of 9 X. LIST OF EXHIBITS Exhibit A Process V Application Exhibit B Kitts Corner Zoning Designations Exhibit C Ordinance 05-490 Exhibit D Internal Roads as Required by Ordinance 05-490 and Resolution 08-526 Exhibit E Preliminary Plat of Federal Way Village Exhibit F Ordinance 08-581 Exhibit G Graphic of Proposed Apartments Exhibit H Federal Way Village Master Plan Exhibit I Graphic of Interim Road Construction Exhibit J Optional Determination of Nonsignificance Exhibit K Environmental Checklist and Staff Evaluation Exhibit L Declaration of Distribution — Notice of Master Land Use Application and Optional Determination of Nonsignificance (Published in the Federal Way Mirror) Exhibit M Declaration of Distribution — Notification to Agencies and Interested Parties of Master Land Use Application and Optional Determination of Nonsignificance Exhibit N Declaration of Distribution — 300-Foot Notification of Master Land Use Application and Optional Determination of Nonsignificance Exhibit O Sign Installation Certificate for Master Land Use Application and Optional Determination of Nonsignificance Exhibit P Declaration of Distribution — Posting City's Official Notice Boards for Master Land Use Application and Optional Determination of Nonsignificance Exhibit Q Declaration of Distribution — Determination of Nonsignificance (DNS) (Published in the Federal Way Mirror) Exhibit R Declaration of Distribution — DNS Notification to Agencies and Interested Parties Exhibit S Declaration of Distribution — Notice of Public Hearing (Published in the Federal Way Mirror) Exhibit T Declaration of Distribution — 300-Foot Notification of Public Hearing Exhibit U Declaration of Distribution — Posting the Official Notice Boards and the On -Site Notice Boards for the Public Hearing Exhibit V Proposed Amendments to the Language of Ordinance 05-490 as Subsequently Modified Note: Copies of exhibits are not attached to all copies of this report. All exhibits have been provided to the Hearing Examiner. TRANSMITTED TO THE PARTIES LISTED HEREAFTER: Federal Way Hearing Examiner DevCo Inc. CPH Consultants K:\2013 Kitts Comer Multifamily\Hearing Examiner\Staff Report to Hearings Examiner.doc Staff Report to the Hearing Examiner File #13-101180-00-UP Kitts Comer Multifamily Page 9 of 9 RESUBMITTED Return Address: JUN 12 2014 David Ratliff Kitts Corner, LLC CCTV OF FEDERAL WAY 10900 NE 8th Street, Suite 1200 CDS Bellevue, WA 98004 Emergency Fire Access and Maintenance Agreement Reference Number(s) of related document(s): N/A Grantor: SKCMSC Federal Way Associates Limited Partnership Grantee: South King Fire and Rescue Legal Description: See Exhibit A for a full legal description Assessor's Tax Parcel ID Number: 202104900206 This Emergency Fire Access Agreement, ("Agreement") dated, April) 2014 is by and between SKCMSC Federal Way Associates Limited Partnership, ("Multi -Service Center") and South King Fire and Rescue. Multi -Service Center owns the real property described in Exhibit A and as illustrated in Exhibit B. Kitts Corner, LLC is purchasing the adjacent real property. In conjunction with the development of the Kitts Corner, LLC property, DevCo, LLC desires to construct a thirty, (30), foot emergency vehicle access to be located on the Multi -Service Center property as illustrated in Exhibits A and B and an emergency fire access gate to be located on the Multi -Service Center/ Kitts Corner, LLC property line as illustrated in Exhibit C, all of which shall be used exclusively by Grantee. Access Easement: Multi -Service Center and Kitts Corner, LLC, or its' successors hereby grants a permanent non-exclusive easement for emergency fire access to South King Fire and Rescue on, over and through the land herein described. Construction: Kitts Corner, LLC or its' successor(s) shall construct at its sole cost and expense the emergency access as illustrated in Exhibits A, B and C. Maintenance: Kitts Corner, LLC or its' successor(s) will be required to maintain at its sole cost and expense the emergency access easement driving surface and gate. This is a non-exclusive Grant of Easement and to the extent that other uses do not interfere with the use of said easement by Grantee as permitted herein, Grantor, its successor(s) and assigns, shall be permitted to use their property for any purpose they may desire. The covenants run with the land binding upon said property of its Grantor, successor(s) and assigns, and for the benefit of Grantee. IN WITNESS WHEROF, the Grantors hereto have executed this Grant of Easement of the day and year first above written. Grantor Title: Grantee SKCMSC Federal Way Associates Limited Partnership South King Fire and Rescue By: Multiservice Center By: By: Name: Federal Way Village Job No. 1122-006-006 January 22, 2014 EXHIBIT "A" EASEMENT DESCRIPTION FOR EMERGENCY VEHICLE ACCESS That portion of Lot 1 of Federal Way Boundary Line Adjustment Number BLA 00-105818- 000-00-SU, as recorded under King County Recording No. 200110802900007, being more particularly described as follows: COMMENCING at the northeast comer of said Lot 1, THENCE along the east line of said Lot 1, S 01 °15'05" W,116.50 feet to the TRUE POINT OF BEGINNING; THENCE continuing along said east line, S 01'15'05" W, 30.00 feet; THENCE N 88045'01 " W, 80.14 feet to a point of non -tangent curvature; THENCE northwesterly, 53.54 feet along the arc of said curve to the left, having a radius of 163.00 feet, the radius point of which bears N 79001'47" E, through a central angle of 18049'12", to a point of reverse curvature; THENCE northeasterly, 43.02 feet along the arc of said curve to the right, having a radius of 112.00 feet, through a central angle of 22°00'36", to a point of tangency; THENCE N 01004'12' E, 45.57 feet to a point on the south line of South 33e Street per right of way dedication as recorded under King County Recording No. 20110727000010; THENCE along said south line S 88045'01" E, 24.00 feet; THENCE S 01 004"2" W, 45.50 feet to a point of curvature; THENCE northeasterly, 33.81 feet along the arc of said curve to the left, having a radius of 88.00 feet, through a central angle of 22°00'36", to a point of reverse curvature; THENCE northeasterly, 32.54 feet along the arc of said curve to the right, having a radius of 88.00 feet, through a central angle of 09'58'11 "; to a point of tangency; THENCE S 88.45-01 " E, 60.10 feet to the TRUE POINT OF BEGINNING; CONTAINING 5,142 square feet; 0.12 acres, more or less. See attached Exhibit "B". Written by: ZTL Hesm-jobs 11122100610061docu mentllegal-013.doc EXHIBIT B POINT OF COMMENCMENT NE COR. LOT 1, BLA TO ACCOMPANY LEGAL DESCRIPTION FOR 00-105818-000-00-SU, EMERGENCY VEHICAL ACCESS EASEMENT REC NO. 200110802900007., A PORTION OF THE NE 1 /4 OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., CITY OF FEDERAL WAY,- KING COUNTY,' WASHINGTON SOUTH 3 36TH STREET I t SCALE: 1 "=100' I ESMB\ENGR\ESM—JOBS\11 I I � TRUE POINT I L------ OF BEGINNING j U vi i US z LOT 1 I-)>U II I II II _�I CJL7 CONSULTING ENGINEERS 33400 8TH AVE. SOUTH �I I L I SUITE 205 Federal Way, WA 98003 FEDERAL WAY (z651 297-9900 EWRM 425 297-9900 www.esmcivii.com Civil Engineering Land Surveying I Land Planning Public Works I Project Management Landscape Architecture JOB NO. DRAWING NAME DATE : DRAWN SHEET 1 OF 1 LOT 2 1122-006-006 SR-03 JANUARY 22, 201 Z.T.L. RECEIVED DEC 1 9 200E CITY OF F _ nAL WAY Optimum EnvironmeIf �tEPT. A Division of OE Enterprises, Inc PO Box 114 Issaquah, WA 98027 Tel (425) 391-8292 www.optimumenvironment.com E-mail Errol@optimumenvironment.com Noise Evaluation Federal Way Village LLC SBI Developing LLC PO Box 73790 Puyallup, WA 98373 Introduction Federal Way Village LLC is proposing to develop an approximately 45 acre site known as Kitts Corner located on the SW corner of S. 336th St and Pacific Hwy S. in Federal Way, WA, with a combination of residential and commercial uses (See Figure 1- Zoning Map). The site is largely wooded with meandering roads traversing the site. It is bisected by a wetland and includes a regional storm water detention system operated by the City of Federal Way (See Figure 2 - Aerial Photo). The area surrounding the site is zoned for business, office and other commercial uses. A senior living center is located adjacent to the NW corner of the site. This noise evaluation will: 1) Summarize a series of noise measurements taken to determine existing day and night noise levels on and adjacent to the site. 2) Identify existing sources of noise on the site. 3) Determine compliance of existing land uses at the site boundaries with noise regulations, especially at the residential boundaries. Federal Way Village LLC Noise Evaluation 4) Identify methods to attenuate and mitigate noise from both the proposal and from existing activities. 5) Determine compliance with noise limitations as promulgated by Washington State statutes and administrative. code (WAC 173-60) as referenced by the City of Federal Way in Chapter 22-956. Noise Regulations and Interpreting Measurements Applicable Noise Regulations Noise regulations applicable to the site are codified in WAC 173-60, which has been adopted by reference by the City of Federal Way, WA. The maximum permissible noise levels from WAC 173-60 are summarized in Table I below: Table I Noise Limitations dBA EDNA* OF NOISE SOURCE EDNA OF RECEIVING PROPERTY CLASS A CLASS B CLASS C RESIDENTIAL COMMERCIAL INDUSTRIAL A - RESIDENTIAL 55 57 60 B - COMMERCIAL 57 60 65' C - INDUSTRIAL 60 65 70 *Environmental Designation for Noise Abatement (based on Land Use and Zoning) Between the hours or 10:00 PM and 7:00 AM the limitations of the above table shall be reduced by 10 dBA for the receiving property for residential (Class A) zones. These noise levels may be exceeded on the receiving property for any one hour day or night as follows: 15 dBA for 1.5 minutes; Approximately equivalent to 1-2.5. 10 dBA for 5 minutes; Approximately equivalent to 1-8.3. 5 dBA for15 minutes; Approximately equivalent to L25. These regulations exempt a wide range of noise sources on both public and private property from the noise limitations in Table I. Exemptions Optimum Environment 2 October 16, 2006 1 Federal Way Village LLC Noise Evaluation include, but are not limited to: vehicles, trains, planes and natural sources. A comprehensive list of exemptions to the noise limitations can be found in WAC 173-60. Under the applicable noise regulations and definitions, activity from noise sources and the proposed uses on the site are 57 dBA at the residential/commercial EDNA boundaries and 60 dBA at the commercial/commercial EDNA boundaries. The City of Federal Way Zoning Code (Chapter 22) related to office and retail uses (several sections) specifies that 'The site must be designed so the noise from this use will not be audible off the subject property, based on a certificate to this effect signed by an acoustical engineer and bled with the development permit application." There are no requirements in the zoning code that limit noise off the subject property from residential zones or uses. Interpreting Measurements and Correlating with Regulations Today's integrating sound level meters measure noise energy and total noise exposure, and the noise metrics used correlate with but are not directly representative of the limitations described in Table I above. The standard noise metric used by today's integrating meters is the L descriptor, which is a statistical description of the noise energy exceeded a specified percentage of the time. Lmax is the highest and Lmin the lowest sound levels observed during the measurement period. Leq is the average sound energy level observed during the measurement period. The measurements taken with the digital noise meter directly measure and record Lmax, Lmin and Leq. When the 5, 10 and 15 dBA allowable noise exceedances In the regulations shown in Table I are factored into a one hour measurement period - as noise energy - the Leq limitation measured by the noise meter associated with an EDNA limitation in the regulations is 4.2 dBA higher than the limitation. For example: The noise limitation in Table I at the commercial/residential EDNA boundary is 57 dBA. When the total noise energy from the allowable exceedances is included (up to 72 dBA for 1.5 min, 67 dBA for 5 min and 62 dBA for 15 min) for any one hour period, the resultant one - hour Leq is 61.2 dBA. Therefore, a measured Leq less than 61.2 dBA is considered to be in compliance with the noise limitations described in Table I. Correspondingly a 50 dBA limitation = 54.2 dBA Leq, 70 = 74.2 Leq, etc. The data from the noise measurements will be evaluated in terms of Leq to determine compliance of the site with the noise limitations in WAC 173-60. Optimum Environment 3 October 16, 2006 Federal Way Village LLC Noise Evaluation Measurement periods can be of any duration from a few seconds to several hours. For this noise evaluation, 10 to 15-minute measurement periods are used and are reasonably representative of expected hourly Leq noise levels at the EDNA boundary. Since the digital noise meters measure and record all noise (exempt and non-exempt) generated, two factors have to be considered in any noise evaluation: How do you incorporate the noise exceedances allowed in Table I? If the meter measures all noise, how do you differentiate between exempt noise sources, other (external) non-exempt noise sources and determine the actual noise contribution of the facility being evaluated and compliance with the regulations? Rather than incorporating the exceedances, for purposes of this report, if the Leq is less than the 60 dBA limitation at the commercial/commercial EDNA (property) boundary then the site is considered to be in compliance with the regulations at both the residential and commercial boundaries. Measured Noise Levels Noise measurements were taken on Tuesday September 12, 2006 between 1:30 and 3 PM, and 11:15 PM and 12:45 AM (Wed). Weather was clear with winds 2-4 mph. Daytime temperature was about 70 degrees F, dropping to below 60 degrees F at night. Skies were,clear. Noise measurements were taken with Quest 2800 - Type II integrating noise meter set on slow response with windscreen attached and calibrated prior to and after the measurements. The noise meter was calibrated to 110.0 dBA prior to the measurements, and recalibrated at 110.0 dBA at the conclusion of each set of measurements. Noise measurement locations are shown in Figure 2 Aerial Photo. Table II summarizes the highest, lowest and average noise levels from existing activity adjacent to the site. Optimum Environment 4 October 16, 2006 ,1 Federal Way Village LLC Noise Evaluation Table II Noise Measurements dBA Location v h* Dur m.s. Lm x Lmin Le Daytime Site 1 50' off CL SE 336th St 1092 15:00 Site 2 50' off CL Pac Hwy S. 2404 15:00 Site 3 Center of Site NA 15:00 Site 4 SW Corner (Frito Lay) NA 15:00 Night Site 1 50' off CL SE 336th St 92 10:00 Site 2 50' off CL Pac Hwy S. 148 10:00 Site 3 Center of Site NA 10:00 Site 4 SW Corner (Frito Lay) NA 10:00 * vph= vehicles per hour 78.9 49.7 68.2 79.7 48.9 67.6 68.1 44.4 56.3 70.3 42.2 54.3 77.7 32.3 60.6 73.6 42.8 58.9 71.3 39.8 55.4 55.6 43.6 45.9 The primary source of noise on the site was external to the site and created by vehicle traffic (exempt) - primarily on Pacific Hwy S and S. 336th St. Traffic volumes were counted at Sites 1 and 2 during the measurements. Noise levels decreased rapidly as the center of the site was approached, declining to a minimum at the SW corner of the site. Noise levels (day) drop below 60 dBA Leq approximately 250 feet from Pacific Hwy S and S 336th St, and are below 55 dBA Leq in the SW corner. Night Leq noise levels in the SW corner were approximately 45 dBA. Other sources of external noise included jet, helicopter and plane flyovers (exempt). The site is located under the flight pattern for SeaTac International Airport, and was in north flow (landing) during both the day and night measurements. Hammering and backup alarms (exempt) were audible at measurement Site 4 during the day measurements. The red lines in Figure 2 show the approximate 55 and 60 dBA noise contours resulting from existing off -site noise sources. In Optimum Environment 5 October 16, 2006 Federal Way Village LLC Noise Evaluation summary, audible and measurable noise on the site originates offsite and is generated primarily by exempt sources. Including exempt noise, only Site 4 in the SW corner is below with both the day and night noise limitations. Noise Expected from Site Activities Development of the site for business and residential uses will create short-term noise from construction activity and long-term noise from on -site traffic movement and other sources typically generated by normal residential and business activities. Short-term noise from construction activity would include hammering, sawing and operation of small electric or pneumatic tools (nail guns). Backup alarms (an exempt source) would occur from excavation equipments and trucks. Noise from these activities would cease on completion of the project. Noise from construction activities are exempt from the noise limitations under WAC 173-60-050(3)(a). Long-term noise would originate from typical residential and business activities: Internal traffic movement, landscaping of the grounds, people talking, doors opening and closing and other noises usually associated with residential and business activities. Based on the noise measurements and the zoning (Figure 1), the present proposed location of the business and residential zones is the best alternative to minimize noise levels from exterior sources at the residential/commercial EDNA boundaries. The residential homes along S. 336th St will be exposed to higher levels of traffic noise. Based on the noise measurements, existing business activity along the west property boundary is relatively quiet and well below the noise limitations and will not impact the proposed residences. The measured Leq "noise levels of 55 dBA and below are representative of the noise levels in the residential zone, with exception of the homes located along S. 336th St. Under the 1974 EPA guidelines relating to the impacts of noise, levels of 55 dBA and under are considered "generally acceptable" and do not pose a health risk to humans. The proposed business areas will be exposed to the higher noise levels from off -site traffic (55 to 68 dBA Leq) on adjacent streets and provide a buffer between traffic noise from Pacific Hwy S and the residences. Optimum Environment 6 October 16, 2006 Federal Way Village LLC Noise Evaluation Because of the nature of business activities, higher noise levels are normally tolerated from activities. Noise Mitigation The City of Federal Way has no rules or standards relating to noise reduction in buildings constructed in inherently noisy environments, except that all new construction conforms to the standards specified in WAC 51-11 (WA State Energy Code) and WAC 51-50 & 51 (International and Residential Building Codes). The City does specify in its Zoning Code (Chapter 22) that in the Office/Retail/Professional zones do not generate noise that is audible off -site. There are no requirements in the zoning code that noise generated in residential zones must not be audible off -site. In general, buildings that are in compliance with the Washington State Energy Code (WAC 51-11) requirements normally reduce exterior noise levels 25 dBA or more. Therefore, current construction practices will yield interior noise levels in the residential units that are below 40 dBA and will not interfere with sleeping. Additional mitigation may be achieved by locating bedrooms of homes in the residential area adjacent to S. 336th St and the west property boundary on the back side of the homes, away from exterior sources of noise. Findings 1. The site is presently vacant and all sources of measured noise originate off the site. 2. Based on measurements on the site existing noise levels exceed 60 dBA Leq within 250 feet of the arterials along the north and east site boundaries and are below 55 dBA Leq in the SW corner of the site. 3. Traffic on local arterials and aircraft in the SeaTac flight patterns are the dominant contributors to noise measured on the site. 4. The quietest area on the site is adjacent to the west boundary at the SW corner. Noise from the Frito-Lay facility was periodically audible, but made no measurable contribution to the overall existing noise levels and noise levels were well below any regulatory limitations at the residential/commercial EDNA boundary. Optimum Environment 7 October 16, 2006 Federal Way Village LuC Noise Evaluation 5. The City of Federal Way has adopted by reference the State Noise limitations (WAC 173-60), the State Energy Program (WAC 51-11 and the State Building Codes (WAC 51-50 & 51). 6. The City of Federal Way Zoning Code (Chapter 22) does regulate noise originating from Office/Retail/Professional zones to not be audible off the property boundaries. It does not regulate noise originating from residential sources off the property boundaries. 7. Construction of buildings - commercial and residential - to the WA State Energy Code standards achieves approximately a 25 dBA reduction in interior noise levels. For residences this should reduce interior noise levels to below 40 dBA in sleeping areas. It will also similarly reduce noise levels from interior business activities to the exterior, and is expected to achieve compliance with the Zoning Code regulations described in Finding 6. Conclusion The site is located in a generally noisy environment created primarily by local traffic and jet aircraft flyovers from SeaTac airport. Noise from adjacent business sources makes a negligible contribution to measured levels on the site. Construction of the proposed buildings to the Washington State Energy Code regulations is expected achieve interior noise levels below 40 dBA in sleeping areas of the proposed residences, and achieve compliance with the Federal Way Zoning Code for noise generated by proposed businesses. Prepared by Errol Nelson P.E. Expires 2/11/08 Optimum Environment 8 October 16, 2006 Federal Way Set View 2+iarrs !<h . '. papi : l � k+ a F Federal Way Property Information aavl al U V - R 1 ftimm Data Tools M�c�nndw4riA'+arlls'•Ca7�gt{C� 1942.27D3€S�1fic. Select Tools Zoning Map Legend dv 25 IL. Guntouis Streams Major Streets d�rClLh�f f ! M4(r Streets ,A ARTERAL COLLECTOR %vJ FREDVAY ® Wetlands Zoning ( eta8) nParcels Puget Sound Lakes Zoning -Generalized C�:r Cc�n6 Cac CfyCeY.er �>snc ■ Ca'nrn�aa. ■ C�a'ays�aic _AIU2 M.'C715:r �yjL•Fa:liiiy Scegc.�an;�y. �n� �Jztiy Neighboring Ofts Jn-,t«rpww--d Ar¢e AgMS Axrr Om mcncs rdgaN—d 6m K"k W= Pac :c Ta=va Federal Way V Figure 1 iiiage LL Change tD Lanclscajp,� PTiflt -a Shc-,�v Gi Bad" TO 0-ange j -'002 MUMS Fededal Washington Un7t-,- i" Jun Z- A 17i I 'all -7iaw-d ZOOM o. 200yd 01- lU.S. Geologic-d SIOU C'. I%Privacy Noise Measurement Site Figure 2 :.--Z. & Contours r'ecieral Way Village LLC 1 c0 CITY OF Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8'h Avenue South Federal Way, WA 98003-6325 RECEIVED 253-835-2607; Fax 253-835-2609 .►vww.citvoffedci-sly .iv.com OCT 0 4 2013 CITY OF FEDERAL WAY CDS HAZARDOUS MATERIALS INVENTORY STATEMENT CRITICAL AQUIFER RECHARGE AND WELLHEAD PROTECTION AREAS I. WHY SHOULD THIS INVENTORY STATEMENT BE FILLED OUT? Critical Aquifer Recharge (CARAs) and Wellhead Protection Areas (WHPAs) are considered "critical areas" pursuant to Federal Way Revised Code (FWCC), Title 14, "Environmental Policy." This inventory statement must be filled out by the applicant or agent for any proposed activity listed in Section II of this handout, and which are located within Wellhead Capture Zones 1, 5, and 10 as shown on the Critical Aquifer Recharge and Wellhead Protection Areas Maps. Please refer to the handout on Critical Aquifer Recharge and Wellhead Protection Areas for a description of the review process. II. ACTIVITIES GOVERNED BY CARA AND WHPA REGULATIONS The inventory statement must be filled out for the following activities: ■ Construction of any residential structure, including single-family development Construction of any barn or other agricultural structure ® Construction of any office, school, commercial, recreational, service, or storage building ■ Construction of a parking lot of any size • Other minor new construction (see WAC 197-11-800[2]) • Additions or modifications to or replacement of any building or facility (does not include tenant improvements) • Demolition of any structure ■ Any landfill or excavation * Installation of underground tanks • Any division of land, including short plats * Change of use, which involves repair, remodeling, and maintenance activities * Dredging ■ Reconstruction/maintenance of groins and similar shoreline protection structures * Replacement of utility cables that must be buried under the surface of the bedlands * Repair/rebuilding of major dams, dikes, and reservoirs * Installation or construction of any utility, except for on -going operation and maintenance activities of public wells by public water providers 0 Personal wireless service facilities Project Name ' )plicant C�J Project Location �1; ackin No. III. TYPES AND QUANTITIES OF HAZARDOUS MATERIALS Please provide the approximate quantity of the types of hazardous materials or deleterious substances that will be stored, handled, treated, used, produced, recycled, or disposed of in connection with the proposed activity. If no hazardous materials will be involved, please proceed to Section IV. MATERIAL LIQUID allons) SOLID(pounds) (1) Acid or basic solutions or solids (2) Antifreeze or coolants (3) Bleaches, peroxides, detergents, surfactants, disinfectants bactericides, algaecides (4) Brake, transmission, hydraulic fluids (5) Brine solutions (6) Corrosion or rust prevention solutions (7) Cutting fluids (8) Deicing materials (9) Dry cleaning or cleaning solvents (10) Electroplating or metal finishing solutions (11) Engraving or etching solutions (12) Explosives (13) Fertilizers (14) Food or animal processing wastes (15) Formaldehyde (l 6) Fuels, additives, oils, greases (17) Glues, adhesives, or resins (18) Inks, printing, or photocopying chemicals (19) Laboratory chemicals, reagents or standards (20) Medical, hospital, pharmaceutical, dental, or veterinary fluids or wastes _ (21) Metals (hazardous e_g. arsenic, copper, chromium, lead, mercu , silver,. etc. (22) Paints, pigments, dyes, stains, varnish, sealers. (23) Pesticides, herbicides or poisons (24) Plastic resins, plasticizers, or catalysts (25) Photo development chemicals (26) Radioactive sources (27) Refrigerants, cooling water (contact) (28) Sludges, still bottoms (29) Solvents, thinners, paint removers or strippers (30) Tanning (leather) chemicals (31) Transformer, capacitor oils/fluids, PCB's (32) Waste oil (33) Wood preservatives (34) List OTHER hazardous materials or deleterious substances on a se crate sheet. Bulletin #056 —January 1. 2011 Page 2 of 3 k:\Handouts\l-lazardous Materials ]mventory Statement ,f , Project Name r _ ANe- 1 plicant De-�.Y 6 Ac No - Project Location / 'l racking No_ IV. FURTHER INFORMATION Provide the approximate quantity of fill and source of fill to be imported to the site. A of Imnorted Fill Source of Fill Check box #1 if you do not plan to store, handle, treat, use, produce, recycle, or dispose of any of the types and quantities of hazardous material or deleterious substance listed in Section III. Check box(s) #2 through #5 (and fill in appropriate blanks) of the below table if they apply to your facility or activity. The proposed development will not store, handle, treat, use, produce, recycle, or dispose of any of #1 [ ] the types and quantities of hazardous materials or deleterious substances listed above. #2 [ ] Above ground storage tanks, having a capacity of gallons will be installed. #3 [ Construction vehicles will be refueled on site. Storage within wholesale and retail facilities of hazardous materials, or other deleterious #4 [ ] substances, will be for sale in original containers with a capacity of_ gallons liquid or __pounds solid. The presence of chemical substances on this parcel is/will be for "temporary" non -routine #5 [ ] maintenance or repair of the facility (such as paints and paint thinners) and are in individual containers with a capacity of _ gallons liquid or mounds solid. Check any of the following items that currently exist or are proposed in connection with the development of the site_ #1 [ ] Stormwater infiltration system (e.g., french drain, dry well, stormwater swale, etc.) #2 [ ] Hydraulic lifts or elevator, chemical systems, or other machinery that uses hazardous materials #3 [ ] Cathodic protection wells #4 [ ] Water wells, monitoring wells, resource protection wells, piezometers #5 [ ] Leak detection devices, training for employees for use of hazardous materials, self-contained machinery. etc. S Ifyou have any questions about filling out this application form, please call the Department of Community Development Services at 253-835-2607. Please be advised that an application for a development permit lacking the required information will not be accepted. Bulletin #056 — January 1, 2011 Paae 3 of 3 k:\Handouts\Hazardous Materials Inventory Statement CITY OF '*� Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 86' Avenue South Federal Way, WA 98003-6325 RESUBMITTED 253-835-2607;Fax253-835-2609 www.citvof edeea %vay.coin FEB 0 7 2014 CITY OF FEDERAL WAY cDsCrime Prevention Through Environmental Design (CPTED) Checklist Directions Please fill out the checklist to indicate which strategies have been used to implement CPTED principles in your proposed project. Please check all strategies that are applicable to your project for each of the numbered guidelines. You may check more than one strategy for each guideline. Your responses will be evaluated by City Staff, and will be integrated into the Site Plan and/or Building Permit review process. Section and ✓ Functional Area Performance Performance Standard Standard Strategy ■ Applicable during Site Plan Review e Applicable during Building Permit Review Evaluation for Agency Use Only Section 1.0 Natural Surveillance 1.1 Blind Corners _❑Conforms Avoid blind corners in pathways and parking lots. _❑Revise —DNA Comments: Pathways should be direct. All barriers along pathways should ✓ be permeable (see through) including landscaping, fencing etc. ■ All parking lots open space areas and Pathways are visible from the vroposed residential buildin s. El Consider the installation of mirrors to allow users to see ahead of them and around corners. e Other strategy used: Proposed landscaping in or adjacent to paths and open sace areas is Proposed to be low ✓ 2rowing or otherwise non -obscuring for improved visibilit from roadway, arkin lot and adjacent residential buildines. 1.2 Site and Building Layout _❑Conforms Allow natural observation from the street to the use, from the —[]Revise Kitts Corner Multifamily COFW Bulletin #022 / February 6, 2013 City File No. TBD Page 1 of 10 Section and Performance Standard ✓ Functional Area Performance Standard Strategy ■ Applicable during Site Plan Review 6 Applicable during Building Permit Review Evaluation for Agency Use Only use to the street, and between uses _❑NA Comments: ✓ Orient the main entrance towards the street or both streets on corners. R For Non -Single Family Position habitable rooms with windows at the front of the Development dwelling. s Access to dwellings or other uses above commercial/ retail development should not be from the rear of the building. R ✓ Offset windows, doorways and balconies to allow for natural observation while protecting privacy. ■ ✓ Locate main entrances/exits at the front of the site and in view of the street. ■ For Commercial/ Retail/ Industrial If employee entrances must be separated from the main and Community ❑ entrance, they should maximize opportunities for natural Facilities surveillance from the street. ■ In industrial developments, administration/offices should be located at the front of the building. R Avoid large expanses of parking. Where large expanses of For Surface ✓ parking are proposed, provide surveillance such as security Parking and cameras. ■ Parking Structures ✓ Access to elevators, stairwells and pedestrian pathways should be clearly visible from an adjacent parking area. ■ ✓ Avoid hidden recesses. ■ ✓ Locate parking areas in locations that can be observed by adjoining uses. ■ Open spaces shall be clearly designated and situated at For Common/ locations that are easily observed by people. Parks, plazas, Open Space ✓ common areas, and playgrounds should be placed in the front Areas of buildings. Shopping centers and other similar uses should face streets. ■ Kitts Corner Multifamily COFW Bulletin #022 / February 6, 2013 City File No. TBD Page 2 of 10 Section and ✓ I Functional Area Performance Performance Standard Standard Strategy ■ Applicable during Site Plan Review e Applicable during Building Permit Review Other strategy used: The proposed onsite trails in the Wetland I and 2 buffers at the eastern edge of the praiect site will be visible and slightly down slo pe of the adjacent residential buildin s. Theo ens ace areas integrated with ✓ the buffer trails and onsite recreations aces are visible from the promenade, parkinelot areas and residences. In addition the trail will have si na a to clarify that pedestrians must remain on the trail trail hours of use and that the trail is not lit or accessible by vehicle. Evaluation for Agency Use Only 1.3 Common/Open Space Areas and Public On -Site Open _❑Conforms Space _❑Revise Provide natural surveillance for common/open space areas. —DNA Comments: Position active uses or habitable rooms with windows adjacent ✓ to main common/open space areas, e.g. playgrounds, swimming pools, etc., and public on -site open space. ■ Design and locate dumpster enclosures in a manner which ✓ screens refuse containers but avoids providing opportunities to hide. r Locate waiting areas and external entries to elevators/stairwells ❑ close to areas of active uses to make them visible from the building entry. e ❑ Locate seating in areas of active uses. e Other strategy used: 1.4 Entrances _❑ Conforms Provide entries that are clearly visible. _Revise —DNA Comments: ✓ Design entrances to allow users to see into them before entering. ■ Entrances should be clearly identified (Signs must conform to ❑ FWRC 19.140.060. Exempt Signs. (Applicable during Certi scate of Occu anc Ins clion . Kitts Corner Multifamily City File No. TBD COFW Bulletin #022 / February 6, 2013 Page 3 of 10 Section and ✓ Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy ■ Applicable during Site Plan Review e Applicable during Building Permit Review Other strategy used: 1.5 Fencing _❑ Conforms Fence design should maximize natural surveillance from the ❑Revise street to the building and from the building to the street, and �_❑NA minimize opportunities for intruders to hide. Comments: 1.6 ❑ Front fences should be predominantly open in design, e.g. pickets or wrought iron, or low in height. e Design high solid front fences in a manner that incorporates ❑ open elements to allow visibility above the height of five feet. e If noise insulation is required, install double -glazing at the ❑ front of the building rather than solid fences higher than five feet. e Other strategy used: Recreation areas containing tot lots will have perimeter fencing with gate access. Split rail wood fences may also be installed at the ed es of the trail within ✓ the wetland buffers to maintain pedestrian traffic out of critical areas. Fencing will also be lwovided at the perimeter of the site for privacy and to provide screening in addition to the required landscaping at these same areas. Landscaping _0 Conforms Avoid landscaping which obstructs natural surveillance and _❑Revise allows intruders to hide. —DNA Comments: ✓ Trees with dense low growth foliage should be spaced or their crown should be raised to avoid a continuous barrier. 0 Use low groundcover, shrubs a minimum of 24 inches in ✓ height, or high -canopied trees (clean trimmed to a height of eight feet) around children's play areas, parking areas, and along pedestrian pathways. ■ ✓ Avoid vegetation that conceals the building entrance from the street. ■ Kitts Corner Multifamily COFW Bulletin #022 / February 6, 2013 City File No. TBD Page 4 of 10 Section and ✓ Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy ■ Applicable during Site Plan Review e Applicable during Building Permit Review Other strategy used: 1.7 Exterior Lighting _❑Conforms Provide exterior lighting that enhances natural surveillance. _❑Revise (Refer to FWRC 19.115.050(7)(a) for specific lighting —DNA requirements.) Comments: Prepare a lighting plan in accordance with Illuminating Engineering Society of America (IESA) Standards, which addresses project lighting in a comprehensive manner. Select a lighting approach that is consistent with local conditions and crime problems. ■ A Preliminary Site LiAiting Plan is included with the Site Plan AR12roval Package to ✓ demonstrate the comprehensive approach to providiu adequate lighting for pedestrian routes and parking areas. This plan provides specific li ht fixturelluminaire types and locations. Manufacturer information for each specific light type is included with this Man. A detailed illumination elan. details. and photometric calculations will be provided_ with the final building permit. Locate elevated light fixtures (poles, light standards, etc.) in a ✓ coordinated manner that provides the desired coverage. The useful ground coverage of an elevated light fixture is roughly twice its height. ■ For areas intended to be used at night, ensure that lighting ❑ supports visibility. Where lighting is placed at a lower height to support visibility for pedestrians, ensure that it is vandal - resistant. e El Ensure inset or modulated spaces on a building facade, access/egress routes, and signage is well lit. e ❑ In areas used by pedestrians, ensure that lighting shines on pedestrian pathways and possible entrapment spaces. e Place lighting to take into account vegetation, in its current and ❑ mature form, as well as any other element that may have the potential for blocking light. e Kitts Corner Multifamily City File No. TBD COFW Bulletin 4022 / February 6, 2013 Page 5 of 10 Section and ✓ Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy N Applicable during Site Plan Review e Applicable during Building Permit Review Avoid lighting of areas not intended for nighttime use to avoid giving a false impression of use or safety. If danger spots are usually vacant at night, avoid lighting them and close them off to pedestrians. e Select and light "safe routes" so that these become the focus of legitimate pedestrian activity after dark. ■ ❑ Avoid climbing opportunities by locating light standards and electrical equipment away from walls or low buildings. e ❑ Use photoelectric rather than time switches for exterior lighting. e In projects that will be used primarily by older people ❑ (retirement homes, congregate care facilities, senior and/ or community centers, etc.) provide higher levels of brightness in public/common areas. e Other strategy used: A Preiuninury Site Lighting Plan_ is included with the Site Plan Approval vackaze to demonstrate the comprehensive approach to providing adeuuate lighting for pedestrian routes and parking areas. This plan provides specific light fixture/lumivaire types and locations. Manufacturer information for each specific light type is included with this Ulan. A detailed illumination plan, details. and photometric calculations will he Drovided with the final building permit. 1.8 Mix of Uses _❑ Conforms In mixed use buildings increase opportunities for natural _❑Revise surveillance, while protecting privacy. —DNA Comments: Where allowed by city code, locate shops and businesses on lower floors and residences on upper floors. In this way, ❑ residents can observe the businesses after hours while the residences can be observed by the businesses during business hours. ■ ❑ Include food kiosks, restaurants, etc. within parks and parking structures. ■ Kitts Corner Multifamily City File No. TBD COFW Bulletin #022 / February 6, 2013 Page 6 of 10 Section and ✓ Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy ■ Applicable during Site Plan Review e Applicable during Building Permit Review Other strategy: used_ _ 1.9 Security Bars, Shutters, and Doors ❑Conforms When used and permitted by building and fire codes, security f-❑Revise bars, shutters, and doors should allow observation of the street ❑NA and be consistent with the architectural style of the building. Comments: Security bars and security doors should be visually permeable (see -through). e Other strategy used: Section and ✓ Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy in Applicable during Site Plan Review e Applicable during Building Permit Review Section 2.0 Access Control 2.1 Building Identification _❑Conforms Ensure buildings are clearly identified by street number to _❑Revise prevent unintended access and to assist persons trying to f nd _ ❑NA the building. Identification signs must conform to FWRC Comments: 19.140.060. Exempt Signs. ❑ Street numbers should be plainly visible and legible from the street or road fronting the property. e In residential uses, each individual unit should be clearly numbered. In multiple building complexes, each building entry ❑ should clearly state the unit numbers accessed from than entry. In addition, unit numbers should be provided on each level or floor. B Street numbers should be made of durable materials, ❑ preferably reflective or luminous, and unobstructed (e.g. by foliage). e Kitts Corner Multifamily City File No. TBD COFW Bulletin #022 / February 6, 2013 Page 7 of 10 Section and ✓ Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy ■ Applicable during Site Plan Review e Applicable during Building Permit Review For larger projects, provide location maps (fixed plaque ❑ format) and directional signage at public entry points and along internal public routes of travel. e Other strategy used: 2.2 Entrances _ ❑ Conforms Avoid confusion in locating building entrances. _ ❑Revise —DNA Comments: Entrances should be easily recognizable through design ✓ features and directional signage. (Signs must conform to FWRC 19.140.060. Exempt Signs. W ✓ Minimize the number of entry points. 1A ✓ Other strategy used: Building entries are byway of common, oven, and centralized breezeways. 2.3 Landscaping _Conforms Use vegetation as barriers to deter unauthorized access. ❑—Revise —DNA Comments: ❑ Consider using thorny plants as an effective barrier. e Other strategy used: El 2.4 Landscaping Location ❑Conforms Avoid placement of vegetation that would enable access to a _ ORevise building or to neighboring buildings. —DNA Comments: Avoid placement of large trees, garages, utility structures, ✓ fences, and gutters next to second story windows or balconies that could provide a means of access. ■ Kitts Corner Multifamily COFW Bulletin #022 / February 6, 2013 City File No. TBD Page 8 of 10 Section and ✓ Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy 1t Applicable during Site Plan Review e Applicable during Building Permit Review Other strategy used: 2.5 Security _ ❑ Conforms Reduce opportunities for unauthorized access (Revise _❑NA Comments: Consider the use of security hardware and/or human measures ❑ to reduce opportunities for unauthorized access. (Applicable during Certi icate oLQccuRancy Ins coon . Other strategy used: El 2.6 Signage ❑Conforms Insure that signage is clearly visible, easy to read and simple ^❑Revise to understand [Signs must conform to FWRC 19.140.060. —DNA Exempt Signs]. Comments: Use strong colors, standard symbols, and simple graphics for ❑ informational signs. e Upon entering the parking area, provide both pedestrians and For Surface ❑ drivers with a clear understanding of the direction to stairs, Parking and elevators, and exits. 6 Parking Structures ❑ In multi -level parking areas, use creative signage to distinguish between floors to enable users to easily locate their cars. e ❑ Advise users of security measures that are in place and where to find them, i.e. security phone or intercom system. e ❑ Provide signage in the parking area advising users to lock their cars. e ❑ Where exits are closed after hours, ensure this information is ` indicated at the parking area entrance. a Ij Kitts Corner Multifamily COFW Bulletin 4022 / February 6, 2013 City File No. TBD Page 9 of 10 Section and ✓ Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy ■ Applicable during Site Plan Review e Applicable during Building Permit Review Other strategy used:_ Section 3.0 Ownership 3.1 Maintenance ❑ Conforms ^❑Revise Create a "caredfor "image —❑NA Comments: Ensure that landscaping is well maintained, as per FWRC ✓ 19.125.090, in order to give an impression of ownership, care, and security. (Ongoing). Where possible, design multi -unit residential uses such that no ✓ more than six to eight units share a common building entrance. ■ Other strategy used: 3.2 Materials ❑ Conforms Use materials, which reduce the opportunityfor vandalism. _❑Revise —DNA Comments: Consider using strong, wear resistant laminate, impervious glazed ceramics, treated masonry products, stainless steel ❑ materials, anti -graffiti paints, and clear over sprays to reduce opportunities for vandalism. Avoid flat or porous finishes in areas where graffiti is likely to be a problem. 6 Where large walls are unavoidable, refer to FWRC 19.125.040(21) regarding the use of vegetative screens. 6 Common area and/or street furniture shall be made of long ❑ wearing vandal resistant materials and secured by sturdy anchor points, or removed after hours. e Other strategy used: Kitts Corner Multifamily City File No. TBD COFW Bulletin #022 / February 6, 2013 Page 10 of 10 PLAY AREA SUPPLEMENTAL DESIGN INFORMATION FOR RESUBMITTED FEB 0 7 2014 PRELIMINARY LANDSCAPING PLAN CITY OF FEDERAL WAY CDS KITTS CORNER MULTI -FAMILY FEDERAL WAY, WASHINGTON 6 January 2014 Information Compiled By: Talasaea Consultants, Inc. 15020 Bear Creek Road NE Woodinville, WA 98077 425-861-7550 Information Provided By: Little Tikes Commercial 1615 Airpark Drive Farmington, MO 63640 Greenfields Outdoor Fitness info@greenfieldsfitness.com The information provided herein is a supplement to the Kitts Corner Multi -Family Preliminary Landscaping Plan prepared by Talasaea Consultants, dated 6 January 2014. Note: The information provided herein is preliminary in nature and is intended to generally depict the type and layout of equipment for proposed play areas on the Kitts Corner Multi - Family project in order to meet FWRC 19.205.040 requirements for open space/play area design. Final play equipment type and layout is intended to be similar to what is depicted here, but may vary based on final design considerations. CONTENTS Figure 1. Open Space 1; Play Area 1 Figure 2. Open Space 1; Play Area 2 Figure 3. Open Space 4; Play Area 3 Figure 1 Open Space Area 1 Play Area 1 PI -AY AREA I PRELIMINARY IPE816N LAYOUT GRAPHIC, 5GALIw WRTH f 1N FEET ] 35 5 t0 51-ALE, 1'=5' I TALASAEA CONSULTANTS, INC. Resource & Environmental Planning 15020 Bear Creek Road Northeast Woodinville, Washington 98077 Bus (425)861-7550 — Fax (425)861-7549 BUILDER5 - PENDENT SWING Y #2002015i6 FIGURE #1 OPEN SPAGE I; PLAY AREA I KITT5 GORNER MULTIFAMILY FEDERAL HAY, HA5HIN6TON DESIGN I DRAWN AB5 SCALE A5 5HOHN DATE 2-6-2014 REVISED CQ Copyright - Talasaea Consultants, INC. Figure 2 Open Space Area 1 Play Area 2 PLA%r AREA 2 PREL I M I NARY PES I ON 4 LAYOUT GRAPHIC SCALE WATM IN FEET 5G/SLE: I"�f0' ) ONLY #200201514 DYB 611 #M0000g60 Q TALASAEA DCONSULTANTS, INC. Resource & Environmental Planning 15020 Bear Creek Road Northeast Woodinville, Washington 98077 Bus (425)B61-7550 — Fax (425)861-7549 F16URE #2 OPEN 5PAGE I; PLAY AREA 2 KITTS CORNER MULTIFAMILY FEDERAL WAY, HA5HIN6TON DESIGN I DRAWN I PROJECT AB5 1422 SCALE AS 5HOHN DATE 2-6-2014 REVISED Cg) Copyright — Talasaea Consultants, INC. Figure 3 Open Space Area 4 Play Area 3 �$ �/c F VOLLEYBALL/ BADMINTON ` PLAY AREA f . ° s _ _ �, ' fi• FALL -ZONE LIMIT LINE ti \ MULTI -USE OPEN`\ ° PLAY A A - i 4 LANN AREA \> 5URFAGI 1 oa l`- `1�,OGATIDN FOR i s i li M TI-IIURP05E C ,�------��� \�� •� F1�55 EG2UIPMENT s . C� s • S ' a /�/ \\—_^\ -- — —�� tie PIGNI s " 0- TABLE, TYP. • s I V 6REENFIELD5 4-PER50N LOWER PLAY AREA 3 PRELIMINARY DE916N LAYOUT SRAPHIC 5GALE NORTH ( IN FEET i � FIGURE #3 �^�EI° 1'_10' TALASAEA CONSULTANTS, INC. OPEN 5PAGE 4; PLAY AREA 5 Resource & Environmental Planning KITT5 CORNER MULTIFAMILY 15020 Bear Creek Road Northeast FEDERAL HAY, HA5HIN6 T ON Woodinville, Washington 98077 Bus (425)861-7550 — Fax (425)661-7549 GROUP PLAY 5TRUCTURE TRADITIONAL PLAY 5TRUCTURE I� b oa w b q 0 O s, en A m P. a .14 ro BODY COMBO j CQ 'r DESIGN DRAWN I PROJECT o ABS 11422 SCALE/y A5 5HOHN z DATE a 2-6-2014 %% � REVISED N Copyright - Talasaea Consultants, INC Kitts Corner Multifamily Site Plan Approval, Process III Environmental Checklist A. BACKGROUND 1. Name of proposed project, if applicable: RES U B M I TE D Kitts Corner Multifamily FEB 0 7 2014 1 _� }yL� 2. Name of applicant: Cam' OF FEDERAL WAY _+ �� CDS a DevCo., Inc. 3. Address and phone number of applicant and contact person: 11100 Main Street, Suite 301 Bellevue, WA 98004 Ph: (425) 453-9551 Contact: Mr. Tom Neubauer 4. Date checklist prepared: October 1, 2013 (original) February 6, 2014 (revised) 5. Agency requesting checklist: City of Federal Way 6. Proposed timing or schedule (including phasing, if applicable): The planned site development project proposes to begin clearing and grading in D j early 2014. Site work is expected to be completed Summer/Fall 2014. Building I", construction construction is planned to begin in Summer of 2014. Final occupancy and operations 1,,,.�1 � are planned for the end of 2014 or early 2015. VY 7. Do you have any plans for future additions, expansion, or further activity related to vl � 1 or connected with this proposal? If yes, explain. No. There are no plans to phase the project or develop future additions or expansions relative to this proposal. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Project -specific geotechnical, wetland, and traffic studies will be prepared with the separate and subsequent engineering permit applications. The existing wetlands and their associated buffers as shown on the attached site plan were established with previous entitlements and agreements with the City of Federal Way (AFN 9704211047, 9704221247, 9704211048, 9704211050). Other environmental documents were prepared in support of the previous master plan approval of the Federal Way Village Mixed Use project (City File No. 07- 100345-UP). Page 1 of 15 COFW Bulletin #050 /February 6, 2014 Kitts Corner Multifamily Site Plan Approval, Process III Environmental Checklist 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. No government approvals or other proposals directly affecting the property are known to be pending. 10. List any government approvals or permits that will be needed for your proposal, if known. g c j� City of Federal Way — Site/Project Approval (Process 111), Engineering/Clearing, Grading, and Utilities (EN); Building Permit; Demolition Permit; Forest Practice Permit; Right -of -Way Use Permit; Occupancy Permit; various trade permits Lakehaven Utility District — Utility Permit and Developer's Extension Agreement Washington State DOE — NPDES General Construction Storm Water Permit 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. The project proposes to develop the upland areas within the approximately 22.7-acre westerly portion of the Federal Way Village Mixed Use (FWV) project to provide 216 multifamily residential units with and private onsite recreation facility. The project will include paved driveway and parking areas, concrete sidewalks, and interior landscape areas adjacent to the native wetland buffers and fully -developed neighboring properties. 15 individual buildings ranging from 2-unit carriages to 24-unit stacked -flat style structures create the 216 residential units. The onsite recreation building is approximately 3,600 square feet and typically includes a basketball court, a swimming pool, weight/workout rooms, and other similar amenities for the residents of the community. 365 surface parking stalls have been identified for use by the residents. The primary access to the site is provided at a new commercial driveway at the northerly frontage along South 336`h Street, east of the intersection of 13`h Place South. A secondary access is proposed from Pacific Highway south at an existing commercial driveway approach that will connect to the site by means of a new interim roadway. This westerly portion of the FWV site where the multifamily project is proposed is currently undeveloped with forest, scrub brush, and other natural cover. The existing vegetation in the upland area where development is proposed will be removed with this project. Frontage roadway improvements at South 3Wh Street are also proposed to install a new commercial driveway access and remove an existing road intersection. The plans and details accompanying this checklist provide additional information on the project scope. 12. Location of the proposal. Give sufficient information for a person to understand the precise Page 2 of 15 COFW Bulletin #050 /February 6, 2014 Kitts Corner Multifamily Site Plan Approval, Process III Environmental Checklist location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The project site occupies an area within the approximately 22.9 acre westerly portion of the FWV site which is located at the southwest corner of the intersection of South 336th Street and SR-99 (Pacific Highway South) as shown in the accompanying plans, detail sheets, and other supporting technical documents. B. ENVIRONMENTAL ELEMENTS EARTH a. General description of the site (circle one): flat, z-al�, hilly, steep iI/ slopes, mountainous, other. b. What is the steepest slope on the site (approximate percent slope)? Existing grades of the site are relatively flat or rolling over most of the developable areas. The steepest slopes occur at the transition area along the southerly right-of- way of South 336th Street and portions of the buffer area in the southern reaches of the site. These "steep" slope areas range from approximately 24% to 33%. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, mulch)? If you know the classification of agricultural soils, specify them and note any prime farmland. 0� ,V� ok The developable area of the site is underlain by Everett-Alderwood gravelly sandy loams 0 to 6 percent slopes (EwC) per the NRCS soils map for the King County V Area, Washington. A site -specific geotechnical study will be completed for the project with subsequent permit applications. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. f There were no surface indications or history of unstable soils on the site or in the immediate vicinity. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Filling and grading will occur on the site to bring it to the elevations necessary to support the proposed multifamily buildings with pedestrian routes meeting ADA standards. Preliminary design analyses indicate that the project will require import of soil material to complete the finished site grades. Earthwork estimates for the site COFW Bulletin #050 /February 6, 2014 Page 3 of 15 Kitts Corner Multifamily Site Plan Approval, Process III Environmental Checklist indicate approximately 10,000cy of cut and 20,000cy of fill, for a net import (fill) of 8,000cy. Any fill will be imported from a local commercial source. Any exported soil materials, be they suitable structural, topsoil, or unsuitable materials are expected to be exported to an offsite commercial pit. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Localized erosion could occur during clearing and construction activities. Erosion is not likely with the completed project due to site coverage and permanent drainage controls. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Approximately 40% of the site will be covered with impervious surfaces with the completed project. These surfaces will consist primarily of asphalt and concrete pavements, and building roof areas. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any. Temporary erosion control BMPs including, but not limited to, silt fence, inlet protection, interceptor swales, and sediment ponds or temporary tanks will be maintained during construction to limit potential erosion. Water trucks will be used to control dust during dry periods. Construction activities will be limited to construction hours allowed by current City of Federal Way zoning rules and Development Standards. 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Typical vehicular emissions will result from local residential traffic under developed site r conditions. Temporary exhaust emissions will occur along with some noise increase from equipment during construction. Soil dust emissions may result from construction operations during dry weather conditions. Approximate quantities are not known. b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. No offsite sources of emissions or odor that may affect this proposal are known. c. Proposed measures to reduce or control emissions or other impacts to air, if any. Construction activities will be limited to established City of Federal Way standard work hours to reduce or control emissions, noise, and other impacts to air. Water trucks or similar Page 4 of 15 COFW Bulletin #050 /February 6, 2014 Kitts Corner Multifamily Site Plan Approval, Process III Environmental Checklist methods will be used to limit arrant dust from the site during construction. 3. WATER a. Surface. 1) Is there any surface water body on or in the immediate vicinity of the site (including year- round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names_ If appropriate, state what stream or river it flows into. Two large wetland complexes jWetland 1 and 2) are located at the perimeters of the 9� project site. Overflows from these complexes drain southerly through a mostly forested channel toward a regional storm water facility immediately south of the site. The limits of these wetlands and buffers were established with previous project. 2) Will the project require any work over, in, or adj acent to (within 200 feet) the described waters? If yes, please describe and attach available plans. There is an existing earthen berm between the southerly terminus of Wetland 2 and the regional storm water facility. Roadway improvements are proposed over this berm in addition to required storm drainage, sanitary sewer, and water extensions for the project. The project also proposes to connect an existing sanitary sewer manhole near tie central portion of the site, and that connection will likely occur within the outer 1 edge of Wetland 2 as shown on the attached conceptual utility plan. The limits of the \� `f 'te development —grading, paving, storm drainage, etc. —are proposed within 100 feet rd of onsite Wetland 1 and Wetland 2. Soft surface trails are planned as a recreation feature within the outer portions of the onsite wetland buffers. (6 r 3) Estimate the amount of fill and dredge material that would be placed in or removed from �1��� surface water or wetlands and indicate the area of the site that would be affected. 9 Indicate the source of fill material. None. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No surface water withdrawals or diversion are proposed or required for the project. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. The project proposes no work within a 100-year flood plain. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. Page 5 of 15 COFW Bulletin #050 /February 6, 2014 Kitts Corner Multifamily Site Plan Approval, Process III Environmental Checklist The project proposes no discharge of waste materials to surface waters. b. Ground. 1) Will ground water be withdrawn, or will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. No ground water will be withdrawn or discharged to groundwater with the proposed ` project. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. t No waste material will be discharged into the ground from septic tanks or other sources as part of this project. c. Water Runoff (including stormwater) 1) Describe the source of runoff (including stormwater) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? 1f so, describe. Storm water runoff will occur from the improved areas of the site. This runoff will be collected by a series of catch basin inlets in the onsite parking lot areas. The catch basins will be connected by underground pipes that provide a controlled conveyance of storm water to an ultimate outfall at the regional storm water facility immediately south of the project site. This regional storm drainage facility has been designed to accommodate the necessary flow control (i.e., detention) requirements for the project site at full build out per previous project vesting agreements. The available treatment capacity of this existing, offsite treatment facility is not known. As such, it is currently anticipated that storm water runoff from pollution generating impervious and pervious areas of the site will require water quality treatment to current City of Federal Way standards prior to discharge to the regional detention facility. In either case, the final engineering design of the project's storm water system will include provisions for water quality treatment in accordance to current City of Federal Way standards or those of previously vested agreements. Building roofs are considered "clean water" sources per current City of Federal Way surface water standards. It is anticipated that many of the building roofs from the project will outfall to rock pads, dispersion trenches, or similar facilities at the edges of the onsite wetland buffers. This low impact development method of storm water control will aid in maintaining hydrology to the wetlands and limit the necessary Page 6 of 15 COFW Bulletin #050 /February 6, 2014 Kitts Corner Multifamily Site Plan Approval, Process III _ Environmental Checklist capacity of the constructed storm drainage conveyance facilities for the project. 2) Could waste materials enter ground or surface waters? If so, generally describe. No waste materials will enter ground or surface waters as a result of the proposed project. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any. An existing regional storm water pond located immediately adjacent to the southern limits of the site will serve to control increased storm water runoff rates and volumes from the developed project site. Water quality of storm water runoff from project areas will be provided by a combination of natural filtration by the wetland buffer areas and mechanical filtration by pre -manufactured systems, constructed biofiltration swales, or similar type facilities. These storm water controls will mitigate potential runoff water impacts in accordance with surface water management and development standards for the project. 4. PLANTS a. Check or circle types of vegetation found on the site. X deciduous tree: alder, maple, aspen, other X evergreen tree: fir, cedar, pine, other , X shrubs X grass _pasture crop or grain X wet sail plants: cattail, buttercup, bulrush, skunk cabbage, other _water plant: water lily, eelgrass, milfoil, other X other types of vegetation b. What kind and amount of vegetation will be removed or altered? Mature trees, shrubs, grasses, and other landscaping will be removed from the site with / the project. c. List threatened or endangered species known to be on or near the site. No known threatened or endangered plant species or critical habitat is on or near the site. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any. The design of developed landscape and improved open space areas will make use of native and drought tolerant plant where practical. The large onsite wetland buffers will remain mostly undisturbed with the project which will preserve a significant amount of native vegetation on the site. Page 7 of 15 COFW Bulletin #050 /February 6, 2014 Kitts Corner Multifamily Site Plan Approval, Process III Environmental Checklist 5. ANIMALS a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site. birds: hawk, heron, eagle, snci{shiU ti, other mammals: deer, bear, elk, beaver, other fish: bass, salmon, trout, herring, shellfish, other b. List any threatened or endangered species known to be on or near the site. No threatened or endangered species are known to be on or near the site. c. Is the site part of a migration route? If so, explain. The site is not known to be part of a migration route. �f d. Proposed measures to preserve or enhance wildlife, if any. A large (100-foot wide), heavily vegetated wetland buffer area will remain along the west and east boundaries of the site. No additional special measures are proposed or believed to be necessary to preserve or enhance wildlife areas. 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. The project will extend existing electrical power and communication distribution systems to serve the proposed residential units. Natural gas service and electrical sources are % expected to be provided to the project from existing sources at South 336`h Street and SR- 99 by existing or proposed public utility easements. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. The proposed project would not affect the potential use of solar energy by adjacent properties. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any. The residential portion of the project will meet Evergreen Sustainable Development standards, which includes energy savings modeling to show a minimum of 15% above COFW Bulletin #050 /February 6, 2014 Page 8 of 15 Or 7 Kitts Corner Multifamily Site Plan Approval, Process III Environmental Checklist the current Washington State Energy Code standard. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe. Local fuel spills are possible from equipment during construction activities for the project. No other environmental health hazards are known or expected to result from the planned development. 1) Describe special emergency services that might be required. No special emergency services are required for the project proposal. 2) Proposed measures to reduce or control environmental health hazards, if any. A Storm Water Pollution Prevention and Spill Control Plan (SWPPSCP) will be prepared with the final engineering permit and construction documents for the project as required by local and Department of Ecology standards. The SWPPPSCP will include specific measures for addressing construction equipment fuel or other lubricant spills, which will include maintaining absorbent blankets or sands to contain potential spills. b. Noise. 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment operation, other)? Road/vehicle noise from South 336th Street and SR-99 exists in the area and will likely affect the built project. Existing light industrial and commercial business in the adjacent Commercial Enterprise (CE) zone may produce noticeable noise during business hours from truck traffic and some manufacturing operations. 2) What types and levels of noise would be created by or associated with the project on a short-term or long-term basis (for example: traffic, construction operation, other)? Indicate what hours noise would come from the site. Typical sounds and sound levels associated with individual passenger cars will occur with the project. Temporary noise level increases will result from equipment f during construction activities. Construction activities will be limited to established City of Federal Way standards. 3) Proposed measures to reduce or control noise impacts, if any. Construction activities will be limited to established City of Federal Way standard work hours to reduce or control equipment emissions and noise. 8. LAND AND SHORELINE USE COFW Bulletin #050 /February 6, 2014 Page 9 of 15 Kitts Corner Multifamily Site Plan Approval, Process III Environmental Checklist a. What is the current use of the site and adjacent properties? The site is currently vacant. Adjacent properties are a mixture of fully -developed 1Z commercial sites that include industrial/warehousing, age -restricted multifamily, and general commercial. b. Has the site been used for agriculture? If so, describe. The site has not been used for agriculture in recent years and it is unknown to what extent, if any, it was used for agriculture historically. c. Describe any structures on the site. There are no permanent structures on the project site. d. Will any structures be demolished? If so, what? W' No permanent structures will be demolished with the project. e. What is the current zoning classification of the site? , r l i The current site is zoned RM-2400 Multifamily. f. What is the current comprehensive plan designation of the site? The current comprehensive plan designation is Multifamily. g. If applicable, what is the current shoreline master program designation of the site? ` IX Unknown. I" h. Has any part of the site been classified as an environmentally critical area? If so, specify. Yes. Two large onsite wetlands and associated buffers occupy the westerly and easterly limits of the site. The boundaries of these were established with previous delineations and legal settlement agreements. i. Approximately how many people would reside or work in the completed project? Approximately 774 people would reside in the proposed multifamily units. j. Approximately how many people would the completed project displace? r)D 55 \"'u o Ske. None. k. Proposed measures to avoid or reduce displacement impacts, if any. None required. CO Page 10 of 15 COFW Bulletin #050 /February 6, 2014 Kitts Corner Multifamily Site Plan Approval, Process III Environmental Checklist 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any. The project complies with existing and projected land uses and plans as described by the Comprehensive Plan for City of Federal Way. As such, no special mitigation measures are proposed or required. 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low- income housing. The project proposes at least 218 middle- to low-income housing units.-7 0 r2 b. Approximately how many units, if any, would be eliminated? Indicate whether high, (� • v middle, or low-income housing. No existing residential units would be eliminated with the project. c. Proposed measures to reduce or control housing impacts, if any. No special measures are proposed or expected to be necessary to control housing impacts. 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? The maximum height of the tallest multifamily building is approximately 30 feet, measured in accordance with City of Federal Way zoning standards. The principal exterior building material will likely be a manufactured material such as Hard! plank or vinyl. b. What views in the immediate vicinity would be altered or obstructed? The surrounding neighbors have a view of mature vegetation at the perimeter of the property. Most of the vegetation at the perimeter, with the exception of the most southerly and westerly boundary, will remain. The project would alter the existing views with the construction of 2 or 3 story residential buildings at the interior of the site and along the southerly frontage of South 336th Street. The finished grade of the site is expected to be near existing elevations and relatively flat, but slightly lower than South 336th Street. c. Proposed measures to reduce or control aesthetic impacts, if any. Landscaping in accordance with City of Federal Way development standards is proposed to improve the appearance of the project. Page I of 15 COFW Bulletin #050 /February 6, 2014 Kitts Corner Multifamily Site Plan Approval, Process III Environmental Checklist 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Typical exterior and interior light will be visible from the occupied onsite structures. The parking lots will also have lighting. This increased lighting would be most visible (i.e., most often occur) from dusk to early morning. b. Could light or glare from the finished project be a safety hazard or interfere with views? Light or glare from the finished project will not be a safety hazard or interfere with views. v c. What existing off -site sources of light or glare may affect your proposal? No existing offsite sources of light or glare will affect the current project proposal. d. Proposed measures to reduce or control light and glare impacts, if any. / Site lighting fixtures will be full cut-off or a shielded type per current and applicable City of Federal Way Municipal Code requirements. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? Various local parks, public open space, including trails, are located west of the site. Several of these occur in the vicinity of the Puget Sound which is located within 3 miles of the site. Onsite recreation facilities are also proposed for use by the residents of the multifamily units. b. Would the proposed displace any existing recreational uses? If so, describe. No existing recreational uses will be displaced by the project. C. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any. The project proposes to provide an onsite recreation facility for use by the residents of the / multifamily units. This facility typically includes indoor sport court, swimming pool and spa, exercise facilities, and other similar amenities. Several outdoor recreation spaces will also be provided onsite in accordance with City of Federal Way development standards. Soft surface trails and other passive uses of the existing onsite wetland buffers are likely improvements/amenities of the project. COFW Bulletin #050 /February 6, 2014 Page 12 of 15 Kitts Corner Multifamily Site Plan Approval, Process III Environmental Checklist 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, nation, state, or local preservation registers known to be on or next to the site? If so, generally describe. There are no known places or objects on or next to the site that are listed on or proposed for listing on national; state, or local preservation registers. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. There are no known landmarks or evidence of historic, archaeological, scientific, or cultural importance on or next to the site. c. Proposed measures to reduce or control impacts, if any. No special measures are proposed or expected to be required to reduce impacts to historic or cultural resources. 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. The site is fronted by South 336th Street along its north boundary. Existing gravel roads and proposed paved interim roads provide access to 5R-99 east of the site. A single private driveway approach from South 336th Street is proposed as the primary entry of the to the site. An interim roadway with sidewalk one side is proposed as a secondary vehicular and pedestrian access from Pacific Highway (SR99). b. Is the site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? The site is currently served by public transit. Existing transit stops are located at the south side of South 336th Street adjacent to the site and at the west side of SR-99. c. How many parking spaces would the completed project have? How many would the project eliminate? The project proposes approximately 365new private parking spaces onsite and no existing parking spaces would be eliminated. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? if so, generally describe (indicate whether public or private). Frontage improvements at South 336th Street were completed with previous projects. No additional new road improvements are expected to be necessary. Page 13 of 15 COFW Bulletin 4050 /February 6, 2014 Kitts Corner Multifamily Site Plan Approval, Process III Environmental Checklist e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. The project site is located approximately 10 miles south of SeaTac International Airport. ci The site is within 7 miles of the Amtrak train station in Tacoma. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. The project will generate approximately 1,440 new vehicular trips per day. New peak AM tl and PM trips for the project are estimated to be 100 and 126 per day respectively. g. Proposed measures to reduce or control transportation impacts, if any. Payment of traffic impact fees are proposed. No additional measures to reduce or control / transportation impacts are proposed or expected to be necessary for the project. 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. The project will increase population within existing fire, police, health care, and V school service areas with the addition of approximately 218 multifamily residential units. b. Proposed measures to reduce or control direct impacts on public services, if any. Mitigation fees as allowed by current City of Federal Way Municipal Code are proposed to be paid with the construction or initial occupancy of the multifamily residential units to offset impacts on public services. 16. UTILITIES a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other (please list) Natural Gas - Puget Sound Energy Electricity — Puget Sound Energy Water and Wastewater — Lakehaven Water and Sewer District Communication/TV - Centurylink, Verizon/Frontier Comm., Comcast b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. COFW Bulletin #050 /February 6, 2014 Page 14 of 15 Kitts Corner Multifamily Site Plan Approval, Process III Environmental Checklist Each of the utilities purveyors listed in 16(a.) are prospective service providers for the project. Existing services in the vicinity of the project site will be extended for service. This extension will involve trenching and backfill efforts for each of the utilities. C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. COFW Bulletin #050 /February 6, 2014 Page 15 of 15 A Development Plan for Village at Federal Way Village at Federal Way Development Plan Contents Introduction..........................................................................................1 A. Purpose B. Intent C. Application of Design Guidelines D. Interpreting the Design Guidelines E. Review Process DevelopmentConcept............................................................................2 A. Sense of Place B. Theme C. Neighborhood Focal Points SiteConfiguration..................................................................................4 ■ Site Sections ■ 3361h Street Cross Section . Residential Road Cross Section ■ Commercial Road Cross Section SitePlanning - Residential.....................................................................10 A. Open Space and Community Greens SitePlanning - Commercial....................................................................10 A. Public Open Space B. Building Orientation - Commercial Phase Architectural/Building Design - Commercial Phase......................................20 A. Architectural Concept- Commercial B. Human/Pedestrian Scale C. Architectural Elements SiteAmenities/Landscape Planting...........................................................25 Architectural/Building Design - Residential...............................................30 A. Architectural Concept- Residential B. Human/Pedestrian Scale C. Architectural Elements SiteAmenities/Landscape Planting..........................................................36 Master Plan Development • Village at Federal Way Introduction A. Purpose The application of these design guidelines will be a critical regulatory tool in implementing the community's design -related goals and objectives for the renamed Village at Federal Way; the former name Kitt's Corner. B. Intent These guidelines are directed to creating a development within the Village at Federal Way that: • Provides a visible and accessible commercial and civic town focus for the City of Federal Way. • Enhances circulation for pedestrians and vehicles. • Connects and integrates other activities. • Features a spectrum of public open spaces and amenities. • Includes a mix of commercial, recreational and residential activities • Accommodates retail development of various scale • Enhances the town's identity as a regional attraction. C. Application of Design Guidelines The design guidelines apply to all new construction in the Village at Federal Way. The sole exception involves interior remodels. The guidelines are intended to supplement the other standards in the Federal Way Municipal Code (Including but not limited to: Chapter 22, Article Xl - District Regulations, Article XV - Off Street Parking, Article XVII - Landscaping, Article XVlll - Signs, and Article X1X - Community Design Guidelines.) Where the guidelines and zoning ordinance standards conflict the City shall determine which regulation applies. D. Interpreting the Design Guidelines The City retains full authority to determine whether or not a proposal meets these guidelines. Within the guidelines, certain words are used to indicate the relative importance and priority the City places upon the particular guideline. The words "shall," "must," and "is/are required" mean that the development proposal must comply with the guideline unless the City finds that: • The guideline or requirement is not applicable or appropriate in the particular instance, or • The development proposal meets the intent of the guidelines in some other manner. The word "should" means that the development proposal will comply with the guideline unless the City finds that: • The guideline or requirement is not applicable or appropriate in the particular instance, • The development proposal meets the intent of the guidelines in some other manner, or there is a compelling reason to the contrary. The words "is/are encouraged" mean that the action or characteristic is allowed and will usually be viewed as a positive element in the City's review. The project proponent may submit proposals that he/she feels meet the intent of the guidelines but not necessarily the specifics of one or more guidelines. In this case, the City will determine if the intent of the guideline has been met. E. Review Process The following guidelines will be used, along with other City ordinances and regulations, for the City's review of one or more proposed binding site plans and subsequent development proposals on the site. If more than one binding site plan is submitted (or if the site plan only applies to part of the development area), then the site plan shall indicate how the proposal will connect to adjacent properties/parcels to be developed later. The means of pedestrian and vehicular circulation, as well as building and entry orientation, must be as approved by the City in accordance with the design guidelines as applied to the entire area of applicability. Master Plan Development • Village at Federal Way Development Concept Sense of Place The National Trust for Historic Preservation describes a sense of place as: "Those things that add up to a feeling that a community is a special place, distinct from anywhere else"l It is something developed, as Kent Ryden describes, "gradually and unconsciously from inhabiting a landscape over time, becoming familiar with its physical properties, accruing history within its confines."z A developer's ability to influence the intimate relationships that individuals will form with their neighborhood is, at best, limited. However, through design, it may be possible to produce neighborhoods that exhibit "compatibility and harmony.' Through design, a developer can create a community that is "distinct from anywhere else." Federal Way Village occupies a unique position in the ongoing development of this region. It will be, not to put too fine a point on it, by definition, "distinct" from much of what has come before. overall Federal Way Village's compact form, integration and pedestrian orientation will mark a significant shift from the up to this point norm of neighborhood design. Much is made of the neo-traditional neighborhood as a method of "community building". This feat is impossible to ensure. Professor Emily Talen, Assistant Professor of Urban and Regional Planning at the University of Illinois. Urbana -Champaign, says that the core values behind neo-traditionai design are "environmental and spatial in nature: living more compactly, and reducing land consumption, thereby decreasing dependence o the automobile." To the best of its ability, Federal Way Village reflects this particular spirit. It features a network of interlinked streets that lead to amenities like shopping and play all obtainable, easily and safely, without the use of a car. The rest will come in organic process of time. 1. Stokes, s. M., Watson, A. E. and Mastran, S.S. (1997). Saving America's Countryside: A Guide to Rural Conservation (2nd ed.). Baltimore; lohns Hopkins University Press:192. 2. Ryden, K.C. (1993). Mapping the Invisible Landscape. Iowa City: University of Iowa Press: 38. Theme Recreating the "essence" of the town square reminiscent of the early last century is the primary design intent for Village at Federal Way. Varied shop fronts capped with awnings show -casing the day's merchandise; safe pedestrian scaled walk -ways meandering through the buildings allowing folks to walk to the retail section of their neighborhood: areas distant from the parking lots For gathering of several generations of neighbors to discuss the week's events are all characteristics encompassing the design and site planning. A culmination of these ideals from the past joined with the regional architecture of today will suite the development well. Although the center is developed for the convenience of the immediate region, it also supports a larger area of the community. The community commercial portion of Village at Federal Way has more of an automobile orientation than that of a localized neighborhood commercial development. A mixture of uses range from a market and junior anchors sized appropriately to meet the needs of the community to smaller shops providing daily needs. Drive-thru facilities are part of today's needs and are key elements to the success of the development, Particular care will be given to the placement and design of these facilities to minimize the unwanted appearance often associated with drive-thru elements. Neighborhood Focal Points The concept of a village center is to spring into being a self-sustaining community, mirroring those that formed gradually prior to the widespread adoption of the automobile. Here the Village at Federal Way offers several strata, hierarchical zones, which span from highly structured, people adapted to untouched and minimally managed. The human centric and highly structured commercial core will be a major draw for the community at large as well as the community within. It will offer retail shops and anchors and allow for the addition of such gathering places as cafes, coffee houses or bakeries. At the same time, professional services and Master Plan Development • Village at Federal Way other businesses can be integrated within employing and providing for the populace living nearby or in the residential portion of the mixed -use development. At the other end of the spectrum, its central core is over three acres of minimally managed open space and wetlands. This will be a mostly unstructured natural space. The addition of trails and other amenities, like viewing benches or tables, will make this a place to take a walk or to sit and listen to the birds while taking in territorial views. Balanced between these in the hierarchy will be structured green spaces, providing a balance amid natural and human design. The planning objectives for the Village at Federal Way calls for the creation of a pedestrian -friendly center that serves as a community focus, providing public open space and amenities, and accommodates a broad range of commercial and civic activities. The development should build a unique, high -quality identity. The planning concept outlined in this section translates these objectives into the physical design principles described and illustrated below. A. Connect the center's uses and activities with 4• SIV `'�� a network of pedestrian ` connections and '= i?er extend those 1..' Fk ,: w Y X connections to they',�A. north of South 336`h Street, to the west _. ---z i. :{ S'� 3�*•�° ••� toward the residential �• ��. �ir'r . i site; to the east toward Pacific Highway South = - - _.� : ��. J. � .i•P • '�� _ - z- ��j r'� �• (SR-99), and southward to the existing ���� - -- _-{. ff:►, development. Provide convenient access from parking to building entries, open spaces, and primary pedestrian connections. B. Provide vehicular, bicycle, and pedestrian access around the site by constructing a north/south connector street roughly bisecting the site to the southeastern corner. Provide parking access where convenient and safe along perimeter streets. Construct sidewalks and bicycle paths along the site's perimeter and install heavy landscaping to create attractive streetscapes. C. Identify a development configuration that allows for small and large retail businesses, public and recreational areas, and some upper -story residences. Provide adequate service access for large businesses and minimize their impact on visual qualities and pedestrians. D. Ensure that the activities and buildings are pedestrian -friendly by providing amenities and landscaping, weather protection, "transparent facades," and human -scaled building elements. Provide main entrances facing primary pedestrian connections or open spaces. E. Create an assemblage of buildings with an intimately scaled and informal architectural character. Locate, cluster, and architecturally treat large buildings to ensure that they do not dominate the area's identity. Through the architectural, landscape, open space, and gateway elements, create an identity unique within the region that reflects Federal Way's town character. F. Provide residential uses on upper stories near the wetland areas in order to increase housing choices in Federal Way, to enhance safety and security of open spaces, and to provide day-to-day patrons for businesses. Master Plan Development • Village at Federal Way .1 46 There are several features that make a potentially ground -breaking development in this state. Responsiveness to the City's goals includes: • Focusing development on a focal plaza and open green space. • Making pedestrian connections to neighboring areas. • Including residences on upper stories. • Creating a small-scale, informal architectural character and minimizing the impacts of large-scale businesses. These elements distinguish the envelopment from others in the region, while increasing a sense of community, attracting visitors, and enhancing the viability of other businesses in the area. The design guidelines in this report codify these concepts and enable the City to work with potential developers to make sure the principles are achieved. Site Configuration General Layout Federal Way Village will have a modified grid structure of interconnected streets and alleys. Pedestrian walks and trails will allow for safe egress throughout the community. Blocks of buildings will generally be rectangular in nature, though some will have broad curving aspects due to the unusual shape of the defining boundaries of the village center along the wetlands. Lots will be varied in shape and size, and several housing types will be offered throughout the residential and commercial portions of the development. Human scaling will be evident everywhere. The front porch or shop entry shall be either immediately adjacent to, or connected with a pedestrian pathway to the sidewalk. Many of the village center's focal points will be in easy walking or biking distance from everywhere within. Master Plan Development • Village at Federal Way i VIA Site Plan Graphic Site Plan r' � r r rrr rr r.rrty r I.. r . i 3� r. • rir . �—_ �' Yam:., � rr+, ' , rr r' r � rrr � ri • � r I � rr • � rr` `� er- _ r C � • r r rr •. r � r } r � I }I; �.i4 —1 I%e Ir r r �� ��,.r.a r r r r 1�[r ' !•, 1.� �� r J r,- -t r_-r �r•-j�+ar=ar�rx..W:'.� Master Plan Development • Village at Federal Way Site Sections A. Residential Road Cross Sections: El 60' RESIDENTIAL STREET {L 3D' I2 PAVEMENT 12' 4 I 1 3' S' 4' B' IUM, SDWK IPLNTR PARKING I DRIVING LANE I DRIVING VANE , PARKING PLYTR SDWK i}TVL' 2.0%- CEMENT CONCRETE VERTICAL CURB AND SECTION S - MINOR COLLECTOR 2 LANES + F RKING NOT TO SCALE LJ z4' O 3' 5' 4' 9 2' ,UTIL. SOWK 'LNTR DRIVING LANE 54' RESIDENTIAL STREET sn' PAVEMENT DRIVING LANE I PARKING 2.0% CEMENT CONCRETE VERTICAL CURB AND GUT7ER .NTR, SDWK ,UTILI REVISED SECTION S - MINOR COLLECTOR 2 LAMES + PARKING JONE SIDE NOT TO SCALE G Master Plan Development • Village at Federal Way E RESIDENTIAL STREET 6 28' ZS' 32' 12 I PAVEMENT 12' 1 � ft ISOWK PLNTR PAKING , DRIVING LN DRIVING LN PARKING pLNTR SOWK%tU3'LI n s 0.5' 11 I IJ I 2.0r. CEMENT CONCRETE VERTICAL CURB AND SECTION U - LOCAL. 2 LANES + PARKING NOT TO SCALE 4D' R/vr F v RESIDENTIAL STREET �• PAVEMENT I 12 I I 4. g• B• 1fl' a' S' 3' I "PuiTri� PARKING , DRIVING LN 1 ORMISIG LN PLNTRI SDWK IUTILI n a• I 1 0.5 CEMENT CONCRETE VERTICAL CURB AND REVISED SECTION U - LOCAL 2 LANE + PARKING (O«E' SIDE) NOT TO SCALE 7 Master Plan Development • Village at Federal Way Ix 48, R� RESIDENTIAL STREET 1 24' 2v I 12' , PAVEMENT 12' I J' 5' 4' 12 I 12' 4' S' 3' DAM1 UTILI SDWK IPLNTR DRIVING LANE mG LA>iE PL!N R, SOWK IuTIL CEMENT CONCRETE VERTICAL CURB AND REVISED SECTION U - LOCAL 2 LANES - NO PARKING NOT TO SCALE c'1 1 42 RESIDENTIAL STREET R/' 21' 21' 24` 9' I PAVEMENT 9' i I ' 1 3• �• 1 12' 12' �3' i IUTIL, SDWK I I DRIVING LANE I _ DRIVING- LANE Sb1IU;IL� 0.51 CEMENT CONCRETE VERTICAL CURB AND CUTTER—/ REVISED SECTION U - LOCAL 2 L6NES - NO PARKING NOT TO SCALE 8 Master Plan Development - Village at Federal Way B. Commercial Road Cross Sections 13 77 24' PAVEMENT it 041� LANE UMW4 LANE PLANTER _110EWALK f, ANTES D.qV CuqB AND GUtTtR R1 - REVISED SECTION R 2 LANES - NO ENSKIN NOT TO SCALE F07 5. 4v P.AvWENT SIDEWAUK PAW - DRUING LANE DRW4 LANE STREET TREESM `4f i i C;Rmrs OOLi ARDS 1 (10' O-C.) fff K—'U I FLUS�i CURB R2 - REVISED SECTION - R 2LANLS --R�R-6�-G -Q'0-T-H---- SIDES Master Plan Development • Village at Federal Way C. 336`h Road Cross Section " . V. L` 0 4 LANES + MEDIAN ),, I I 11' 6' 12' Left Turn i 16'—­i-----12'--- l Median here LT not needed) Site Planning - Residential 6 4' 98, 12' 68' 3'� plonl•r Sidewalk Vlif. SECTION E A. Open Space and Community Greens The community lawns are randomly sprinkled throughout the residential development, serving as visual relief along the street through varied setbacks of the buildings and a general opening up space. By combining several small adjoining lawns into a single larger common lawn, the space becomes more useful, allowing greater opportunities for open play or gatherings. The unstructured open space, consisting of wetlands and their buffer will be readily accessible via trails and available for use by the entire population. The development must be based on a City -approved site plan addressing the following principles. If more than one site plan is submitted (or if the site plan only applies to part of the development area), then the site plan shall indicate how the proposal will connect to adjacent properties/parcels to be developed later. The means of pedestrian and vehicular circulation, as well as building and entry orientation, must be as approved by the City in accordance with the design guidelines as applied to the entire area of applicability as stated in the guidelines. Site Planning.- Commercial A. Public Open Space Intent: Commercial and Residential • To provide a variety of open spaces attracting people to the area. • To provide a focal open space that functions as a community gathering space. • To provide a "park -like" character between the residential and commercial portions. • To provide an attractive pedestrian environment. In Master Plan Development • Village at Federal Way • To provide outdoor spaces for relaxing, eating, socializing, and recreating. 1. Connects the following activities with an integrated pedestrian network: • To the Southeast: Pacific Highway South sidewalk. • To the North: South 336`h Street • To the West: residential development. 2. Creates a focus of retail and recreational uses at the core of the lot. (See Public Open Space and Land Use guidelines). 3. Provides a set of open spaces along the pedestrian network that include a focal plaza, and other smaller open spaces to enhance the retail environment. (See Public Open Space guidelines.) 4. Includes a public road running north/south ["main street") bisecting the lot that, along with South 336`h Street and Pacific Highway South, creates a loop system around the commercial development. Parking for the facility should be accessed from this loop system and not intrude into the center of the site of detract from the activities or qualities of the development. (See Parking Area guidelines and Circulation Guidelines). 5. Locates and treats large buildings to reduce their perceived scale to fit with neighboring structures and present an inviting, human scaled, pedestrian oriented character to the public. (See Architectural/Building Design guidelines.) Gateway features and a safe walking connection must be provided at these points. The City will pursue potential roadway connections, a signaled intersection, at the extended and aligned intersection of 13`h PI South and South 336 Street in order to provide better access to the site and neighboring properties and to reduce congestion on the highway. If such an access is identified prior to development, an internal pedestrian connection must be provided to the south as well. I.=............ ............w-- .... .......... ..=.___."__..-�ii, i► I � 0.0 KEY VENk'i1iAR.§tA3'K li�ta�L`LN3tTF ❑ ` ' RE �. IESNOiSi 2ESICGIFtFG W10.�X'IGi i� � + �� �(�Qq FEG)E4TAaRN3KAFI IC. � 2i� ` f K• [fiMC:5:AR13vG + SyJ/ . � I i �i Master Plan Development • Village at Federal Way 1. Focal Plaza Guidelines: 1. Area should be no less than south 336th street inglad���s 5,000 square feet (generally ;ndeMar;voIli" grates large enough for a gathering of at least 500 people).'. _ accorasMa wl 2. The plaza should be able to -Waterlpobpm serve as a center for daily �i activity —the most significant space and emphasis as the heart of the development. rest 0 3. Paving should be unit -pavers or rr � P concrete with special texture, ti ad a _ (t3 pattern, and/or decorative features. 4. Pedestrian amenities shall be provided such as seating, ._. plants, drinking fountains,};valwiaidsfr C Kest U artwork, and such focal points as sculpture or water feature. °ishC°'_ _ Pad V rwiffium 6D nr9 trea 5. Lighting fixtures should be lndeuU�g�}s{ �- approximately 10-15 feet above the surface. The overall lighting smal flowering ring I -stem �ree;n in the plaza should average at landscape Ore, least 2 foot-candles. 6. The plaza should be connected to the Shopping Corridor, and accessible from parking areas. 7. At least one-half the plaza perimeter should abut buildings with pedestrian oriented facades. These buildings should be 20 to 35 feet in height. See Architectural/Building Design; B. Human/Pedestrians Scale; Guideline 1. one of the buildings adjacent to the plaza should feature a tall landmark element (30-50 feet in height) such as a tower, prominent flagpole, or other structure. 8. Parking areas must hot abut the Focal Plaza area. 9. See applicable landscaping guideline. 2. Shopping Corridor Guidelines: 1. The Shopping Corridor should be a series of connected pedestrian spaces surrounded by retail shops. 2. The width of the corridor should be not less than 25 feet in any place and average at least 500 feet counting plaza spaces. Pedestrian -oriented spaces (at least 500 square feet) should interrupt the corridor to provide visual interest and activities. 3. Paving should be unit - pavers or concrete with special texture, pattern, �- and/or decorative features. _ 4. Pedestrian amenities shall be provided such as ill.... i seating, plants, drinking } ; `i' fountains, distinctive paving, artwork, and such focal points as sculpture or water feature. 5. Lighting fixtures should be approximately 10-15 feet above the surface and may be building mounted. The overall lighting in the plaza 12 Master Plan Development • Village at Federal Way 1. should be at least 2 foot candles, without "dark spots" that could cause security problems. Ambient light from under canopies or storefronts may be included in the lighting calculation$. 6. The plaza should have an articulated edge (buildings, benches, and/or landscaping) where feasible or desirable to provide visual interest and additional seating along the edges of the plaza where people may linger out of the traffic flow. 7. Buildings adjacent to the Shopping Corridor must have pedestrian -oriented facades (see Building Orientation guidelines below). 8. See applicable landscaping guidelines. Pedestrian oriented spaces with tables and chairs with umbrellas will allow areas for patrons to congregate and converse. All gathering areas will be screened from parking lots and streets. Pedestrian -Oriented Spaces Guidelines: 1. Pedestrian -oriented spaces are encouraged along the pedestrian " > connections and near key building: F entries. They can be small to large widening of walking space, 0 Fly;; landscaped areas, areas for outdoor dining, or small play areas. r ' 2. Pedestrian amenities shall be provided such as seating, plants, drinking fountains, distinctive paving, artwork, and such focal points as sculpture or water feature, .17- should be provided. 3. Lighting fixtures should be approximately 10-15 feet above the - - -r• surface and may be building u mounted. The overall lighting in the plaza should be at least 2 foot candles, without any "dark spots" that could cause security problems. Ambient light from under canopies or storefronts may be included in the lighting calculations. 4. The spaces must have visual and pedestrian access (including barrier -free access) to abutting structures and public streets or pathways. 13 Master Plan Development • Village at Federal Way Trees defir'e f Lrnlers organize spa:;R and pla?a A"Ce define (; icwlalY)n and t�onlin j 5. Walking surfaces should be either approved unit pavers or colored and textured concrete. 6. At least one linear foot of seating area (at least 16 inches deep) or one individual seat per 60 square feet of plaza area or open space should be included (seating can or include benches, low walls, stairs, or ledges). ,g 7. Landscaping that does not act as a visual '' barrier is encouraged (also see Plaza/Pedestrian Area Landscaping guidelines). 8. Buildings abutting pedestrian -oriented space must have pedestrian -oriented facades (see Building Orientation guidelines below). 9. See applicable landscaping guidelines. Broad sidewalks flanked with generous landscaping will promote a pedest rian safe environment facilitating neighborhood residents and visitors to walk from shop to shop. Areas for congregation, both on the walkways and tucked in the corners of the serrated facades will be a key role in developing the feeling of openness and security at the same time. 4. Gateways Reinforce community gateways through the use of architectural elements, r " streetscapes features, landscaping and/or signage. Gateways can be defined _- through landscaping, artwork, and = =� references to the history of the location_ that creates a sense of place. a Gateways are transition locations, places that mark entry or departure points to a ; neighborhood or development for _ automobiles and pedestrians. They are sites that create opportunities for identification, a physical marker for the community to notice they are entering a 14 '- Master Plan Development • Village at Federal Way special place. Methods to establish gateways should consider the site's characteristics such as topography, views or surrounding building patterns. Elements could include building out to meet the corner where appropriate, or tools such as: • Setbacks to allow for pedestrian friendly spaces; • Signage; • Landscaping; • Artwork; • Fa4ade treatments 5. Sidewalks and Pathways NOTE: Sidewalks refer to concrete pedestrian routes adjacent to public right-of-ways. Pathways refer to all other pedestrian routes. Intent: • To provide a safe environment for pedestrians to move throughout the development • Separation of pedestrian and vehicular traffic. • To create a varied and rich environment to encourage people to explore the area on foot. Guidelines: 1. All public open spaces, walkways, and sidewalks shall meet AOA standards. 2. Sidewalks should be separated from the roadway by planting strips with street trees where possible. Planting strips should generally be at least 5 feet in width and include evergreen shrubs no more than 4 feet in height and/or ground cover in accordance with the City of Federal Way Landscape Standards and canopy -type broadleaf trees placed an average of 25 feet on center. EXCEPTIONS: Where space is limited, planting strips less than 5 feet in width may be permitted by the City; street trees placed in tree grates may be more desirable than planting strips in key pedestrian areas. 3. Acceptable sidewalk widths may range N 111 i i o' from 6 to 15 feet depending on adjacent uses and anticipated pedestrian activity. Appropriate sidewalk widths on the connector road. Sidewalks along major connector routes, Pacific Highway South and South 336`h Street have been recently completed and are to remain. 4. Pedestrian crosswalks shall be provided at all intersections. These shall be indicated with distinctive paving. 5. The addition of texture to the ground plane of key sidewalks and pathways with unit pavers, bricks, tiles, or public artwork is encouraged. 6_ Pathways that provide key access to the Focal Plaza, Shopping Corridor, or other key sites are termed "Primary Pathways." Primary pathway surfaces should be at least 12 feet in width (to accommodate fire apparatus access and groups of ' people). 7. Other pathways are termed "Secondary Pathways." Secondary Pathways may — vary in width according to intended function and expected use (subject to 1 City approval). Where secondary L�— 'r ! pathways are located within corridors between structures, such corridors should be at least 8 feet in width. 15 Master Plan Development • Village at Federal Way 8. Pedestrian amenities, including landscaping and seasonal flowers, benches, lighting, and/or artwork, shall be provided along Primary and Secondary Pathways to create visual interest (see Landscaping guidelines). Centennial Trail Centennial Trail will be a walking/bike path continuing transverse from north and south on the site. A connection to 320`h is envisioned for the future. • See guidelines for sidewalks and pathways in this section. Sidewalks Intent The retail/commercial portion of the Village at Federal Way serves both the local neighborhood and the larger community. Emphasis shall be placed on separating pedestrian and vehicular traffic within the project. Sidewalk shall be clearly defined and separated wherever possible from vehicular traffic. • To provide a safe environment for pedestrians to move through the retail center and separation of pedestrian and vehicular traffic. • To create a varied and aesthetically pleasing environment to encourage people to explore the retail spaces on foot. • To allow for outside sales and eating areas within the project. Specifics • A pedestrian amenity such as street trees/landscaping, and seasonal flowers and benches shall be provided to create interest internally within plazas. • Pedestrian crosswalks shall be provided at all intersections. These shall be indicated with distinctive paving/markings. • All public open spaces, walkways, and sidewalks shall meet ADA standards. • The addition of texture to the ground plane of sidewalks and plazas with unit pavers, bricks, and special concrete texturing will be provided at selected areas where activity occurs. • Pedestrian pathways and trails shall provide connections to various retail services and open spaces. Safe public walkways around and through parking areas are also to be designed. • Awnings and/or overhangs will be provided to protect pedestrians from inclement weather whenever possible along storefronts. • Pedestrian amenities and detailing of site furniture, lighting, paving, and site amenities will be consistent throughout the village to create an identifiable identity and image. Trails Trails are soft -surfaced free -draining paths that link sidewalks or other hard -surfaced areas together. Intent • To provide linkage from residential areas to retail spaces. • To provide an amenity for local residents. • Pedestrian trail along the wetland area provides an important link connecting the Village at Federal Way to the commercial areas to the north and south. This also provides safe passage for the neighborhood to the west. For further details see Centennial Trail section. • Pedestrian trail shall be located within the buffer. Its location and construction shall meet all buffer criteria and create pedestrian interest with berms and planting. • Trail location and design to be approved by the City. am Master Plan Development • Village at Federal Way Driveways Any entry with a median can exceed 36'. The median must be 9' in width and landscaped appropriately. Will feature detailing to distinguish entry into the site from public streets by brick edging, exposed aggregate concrete, stamped and colored concrete. All undivided driveways shall have a minimum drive lane width of twelve (12) feet. Divide driveways/entries with medians shall have individual lanes of no more than thirteen (13) feet in width. 1. Parking Areas Intent: • To provide convenient parking areas encouraging people to utilize the pedestrian oriented circulation throughout the site. • To provide more flexibility in the design of the development by reducing existing City parking standards. • To provide parking areas to enhance the pedestrian and visual qualities of the site. • To maintain the built street edge through effective screening of all parking lots. • To minimize the impacts of driveways and curb cuts. Guidelines: 1. Parking areas shall conform to the requirement of FWCC, Chapter 22, Article XV and FWCC Section 22-1567, "Parking Lot Landscaping" unless otherwise noted in these guidelines. This encompasses dimensional requirements, design, access, loading areas, number of parking spaces, parking area landscaping, and other parking -related requirements. 2. Parking requirements for retail uses shall be 1 space per 300 square feet of gross floor area and 1.7 spaces per unit in the mixed -use. 3. Parking requirements for restaurant uses shall be 1 space per 100 square feet of gross floor area and 1 space per 80 square feet of gross floor area for fast food restaurant uses. 4. The landscaped buffer between the sidewalk and the parking area along Pacific Highway South must be at least 10 feet in width using either Type II or Type III Landscaping standards subject to City approval. 5. Pathways through parking lots should be provided. Pathways and crosswalks should be provided along every fourth parking isle or at intervals of less than 150 feet. Pathways through parking areas must be separated from adjacent vehicular circulation areas by a landscape buffer of at least 4 feet in depth. Parking area pathways should be a minimum of 5 feet in width. 6. Parking will not be permitted in parking setback areas. 7. All parking shall be screened from public streets by appropriate landscaping (see Landscaping Guidelines.) 8. In parking lots, landscaped islands must be installed in intervals of not less than every twenty (20) parking spaces; and at the end of all rows of parking. Parking islands shall have a minimum width of nine (9) feet. A continuous poured -in -place concrete curb shall be installed around parking islands to protect lawns and landscaping from vehicular traffic. Parking islands may not be used to satisfy the Permeable Surface requirement; however, islands larger than 500 sq. ft. shall be counted as Permeable Surface. 9. The use of parking bumpers in surface parking lots is prohibited except in designated handicapped stalls. 10. A continuous poured -in -place concrete curb with gutter shall be installed around all vehicular parking areas. 17 1 Master Plan Development • Village at Federal Way 11. All curb cuts onto public streets shall be on -grade curb return types. Residential type, ramped curb cuts are prohibited.. 12. All parking spaces must be designated by painted lines. 13. All handicapped parking spaces must be designated in compliance with ADA and the City of Federal Way Municipal Code. 14. All parking lot and street pavement sections shall be designed by a registered engineer. B. Building Orientation - Commercial Phase Intent: • To provide an attractive pedestrian environment. • To enhance the character of the streetscapes within and surrounding the area. • To enhance the use and safety of open spaces by encouraging buildings to front onto them. • To provide attractive building facades adjacent to parking lots. General: The Focal Plaza, Shopping Corridor, and other Pedestrian -Oriented Spaces serve as the focal points for pedestrian activity in the Planned Development Area. Therefore, buildings and ground floor businesses fronting on the spaces should be oriented towards these spaces. For the purpose of these guidelines, these building facades are termed "Primary Pedestrian Facades." Since these and other buildings also front onto parking lots or streets, buildings and businesses are strongly encouraged to provide secondary building entrances. These are referred to as "Secondary Pedestrian Facades." Due to the design of the site, side and rear walls of new buildings in the planning area will also be visible and therefore must be designed and/or screened to provide an attractive streetscape. These are referred to as "Side or Rear Facades." Locations, guidelines and standards for Primary Pedestrian Facades, Secondary Pedestrian Facades, and Side or Rear Facades are detailed below. Architectural Considerations Please review the Building Design Vocabulary section of the Master Plan for more detail concerning the architecture within the village center. Consult the Federal Way Municipal Code for additional restrictions. Guidelines 1. Primary Pedestrian Fa4ade: ■ Building facades adjacent to the Shopping Corridor, Focal Plaza, and at pedestrian -oriented spaces. • Primary building/business entries must be located here. Weather protection is required along at least 75 percent of the facade width. 75 percent of the linear footage of facades on the ground floor are require to have storefront glazing between the heights of 2 feet to 8 feet above the ground; Multi -story structures with windows or balconies overlooking the plaza/open spaces are encouraged to provide a sense of visual interest and neighborhood security. Pedestrian -oriented lighting and/or decorative fa4ade 2. Secondary Pedestrian Fa4ade: • Building facades adjacent to parking lots, pedestrian pathways, or streets, as designated by the City. • If the building/business is not adjacent to the Shopping Corridor, or Focal Plaza, or the primary entrance may be located adjacent to an adjacent parking lot, pedestrian pathway, or street (subject to City approval), Buiiding/businesses facing Shopping Corridor, or Focal Plaza on one side and parking lot, pedestrian pathway, and/or street on other sides, are strongly encouraged to provide a secondary building/business entry from the parking lot, pedestrian pathway, or street (citing subject to City approval). • Weather protection over the building entry and covering at least 50 percent of the overall fa4ade is required (75 percent weather protection coverage is required for facades along interior pedestrian corridors). • Storefront windows over at least 35 percent of the facades on the ground floor between the heights of 2 to 8 feet above the ground are required. 18 Master Plan Development • Village at Federal Way Building entries along secondary pedestrian facades should utilize pedestrian oriented lighting and/or decorative fa4ade details. Blank walls must be treated in one or more of the following ways: 1. Planters or trellises with vines. 2. Landscaping that covers 30 percent of wall area within three years of planting. 3. Special materials (e.g., decorative patterned masonry). 4. Display windows. 5. Other treatment approved by the City. 3. Side and Rear Facades: • Building facades not adjacent the Focal Plaza, Shopping Corridor, building/business entries, or highly visible locations. • While pedestrian building/business entries are not required here, they may be encouraged depending on specific site characteristics. Service elements may be located here. Facades shall be treated in two or more of the following ways: 1. Planters or trellises with vines. 2. Landscaping that covers 30 percent of wall area within three years of planting. 3. Special materials (e.g., decorative patterned masonry). 4. Display windows. 5. Other treatment approved by the City. • Designated side and rear facades located along public streets should be set back at least 15 Feet from the sidewalk to accommodate storm water treatment methods and heavy landscaping. • Visible building facades should be articulated per "Vertical Articulation" guidelines in Human/Pedestrian Scale. • Creative use of building materials such as concrete and concrete masonry units is encouraged. Building Presence This is covered in greater detail in following sections, however, generally it can be said that an attempt is being made to offer variety and complementary across a wide range of building types, as sectioned by use and size, throughout the whole of the Federal Way Village. By keeping with the established guidelines for setbacks, block sizes, building height restrictions and other ordinances Village at Federal Way hopes to create a neighborhood built on a human scale that reflects a rhythmic sense of continuity. Furthermore, making use of the opportunities offered within the village center, porches will reside near to the street, in many cases becoming the dominant feature visible from the road. In the case of front - loading homes with garages Facing the street, the prominent porches, in conjunction with other details such as accent trellises, deep eaves and recessed doors, will present visages much different from the garage lined streets common in many suburban neighborhoods. Neighborhood Continuity Continuity within each sector of the Village at Federal Way, commercial and residential, is relatively assured as a single developer is responsible for design and construction within each. The building styles between the residential and the proposed commercial portion are complementary, each owing much to the Craftsman design motifs. Additionally, each section conforms to the same building ordinances defining setbacks and the like. There should be little or no noticeable difference between the two sections. In its entirety, Village at Federal Way will be a unified whole, conveyed via the rich context built of the push and pull between competing forces: public and private; commercial and residential; automobile and pedestrian; monotonous conformity and aesthetic congruency, ordinance and market forces. In this milieu it may be capable of achieving the tacit goal behind the village center of becoming a "special place, distinct from anywhere else". Z Master Plan Development • Village at Federal Way Transitions one of the ambitions of the Village at Federal Way shall be to develop a seamless and harmonious community; one where rarely distinguishable borders between the commercial and residential areas will exist. Some of the elements to mesh the two developments shall be: Transport The sidewalks, walking paths and the bicycle trails will be the common thread, tying together the complete tapestry of the Village at Federal Way. The possibility for the neighbors to use alternative modes of transportation will be achievable and encouraged. The neighbors will have the opportunity to meander through the tranquility of the development peacefully and safely From one edge of the development to the other using various ribbons of transport. Noise, the unavoidable jinx, will be of interest in the commercial area of the village. The abundantly landscaped paths will serve as buffers between the commercial and residential zones, calming the clamor. For more information about the utilization of landscaping see the landscape section. Phasing The Village at Federal Way will be completed over a period of three years, commencing spring 2007. Each phase will contain various elements of the final project, including different housing types, parks and open spaces, roads and storm water treatment areas. Architectural/Building ?sign A. Architectural Concept - Commercial Intent: • To create, through the architectural, landscape, open space, and gateway elements, an identity unique within the region and that reflects Federal Way's small town character. • To reflect Federal Way's vernacular architectural character (excluding the post -War highway strip development). • To provide a high -quality image with well -designed and detailed buildings, minimization of corporate identity elements (stock buildings and signs), and an emphasis on subtlety and refinement rather than on flashy or trendy design themes. • To create an assemblage of buildings within the planned development area with an intimately scaled (i.e., the buildings appear to be smaller in size, generally less than 150 feet in length along a fapde, even though the building footprint may be larger) and informal architectural character. • To create a varied, non -homogenous set of buildings within the planned development area that give the sense of natural evolution over time rather than a result of a single, one-step development —and to emphasize the fact that the building elements can naturally evolve and change over time without disrupting a constricting design theme. Guidelines: 1. The buildings proposed for the Village at Federal Way planned development area should be based on a comprehensive architectural concept that achieves the intent statements above. Specifically, the design of the specific buildings should address: • Pedestrian interest and comfort along the perimeter of open spaces and pedestrian connections. • The size of building massing and elements relative a human body. • Lessen the visual monotony fronting a street or pedestrian path by making use of articulated fa4ades including color and material breaks. No fa4ade fronting these conditions will be a shear blank wall. • The perceived massing of the building relative to nearby structures, open spaces, and landscape elements. • Federal Way's architectural and cultural setting. • The variety of sequential experiences and design characters within the site. 20 Master Plan Development • Village at Federal Way While the individual design guidelines in this section address some of these issues specifically, the intent of this guideline is to encourage the designers to consider how the various aspects of the design work together. Applicants should be prepared to demonstrate how the proposed buildings respond to the intent statements. The City will review applicants' proposals and determine whether or not they meet the intent. B. Human/Pedestrian Scale Intent: • To create an assemblage of buildings with an intimately scaled appearance and informal architectural character. • To architecturally treat large buildings to ensure that they do not dominate the area's identity. • To provide interesting and sheltering pedestrian -oriented facades. Guidelines 1. Building Height: The maximum building height in the BC zone is 35 feet. However, up to 55 feet is permissible if certain criteria are met. Sunlight should be considered within the planned development area with regard to the freight of buildings adjacent to open spaces such as the Shopping Corridor, or Focal Plaza. Generally, buildings on the south side of these open spaces should be sized to allow direct year-round sunlight on south -facing structures. Specifically, building heights on the south side of the Shopping Corridor and Focal plaza should not exceed a 1:1 ratio with the width of such open spaces. I, itum f: }1 4Fv`?'✓1;. x 2. Articulation: The buildings must conform to the. community design guidelines FWCC Section 22-1635(b), "Building Fagcle Modulation and Screening options, Defined." Building facades longer than 60 feet in width and visible from a public fight of way or residential area or zone shell incorporate fa4ade modulation methods. The minimum width of a modulated section is 6 feet and the minimum depth is 2 feet. The maximum width is 60 feet. Articulation may be accomplished in several ways, including: • Modulation —the stepping back or projection of a portion of the fa4ade. • Including significant building elements such as balconies, porches, canopies, towers, or entry areas that visually break up the fa4ade. • Building focal points that include, for example, distinctive entry features. • Changing the roofline. ■ Changing materials. • Landscaping. • Using other methods acceptable to the City. 21 Master Plan Development • Village at Federal Way C. Architectural Elements Intent: To create an intimately scaled, pedestrian friendly, and informal architectural character. • To enhance the quality of both individual buildings and the Pacific Highway streetscape as a whole. • To encourage use of quality building materials with a low life cycle cost. • To create design unity, a sense of place, and community identity. • To reduce the visibility of unsightly service and utility elements from view while providing efficient service and equipment areas. 1. Roofs Guidelines: 1. Roof designs should provide scale -reducing elements within the Village at Federal Way planned development area. It is recommended that buildings have a variety of roof slopes, details, materials, and configurations. 2. All flat roofs shall be architecturally treated or articulated with a parapet wall combined with ornamental molding, entablature, frieze, cornice, or other architectural roofline detail visible from the ground level. Parapets and articulated cornice lines should not appear as applied elements. 3. Roof -mounted mechanical equipment (HVAC) must be screened from view. 2. Building Elements and Details Guidelines: 1. All building facades shall incorporate a substantive use of building elements, such as those from the list that follows, as approved by the City, to achieve a pedestrian scale. 2. "Substantive" in this case means a significant contribution to the form and character of the building. Note that "decorative" means that the feature exhibits special craftsmanship or distinctive design that adds visual interest and/or unique character. Suggested building elements include: • Articulated building elements through treatment of windows, doors, entries, and corners with special trim, molding, or glazing. • Permanent pedestrian weather protection (building canopy). 22 Master Plan Development • Village at Federal Way • Decorative building materials, such as tile and metal work. + Enhanced or articulated building entrances (recessed or covered).. • Pergolas, arcades, porches, decks, or bay windows. • Balconies in upper stories. • Address numbers legible to the public from the street or pathway fronting the property or building. • Multiple -paned window fenestration (windows with several panes separated by mullions). • Windows. All windows should either have a vertical orientation (e.g., be longer in the vertical dimension than in the width) or be square in order to qualify as special elements. - 3. Exterior Materials Guidelines: 1. Use durable and high -quality materials. Shiny or highly reflective materials are not allowed. Materials should be those of typical use in the Northwest, including: • Bevel or lap siding. • Rock, stone, and brick material. • Architectural shake -style roofing. • Metal roofs with standing seams. A mix of vertical board and batten wood siding, brick veneered columns, concrete bases, and canopies emphasize the regional architecture. 2. If sheet materials, such as composite fiber products or metal siding, are used as a siding material over more than 25 percent of a building's fa4ade, use material with a matted finish in a muted color as specified in Color guidelines below. Include the following elements: • Visible window and door trim painted or finished in a complementary color. • Corner and edge trim that covers exposed edges of the siding material. 23 Master Plan Development • Village at Federal Way 3. If concrete blocks (concrete masonry units or "cinder blocks") are used for walls that are visible from a public street or park, use one or more of the following architectural treatments: • Use of textured blocks with surfaces such as split -face or grooved. • Use of colored mortar. • Use of other masonry types, such as brick, glass block, or tile, in conjunction with concrete blocks. • Other treatment methods approved by the City. The applicant shall provide the City with samples of the material, proposed detail connections and a list of other project examples in the Puget Sound region that have used this application. 4. ❑o not use the following materials in visible locations unless an exception is granted by the City: • Mirrored glass. • Corrugated fiberglass. • Chain -link fencing (with or without slats). • Synthetic materials with reflective surfaces, including galvanized steel and glossy vinyl siding. 5. Paint all vents, gutters, downspouts, flashing, and electrical conduits to match the color of the adjacent surface unless they are being used expressly as a trim or accent element, or if the surface is made of an unpainted material such as brick. 6. Shadow -line and unequal coursing, split shakes, fish scale or diamond sawn shingles and other patterns may be appropriate to architectural detailing of any wood accents. 7. Provide approved address numbers so that they are legible to the public from the street fronting the property. 4. Colors Guidelines: 1. Submit a color palette. 2. Appropriate for the given architectural style, color scheme and surrounding context. 3. Muted colors are encouraged for the background color of most buildings. A darker background color will allow the effective use of lighter colors for trim — where the highlights will show up better. 4. Bright colors should generally be reserved for accents. Doors or special features may be painted a bright accent color. 5. Bright luminescent or day -glow color is not allowed. r 5. Building Equipment and Service Areas Guidelines: 1. Building service elements and utility equipment should be contained within the building envelope, screened from public view, or on roofs where not visible to the public. 2. All on -site service areas, loading zones, outdoor storage areas (except outdoor retail sales areas under 100 square feet in occupied area), waste storage, disposal facilities, transformer and utility vaults, and similar activities shall be located in an area not visible from a public street, pedestrian connection, or open space. If this is not possible, then the service area, loading zone, storage area, or utility area must be screened from public view. Acceptable screening includes: a. A masonry or wood enclosure incorporated into a building wall. b. A solid hedge or other screening as approved by the City. c. Visible chain link fencing with or without slats is not permitted. 3. Service or utility areas or enclosures shall not be located in or be visible from public open space, including the Focal Plaza. 24 Master Plan Development • Village at Federal Way 6. Drive-thru Screening Drive-thru and drive-thru lanes are a common necessity in current time. Home cooked meals are one of the casualties of today's fast paced and often hectic life styles. A goal for the Village at Federal Way is to site the buildings as to position the drive through in the inner regions of the site, thus hiding them from view at the perimeter of the site. In a case of a drive through not being positioned in such a manner a screening process has been implemented. Concealing procedure shall be: Landscaping • Berming: The setback space between the public streets and drive through lanes shall be fully landscaped. Berming shall be provided in order to screen cars from the adjacent areas. Berms will aid in reducing the overall scale of any screen walls. • Plantings: The use of coniferous trees and/or appropriate shrub plantings shall add visual relief and buffering where appropriate and Shall hide any unsightly areas. • See the Landscaping section for additional and more thorough details. Site Amenities/Lan& a Plantin Intent To achieve a higher quality, more dense landscape within the retail center than typically is found in other community commercial centers throughout the City of Federal Way and vicinity. • Provide a variety of plant materials, but commonality that unites the retail services center. • To utilize landscape materials to strengthen the center's design identity. • To select plant material that is relatively hardy and requires little maintenance. • To frame the human -made elements with a natural backdrop. To add color, texture, and interest to the center. All plant material species, size, and quality shall be as approved by the City. 1. Setbacks Intent • Establish a coordinated streetscape image; • Provide sufficient space between buildings; • Ensure adequate light and privacy; • Provide sufficient space between roads, buildings and parking to ensure privacy; • Sound control. Required Yards Front Side Rear Height (each) Office/Retail 0 0 0 35'-55' Multi -unit Housing 20 5 5 35' or special regulations and notes see Federal Way Municipal Codes, Chapter }(M - Zoning 1. Driveways shall be setback From adjacent property lines at least twenty five (25) feet, except where access driveways are shared by adjacent owners/tenants. Access drives shared by two or more adjacent sites is encouraged. (Applies only if development is sited on more than one parcel) 2. All setback areas shall be planted and landscaped in accordance with the Landscape Guidelines. 25 Master Plan Development • Village at Federal Way 2. Perimeter Landscaping Guidelines The project design intent is to create an aesthetically pleasing natural environment that serves both the neighborhood and greater community. To achieve this, a higher quality of site design and building design is proposed. Views into the tenter from adjacent streets will be promoted. It is the design intent to limit views of the larger parking area through the use of berms and lower level shrubs, and existing and proposed grading around the perimeters of the site. To achieve this, the following design Features shall be considered: Intent • To screen undesirable views of and from SR 99, Pacific Avenue South. • To provide green backdrop and frame for the Federal Way Village retail space development. • A buffer of native vegetation averaging at least 10' wide shall be provided along SR 99, and South 336" Street. • The under story may be cleared through buffer and around trees to create view corridors to buildings but not to parking lots. • An open view corridor shall be maintained at entrance streets for vehicular ingress/egress visibility. • Vegetative buffers along South 336`" Street and Pacific Avenue South shall be composed of a mix of evergreen and deciduous native vegetation to provide screening from the road and a "green gateway" for the Village at Federal Way. Protection of existing landscaping, including significant trees and vegetation areas, is to be considered at all times. • The buffer shall have a natural, not manicured, character, and recommended indigenous species, including Douglas fir, cedar, hemlock, big leaf maple, vine maple, Oregon grape, Salal, etc. • The landscape plan as required for review must be prepared by a qualified landscape architect. • Site coverage shall be in accordance with the City of Federal Way Municipal Code, Article XVII - Landscaping. • Landscaping must be completed, inspected, and approved by the City prior to building occupancy. • Requirements pertaining to tree preservation, replacement and coverage shall be in accordance to the City of Federal Way Municipal Code. • All irrigation systems are to be below ground, fully automatic systems in compliance with applicable building code requirements. 3. Interior Area Landscape Guidelines Plazas and Courts • A range of landscape materials, trees, evergreen shrubs, ground covers and seasonal flowers shall be provided for color and visual interest. • Trees should be placed to allow southern sun exposure in such a manner as not to conflict with pedestrian activity areas. Seasonal deciduous shade trees are to be located to provide a cooling effect during summer months. 26 Master Plan Development • Village at Federal Way I L- i retail/ �K` . 1 office/ ' residentially` x retail � •I1•ynq �' ��y _ � {��yj � deC:FHe:<E'xJIIaCJ9 ra�`�43 Ni45 f::U^.4 �` F 7rvupnai 4>9s! m�e.�r mcauwstree - �jj —�w'�5 .. ib oacaa;ive uc�g•ate f �.. � ifl�e �aa,t••q rS LPS n retail/ residential retail A! Conceptual Plaza Plan —Thomas Rengstorf Associates • Planters or large pots with small shrubs and seasonal flowers may also be.used to separate cafe seating from traffic flow and create protected sub -areas within the plaza for sitting and people watching. • Creative use of plant materials, such as climbing vines or trellises, and rock groupings, etc., are also encouraged. • All landscaping shall be as approved by the City. • A variety of materials for interest will be used; e.g. brick, concrete, unit pavers, tile, stone, wood (some seating) in selected areas where activity will occur. • Dumpsters or service areas shall be substantially screened from open spaces/plaza areas. medium flowering tree in decorative tree grate seat wall feature decorative paving feature paving raised planter seat wall Master Plan Development • Village at Federal Way Streetscape/Parking Lots • Street trees shall be planted an average of 30' on center on both sides of all new streets • Street trees should align with building column lines and not block storefronts. Tree species selection shall encourage deciduous trees and trees that branch above 6'. • Parking lot areas shall employ deciduous shade trees, berming, and shrubs/ground cover materials that will withstand the harsh environment and will discourage "through passage". • Use of trees and other plantings with special qualities (e.g., spring flowers and/or good fall color) will be used to unify and create a unique character. • The following trees are recommended for street trees: Skyrocket Oak or Crimson Spire Oak. • The following trees are recommended for parking lot trees: Parkway Maple, Worplesdon Sweetgum, or Chanticleer Pear. • Shade trees for plaza areas should be chosen from the following list: Skyline Honeylocust, Columnar Norway Maple, or Kwanzan Cherry. Ll A Pre fe ru d t y p e s of o edes C plan 12 a t h wo 3 9 an oterla Images by - Thomas Rengstorf Associates 28 Master Plan Development • Village at Federal Way 4. Site Grading Intent • Unify the grading in terms of earth form, preservation of topographic features and compatibility of relationships between buildings parking areas, roads and adjacent properties. Guidelines: 1. Lot grading will be done in such a way as to preserve where feasible existing topographic features and to provide positive drainage. All site grading shall be designed to meet the following standards: Minimum Maximum Slope Slope Landscape areas 2% 3:1 Parking lots 2% 4% Driveways 2% 1 0% Pedestrian paths 1 % 8% 2. No cut or fill slopes of any type shall be steeper than 3:1 with smooth vertical transitions. 3. Where space limitations demand, terracing with approved retaining walls shall be utilized. 4. Where retaining wails are required, they shall be of a material compatible with the building structure. 5. Berms, channels, swales, etc., shall be graded in such a way as to be an integral part of the grading, and paved surface designed with smooth transitions between changes in slope. 6. Storm water shall be detained on site when necessary. 7: Site grading shall be designed in such a way to limit the amount of site runoff entering the areas reserved as Conservation Easements/Wetlands. 5. Fencing Intent • Provide for security; • Screening of unsightly areas; • Visual relief and buffering where appropriate. Guidelines: 1. No fence or wall of any kind shall be constructed unless specifically approved by the City. 2. Objects such as water towers, storage tanks, processing equipment, cooling towers, communication towers, vents and other structures or equipment shall be compatible with the building architecture or screened from view of adjacent properties, parking areas, public streets, common areas, and walkways/paths by using fences. and/or walls and shall be approved in writing by the City before construction or erection of said structures or equipment. 3. Screen fences or walls shall be of a height at least equal to that of the equipment to be screened. 4. Materials and colors offences and walls shall be compatible with the building architecture. 5. Chain link and/or barbed wire fencing is not permitted. 6. No fence or wall shall be located within twenty five (25) feet of the front property line or any street right-of-way. 6. Site Utilities The purpose of the Site Utilities Guidelines is to promote the coordinated development of utilities in Village at Federal Way and to minimize utility costs and adverse visual impacts caused by utility structures and appurtenances. Guidelines: 1. All permanent utility lines shall be underground. 2. The proper use of constructed or reconstructed wetland technology is encouraged for any on -site storm water treatment. 3. Transformers shall be grouped with utility meters where possible and shall be screened. 29 -.j Master Plan Development • Village at Federal Way 4. Utility appurtenances including telephone pedestals, utility meters, irrigation system back flow preventers, transformers, etc. are not to be visible from adjacent sites, parking areas, public streets, pedestrian walkways and bike paths and shall be screened. 7. Site Lighting The purpose of the Site Lighting Guidelines is to provide for a safe, functional, visually attractive and coordinated site lighting system. All Lighting will conform to community standards for safety and aesthetics and will be provided for according to the appropriate ordinances. Guidelines: 1. lights shall not be placed to cause glare or excessive light spillage on neighboring sites. 2. Lighting shall be provided for all parking areas, driveways, sidewalks and paths. 3. Exterior lighting fixtures are to be as follows: a. Parking lot fixtures: cut-off type, color corrected high pressure sodium, rectilinear or "shoebox" style, aluminum extrusion luminaries, no more than thirty (30) foot mounting height. Single or double luminade configuration on a square pole. luminaries and pole shall have dark bronze finish. b. Pedestrian area and walk lights: Coordination with residential lighting fixtures is encouraged. C. Large above ground concrete bases for lighting fixtures (excluding parking lot fixtures) are prohibited. Base design shall be coordinated with design style of lighting fixtures. 4. It is recommended that accent illumination be provided at key locations such as building entries, driveways entries, etc. 5. Lighting of building faces is permitted only when such light does not cause excess glare or when such light does not spill onto adjacent buildings, parking areas and public streets. 6. Building mounted lighting is restricted to loading and service areas for security purposes only. Building mounted lighting shall no be substituted for parking area or walkway lighting fixtures. Security lighting Fixtures are not to project above the roof line of the building and shall be shielded. The shields shall be painted to match the surface to which they are attached. 7. Aesthetic lighting techniques on the building may be implemented after review by the City. 8. Site Signage • Establish a coordinated graphic program that provides for individual occupant identification and directional communication in a distinctive and aesthetically pleasing manner, • Graphic system is a major factor in creating and preserving the design character and integrity of Village at Federal Way. Size and placement of all signage shall be considered as integral part of site development, and a signage plan shall be submitted for the approval. • All signage must be in compliance with the City of Federal Way Municipal Code. Architectural/Buildin Desi n - Residential A. Architectural Concept - Residential Intent: • To create, through the architectural, landscape, open space, and gateway elements, an identity unique within the region and that reflects Federal Way's small town character. • To provide a high -quality image with well -designed and detailed buildings, and an emphasis on subtlety and refinement rather than on flashy or trendy design themes. • To create an assemblage of buildings within the planned development area with an intimately scaled (i.e., the buildings appear to be smaller in size, generally less. than 150 feet in length along a facade, even though the building footprint may be iarger) and informal architectural character. 30 Master Plan Development • Village at Federal Way B. Human/Pedestrian Scale Intent: • To create an assemblage of buildings with an intimately scaled appearance and informal architectural character. • To architecturally treat large buildings to ensure that they do not dominate the area's identity. • To provide interesting and sheltering pedestrian -oriented facades. C. Architectural Elements Intent: • To create an intimately scaled, pedestrian friendly, and informal architectural character. • To enhance the quality of both individual buildings and the Pacific Highway streetscape as a whole. • To encourage use of quality building materials with a low life cycle cost. • To create design unity, a sense of place, and community identity. • To reduce the visibility of unsightly service and utility elements from view while providing efficient service and equipment areas. Building Style • The intent within the Village at Federal Way is to recreate spirit of traditional American neighborhoods found in this country prior to the Second World War. In part, this will be accomplished by mirroring some of the key architectural design features found dispersed throughout those communities. These include stylistic reference to several genera of homes, principally Heo-Colonial and Craftsman, a mixture of front and alley -loading garages and a variety of elevation styles. • The specifics of each home will vary; however, what follows is a general overview of the features that will be found within the Village at Federal Way. Massing • Construction with the Village at Federal Way will recognize the massing relationships between adjacent buildings and will seek to maintain appropriate scale and context. • All efforts will be undertaken to lessen the visual monotony fronting a street or pedestrian path by making use of articulated facades that include color and material breaks. No blank walls will be permitted. S . T r al front eleva tion 31 Master Plan Development • Village at Federal Way 1. Roofs and Roof Materials Styles ■ Gabled, Gambrel and Hipped roofing styles will be prevalent on all primary building structures. ■ Where ap"propriate dormers will also be prominent features. ■ Flat roofs will not be allowed. Design • All new buildings, including accessory buildings shall appear to have a roof pitch ranging from at least 4:12 to a maximum of 12:12. • Roof pitches will vary and be appropriate to the housing style with 6:12 typical. ■ The maximum building roof height within the residential section shall not exceed 35' feet above average building elevation. Trim • Rake, fascia, soffit and frieze trim will be applied in a fashion consistent with the units' particular architectural style. Materials • Wood shakes and shingles • Slate ■ Fiber cement shingles • Fiberglass Asphalt • Clay tiles. • Concrete tile shingle • Alternate materials that achieve similar visual effect. Color • Appropriate for the given architectural style, color scheme and surrounding context. X, /��/,{J/ %W�• .+•.� i,.-,-�,�._.•-__ •, 5.�~ - - -. Typical roof elevation 2. Siding and Trim Styles • Given style will be appropriate for the particular architectural motif and include board and batten, shingles, and lap siding, river rock and brick. Patterns • Shadow -line and unequal coursing, split shakes, fish scale or diamond sawn shingles and other patterns will be used as appropriate to architectural theme and context. 32 Master Plan Development • Village at Federal Way Trim • Where appropriate, horizontal bands will be used to provide breaks between materials, patterns and/or colors. • Corner, grade line and other trim elements to add visual distinctiveness will be applied where appropriate. Materials • Principally wood and masonry, though other materials that achieve a similar effect may be substituted. (e.g. Fiber cement or wood -resin composite.) • Rated panel siding, such as T1-11 will not be used. with horizontal trim board and brick Color • Appropriate for the given architectural style, color scheme and surrounding context. What follows is a representation of the color schemes offered at Federal Way Village WALL ftmdaaerls SW2212 WALL Ao i ail Silver SW2121 WALL Provin Nue SW2107 TRIM Gas bR a9,rte SW2221 TRIM Casa 81ama SW2060 TRIM S*,erWnte 5W2109 ACCENT San>utaMaaage SW2215 ACCENT wAMTO SW2125 ACCENT tvhice _ 5W2123 Cr WALL ) rehvrW SW2128 WALL Fj" SW2250 WALL Was ha&w sW2012 TRIM white 5W2123 TRIM ce.tPmnt SW2053 TRIM Sa dstme SW2009 ACCENT Tourhetam SW2117 ACCENT bor�Bl n SW2050 ACCENT wkawy SW2724 WALL wustwrarcay SW:2065 WALL erjs SW2114 WALL sramise SW2352 TRIM Srmging-ad, SW2087 TRIM FAIIINs$sn? M114 TRIM White SW2123 ACCENT 'Zeus SW2085 ACCENT eor&ra SW2717 ACCENT rAy[on C cacn SW2354 33 Master Plan Development • Village at Federal Way 3. Entry and Doors Placement • The primary entry of all homes will be visible and accessible from the street or public open space. Styles • Appropriate for the given architectural style and will feature panels and/or glaring. • Special features such as a round top window, transom sash, side lights and/or panels will be considered. • French and terrace doors will be used where appropriate for access to porches and patios. Trim • Trim will be selected to complement the chosen door style and architectural motif. Colors • Appropriate for the given architectural style, color scheme and surrounding context. 4. Eaves, Porches and Arcades Porch Size • All porches will cover at least thirty -percent of the home's primary fa4ade with a minimum width of 8 feet and depth of 6 feet. Detail • Round, tapered or square columns will be used to enhance and differentiate the elevation. • Round, tapered or square posts will be used to define the porch. • Railings will be used between posts and columns. Eves • All eves will be open and a minimum depth of 5". • Craftsman -type eaves will be deeper and feature integral or decorative brackets. • Cornices will be applied where appropriate to the building style: 5. Windows Placement • Window placement will be architecturally consistent with the building style. • All fa4ades will feature windows. Special consideration will be given to side facing windows to ensure privacy from neighbors while still allowing day lighting. 0o I Styles • Will conform to the character of the home and surroundings. • Fixed, single hung casement or horizontally sliding windows will be utilized where appropriate. 34 r'� + Master Plan Development • Village at Federal Way • Natural or painted wood or white vinyl frame and casement materials will be used. Detail • Window grids and other details such as shutters will be used to add detail and key windows into a particular architectural style. Typical windows Trim • Will vary, but will include wider trim at the top and bottom of the windows, planters and trimming windows in groups, and will be consistent with the units' theme. 6. Cross gables and dormers Gables • Where appropriate to the architectural motif ornamentation will be applied for visual interest. Dormers • Where appropriate to the building's style dormers will be used to break up rooflines, add interest, light and ventilation to building. 7. Gutters Shapes • Style and shape chosen as appropriate to building style. • 1/2 round or K-style fascia gutters Downspouts • Locate at corners and position to minimize conflict with other design features such as windows, trim or ornaments. 8. Chimneys Styles, Details and Materials • Will be consistent with the building's architectural character and feature brick or river rock, or make use of siding and trim materials to compliment the building. 9. Walls, fences, and hedges Front • If a feature is incorporated in the front yard(s) including but not limited to a hedge, picket or lattice fence, brick or stone wall, the feature shall be at least 3' in height and not be greater than 6 feet in height. • Will be consistent with the building's style and complimentary to the surrounding context. Side, Rear • Solid fences on the sides and rear of property will be a maximum of 6' in height. • Hedges will be maintained to a maximum height of 6' along the back and side yards. 35 Master Plan Development • Village at Federal Way Materials • Fences will typically consist of wood, brick or stone. • Wood fences will be either of naturally rot resistant or treated lumber. • Hedges will be evergreens such as English Laurel or Boxwood. Garages • Where an alley is available, homes will feature alley -loading garages, thus minimizing the visual mass walling the street. • Where necessary, homes with front -loading garages will maintain the minimum 20' front setback from the street right-of-way. ■ Facades of all garages will be set back a minimum of 2' from the primary facade of the house unless, where appropriate, some additional architectural feature, such as a trellis, bay window or porch projects forward, above the garage by the same distance, again, with the intent of minimizing the visual impact of the garage front as viewed from the street. Typical windows ■ The width of any garage door fronting a street or pedestrian path shall not exceed 16'-3" Site Amenities/Landscape Planting Intent To achieve a higher quality, more dense landscape: • Provide a variety of plant materials, but commonality that unites the development. • To utilize landscape materials to strengthen the design identity. • To select plant material that is relatively hardy and requires little maintenance. • To frame the human -made elements with a natural backdrop. • To add color, texture, and interest to the center. • All plant material species, size, and quality shall be as approved by the City. coniferous evergroon tree landscape ai ea IOW. decorative retaining wall L__J f. .l. i 5 J u n its units flush curb t mullrstem deciduous hee ~lewd 6Yr +in7nr n 3 l 1°eccr:Sl ti tree ,I. grate nits 5 5 unit rf if u n lq 36 I arg& deciduous street tree Master Plan Development • Village at Federal Way 1. Setbacks Intent • Establish a coordinated streetscape image; • Provide sufficient space between buildings; • Ensure adequate light and privacy; • Provide sufficient space between roads, buildings and parking to ensure privacy; • Sound control. • The primary fa4ade of all units will conform to city ordinances and feature setbacks between 10' to 20'. • Sides of all units will meet zero -lot -line conditions. • Primary structures will be set back no less than 15' from the rear of the property. • See FWCC Section 22-1133 for list of structures and improvements that may be allowed in required yards. 2. Driveways/Sidewalks Drives • Will be a maximum 18' wide. • Will feature detailing to distinguish public from private, such as brick edging, exposed aggregate concrete, stamped and colored concrete. Walks • A walk will be provided from the public sidewalk to the front entryway. • Walk will be between 4' and 6' wide. 3. Streets Federal Way Village's street design reflects a human -scaled and pedestrian friendly design intent. The streets within are treated as active community space. Porch fronted and tree lined with wide walks and on -street parking, they invite the residents to readily make their use, whether for an evening stroll, a walk to the neighborhood store a game of street hockey. This shift towards human activity is accomplished, in part, by narrowed street sections and on -street parking. These two design features offer a host of pedestrian -centric paybacks achieved through the traffic calming they provide. Both operate to slow traffic, making the street much less daunting to occupy and traverse. Additionally, the on -street parking acts as a buffer, a "wall of steel", between the people on the walks and the cars in the street. 4. Parking Most parking in Federal Way Village residential areas will be handled via the attached garage and driveway at each home. Each unit will have two parking spaces, of which at least one will be in the garage; not all units will have a two stall garage. On -street parking will principally serve guests of the village center. There will be no restrictions or fees associated with on -street parking. Refer to individual street standards for additional information. 5. Front Yard All units within the Village at Federal Way will feature a clearly defined front yard differentiated by landscaping, hedges, fencing brick or stone wall. Site Plan Graphics and Descriptive Text Contained in this Document Please note that subsequent changes to the overall site design may result in required changes to the Development Plan document to ensure that references to overall site layout, vehicular/bike/pedestrian circulation network, open space, etc., are consistent with the final approved site plan. 37 Form WA-5 (6/76) File No.: NCS-560481-WAI Commitment Face Page = FEDERAL WAY COMMITMENT FOR TITLE INSURANCE Cos Issued by FIRSTAMERICAN TITLE INSURANCE COMPANY First American Title Insurance Company, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagor of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of the Commitment or by subsequent endorsement. This Commitment if preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." First American Title Insurance Company ���SIE 1NSd By: President loll �c'fE7F0iN�� Attest: Secretary By: r. fir—~ Countersigned FfrstAmerlcan Title Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-560481-WAI Page No. 1 SST AA1�'k! C, First American Title Insurance Company National Commercial Services 818 Stewart Street, Suite 800, Seattle, WA 98101 (206)728-0400 - (800)526-7544 FAX(206)448-6348 Chantale A. Stiller -Anderson Terri Nugent (206)448-6286 (206)615-3041 cstiller@flrstam.com To: Westlake Associates, Inc. 2810 Eastlake Avenue E Seattle, WA 98102 Attn: Dick Borsinil FOURTH REPORT SCHEDULE A 1. Commitment Date: September 30, 2013 at 7:30 A.M. 2. Policy or Policies to be issued: AMOUNT Standard Owner's Coverage $ 3,600,000.00 $ Proposed Insured: Devco, Inc., a Washington corporation tnugent@firstam.com File No.: NCS-560481-WAl Your Ref No.: Kitts Corner/Devco PREMIUM TAX 5,810.00 $ 551.95 3. The estate or interest in the land described on Page 2 herein is Fee Simple, and title thereto is at the effective date hereof vested in: Wells Fargo Bank, N.A., as Trustee of the Wayne B. Knight Credit Trust under the Last Will and Testament of Wayne B. Knight dated October 20, 2009, an undivided one -quarter (1/4) interest; Dagmar Q. Knight, as her separate estate, as to an undivided one -quarter (1/4) interest; and Cynthia L. Ryynanen, as her separate estate, as to an undivided one-half (1/2) interest, as to Parcel A; John H. MacLeod and Sarah MacLeod, who also appears of record as Sally MacLeod, as Trustees under the John H. MacLeod and Sarah MacLeod Family Trust, U.D.T. August 8, 1986; and Jeanette M. Chase, as Successor Trustee of the William J. Chase and Jeanette M. Chase Living Trust, as to Parcel B; Jean M. Merlino, as her separate estate; The heirs or devisees of James E. Merlino, deceased; subject to the probate proceedings pending under King County Superior Court Cause No. 11-4-04645-9; and Merlino Federal Way Land LLC, a Washington limited liability company, as to Parcel C; Campus Gateway Associates, a Washington limited partnership, as to Parcel D; and Kitts Corner Partners LLC, a Washington limited liability company, as to Parcel E First Amencan Tit/e Insurance Company J j Form WA-5 (6/76) File No.: NCS-560481-WAl Commitment Page No. 2 4. The land referred to in this Commitment is described as follows: The land referred to in this report is described in Exhibit "A" attached hereto. First American Title Insurance Company Form WA-5 (6/76) Commitment EXHIBIT 'A' LEGAL DESCRIPTION: PARCEL A: File No.: NCS-560481-WAI Page No. 3 THE NORTH HALF OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WESTERLY OF STATE HIGHWAY. PARCEL B: THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF THE SEATTLE-TACOMA HIGHWAY; EXCEPT ROADS, AND EXCEPT THE FOLLOWING PORTION: BEGTKINlni� T A PnTrIT M1 -ru 1A/GCT Rill IA DAPV .n.F ESE TTLE-T'kf HIGHWAY n 30 FT 11.E �.� A WLIM I I I .. OUN TH A. COMA HIGH AY FEE. NORTHEASTERLY OF A POINT WHERE THE WEST BOUNDARY OF SAID HIGHWAY INTERSECTS THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M.; RUNNING THENCE WEST PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., 200 FEET; RUNNING THENCE NORTH 00 10' 12" EAST TO THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 20; THENCE EAST ALONG SAID LINE OF SAID SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 20 TO THE WEST BOUNDARY OF THE SEATTLE-TACOMA HIGHWAY; THENCE SOUTHWESTERLY ALONG THE WEST LINE OF SEATTLE-TACOMA HIGHWAY TO THE POINT OF BEGINNING. ALSO EXCEPT THEREFROM THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY INSTRUMENT RECORDED UNDER RECORDING NO. 3722662. PARCEL C: THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 20; THENCE SOUTH 000 09' 38" WEST ALONG THE EASTERLY LINE THEREOF 877.49 FEET; THENCE NORTH 890 48' 55" WEST 241.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 890 48' 55" WEST 82.00 FEET; THENCE SOUTH 000 09' 38" WEST 108.68 FEET; THENCE SOUTH 890 48' 55" EAST 82.00 FEET; First American Title Insurance Company Form WA-5 (6/76) File No.: NCS-560481-WAl Commitment Page No. 4 THENCE NORTH 000 09' 38" EAST 108.68 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 20; THENCE SOUTH 000 09' 38" WEST ALONG THE EASTERLY LINE THEREOF 877.49 FEET; THENCE NORTH 890 48' 55" WEST 60.00 FEET TO THE WEST BOUNDARY OF PRIMARY STATE HIGHWAY NO. 1 (ALSO KNOWN AS U.S. HIGHWAY 99) AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 890 48' 55" WEST 181.00 FEET; THENCE SOUTH 000 09' 38" WEST 108.68 FEET; THENCE SOUTH 890 48' 55" EAST 81.00 FEET; THENCE SOUTH 000 09' 38" WEST 24.87 FEET; THENCE SOUTH 890 48' 55" EAST 90.00 FEET, MORE OR LESS, TO THE WESTERLY MARGIN OF SAID PRIMARY STATE HIGHWAY NO. 1; THENCE NORTHERLY ALONG SAID WEST MARGIN TO THE TRUE POINT OF BEGINNING. AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1 (ALSO KNOWN AS U.S. HIGHWAY 99). PARCEL D: THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 300.00 FEET THEREOF; AND EXCEPT THE NORTH 42 FEET THEREOF CONVEYED FOR ROAD BY DEED RECORDED UNDER RECORDING NO. 7410030037; TOGETHER WITH THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 42 FEET THEREOF CONVEYED FOR ROAD BY DEED RECORDED UNDER RECORDING NO. 7410030037; AND EXCEPT THAT PORTION LYING WESTERLY OF PRIMARY STATE HIGHWAY NO. 1 (PACIFIC HIGHWAY SOUTH) AS CONVEYED BY DEEDS RECORDED UNDER RECORDING NOS. 1778234 AND 3715474; AND EXCEPT THE EAST 223.6 FEET OF THAT PORTION OF THE SOUTH 223.6 FEET OF THE NORTH 265.6 FEET OF THE EAST 319 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., LYING WESTERLY OF PRIMARY STATE HIGHWAY NO. 1 (PACIFIC HIGHWAY SOUTH) AS CONVEYED BY DEED RECORDED UNDER RECORDING NO. 1778234; (SAID EXCEPTED PARCEL ALSO BEING KNOWN AS AN UNIDENTIFIED LOT IN KING COUNTY BOUNDARY LINE ADJUSTMENT NO. 8810007, RECORDED UNDER KING COUNTY RECORDING NO, 8812200807). ALSO EXCEPT THAT PORTION CONVEYED TO THE CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION UNDER STATUTORY WARRANTY DEED RECORDED SEPTEMBER 26, 2002 AND JULY 27, 2011 UNDER RECORDING NOS. 20020926001701 AND 20110727000010; (ALSO KNOWN AS NEW LOT 2 OF KING COUNTY BOUNDARY LINE ADJUSTMENT NO. BLA 00-105818-000-00-SU, RECORDED AUGUST 2, 2001 UNDER RECORDING NO. 20010802900007). PARCEL E: First American Title Insurance Company Form WA-5 (6/76) File No.: NCS-560481-WAI Commitment Page No. 5 THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH MARGIN OF SOUTH 336TH STREET WITH THE WEST MARGIN OF PACIFIC HIGHWAY SOUTH, AS CONVEYED BY DEED RECORDED UNDER RECORDING NO. 1778234; THENCE SOUTH 10 12' 23" WEST ALONG SAID WEST MARGIN 223.60 FEET TO THE SOUTH LINE OF THE NORTH 265.60 FEET OF SAID SUBDIVISION; THENCE NORTH 880 44' 45" WEST ALONG SAID SOUTH LINE 223.60 FEET TO THE WEST LINE OF THE EAST 262.40 FEET OF SAID SUBDIVISION; THENCE NORTH 10 12' 23" EAST ALONG SAID WEST LINE 223.60 FEET TO THE SAID SOUTH MARGIN OF SOUTH 336TH STREET; THENCE SOUTH 880 44' 45" EAST 223.60 FEET TO THE POINT OF BEGINNING; EXCEPT THOSE PORTIONS CONVEYED TO THE CITY OF FEDERAL WAY BY DEEDS RECORDED AUGUST 16, 1999, AUGUST 19, 1999 AND SEPTEMBER 27, 2002 UNDER RECORDING NOS. 19990816000053, 19990819001819 AND 20020927001676. First American Title Insurance Company Form WA-5 (6/76) Commitment SCHEDULE B - SECTION 1 REQUIREMENTS File No.: NCS-560481-WAI Page No. 6 The following are the Requirements to be complied with: Item (A) Payment to or for the account of the Grantors or Mortgagors of the full consideration for the estate or interest to be insured. Item (B) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. Item (C) Pay us the premiums, fees and charges for the policy. Item (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions SCHEDULE B - SECTION 2 GENERAL EXCEPTIONS The Policy or Policies to be issued will contain Exceptions to the following unless the same are disposed of to the satisfaction of the Company. A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. B. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of person in possession thereof. C. Easements, claims of easement or encumbrances which are not shown by the public records. D. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. E. (1) Unpatented mining claims; (2) reservations or exceptions in patents or in acts authorizing the issuance thereof; (3) Water rights, claims or title to water; whether or not the matters excepted under (1), (2) or (3) are shown by the public records; (4) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. F. Any lien, or right to a lien, for services, labor, materials or medical assistance theretofore or hereafter furnished, imposed by law and not shown by the public records. G. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. H. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgages thereon covered by this Commitment. First American Title Insurance Company Form WA-5 (6/76) File No.: NCS-560481-WAI Commitment Page No. 7 SCHEDULE B - SECTION 2 (continued) SPECIAL EXCEPTIONS 1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate for the City of Federal Way is at 1.78%. Levy/Area Code: 1205 For all transactions recorded on or after July 1, 2005: • A fee of $10.00 will be charged on all exempt transactions; • A fee of $5.00 will be charged on all taxable transactions in addition to the excise tax due. 2. General Taxes for the year 2013. Tax Account No.: 202104-9004-04 Amount Billed: $ 9,366.38 Amount Paid: $ 4,683.19 Amount Due: $ 4,683.19 Assessed Land Value: $ 580,200.00 Assessed Improvement Value: $ 0.00 (Affects Parcel A) 3. General Taxes for the year 2013. Tax Account No.: 202104-9072-01 Amount Billed: $ 16,346.97 Amount Paid: $ 8,173.49 Amount Due: $ 8,173.48 Assessed Land Value: $ 1,012,700.00 Assessed Improvement Value: $ 0.00 (Affects Parcel B) 4. General Taxes for the year 2013. Tax Account No.: 202104-9001-07 Amount Billed: $ 24,945.83 Amount Paid: $ 12,472.92 Amount Due: $ 12,472.91 Assessed Land Value: $ 1,545,500.00 Assessed Improvement Value: $ 0.00 (Affects Parcel C) First American Title Insurance Company Form WA-5 (6/76) File No.: NCS-560481-WAI Commitment Page No. 8 5. General Taxes for the year 2013. Tax Account No.: 202104-9070-03 Amount Billed: $ 61,271.17 Amount Paid: $ 30,635.59 Amount Due: $ 30,635.58 Assessed Land Value: $ 3,796,200.00 Assessed Improvement Value: $ 0.00 (Affects Parcel D) 6. General Taxes for the year 2013. Tax Account No.: 202104-9069-06 Amount Billed: $ 8,691.33 Amount Paid: $ 4,345.67 Amount Due: $ 4,345.66 Assessed Land Value: $ 538,400.00 Assessed Improvement Value: $ 0.00 (Affects Parcel E) ? 7. Facility Charges, if any, Including but not limited to hook-up, or connection charges and latecomer charges for water or sewer facilities of Federal Way as disclosed by instrument recorded May 12, 1989 under recording no. 8905120210. 8. Easement resulting from King County Superior Court condemnation, including terms and provisions contained therein: Cause No.: 823293 In Favor of: Lakehaven Sewer District For: Sewer main(s) Affects: Parcel A Ij 9. Right to make necessary slopes for cuts or fills upon said premises for 336th Street as granted by deed recorded October 08, 1974 under recording no. 7410080037. (Affects Parcel D) 10. Easement, including terms and provisions contained therein: Recording Information: December 1, 1976 under Recording No. 7612010602 In Favor of: Lakehaven Sewer District For: Sewer main(s) Affects: (Parcel D) as described therein. First American Title Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-560481-WAI Page No. 9 11. Easement, including terms and provisions contained therein: Recording Information: December 1, 1976 under Recording No. 7612010603 In Favor of: Lakehaven Sewer District For: Sewer main(s) Affects: (Parcel D) as described therein. 12. Easement, including terms and provisions contained therein: Recording Information: December 1, 1976 under Recording No. 7612010610 In Favor of: Lakehaven Sewer District For: Sewer main(s) Affects: (Parcel C) as described therein. 13. Easement, including terms and provisions contained therein: Recording Information: December 23, 1976 under Recording No. 7612230644 In Favor of: Lakehaven Sewer District, a municipal corporation For: Sewer mains and appurtenances Affects: (Parcel B) as described therein. 14. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey, recorded October 27, 1986 under Recording No. 8610279015 in volume 52 of Surveys, at page(s) 1, in King County, Washington. (Affects Parcel C) 15. Easement, including terms and provisions contained therein: Recording Information: December 23, 1988 under Recording No. 8812231027 In Favor of: Exxon Corporation For: Access Affects: (Parcel E) as described therein. 16. Easement, including terms and provisions contained therein: Recording Information: May 15, 1989 under Recording No. 8905150794 In Favor of: Pacific Northwest Bell Telephone Company For: Underground communication lines and aboveground telephone equipment and cabinets Affects: (Parcel D) as described therein. First American Title Insurance Company Form WA-5 (6/76) File No.: NCS-560481-WAl Commitment Page No. 10 17. Easement, including terms and provisions contained therein: Recording Information: January 2, 1996 under Recording No. 9601020659 In Favor of: City of Federal Way For: Drainage facilities Affects: (Parcel A) as described therein. 18. Easement, including terms and provisions contained therein: Recording Information: January 2, 1996 under Recording No. 9601020660 In Favor of: City of Federal Way For: Drainage facilities Affects: (Parcel A) as described therein. 19. Easement, including terms and provisions contained therein: Recording Information: January 2, 1996 under Recording No. 9601020661 In Favor of: City of Federal Way For: Detention and wetland/stream restoration Affects: (Parcel A) as described therein. 20. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey recorded July 12, 1996 under Recording No. 9607129012, in King County, Washington. (Affects Parcels B, C and D) 21. Covenants, conditions, restrictions and/or easements: Recorded: April 21, 1997 Recording No.: 9704211043 22. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: James E. Merlino, Michelle F. Merlino, Jean M., Paul L. Merlino and Cheryl Merlino Grantee/Beneficiary: The City of Federal Way, Washington, a Washington municipal corporation Trustee: Chicago Title Insurance Co., a Missouri corporation Amount: $120,000.00 Recorded: April 21, 1997 Recording Information: 9704211044 (Affects Parcel C) FirstAmerican Title Insurance Company Form WA-5 (6/76) Commitment 23. Deed of Trust and the terms and conditions thereof. File No.: NCS-560481-WAI Page No. it Grantor/Trustor: Campus Gateway Associates, a Washington limited partnership Grantee/Beneficiary: The City of Federal Way, Washington, a Washington municipal corporation Trustee: Chicago Title Insurance Co., a Missouri corporation Amount: $60,000.00 Recorded: April 21, 1997 Recording Information: 9704211045 The Deed of Trust/Mortgage was Partially reconveyed as to portion described therein by instrument recorded December 18, 2001 under recording no. 20011218002030. (Affects Parcel D) 24. Easement, including terms and provisions contained therein: Recording Information: April 21, 1997 under Recording No. 9704211047 In Favor of: City of Federal Way For: Innundation/surface water Affects: (Parcel B) as described therein. 25. Easement, including terms and provisions contained therein: Recording Information: April 21, 1997 under Recording No. 9704211048 In Favor of: City of Federal Way For: Wetlands, stream & buffers Affects: (Parcel B) as described therein. 26. Easement, including terms and provisions contained therein: Recording Information: April 21, 1997 under Recording No. 9704211049 In Favor of: City of Federal Way For: Access maintenance road & storm drainage Affects: (Parcel B) as described therein. 27. Easement, including terms and provisions contained therein: Recording Information: April 21, 1997 under Recording No. 9704211050 In Favor of: City of Federal Way For: Dam & appurtenant surface water structures & wetlands mitigation and stream reconstruction Affects: (Parcel B) as described therein. First American Title Insurance Company j Form WA-5 (6/76) Commitment File No.: NCS-560481-WAI Page No. 12 28. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: William J. Chase and Jeanette M. Chase, husband wife, as Trustees of the William J. Chase and Jeanette M. Chase Living Trust, and John H. MacLeod and Sarah MacLeod, husband and wife, as Trustees under the John H. MacLeod and Sarah MacLeod Family Trust Grantee/Beneficiary: The City of Federal Way, Washington, a municipal corporation Trustee: Chicago Title Insurance Co., a Missouri corporation Amount: $90,000.00 Recorded: April 21, 1997 Recording Information: 9704211051 (Affects Parcel B) 29. Easement, including terms and provisions contained therein: Recording Information: April 22, 1997 under Recording No. 9704220986 In Favor of: City of Federal Way For: Inundation Affects: (Parcel C) as described therein. 30. Easement, including terms and provisions contained therein: Recording Information: April 22, 1997 under Recording No. 9704220987 In Favor of: City of Federal Way For: Access maintenance road & storm drainage Affects: (Parcel C) as described therein. 31. Easement, including terms and provisions contained therein: Recording Information: April 22, 1997 under Recording No. 9704220988 In Favor of: City of Federal Way For: Wetlands & stream buffers Affects: (Parcel C) as described therein. 32. Easement, including terms and provisions contained therein: Recording Information: April 22, 1997 under Recording No. 9704221245 In Favor of: City of Federal Way For: Manhole & related facilities Affects: (Parcel D) as described therein. 33. Easement, including terms and provisions contained therein: Recording Information: April 22, 1997 under Recording No. 9704221246 In Favor of: City of Federal Way For: Manhole & related facilities Affects: (Parcel D) as described therein. F/rstAmencan Title Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-560481-WAI Page No. 13 34. Easement, including terms and provisions contained therein: Recording Information: April 22, 1997 under Recording No. 9704221247 In Favor of: City of Federal Way For: Wetlands & stream buffers Affects: (Parcel D) as described therein. 35. Easement, including terms and provisions contained therein: Recording Information: April 22, 1997 under Recording No. 9704221248 In Favor of: City of Federal Way For: Access maintenance road & storm drainage Affects: (Parcel D) as described therein. 36. Easement, including terms and provisions contained therein: Recording Information: April 22, 1997 under Recording No. 9704221249 In Favor of: City of Federal Way For: Inundation Affects: (Parcel D) as described therein. 37. Easement, including terms and provisions contained therein: Recording Information: June 18, 1997 under Recording No. 9706180616 In Favor of: City of Federal Way For: Manhole & related facilities Affects: (Parcel D) as described therein. 38. The terms and provisions contained in the document entitled "Possession and Use Agreement" recorded June 5, 1998 as Recording No. 9806052195 of Official Records. (Affects Parcel E) 39. Covenants, conditions, restrictions and/or easements: Recorded: August 16, 1999 Recording No.: 19990816000033 (Affects Parcel E) 40. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revision) BLA 00-105818-000-00-SU Recorded: August 2, 2001 Recording Information: 20010802900007 (Affects Parcel D) 41. Easement, including terms and provisions contained therein: Recording Information: January 9, 2003 under Recording No. 20030109002453 In Favor of: City of Federal Way For: Rights -of -way and utilities Affects: (Parcel E) as described therein. FirstAmencan Title Insurance Company Form WA-5 (6/76) File No.: NCS-560481-WAI Commitment Page No. 14 42. The terms and provisions contained in the document entitled "Ordinance No. 05-490" recorded June 24, 2005 as Recording No. 20050624000625 of Official Records. Said instrument also recorded June 24, 2005 under Recording Nos. 20050624000623, 20050624000624,20050624000626,20050624000627,20050624000628,20050624000629, 20050624000630. 43. The terms and provisions contained in the document entitled "Memorandum of Agreement to Purchase Real Property" recorded September 19, 2006 as Recording No. 20060919000872 of Official Records. 44. Easement, including terms and provisions contained therein: Recording Information: July 27, 2011 under Recording No. 20110727000011 In Favor of: City of Federal Way, a Washington municipal corporation For: Public right-of-way Affects: (Parcel D) as described therein. 45. The terms, provisions and easement(s) contained in the document entitled "Temporary Construction Easement Agreement" recorded July 27, 2011 as Recording No. 20110727000920 of Official Records. (Affects Parcel D) l 46. The terms and provisions contained in the document entitled "Temporary Permit to Enter Property and Remove Trees" recorded October 28, 2011 as Recording No. 20111028000776 of Official Records. (Affects Parcel D) 47. Evidence of the authorityof the officers of Devco, Inc., a Washington corporation, to execute the forthcoming instrument, copses of the current Articles of Incorporation, By -Laws and certified copies of appropriate resolutions should be submitted prior to closing. 48. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term. The Following Matters Affect Parcel C: 49. James E. Merlino died leaving a Non -Intervention Will. Admitted to Probate: August 12, 2011 Probate Case No.: 11-4-04645-9, King County Personal Representative: Donald Stevens Attorney for Estate: Katie S. Groblewski, Lynn Merlino, Michael Edward Sid Ronald and Ronald David Allen Said personal representative is authorized to administer the estate without intervention of court and to mortgage, convey or contract to convey decedent's interest in said premises. 50. The effect of Quit Claim Deed between James E. Merlino, by the Estate of James E. Merlino (Donald Stevens, Executor), as grantor, and JEMKiiTS, LLC, as grantee and recorded under FirstAmerlcan Title Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-560481-WAI Page No. 15 Recording No. 20130703002015. Pursuant to the will of James E. Merlino, the distribution of the estate is to be through a Family Trust or Marital Trust. It is unclear which trust the property herein described is to be assigned. Additionally, the grantor of the deed in question, Donald Stevens, was appointed trustee of both trusts and should convey the interest of the estate as Trustee of the appropriate trust. 51. Evidence of the authority of the individual(s) to execute the forthcoming document for Merlino Federal Way Land LLC, a Washington limited liability company, copies of the current operating agreement should be submitted prior to closino. The Following Matters Affect Parcel A: 52. Terms and conditions of the Wayne B. Knight Credit Trust under the Last Will and Testament of Wayne B. Knight dated October 20, 2009, under which title is vested. A copy of the Trust Agreement and all amendments should be submitted prior to dosing. The Following Matters Affect Parcel H: 53. Terms and conditions of the John H. MacLeod and Sarah MacLeod Family Trust, U.D.T. August 8, 1986, under which title is vested. g. A coil of the Trust Agree111e1IIL gild all alilcildliieiiits s h�iJid be Silblflllled rior to CIUSIrI 54. Terms and conditions of the William J. Chase and Jeanette M. Chase Living Trust, under which title is vested. A copy of the Trust Agreement and all amendments should be submitted prior to closing. The Following Matters Affect Parcel D: 55. Terms, conditions, provisions and stipulations of the Partnership Agreement of Campus Gateway Associates, a Washington limited partnership. A copy of the Certificate of Agreement and all amendments which are properly filed with the Secretary of State must be submitted prior to closing. Any conveyance or encumbrance of the Partnership property must be executed by all of the General Partners. NOTE: If the proposed transaction involves a sale of all or substantially all of the Partnership's assets the written consent of all of the Limited Partners should be submitted, prior to closin . 56. Matters which may be disclosed by a search of the records against the name(s) of the general/managing partner(s) of the partnership named below, provided said matters represent partnership obligations. Partnership: Campus Gateway Associates, a Washington limited partnership The Following Matters Affect Parcel E: 57. Evidence of the authority of the individual(s) to execute the forthcoming document for Kitts Corner Partners LLC, a Washington limited liability company, copies of the current operating agreement should be submitted nrio_r to closii�o. FirstAmencan Title insurance company Form WA-5 (6/76) Commitment INFORMATIONAL NOTES File No.: NCS-560481-WAl Page No. 16 A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. B. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. C. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured. Ptn Sec 20 Twp 21N Rge 4E, NE Qtr APN: 202104-9004-04 APN: 202104-9072-01 APN: 202104-9001-07 APN: 202104-9070-03 APN: 202104-9069-06 D. According to the application for title insurance, title is to vest in Devco, Inc., a Washington corporation. Examination of the records discloses no matters pending against said party(ies). E. A fee will be charged upon the cancellation of this Commitment pursuant to the Washington State Insurance Code and the filed Rate Schedule of the Company. END OF SCHEDULE B cc: Westlake Associates, Inc., First American Title Insurance Company Form WA-5 (6/76) Commitment M F. 4• f-� FirstAmerican Title Insurance Company National Commercial services COMMITMENT Conditions and Stipulations File No.: NCS-560481-WA1 Page No. 17 The term "mortgage" when used herein shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of a defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment, other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act or reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclosure such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse ldairn or other matter, the Company at its option, may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of Policy or Policies committed for, and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the Policy or Policies committed for and such liability is subject to the Insuring provisions, exclusion from coverage, and the Conditions and Stipulations of the form of Policy or Policies committed for in favor of the proposed Insured which are hereby incorporated by references, and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the Insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. FirstAmerman Title Insurance Company Form WA-5 (6/76) Commitment The First American Corporation First American Title Insurance Company National Commercial Services PRIVACY POLICY We Are Committed to Safeguarding Customer Information File No.: NCS-560481-WAl Page No. 18 In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information particularly any personal or financial information. We agree that you have a right to know hour we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide: to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; Information about your transactions with us, our affiliated companies, or others; and' Information we receive from a consumer reporting agency. Use of information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title -insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on cur behalf, on behalf of our affiliated companies, or to other financial institutlons with whom we or our aff Hated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. c 2001 The First American Corporation - All Rights Reserved First American Title Insurance Company Return Address: Ca[1' qn G. Hayward &_ Dwsn -� ] c#2U FifthAve. 3P Floor P1,� ,Seattle- WA 4.8101 FEB Q' . Y OF FEDERAi-WAS cos �.•;: ,,,: Yy: CaR•H_ EET Document Title. SETTLEMENT A,GRIE mENT;AND COVENANT ' Grantors}l: ..CA iP, 7S 4A TEWAY ASSOCIkMS, a '{ 2shington �..� limited p4ttnership MERLIN0, :LAMES E. MERLIND,`'1►'Rdii-L4A"F. -i!. C : MERLINO, .MAIN M. .. ;. MERLING, PAi MERL NO, CHERYL `• :. , ` : •' L: CHASE, WILLIAM J., TRUSTEE" CHASE, JEANETTE M., TR.CTSTE f•- MacLEUD, JOHN R., TRUSTEE MacLEOD, SARAH , TRUSTEE ` j THE -CITY OF FEDERAL WAY Legai Description: ' ` : Pp of the%Northeast Quarter of Section 20, •`' Townibip 21 North Range 4 East W.M. in King County y' -Washington, ling %Vwt of the Seattle -Tacoma Hijhway7 exopt portions:-. Additional tgai descriptiodN are on Exhibits "A", Exhibii.::"S" and Exhibit .`;`C". of the document. Assessor's Property Tax. =ti Parcel Account Number's: 202104-9070 Z(12104-90€l2 202104•-9001 202104-9072 �a.•,.,.., .:"".-"' .}�% `: j:1'tgh.CityFeda'ay5cttkmcrnC.uver.doc 0010 lilt ctx-12W n. 5Fi71UMMM AGREEbIENT AND COVENANT r ins SoMenwt Aft and Covenant ("Agreement") is dated effcCtir+e the 15tir day -19P6 arA is entered into between the Property Owners as heneinaftr dew n-bed and the City of Room!, Way:" RUCUAI.S A. PAR J me Gaeway As txiates �h Campus Gateways) is a Washington limited partzr ip ]Il whit Lennart Sc haadt is the ga=al partrher. 2. laws R Mhrlian aihd Michelle . Merlin, husband w.0 wife; Jean M. Merlino; Paul L. Merlino and Cheryl w lino, >ausbarid;and wife, collectively "Merlins") are private persons and property Downed in; Washington State. . 914: 3. William J. Chase and JeaneueM. Ctf w hs6and aAd wife; as trustees- of the ,y William L' Chase, and ieanette M. Chhaw Living must -ate Jotut`W Mac ad;`and Sarah + MacLeod,' as Thou= under the John H. M�J�chd :'and:: Spaft->�Lead Fami#y Trust c� � (her cdatleclively -Cha w Macl&od") are pnvAte per oth . and pt+t ty owners in Washington State. Campus Gat way,.Merlinos, and Chase/MacLeod are sohne� het+einaiier collectively ref n-ed :to as tthe "1?raperty iTwners." 4. 71m, Cityof Fe� Way (the "City") is a Washington municipal corporation located kriWashii*" St*. 19, 1. ne PrQperty, As used herein, therteri -1' a Property"'mom, ,�ollectiveiy, titc parcels of real property located south of South 336t1h Stateet, north of South 34Uth Sty.{f extended), and west of Pacific Ffiighway South (Highway 99). in •#fie City.of lFedeW 'Way, Washingbam, as more specifically' legally described on Exhibits A $ and C attached hem and4neotporated herein. The portion of the Property described. on Extn'bit ' hereto is sometimes rqb7ed"to !therein as the "Campus Gateway Parcel." The portion of the. Pi►apexty, described oh Exhibit A- thereto is sometimes referred to herein as the "Merhno Parcel." The portion offthe Pr rty.deed on Exhibit C Iherew is swetitnes referred to herein as the "�C>ha�e P 1," ' a�ewoffx�c: 1 - i term "the Project" means certain prDposed Capital ,.•. A5 used berm, r ects to be located in the West Hylehos Sub -basin area ❑f the City, which are [rnrovement pro.WH 48 WH 1❑ and WH 11 Regional Drainage Analysis and WH s more .fully desribed_ in the , Report" dated December 1994 (the "project design Report"), and 6,g -.6IP - l F � ()jecf P si ReP° ..., 'sn the fi tal .desigxt drawings f0r.,4 to eject dated 3une 1995 ("Final Design"). The Project pcsign Repox# and ftj =Final sign ; attached as Exhibits D and E to this Agreement. The project is,:,Intended by the; City to fmproYe st":Wnwater conveyance capacity, detention storage and watery q�1! •,ntxols, to minaa2 flooding , potential and improve runoff quality in the upper West Hylebos li} and West'Hy1 1't 'basins. The parties,, other than the City, contend that [his Project was Made,hecessas7r, irr:'%rge part, due to surface water diversion by King County prior to the City s ineOrwr4tim `.I The entire area in which the Project is to be located as now proposed air hereinafter determined is sornetime5 referred w herein as "the Project Area." The Project has been .designed put5uant'� the PMect. Design Report and Final :7 D�esign and accompanying technical.: memoranda: 3. DLI A�I• :~ '. A .. ` . mom :tbac-_6-rW n' appeal by 'campus �• "As used herein, the term the • 13 that Gateway of an administrative determination issued .,by the city Qn:..1]eCeettbe 3I �- 1991, streams exist pin the Campus Gateway parcel- r 4. Kni t ',. the term "Knight Property" means that tYertan, real :property south u As sue' of and"abutting:°the Chaise Pieperty. tentJ n F cW3C• As herein, the-tetm "Kitts Regional Detention Facility " means that certain detention facility aeaterf fast of:Higfi'w "9 . terrned element no. I of the Project in the Project Design Report, whin- includes wetlands'numbeirs 9A-and 9B as described in the Project Design Report. lS, c. o.th •tom Det�flt%oi]�_ e i As used herein, .. the tee. "South 336th Detention facility" means that certain ; detention facility located adjacent to and' of the Properties :and. the Knight Property, termed element no. 3 of the Project in the Project Design:: Report. 5 .eux noce�s�swau�.SAI 2 :IF e in th As used herein, the term "Final Design" means the fiW design drawings of y by cr., f2m Hilldated June 1995 and noted as Project number NPW 37403- A copy of the Ffirm of Smith, Smart,FinalDe� n i& will bqx at the City of Federal Way and f at the law lian tabiler,-& Seh*ensen, 701 Fifth Avenue, Suite 39M, Seattle, Washington 98104. At used hereT, the t#�W''Madihui*, Flows" means the volumetric measurement `60�'- storm events. A storm event's size is that froit: 2, 25 oil' -yea of stormwater. flows mtdtiak .,Ir precipitation dm (xr. intensity and depth sac liy expected to recur every 2, 25 or 100 years on average. Flows, withreference to the duration, In this Agr&ment "the Axi�IUM Ows, described :Y o intensity and depth of Wm evepts, in,,Appenfix 606ie Project Design Report and attached as Exhibit D heretd-aftd *OrPoMted lirelfl. edify agrees that the Project has been designed to accommodate the mtprguni Flows desMbed in, the Project Design Report. 901. A.s -. riled herein, in definition number 2—the tlem "materialcliOge" rums any , I Change in OipeLine. Ognment or size, depth of inundation ', red�ctiofi'ln, Load,,carrying 'capacity, dam, loc4on, ;,Ze a geometry, or realignment of the proposed Intertw, main e road which size ir{v ange d= cost of the, Project (up or down) of &-.nlW olves, a cb, An mdmof.$100,000.00- U=nt� to.�vhich it refers However, r�pthing in,Ns `Agreement nor in the casements or other dor -shall be.,injerprefed so as to allow the City to change the intended functi ; 00� of ;fie Project. As used he rem, the tam �WOands" means the areas regularly inundated with water where hy&J;, qti pla 'acid soils 0oquT, acid as are identified in Exhibit F which is a survey of the wetlands and"ffieir 6uffdr arm which Will bt-,-dufy recorded; provided, however, that Wetland No. 1 is not included ift­dw defution of owettands" for purposes of this Agreement. Wetland no. 2 is located on. the C4mpu's Gateway, Merlin and Chase parcels. Two small wetlands which shall be filled, (identified as Wed.arid., i nds. are located On the Merlin and Campus Gateway Parcels respec�vcly.---­-,tufftrs for Wetland - 2 will be established pursuant to this Agreement. The location of Ile wetJaods and buffeii'on the Properties are num fully described in Exhibit F attached hem :and•: incorp*ted hec�. -kI--MWMLJE IA2 77 X W/ yea Lhw S the existing StorMf1oW AS Lased he=, the term "EaSt/WeSt Channel' means and Gateway line between the Campos 108, 1Y roughly located along the property bxiveypnoe d* is rou flows will be accomplished Pursuant to this Oropeilies. The culverfing of these stIOM Mer �0( to as Element No. 2 of the Project in the ProJect Design Report. The at- jkgr4!6me.6t ior d thji� will have a diameter of 54 inches which size, alOng c4ert or -W Ea�tjwesr . to the Maximum Flows. The Final Design hate tzn desMned carry .;-wiffi an dam. ficatti _xMbit G drawkq th" cw4t fiji t�e EastlWeg-OaAnel Is set out in the Final Design in F attached -hereto and herein: 12. As used here, the: teM: "Q6n=.qcted_.$tream Channel" means that certain open of . the the West terminus of the East/West channel conveyances to be'constrvcw.liis Fart iino. Channel's 54 inch culvert or pio tq be-loWled on the MAr prq PCrty. M irate nee Art. 3R d'. ter.. -Mai�qtem= -Acc6ss. Road' means t N inteCacted `A* used herein, the xn.&a-Ang for th� Pfoie _1t The t.VirW, DeMg pakit constructed as Qf maintenance access road to be con herein. the ma;M,w* Road is set out at Exhibit H atiachW' hifeto and into rand #n w ic h a roadway As: used-fieteAft, the term "the, Dam" MMS that certain'AM t . -bit E attached hereto and incaporated herein) which Exhibit will d FI=.ipd as described on b Icon will be located :on thi,-.-thas�_- Parcel as pant of the Project. The Dain"Wil be an earthen access to the V ednd no. 2. The Dam is to Provide vehicular ernbin�erji cr6wag so th a W - . r .0 lino properties from the east PordOn Of those PrOPerfies- Of iMerlin '. western portiori. "&W,* -way road access n w ' " torrallite, detention and provide two The Dam's furic - UO wilt e P. W10 overtheDam. C. During the Team of this Ment, this 'Agrtenlent,-,�hil[ `4�001kilttltr, a covenant running n and the City by 'Me_wrw_ with the land gs it touches and concerns the, land. into the Agreement intend to"bind.-OCif 9110cess(*s iO inte , rcst during the Term of this entering shed as to the first to the buffers of the,.Weoands which -4wU-be- established Agreement, except as 61 Wfil 1* filed of .. reqbrd Vnith-ft'King county development on the Property. The Agreem are "attached as Of the Property rs.' Pro*Ues-.. Auditor's Office and legal descriptions Exhibits A, B and C to facilitate such filing. .......... .4-.1 :7 X SS' d5' ti' ' 1T IS Hl✓REBY AGREED as follows: 1, l ftm 'e ownew Cam. The Property Owners consent to the Project (as more fully desef bed in the Project Design Report and Final Design) being built upon the Property. lrxcept aIs herwise provided for by this Agreement, the Project will be constructed, maintained and folly paid for a9 `capital improvement project of the City. A voluntary agreement will be erttercd into between the City and' iliieoperty Owners (described more fully in Section C.2. bf this Agreement) -vAt" finds -will..be used to reimburse the City for the Project. The City recognizes ._that the Pr, perty. Owners.con t: to the Pmject and enter into this Agreement because they interx! tq'Aer eloV the Pr6perty in t +e:iwr future. The Project, with its boundaries for the wedarnds and fouthe buffers-4 the Wiet ds, the filling of the small wetlands and other features of this Agre,meet - advance ' the development plans of the Property Owners, and any future interpretanons. of this Agreement shall be consistent with this future business purpose which all parties acknowledge to be a paramoudt element in this Agreement. a. Kitts Regi+imal�l *&lot► Facility,.. Tlri� City intends to use its best efforts Deiention :'Facility concurrently with the South 336th to construct the KMS Regivno VIr Detention Facility, but shall have na liability 4' such .constrectFon does not occur Concurrently. The City has designed and "wilf mainta* the �54�"iruch diameter astlwest • culvert or pipe directing the K= Regional betentkon >wacWty's � 1 vs .across the q; Property_ This eastlwest culvert or pipe along the 'RelocaQ Stream" Channel has been designed., to convey all storm flows so that the flows Will not dan age the Relocated Stream. C hanriel ox..the Property. The capacity of the said cIA' Wrt or pipe has been sized ' assurping maximum build -out conditions in this watershed. ''l'ne: amity will not issue permits t4at cause -future flows to the Property in excess of the design .rapacity of the 54 -.or culvert. and the Reconstructed Stream Channel. It is recognized inch eastiv�cst pipe that° -the City is ths= perrmittiiig agency for this watershed. The outlet deirice-fqi tht`fiows will be an engineered structure designed to limit the rate -ofwater discharged iron the Kilts Regional Detention Facility. The outlet device will be the primary means to control water entering the 54 inch east/west culvert or pipe. The.. outlet 4evire . will.., be .4"igtd, operated and maintained in accordance with the highest •stan6Ws"of practice_ n the,engineering community. b. Constructed Stum n Channel: T- he:--easVwest channel which has been designated a "stream" by the City- (a:designation : which .is -contested by the Property Owners., will be in the 54 inch culvert ;or_ pipewithin the northern• f xen (15) foot Maintenance Access Road Easement on the Metlino PaLtel until: � it' reaches the easterly outer edge of the wetland no. 2's buffer as describs d -in the Fink DeQ . Trdih. this outer wetlands buffer point to the north/south stream channel,` the' -flows will no# .be. r' Y :a ' culverted and shall constitute the Constructed Stream Channel. The Constructed Stream includes graduated sides and has appropriately min The design Channel has been appropn Y g encroachment and/ wetlands " bperi designed to insure against $nwncutting, erasion, energy dissipation structure will be r expansion on ttte Property. At a minimum, an erilployed irk the west terminus of the 54 inch culvert or pipe along the cast/west �,'Mi�iw f•• rl�RS Aii�• R__ The Maintenance Access Road will be c Maion t#ie As described in the Finai Design, the northern fed b the C; Prr tY' between the Camp construc ]' ry line us �rtisn of this Xpad will Vie;'"eertteretl drK� the property Pane Parcel: Tice road will then follow the easterly otter Gateway and,-l'ertino in a dirwtion across the Nierlino and Chase Parcels to the wetlands buffer ligt southerly dam swctuie on tfte Cttase;P3ree1, 'l his.road will cross the dam in a westerly direction Merlin❑ parcel so that it will and extend in a northerly direction to the boundary of the of the, Merlino and Cha* Parcels and terminate at afford access to the western portions line of the Merhna,Paredl T•he.southerly pbrt 0n of the road will exceed the the property from the eastern side Of'* dam souq, along tFie border 'of the stream buffer across in an easterly direction to Chase Parcel to its southerly.. prt}p�erty line anti =�tm-Verse Exhibit M it is tehe in` eftl..of the l3arties that tli� IVlaintenance Access M " F�way 99. � Road will be a private road and an esseme'nCis provided for the Maintenaoce `Access in City Property ( WO;r r, .,the .form of w e e�tserrlertt .is set out to the ty by each ..... ' .y -Road l xhi i# I attached hereto and incorporated hexed.` The finished northern portion of the Mainteri� Access loan width will Maintenance Access Road width will be 1 S feet; "tile finished southern portion of the catchbasins will which 4 feet will be on the Property,.,,. S ,. be 12 irL gericral of of the Maintenance Access" toatl F,aserr�ent as well be' alort or in the northem section The dam structure will be approximately 35 feet in width as along -the svuttlexn section. at .its cri st and capable of -supporting H2O loadings which is sufficient for the travel of the City passing scti6ol iiws- Asset out in the, de#"initian section, the dam embankment forathe benefit eighteen inA � l8") cAsirag: fax the; sanitary sewer' to ofe Chase Parcel and the Merlins Parcel. The City of the wstem,:pamarts Own have the right to construct other utilities as acknowledge- that: the:'Praperty` five feet {5') is within the upper necessary in the daiin arta, as; long -as any utility crossing k ackftll ;s.mechanically compacted to ninety-five percent of the dam ernbankrnent, trench (959Z7) of maximum dertsi'lj�, :5uc ud .-Jilteffere with e Cty,s use, in Cw ershha �1 obtained all compliance with al.l applicable, cod , �ftsr the�Prvperty necessary permits and approvals. The acknowledge that the:,barn;wM he tlesignedln•aGcordance with parties the Department of Ecology's Dam Safety, Section.: All parties ,anticipate that the roads width'. An Q#ginal will be asphalt surfaced in the Future and generally of grratcr p,4�K;1T1{X,YFIt u�i39•irf5�wri1]£S.i: - 6 - S '+iC s� crushed driving rock surface (gravel) of at least 4 to b inches depth will be provided by c' City. The City will construct the Maintenance Access Road to Final Design standards. The Maintenance Access Road will be maintained by the City until any of the Pr6perty: Owners commences any development activity, such as land surface s, triWifications on their respective Parcels which require the use of the Maintenance Access 1"d`• for such activity. At that juncture, the responsibility and expense for maintenance shall shift to the••Property Owner whose development activity has a direct h pact on the load. •. na City recognizes that the entire road may not be impacted by devglopmedi on one: -or mate pat�9s: It is the intent of the parties to have the lnaintc ranee xes visibilities ihift on a P;-b.:rata basis to that Property Owner whose substantial development actMty on a'areel impacts the Maintenance Access Road. The lvfainteriance Access Road wlU be used b; [he City for maintenance of the pipeline and the Project.- The Oai-nt6nwica Access'Ragd will be used by the Property Owners, their successors, their agents, designees, am' d other.permittees for: egress and egress and any other purpose reavinably necessary for the use of.the Property not inconsistent with the City's use and in compliance:witi a11. applicable laves and`cot'es. It may be paved and widened in pursuance of faWre development' at the Property Owners' expense, pursuant to all applicable codes and afkr 66taining necessary' perm#s,.•.which permits will be processed consistently with all others Similarly.,before the CO. Notice of tine •Property Owners' 'intent to commence such development activity and: a •spe6fic date .-for the maintenance;nesponsibility of the City to cease -Will- be provided-in,tfic manner set out for O lotim'at Section 12. This section is not applicable.Io,the portion of'the`Project Road ,-t -as decribed is the Dam Easement on the Chase Pa#cel: is section► does riot create a mutual easement among the Property Owners. Mutual, easement$ will he established under separate dgcurnents. T d„ _%tland Ikuqd •e and Buffers. The boundaries of the. Wetlands, streams and buffers, for: ..streaims rind wetlands on the Property are established as set out in Exhibit F'attachedhereto nand incotporatbd herein, and the City fully accepts such boundaries as to the initial 'development of. each parcel or subsequent legal parcel. These buffer boundaries -are basod din the C ly's cui' ent regulations which require a 100 foot buffer for wetlands and-strea3ms. The City is'considering revision of its regulations which may result in lesser buffers arid. ,buffer a*r raging-:_ The Properly Owners are to benefit from any changes in the Ckt 's reguI4tio0s, however, if tlhe tgulations require greater buffers, the City shall not require irltrrtas buffers! ilie Property_-. Moreover, these boundaries can be changed through the negotiation process beiween the City and the Property Owners or their successors in interest upon applicaiian far • a ' site plan. If reduced boundaries are eventually established' as to tho'wetlands they.wiil be binding an the City and its successors in interest. The Ptrokriy Owners grant.- to-the...City-, a maximum inundation easement which specifically sets .0; the form- and ex*s of the easement as described in Exhibit I attached hereto and incOrporateci herein by. •this ,'reference. Although the Property Owners recognize that the Department of Ecology and the Corps of Engineers also have wetlands jurisdiction, the City will• attOmpt to obtain $' latter fiom the Corps of Engineers recognizing its authority with regard to ;the wetland ,bufFe`rs:;. tS C ii S• gfed Wetly The City planned to fill the two small wCdaJIdS on r. the Campus Gateway and Merlisw Parcels as part of its Project. DUB to threshold limits, it has asked the Property owners to independently apply for a permit from the Corps of j. shed as mitigation for these two small wetlands will be accomplished 0kh-of the project by the City on a I I basis. The drawings of the wetlands mitigation am EAWK J. The creation of the mifi gated wetlands will be situated wedan ds created on the Chase Parcel shall be within �Vithinih6 Project. Any miliga , more of the. hundred f6ar:bl the tine difer f6r the north/south strewn or On One Or T wetlands shall not ed, he creation of the mitigated we& properm W ch make up thll�,J? dt buffer. The City shall bear the burden and "tact a any W'eta'& strew d the costs of suocessfutly g s wi�,rd s within the Project boundaries or forgo the same: ,• .. M prolperty.'Owners *M.IIVly..t0. the Corps -.of. Engineers and to the City th6 Merlino an"-C. anipu�---�G*Wway Parcels. The city to fin wetlands nos".,:.3 and 4 on d rform6� f6r.6,e benefit 6f the, Molino and Campus Gateway warrants that it wiJI have:pe for , the', J�ngibtwetlands nos. 3 and 4 fi within ton, is , Parcels, whatever mitigatfiem�arY 18 months of the ProJect's awarded+" If.;jhe..City`u$0& areas outside of the PrupeMes for the mitigation, such mititatio'n-.0all still- cqnsu,tute the 'required :Mitigation Merlin Campus Gateway Parcels. "Cr Poper . ty.!Owners-will.fiotfiave to foulhe and -itigited- Wedandi b , ty upon obWn any bond to insure the creation bf-.tjf� M. th' the app Cation fffi- provided, however, thatProperty dwncrs,shall lye required to post li. to,., I assiociated with each Property Owner's: lde%�610NIRMI activities.: The City .any -,.�ond mitigation is accomplished it.. has no discre�tioli to deny its that once the miti 2 .. .. recognises (6r tIIe,..f,XW.ng o f wetlands nos. 3 and 4. In ti4',diint 1he-Property owners" permiss,ion plipI' with all applicable laws and codes and the Property Owners ation.-is Ift compliance have. paid - --. all required permit fees, the City agrees to issue all n6oesary permits and approvals to accornPlish- such filling. The owners of the Merlins and Campus Gateway patctjs will bq'ar the cost$•cnnrieeted with any applications to fill wetlands nos. 3 and 4. f- ts. .-thi-prope. Y-Owners will grant easement fights to the City h, Maintenance Access Road. The form of the and to the other., PjopeTty ADwnerg:'Mong the e access and maintenance easement agreement _8 id. -the City is set out at Exhibit I attached hereto and incorporated herein byihis reference. The Property OWncM : -will grant easefrient. Tights to the City for the wetlands and their buffer areas ip.d for inuddationf:."he foiii of easements are set out at Exhibit I attached hereto arid` iAcorporated:herein by -this idfemle-e. way Parrtl will gram easement rights to The owners of the Campus Gateway : the City for Temporary Construction for Manhole and Manhole.rX f0iM;-Of the eawments are so out as F-%Wbft I attached hereto and incorporated herein by this refe=ce. The owners of the Chase Parcel will grant easement rights to the City for the DaM and its appurtenances. The form of the easement is set out at Exhibit I attached Jjejie66 aiRd Wwporated herein by this reference. Mdo to,th6 easement rights being conveyed to the City shall be free of all Vionqtaq cumbrances covering the easement areas shall be: di W oy the Pro ck� or the Property Owners shall obtain either perty .: �eq a NOW' release qf such.., cumb "r ,ra-ft' or -a subordination agreement covering the easern�at are* The Property qwn&s ..shall maintain the easements free of all encumbrances and..&f6cti and are'prohibit6d hb!p recordifig- or taking any action or inaction (e.g-, nonpayment of taxes)whichresuld":in any;li n, encumbrance oT defect against the easements. Liabil The Property 0,i ners and the City i it&id that issues of liability with regard to operation and maintenance of th&PrqJ&t and the easements be 0e* mmined vhave no rq§pqris tyunder the vmwt or then existing law 'Pr'Mr,-o .IRM ibili p"' OW ;wha%wvef -far the design of the Project and"its adequacy: The parties intent d that issues. J---de he U of Itability with regard to design of the Project be-daerm=d udder .6 -rent or then existingconstruction,; As to construction, no contract has yet beep ldt,,howe-vtr,,the parties agree that tht City and its agents will indemnify the Property Owners -for its negligent activities arising out of. such construction; provided, however that t 04ners shall be -liable for .. any claims; -demands, actions or judgments resulting 66in..1he Pioperty Owners or any,-bf. th*,-*pats: invitees, contractors or officer's actions. h. ptone ftv.-6Mfr`--Dpvet gpment. The City further consents to use, by the Property Owiw�s yr ihiir successors M interest, of the Wetlands and Wetlands and stream buffer areas descgibW in 19xhi6it. F.- fot:t ie fulfillment of any City gross area requirements for greenbelts; op6n space, or" lot coverage as those provisions now exist or are herem-after amended. These areas may so al tie used for the mitigation of significant trees. It is specifically xccognized ftt thi Gity accepts tree plantings for such mitigation. The Property 6"qs,•or theirsuct"M"i's-ors iff"interest will not have to provide on -site detention of any kind. whatsoever.--6n the Property, but will be allowed to discharge to the Project. The capacity of the Project will be adequ4te-to.accept direct discharges from the Property under full build -out Condition ..,However, the Property Owners acknowledge that, prior to discharge, thq will have. :10- proyidp on;-sito ' water quality treatment facilities, at their expense, as required.by the ,CitY,..ai:the time of arty development on the Property- 'Ie i, fnundation. The maximum inundation level as set out in Exhibit ID and ,ih..-the inundation easement pt,[ it I) rrefiects a statistical analysis of a continuous t. -� historical precipitation record to estimate a 100-year rMuffeaw interval high water s` eli4ati The ealcttlations, modelling and analysis for this maximum inundation level � r � ';. ,,•" h ' Tommissioned by the City. The Property Owners are reasonably relying upon ' thiS`7nfpmnatipn"in entering into this Agreement. It is the intent of the parties that the ,'�.,,,�,.,�• ...,.. � - d and of.e;,; of water in wetlands no. 2 and its buffers will not in_4f � ft:extqu*n of wetlands growth. It is the intention of the parties y� 5 buffers on the P and including #hat.= the w�'itlttpds, and W�and� '�n arty sp ifi ally the babeincreased Ln any way either by the City's actions>or its faiJtire to act. ,r j, P `-bct Mod- Thii Agreement is limited to the Project as set out in the Final. Design. -burg cxmstniction, the:pnrtions of, the Project on the Property shall not be materially chariged,:�wittiaut.:the<prior written egnsetit of the affected Property Owner(s), which conser i shall . iot .:,64' unreasonably �A tlield. The City will not rl materially change, upgrade; ea4pand` or mqdify`1the. PrQ in any future retrofit in a manner which has a negative inipaCt on any of the �'r�pertdy []waters without negotiating • a subsaquem agreement with the affected Property 4wnetys(sj `wluCb igreemetit shall root be .inreasonably withheld by the Property Owners. ; 'Aiati of'�at such =;naWa1 change, upgrade, expansion or modification will. b �giiien to all'the priipert�i O*neT%, Pursuant to ;. Sectigti (E) of this Agreement. The Property 0s`da:Ytot:waiye the ripllt tD lyring any �+ :claim's agar the City for any adverse impacts to" tiie progc�rtY Puruaiit to applicable law: } ;_ VnL ry Anent. in consideration of the agreema4 qontaiited herein, the Pr rty owners' will pay to the City TWO HUNDRED SEVENTY TH66S i4ND DOL ANb`-Nol100,-{iLARS 27'0, .4O) A a egatribution to the Project upon completion of the Project. Each Prop&Jy tjvnex°s �net�ire ponslbilrty is individual for that sum dewn-bed in section (b) below. This Obii�gtion lg not 1 "a and several. a. ` s► of $270,000..Do will br, in the form of a voluntary agreement between the City and th :..PrQperty_:' Uwners.. in `)ieu of forming a Local Improvement District. The voluntary agreement -`will inclk de.i ldiu t.agreement and a promissory note sec+med by a deed of txustY„in'''form acid odtttent accaep#;alile._lo the Property Owners and the City. It will have a tearrn of twenty-:(20) years at an interest Tate between 6.2 and 6.5 percent (6.2-6.5 %) and provide for ap-anntial.paydient; of principal and interest based upon a twenty (20) year amortizaho . The remaining principal and interest of the $270,000.00 will become due upon the e� of -the twenty (2+0) year: r attuity date, the sale of any parcel in whole or on a pro rats basis if pares ;ire divided and -sold, or on a pro rats basis upon the development of any of thi parcedg, k "sale"' all iti�ciude,.the transfer to any third party buyer andlor the transfei of .:rnore than a _Sp %a , ovc+ne iv interest in any of the partnership, corporate or other business; entities cofigxising the =' ,.:.. " - Io •[,l?1 �; V ... _.......__ s .1 S - Rr l rr' J• Property Owners; provided, however, a voluntary transfer for such purposes as financial s 'or. estate planning shall not be deemW a "sale" for purposes of this Agreement. ..•,. r a. '`:. •' }�. The 5270,0IX7.IX1 assessment to the Property has been allocated •proportionally to the three parcels as follows: Campus Gateway Parcel.: $60,OW.00; ' • Merline Parcel: $120,000.00; and Chase Parcel: $90,0W.(l4. The form of the various prornisory notes, : deeds , of. trust and the voluntary loan agreement are attached as Exbibits K-1 through X-3. G. Because of the ctlntribtttion of $270,000, 00 and the easements by the Property Owners' to the City, no other'surface water LID type assessments may be made upon the Property; However., it is i*cogrtized in addition to this $270,000.00 payment, the Property Owners ;wee :that regular and customary surface water management fees, impact foes, permit fees alid other fees may be levied upon ,the Property in accordance with. City regulations. i' 3. lndeqwTmrzadorr 1� any acti►�ities arising oe t o� to6truction of the stormwater detention system, the 54 inch culvert or pipe, the Constnrcteid Stream Channel, the Dam. the Maintenance Access Road, and all other aspects of the Project, or relatedto. other City activities on the Property, the City will indemnify and hold banriless the Property Owners against and from akdemands,.causes of action, judgment$, liabilities and claims of any -;Mind whatsoever and . in anyway related to the Project including but not Lirnited tv.all reasonably' expenses incurred in kP investigating or rEsisting the same (including reasonable aftoipeya' fas): i�'11 VAY t "Claims") (a) :for lass of or damage to property of the City and (b)"for any i.naur]r to or death G of any Peen arising out of (1) the City's negligent use or occup.gncy of the Property or the negligent use of the, Property by any participant in any activity sponsored by the City, or any � negligent -work activity vt . other things allowed or suffered by the City, or its agents, Rl!" ertiployees, or c9ntractaits, t� be done in, on or about the Property, (2) the negligent use or occupaxtcy..vf the ProperV oxi'the negligent use of the Property by any subcontractor or sublessee of the or any pardripaitt. in any activity sponsored by such subcontractor or sublessee in relation to the Projeci; (3) any breach or default by the City of any of the Cie obligations under the Project.; or (�)' any negligent or otfterwtse tortxous act or omission of the City, its agents, employees,-inviteet, or contractors in relation to the Project, provided, however, that such indemnification and hold*-h=pless .agreement shwl not extend to any claims, demands, actions. judgments and/or liabilities ' resulting front the''Pcape:Tty Owners' or any of their agents, invitees, contractors or ofl-icers'.ac6ons. Me City shall; at;the-City's expense, and by counsel satisfactory to the Property Owners, defend ,the Property 03 vners in any action or proceeding arising from any such Claim and shall iuderartify the:'Piaperty, Owners against all costs, attorneys' fees, expert witness fees and. any o0er expenses.,.incurred in such action or proceeding. as�x�+oa.�nc:won.'russrn•rswu�.�.s�: - 11 - ,.. . not be The property Owners shall release the City, but such release shall specifically a release as to King County, from and against any and all claims, demands, causes of deen)id ` €ees and casts) of any kind actis�n, ji{dgmeuts and liabilities {including reasonable attorney arisi-a out of or related to the condition of the Property prior to the City's whatsoev > g ar�d all Claims for a izicor ora on .ba Fctrruary 28, 199(!, including, without limitation, any s i�erse can or otherwise related to King County's permitting actions. This =ta g ' demnativn .. release stial4 i no way iiriterfm"Writ Ahe property Owners' right to file a claim against King t on ac dns, and the City will agree to be named as a third party :'County fan` such the City is a necessary party to defendant if a c�purt,of competenturisdictidsietertnines that Ovnv66 Ain, at eir expense and by counsel satisfactory to the such a-,lAw�it. `fie ProffLy z City, defend: the City ji'i any 'suOh too or prgeee frig and shall indemnify the City against all costs, attorneyrfem" expai with ss -fees and'any other expenses incurred either as a result of the City being Warned indi "' able third party. or as a result of the City having any successor nd to any breach liability for King County actions. 'Phis obligation to defend'rhi� ease does of extend to contract claims brought'by- King County, against 'tl►e i4y. intentional and negligent acts bar Fediral--'Way after Febru3fY 28, 49?0 for which the City would otherwise be liable pursuant to gpolicable liw► Fc k iti5tan e, a subsequent illegal diversion of water onto the Property, malfunctioning - the P�biect, ri ligent maintenance and/or operation of the project, may form the basis far !aw,,; : 11 is als�i recbgn led thai waters yuitliiri the p e flaws diverted by inn Couittyr as � by � P pr�o,j,,�ect may `include same of the ��� below, Campus Gateway Associates`he eby disixirss�s ttsIAppeal f a stream By'sjgoa�' u�- de :rnii tiort inada~ by the City on December 31, 1991, with:prejiIdi&- �. TEM- me 'Germ Of Ails: ftftement skull be for a period of thirty (30) years; commencing an the effecti�re dale of phis Agttiem Ioay 15, 1996 and terminating on May 14, 2026 ("Term"). Upon such teri iri ion this Agreement "I cease to be a covenant running with the land and shall cease to bind 'the pities t�' th's Agreement or their respective successors to interest or are controlling as to the Property and assigns. Prior t ,ternunati n, the terms s 6f t iAgreement any conflict between► file pigraernent and the easements will be resolved pursuant to the terms of the AgreemeaL The termination of this Agreet ieriti shall in no way affect the validity ens of the easernerrts revvrd+ed simultaxte�usly;.witti the rec kdirtg of dus Agreement and those easements shall survive s texminativii doe"permanent, perpotual�aad;,De'6n in fun wand effect after ttan. such terntiria • E. 1, This document contains the FNTM.:AGR�E� betWeen.the pg�fies hereto, recital A...,,,., ,pnrP. r �rnntractual and n0i a.,mere .. . ';, 2. This Aft may not be amended, altered, or changed in any way except in writing, .signed by duly authorized representatives of the City and the Property Owners. 3. Washington law shall apply to the terms of this Agreement; in the event of Otigatiov tone ping the interpretation or enforcement of this Agreement, the parties agree that M venue .bf such IitigatiW shall be in the Superior Court for King County, Washington. The psirties iave`ctoperafi in drafting this Agreement. No greater scrutiny will be applied tb any party' as tho'prim Y` dr#W. S. The parts agree t :any diptits ietween them regarding this Agreement, its interpretation atrdlor erfforcemeoi, shall be resolver) by first submitting the dispute to mediation. The mediator shafbe selected:by mutual co' nsenf of the parties. b. In the event -of any Atigation'to irtterpiet or`enforce this: Agreement, including but not limited to filing suit or requesti.q an arbitratiort .. ,mediation; of other alternative dispute resolution process, and appeals and •collateral' actions relative toany, such suit or proceeding, the substantially prevailing party as determined by the court, or in the'grocpding, shall be entitled to recover its --reasonable attorneys' fees aid at costs.and expenses 4"4elative to stich suit V2 or procee"g from the substantially non -prevailing party; iri ad4ition tQ st outer relief •as may p be awarded, provided, however, that, if the dispute- 49 firially` resotved• •in4 n*diatiog,, neither wl party sb4l recover its fees from the other, except to the extent any --final agreetnent reached between the .parties tb the mediation reflects any consider'i6onHof feesJhcurred'by Any party. 7- If any ' term, covenant, or condition of this Agreerit ait is held to;`be invalid or unenforceable' in arty •respedt, such invalidity or unenforceability sMH pt affect any other provision Hereof' acid this Settlement Agreement shall be construed as' -if such invalid or unenforceable mvisiori" bald never been contained herein. 8. The psions: of this . Agreement are solely for the benefit of its signatories, successors and assigns. No. diixd party betief"iciaries are intended to be beneffitted by its provisions. .: 9. The Property Owners and the City warrant that, each has the authority to execute this Agreement and further staterthathey•havcarefull} read lbe•foregoing Agreement, had the advice of their respective attorneys, and lmaw.,the contents thereof; -and sign the same as their own free act. 10. Time is of the essence of this Agrdett ent ` 11. This Agreement may be executed in counterpart , each of .whic ball #fie deemed an original and all of which together shall constitute one and the same-ir sttafiteht. Itt addi4Pn-,• a�asona+m:vaacu►aarrrcrrrswa=_m�•� - 13 - ' .i delivery of eaceeuted vQunte�arts of thus Agreement to one an via e shall have the al, affect as delivery of an ori�, and any such delivery shall be prom Pdy followed saphe_legal - b� delivM of the executed hand copy. ,�4 •:t� Any ncrfices regttitad � allowed to be furnished pu rsuant to the terms hereof shall ' Owners as set forth below and to the City of Federal Way as Set ; he provided to tI' Property '•' forth below at the addresses indied"ei1 WIow. Notices hereunder shall be in writing and may s handd delivered, m ile , rieli�'e ed t� 'overnight courier services or, if facsimile numbers are w transmitter by fa[sirrsile:CppieS of all no must be famished to the provided : Wo ,: attorneys f(X the.paities; at the addfesses i• y 5r.•. ' . . CaN rates. Lzonard C. SOh dt pus: Gateway: GateWgL Associates Y 1026 Bellevue Why S.E . elle�rue, WA', 98004 Phone: (20 i) 455-4772 a Fax: (z ] 453-V6 . RICAN`METP-k MA �+ 1001 'vlzestiake .N'6rtli •T• Seattle, W'k 98104 Phone: (206) .285­,5054 Fax: (206) 285-853 William 1. Chase 336 W. Shore Drive Camano Island, WA 98292 PhoneIFax: (360) 387-7541 Ai#nr Y f r ersz � Karen A. Willie S[1RTH, �PdART, HANCOCK, TAKER SCR NSEN M Colttmbia'Se iarst Center 701 Fifth Avenue geatde, W &-d&gton "104 Teleghode: (-206) 624_7 .. , :F."ff* ,(200j 624-558I I4 }y -'. . .5,1,E 1• 1Y. y n A_ MW ,1 • tt M jqr MMkyn I. Chasp ltn ua William Beresford BERESFORD BOOTH & DEMARAY 1420 Fifth Avenue Suite 3650 Seattle WA 98104 Phone: (206) 682-4000 Fax: (206) 6$2 ;4004 Paul A. Barrett l3ARRETT, GILMAN &. ZH(ER r7 ' 3600 'First Iaterstte Center 9W Third A�enkie $c ler, WA �8104 Phoije:: (206)_ 464-1900 Fax: (206) 340;1a2`T . -City of Foeral Way: Q rector of Pubtj Works City` ofedesal Way 33530.:13t Way-S.''." Federal Way, W A" 98003 Telephone: =f2Db)- 661�4130 Facsimile: (206) ,%61-41. 9 Attorney f0r..•4C4y off' FedvM Way: LONTD1 K. LINDELL ^: 33530 First Way South Federal Way, WA 98003 Phone: (206) 661-4031 ' Fax: (206) 661-4024 13. Fit Exti'A Legal Descriotio -for Campus Gateway Ex. B.:Legal Description for -Merlin Parcel Ex',' C Legal Desiption .for Chase Parcel Ex. D Appendix D of Project Design Report Ex_ E Final Desigir Ex. F WWWs $buddary Reord .of. Survay - Barrett Consulting Ex. G FirW DeSigr}:DrAWmg. of 54 inch Mvert• - F.x. H Final Design Di wing of.:Maiiiw"nce Access: Road Ex. I Form of Easements or 1) Dam and Stormwatet-Detention, 2) Wetlands, Shams and Buffers, 3) Access Maintenance Roach 4) indndatio, 5} Manhole Temporary Construction and 6) Manhole Ex. J Ex. K Final Design Drawing of Wetlands Mitigation Plan Promissory Note Deed of Trust pron-iissory Note DeW of Trust Note DqW of Trust V"l-uptUity Loan Agreement II ;'WF 'N ?VVIijkREOF, the unidersi ",puties have executed this Agreement on the dates below Wicaud. 11, CrrY OF FU)ERAL WAY: CAMPUS GATEWAY ASSOCIATES: By: --emard:,�Schaadt Kenneth JR. 1 G" Partner Its,on City Manager %- .;2 APPROVED AS TO FORM: By' i K. T. CA Attortier .y mtRUNO: James E. J. Michelle F. Merlino -16- .r f .e .iti J f ,r Ex. J Final Design Drawing of Wetlands Mitigation Plan r Ex. K Prorni5Lwry Note Deed of Trust ,f Promissory Note Deed of Trust f' p;amissory Note ,p6ed of Trust Voiunta-y Loan Agreement "R_q S WHEREOF, tie 6dersign parties have executed this Agreement on the dates below -indicated.,:' GTi'Y OF FEDERAL WAYc CAMPUS GATEWAY ASSOCIATES: By: $ . Kenneth E. de I eor*W..Schaadt City Manager lts:; General Partner APPROVED AS TO FORM: �,INQ: � .. Jl 0 By;' r, 3 vs S. M,er o. *! I:ondi K. Lindell *� Attorne.� x' 0'f ,.,�.•F ' ��� Mich elle F. Merl' - Jean' M. Njerlino n.. 'It a ul L" Maimv`' Wo./ Cheryd M,ilin9„' 0. ihf.Wl.+Ki� .SAS _ 16 - -. o CC�C�MG� _� J 0 N 1 7 Itt-id SMITH, SMART, HANCOCK, TABLER & SCHWENSEN - 77 CHAIM G- TRUST: By: William J. c as of the William J. ctlasc and jcmcna M. Chm living Trust M- umm., as C and of the W..Dram J. ChLSe v& r-t—OA T Mae Trust TR ustm t*4 m"-.mwL=d, As Co-Tj undcr dj and IS. Trust Sarah M=Lwd By, Sarah macLwd. as Co- rm$wc -wd 2W the johtt H. Mad Sarah Mac La)d Fatw4ly TruA CHAIM G- TRUST: By: William J. c as of the William J. ctlasc and jcmcna M. Chm living Trust M- umm., as C and of the W..Dram J. ChLSe v& r-t—OA T Mae Trust TR ustm t*4 m"-.mwL=d, As Co-Tj undcr dj and IS. Trust Sarah M=Lwd By, Sarah macLwd. as Co- rm$wc -wd 2W the johtt H. Mad Sarah Mac La)d Fatw4ly TruA CHASE LIVINC TRUST: By: waliam I- chase. as Co -Truce of the William J. Claw wal Jameac M. Chm Living Trust Icancite M. Chasp, as C(i-Truitee Of the WWI= J. ChM and Imnette K Cbase Uving Trust v TRUST: Oy, I ��; -I , a rl 0' -Ii. M 'Lwd"&o-Trusw unda thd lokn I K. Ada'cLcad and &T� ru3t Sarah MacUcdl lly By! i2{ ;� Sarah M4cLc6d, as tm under dii JohnIi. fila4od. Am Sarah Macl,*AXamily Tru3t 9'rATE OF WASENGTON 6 ON COUNT QF. Mtbisdayof a me, the undersigned, a Notary Public 'ti aY!196, before w d f MY commissioned and sworn, PewnDY appeared E N Kenneth -t or the State of W Yberj to.. M6 mown bp be thb City, Manager of the City of Federal Way, a Washington inA]4�corporafiqvi ihe -.that executed the foregoing instrument, and aeknowledged tW,.said-- . instrqmfm'to 6e die,,fjw and volufit6ky-.. act and deed of said corporation, for the uses and putpos therein, w0n6d, an�on,-:oath stat. &d,that he was authorized to execute the said ge. ; I instrument. wiuno4­ *�d and officW- 111*tO wed the day at'd Year first above written. Ro 4 V4 IAR f �'p i - d 110 the State of 0q.iaiy..PubIIc. in an T Wash7 ington., rencllingat PU13LI J 11:r -47.. ft+yM* coiniffi4siork.:eXpilits' tt Print Namea I-o- em Ott op W STATE 'OFWAS"qTON .......... COUNTYOF ...... before me personally appeared . ..... art"thisthe t Leonard C. ��MwK(or proven on the basis of satisfactory evidence) to be roe general o (-CAnapu� Gateway Associates, a limited partnership, the partnership that &0--uted the within :and foregoing instrum nt, and acknowledged said jIntaq instrument to be the free0vo10 1 deed of said partnership, for the uses and - was authorized to execute said purposes therein mehfion�d,:and`' on oa* that instrument. 6ve td. set m :ha�o IN WUNESS VMBR�OF-J- Y' :and affixed my official seal the day and year first above written. Z-5 OOTRY PUIA pLT4JIC:In and four Washington, restdirig at My commission expires Print Name: -AL&�' STATE OF WASHINGTON Ss. 'COUNTY. OF MerUmo to me known to be the 91i do �may appmrd. before Mc4=3m--E'- per - individual desoibed jo an&who qxecui6d the within and foregoing instrument., and acknowledged 1hat he-slgn'ed"the.-,s�imo as M.�J free apW,,-'votontary act and deed, for the uses and purposes therein &Aciai 4;�:' Gkveh under my hand an this L..:jtly of 1996. Na-ARY PUfU&Jui and f State of Washington, resi4ing'Ot C--- MY cpYiuFiissiQn expires Print:Name: • STATE Of WASMNGTON C06NTY' 01F, On this day peflibiWly appeared before me NUchefle F. Me P tome 1piown to be the n acknowledged individuEd'describ6d in and who executed the within and foregoi instruibefit, a.. d that she sigRA:the *in� as '.her free and voluntary act deed, for the ates and purposes the Hn:mentioned. day of 1996. Given �nd�:'-T`P'y tO4 M4,'Off'64 S*. r, STA.. 'OF WASIONGTQN ) Ss. C�SUI�i''Y OF ) before me Jean M. Merllmo to me known to�tlhe Mnall adadpe Y� acknowiEndividtmi d6saf bed ?n anamho eXecute the within and foregoing instrument, and }� ttraat She signori tkie same .:a5 ;iip free �d Voluntary act and deed, for the uses and rposes therein mentioned. 1996. ; Giveri'�unde niY hand and afl�cia1 s=; day of NARY:;PUBi,IC ii -and for [he tm of .. Wi3.shi�ig,LCin, ce'sidi�g apt _ �.- My camini5sion expires pririi NMme: a1 STATE 4F WAS WGTON6. } qqUN`Y OF T. QEt this. "iiy persor►aYly appeared before a Sul L. Merfsno to ,Cne down to be the illdvidual described Wand who executed the wi and feregnir�g instrument., useand dck thereen that he. sgd wines hid fre�•and voiun act and deed, for h purposes mentioned. day of , 1996. Given uT* iny,,f aid aqH of seal el NOTARY k'[fB .lC•in •apd­fior the State of 1.. Washirigtom, resid�g A. My- comxnissinn expiies Print Name; 951:►IF16.1LMC: 51WD.1..iE.-iA2 `' - 2a t^• p ti• `a nxit,-OF WA.SIMGTON 'COUNTY OF. 0� peMnafly appeared before me Cheryl Merlino to me known to "e .'individuat dektibed in an&who e0cuteO the within and foregoing instrument, and ac edged that 19n she S' Od thd's*m �s 604 voluntary act and deed, for the u and purposes : . therein fl=dortetl- Givei und& ffty'hatyd ard.O`ficial *'aftkis 1996. UALJC in::and i-a_n fad the State of (TTARVY" d Wiishin1glon g at my c6minission ex0i Print Name:'.. t X M STATE OF WASBINGTON COUNTY OF Kim N6 od'ihis_.17thday of June 1996, before me personally appeared William J.:Chaw to uie,k-nowti­(qr p toven on the basis of satisfactory evidence) to be the Co -Trustee undue'-:%,-.$hU` cq'taA' WiMarn j,--­--Cbase and Jeanette M. Chase Living Trust dated And., who ei(ecuted the within and foregoing instrument, and acknowledged the siid instkment.to: be his free and voluntary act and deed, as Co -Trustee, for the uses and purposes IN WITNESS WHtREOFI-PaVe�6reu -jet �My hand and affixed my official sea] the day and year first above written W 7171 OFw ' COUNTY OF K^-►f ) 'bn this# f-7 dayof �� I996, bafarle rrle pe:soaa]ly appaet►cd ,�rEte . [ to me ltnovM (of Pruned oa tE bases of satisfactory endettce) to be rila Co-'Ctu�e t iat ce ri ` Wrnbn! J. ChM and !eal�ette. M . Chafe Living Trust dated v.... '''undgr .whv`.. uted the with and forrga ng instrument, and nvi�I�dgr�tl tl�e t � �tcn�• nCAt ra W ilex free and. voluntary apt d deed, as Co-Trusu . fox the uies PW purPOm. ma►► 1N .5 W have Unto T. t my hand and affixed my ofiicisl se81 the day and year ' M trb c tivxittea. I►fC�YAR'!r I�XC iee.and t'hc State of Washir� , rt id ng ax itily ommissio:ti expires.. I 4; STATIE Sr *� SS' COUNTY of t-0s �,ALt � sober H. 4t AU.���' dajr.af _� �� . i99b, before rtlG peasgnal y appealed iti 3 b the Co -Trustee 'aC�.�pd to rnEe 1cnoru MacL.ead FPuriil Trust dated tinder thatoe]i�ain lohri IrI. Macuod and Sarah y .txeti ed the within uW' foreping• instrnur�ent: SAd - id`ss�st fi ent to be his free and �aluetu'Y act and deed, as co-Trustoe, for aGlsrlowledged:the the uses and ptt,=po= tllgrun mcd(IOtuddt =d affixed m official seal tha IN �$� •W��F I have h�tidta Set my hand Y day Wad iIM first .11bpve ,4 tnn t- DWTAR'yL' PUBLfC s r'at►d for;.thc .Sr$oc of csu�rKa2�i t�1 CAROL n [°,siding at Y eCM ►1GQAI! + it My Co4w.dssin6 exgir+cs �• tMANGRUCOLMI pit Marne:04 CW Mn. a►.pr.s 9,J }y. J ATE OF WASMNGTONi ) 5S. CQUM..T OF } 611 this day of , 1996, before me personally appeared Jeanette ' M: cbw to the kwwn (or proves on ft basis of satisfactory evidence) to be the Co -Trustee tinder tl' t Willram 3. chm and Jeanette M_ Chase Living Trust dated and Who executed the within and foregoing instrument, and acknowledged' the,%dd initrttt it to b� her free and voluntary act and decd, as Cc -Trustee, for ttt8 tsSs ad:tp �uni4ned-............ IN WlTiMSS WHE.PFCI1 :l,f ave her'ei to Set my hwd and affixed my official seal the day and yeax •first above writteh. SrOTARY PUBLIC iri,•.and fdt the State of Washittgt+5n, rpiid ng it my commission e4iress Print Name: eAj 14 STATF_ ORWASMNERON) C COUNTY OF: Less jU&F_ rZ 5 } a; Ott this 177 dayof ,7 , 1996. before me pen6nally, appeared John H. 'MacLeod, to rnt known t.6 be -'the Co -Trustee under that ..4eX ain Jon ":H. MacLeod and Sarah MacLeod Fanily Trust dated .z l q$ aril who , executed the within and foregoing- instrument; and. - acknowledged the siaid.:fnstrt Tent to be his free and voluntary act and dead, as Co -Trustee, for the uses and putposei titer mentioned: IN wrrNF.S� V� " 'iM�REQF I have i munto sit my hand and affixed my official seal the day and year First above wcitteti.- _ NOTA1ZY''PUBL.IC in, -and for :the •.State of GAA.i �o RRf rA CAROL OMER , residin at T COMM. #saw' x Notorr KM@-Cf iftMa My cunrniissiorr res expi: Lto Los ANGELES COUW ow s.am. emplawJUL 26.1PTiri[ Narttc:� i ocom. emplaw JUL 26.1� asswMc� R.x wonr�FxrtTsw�u� sti 22 r J, I M W44— ) ss- ti COUN ty 01F L�,4 h 17k"c&aof • — fty 1996, tbcfore me personally appeared Sarah 1�f On this ­aAcAor-Y IwWwt* to be the CO -Trustee, ci didme 1IknI '. Md SaraMacLeod Fam ily Trust datcd thai 6H.MacLaod o ted e within and foregong innrumWt, anti •use,M Whas Ca -Trusts, far free and voluntary act And deed, i.r:�oWW d said Mnto th tidied. the us" W #U"w the my hand and affixed my of seal ' V i'NFSS � " e licee IN day and year 64A State F. kAJ o A AMIC in and f4i 44 te of CAROL OMER NOTAR 1. comm. 07= rest _: 'its' L113 A11SELES CC)U?4rf CAXTfn_.gir"JUL 26-19% Prid"Nafile: X S WT 16' IW4 V4 Z j; -21 ! X EXHIBIT "A" K CAMPUS GATEWAY PROPERTY .Parcel A: a Y " :• .,.. The' But 319 feet of the North half of the Northeast quarter of the Northeast 4uarter, of Section,10, To mship 21 North, Range 4 Fast, Willamette Meridian, m xihg`County VValtti igtor!; =; EXCEPT the Alnrih 4'i foet thowfoonveyed for road by deeds recorded under :.,recording nunber'�lQBtXi7, end EXCEPT ihat,por iati thae6f lying within primary State Highway Number 1 (Pacific Highway Sauth) as cony eyed -•by deeds recorded under recording numbers 1778234'and 1715474; and EXCEPT the Fast 22M feO of that poriion`of the South 223.6 feet of the North 265.6 feet of the East 319 feet of the Nbrth' ha .f-6f'tho. Northeast, quarter w of the Northeast quarter of section 20,'Township 21 "North, Range 4 Wit, p Wi3larnette. Meridian, lying westexl)!.gf p�mar} StA.te, ' ay-Numbef l .-4 .-.(Pac[fZc Highway South) as conveyed by. dee d' reeorded render iecgrditlg number T778234; ' -i'' .: fAlso' known as portion of parcel B of King Courity..Lot Line Adjustment Number 991007, recorded under recording number 8812Z00807:j Parcel B: The West 280 feet of the Fast 599 feet of the North half of the Northeast quarter of tW Northieast quarter• of Section 20, Township 21 Nosh, Range 4 Past; .Vjl] mate Meridii iri King County, Washington; EXCEPT the North 42 feet thereof -Convey .for road by deed recorded under recording numbdr.,7416080037. (Also known as portion of Parcel B:bf zing: i d6unty t6i Lute Adjustment Number 881007, recorded iivider recording nuriiber-•58122DD807.) Parcel C: The Northeast quarter of the Northwest quarter of•the Nbrth.e�st. quarter' of .: `.. Section 20, Township 21 North, Range 4 East, W ilh nette I+,+Ieridiarr, Jn King 29205MO7.DOC - i County, Washington; Also the North half of the Northeast quarter of the Northeast quarter of said Section 207 :EXCEPT M the East 599 feet of said North half; and ]EXCEPT that portion thereof lying within the North 42 fed of the Northeast .:quaffir"bif-Wd Section 20 as conveyed for road by deed recorded under Y600r&g nmber,1410080037. '.J t1k 292DRA07.DOC if E88iBIT "13we- ' Y KmLrNo Piopmw That porti-ran of the north half_ of the south half of the northeast quarter of the northeast quarter of Section 20, Township 23. North, P.ange .4•• East, W.M.. in Icing County, Washington, described as follows companczng,-ar,' the hortheas5.t...corner of said Section 20; theme .6outh 0037'36. eaof along the easterly line thereof, 657.37 feet to the-e' nor'theas-t rner: of said subdivision; thence sc34th 89" 5'43{�' wes-j '�'korzg•..'.the northerly line thereof to the westerly margin of State Hagthp,+ay Nd.;..1. (also known as U-S. Highway No. 99? `ari thy' TRUE PC]1NIT- 'O BEGgTNN G of the tract herein described; thence continuing south,:89°; 6141! ,we4t along said northerly line, to the northwest"'torner of said subd].v1sion; thence south 00291;36".'east: along the westerly line thereof 326-56 feet to the southwest.• corzf er; 'therepf ; .•- thence north 8902716" east, along„ the south erly; i ie of said subdivision, 893.70 feet; thence north 0-37130" west,•parallei t6 skid., easterly line of said subdivision 108.68 feet; thence north 8902710211 east parallel: to said `southerly• line of. subdivision.to the westerly margii of .6aid !tate Righway No. I+. thence northerly along said wester•,ly margin td' the. TRUE PINT- q ' BEGINNING; ice_ + �,•' V I ,- n`J .''«:„,n N �• s',+' Sys' '+lqi .. • •,{tip.,, `r•i .r •.a' L' $ h i a •Y . _• ti• IF CWE PRUrXKER The land referred to in this Commitaient is situated in the county of King, ,,state .of Washington, and described as follows. That-, porgy .Joa of the south half of the south half of the northeast :,quarter the northeast quarter of Section 20, Township 23, North, Ra re W.M., in King County, Washington, lying west of the S4aftle�-TAcov�a Highway as it existed prior to July 29, 1947; "JiXOtPT." the f6llO;Eig. port gegis ingr a-t.' I a point on .-the weft bound�l t existed prior to 194.- . 7, of t a ; ttla� Taco as I' t northeasterly Jul-,y 2 he S*1 Ma 14;_ way 30 fee of point I . where said west boundbLry ; �-of said highway intersects the south 1-InP6 t'>f the" northeast zquortev ot r.the northeast quarter of h W Section jo, `Towyj:;�hlp 21 No h, Range.-4 fast, M.; -t thence Urest':Paralldl with.'- hf� 90'1 1 like of the northeast quarter of the own the northeas r-quaiter of?Se ion 20*,:;t ship 21 North, Range 4 t east, W.M., 200 feet; _�to line of thence north 0010,1-�,, east. south half of northeast quarter of the south half of said norEheast:t'quairt.4� of ...the .. 2 said Section 20; n' f o' the south half of thence east along said line i o f ."said ..hat -f the northeast quarter of the nbrtheAst -."quarter -.0f -Section 20 to the, said west boundary of the Sea8tL&-TacO'Ma Hi4hwaLYA' thence southwesterly along the hest line. of S4�.at:tle�.-`%O:�oTa Higkatvay .11 .. '.. . .,!. to the point: �:of beginning; ' AND EXCEPT that -..portion thereof conv&yack" t9 the Ptate-14a0 s�tiInIton by. deed.irecorded.-under Recording Number 37226462.,.' �Y N. ell ............ ti it TO SETTLEMENT AGREDOM AND COVEHANT Appendix D Suoporting Technical Memoranda (M 1-1, 2-1, and 3-1) o C14 ti /k ......... Technical Memorandum No. 1-1 Contract 93-284—VM08, log 11 Regional Drainage Analysis Tasks 1.1.2 and 1.2.2 Technical Memorandum Hydrologic and Hydraulic Modeling Evaluation ........ . ... C`1 is F4 1,4 V4 At, TECHNICAL MEMORANDC1 NO. 1-1 (DRAFT) CMINIL TO: Jeff Pratt, City of Federal Way `COPIES: -Cary Roe, City of Federal Way have Renstrom, City of Federal Way FRl7 V>�: IPrrv. 71MeY. CH2M HILL Susan Lewjs,:C142M`Hll,L Steve •Wasson; 012M HILL Pang B4erleiq AQU 4 TF, f7onsultants Joe Brascher, AQUA 'TERRA QdnsidWts DATE: Match 15,1 g.94 *� SUBJECT: Contract 93-284. - WP08;-10, 11 le&nat. Drainage Analysis M Tasks 1.1.2 aiid 1.Z-: Te6hnieal.Nleimoranduru Hydrologic and Hydraulic ,Modeling Ewalttation PROJECT: NPW37403.Aa RESPOND, BY: March 22, 1994 INTRODUCTION This memorandur s immarizes the results and basis of hydrologic and hydraujic modeling evaluation of the mink dral,a$e system. within the City of Federal Way drainage subbasins W 108, WIR16, and W[HI l;-cotnple e-rider Contract 93-294, Regional Drainage Analysis. The analysis extends between the �V 08 trunk drainage system crossing of South 348th Street and the defined upstream liittits of tare, trurrl ' dra-Ma�e systems within subbasins WH10 and WH 11 at approximately South 316th Street, It inclu&s segments of tributary streams (and pipelines) 0014, 0014A, and 0014C as previously defined by: the Hylebas.Creek and Lower Puget Sound Basin Pim. Subbasin areas and the extent of -the', trunk drainage system evaluated for this project are shown in Figure 1. The results of this analysis as interpreted f rM7m he model simulations are summarized for each reach of the drainage system_ These findings are tieing vs6d tq defrlie and'deveiop atternative drainage system improvement plans to be summarized by Techni6j MernorAnduM' No, 2-I, Alternative Solutions Development, Assessment, and `Privritiiatign. 1 MODELING APPROM$ AND OBJEC'nVES.' •: ;, APPRQACH The approach to and basis for hydrologic and hydraulic modeling to simulate expected runoff quantities and. drainage systcm hydraulic capacities was reviewed with City staff and other ' copir4cted 'dvnstitiants in a meeting held on November 30, 1993. Based on the results of that t;m�cting ar[t further discussions with City stet% the selected hydrologic and hydraulic modeling approach within: these $ubbasins consists of. • Use qftfit EPAtorntwater Management Model (SWMM, Version 5.3), RUNOFF blacl , to s nttlat watr%zsfied,,prwipita►tio�n runoff response (at "micro" basin scale) for a totid of four selertedjecurrvna.interval design storm events. Use of tl S*ND4 EXT- AN :block -to simulate hydraulic capacity of the trunk dra�iiiage system i�ased.un SWMM RUNOFF design storm flows; use to define R1 drainage systeml'faciiiiies adeoacy or !* iciency and to validate -sizing of alternative improvement .� Modification and refinement (at " mact'v" - Asita scaio of the existing Hydrologic Simulation Program Fortran (HSPF) 'model preyiously dey-ploped for the Hylebos iind $asImplan; use to .va4dc to regional der nWon sizing Creek and lower Pager Sa andtfcnnnction, to establish maxinipm water`body elevations; and' o determine seasoiital inundation frequency. depthti-,anri dhration statistics: t selected 1 cations Witt" the drainage system. OB3mmikS .y Thc,key objectives of the hydrologic and hydraulic modeling evaluatioiir.:zijbde, • Tiitientsfy eacistiig level of flooding protection and improvement needs within the existing: trunk drainage system. ■ To provide thtechrtital`;+basis for sizing and capacity validation of trunk drainage systier&.iMproverne ttts. ■ To allow quantitative assessment of potentiak'upstmam and downstream benefits and impacts of alt natitie trunk draifnagg� system' improvements. ■ To provide a comparable city-wide ioasis1or 6rtleing and prioritization of trunk drainage system improvements '' 2 •`- s. I►'IODELIIHG CONDITIONS, AS9 4Pj'JONS AND LIlI+ IET AnONS ' e: � CONDITIONS r= t Modelins..conditions for estimation of subbasin runoff and trunk drainage systerrt capacities are as follows: for the, SWMM and HSPF models. F SWMAI Modeling 1. .£xisting.,moned land use, soils,'aftd, topography combined with the existing trunk drainage system (conveyahce and .storage)-, - 2. Future tuned lotto use Cvmbin with alt..&M-t ve drainage system improvements (hydraulic analysis to be-tompleted and,,46curne.d with Technical Memorandum No_ 2-1), 3. Design stomi"b'asis of d-itionth: 10- gar, 2$v •ear, and 100- ear, 2�4-hour duration events a y- Y y considering an SCS` Tyke I A:'precipitation: distribution. e-1 HSPF Modeling �+ 1. Existing land cover (from aerial pl}otography), soils; 'and topography combined with the existing -,drainage system (conveyance and storage). 2. Future zoned land use combined with planried..dtainage systetu-impraverx ents (analysis to be completed shd documented with Technical Merrioranduim 2; l) 3. Contimow hist6rical precipitation record basis with statisticaf analysis tci estimate the 2-, 5- and 100--year recurrence interval peak flows. ASSUMPTIONS The following, -key assuthptions were -ma le,.as the basis the SWMM and HSPF model input and results: Effecdve Impervious Are _-•(kLk) -:All ide4i£ii d impervious areas are assumed to be directly connected (effective) impervious areas for SWMM mQdeF •input (for consistency with city-wide SWMM modeling evaluation)_ -For HSPF model input, the EIA assumptions are described in the HSPF Model Input section. Non-contributory Dminage Area - Subcatchmerxt areas draining :io indtration systems and self- contained depression storage areas (two areas) were.consideied for the SW-MM RUNOFF analysis, but eliminated from the SWMM EXTRAN hydraulic model. ;For HSPP,modeling, only the infiltration area was not considered for analysis. 3 a,. k :... s ,Unite Derendon systems - The muting of flo ugh individual onsite detention system, r%dth r .excolion of three in -line detention basins VA the Upper WH 10 and WH 11 trunk drainage the l? system, Js not included in the modeling analyses_ General effects of onsite detention (including 1 106ahzM flooding) are considered by SWMM RUNOFF modeling of flow restrictions using "gumt pipes" to limit peak runoff rates delivered to the trunk drainage system. U"Wracred Flow and Hydmulic Losses - Drainage conveyance system capacities are modeled fat unobstructed conditions (no sediment or debris); minor hydraulic losses (ie, manholes, . junctions, hinds) aro rffodeled in SWMM EXTRAN by adjustment in hydraulic roughness ...'. , patan�eters Drainage System Oerftaws -.simulated overflows (flooding) in the trunk drainage system that are not impounded. by. topagraphic feats z s (uW-thtLt..are considered significant) are hydraulically connected to dip lagfcal titiwnstrea�' �ticatiori of �lo�v interception. Minor flooding volumes are not hydraulically,conneci ,:and:�re assurned;`Ipsi,ty the downstream drainage system within the SWMM EXTRAN" model LZUTATI INS The results of modeling simulation of dc�inage.basbi rurioff:respori'se and drainage system hydraulic capacities should be interpreted 0 the context of `the fa11°wit gJimiting factors: .,m 1 Exisdng Dalaba9e..- Models are based on the AAilable '4atx' base as `prigvided 6y. the..:City; where conflicting::data existed, clarification and interpYefstion' were typically" made in Corrjunc .ion with City staff•: Ieggding data use or assumptions; where field survey "iar record dra*ing data were not aVailabl�, the, best available information (typically topographic map;4ata) was used fnr analysis. Modfling P*grams,�Thy HSPF and SWMM programs are generally,,reg.a�dgd as' two of the most sophisticated 6odding tools respectively for hydrologic and hydrau&. analysis. However, as -with all-niadels "litnita4gns exist and simplifying assumptions have been 'made for their use in simuNEOon of w;;;;--`respons6 and drainage system function. Use of Mode2intg ResulpFL fer pesign Assessment - The results of the modeling can be used for improvements deSipn validatibli_ H�rSweyer;;m, ications to reflect system improvements will be needed to correctly deg ct hydrraulie conftcrls that ,affect system design flows- Hydraulic profile results in open channel segments am limited .in accurack by the extent of the available cross- section data. "s R Y MODELING kn$41S AND BASIS HYDROLOGIC ANALYSES i- This section sutnmarizes the results and basis of hydrologic simulation of watershed runoff t response M.-Mcipitation using both the SWMM RUNOFF and HSPF programs. Apl?E4NG RESULTS w�' SWMM Sulbt Wokient Area Runoff.. t The results of runoff simulation using• he S'V4.MM RUNOFF block for subcatchment areas within the WHO8, 1MIU, and'Oftli-�ubbasins a� shown in Tables 1, 2, and 3. Estimated W4subcatchrnebt area runoff voluuws, -Nak flow; raie5. and unit discharges are summarized for the 6- r4 month and 25-year, 24-hour design storms for existing and future land use conditions. For ,t existing conditions'. peak runoff rates are typically for unrestricted lateral drainage systems unless otherwise noted (shaded). For those, subcatchrnenzs, a "utter" pipe was used to restrict drainage system inflows to existing lateral PiPe full -flow opacity (as -noted under the "delivered peak discharge" column). SWMM and HSPF Trunk Drainage System Peak Flows-:,` The existing condition estimated cumulative peak flows for the recurrence-ioterval design storms at selected locations along the trunk drainage system ffrarn- SWMM EXTTt,,4N results) are shown in Table 4.. Junction numbers reference to the City's GIS. araiziage systerp inventory data or assigned junction numbers as shown on Figure 2. For areas flvoding occurs in the closed drainage system. awrflow rates are noted separately. Comparative existing icondition recurrence interval peak flow estimates at HI PF analysis points along the trunkdrainage system- are shown in Table 5. HSPF flows north "of: South 336th Street typically reflect those results from the SWMM model analysis since existing flow restrictions and detention/flooding volume control discharge rates. For the trunk drainage system reach south of South 336th Street, the HSPF results show an increase in peak flows as compared to the SWMM results. This is due primarily to the effects 6f the existing Kitts Corner detention and the continuous flow simulation basis of the HSPF model. Longer duration events in the precipitation record msWt in reduced e'ffwtiven= of the available detention volume resulting in higher outflows (overflows) across SR 99. MODEUNG BASIS s ,ti,%• Drainage Subbasiia)Subeatchrnent Delineation" The delineation of the WH0$, WH10, and WE l drai.hagd suhbasiris used in. hydrologic analysis were provided by the City on GIS base maps. Refinement in: bou:idaries ,v,crc ruade based -on field reconnaissance and record improvement drawings provided.by the City. The boundaries. 5 TT s'�• i C. Q gy�y .Ty Q yy iQ Q 'yQyQ6 � .a ��w pg a� o F Y/ q�IN M'a �� V F m'V �0 OO.V O k d i�;v .p j iP ;P p i6 b,v�-•,d N 0Y ••� O s+i#•w ;�' w 0� m} a G. AG w bi �01 ilab V bi N r a} il.b w r b-w:�aip s ,•, [11 ..� YS+� O.Y Yi4 a RYiq.3 #i7� Opp V C �N fiii r+O•a 5r:+bY mi . ;�o+-o •v �q ip+p goo Oooi7-+O Q,Q O.+Dogg0000•o ams oQ4 O 'a n,, ON b 3Yje 31 PO 4 : bO IX Oi b O aO,•• is riq iP d f0 N.*i i►.''N tll ii r '�•• �+oioe. Y __ iN iewo.+iin r 0 fO •a r fp io$�Oo + N Y N oin N O 's+ Q w QQ40GOa o�gopP;.00000 opgiDa'daeq04 -IL aa2 o+ oZ°i�iNr`�N Y u'r Ym fiYlip r �"p o �Yi. aa � Q iY row VI }o Caliv W.o O V o A v pia r':•dNe. �r ei0a b 4 p;.�iS'�.• �.f O r �R i➢ Q w �j7 oc A 6 .Q�i _•. �� vv o� m•v=.d- r ruw a►•:oio IM = iomo� . .0o C!*i0 :4 ea'. - QP.cn gwomAlwp, laa �yo w e in -- US p 'R N b PF a o aka mi4 �i9gnwm v��4 Mi vrSS�� 2 n F � 0 Fft 33 ..wwyy b. fd A. r a r (p a = � 9 N m m C7 g�iatS,w�°R. C$:n$c"�� v OraR10 G+b.?•+-m 0 aai. CCnf w is ofs b O+r:qb •mG ?Rim p O d r�oi.a id tlrm 4iodro4is d4q-.DqQ q�q «K Co. Co. 61 Ua ►1 ii0#n!. q•q a if.OPw rOd ra Ob (C0 ;9,a x isd. da•Y V,!}C-�.O ci �p fi �Nw vwao NNr it 111 fh �_C.IX iDaC Nrq rbi pl W•w �, (i oa+ICNb r�Na NlVOa IM �D T 7t c C OQO9 aY as a(� odo,dOt1O i.h4b.��gqieiiY po YYYY#s'# Pip aspOO;opOOQQOop Y �iueayy�77� Rn � r O m 4 N# r N •fJ .!' N r, N N O N O •+ N •M. IO E O 50 } V [Y ■ D 31 Tc m N d m O N m m 4 6 a Y p r in V m r+ .P Y .+ 1. G N IN id •ia _r 910 .� O G ] b .a N r r N 'r :,. w a r.z rn q A V Ci � N L1 N V a V r 40IPH .. �: r O m ...O+r pp a m r 0 0 +� m� {{ Jlr 9 r..�rrr r U r 4 U 6 m g o O V 0+ rrrrr O .p O o V P p 00 u@ rrww.. pQ O p ;y ... p O �r00��o.�C p a d I � - D i N Ib V N 71 mile ira m mm Wr ba.., Ian !43 w I., it 0 3 1A !P PP! l j. 2 a C; 112 0 Fl T, qcb fl ! 'to I so A, A, 0 O'll CP '40 5mm m -In All PCPca 0 -0W NO" i 0 -W 0 m ;D �w is 1, -cs a 0 ja -rl M CD 1163 w P, 0 m 6 > -4 ;P6 -n n ro -4 ?Z W 4CII P 1p 9 P jr 9,12111:1 &.1 MAIM= ImPOS !AL j& 10 42 lip IP b 1 2-11 .0 w I 0 A ln V. 0 1,910 r s gn p 71 w c a 1 0 mi' !in PC la -4 b 0 2 1'w It iq F; in 1m — 0 to -,a -ip ablb aQ ;a ma rn 0 1- 6 ia 4P.0 G ia P Id 'wa 00 �4C, Ftl OF P ca :,a im ia G., w uv th CD ti u C) m z 8 1 CD0 — M — — — — ro — F — 2 — 8 - 0 x 2D M MC m a c Z .4 to 13 0 M U:g 4r- 99 ms ID T t . a !sr SL 0 ENO 46 ft to a ca a�n+gym 50 !A :E FR mom: w aL CA ML CD im to C C.d. Fa :j Im co -4 40 CD P 40 :FL 41� 50 0 b. _4 t., w. CP) � to — C.) ca m ra CPS N 10 &R im ro (m in b A ixoL.Wwww ip b Q M A I I I I I I w WO -4 -4 10 12, 1 10, coo QD " 90 O - N rn W W A in ia 4k N h7,. ia io rn ca enao p P tcl p Co M QL pa Im p cl 0 cn (a ul 33 cpm 4. J, -4 ra i 10 -4 0 01 ill P 7- IN .010 Ar to En co ED -4 On g q ca ro to mi C3 .6r 7F, ZIM used for hydrologic analysis are shown on Fig and 4. T•otai subbasin areas are appraxitmateIy 199, 411. and 274 acres respective ly for the W[08, WHIa, and WHl l subbasins y (including non-contributory area). Further breakdown in subbasin areas (subcatchments) used to effectively model hydrologic and hydraulic effects were made individually for SWMM ,and HSPF modeling assessment as described below. SWMA# Drainage Subeatchnt at Delineation - A total of 66 drainage subcatchment areas ranging, in -size up to 45 acros were evaluated with SWMM modeling as shown on Figure 3. Tables J-; 2, and 3 include a summary of subcatchment areas as referenced to the area designations on, Figure 3. HSI' Drainage Subcatchment De4di.&dion­-•The 16 subcatchment areas used for HSPF modeling are shown otr Figure 4. Subcatchmen4 arm corresponding to the map designations ranging horn 11 to 169 acres axe doc 6ient `j� Table A-1 (see Appendix). SWMM RUNUI" F Mode] Input Hydrologic model input parameters to the SWMM RUNOFF block, for -design storm runoff .. simWation are described below. rDesign Storm PrecrpUadon and Distribli#04 - lice design storm precipita6 values used for the � � 6-month, 10-year, 25-year, and 1OD-year, 24-hour duration events are:f.34, 2.9. 3.4, and 4.1 inches respeeively, The hyetograph representing the SCS Type i A distribution. of precipitation 1` intensity used For SWMM RUNOFF input was taken. from :the KingCo". Surface. Water Design Manual .(.19902_ Land Use a-ld Impervious Cover - Land cover parameters for existing "and (future land use conditions were developed from zoned land use maps with noted adjustments as provided by the City,: Subcatchment areas were. intersected with the land use zones using the Gs S data base provided by the City.: ' Impervious cover percentages were estimated for the nari6us zones using the percentage ranges provided by the City. For existing conditions, impervious cover percentage was reviewed in conjurtctiop with Sell ember 1993 aerial photography for selection of percentages. Adjustrnent5 were made by observation where actual land cover is significantly different fmm existing zoned and uses_ For: furarc land use conditions, 100-foot width stream and wetland buffets worn assurtaed for intersection with the zoned land uses in estimation of imperous. cover percentages. Computations -for weighted impervious surface area within each subcatchment area were performed and documented.: Softy, Infrlrration and Depression Storages - Soils,.types and extent within the subbasin were taken from GiS maps provided by the City. Soil type hydro)agic grou� classifications were determined by review of the SCS King County ,SoR Survey.= Maximum. and rninimurn values of infiltration parameters for use in SWMM modeling:"were; selected using: guidanm-ofthe SWMM users manual and are shown in Table A-2 (see Appenidix,y. Depression storage parameters for impervious areas were selected using:Fgvrg-4 18 in the 5 ,r lY -SWMM users manual (dependent on the average*atchment slope). Pervious area depression storage parameters were estimated between the recommended values of 0.1 for grassed urban arm and 0-2 for forested areas- 1 w A Tables A-3 through A-5 (see Appendix) summarize the resultant predominant soils chmif cation, s depression Morage, and infiltration rates for each drainage subcatchment aroa. fidszn Width - The basin width parameter used within SWMM to determine representative ,-A6verland flow traveL-path lengths was selected in accordance with the SWMM user manual guidance frbrn ..fitspection of drainage'system alignment relative to the subcatchment boundaries. Selected values for each.subcatchrrent ale tabulated in Tables A-3 through A-5 (see Appendix). ❑verknd.Ffoir Slope r Average overland"flow s)Qpc,for subcatchment runoff was selected by inspection of tFse topographic Um.,ta�ps pro n 6& by the City- Selected values for each Ell subcatchment area are shown in Tables A-3 t1lrc+ugh A-5 (see Appendix). Overiund Flow Roughness - Mannitsg's hydraulic roughness coefficients for subcatchments impervious and pervious area. runoff were selected based on..SWMM user's manual guidance. For impervious areas, a value of .0l4.:vw used. Fbr 'Pervious areas, an estimated weighted value between tliat for lawndgrass (0.13Yand trees: (9,4) was used.: 11SPF Model. Lt put '� ``�� .� •.k The Hylebos Creek and Lower Puget Sound Basin -Flan HSPF mode1`hais•been used with mpdificaii4n for purphse5 of this analysis. This has included ..pre�ipitation record update, drainage subbasin. modification and subcatchments addition, and `land uselcover, soils, and slope - data updates.to reflect the City's current GIS database. These rr ct.del input parameters are described in more detdil below. Frecipaaaarr-and Evsrporrrtion Data - Runoff response to historical precipitation was evaluated using' the 42-years of sytnthc. iz precipitation record from the Sea-Tac Airport NWS station with adjustment ,to. the Hylebos watershed amusing a 1.13 scale factor. Evaporation data was taken from the Puyallup recor4g station. Land Use and lmvei viop s.:Cover - Land'eol+er data for existing conditions was taken from the September 1993 aerial photographj!. A GIS land use layer was developed to categorize the land raver data for intersection with, GIS soils and slope (topographic) data. The :major land use categories considered for IHSPF 'mQ�44npuit are: Single family, law -density iesiderttial i4 1• dw l� unit'per acre) • Single family, high -density residential (3-7 dwelling -units per acre)• .. • Multi -family (7-30 dwelling units per acre) 1�,. and paved areas) CommercW (including industrial, S, Forest Grass We-tland T.-D,establish model input,,parameters, estimates of impervious and pervious area were made from intersectionof HSPF Slibcatchment.,area %with existing land cover categories. HSPF model input requires UOC O'ctlecOvt (direcOy conne;lcd re impervious area (EIA). For consistency with prior basin plan modeling, effecdve,�,ds ;=Ivr the land use categories was defined using regionally accepted val(= of i0tal peptrpti "Ou s and relative percentage of EIA as shown in impeyvi, Table A-6 (seeAppefidix). The remaiiiing soUaw_ hment area is considered as pervious area land segments (PERLNDS),, and is classified based on underlying soils and slope categories. SoUs, vegetative Cover, and Slope Paramelm - -Segmentation of P.ERLNDS was made based on soils, vegetative cover, and -land swface slo . A total of Pe nine PERLNDS were used to reflect variations in soils (till, outwash, saftirated); vegetation (forest,. and grasp), and land surface slope (flat [0 to 5 percent], moderate (5 to 15 peropntl'and steep [greater than 15 percent]). The resulting PERLNDS parameters used for analysis am shown- -e Appendix). In ' - Table addition to the. nine PER124IDS considered"for analysis,. one :-rvioutiand segment (IMPLIND was used to represent the EIA previously dw'ribcd for all slope datpgories.. Table A-7 (.see Appendix) summarizes the regional PERLND and FMPLND model, Mipu t., pararn.eters used d in H$PF model modification- FIYDRAMC- ANALYSES This section summaries -die results and basis for modeling simulations of drainage' system capacity, flooding frO.q uency, and level of protection using the SWMM EXTRAN model - Comparable insults front -floor routing analysis within HSPF are also presented.' MODELJNG RESUM Trunk Drainage Sy"_CQPaCities and' Adequacy The results of SWMM EXTRAN hydniuhc analysis ibf the t.yup.k drainage system for the 25-year design storm under existing condI6.qns.,ire shorn in Table 6. -page system reaches are referenced as between junction nurntiers (from: Cit . Drainage .....V inyeatory or assigned where not available) as shown on Figure 2. Results for closed (storm drain system).fi-!=hes, aj en (channel) reaches, and detention basins are summarized individually. in. an upsurwn to.downstrem- order. For the storm drainage system reaches, the results define "the admuacy of..or deficiency in hydraulic capacity and show locations and magnitude of projected flooding. Full flow (normal depth) and maximum flow (surcharged) pipeline capacities am. shown albrig with- surcharge M . ............. 0 ti m �xx�i�xx� fi% r•• r r rp CY q� � � '.•I. J J i 1 J J r r r r i M J � �Qti 8 Q� 1g7 O � r J �■ NNN i J .i Npp J w� J pp � J N1t7r a► J r .r J r ..� n■ err .J :J .� r •+ wr.a �. r� r r •: J �F M r i� J •.� r G �i J o ���� ... i N J O �L#�G: O OSmpe� AGiNJOW fp '►IV IW is •�W Nr J•rti�� V J w DM 0 Z yY ,�s7, =�. Z`� �' r •■• t'liN�y pA N wL rF 1.■ .M1 r .1 N rL r r pi17 rF r r J J.�.+rrrraJJJ rr� J r J J .� r J rr..a i J ,y r .ate r r r y' r �Y tii p .� J ppp ..� r to •x••�+� .: Q ro� C7 .. aDari'n AN.� m+GOW V IwQ1 ►W NN �►4�� V Im�r m Ti 4 �K 'm IW +AJ Njrr� at cq 01 ' m + �JJr e; L� Im r.a � � W •ia N m srn 43 D 3 ADn.n) A'�JE'll O 0• •. IM:K141 C1C7C?�C]�� :�! ., ro �?---I—�� C5) D�CIOI M2 4•—�� DDOOmrn nn m 3 3 aa�'g�:s�i'�.�ya���GOn!o: �. '� ���-00 n � a chi .: ;�C �y xx:ixs:x ,Cs + ry n e czs rzi r .S.. • : � 5 C3 i m ■ A AW IW L IGh •OD O m.• :• .� J Qq r •2 �o F •. IGa IA1 G '8 Q CS m .,O �o � .-- b. r A 00 41 ►1 G a � ci r • Q . ': • • jl . . •r. A � A !W .A !- rW �� GS �r .Tfi r . ,r .NV ., :wCO 1N ",' .►! r �• Z1 A v. Lfe .; toUU IN -+ [d to w m'pp ::+ CO IM .W: V •a. r ;OY V LT• to en ij, C C] - C7. ''VA7 r r h7 + or u. 'A 4 .1 W rs a ates A • r : +t Rt h7 a RJ w to m C7 ca Lh OV1 VT7m miW fO}�OiW gdvD:�a�AQ 11? M� 1� m m 0 .. • v' a' r,: • o o 0 aNaa o o r Z to .CUoatoo {ooa N • • . 1 ♦ 1- 4 r qq .N � r • 1 N C D V m Ga • q Q amm us us mmr�nrnrn cn rrnn rh irri m uo mmmm•+ ' :� ti;immiifYr>'rnm@moo P.— rn m m ,� ,� un �, rn va u# rn :rn rn rn 'rn sn mm m " m -n Z ,•a .: W 11V �* � t7r m iW NCV r :N O 117 O • • , • , • ' •f� . `, ..i . . .: � •m�.•x 'pti! 2 n N P7 A A � •+A 43 'C77 N � �'tp aa, • r ,y �. X Z. I I �Q{� 'LrS7 � As 8 � 8 as s 's0C,I* 9�m >0°zc a'aa sus s�seg,�ss`"�as �.i z S ��x�� SS�SB�r ��� y 2= o m ♦ t�iea rJ -t i c4in�iiFs d w F) i Q•b .+ O O" W i��.1 . O �Q pp� Q d q J i0 Co O G m prgp 13 M1i O%a7 �D IDI d •fA qp iD pp 4 � ' .. Iw Qg •an m ra w Iw fiT • . ,, r s N .: .., N � .- Imo' t ihi fAW.y; ;� �miA2�sm� � a Lr iA � n n.0 00000i a c7 {a =m = 1Lrsann92 zzzx: -- x rr 0 Z,4 'Pig ' •� o'er«fN' v'pwiCf ,m iip iW 47, ilu T7 M31, ' •f.1 .1 d 0,046 io 1 A 3 C ,pQ ��, •C •a? �¢ •C iC W Rl : :A -Fa M io N a �W i[a O o 4 C N b ' s :IO •ib _ m �. z OOO�p ,gyp f'• j O6 y0OW D y 17-0 a m z W an m0 �z Z in viw�AC�tA [n00 � rA Ennt►;� , m� ca.,. cu IMm o 47O O bf LRA Dy Otr W to aT w O)W •W, V M..X0 �n z La1i eN CO4 IM ��A -+i ,OGA0a PANOi w fm 17 � CN ib :� Rl+N tovI, � N OC:.:' M, r,yt 0 0�!A m 1 � m x z ow Is asc Q �M 9Ym N T d a � y 0 N 9 in W m� i� 41. Z4 IV0 - depths (above upstream junction pipe crowns) ar lume of flooding (if -overflow occurs). -'Based on city criteria of one foot of allowable sure arge depth, the need to consider replacement (improvmnent) of each storm drain reach is noted. The results will require further interpretation in 'alternatives development since in some cases, downstream surcharge depth results in upstream �. function surcharge greater than one foot where reach hydraulic capacity may be adequate. Also, :. ' dull flow capacity may exceed actual capacity in steeper pipeline reaches where pipeline inlets control capacity. With drainage system conveyance improvements, possible future flow increases with removal, of UP stream hydraulic restrictions may affect the existing drainage system capacity "i where sbowin to be adeMhate for existing conditions. This wild be reviewed and results doPumenteA' in Technical Memorandum `24 based on modeling of alternative improvement plans. ' In t� open chatin .lee results `pmsefitedin Table 6 are limited to maximum depth and velocity of flow for the,''25-year• recurr6pnc interval peal: flows. For existing conditions, open channels generally [ i'6t,control hvi 'drainajg system capacity. Where flooding in open channel areas ooegrs (iF upstream of youth 3 bth. Sheet), it is typically the result of under -sired downstream roadway culverts or •store drainage syttems. For stream reaches where maximum velocities exceed 3 feet per second, Wnsideration.-of channel bed or hank stabilization measures will be made in development of alternatives. As with the storm dr-,tinage system, results will be reviewed for the alternatives future €low analysis to confmu open channel improvement needs. For the detention basins included with the existing conditions analysis, ;paximum computed water surface elevations and orifice and overflow'weir flows are presented in• Table 6. All detention basins are uindersized and cither overflow or limit drainage systeFn hydraulic capacity.' The existing deteintion basins will be evaluated for improvement to determine• Motu they data rn'axim3iw overall be peEit to,tiie drainage system. r South k0th Street Flooding Evaluation Results Flooding has occurred on nurderous occasions in the low-lying area aloRg.t kh 320th street near its intersectioti with 20th Avenue South- This area is hydraulically connected, Z the trunk drainage system and is the lowest topographic area within the upper W1110 system. The roadway depression area lowest storrP drain .inlet elevation (404.2) is approximately 9 feet below the lowest potential surface. oyerfiovv.. elevation it the surrounding area, Because of the frequency and severity of flooding in this problem area; and the potential impact to the arterial roadway function, special analysis,coilsideration was;jiven to this area. The frequency of flooding and depth of inundation under flooding.,c9ditions-was evaluated using both SWMM design storm event and HSPF continuous hisporieal precipitation si,t uladOO. Results of the SWMM modeling analysis for ekisOtig wnditiotis are shown in Table 7. These results indicate chat flooding of the roadway is i xpectid,to o&ut- for X'i+ecurrence interval design storm between the 6-month and layear. 244h, 6o k duration events. Based ore. interpolation between the results of the storms evaluated, flooding would likely occur for 24- hour precipitation events with precipitation in excess of approximately 2.2 inches (assurning -SCS Type IA precipitation distribution). This represents a recurrence interval slightly in..:excess `of the 2-year, 24-hour design storm event. Estimated depth of flooding ranges up to 17 feet .for'largest design.. ti storm event evaluated (10OLy=, 24-hour). Table 7 South 320th Street Flooding Evaluation SWNdM Model Results 'Design Sty Event Computed Water Surface Maximum Estimated Elevation (fL NGVD) Roadway Flooding Depth (ft) 6-month, . -hoar 401.7 (Not Flooded} l y,. 24-hour 4i}6-0 1.8 q `?5:)ye,*, 24-t�o�ur d47:1 2.9 100-year, 2-ou h 4 4W1 q 3.7 � Using storage -discharge relationships develo_�d �ro%,ft...SWMM T ing for the South 320th depression area, the HSPF tryodel results indicali *at based on the.kihistorical precipitation record and ourrent land use and drainage system-ponditiaas, #loading of,tj�e youth 320th roadway depression area would have occurred fora total'of 8.=storm eVer�t- in the 42 years of record evaluated. The most recent and severe -a..tbost events was ';ianuary.9; 990 event (approximately 3.2 inches of precipitation in 24 hours -°-Apr wOch,.flooding drab above the minimum r�dv,* elevation was simulated to lie-;approoiiaately, Z9 feat:,'" Events in J�u�y and November cif 1996 were also simulated to result inI�tdi V flaodbl, tli~ptlr;af 1 ss 1.5 feet. ,tbw' Additional histotual s€orm events and the simulated depth. of .rooadway-f3opding are shown in r Table A-8 (� A�3penOix). Based on this wore extensive approach t�.hyiiroingic'evaluation, the existing' #rank draiitago system provides approximately a 5-year recurrence interval level of prote0iun against roadway_.}looding. Kit&. Evaluation Results Tate Kitts it dileulion `10cated!iot tva= South 336th Street and SR 99, currently provides significant renal storage t3ow itfor reduction in downstream trunk drainage system. flows. The outflow. -from this storage" arts is culf� ntly limited to the capacity of a 24- to 36-inch- &meter storm drain 8moss''SRF 99 • Based an -available inventory and topographic information, the maadmwo. elevation prior to over flow across SR 99 w4s estimated to be approximately 333.0 NGVD (field survey vetiftcatiob regained).:This rep.rtsents g"rnaximum depth of inundation above the outfall pipeline invert d tappioximatdly 5-feet: Based on the above conditions, the results of the, SWMM-• artd HSPF analysis indicate that overtopping of the stomp area would occur. Resulls of th SWI++I design storm event evah�pon are shown in Table 8. Ttuis indicates that t}ie a istirig detention��o .a-p'rbv4'des a level Of protection against flooding (overtopping) of betweeft�-thi 10- and 25=yeac: urrenc& interval events. Combined outflows for the pipeline and overflows fvr the 25-year eventJS_ :-.simulated to W approximately 25 cfs. 10 i; Liyti ,.N X ,1 ti i _ti To � A Kitts Cormw YS Detention * Flooding Evaluation SVVMM Model Results Qesign Storm Event Computed Water Surface Overflow Across SR 99 (cfs) Elevation (fL NGVD) 329.7 (Contained) 6- onth,24-hour IGrye-hour 332.5 ar, 24......... (Contained) I .,� 24 -yvW.; -,fioui 10.7 1007yeiir, LAt"ur 3A 36.1 Sim For the HSPF continuous u"n ahalysis.�6=41on existing land use and drainage system VIC conditions, flooding (ovemppinj) is simn� to;6ccur for 20 events in the 42 years of analysis 0 un terms of overtopping) would have been events in January V4 record. The most severe of these 0 -, i z T4 1981 and 1990. Based on f�equenG-` analysis f lated results, the lCus storage area currently y s,19 o;-Slmu N opping of storage provides approximately a 2-year level. -of prote6fidn ap='t flooding!-(bvert area). The estimated combined pipeline. und,-vv#flqw disoWge-, rato, for the 25-year tecurrence interval storm is approximately 64cfs. The differen,6e between the SWMM and HSPF results alvdiis and dowir li aiyn lqcati!$ns jis attributable to the reauction in flow routing benefit oAoci*zd with volume n6w ,. evimts not evaluated with Conseqiien0y, highmic er-urmfice:interval peak flows rest'ilt. (aee comparable values in Tables 4 and 5) for the Rsf)F:anaiysis�"'fof"Tributary 0014 reaches. Tio HSPF "suits should therefore be used as the basis of, kmFxovetneltts evaluation for the WH08 trunk -draW syAem- elements. Ip MODEMNO B.A$ii'�' Dr2inap'*uu inwntot`y P-It.#; no available data bxw supplio by.Abe`-City aqd`used for hydraulic modeling assessment includes: 1. Trunk drainage system field invetttoiy data {#w*:!stjrvey) for the WHO8 and lower VMIO subbasins. 2. Trunk drainage system field inventory eta (Ehtranc 'survey) and record improvement drawings (including lateral drainage systpms,) for ft upper W..-HIO s4bbasin. 3. Record drawings for the WH I I trunk drainage sys'ten�-' 4 To hic base: man data (City GIS topography and'inisi*llap4us figldlsury.by-l' }_ ' topography for the Kitts and South 336th : ject areas). SWMM, EXTRAN Model Input Hydraulic, model input parameters to the SWMM F.KTRAN block for design stann hydraulic Scapa ity'Simulation am described below_ Coverage of the hydraulic model included the entire trutilc drainage sjn= and the major lateral systems that affect conveyance of RUNOFF block flows to the trunk drainage system_ Conduit Data -. Conduit data. was ipptitfrvm the available inventory and record drawing database. Far p�pelioes, this copsi of: Wmtonneaied junctions, pipe geometry, size, length, hydraulic roughness (Man.nines "n") a *iated'with the pipe material type, and differential elevations at each end of the: conduit, with ti derence to the lo%4est- junction invert elevation. Standard values of Manning's "n" were 'increased, by approxirnat6y 15 percent to reflect drainage system minor losses not othervw:i accounted for by the SWM,M program. Where significant hydraulic controls exist in the trunk drainage system (ie,,:Sea-T;ic 'Mali detention), hand calculations were used to further adjust the hydrauilic ' roughness to appropriately model hydraulic losses in outfall pipelines. For open channel reaches, cross-section data wAs input-from"''the field,Invenwry data, and was supplemented where miss g data existed (ie,, eukven inlets and outlets, WHl l open channel reaches) based on field reconnaissance dhta And: available topogiapbic dam. Data at cross-section junctions were,- 4 in using an elevation=station format Wownstrcarti viewing orientation), including referen,* to the interconnecting junctions. For modeling analysis, cross sections are assumed reprewatadvo for the drainage system reach extending to the •next...downstream junction. Mktg"s-hydraulic roughness parameters were selected based on feld.inventory ,photographs and observed conditions from field reconnaissance. �- Junc&n Data - Model input data at each junction includes the rim elevation and the lowest connected conduit invert elevation. Adjustments in inventory data were madd fdr.-certain junctions to-appropdately model.special conditions (ie, adverse grade pipes, vrifikes). Dummy junctions and conduits were included where necessary. Rim elevations were adjusted as approPtiate.Where sunutated fiaoding-ui contained areas resulted in significant increases in upstream hydraulic gratti�pc (ie. South 320th: depression area). The SWMM model otherwise limits the hydraulic gradient to junction rim .elevations. Inventory data modifications are typically noted by comment'linoes ip the SWUM model input. Delendox Storage and R"yurauUc Ci n"Is Input - Fx sOhg storage in the trunk drainage system was includedin the SWMM EX'TRAN.;model input. This includes. designated detention basins (three in the tipper WH 14 subbasin, natural channel sections (ie, storage behind roadway culverts), and depression amas with outflow restriction (ie, Sdtidh 320th- Street surface flooding area, Kilts wedand detention area;. For the SWi4M model, input consists of stage -surface area data at storage junction locations. Stage -discharge relationships for hydraulic controls (ie, deterrt cn anti outlets) am—computed internal to the SWMM model based on outlet conduit and jurict on data,-Hydrarilic controls 12 riiodeled included orifices, standpipcs, aird spillways (modeled as overflow conduits)- For roadway crossings were overtopping occumt roadway weir section was modefed as an equivalent rcctangular overflow eonduiL Gutfall Gorulidon - Model input for the trunk drainage system ou faH at South 348th Street assumes a fire outfaU condition with nto taiiwater influence. ti i• V. J .. i` tiA r s i• I .S,A tip•, •}:•, 13 ` ti -- ..'�- '• Nr. ro 3r5 ail r r�� V � S 19 J6 �: �':. p► o b 0 o C7 Dco .. ni ,r' m om a e':c a • � CI] .. l, '+ � Q.,p P •ta Q P Para 'a , � : � � ' e� + agavv�aa.Q ��yy fd N iF+Cgaan ... +'. tzl W G� sr JIL } 4i �O�+ia GbC DC► "'' d 00 �Nl�aOO - i F'• y 41hid� r • nti S: �:,, �..: y ca o p p c o � f� .t3PP'ooaob .. ne � 14. a.'aeaa�i�ia Goep 74 pa Y, I THOLE A-2 SWmm SoILEANIFILTRATION PARAWTFR6,-""- INFILTRATION RATES HYDROLOGIC &(A.CIMUM MINIMUM SOIL GROUP sm r0rai 6p!- A Ev-Everett 75' Ew - EveretVAIderwood 3.b 04 Aq - Alderwood 2.0 Arents/Alderwood To - Tukwila Muck 1.0 0.025 Na- Norrfi6 Up" ..i•:�n,� •.. "14 '�u, �=4� d', }�{.. .f'• :i .t`• It .1� ,� �ti �� •. �... [fir• .5 ,5. .IY 'S' i� ...- 55. •:_. .1' .I..ry 1• 1?' I�f..i+l �+y e ��axzzz.zzzxzzx�xzzx=�x===xx���ix.z x J �.000000?01000ov'o00 J ..► + f .� M y ..q M i J 1 i J as ..� � wA i r► + ,.a '� �� mmy•W�O~1�iwIN -OtoGaV �W U&k �o04?c?r?aa?4?oo4V g0 Nnm0LQD(D-4 MOf -P- W N�'0 s � im �n •47 Germ p i.Ni O co O •O O to W -J+ s cn On;so Al CT 4L Ln up N -~i N? N N N N? j. ',�. ,N¢O•yO+C•O -i to a'►.a+�tNr1 �tV —0 1-0OQa W+A Oo m I!O N N bP41, En Z Cb CD wu,;rorsc,�►as-`fi+.cnca bD m,W Wrp•+000l�•. A` 4. CI Av�,enra-►iiv�mP,rnamao.000i v fm,�w A '.., -• •On y V 1P J ENO O m Cu In m�y w..m Qi M Kim O O Ca• v m •rp <D tQ m as CA m V 00 W d 7 � R a'•a •O Q G1 0 0 0 [7 °O pip S? 4 4+ 4 GY; 4 5S 0. 0 Q•.O 0 0 0 4 0 vi�►''�ao oo en cn a�+o�. Q; ac �o�-�'o n000-8 p•o�ac►000a000aoo•cpoo'��'aje:oao• o c ca 4 O 4 C v o 0 0 0' o b ci o ct o o•o o© ao 0.03 A?? .A AAA �A? AA A AAA � t+,A %'asA Apt A??'A 3 Cad4CCc�04904L7 N (a M rA .-► u000000c oo�vacavgys�om j J •J � N � 7 W.'W O i�J p 2:.i !v W a W W Z: N W w <i Cal N as �W W w w W W W w r W 67-,L� p !a, r 47 co co ca 67 p p oQ6%MOO.gfOP Lrii„ {1 m0 c�pu7:04�oCyDouG!740000 C71 �o�oovlcninc. wk 0000 fhO 0 o4vN0j.�O11�C..77�Q•Ci o 00!060 ,gym `r0 m a o o o C 'CI a :p a o•oovo¢cr`Q_ oo,ka'".oao4.v00000999.OoQooP.= 2•o i N' ..]i oflo .nl µ C.o'C740.0 M 'J �► i i odOoas00IC408 J 1 + wF i J- -+a aoo�im G 5k,0b u m 0 v�$�rooa�s�,�gq•o`�o•oo•�nvo04�.oa 000 oa'"opo o�o.ae`sio•o' g�go��� o 3 "` Ca cc� �t70000C]4 oa000-•oc C70Iv .,�: N•�o 0•00o a c CA In O Or � 0 y N W O N 03 [NR cn :o .M .m O1 rooio�o.�a►oloo9 ut 'n En th cn U+ ��. O •t. tNil RJL VNi oo pip 000aav ODOao•OO.C)OC7a�ObC7.O;GOO $ $g g$ $g �y $'$�$�i $$$'41 c in cp in in (n to (n•cn US in in in iT Ln in on D7 G in in L]f •(n •Ul U• (i1. ovnavvvv m 0000vovvvovvvbvv. n a m m m o a a a m m m m m o o' m o o m m o m 0 m 0 m 0 m m o� m �,,am •m o: m gu m a•. o a >= o a o v `� �ii aa�`�i o 0 o `tin a g c n o o �a g n' 0 e a nagiga�Q k nQa Qnani= nnaao 12 U) C: 0) 0 a --1 0 C = m --1 l napa T �R W i r A n In Z X0 m w y 0 > m cs sN�Oj no for- .. oD0 �r� n u � � ro no > > m CA --I m 33 cn TABLE A-6 HSPF EFFECTIVE IMPERVIOUS AREA VALUES LAND--CATE OW TOTAL IMPERVIOUS AREA c?w RELATIVE PERCENT EFFECTIVE IMPERVIOUS AREA EFFECTIVE IMPERVIOUS AREA 4 26 Low.D8N9jTY:fjESjj) ENTLAL 10 40 HIGH DENSITY fjESIDtNTl'AL 4q.. 60 65 MUL'nFAMILY. 80 48 C�MMEKIAIL 1W7 95 85.5 FOREST 0 0 GRASS 0 0 0 I TLAND WE -A ---------- .41 x zv m 4 p, TAB -S Hs"F SOUTD 32(rnl STR XT� KTTS DETENTION AREA. SIMULATED FLOODING RFSTILTS �r HYLEBOS CREEK WATERSHED MODEL. AQUA TFRF A CDNsULTANTS , ufatad'Floodln9 cif 32M Street and Kltfs Comer 32chh Street'- K;tts Comer ` ©gt4 P76 od H8146t of Whet Above Rdaefway.. �Grc■r Qfvu f ❑ate of Flood Hefght of Wafer Above Rtt&m r-� {!n feel - On feet) 195109 �•,' 1,i ie5t7r3l4 0,10 195512/7 ,7L 0.4 :,,,,,..,.,• 14v1w9 0.30 1 s591t 1120 0.3 1851/2/10 p_ 10 i85811'!n4 ='` a 0.1 19351217 0.30 1972/2127 0:2 16 5!?JS 0.20 1g6t11p�B 1.4 '105 IMD 0:0 SL 198�i]110 ;'' A. 117�SUM21 Q.45 188911P19 0.7 195MV10 . 0,05 198$11124 0.9 145B111rZt7 0.30 19901119 29 19SM 1121 020 , , 'i 95Ql1211 S 0.30 0.05 198711179, 020 • 1972I 77 .,' UO 1972028 ri 147?1315 0.30 �� - v.1a �. 1974112P27 0,0 1979112 I5 0.30 19811101E 0.40 198111 OR 0.10 1983/1/5 0.10 198611118 0.30 108611/19 0.20 „,., - 1986F1.Of28 f7.30 I Owl0127" 0.10 1986111123 r.,. , 0.05 i e7 y♦ U n , . 1987r211 0.10 19SM12 0.40 .. 198011I� 0 0,1 p :,,,,-•"'.. ., �. •`fix,. r' Al ' - - .,� :,• to k, tij ".7 77T 'TEC..HNICAL IVIEMORAND1t1. NO. 2-1 (DRAF_T) CWHE Jeff Pratt, City of Federal Way Co" `-Cary Roe, City of Federal Way Dave Renstrom, City of Federal Way FROM : � try Sine �- C 12M HILL Susan Lewis: CHI? ken. -We GSM •L Toe.>Brascher 4QUA ;.ERA i iOnsultants Q DATE: May 11,,1394"' SUBJECT: Contract 93-28,. - W A08, V" 1�0, :snd WFH 1 Regional Drainage Analysis r Tasks 1.1.3'and 1-2,3 Te6hniical Memorandum f: Solutions Developcment hn4 Asp4pi1 ent PROJECT: NPW37403.AQ INTRODUCTION ,.. ' This nxemorfinduru summarizes the results of trunk drainage systeni,im[provement solutions development and tbei; r technical and cost evaluation within the Ciq of Federal 'Way drainage subbasirL�WH08, WH10i and WH11. It includes a brief discussion of alternative solutions and recommei flood improvements, defines the adequacy of the combined existioglimproved trunk drainage system ..to.. iaeet,desigri flow hydraulic capacity criteria, and provid6N`construction cost opinions for:tu�onimended irnprovelm ats within each subbasin. This information provides input for ranking of city-witie t&nk.4rAnage system improvements in development of the City's growth management CW prR�ran�. The improvements eiaivadori extends bei►voen the WHO8 trunk drainage system crossing of South 348th Street and the d0ined--upstream lit- its ,vf the trunk drainage systems within subbasins WH10 and WHi 1 at.,apprommately South 3:16tki street. It includes segments of tributary streams (and pipelines}'001I , 0.014A, and C614e as:.gr,viously deed by the Hyfebas Creek and Lower Puget Sound .basin: Plant. Subbasin a eas.and the,.pxtent of the trunk drainage system evaluated for this project are shovm in"Figure I. SOLUTIONS UEYELOPI!'l<ENT This section describes alternative hydraulic capacity impra='ent� (conveyarf9nd,deteit0n) considered for solutions to existing and projected trunk drainage sysIV_Irri deficxencici • lt aN o....... .- a 1.1 ider�f es potential structural Best Management.46ce (SNIP) improvements to mtrofixt water quality control within the suhbasin areas. Recommendations are made for drainage_ improvements to -;'(re included in the CIP program_ WHAT $UBBASIN 1�• r - Existing braiwge system and Deficiencies The sulibWh WWI` trunk. drainage system currently consists of approximately 8,000 feet. of 18- ta 48-'; h-diameter pipeline, in Pa.pific aighway (SR 99) between South 316th Street and its outfall to: an .existing drainage ,Ainnel ,at approximately South 333rd Street- It serves a tributary subbasiu drainage .area; of approximately 274 aczos. The existing SR 99 pipelines were previously improver•-(en]4rged).• with rbadway upptaaes... Subsequent to construction, plates with a single 24- •""3 inch -diameter vrif"ice vxM installed io manholes :4t the outfall, and in two upstream manholes between South 3300.E and,Soutli 324ii,'Simr t. These odfi limit flows discharged downstream to the more restrictive storm drainage system (24 to 36-inch-diameter) that discharges at South 336t Street_ An iroctiYe 3fi-ino-overflow stoma. drain currently exists along C• the west shoulder of SR 99 with plugged cony ectidn to the -.:SR 99t'stOm drain near its outfall. w Two onsite detention basins provide limiteO-how contr©l-in.,the,east and west lateral drainage systems at South 324th Street (included In modeling analysis)-" In, addition, various subsurface onsite detention. systems not considered in the'.analyrsrs :are axpe, ted:rto provide some.fibw attenuation benefit for frequent storm events. The overai] Benefit of #his'corni fined :Aeteittion for the 25-year design storm event is estimated to be sifunli within tide subbasin. For existing ,conditions, flooding potential exists in this drainage system' at various Iocations as docurnenje 'by the hydraulic analysis results presented in Technical Memawdum 1-1. The City has documented occurRencgs of flooding in the upper reaches of thls .braittage system near South 312th Street., The SlQodiing results primarily from the restrictive orifi within' the• larger trunk stoirn drams; in addhdon,.one segment of undersized trunk storm drain exists pbrth of South 324th Street thaf ccintrxlzutes m :upstret problems. Therefore, hydraulic capacity improvements within this'lilbasi<n focw.,On vutfa l improvements to allow removal of upstream restrictions for better use of existing drainage-"systerti.;infrastructure. Alternative and Re,66mr1iended jrnpruwements Based on the highly developercondition of this sub6as' aiiitl the extent of existing subsurface drainage system, improvement re-oornrhendativns are Wsed ono `•single conveyance improvement alternative with end of pipe water quality controls. The majgrity of •the. existing trunk drainage system is adequately or marginally sized to meet hydra ulic..*Accity 'needs. although some improvements are needed. Detention options for retrofit of existing',ievelaped areas were not considered to he feasible based an the need for mild 'ost•;of underground sioragE • - Drainage improvement recommendations within this subbas.n are shown bn Fi 6 es Z aA&3, and are described below. ..... ConYeyanec LnprovementL Recommended drainage system conveyance improvements consist bf: Replace existing I8-inch to 24inch storm drain between junctions 205 and 2020 with _56-inch RCP or equivalent; match outlet invert elevation to existing downstream 36-inch storm .dxain- R� r: ltei�ove.&jsting 24-inch orifice plates at junctions 1804 and 1726. 31, Apava[e;existiog 35 inch storm drain in the west shoulder of SR 99 as an overflow to the existing trurtlt dxainaga systern..'; 4. keplaee e g ? -iru vuf cc p *)-inch orifice plate at junction 1525; install a .« * lat�•,itii L new zdanhole with weir v�A ;for overflow, to the bypass pipe. t~� 5. Regrade and revegetax channel seginent fipstream of junction 1520- 6. Replace the 24-inch'inlet storrd drain betvreen junctions 16-20Jand 1515 with a 36-inch RCP or equivalent; lower, jnlet invert, -approx x6i1ely elevation' 335.5 to allow for adequate pipe cover and greater headWaWr depth (match existing invert at junction 1515). Detention >mpirovements. No trunk drainagesystem` detention: improvements are reeomrnended for this sub"."Additional or improved detention in,11e latoial drainage; -system 00,t-' fully analyzed] may assist: in control where capacity deficiencies still ,exist wftl rec mt n- ended c'anveyaTicc im piovements. t7nsite detention for new devze gorrient � i edsy lopmerit should still - be required in coinplitinee with City code. Water Quality Control..Improvements. Opportunities for water quality• control' EMP's for retrofit ofp sting.,4veloped rea drainage are limited within this subbasitt Tine recommended water quality copaat im}proverAents consist of: 1. Coti`struct an inliae''presettling basin within the existing stream buffer, with average permanent pool- &pth-bf appy-eidmately. 3 feet between junctions 1525 and 1520; provide a submerged'awlet f f'�oatahles cgn,tairrment with connection to conveyance improvement item 5. 2. Install a low flow diversion and iniltration:trench downstream of South 336th Street (junction 1505) in the Wetland rill. 2 :buffer area (aptiot '-improvement). UPPER WHI.O SiTBBASIN Existing Drainage System and Deficiencies r The existing drainage system north of South 324th Street consists cif a.:Jarge petWork of sibrm drains with three interconnected inline detention basins that serve approximately.. 237," a+ ms,,�f' ti L .. - - - r. - •r: highly impervious drainage area. The tntnk clue system consist of the three detention hasiyis (uPger',• middle [SeaTac Plaza], and lower [SeaTac Mall]) and approximately 3,700 feet of 18- to 40ncIr"di.ameter (or equivalent arch) interconnected pipeline_ The trunk stom drain outfalls to tributary 0014C south of South 324th Street within the SelMor Park development. A vital• of-4ppr9ximately 8 acre-feet of available detentinn storage volume is provided by the tht& de(6Won basins. Additional subsurface detention systems exist within the lateral drainage As Stems;• 'These Were not specifically considered in the modeling analyses; however, lateral pipelines CBpacalty,,,gv66 included in.ihe hydraulic model, do restrict inflows to the trunk drainage system;,'`'` •'^. The existing Ltw storrin draid crosses Satoh 320th Street with two parallel 18-inch culverts at the low`point of the roadway. 'Signifieai i flooding Problems have been experienced (ie, January *� 18, 1990 event) at this 190ation. ;T'e6Wcal Merrtorandum 1-1 describes the expected frequency and depth of floodinlgIor e*thIg con ditiorw' at- South 320th Street as well as the magnitude of projected flooding at other locations.:wkhib be think drainage system. Overall, the entire trunk drainage system requires replacement to `achieve the..targerted 25-y ,level of flooding Protection. Alternative and Recommended Impravewtnits Conveyance,:detention, and water quality cant of improvements ,considered within ties i0bbasin are depicted on Figpres 4 through 8. Additionalern ,-Altative concepts i'ilclu4ing.subsi rf4ce storage rb and treatment and inteasin diversions were discus d wiih (;rty, staff ttf `salutionq� devoloprnent, but were:elimjnWA do to rfTtential siting, cost, and legmiwues. - r Four aftemat"ve ,;improved trunk drainage system alignments (A]thrttaEives ` ttuottg'h 4) were considered to provide required hydraulic capacity for future land use d,4ign,l"lows_ in addition. a minor improvement $lternativv,(Alternative 5) was evaluated for benefit io :fl000ing reduction. Thie major ejemeots 4ft--Mcor4mended alternative (Alternative 1) and brief 4mriptinns of Alternatives 2 tl+irough are sur; rnma =d below. Alternative x (Reaomindinded). - The-•mcommended improvements for this subbasin consists of: 1. Install new doable•'ori#i (7,�and 24- Inch diameter assumed) at the upper detention basin outlet (junction 1100) 2. Install a replacement trunk 42-ii cb •storm drain-�betwee�-Nhctions 1100 and 1109. 3. Take existing SeaTac Plana detention basin of lihe by reOutie of drainage in a 42-inch storm drain around the north and west sides' of the, basin wi& iAterconnection at the basin outlet pipe. 4. Install new double orifi (two 5-inch diameter assumed) in the existing $taTac :Plaza• . detention basin outlet; install a replacement 24-inch lateral. storm �drai:rt for coti,n&tio6.to. . 4 r {. y ti' 5 the trunk storm drain. s' S.; install a replacement 48-inch storm drain between junctions 1113 and 1120- 5. Install a new 54-inch storm drain between junctions 1113 and 1120 (includes an assumed a open;cut crossing of South 320th Street). Y Install a replacement 72-inch to 84-inch trunk storm drain between junction 1120 and the :,:„ w•,'' .Sealac .I�►lall detention basin (}unction 1125); tie the existing SeaTac Mall storm drain to tho `u' npirroved tmnk storm drain- ..,. $.onvcr[ the existing S6Tac Mall di on basin to a water quality treatment (filtration) rosin•, 4igh flowdiveri ht>Vaul, bypass weir wall (approximate length 40 feet, � �tad1... ' .so ��� :1'P F crest elevation 398.8), thae t end:,.t oq tie existing basin; install two gated 24-inch orif. {'t into the %t ,..qua t basin; it tall weir`�valis (five assumed) to create a presettlingltjoatab;o cortainment.atea and` four compost or sand filtration cells with underdrains; modify outlet to atecast 3' X'6ox culvert for. tie to the improved trunk storm drain. ' 9. install a replacement 84-inch- trunk s#or�n drain froth. - the diversion. vault [junction 7500) around the south side of the detention basin to the trunk gndrngge,systetn outfall at juncti(in-,1129. 10. Construct a outfall detention pond (pennarient:,pout) or_i p�eperty ttii�rt�y pari �f the f SelMgr Park r evelopment; required (active) detention vvluma- wpuld be approximately 6 acre-fbet over'a 1.3 acre footprint; construct new outlet �vorlks,,consisting' of a single 42- inch "outfall pi oe and spillway; relocate some feawnes of •ihe• existing golf �aurse (parking, green); degrade -and mvegetaw the stream channel downstruam. to 01}mpic Way. Arnat�4 This` altmative: is similar to Alternative 1 in concept, but e6 iders a replacement trunk:&Wrm drain along' the, exis`ung pipeline alignment with crossing of South 320th Street at the existing low -point: Pipeline si,�,ing requirements are similar. It considers the same detention and water quality control &Prov`0nents p-Alternative 1. The disadvantages as compared to Alternative 1 are the requineinent fpr elin ad4igonat pipe replacement length and the technical feasibility (cover, hyditaulic gtadc�; of conieyjng water' under the low point of South 320th Street. Alternative 3. For this alternative, an.Improved st6rm..tiraih`rrossing of South 320th Street east of Alternative 1 was considered.-''-$,edsuse of the greateA=r pipe�nepth rewired at the crossing, it was assumed that installation by bore an -d jack. would' be' required. Although this does shorten the length of the trunk storm drain, the existing trunk storm drain to the `west would need to be replaced to the South 320th crossing resultg Jn additional cvtbnbined.pipeiine length and a second required crossing of South 320th Street All. other detention acid waW-goality control improvements remain consistent with Alternative 1. C; r. Alternative 4. "is alternative considers a mi.d trunk drainage system along 23rd Avenue z. South dOwnstrearn from the upper detention basin. Two subalternative alignments (4A and 4B) were reviewed around the east side of SeaTac Mall. This alternative offers direct benefit of construction within the 23rd Avenue South planned roadway improvements corridor with potentWfor combined conveyance function with roadway drainage improvements, but results in an exeessiye-pipeline depth (up to 30 feet) for conventional open cut installation. A rpicroturinding installation approach was also considered, but was eliminated due to excessive Installation :posti TIO. alternative also requires replacement of the existing west trunk pipeline, simi� to Al ti Atternative -5.. n*, altcrn& Ye was,do'velopeq in conjunction with City staff based on review of a lower cost (interim),alterpative to -- ipd.uq6 the' potential for flooding, but not eliminate it- For this opii-on, a'new - �qpossiing of South'320th Stkpev and interconnection with the existing trunk and Mi '� 111 .' , .: n%l lateral storm drains betW6ej►:-Junc�dn 5'and` 1120 (similar to item 6 of the recommended I plan) was conside—red..-In aaditi6n, th6 SeaT-ag-Mall detention basin was assumed taken offline and used for local drainage system daten6owon!Y. This would require an enlarged bypass pipeline around the basin The nO'ben6fit.6f these improvements., �a determined by analysis to C be comparatively small (ap prioximatel3 6 ofs releasewith no appreciable increase rate iAcrease), W qthe level of flooding protection at.South:'KQD- t� Stree.L- erdorr,,,,,no',further consideration was d given to this alternative_ LOWERWHIO SUBBASIN (UPSTREAM )FROM -SOU.TJJ�36th STREET) 2 Exisfing:Drainage System and Deficiencies This portiow"of Subbisin WHIO includes the tributary 0014C streai a-,reach-tind,"exi,sting roadway culvefts and trunk storm. drains between the Upper W1110 trunk stomp; drainbutfall and the pnV . bsed,'Kittstorner detention' project at South 336th Street. It inclines appro,xiunatcly 3,000 feet of ope and five culvert and storm drain roa6v " crossings totaling 9.channel-i mmageway, 4 Y approximately 1AQO fea.- Jhctotal subbasin area served by these drainage`ftii ifides at South 336th -S.Expet israpproximalp ly 350.,acres. No trunk drainage syitefa d0&fi,*tion ',basirm'-exi : At within this strearn. reach. Some flow attenuation results from incidental stora' go'. behind existing restrictive culverts and is reflected in the modeling analyses. Onsite detention. (,khere it exists). in lateral, drainage systems was not considered. Drainage system hydraulic capacity deficiencies foi existing' 'conditions at the roadway culvert crossings are summarized in 166nidal Memo'randurn-:I- I` - ' Kbbding is projected to occur at the private roadway crossing north of South. 330fh-Streoi, at th(�-.20th Ave ,n,ue South storm drain inlet, and at the South 333rd Sweet and 336th Screa--culv --culvert 9S rt 'crog�in In , addition, Won, west overbank flooding potential exists for the apartment comple,i south of S6uth"333rd.-Street. The need for improvements in this stream reach is accentuated by the' prop . osed in.Creas e.M"design,. flows with the Upper WHIO subbasin recommended improvemenn. X 6 Altexnatire and Reeommaended Improvernen r Uwainage improvement solutions to hydraulic capacity deficiencies within this subbasin stream reach- -'are based on a single conveyance improvement alternative that reflects recommended trunk storm dry and detention improvements in the Upper WHlO subbasin- Those improvements are sbdvm onfigttie 9 and are described below. :Canvey�nce Improvements. The recommended conveyance improvements consist of: r_... Frivato� Driveway mirth of-�'South S30th Street - Replace the existing double 18-inch culverts witki' a sings 48-incn O:P (or hydraulic equivalent); elevate the road dip section r« to proVaide--adegieate, pipeline `gaver. C 1r1 2. South 33Qth 5tre t - ARep.1 the exi�;ing.1 &-inch and 24-inch culverts with a sVIP ingle 48- inch RCPL (pr..hydraulic equivalent); _ o rrdinaw design and installation with proposed T' sewer line installation ftdembce.A4#ch i.5, 1994 memorandum). 3. 20th Avenue South =`Install a .parallel -�8-inch RCP -::(or hydraulic equivalent) along the west side of the existing '34-idck-s- topi drain.,OYghin':the •2Qth � Avenue South right-of-way; install 64" X 43' CMPA as' crossing of ' 20th A knu6 due to minimal cover; extend existing pipeline inlet upstream from the existing private OwnerShipt.parcel. 4. South 333rd. Street - Install a 71" K 47`' �CMI�►�. (ar hydraulic :equivalent) culvert; preserve exi sting; 18 inch concrete culvert �. 5. : Channel Sectibn south of South 333rd Street - Install a CIP`fio6d wall.(ar Hydraulic ecltdvaledt) along approximately 300 feet of the west chancel .bankf regrade and revegetate ! the stream cl anpol• and adjacent fill arm 6. South 336t45tr ev(par -of Kitts Corner detention project) - Install a'-54-inch RCP (or i clra lxc & uivale o cuive,5,..preserve the existing 18-inch concrete culvert_ Detention and Improvements. No trunk drainage system detention and water quality control retrofit improvers nnt� are recommended within this stream reach due to limited opportunities antl with ct3nsiderar on.: of improvements recommended both upstream and downstream of this stream reach.•= T-he stream channel vias. reviewed in the field to assess siting opportunities. No viable options were ,fotihd ,based' on ; eon iidcration of siting requirements and existing features (ie, topography; `presence of wetlands). •bnsite•detentlon and water quality controls should be required however with development/red v iapm t v++ithiut the lateral drainage systems in compliance with City code. • �.. .i' v'':N .f ' . `=t 5• 5`t ... 'ZLa. LDV1i It WHIU AND WAOS SUBBASI�iS STREAM FROM 60UTH 336th STREET] Ekisting Drainage System and Deficiencies Thit, pord in ,of,, the trunk drainage system includes approximately 4,100 feet of tributary 0014/0014C stream reach and approximately 1,300 feet of combined culvert and storm drainage systems eitending south from South 336th Street to South 348th Street. It serves the remainder �':: w .• of :the OmOined sulsbasins. drainage area totaling approximately 880 acres at South 348th Street. Dther; feat[res include two large wtlattd areas (Basin Plan Hylebos No. 9 and No. 45) along with various other., smaller"pvclret vv¢tlands, . ; The existing Kitts _Cqr er tB.P: Hyle og:No. 9 ' wetland functions to provide existing regional detention due to its testxitive ouex'siorm drain; -extending west across SR 99. Based on prior topography review, AX'. W'6tland No.`45 (delineated Wetland No. 2) has historically provided limited detention resulrin& from- prior outflow. `restriction. Those controls no longer exist (incised :V channel downstream front ,wetland): Nq other appmpi,a.hle detention storage exists within the 7. trunk drainage system. { ' S Prior analyses for existing conditions sumMariaed iri Tech*4 Memorandum No. 1-1 identified hydraulic capacity deficiencies at the 1 itts:,Cemer:detention o�utfail_ In•••a4dition, the downstream channel segment below SR 99 and the stream 'ehaimel -immetiiaEely Below Wetland No"." 2 are significantly degraded by erosional downcutting-; No rt;ajpr l;y¢rauiic io i*ity.prolxierns were defined in the downstream reaches of the basin. Alternative ind 'Ree mmrrded Improvements 5: l Drainage improvem�ttt solutions to deficiencies within this subbase stream reach are based on a single combined alternative that reflects prior regional detention designs pir; the: -Kitts Corner and South 336th prolecls, and. -current recommendations for upstream trunk storm drain and detention improiiements iri the U6erV1410 and WH 11 subbasin. Alternatives detention si"gs and configurations were conside red initially ut solutions development, but are not included herein. The recommended. impuavemonts are. shown on Figure 10 and are described below by project elements. Fitts Corner Detention. R6,cott mended in'iprovements'.consist of: 1. Construct a sediment trap and''liit0a.tio' swa a at th* north, limit of the Kitts project area north of South 336th Suet. 2. Provide terming of the west channel.' overbtz* area extemding north from South 336th Street (approximate top of berm elevation 33.E)_ 3. improve the South 336th culvert crossing in accordince' wi;h Ldwier WHIG ekrq&t. number 6. �- 4. Provide herming along the west side of AUtts project area for storage impoundment to {. ah estimated maximum elevation of 334 (approximate top of berm elevation 336) S - Install a precast 3' X 6' box culvert and 48-inch RCP (or hydraulic equivalent) for ' -r placement of the outlet pipeline from the Kitts Corner regional detention area to and across 5R 99; install a 36-inch diameter gated drop orifice and spillway weir within a . flow control manhole near the detention area outlet. 6. Reveget,'itelmiti to. for wetland. and other construction impacts. .f X#4 Corn446 SaOth ;` 3361h : Conxeyance. Recommended improvements consist of: 1. Install a 54aveh R6 for hy"Ac ggavateht) storm drain extending west of SR 99 and Tr interconnecting m4di file W'h1,i overflow pip6line along SR 99; install an adequate energy ri diW atoz`a ;1, levet s ;&ader`at thez`ltne outlet. 2. Restore the open chanziel segment in the.-Vetlanrl :No. 2 buffer. area beyond the 54-inch pipeline outlet. s` rr� 3. Construct a fill embankment"at the dbwiistniarn limit off- Wetland No. 2 to provide hydrology restoration and storage,impoundment for hair flow arid' -high flows respectively and to"a�ll9w future roadway access; install tpw' flow.:18-1n&:-RCP culvert and' f4h flow 4' 8' precast RCB with drop structure, to, a 6Q--inch Wgh florV by ass:stor n drain to South 336th detention area. 4. ;Excavate adjartient banks and fill incised stream channel osecfon-Ac cr�at wetland and -' stream mitigation area (approximately 1.0 acre available 'at,;ayecagc bo€tom. elevation of 282); revegetate,with, wetland and upland (buffer) plantings. 5ouih 336th Re ,Oopal l ntida. Recommended improvements consist of . r' 1. i' Construct a tcaVateNern'banked South 336th detention area. (primary and overflow cells); install outlet €law' control s5we ure;with gated orifi (two assumed); install 60-inch outfall pipeline. 2. Relocate stream channel to ,east through adjacent -wetland area and downstream for tic back to the existing stream; pro,didi emergency.:6v"W spillway and low flow outlet culverts; install over#law cult' ns: (tw 36-M'r Ch)' to inte 6nnect with the primary cell; 3. RevegetaWmitigate for wetland and- other construction #npacts. _ Y ii VNE RECOMMENDED 11"R. MENTS EVALUA71ON Th6 section presents the results of technical and cost evaluations performed for the recommended iffiprovements to validate sizing and feasibility, and to provide input for city-wide ranking of JmpOvOw-pts. It summarizes both HSPF and SWMM RUNOFF, EXTRAN, and TRANSPORT hlock,hydrolo& and hydraulic modeling results for combined existingtrecommended drainage ti nts under future land use conditions. It also presents preliminary cost opinions of traprovements construction costs. IRYdriac 'EvaJlufation Criteria he cri4cria.:tor capAcity ad'e, hydraulic - q tr provided by the City to establish the need for qua - we and the sizing -',� a*.of'reromrn-ende4.:"'tF--ui�i dr *h-:4gsystem �_` te improvements. provements. These criteria apply c to a 25-year, 24-hour designstormsqe, of protetion unless otherwise noted. rl Trunk Storm Drains. Mit folfowiq criteria- were used: 1. Consider pipeline segment: for fephiceufe4t -where sijrcharge ai- the upstream junction exceeds 1.0 foot (review bn individual .". basis tcr,"tabi ish pq1te6 , fia) for downstream influence). 2. Size new.stom drain pipelines for a maximum 85'percent.,-'0`f unif6im max0ai#n flow capacity (equivalent to capacity at 75 percent dmh). 3! Maiatag"adeqOate headwater to meet inlet contrdcqpacity where applicable r-D*r steeper pipeline segments. ....... .... Culvirts 4,h�'d Detention.Zasins. The following criteria were used: I. Consider Maximum -headwater to depth ratio in accordance with the Sqftace Water Design Manual (2.01orculverts: glea(,than 18 te -inch diameter). , 2. Maintain a.minimtrn of.-6ne foot of4reeboard above the maximum estimated operating water level; :two f hcW'pr ticabI5) for greater than two foot fill embankment. 3- If practicable, provide -100-year,. recurrence interval level of downstream protection with regional detention basins. 3. Provide overflow spillway capacity to Pass thd 100-yrw recurrence 7..Pme interval flow where not fully detained. Hydrologic Evaluation Results The results of the future conditions hydrologic modeling evaluaii= at keY locAbons 10 trunk drainage system based on key assumptions presented in Techifical:Mem6=dU`1n'1-1,&6 J. 10 su mnadzed in Table 1. These design flog a were used for sizing of improvement excepi as noted:,:. They also refioct the effects of impdetention storage within the trunk drainage system based on previously noted assumptions. Detention area storage and discharge ratings Used in .the hydrologic modeling evaluation as the basis for results presented in Table 2 are spasrnarird in Tables A-1 through A-4 (Appendix A). as' ;,:'Ovea11. simulations show that flows will increase (approximately double) for 25-year design event frorp.,Ahe UP ver WH10 subbasin as compared to existing conditions as a result of a x$duction: in 6pstrearn,.fl vding potential. More frequent stomas are better controlled through more ef-ficWt u�e.Of the a4ailable upstream storage. Outflow from the Kitts detention area is ex'ccted to be•liigiited,<tojess:,that.,o0 cfs,considering the SWMM design event modeling 0 +-1 Hydrologic model sr�lation results.gb futuro"eatt' iit"kdns analysis based on HSPF continuous �1 hydrologic simulation of.lastoikal pretipitaticd Mk- are summarized in Table 2. Discharge from C' the upper basics deient:Wi in_provtmcnts are...ggne �liy consistent with SWMM results; however, some deviation exists, particularly fof'the mare fi+squent storms. This,,results since the HSPF D, future conditions model does -not include; the ivutairg.:effects:pf the gkisOng Upper WH1U detention basins with modified orifice nutlet cotitrpl& HSPF dischuge estimates from the Kitts�Cort erg detention area Ao%v comparably higher recurrence interval flaws as compared to SWMM reSultS, This reflect' prim, .y the sgns�livity of the projews detention function to longer duration, higlicr,0olurY a eVe�nts::.Tli South I36th detention pecformat ca is highly influenced by the 'ass tned vntict flspW-Vontrr ls. Nanous' simulations: were,madd -to evaluate the outflow sensitivity to release rats ,,The rt�suits IF'Table 2 �- reflect a d6ub1c:-36-inch: and 42-inch orificed outlet. Addition0l simulat'to6s will be performed for future refinement with project predesign to optimize controls to downstream IiSGoarge control objectiyes. Walidaiion A f improvements needs downstream of the iCaitM-deteatiots outlet are based soiely:ion IEiSPI~ design flows:. , ,. , HYIE atr6M Evaluation Rofihs Hydraulic evaluatimi rewts 'for future land irse and recommended improvements coupled with existing adequate rink dra= .aysU.zM"f .cilities.-within the WH11, Upper WH10, and Lower WH10 subbasins are'shown Tables 3 6 h 5 r4pectiveiy, The results are based on SWMM EXTRAN model results with manual checks (frorar-`-nomivg%phs) for inlet control capacity where applicable. Shaded values control system:. hydraulic capacities: ;.'13eficiencies in achieving targeted hydraulic; capacity criteria are nvt wh�e simniaLed: peak fl7w estimates for existing facilities and recommended improvements exceed inlet citrril capacity. "lsa, `beaches ate noted where existing facilities are not recommended for �plare'rneM but dd tmt fully 6bmply with trunk storm drain hyd rm is capacity criteria. n I ti O W-11 1 C2 Eli M MC RX 4D AC-ac tzi tj .9 41 9,6 I :3r is Q allCA R Rka' InV a I a 9 1' (a Ig" 9p 4w 3 '0 3 R 9 660416 ill SL V� gL a.a to m cic it r- IA Fa Fa 92 ca to -0 Im oal m : SL J. lt 9. cil all, 1. ra ro ra i Pi t I I -A I T >5 ED I JLri Ito ib M 0 > M AM I a cola A a T's cri U, 9 SVIA Z�!Owo co 0 IQ CA ca — EQ. ea V LL Al .--- --, dr a L 9 H lau. I ay MISM z 66 ;IF or ar cr C'Er V 19 it V 6,y 6u er u mid 111" r S. 41L� AL A% W v oaf o 51 1 s 5 5 zs z Ono in In 00000� zzzzz 0 m GD z en C) 0 M ED co cm ZD ;-4 C) iR I �ILAI 1 1111 1 1 1 1 1 1 1 1 1 0 rl c m Z z m maw 0 mm 0!2 c A m tv MA w Construction Cost opinions i. drOer-of-magnitude construction cast opinions for the recommended improvements were d0doped for each trunk drainage system improvement reach_ Results are summarized by . 51. subbasin and by reach or project element in Appendix B_ Total estimated recommended 1," imptove:ine4ts constriction cost for the combined trunk drainage system recommended innprovemcnit ate approximately $5.1 million (May 1994 dollars). This estimate does not reflect a�diOonal• costs for project implanentation as noted on the estimate summary sheets. The basis fair c[nction costs opiniias:are quantity estimates developed for recommended hia provemetits-and uOrt•+nost date*,veloped in consultation with City staff. These unit cost data weie-suppleiuented,dr aojns arhere needed••to:reflect site specific conditions or construction requirernen#s based: on HILL's°cyst eating #q data base. :, �s ;i 12 r �i 1. TABLE A UPPER WH10 OUTFALL DETENTION rSTiI ATEO STAGE -STORAGE AND STAGE -DISCHARGE RATINGS I SPILLWAY 'k ELWATION -'PURFACE AREA STORAGE VOLUME DISCHARGE 0 -77' 393.E 2.5 39 :395A L PA.` 4.0 65 i----------- 39 - -7,0 5.7 86 .1-0 98 7.$ 120 ISO TABLE A-2 Y KITTS CORNER DETENTION 4 1 SqTIMATED STAGE -STORAGE AND STAGE -DISCHARGE RATINGS I.E. OUTLET [7— SPILLWAY SURFACESTORAGE VOLUME DISCHARGE ELEV.AnON fac) (ac-ft) 0.0 0 329.0 14 3:t 1-6 3.30A 4.3 6.4 47 65 70 4.6 4.'-',, 78 333.0 X19.5 333.3 ZIA 333.6 333.9 -21 4.5 334.3 6.1 TABLE A-3 WETLAND NO. 2 DETENTION ESTIMATE STAGE -STORAGE AND STAGE -DISCHARGE RATINGS :t oT, I.E. PRIMARY CELL 0 I.E. OVERFLOW CELL TU:-� OUTLET. I SPILLWAY Ll SURFACE AREA (ac) STORAGE VOLUME (ac-ft) DISCHARGE 0.1 0.0 0 5 283,0 0.2 0.2 0.4 285.0' 0.5 0.8 30 0-7 1-4 75 125 3.4 180 .4 4.7 200 289.0 -` . ;I tl t5. 5.4 2-10 _­tXVATION SURFACE AREA (ac) STORAGE VOLUME (ac-ft) DISCHARGE (ols) 270.0 0.3 0.0 0 27-2.0 0.5 0.8 0 27: ' 0 2.5 2.3 0 0 '272.6 4.8 275.0 ; 2.9 7.6 7 276.0.. .3.2-!... 10.6 22 218.Q.t'- 3.S 17-8 71 100 .279.q 4-.0 = 21.-7 '280.0 -.42 -.25,8 125 281.0,�, 4.4' -- 30.1.- 133 282.0'. 283.0 4.9 .34.7 137 140 283.5 5.8 42 165 Oinri..•;F r"� �74�_' 1 .�. y'; -•--- -fj ry _ uj .-.���r J ��*-^'f it I f � � }. �i � . � . y.:.�;, .. a•,6Y,4�' """y�i +.Jflll ..• i -fir•. � _ �' --T. J E - ' - I; ,' • ' •• ---.-. � � d w_i �,r;, 1,: '�I ? _ �- `..•+rs�- of .. - rT jID •. tjr _— _�^. cry 11 .`�'.. E E�'_: :i :s ' { 1vt .,—, } �`r► M '� j Ali '.all N. 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Dh IPA 731 ti Technical Memorandum No. 3-1 Contract 93-284—WH089 WH10, and Wi11 r'' X Regional Drainage Analysis Task 3.1 and 3.2 Technical Memorandum .14 �: ��.• Fry F •;fj •� is Sr; �J� • iS5 n M` • - �j � 1 S , VJ 'f• jw ,K ICAL MWORAh1] UM No. 34 ' _ C"Hu _ 4 1 RF„PARED FOILJeff PratVCity of Federal Way :'PREPARED BY: Tim WhitdCH2M BALL Jerry BibeeJCH2M HILL CC PI S: Cary Rod -City of Federal Way Greg Fewinsf�ity of Federal Way DATE, - June 27, 1994 SUBJECTI Cghtraa, ��-284-WH08. WH 10, and WH 11 Regional Drainage Akhalysis M Tall 3.1 and 3.2 Technical Memorandum C PROJECT: 11!PW37403. CO,. z� Wetland/Stream Impact Analysis and Mit tiol.1 Concepts r Ynft'oductiari ' L � This memoranduiin describes the existing habitat condition* in file Federal' way Kitts Cornei and South 336th Regional Stormwater Detention Project area. It also summarizes -the ithpac s of-fhe 0iiojeek on existing wetland and stream enrrironmenis, tine approaches used `to - h void' and minimize those impacts, the existing conditions present on potential ;nutigation sites, and toe pivposed future setting after implementation of"the proposed wetland nd stream r*igaiipn•: -Fcor._a complete description, of the project, readers are referred to Section 4 Hof tis report. E)dsting Conditions Wetlands Six discrete wetlands exist within the immediate project'a"Fea. 6 addition to those isolated from the West Hylebos tribut9:ri ;streams (Basin Man -Nos. 0014, 0014A, and 0014C), di= wetland areas are located "g ,the main,; cbannO. of those tributary streams. These wetlands are described below. Miich .of this information has been drawn from prior work by Sheldon and Associates (1994). x 1 Weiland 9A This: habitat lies south and cast of the intersection of Pacific Highway South and South 336th Street. It is a scrub -shrub (PSS)fforested (PFO) wetland and it stands on a long - terra seasonal or pe rmanently inundated site (Sheldon and Associates, 1994). 4.56 acresin size withIt is 2.56 acres PSS and 2.00 acres in PFO habitats. The original hydrology of the site has been altered in the past through filling along the west and northern . borders Annim%te- the Tukwila muck a construction pad and a roadbed for S. 336Lh St. Species that axinus Wifolia 6jMja muck soils -of the wetland include Oregon ash (Fr red alder (Alnus nibra),wiuow (saiii sp.) and saimonbeny (Rebus SPeclabil . Functiq*y, this wetland alreadj,., serves to,--inoderate flood flows through the tributary 0014C'stream chajinel. . and pro4 '&S a mod�r amount of habitat support and water quality treatment. The potentiai jor groundwater recharge from this wetland is currently unknown (Sh6ldon"and Assp&i;atC$,',1 1994).. .. Sprcies diversity is limited by fluctuating In water levels and degradedW 'quality although it is excellent habitat for songbirds. - aWL: r4 Y, Wetland 9B This 0.36-acre area is located immadiati--ty north of Weda�id 9A and S. 336th St- and contains a. combination of PSS (0.20 acm).,and' PFO (0j.6acre] ' wetland.. - Hydrologic changes av6.�Lpparcntly occurred to this wetland resu1t6g.in Vietter., soils. and unstable woody ivegetation. Decreased shear strength in topsoils from additiqnzj wetting is., apparently �causing, large cottonwoods to topple into :the wetland (Sheldon an4" Associates, 1994). P.I=M;vegetation is reoccupying these openings,: althougti Young. Oregon. ash and cottonwood (�Popufus trichocarpa) saplings are present. Additionally, deep sediment has be - en deposited ori . sited . the site. in addition to cottonwood and ash, the site supports Douglas (Spiraea.doukhvh), indian plum (Oemlefia cerasifonnia) red elderberry (Sam buctis rac;emosa), Himalayan blackberry (Rebus discolor), and 'salgiopberry- The area -appears W be:undergoingsignificant structural change as a result of hydrologic modifications maiiioned above. Plant z. ornmunity composition is changing from a mature PFO wetland to an immature em6j1genf.(PEM) community. Along with this change will be a change in . functioii . as well. lt'cutreAdY supports some songbird and small mammal habitat. The area could also 'Provide habitat- for coyote, raccoon, and opossums Sheldon and Associates, 1994). S Welland 2 This 2.46-acre wetland is found approx1rii;i�ly:feet ee-t w6st of.Pacific Highway South- " i ": ' it is composed of PSS (0.22 acre), PFO {approximately ...�.80. acre), and YEM {approximately 0.38 acre) communities. The area of the latter tWo comtnunities__ Js 2.24 acres and the acreages of each community tyke was estimated following petso* following communication with Dyanne Sheldon (Sheldon and Ass�bciates, V . ). -7 _�04 habitat ba$ er' also had its hydrologic regime modified in the past through chapel dwncutUn9. -or excavation at the south end. Prior to alteration of this drainage, tharea ae :ely PO r#d' 2 fbr-,periods that extended well into the 91,01%* season. Field surveyed topography (November, 1982) confirms prior dormant season impoundment of drainage in Wetland 2 to approximately elevation 286 feet. Vegetation currently occupying the site includes Oregon ash, red alder, willow, salmonberry, Nootka rose (Rosa noolkana), stinging nettle rV (Umea dfoica), reed canarygrass (Phlaris anmdinacea) and sedges (Carex sp). b spite a r w r detention I I ite of the altered hydrology, this wetland still provides s❑me sto m ate :runciiort. Water quality treatment is likely limited, particularly because of a lack of dischafge of nutrients and sediments from upstream sources. It offers moderate to high quality wildlife habitat 'because -'of is size, maturity, and intact, good quality setback. The area: woulo-'pravidr, goW habitat for larger terrestrial species such as coyote, mink, andi-'raccoo i n as . wet I as passerine birds and -raptors (Sheldon and Associates, 1992). Welland 2A {Wright) Wedand This wetland (0.44 aearrs.in size) lies . vest of SR 99 and south of South 340th Street. R is currently not classified as a- jurisdictional wedhd by the (:;Otps of Engineers (Gail Terri, personal communication). : A PEM surrounded"by a ffinger of PSS, this wetland has been disturbed through fillirfg ftm:the east.`and construction of a permeable berm along the western border. The berm :Wparates the wetland from the tributary 0014 stream channel. Seasonally inundated, reed canu-ygrass-is the overwhelming dominant I la�i are plant species. occupying this site. Cattail 7Ypha falia) -and 7will'ow also.PrCSent- Soils are highly. disturbed and appear to be`.imprnieable at dr The :Wright -wetland reduces flows and catches sedimen I t d1'scWe6d from the adjacent fill area into 0 the streArn channel (Sheldon and Associates, 1994). Some, waterfowl and other wetlandbird habitat may also be provided from this site. Wetland 3 Oregork-a4 black cottonwook-Md willow dominate this 0.22-acre wetland including 0.19 acre of PFO ap� O.W- acre of PSS wetland. The area may be a closed depression as no clear outlet was obsmed..,P-Small amounts of stormwater storage and water quality enhancement is provided --.to the landsoape by" this wetland (Sheldon and Associates, 1992). Wedand 4 This 0.08-acre disturbed PFO wetland is. d9inirkateo'by'Mature. willows. Pacific blackberry and creeping buttercup are alsp present: ' Deep. inundation and ponding apparently occur on the Norma soils present -in this habiW (Sheldon and Associates, 1992). This wetland functions similarly 'i6W.edarid- 3. Stream Channels In addition to the wetlands described above, of course, minor strearn:OwaiWf obeuO ........ . much of the entire reach of the project. In places, the channel integrity [:Jost (e.g. 3 Mn,s Corner) while elsewhere the main cihAlkl broadens into a wide, pond -like body of open water (e.g., west of Wetland 2A). The channel ranges from almost no downcutting �- with relatively little grade to one composed of significant grade and incision {e.g., immediately west of SR 99 and south of Wetland 2). Average annual discharge of die h�aiiri channel is less than 5 efs. No significant fishery habitat is known to occur in this ry r°ti i 1 Ch pf the Hylebos system. p�vaidance-ari.& iinimization v Wetland Impacts .ti' Five s i the wetlands fcmnd. ino-'the project area could experience minimal direct and/or indirect impacts from the project •(Table...t). The hydrologic regime of Wetlands 9A, 9B and. 2 would be modified from this pfoj,ecL--' The planned modifications would also result in several -minor, direct impacts ta' Wetlands ,9, and 913. Wetland 3 could receive some construction related impacts from pipeline installation while Wetland 2A could experience some indirect effects from modifications to its hydroperiod. .w Wetland fills and indirect effects h.a've ./teem avoiddd or minim,[ied to the maximum extent * practicable within the existing right -of -why fir the project while: still meeting � impoundment embankment desigh standards and4e, overall .,goals of the project. Minor fills would occur along the wester edges `of Wetlan' ds;13A' an_ 9B to create an embankment for detention of high flows in the wetland. 'The ern6; ftkment will serve the w dual purpose.of an access road for maintenance of flood contrdl, structures. Changes to existiri hydroperiods of these wetlands has .laeert-„mirumid tluph lase rat az;tlet 1 structures designed to allow greater sturmwater discharges during high flow events, theroby reducing or minimizing increases in duratioir cif in andatioii resulting from such evOts. Theme impacts are discussed in more detail below and have been.i ivicied into 6ect ,gnd indirect effects. Wetlmd Ilo' ad Analysis Dir�ect.•I�s:: � - . Direct wetland irnp'acts From this project would arise through filling or excavating of portions of deliheatpd vedanti areas-. These activities result in either a permanent conversion of wetland environments to -upland conditions or changes from one wetland type to another. Xq Wetlands 9A and 9B. An estimated total. D.45 a t wetlands will he permanently filled in this portion of the project. These areas nilrreritly support PFO wetlands. As mentioned above, Filling along the western edge �f Wetlands 9A (O.Oa acre) and 9B (0.01 acre) is needed to increase the capacity for storage of flaadwaters.,in. these areas, to reduce flooding potential for adjacent properties, and to provide an:.access road. for maintenance of the facility. An estimated additional 0:03 acre of.ivedand-will bie temporarily impacted and restored during construction'' (G. 02 acre' in Wetlinil 9A aitd 0.01 acre in Wetland 913). 4 :t 0 LK c! > lie ,.ate to Wetlands 3 and 4. No permanent impact r Wetland 3 are anticipated for this Project- An estimated 0.01 acre of temporary impact will result from the Kitts Corner to Wetland 2 stormdrain installation. No impacts to Wetland 4 will result from the project. V4..i ljacent pmperty owners have proposed fill of Wetlands 3 and 4 indepeatdently far '. site development purposes. Total wetland direct impact area would be 0.30 acres (not i6aluded in 'fable 1). Mitigation for this impact area is proposed with project ' imps&v Den% as noted in the mitigation plan section of this memorandum. This is suiaject o city: n�vier�v :;2�pprvvats,...pd legal agreements execution. Wetland . No"i3f .Wei Isare anticipated to occur from this project within Wetland 2, The northe�e�f rJgN, :to'af the irnpoiindment embanlanent and site access road will 1 souls of the siouthei :etlandaatder for this area. An estimated 0.01 acre of wetland'is likely t+ be''tem� o y irripacted during construction of stream channel p restoration irnpxpvemeuts near the storm' drain outfall. F� Wdld 2A. No peiEmait project improvements impacts are' expected within an Wetland 2A. An estimated teixtpo ' a9mmdon impAct of. il. acre will result from �. containment embankment and sp%liway caitsUUO . y1 In, rect .Impacts (Charges to Ify�r> log c Regime) Indirect effect9 v wetland environments eai�,occur: rivhen hydro,Wjj regunPs shift tb a degree that;,a wetland conununity type change occurs>{e.g , t'EM tv Gpeit_ water or PFG to PEM; er vnal . co , + aF eattie communication with Gail Terri AtM Cis �f gitlee , District), To determine the potential for indirect effects to wetjands as. a result'of this ` project, 'the fiequency and durations of storm events were shftulaUo usft'the. HSPF oDntiriuous,6mulitivn--hydrologic model for Wedands 9A, 9B, andL 2x- This :analysis `Com�`'exis6g'hydrologic and drainage system conditions with ifiodel simulations fallowing cost Wactign `af the project and full development of the watershed- Hydrologic pa a ;e' valuated =n ludW Oe-farequency of inundation at specific elevations withineach wetland and the,diiratiarr'vf these -inundations. Greater or less&...degr9es of intindativzt-`affect the composition of plant communities by favoring species rri adapte4 for the new site cq-h4 ions. Flooding reduces the supP1Y of oxygen to inundated areas. ` Importasitly: experience .has shown that, in general, dormant plants, as a result;yf red_ tteod,%�ioj6gical oxygen demand, are significantly more tolerant to flooding and changes to flooding than jcti�ely..girowing plants that have a correspondingly higher biological oil gen *' an-A..tonsequen#lyy •it.• is reasonable to assume that changes to the hydrologio•..regime would of iect; the existing community most dramatically when these changes occur d+aft the' time w4in plaits ark physiologically active, i.e., during the growing season. Accvrdfng�y, analysis of hydrQlagic 'changes were limited to those occurring during the growlg`'seas Tt>e "gi�+wing: sti" for this project area was considered to be the Maras 1 through Qctabrx 1l timefiram . Wetland 9A�. This wetland contains long-term or permanenM. t`s, dduig i r�tt r at' elev;., '. of 328 feet and below (referred to here as the "normal pool"). As t result; ,;ievaluatlon 6 ,,„ ,. 6' indirect effects to wetlands resulting from �es in hydrologic conditions on this site is based on dmges in inundation depth occurring above the normal pool elevation of this ! : wet#"d. Fallowing full development of the watershed and construction of the project, ` more events at the lowest elevations above normal pool would occur during the growing season, than currently occur. Duration of these flood events is very short (6 hours or &ss). -Tbe• short duration of these events is coupled with a decrease in frequency of inundation at all other elevations and duration periods compared to that which currently exists (Appendix A, Tables A 5 and A-6). T e regulatory definition of w4iaz d; environments (Federal Interagency Committee, 1989) siiggest_s that inut &.lion mpst exceed 1 week during the growing season to produce wetland conditions,,' Eased on a 42-yam re vrd, all inundation events that exceed 2 days in dura8ori abov+e,,nowW f' I k, OO wottl�d-.beeliminated from Wetland 9A through modified outlet contmis.:.: Cot g4yently since the duration of these events is short, and := since normal ppoj.,Iev� wig be 6mintairied-oa`the site, it is unlikely that the physiological effect of •these changes .will cause significant changes to the vegetation rf present in the area. in, fact, the modificatiphs Will -result in hydroperiod conditions that = may be more similar to 'conditions.'prior W impoundment front existing outlet controls. Thus, no indirect effects to either structurie -.,or function to Wetland 9A are expected from this project on Wetland 9A. Wetland •9S, Similar to Wetland 9A, this werlaiid. is not expo cite to esperience••any significant changes to its hydrologic regime•, during,41he growing seas. 1purinj the dormant se.son, Aigh flows are expected to be't'etained an site fa longer .periods ,than currehtly cticcur. However, this would occur only af the Iowest-eleyations acid only for short pettods. of t xne (9 hours or less). Wetland 2� HSPF .sirmutated modeling results indicate that eiiVadons 283 feet and below will be inundated continuously for periods exceeding 7.5 days. Elti adon ,283.5 feet will tie inundated:ore' annually -..for no more than d days. If one assumes ing'a 12-inch capillary rise would occur abovp..this standing water in the sandy loam soils present on this site, mcrtased i"hdatian•couid'affect wetland characteristics of communities growing at 284 feet in ej6iition,and below. The total area affected by this increase in inundation is approxialately Oel acre:: However, a vegetation community shift is only expected below elevation 283 where a permanent pool will be reestablished. Therefore, the indirect impact area is lintiteil. to only 0:47 acrd,• Vegetation has been mapped on• this -site as PF0 ('Sheidnt 4L id Associates, 1992, "Campus Gateway Wetland"). However; -as part of a larger PI~Q,. the lowest elevations of this wetland are actually a PEM ryW...,­: his `MM wias shot siiawn on wetland maps because, as part of a larger PFO system, the -,area encornpasserl°by this PEM was not . sufficiently large to include it as a separate 'wedand 'type- (Dyanne Shel—personal communication; Cowardin et al., 1979). Neverttkpiess; the existing vegetation 'in the area to experience increased inundation is representative of`:j?E +i ecosystems. i 7 Stream Impact Analysis Tribry utaStream channels will be affected by this project in two areas: S 336th Regional Kitts Comer to and the conveyance area from Detention Am (Tributary 0014), Wedand 2 (Tributary 0014C). Additional information specific to the impacts of these :arias e.anbp. found under "Nfiti gation for Impacts to the Stream". : Wettand and. -Stream Setback impact Analysis N Upland ject corridor will be S tbacks surroiinding'thi�.wetjands along the pro affeqtOd jhrd'tgh and construction of an embanknient'idja9bat,eand? cj6 . astruction of embankments and access ' Ao WtlZZ - 'i roads for the.Wetland 9 .(A end B)` complex, as well as development of the regional stormwato detention fatillfies:'and associated wetland compensatory mitigation. A total -of' 5.0.:-a'ptb4ck-will be crqs of 8 affected by this proj ect (Table 1). Proposed Mitigation fhr .frOj: d..%TnJ*t!s ' Mitigation for indirect and direct project im*. ts,,t'o %Yetlaftdsd­streAra% an up an.d sabadk arOs, wilt: vary depending on the kind and ration 6f thOMPacti' Ta " cases, pr(jict design acts to sensitive areas were Avoided`�qthete possible with. predesign prqect improvements. where impacts were unavoidable, laybut Of Odibfe, deAgns minimized i_' jmpact,s within 66- limitations of the project and the available propet.ri -of- way. These (p efforts resulted ln,6�6`da 12 acre of wetland and stream directly ernitin ead y) impacted y excavation or`filli�g operations Of 0-7 and 0.,-acre: cifimqted) temporarily impacted through project In- addition', aii: estimated 0. 51 acres of indirect impact areas will result from inUlidab'Difeff tsl;-. Hf)wever,,,�i&e --the primary goal of this project is to better control stormwater flows - construcli6n of project facilities will produce unavoidable indirect ...p J - impacts to portions of the, tributary;: strums a , nd wetland and stream setback areas Detention of stoemvyat& discharges Aiodfy the hydroperiod of the existing insucam wetlands and, as such, iridir&t..cffects -,*Ill beTtOt boly inevitable, but desirable if the project is to be successfuL These -impactsand.-.Propos6d mitigation are summarized in Table 1. The following spon of the rat nak b hind PrOPOsed Mitigation measures to compensate for them. Mitigation for Direct Impacts i4`-Wetlnos Direct impacts to wetlands will be mcornpensated'by:�6ongruc ' Mon""Of lie ' W wetland"... environments at ratios consistent with the community type: affected aped av-!&scribed1n ti the Federal Way City Code. This will result in the con�tru c onof. :0.334c'ie of to Compensate for the estimated 0.19 acre total of permanent And temporary :7 wetland impacts. ---------�n-,addition, proposed mitigation will incl4ditional area for proposed filling of Wetlands 3 and 4 as part of adjacent site d6velopment activities by others. For this, an additional 0.90 acres of PFO wedand. will be, created at the required 3:1 replacement ratio for the 0.30 acre wetland fill impact area. AMfigadw for Indirect Impacts to Wetlands hydrologic -4 xzgiTe of all wetlands that are in the project area and adjacent to the StIriiani...6hVirws will aange as,.a result of this project. However, of the 8.12 acres of adjacent W"ed, and�,alon& WA r�a*,'(Inly 0.51 acre of wetlands (Wetlands 2 and 2A) will undmo -hy"giq chang�s during the..grDwing season potentially significant enougb to whether hydrologier--regime Owtes have undesirably affected them. Additional (future) recommended that a &arpy undistu;W-; reft,+'ence wetland be similarly monitored to help determine that any W'etlaftd changes' that mt&­o&�n- are, in related to changes in Pr4ect and not to othet.: f;_�tors independent of I' project effects. MifigaOqn for Impacts to the Stream--, TWO portions of the tributary stream chan�bls_wilf�e affectcd,b Jhe.p ect'. So�th 336th Regional Detention Area (T. the steam will be converted into a combinauon of wetland- open water, 71, a 'd pland habitat. Siam this strem chann6l idoes noi support an active _f�sbe6, th� primary habitat support is provided t' -wetland dependent Additional habitat suvwrt is -Drovided to downstream portions of - o Ae 1Wii6rShq4 through organic export. Construction of flit detention pond and associated wetlan ' d complex is expected to more than offset the detrimental efiects of loss of this portion of the strearn channel and, as such, no,;�4didoni&_.nu1qga", for this action is proposed. this portion of ffie':stre4in segme . nt into,4,.storm drain will result in loss of the strearn'channO.-'�ejmc:M. This f the, stream channel also does not support an i�tive'fishery. 1n,4ddition,,- this':reach is unstable and deeply incised on a steep gr adient (;�pproxjtnatol .5 peftefit).: As such, channel erosion currently contributes eice0ive' se&l�nent_. to ft drainage and downstream wetlands and,'if pncfiecked, could pose pr'okjcm� in the future For these reasons and since the ar6 do#'-'s n6t provide sig�ificanf'. habitat support, placing this segment of the sticani i4to a,p-i-pel'i I 'coriside'r 60, appropriate and appears to meet the conditloq§ �f' Section t-11369 of tm Federal Way City Code. Mitigation for this action. would.cpniisi of.- � ^ w TOTE r IT. Cra constrimfion of an approxiMA00-fo9t section of restored stream channel within the Wetland 2 setback at the Pipeline 0-utfall. --y Mitigation for Impacts to Upland (Wetland and Stream) Setbacks ti Upland setbacks are affected by the project in four separate arms. 4 South 336th Regional Detention (Wetland 2A and stream) setback area: i o upland, ab tat t -1 pacis e M �W tiplan ' 4, gbacks consist of converting upland b wetland and habitat. Although some of the area will be used W pen water ab - fear aaccessr6ads and?::the de tention pond, the area will provide greater habit . at valueland habitat tban� tat that is composed primarily of �.Scot's broom (P.Asw Since the net 0 =9 upland various grass speCies SICO F* effect, of thew c6rf�versions is -a.. gain in potential habitat value, no mitigation is..proposed to, offset these conversions. In -addition, open water and upland habitat enhanQemot will occur beyond the wetland stream buffer. ans�. .,§&back: Impacts to this area will consist Vio Wetlands 2, j. an 41' .d iti. of storm drain, culvert, And'strearn cha6hei-construction and construction of the detention emb"nept along the south portion 'of the site. Approximately 0.73 acre of..s i .-bp- affwted. - Miqation pr6posed for this impact is revegetatioti of the, restoredstream channel cqii b ' Vied with similar enhancements to t he� upI '�n d Oback o the weO /stream mitigation site. x S Kitts Corner (Wetland 9A and 9B) setback axea,.­Apoxiffiately 0.5 acre of upland, setback will be needed for the project td.ponstruct Mond protection embankments and for maintenance access roads along the - western` portions of these wetlands. Mitigation for these impacts will :consist of enhancements to existing upland vegetation of the area. These enh�anoi . inents, will include control of exotic vegetation and planting of native species where. feasible. Conc�#tual Wetland-'Attigalion Plan The following conceptual weffiiid mitigation plan" diicuss6 the project goals and objectives, the mitigation project site, installation ours ideratioas,--targets and potential for mitigation success, monitoring of the`de*�Iopment of-ibe mitigation project, provisions for mid—murse corrections, and the need for -reporting of mitigation prq4ea.,developrnent to regulatory agencies. Project Goats and Objedives Tl`>sv overall project objective is more .effective control of stflrmwater quantity and quality leading to habitat protection and enhancement downstream in the regionally significant West Hylebos wetland. The goals of this Litigation are, at a minimum, to replace wetland structtare and function lost as a result of this project. While in -kind mitigation is a gopl,. some species substitutions (e.g., planting sedges and rushes to replace reed canarygrass) will ki�, used where appropriate to enhance the species assemblage of coinpc.Psatory ecosystems. Based....on the predesign layout of improvements, a total of 0 12 acres of wetlands and. stream will be directly affected by the project. Of this area, replacement we6and corn muni ties %'�U be;.established onsite to the maximum extent practicablf. (.e., Mthin the West f jylebos -basin). Location' and Cgnerai Confider #ions. Several areas have beca selected as potential wetland mitigation sites. Ile largest wetland creation area `laps between. Wedand 2 ,and ' 2A. A combined PFOMEM community matrix will have several P'SS wetlands embedded within it and uplands established from native species. The setback area acljaccnt to fhe created wetland will be upland forested communities. Along the west acrid north sides of the S 336th primary detention.cell, upland shnib community will be planted. These:t:vmrnunities will be planted with -4 mixture of native upland skies mill- rwl nitvred'Lsimilarly Ito the;created wetland. Rased upon a 3: l and 1:5 replacement ratios for PFC7 and PEM wetlands,: respectively (Federal Way City Code, Division 7, Regulated Wetlands), a total of 0.33 acres of Wetlands will be needed to compensate for permanent and temporary wetland losses associated with the project. Setback areas within existing wetland and, scram buffer areas will be mAintained around all new wetlands. Mitigadi6n .lnstallotio.n and Management Approaches Clearing and Grubbing Prior to excavation work, removal of exotic vegetation, notably himalayan blackberry and Scot's broom should ocd*. These bushes should e .extracted with as much of the root system intact as possible ati+d.,disposed of offsite..:, Additional- exotic weed control should be implemented on upland setbacks.•adjaeent'to other wetlands in the project area to enhance their overall habitat diversity. Earthmoving Considerations Establishment of an appropriate hydrologic regime is:critical to the succ6sfui installation of replacement wetlands. In this regard, the need for accurate site grading cat not be-... overemphasized. Small deviations can spell the difference between a-successfuljy 7 7--mm -Pow established community and a failed Planti*. mpliance witty design tolerances will need to be maintained during the construction period steep side -slopes result in proportionately greater fluctuation in frequency and duration of o flooding within a created ecosystem than when slopes are gradual. d aI C n sequently, weffanO,designs should incorporate very shallow grades. As water inundates a site, this slope requirement provides the largest "wetted edge- possible per increment of water rise. As a general rule, grades used in wetland creations should not exceed 5:1 and the -sr- -upland transition zone or along berms separating the gradesare best used in the wetland projectfrom adjacent lad. SbAower slopes (less than 8:1) are preferred within will use these maximum slope criteria within the mitigation atua bbundaries,` project `rnitigati6n.site,area_,'to meet siting, constraffits_. The landsc4pe o I f . tlopro posed" Mitigation site will be contoured to ensure adequate connection wlth'ground:'and. wrface wat�ilp%;wWe minimizing earth -moving requirements. Soils on the site are mapped as Ever6tv aN kderwood gravelly sandy loams (USDA- SCS gc­bi�tween 280::and 283 feet. This 1973). Mitigation site el6ations '-...WW ;,,'ran - elevation assumes drat the permeability_ o(,(heunderlying profile is low enough to retain water for sufficient periods to create wetland enyironments.,. Additional design considerations may be needed . should mitiottor.i'situ 'soil c - onditions show otherwise. For l.- I ' T!* example, use of soil bentonite amendments can reduce"e." perco ation. and assist in wetland creation .where excessive internal drainage, of the soil lip wetn Contouirs of the mitigation site to be realized fol. dwirig fifial,..9 ridihg-aire shown on Sheet . • 6 of the predesign drawings. An additional foot of mat&W' below final gra.Ae will be excavated . during initial site grading that will be filled to fitial grade with topsoil mulch and/or supplemental organic materials. 'Figure I tfie F Project, shows a Ecological Crass --Section of Proposed Wetland MiLigati�n P oi typical cross --section along the finish grade and a plan view of the proposed Yp V .1 .. area. Wetl4rict'commumY t per sislence is greatly enhanced by shallow slopes. Within the Mitigatidn area, slopes' do.not exceed, 8: 1. Grades along the longitudinal axis of the inverts of the site are: 100.1 or shallower. These low profiles provide opportunities for the new wetland commurlities to shift ift &Ir`djjst:fibution in response to changing hydrologic condWons"and-ens'llre sustainability. - Within the setback area, facultative upland and upland species will,be-established oo: sldpees... that do not exceed 4,1. Site preparation Following earth -moving, site preparidon.-,sbouW ptovi.d'e a, good seedbed for transplanting. Timing of mechanical site preparation . should fallow good agricultural 0 e practices with particular attention to soil moisture status f the site to rniTiimi cladding and offitz soil tilth problems. When possible, soil,sampjing`and."nutn.ent analysii. should OCCur well in advance of site preparation to determine fertilizer requirern0i.t s so: :that amendments can be incorporated as part of site preparation..-: 12 Sod StockpUfng and Amendments Tice potential for high functional performance by the replamment wetland can be greatly impmved by conserving wetland topsoil from activities related to the detention project 00 transferring it to the mitigation site. Many of the important functions served by w0,tlmd9 am ultimately based in the quality and quantity of net primary productivity withal: an ecosystem. Soil nutrient and moisture supplying capacity is critical to ecosystem productivity. Much of this faculty is found in the top 6to 12 inches of soil. To" soils aiso.eontain`seedbanlcs.for subsequent revegetation of the mitigation site. Where wetland -,soils are resit available or.. where transfer is not practical, upland topsoils can.?be :used and tressed witii.,wetlind topsoil spread across as wide an area as possible whild inaiittgning' a depth of at lit 2 to ;3 inches. Alternatively, clean, well - decomposed organicmaterWs fmm offkite sources can be incorporated to improve soil organic matter -content: and Increase the.tgpsokl thickness. Stockpiled topsoil should be transferred as;soon A�--possible to'inWmize organic matter i mineralization, heat buildup,;, and seedbarnk mortality:' StockpiIlhg should be confined to upland areas. In addition, other soijrces of wellidecomposed, organic matter can supplement topsoil available onsite� Soils should be sampled as soon after stockpiling as, possible aii.d sybmitted for;fiatiDratory chemical analysis. At a minimum, soil anallsis hound indude66i.N, available l?, K, CEC,.. base saturation, and pH. Prior to planting, 26 to;40;pounds.per acre of 1►l should be incorporated into the soil. if needed, seedbed piep4mb6n slr did b, ext6nsivc and cal. cohibine'disEng,:!harrowing, and/or rototilling. Only a few siiiall•'elods should be left. Following soil tillage, the seedbed should be rolled with a Corrtt,&ate& roller .to compact the soil firiialy prigr-to -sowing grass seed. Planting Plgh A The recommended. cpx ceptusl planting plan for the wetland mitigation site and upland setback area is shown on ViggreJ. Species substitutions are suggested for this creation project to enhance the bie logical diversit r aid the percentage of native species in the project area. Vegetation esMblishment..techniques could combine transfer of some existing trees and shrubs from nearby., impacted wetlands, providing a seedbank from soils transferred from ocher poitinrxsf the projects and plaantiig.woody and herbaceous vegetation. Some of the veg' fWion;. will � natdrallyi regenerate from seedbanks. Species planted will form the foundation for the subsequent wetland community and will include at least the following plant species: • Forested: Oregon ash, black cottonwood, red alder,,:western red cedar (nuja plicara) • Scrub -shrub: Willows. red -osier dogwood (Cornies slolontrera) > Pacific , ninebark (Physocarpus capitatus), and Indian prim ILI 13 r`' Mt `? F; Emergent: Meadow foxtail Akecurus prateruis), slough sedge (Curex obwvfa), small -fruited bulrush (Scirpus ndcrocarpus), and skunk cabbage (iyslicai:m =ericanum). Native species derived from local seed sources should lac used whenever possible. Black cottonwood- and willow can be planted as cuttings and Oregon ash as seedlings- Woody seedlings should be planted at approximately 10- by 8-foot spacings (l(1 feet between -rows and 8 feet hdween trees in the row). cuttings siiouid 1 .1$-24" inlength-and soaked in water overnight prior to planting. They must ii-em in l ydratati for as ,tong as, possible after planting to ensure rooting success: Ideally, planting should. be done in lAte fall or late winter to minimize .� dehydration and„enhance rooting: if theztkgation site is subject to frost heaving, late *" spring planting of rooted cuttings should, be substituted- Cuttings and seedlings can be planted either with a spade or dibble bar leaving about 2 inches of the cutting exposed above the soil. They 'should be:`frrm3y tamped in place ("heeled in") to ensure good soil- Ril root contact and eliminate air spaces around the roots. Most of the species suggested., for th..�e PEM c❑mrti- xnities can he drilled and/or hydroseeded. The former is preferired ,where goad access. -to the site is available as this approach .allows better spacing control': Slough sedge should be; t mnsplanted using whole plants grid planting should be done in late winter or early spring to ensure good survival and grpwth. Careful rerdrds should be kept during the planting operation to-documerit tife species and date of planting, 'site locations, techniques used, approximate number of seedl;iigs or amounts of seed planted, and the environmental conditions at.the-tirne� of establishment. Specimens -of planted stack should be acquired from the contractbr to verify, species planted,.4n thesite. 6mpoiti & con, r4i Control of coimpetirig vegetatiap--14�11 facilitate installation of the desired communities - Reed canarygrass wRt,Iikely compete vigorously for site resources particularly in more mesic arms where' woody vegetation is desired. -After planting, vegetation should be visually monitored monthly dunfig the first growing' season and control measures applied as soon as possible should- weed control appeal necessary-- Techniques for controlling reed canarygrass and other undesirable dompeting vegetation will include mechanical cultivation and herbicides where Accessary:": It .ls recommended -(and certain state regulations may require) that use of any -pesticides` be done only under the supervision of qualified personnel. In situations where upland topwii is used rather than wetland soils, additional effort should be expended in weed onvo1 over time, since,- ruithout-an existing seed hank, these soils will take longer for the site to be captured by. native -species.., Control of competing vegetation on adjoining uplands can be effec'tive,in eahantirig tile` biodiversity of wetland setbacks as well. This can be par ieula-rly eff& ve w ere removal and control of aggressive exotic species occurs. 14 ,:r:: Wti at:ion Performance Potential f Determining the risk involved in replacement of wetland structure and functions lost as a r' result of this project relies upon comparing the current environmental setting of the ;iutjgation site with the targeted environmental setting of the completed project. Site °hydrology; soils, and vegetation are evaluated for this purpose. Large differences &--tw,een the current site and the desired future environmental setting reflect greater risks .: that the'replaceTent ecosystenm will not function at the expected level. Monitoring should be coupled to, mid-cot4se corrections and occur at an intensity that reflects project risks. Hydr'oCogy x rt The mitigation site is located on an upland terrace adjacent to the West Hylebos tributary 0014 stream channel. Water comes to this site from overland flows off of adjacent, higher elevation uplands. Following construction of the mitigation project, site wetness is expected to be dominate&by overland flows discharged from the northern level spreader VIP, emanating from the low�how c"trlve rt. HSFF m6delling of adjacent areas to the north suggests that much of the wetland will be inundated of saturated throughout the growing season at elevations of 283 feet -amd below; Hydrology of. -the upstream wetlands at this elevation range suggests a groundwater' contribution a,$' w&L Soils The onsite mitigation area contains Everett-Alderwcod gravelly sandy looms. This sail type is slightly acid M1 to 6.5) to a depth of 60 inches4 Becaiiie.the new. -(wetland will be created in surricial soils with somewhat different propel -ties --than those'present in Wetland 2 to the north, topsoil amendment will be needed. Vegewiiart The planl community, oumntly present on the mitigation site is dominated by scot's broom (Cjrtisus sc .par u ), Himalayan blackberry, snowberry (SYmPharzcarpos atbus}, and Pacific blackberry.,(44bus=i;: nrrs,�. ,Reed canarygrass is also present adjacent to the existing wet]any#:,-��in-,con�iparison, th-6.wetlands proposed for impact are dominated by PFQ wetland and PSS vegetation including species- such as willow and red alder. The PFOIPEM community targefcd for creation will 'be: -dominated by forested wetland species and trend toward a facultative wet..to obligate wetland daniinated assemblage. This shift in composition will depend upon creating a..` ter environment than is currently present. In addition, control of reed c.A nary. grass will. be crucial to the success of the project. 15 'ii rr_77 Prqject Targets and Monitoring BeMuse of the aforementioned mitigation site characteristics, the risk of successful mitigation establishment is considered to be fairly high without WWW design am designed to rapidly identify the need for mid ti'ooniiderations and a monitoring program monitoring program is proposed to _.-Courst,c6frections. ConsNuently, a fairly rigorous accomplish this and ensure adequate performance of the replacement wetland. The mitigation project are outlined mipropoiad pr4ject etsand monitoring program for this u en vegetation, inTWi i�_' 2.1.:' steiq. development will be tracked through measurement of v etation, s9iJs,,:and.fiydrd19gy. Cifteria4or r�,vegetation performance and data for identifying when vegetation 6rgC6,6ve been 'reached arc,..( of these projects is pund in Table 2. The target a mixture of Wetlaod communities aForoxirpating the proportions present on the impacted wctiands � sh4wli in:Table ' Modification may!'6e needed if the perfib �-­ce criterion is not met during any given year to facilitate establishment of the d6si . re4,0'ommunities during the initial stages of development. These acfi� ities.Amay.. ineWde..--(but­9d -not limited'Aq) the following: replanting of vegetation; 'reukdval "or c;bntr;ojo'j compefing vegetation; temporary removal, control, or exclusion of insect,pests,ind/or brow§ing a�imals- and minor regrading. Any such activity will be undertaken ont after-noti-riratidn,,amd-'approval from the appropriate agencies and monitored by qualified wetland professionals. Project Reporting Y • h b Foj[Wwing"iniltallation of the mitigation project, a site -Wrvdy slbul 'be one and as -built PIOS pr4wq�. konitoring results will be reported regularly. Project re should Vorts include, Infotinati6n about the growth and composition of the devOopifig i cosystems and ,tontain suggesti6ns,abbut any necessary midcourse modifications; -,as . wgil as photographs too of th6 site pument vegetation cover and plant counts for planted giPck.' d g2 16 F-J Table 2 :Project Targets, Monitored Parameters, and Schedule for Welland Nutigation Site 1) EslabliA an -average cover across the site of at lead 80 pemcent at the end of 5 yc=s. Pexceotages of the desired community types (PEM, PSS, or PFO) will be similar to that currently pzlase`6= affected sites. Desired plant species that shcold be present within the communities are listed in ......... . VegerOion: .- $pa6 &mWsftjon2,,pe -Pi-TKNI. avail. P2, K2, Mg, organic C2 soily. TeAWMI:, % hw-liawnwiill, �admlagy --,$taff A gauge or ootinuoms'ro6or4er measurements for 2 years. biam-lo—ri-m -fir ,, ..'At -time of est-iblishme" "Prior W, esta� li±Lent jkn4 Auring years 3 and 5 f6llawing establishment qd-S "I Year 50 2 J! 4 75 RefAms C0Wardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of W&Jands and Deepwater Habitats of the United States. Office of Biological Services, Visb and Wildlife, Service, Washington, D.C. 47 pp. Federal -Interagency Committee for Wetland Delineation. 1989. Federal Manual for lden&ying and Deli mting Jurisdictional Wetlands. U.S. Army Corps of Engineers, 9"Vii9mintal Prptecfion.AgencY, U.S. Fish and Wildlife Service, and USDA Soil Cpnser"va# pn'Serwe, Washwr'on, PC cooperative Technical Publication. 76 pp. plus S hel&and Assoeiatti. 1 4 el3rtliation, Schaadt Property, Federal Way, Washington.... Preparid f6r S#ii(hSman* a�djfancock, Seattle, Washington, by Sheldon and Aswciat6sj:..SeiIfle,.'W. ;0dng a. S p1 er 10, 1992. 13 pp. plus appendices. Sheldon and A&Sociatts, i994` Kitts Qbmer Ares: " Wetlands.kssessment. Prepared for in ,I�on and associates; Seattle, the City of Federal Wa�,'Wgsh gton;,,6y §ie Washington. March 25, 1994. 18 pp. plusap*#ices. USDA-SCS. 1973. Soil Survey: KingCOunt-y Area Washington: in. waskingto _1 - - 9.. t cooperationcooperation-with the Washington Agricultural kipb�mpn Statida. N.pvtrober 100 Pam plus:`Maps. ti j 18 3t Stull 91 • r...✓02CD ----- 1•• fir_ �.....: � �..: �' ', .. . �� � i Fn T id i _ mi , •-1+r ,1• 1. •• •I i + FF xi ,v �v. y�. r•.�Y. n car -....... . - --.---- ............. .v? w� rm i E a it 49 • � �. fir. � "j'::..�] �,.�. ••:,. r +' all n 62 za rn 0 r+ o� ap* .i� � � 9 �,+- .' 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Rj?s Yam# Ll ITA I l' • .1 s A i I a a �3 r Cp f G I� P mo l a r .i� 'r �y—� i� c3# _ _ i'1 r'• � � aa+e i�ti [ ,F�,A �� T. 3��:. � F�5 '�yl. �.. •� �r� � •i k� � is �� � 3� .. t rd fi � i G � J4 brr�" - f Y 1R ' �_ !r :•E p � K3t•: { L.� i ; � � 'gip i.� r ; v a qv ., u3 c F J1 r Irn gO 21 �" a �� id a ��•-.�:' :"•� �; •'$ �y.:....'c� E u � a C_ a" � $'�^ �- sY €Ali i ,s ri I rR See RowM of Survey by EWmred Consulting CnxgV, recorded under King Cbtmty .Auditor's No. 9607129012 on July 12, 1996. The tcgd dexrq)lions in ea& caswmt are taken direct from the Record of Survey as certiOW by Tim Wickham P.E. E1 MIT "Gp l�'iillLLCCli�ii�7 lI SEE WAGE C- 7 of Contract Documents at Exhibit "E" - s;: �eVtiS � • ` Or Coll �. .s' • •fir' �'`�, } 67 • �ti ti' � M VJ NMIT CCU, SEE PAGE C-2 of Contract Documents at Exhibit "E' -cl I P WN i m�+,,. Hifl 1, l S. i i e r1, FUJ FOWRECt3RD AT REQUEST OF: City Ted y= ; City ofteral Way ,,'' 33530 First Way South ; � a• • Federal Way, *A 9SP63 �` Attn: Londi K. Lindell, City Mtarnq - ID AND AFTUgTI I NT SURFACE PERPETUAL EASEW4gT .,FOIE. WATER ST.E UCTURES; fQRTIo� t..(�F,PRi JE?ICT WAD, WETLANDS STRIE.AK.]REC0NMUMQN FOR SOUTH 336TH AffnGATIONl AND STREET f S t. OAN9R FROJECTA , For and irt` consideration of One Dollar ($1.UQ} and, iitier; aluable..caris clezatia , the r0ceipt of dEAT+IETT� M. 4CHASE, which is herehy ac rnowledged, WII•LIAM J. CHI$E :and husband n+ife, as "Trustees under the William I Chase aid Tear►0teC�astr Lir�ir�g Trust; 'Fr and: steel under the JOOD and SARA MacLEOD, husband azld vrife, as BI H MacL- to and . John.: H. MacLc�d axtd Sarah MacLeod Family Trust (-GRANTORS!'); convey, and warrant Corporatiba., "QRAN'TEE") for the Y a Washington Municipal the,;C OF FEp1ZAI. '► , `tiereinaf set forth :a perpetual non-exclusive easement over certain real property purposes er u " located in_Fe . al Way, Washington, legally described in EX�libit A attached (the Property ,.}' ,' hereto ani 'zdcarptuat herein by,�iWis-teference. Grantee's rights shall be ex0iriised :�it1y upon xh�t portion of the Property ("Easement") set out Survey by Barrett as the surveyed wetland' arrd b iffer areas:, on Parcel E of Record of and Consulting Group, recorded tendering County Auditor'sNumber Exhibit B attached h�ieta nd ancotparated herein by this reference. Ie;ally described in 1, Purpose. Cnrantee shall have thq nori4ex lusive perpetbal right, without prior notice to to Grantors, at such times as deemed n6cessary by. Granted;` to enier-upon the Easement replace; anddat' repair n earthen :embankment and its construct, maintain, inspect, operate, appurtenant structures ("Dam"), surface water . facilities, various mitigated,•._�vetiands and a constrEictinn of the stream channel (collectively, the "Improygmexits"}: Q�ce,tho reconstructed y. •+ ii M1- S• f linprgvements has been completed and in the event Grantee elects to reconstruct (excluding repair qr yeplacement� or enlarge the Improvements and the cost of such work exceeds the am(mal of $100,000_00 and such work will have a negative impact on the Property, then ' Grantee shall give notice to and obtain written permission from Grantors, which permission *11. not. -he -..unreasonably withheld, for any such work; provided, however, that such notice in "a&anc;e shall not-be7'iequired in the event of an emergency, but immediately thereafter; and provided further that nothing in.••tifit Section shall be deemed to constitute a waiver of Grantors' rights tQ?bring -,any :claims ,-against the Grantee for any adverse impacts to the Property pursuant -to �Ippticatile law. 2_ Acknowledgirient-'of Own&thip_ Grau toffs recognize that the Dam and its appurtenant structures, including but ndi lire ited to pipes, ..Catch basins, weirs, and any other storm water facilities belong tv'and are valdabie:propErty of tie Grantee. 3. Obstructions; Landscaping:' Gr�nte� shall .have tl e.•right t6 reFnove vegetation, trees or other obstructions from within the Easerobnt. 4, Access. Grantee shall have rile right of reasonaote access to ..t4e Easement to enable •i Grantee to :exercise its rights hereunder. Such... access ,. will.' be` afforded via art•. Access Maintenance Rand Easement, recorded of eve�a date ,Against,, tine Prpperty_ If such ;Access Mainten=r a Road is unavailable to use for access,due•'to;an etnergcncyy.:Grantee ghall:have the right of ��mg to the: Easement over and across the Property tp enole.Grarttee .•to exercise its nights hereunder< 5. t f Use of Pro a and Easement. Grantors reserve the right to use the Property and Easement: in Order to damply with City code requirements for'opera space, greenbelts, significant' •l ee tr iti' ion.- or -maximum lot coverage. Further, Grantors •.may install, at its expertse and in. •cfomplia'fice°with all applicable taws and codes and after obtaining all necessary permits 'kid -approvals, such facilities ass- may be reasonably necessary to provide for direct discharge of treated stprrn water from the:Property to the Easement, which facilities shall not interfere with Grantee's uso``Qf thel'Easern�t.. ,Further, Grantors may disturb wetlands areas on the Property and Ea'semerft to"' m4-ke future connections to any existing sanitary sewer lines so long as such action does root interfere with .Grantee *:s vise, is in compliance with all applicable laws and codes and after obtaining al(neeessary permits aM. approvals. Grantors may install landscaping on the Property subj.e�t•••4o Grantee's reaSrtnable appfpval of such installation and after obtaining any required permits or,' appruN,ats thei refar, in compliance with all applicable laws and codes and so long as such landscaping is riot incQnsistent with grantee's use, 6. Successors and Assigns. The rights and•.obligagO_ ns pf the Giantcrs.,and• Qrantee shall inure to the benefit of and be binding upon their respective uccessois, heirs and assigns, 3434ah106.Esl -2- ti; . .r y ._' x :s .7. - iabils Grantors and Grantee intend that all issues of liability with regard to the operation and maintenance of the Improvements and the use of the Easement and :cvnstructiort, the Pry e . b Grantors and Grantee p � y shad be determined under the current or then existing .r'•K:. d thi's y 1$96. GRANTORS GRANTEE. CITY OF FEDERAL WAY, a Washington -, Municipal Corporation ti By_ •+ William J. Chase, as Co -Trustee Kenneth': Nyberg of the WilliamWilliamJ. Chase and `: Its Ctty'Manager,• Jeanette M. Chase Living Trust .. AS"TO-F6RM: Jeanette M...' hqc, as' Co -Trustee ... of the, Will am I.: Chase and Jeanette M. Chase IJving. Trust Londi K. Linden; pity, `AttornrY John H. MacLeod, as''4Ce:Tiuitee of the John H. Mar;Leod and , Sarah MacLeod Family Trust' o., y.� Jest..•. Sarah MacLeod, as Co -Trustee of the John H. MacLeod and Sarah MacLeod Family Trust .r' 34344MO6.E5 i .i' •`' _,� -.1111 11".,Fulw T R1117 .7 T' .�TATE OF WASIUNGTON CQbNTYO.F day of 1996, bef ore me personally appeared William J:,-' ChAse tp W knaft­.(or proven on the basis of satisfactory evidence) to be the Co -Trustee ,andef that certain William je-'Chase and Jeanette M. Chase Living Trust dated ar who executed the within and foregoing instrument, and aeknovAO§ed the: said :instMjnent t6 be Ws-ftep and voluntary act and deed, as Co -Trustee, for the us6s,,-odV'urpos� thOein -mentionefL X.W IN WITN, ESS. -WIM : Md, F I have hei-eiin : to -set my hand and affixed my official seal the rsti`i6ove wn day and year first T" _'PIJBLIC iri.. and fiv..,fhe State Of ]�OTARY. WWdAgWn,rft 1719at �► M.X. cfiminissi'on expires Priiii Niiane: r ............... STATE 6F wAS'HNGTON Ss. COUNTY OF `�rrtoniity,"appeared Jeanette On this day of 1996, before in -pe PAL Cho se to'! me.knG*n -proven on the basis of satisfactory evi q�);b be"the Co -Trustee c7tain jiliarVr vtng h I Chase and Jeanette M. Chase U Trust dated and- who executed the within and foregoing instrument, and actruor�rted ed the said instrument" Obe her free and voluntary act and deed, as Co -Trustee, for the uses and puiposes.,.therein.-tr entioned.. IN WITNE9-&,W�REqt I ha+*"hoeunto set my hand and affixed my official seal the day and year first above writtefi. NOTARY PTAL.JC iti"ah-d for­thState of Washington, residing at My cornihissidii extirew Print Name-. S, ......... .. 4- 34144M06E i. a• - S'1`A-rF OF WASHINfGTCN j ss_ •C�f1�TY G� } On -this day of 1996, before me personally appeared John H.. 'py od to nkj�� 1p:(or proven on the basis of satisfactory evidence) to be the Co -Trustee under' tits certain S Iris H. tacLeod and Sarah MacLeod Family Trust dated .:- ti ;, •-=., aid:: o eecuted the within and forcgoing instrument, and ackhowled " tts+e said.instiunieat to ;i his-•free;.and voluntary act and deed, as Co -Trustee, for the uses- purp►ses'"theXirrlenti``' IN WrMSS Vh-MREOF I have hereunto get my hand and affixed my official seal the day and year first above *ritteri- 00 •�: ROTARY~Pl<JBJC iri'4nd for tie State of t VVahi ��ton, residi ig at ley. a nrgissidn expif s Print• Naui�e: F WASUNGTQN } COU I"Y OF On clams day of 1996, before me persomaily appeared Sarah MacLeod• t# ' me Icrrawzl •(or proven on the basis of satisfaetory evidence) � li0 the Ca -Trustee under that 9"in Sohn iR. MacLeod and Sarah MacLeod Fatriijy Trust dated r; and' i W•"`i�xecuted the within and foregoing instrument, and acknowledged the said •instrumj�nt to be her free and voluntary act and deed, as Co -"Trustee, for the uses and purposes thereiu..ruenrion ;- 'YI -• •1, 1N - SS CEO. 1; have hereutit�o set`rny hand and affixed my official seal the day and year first above written. NOTARY PUBLIC i r�!Wrij for th6 "State of Washing n, resi¢i n&-•at My corn ffiissl on expres ::_ - Print Name: 34344M06.P.S1 —, ,S ;X STjVrE OF WASHINGTON } ss. of COlIN . F ) On this : day of _ 1995, before me personally appeared 'KMNNETH E. N"ERG, to me personally known (or proven on the basis of satisfactory evidedce) :to e,1ie City-_Mwmaer -of• the City of Federal Way, a Washington municipal 6prp,6rati6n, ,::ih� cap tion .that ex6cuted the within and foregoing instrument, and aciociowledged.said'instrume: D nt to Wa free,,spd voluntary act and deed of said corporation, for the *tse afid purposes therein rnerAxoned, sid' on oath stated that they were authorized to execute the sal d m-' 9r =zat, .and .n4 bath fOflier stated that he was authorized to execute the said instnment•for the.= ;•and-purpgses thor�iri' �nticned. IN WMgESS WNEREbF E.: have hereunto set my hand and off xed my official seal the day and year first above written. '7 NOTARV PUBLIC': in;'and: fort state of Washington,: rgjang,--: J My commission expires:: Print Name: s' •!� r . 34344M06_E53 —6— .s'' FIt-Lz F4R kECORD AT RFQ[iEW ❑F: 'Citgi off: Federal Way :..: MM[,L TO: City of Tyra! wayv: 33530 First W4Y Federal Way, 'LEA 99063 Attu: Land! K. 1.i 11 ll, 4ity ►° tto*y -' t' C EASEMENT FOR WETLANiDS, .MgAM AND BUFFERS `i FOR 336TI3 STREET/Km* coRNE�t P`R[).iF�' �'•.. .A ,l VJ For an¢' in cimrAdeiation of One Dollar ($I.OQ) and a�(�Gr val iahle"cnrtside><atiase, L e receipt of wchi heteby �cknowiedged, CAMPUS GATEWAY AS906AUS_i a .ngton W e3'Shi "GRANTOR"a grants, conveys and warrants to ;'`the' CITY O� Iimi#ed p� .. P.` ' Ii l RAiL *AY a�+'flVashipgton Municipal Corporation ("GRANTEE"y for the purposes l`'reat property (the heWjinafter-':k t (drth a perPet? nonexcusive easement over certain:.;described in F,.. hibit A attached "Prop r -y") JoC" •-•federal:` Way, Washington, legally hereto andzjtcbrporat�d h 'by his "Teference. r portion of the Property ("-Easement") set #hat Grantee's rights sbaii, be cisedf yr y out as the surveyed WOW& otce.,huridred foot wetlands buffer boundary on Parcels C and B of Record of Survey by Barrett �an0ltin ,soup, recorded under Ding County Auditor's Number and;YegIiy described -in Exhibit B attached hereto and incorporated herein by this refer4, 0 In 1. PPurplose. Grantee shall have the non-exclus ve ,:perpetual righu,''vuithout prior notice to Grantor, at such times as deemed necw!s kq`by Gi antee,.•. "to eater goo the Easement for the purpose. of using the wetlands, streams, and'- heir 3respmct a b4iers s6 as -.to maintain the conveyance capacity of a required storm drainage b"the Grantee .praject,tieini cOnstN-ctbd y and for the purpose of constructing, operating, rnaintining,; inscting, :: •replacing, or 34345MO6.ES9 s� IF fepalrmg. surface water facilities, including pipes, manholes and other appurtenances (collectively; the "Improvements"). Once the construction of the Improvements has been :kornplet6d and -in the event Grantee elects to reconstruct (excluding repair or replacement) or entarge the'Improvements: and the cost of such work exceeds the amount of $100,0W.00 and such ,work'will have a negative impact on the Property, then Grantee shaft give notice to and .obtain wfittch PUMIS sibh Irom Grantor, which permission will not be unreasonably withheld, fbF. any such work; provided, howrV'e­'r'_-,­- that such notice in advance shall not be required in ft.eVent of an ernerg6cy, 6t�".iaitcty thereafter, and provided, further that nothing in this Section shall be dcmedjo comutute,--arvminer of Grantor's right to bring any claim against tlie.dra�tee-44--. any.46trse irapacts to tfic,'Pr9perty pursuant to applicable law. 2. Access. `Qrante'sh4R hVe the rigid .,of-r n�a nable access to the Easement to enable Grantee to exercise its rights: "hereunder::` :Such access will be afforded via an Access Maintenance Road Easement.record6d of even 'date .,against the Pripperty. If such Access Maintenance Road is unavailable to use far 'access -dJue to' an ernageky, Grantee shall have the right of access to the Easement t over slid across th.p.Property .to enable Grantee to exercise its rights hereunder. 3. Granter's_ Use of Property and F�aserhent-!, Qrantof reserves the rzght to.,--u'se. the Property ant! Fas,6rnent in order to comply with City erode requirern�hts for opm t'pace, greenbelts'l.. nificanf tree mitization. or maxirhk!m-4ot.�-,coVeragt Further i_ Giant& may Sig X T!* install, at: their, upeq . se d in corn; with all 9pplk': bfe law.s.-and codes and after an m obtaining all jieceisu�: permits and approvals, such facilitids as. m4y, 00' reagonkly .necessary to provide for direct .discharge of treated storm water from the, Property- tq'the- Easement, which" will.,'have:-adequato..,rapacity for same and under full build-o" ... ui`conditiong'and, which facilities shall, not '.iqte&re with Grantee's use of the Easement. F��.Ier,_'Grantor may dist�rb wc�ds arcs o4. the . Property and Easement to make future CO-no6ctions to any existing utility line.s sa"lon'g ag: suchaction does not interfere with Grantee's use, is in 7 compliance`Wfth all applicable codd and':after obtaining all necessary permits and approvals. Grantor may install landscaper k..-bn the Poperty subject to Grantee's reasonable approval of such installation and after dbWniqi "y req4ifed permits therefor in compliance with all applicable laws and Jong as such landscaping is not inconsistent with Grantee's Use. 4- Successors and Assign The:�flgbis acid okigatiofis' of tU:, Grantor and Grantee shall inure to the benefit of and be binding upon their-ttspoctive Successors bi!irs and assigns. -7w F., J Grantor and Grantee intend that issues of liability with regard to the operation and maintenance of the Improvements and the use Of the Easement current or then shall be determined under theCu t 0 nutor. and GranteePr QpPrty by C ...... cx�gft law. 1996. DAB this VrR1�lp 'GR&NTESL' q fiak. a ';:!C'jTy OF lFrEDERAL WAY, a Washington CAMPUS GATtW�YL ASOCI ;!.' ..._ ;. i'Municilal Corf*rztiDn Washington limited partnership 11 ti V. By, 1(e er-h y lq� LeDnAid. C. schaadt Cray a its CeneiA.Partner AppR TO A$ TO., f V4 I-ondi K. Lindell, City A�?iney § X 3- 34WM06-ES9 S I' .STATE, OF WASHINGTON ) } ss. GOCINI"Y OF ) C]n =this flay of , 1996, before me pea'sonally appeared >IANAB C:CX[AAD'P, to Vie' (or proven on the basis of satisfactory evidence) to be the g6ner>dl partly- of CAi1�r3S'GAT°EWAY ASSOCIATES, a Washington limited partners�p,- the . parts .mhip- that - exer-pt6d , the within and foregoing instrument, and acknowledged:. said ittstruMent: to be.`(hC--'free a iluntary act and deed of said partnership, for the uses and purposes there, l6' -Taen ivrted; and on Oath stated that he was authorized to execute said inAmn=t. IN WITNESS WH l=i F;A have b6mu'nto sit,- my hand and affixed My Official seal .•a the day and year first abo,+e'writtien. •{ N6i'ARY PUBLIC iifapd for the_.5tate of Wasliingtan, residing at My commission e . ices Print Name` :,. m _ STATI-- OF-WASHINGTON ) } 55. COS OF . } Ori this gay :of 1996, before ire 'personally appeared KEN*ETH E. NYBERG, to, me personally known (or proven on the bads of satisfactory evidence)-l- be 'the: City* Manager of the City of Federal Way, a Washington municipal corporation, the co pozatigh that - executed the within and foregoing instrument, and acknowledged said iustrurrteut to he the fie. end voluntary act and deed of sa.ld corporation, for the uses and purposed th6reir1 mentioned, and on oath stated that they were authorized to execute the said instrument,and--.gIn. oath further stateil:.that he was authorized to execute the said instrument for the uses and purposes therein mentioned,, IN WITNESS WHEREOF I leave hsreunto ; set. my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC in .and:' for4he.State of Washington, residing; -at My commission expires Print Name: ti. ... n: Y L: 'ENANCE ROADAN D ACCESS MALD, M NWNT STORM RAIl�I er - I�or and in eoooerafihereby jc�m'wledged, CAWUS GATEW on of one Dollar ($1.00) and other .yal - fiaVe cq0sidati�n_iie`,Oece'Pt of which is Ay A:91;0�AT_X&'a Was)unWon limited _ o ERAL F-FED WAY, p,,t,e.tsVip,--�"Gp,,AN'r.OR"), grants, conveys, and warrants to the -CITY 0 tt�oso he aftr set forth a a w4ishington M i ipal _Corporation ("GRANTEE") for the PU n UnIte 11)Iocited in Federal at;. nowe,xclusivlt ewenlont over certain real property (the "ProO&.V pe'r-petu descobed in Exhibit A, attached hereto and in6rp rated herein by this re wiy, washingtqv, Ima�!Y­I! =Ce. Grantee's rights shall be_,exerv, ss6 . d only upon that portion of the Property ("Easement") legally described in Exhibit B, atta�W heret ..and irjc;Drporated herein by this reference. means certain proposed Thesed h the-, terqi ".the . . a. Pro.iect. As.,4 ' erei . b-basin area of the City, capital improvement projects to be locited M':--,.Oe *es; Hyl6bos Su,_.. 't-I(egi which are more fully described in the. 0 , "iod W-H 1 onal Drainage Analysis and VM 018 CIp 01 Project . D;e 9qb n kep,6rtlf :dated De=mbet 1994 (the "Project - - i ' ' for. the ;project 'dated Jvne,,.1995 ("Final Design Report"), and in the final design dra"'ng�-..` Design"). 3435SM06.W X qiy V X n Maintenance Access Road. As used herein the term "Maintenance Access .-F --koao` .means that interconnected maintenance access road to be constructed as part Of the Prc J, granted herein n qert acrqss three separate legally described properties. The Easement grant h i is one of't4tee 0) such easements and represents a portion of the Maintenance Access Road. The X.15_inal I36ii& for the Maintenance Access Read is set out in Exhibit C attached hereto and in0orpbratqd herein-bg'this reference. eret earthen embankment C, Dam...,"As used h n the term "Darn" refers to that certain that is.part_:6f the.41roject The Da mIs � ffitegral part of the Maintenance Access Road and provide's­access to tyj: west side of the Pioperty. 2. Pmo tee: shall ' 1�the nor�-�lusive, perpetual right, without prior notice to Grantor, at such times as deemed necessary by Grantee, to enter onto the Easement for ingress to and c-cress from the. Project 'and �as feasonably, necessary for construction, operation, maintenance, inspection, replace. ent,._and/or tepair of the Projept.:Once the construction or the Project has been completed' and in.,"the!event Grznte� elects 16 reconstruct, (excluding repair or replacement) or enlarge-'. the'. jec Prp aid where the %-cost of such work exceeds $100,000.00 and such work will have;'ia n"ega'tivo'Impact,-6R.'the..,"Property, then Grantee shall give notice, -to,. and obtain written permission frbm-! !Grantor, WhIqh` permission shalt. not be • unreasonably withheld for any such work; provided, boweWer,ihat such -notice in advance shall � M aot be re4uired in the event of an emergency, 6iut.:imifiediatel� thereaftef.J an 4-'P 'rov ide8 further �ffiat n4ing i t ;his �ectien shall be deemed to constitute a wajiier of ­ Grantoes,Agkts to bring any c1aims.Agai'st toe Grantee for any adverse impacts t-61h applicable Pr pur8u�ht to I law. T.," Access- (irantee shall have the right of reasonable access to the,._-Basdinent to enable by Maintenance Grantee to exercise its rights .hereunder. Such access shall be provided :-�he aint ancc ,rights -� e Access Road is unavailable to use for"access due to an Access Road.,/lPthe. eloanc emern ncj►;' Grantee; shall have - -'right of access to the Easement over and across the Property to enable Giantee t';exerci.5e its.,rights hereunder. 4. Grafite'es`hall- bea.r.all expenses associated with maintaining the Maintenance Access Rodd until,suchtime as Gr,antor commences any development activity, such as land surface modifications, ;on tie Property, Which. development activity requires the use of the Maintenance Ac6ass, Rba W­ All expenses associated d: (Yrant6r shalt b' with maintaining the Maintenance Access R6ad i n-gaciod cbndi tion"and repair i once such development activity has commenced. Grantor mays after. notice JCC to qraoee, bili - shall not be required to, pave the Maintenance Access Road at any"It'6e Grantor to d6sires.-So Ion$ as such paving does not interfere with the Grantee's use of the ltise`mint, ind.,complieS with ali-applicable codes and laws- .:,. g S.-..Express Reserva_�an. Grantor expressly reserves from the grant and conveyance of this - asement.the right to install and maintain utility lines in the Easement 'tn compliance l with all R aicable laws and codes, after obtaining all necessary permits or approvals and so long as ply sudh .:uti.lit]r lirif do not interfere with Grantee's use of the Easement. The Maintenance Arcs Rai will be used by the Grantor, its successors, agents, designees and other permitees 'f ingfess And:�gro and any other purpose reasonably necessary for the use of the Property rim iqcon"eni vAth Grantee's use'.m-d in compliance with all applicable laws and codes. If Cxrantee insta l!s lock d` bol#ards',in the,-, ►Iaintenance Access Road, Gwtor will be furnished keys of•same. C. Liabilif . --&anWr and Gr Ziee inteiid:`th�t issues of liability with regard to the construction, operation- and mOnterf�,nce o� the Froject and use of the Easement and the Property by Grantor'and p ntpe shall be �(teteifffoled under the current or then existing law. 7. Successors and Assi 's. The .iiigl�ts and ,ebli BtiorkS of. tie 'parties shall inure: to the benefit of and be binding upon their resgeGtivre $ucCesSars, heirs cud• ssigns- M DATED this day of 1996;' GRANTOR: ::frRO,, TES: CAIVfPOS GjkTtWA''� ASSOCIATES, a CITY OF FEDERAL WAYS a lVashington 0) Washi' on'lirnited partnership Municipal Corporation By. By: : Leonsdd Cr ScAaadt. Kenneth E. Nyberg Its General Partner Its City Manager p;pp1,0VE O FORM' Londi K:: iindelf City -Attorney a. r i' �TAT,E OF WASHINCYTON ) ss. COUNTY Q -this day of 1996, before me personally appeared LEONA.R6 C—AMAADT, to me known (or proven on the basis of satisfactory evidence) to be the gei►eral partner of CANWUS -GATEWAY ASSOCIATES, a Washington limited partnership, : the partnership *i t exm" ted the within and foregoing instrument, and acknowledged :sand lnstiumenf to be`the free"'and voluntary act and deed of said partnership, for the 'uses and purposes' therein nienttoned,; sand . on oath stated that he was authorized to execute said iristruiiiient- IN WITNESS• WHEREOF I tiave,hcreuntq. set my hand and affixed my official sea] the day and year first above wrigtn. NOTAIRY PU$'LIC - i n And; ftir the State of Was*i On, re'sldlno at �{ My Co' rnri isslon,_e$plres:�' Print Name; r. STATE OF WIAR,"_WCTON ) COUNTY OF } On this day.-.' of 1996, before me., personally appeared KENNETH E. NY$ERCY, to me personally known (or proven on the &asis of satisfactory evidence) to be the City .'Manager of the City of Federal Way, a Washington municipal corporatibri;--the corpomtion that executed the within and foregoing instrument, and acknowledged said instrwnent Ira be the free and voluntary act and deed of said corporation, for the uses and purposes tli6ein niegtionpd, and on oath stated that they were authorized to execute the said insir=etit, and on oath further stated that he was authorized to execute the said instrument for the uses and puriagses tltereira menu6ned. IN WITNESS WHERE .OF...I, have , iere ntnto 'set ihy.: hand,.and affixed my official seal the day and year first above written. ]NOTARY PUBLIC,in anfdr the State of Washington, residing at: My commission expires Print Name: 3.3355M06X53 -4 - +' ,t' EXHIBIT lull, FpLE FOR RECORD AT REQU gr OF: City 'Feq'r* y of. .e -Way To . ........ . Cityof-Fjqdcx4 Way;:.` 33530 First Way South Federal Way, WA 9*3 Attft: Londi K iiiidk A VT LNIJNDATION EASEMENT FOR 336th S� T-! R RETIKITT- C 0 R'ER PROJECT For and ihoonside . iation of One Dollar ($1.00j'and ,6ther va-1uah[e--00a5Wcr4pork,`th o receipt of whicti, is lk-Eeby ;acknowledged, CAMPUS GATEWA,:Y. ASSOCIATE$, .,I ftshington limited, , parm"eribip `;,("GRANTOR"), grants, conveys, and. wa-Mnts to the CITY OF FED)AkAje,'WA . Y, j Washington Municipal Corporation ("ORAiltME'll fbr the purposes herehiftei set., 1-fortli . a _perpetual real Property (the Wtual non-exclusive easement over n upo4ert?) 16cated iff"�ederal way, Washington, legally described' if ]*Wplt A, attached hereto an&"iitcorpbr led bq6n--.Py this reference. .,riots -sW1 be:.' eWe Ladd"brily upon that portion of the Property ("Easement") legally described in Exb1bit A,,attached hereto and incorporated herein by this reference- 1. INMose. Giantee'shab hgve the non-exclusivq,, perpetual right, without prior notice to Chum, at such times as ded-med.-,.necessary."by.40rai3te&;..to allow surface waters to enter upon the Easement. The Faseme,.nt rep&seqts the maxialurti'laundation level of 289 feet in elevation. 2. Grantor's !Ise of PropWy anA�a�mm�i%- dray for -.;reseres ,the right to use the Property and the Easement in order to cdrho� Wfth.j.'CitY cock req-6refflPts for open space, greenbelts, significant tree mitigation or maxithu;ii 1Q-1 cqVer,4ge-- Rirther;-Prantor may install, at its expense, in compliance with all applic0le law s.!and-o codes -aid after.., obtaining all necessary permits and approvals, such facilities as mmybefeasonablv necessary to provide 343-UM06.054 for direct discharge of treated storm Water from the Property to the Easement which will have adequaterapacity for same under full build -out conditions, so long as any such facilities of Gmtor shall, be located so as to not interfere with Grantee's use of the Basement. Further, Grantor ririay disturb wetlands areas on the Property and Easement to make further conoecti&s-;to any existing utility lines so long as such connections do not interfere with Grintee's uie of the lraseaner<t, are in compliance with all applicable laws and nodes and after obtaining ali necessary p'4' mits acid `approvals_ Grantor may install landscaping on the Property subject ta. Giranb="s,'- reasonable approval of such installation, after obtaining any required permits and 2�pprovais therFor�; iri t umpliance with all applicable laws and codes, and so lbng as suca landscapirig is not wi consis#i±tjt lwith Grantee's use of the Easement. 3. Successors and Assigns_ The -:rights ono bbligations of the Grantor and Grantee shall inure to the benefit of and be binding upo its respective successors, heirs and assigns. 4. Uabili1y. Grantor and Grarttm."intend ,that"`issues `of liability with regard to the use of the Easement and Property by Grantor and Grantee small be determined under the current or then existing law. BATED this day of I996. DRAM', €'2R• GRANTE ,... CAAOUS GATEWAY ASSOCIATES, a CITY OF FEDERAL WAY, a -Washington Washington hynited .partnership Municipal Corpb6don ` IRL StATIR OF WASHINGTON F cq6wy of -.,- day of 1996, before me personally appear(A I.90NARD C. SCRAA)PT, to me known (or proven on the basis of satisfactory evidence) to 1� thg�eraj NrWer of. CAWUS; GATEWAY ASSOCIATES, a Washington limited hi -dji- . pgib skip.-Igat C);6cuted the within and foregoing instrument, and P,amias P":. '.:said" in�ipe* to is -o`ihe Vee--and voluntary act and deed of said partnership, for the' uses end therein mentl6ned,. on oath stated that he was authorized to execute said iftstruffient.," IN wnwEs§ W9MZVbF havp -b'ereunto set my hand and affixed my official seal the day and year first al>tiVe #1itte.0'. U 1CC- in:.the State of VUhiYlj gton, residing4t My d6mmission. Print NanW. Y TA STATE ;OF WAS11INGTON 5 ss. COUNTY .OF me.-., p6rsodally appeared 0i this 1996, before NNE in'�& 9 BERG, to':;. me personally known (Or proven on the bui$ of satisfactory evid to W" the P't"y"Maoager of the City of Federal Way, a Washington municipal -'thad­�ie rn and corporation ....... iihe cof or;�io : I �p n executed the within and foregoing instrument, acknowledged said ins , trumeqt -f-b be the flee and voluntary act and deed of said corporation, for the uses and *poses.-thefein on oath stated that they were authorized to execute the said ins&um6t, In& 6 "46-ther, stated that he was authorized to execute the said instrument for the uses and pu oses ftrein mentioned. IN WITNESS YMERhQFj1ave heieunto se ,;t roy hapd-and affixed my official seal the day and year first above written. NOTARY PUBLIC iA anO for-th-e St4te of Washingtdir,':re.fiding at My commission,x Print Name: n 343"M06.FS4 S :_ 17 P51 -T Y: EXHIBIT-"X" { FILE FOR RECORD AT REQUEST OF: :City�af Federal Way MAIL TO: City of:Fedxal Way 315M7pirsi Wiy,louth l.~odw Way, -VA 9$003 Attn: Londi K. Lindell.' City.. Atwmey`` TEMPORARY CONS%R 1CT ON EASEMENT EDR A+IANHoLk At) _RE)LATED FACIi.ITI 'S For and in consideration of We Dollar ($1.P0) and gther. valuable consideration, the receipt of which is hereby acknowle�d&d, CAMPUS ,GATEWWAY ASSOCL� TES, a Washington limited partA1 partnership ("GRUOR"), grants, convoys, AInil warrants tv the. CITY OF FEDERAL WAY, M a Washington municipal corporation- ("OWTME' for tl�e purposes hereinafter set forth a p temporary construction easement under; acrbss--and. aver certain real property {the "Property"] V4 located in Federal Way, Washington, legally: desc,ribed in , ExbibiV`A, attached hereto and incorporated.=herein by this reference. Grantee's:rigttts. sha11 be exercised only upon that portion of the Property`'(''serrent")legally &wribod in hcltihit B, attached hereto and incorporated lter6n,, by,thiv r.cfer0nce: 1. `PnrnDse. Grantee and its agents, designees, and/or assigns shall lave tlt temporary right;= without prior notice to the Grantor, at such times as deemed necessary by Cr tee to enter upgA the Property .for"�e sole purpose of constructing a manhole and related facilities as designated iri that cet7ain capital improvement project to be located in the West Hylebos Sub - basin axes of the`City and set of t in final designs by CH'2M Hill dated dune 1995 („Project"). 2. ceess_ Grantee sliali.:Wie the right of access over the Property to the Easement for purposes of construction:_ 3. Termination. This'taserneht shall'iemain in full. force and effect until completion of the Project. DATED this .day`of_' 1996. GRANTOR: C RANT1EE- CAMPUS GATEWAY ASSOCIATES, a .zCITY QF FEDERAL WAY,,,a Washington Washington limited partnership Munigpal Corpora(tion By: By: Leonard C. Schaadt Kenneth. E,:-Ny. b Its General Partner Its City kl n2iger 343866506_FI? ' 1' APPROVED AS TO FORM_ ;r Londi K. Lindell, City Attorney STATE op WASIHNGTON } ss. 0I1NTY OF }...:;. 1996, before me personally appeared On this day LtONARD C. 5CH!' AD ` '' to me-4mo" (or graven on the basis of satisfactory evidence) to be the gexi" pm- ear 6f CAMPUS �+GA'T' AY ASSOCIATES, a Washington limited partnership, thepartnerstiip that cXecvted the.':;ntlurt and foregoing instrument, and acknowledged said instrument to be;1l a free grid vi]tuntary. aq arrd deed of sand partnership, for the uses and purposes therein itientioried, . and on oath :'stated that he was authorized to execute said instrument. .r ~7 IN WITNESS WHEREOF I hkve„hereurktb set my Hand and affixed my official seal the Han C day and year first above written`-. +ri' ^t NOTARY PUBLIC in .and tor.1he Staite;of Washington, residing :at r. i' My commission. eycpues ` Print Name: STATE OF WASHINGTON ) } ss. C.gUNTTX On this ''day` of , 1996, before me personally appeared PHILIP XyAG i`1C:E , tp m personally :lCrtown (or proven on the basis of satisfactory evidence) to be the Deputy City Man elt of tti�"City of Federal. Way, a Washington municipal corporation, the corporation that executed th vithiri and fortgoing instrument, and acknowledged said instrument to he the free and 'vv pntarJ+ act grid deM.of said;corporation, for the uses and purposes therein mentioned, and on oath stateii tl*t they weze authorised to execute the said instrument, and on oath further stated that he was `aifthgrized ta, exeeute:'thc said instrument for the uses and purposes therein mentioned. IN WITNESS WHEREOF I have hereunto set i iy nand and affixed my official seal the day and year first above written. NOTARY PUB�jq- in and or the 5tatd of Washington, residing at My commission expiYaS. Print Name: ' 34396MO6.Ei2 -i- M R 7r= 3 �. ,. EXMIT "I" Ffl.E VOR RECORD AT REQUEST' OF: City of Fedefal''Way qiy of Federal' Nay 33130 First Way South' Federal Way; WA., 98003 Alin: I.t nei K-: Lindell, Gity Attorney: - EASEMENT FC)R N N$ULE AND RELATED FACaxrms .« For and in consideration of One Dollar ($'I.Ui3] alid athlef vaItiable.corisideration, the receipt of which is hereby acknowledged, CA1 OIFi GATEWAY ASS` -I -tES a Washington limited partnership ("GRANTOR"), rants conVo s, and warrants to the CITY. -OF -FEDERAL . WAY ,� fin P (� grants, �' a Washington municipal corporation ("GkANTEE") for thp-purpos hereinafter set forth a ' perpetual pe>manent easement under, across and averrtin real preiiy (the "Property") located in .-Federal Way, Washington, legally files ; nbi d ; `in Exhibit--- A.•=attached .=here'to and 0ra incorporated herein by --thus reference. Granteel's rights shall be exercised only upon that portion of the -Property (°FEw- meni") legally described iwE"it B, attached hereto and incorporated herein 6y--,th.i5: reference_.. 1. ' M Grantee and 'its agents, designees and/or assigns shalI' h>4ve :the perpetual, permanent night, W t�but prior notice to Grantor, at such times as deemed necessary by Grantee, to enter, upon thie; "Property to: inspect, construct, operate, maintain, repair, and replace undergrWitdIacilities 4nd/oi systerKi uponand under the Easement, together with all necessary or convenient appurtergees ihoicto, -including without limitation, pipes, catch basins, and manholes. .' 2. Access. Grantee shall have the rightof reason" able access to the Easement to enable Grantee to exercise its rights heir6izder.,:7- Such access will be afforded via an Access Maintenance Road Easement recorded: 8f --even date against ' rite Property. If such Access Maintenance Road is unavailable t ,usir for ace.ess due tv ah euiei igency, Grantee shall have the right of access to the Easement over and:.�cros' -the Property..to enable -Grantee to exercise its rights hereunder. 3. Grantor's Use of Propg rM and Easement. -Gratitor;teserves .the right tomsi 'he- Property and Easement in order to comply with City code requ'trem-ents for-.. open- space, greenbelts, significant tree mitigation or maximum lot coverage. Fofthex, Grantor, may --install, at its expense, and in compliance with all applicable laws and codes..ai d after,- v)btairurtg ;�d1 necessa* .... permits and approvals, such facilities as may be reasonably necessary to provide for' dirt 3s3as �fv6.si i -1- discharge of seated storm water from tine Property to the Fa�ement which shall n have adequate *acitj for same and under full build -out conditions and, which facilities shall not interfere with Grantee's use of the Easement. Further, Grantor may disturb wetlands areas on the PrOPerty future connections to any existing utility lines so long as such action does and Fatscment to make not interfere •with Grantee's use, is in compliance with all applicable codes and after obtaining 1. ri,oessary permits and approvals. Grantor may install landscaping on the Property subject to Grantee's rr�svna lie approval of such installation and after obtaining any required permits ' thoefox, it � comp�ae with all applicable laws and codes, and so long as such landscaping is not ixacons stent With Grantee's • fi r' 4n&AIM;' Ti s•,rights and obligations of the Grantor and Grantee shall inure tQ the benefit of'and 'W binding upon ihm respective successors, heirs and assigns. 5. Liabil Grantor: and' Gxntee --oknd that issues of liability with regard to the construction, v atio0 and- maintenaave of ,he mprovernents and the use of the Easement and the Property by Gra;istor afid Grantee Shall Pc -determined under the current or then existing law. GRANTOR:`• GRANTEE: *� CAMPUS GATEWAY ASSOCIATES:; 1TY aF ET ERAL WAY, a Washington a Washington limited partnership Mu •, ' By: By. I{ert etti `E:F' yberg ; I ear;ard::C _ Schaadt 1w General Partner Its Citry,• manager . ::,,,.:.• Y APPROVED AS TO FORM: . Y�N,SFF��_•�'��Y, •l•• .1•�• ply• S. lyiindi K. Lindell, City Attorney :;r ,.. - }:f STATE OF WASHINGTON ) 3 ss COUNTY OF ) '611,-this. , day of 1996, before me personally appeared ` LFP3NARDr C. CCERADT, to me known (or proven on the basis of satisfactory evidence) to be' the general partner of CAMPUS GATEWAY ASSOCIATES, a Washington limited Par;P-ership, thepartwship that executed the within and foregoing instrument, and acknowledged said instrument,:to tie the free and yeltintary act and deed of said partnership, for the uses and purposes therrean mentioned, aq6. on oath stated that he was authorized to execute said instrument. , M WTTwF_,5S w,.-HM- WF 1 Have Ftereunto set my hand and affixed my official seal the day and year first above wfitteri: M0TAA ` PU,BLiC in and for the State of Wasitingtoa; residing at My commissOn expires. Print Name. VA STATE OF WASHINGTON Ado) ss. r COUNTY dF ] On Wis day of 1996, befipre 'me personally, appeared KENNkTR'R. O.RG, to me personally known (or proven-oa..ft basis of satisfactory evidence) to be the Ckty��Manager of the City of Federal Way, a Washington municipal corporation, .,the corporation -:that executed the within and foregorh . instrument, and acknowledged said iristruraent to ,be the free and voluntary act and deed of said :dorporation, for the uses.and purpbsos therein mentioned, and on oath stated that they were authorized to execute the said ihstrdiinent, arcd an oath -'Ct rtliet stated that he was authorized to execute the said instrument for the uses.ma.0 purpr6ses therein. mentioned. IN WTTNFSS HBREOF Vha4heredhto set my hand and affixed my official seal the day and year first above written. NOTARY PUBM in aoo ,for the,.State of Washigtan; resi'dcng at;. - My com' inission expires Print Name: w4 T4 r"I ENMIT -d Documents at Exhibit"E" SEE PAGE C-8 of Contract I JV 2C -y �Y EXHIBIT SECURED PROMMORY NOTE 1996 Federal Way, Washington e, FOR VALV)E' * undqrpp RECEIVED,, M MAer promises to pay to the order of the I, . .1 City of Federal Way,ii Washiq&p municipal: corporation ("Holder"), the sum of SIXTY THOUSAND ANDMA00 DOLLARS ($60,1] *.90), with interest from the date hereof on the unpaid principal at the rate of Aix and oneAialf Wcent (6-112%) per annum. 1. Paymot &iid poncipal and intaresi 9WI bepayablt in,equal annual installments M in the amount of Five Thousand. Four flundred Fmi�'.Fivi and W100 Dollars ($5,445.39), inclusive of inte=t, commencing on the ' substantW c6mpktign date of a project being constructed WA by Holder commonly known as the S_ 336W/Ots Corner RegiOnaLReterition- Detention,facility, year until matu�fiity Each 1.4 and a like stim payable on the same day for each an every. theitafter,. payment shall be credited first on interest due, anothe remairiftr on., cri 21. This Note matures twenty (20)' 16 first 'pa' date, or ypiimfrorri irs,t yrnefit upon any event resultir . kg in the acceleration of the due date described i ft-'s. ection 4. hereof. On the date,pf maturity, a fimal installment shall be due and must be paid in. -the full ai`nount of the then remaining balance of prikipal, accrued interest, and all other sums du'e hereundei, or under the terms of'th6beed"of Trust described in Section 3 hereof. se�u[:Kx. 'his Note by a Deed of Trust of even date recorded in the King County Office :pfy-Recior.Os under Recording No. ("Deed of Trust"). 4. Afseleratia Atfyjpf the following gvebts, shall result in the acceleration of the maturity date and the whole sum of bqth prinoipal ind 'interest. shall become due and payable at once: (a) The sale of any of the prop" Ipgally dmribej in the be :of Trust ("Property") in whole or in part on a pro . rasa basis -;if pArcels of the Property are divided and sold. A "sate" shall include th&'tra[nsf0 to.,any.'thWd pa. --toycr and/or the transfer of more than a 50% ownership interest -In any of the' partnership;. corporate or other business entities comprising the Ma*eq- prqvi&4'how&a, a'vofon.tary transfer for such purposes as financial or estate planning shall -oo.`t l*-'d6eme-.d­a. "sale" for purposes of this acceleration clause; or The development of any Of the Property; Or j7he nonpayment of any payments required by this Note if Maker fails to cure such 4efault as provided for in Section 6 hereof. hhd of Said principal and interest dWI be paid in lawful money Of the Uri, ited.% 6tat6s available funds. All payments shall The made to the Holder hereof at W _W hington 98003, or at such other place as Holder 1�530 Ist- Wiy South F60CW. " ay, - as ij wr 6M,Urne hereafter may ;peci6 OuWg` to time, in the event of any default of this Note, the Holder shall prbvide writka F Otice 0 .Such dulctq-the Maker and the Maker shall have ninety (90) days in which,to-cim saidalL., in ther fails to cure such default within ninety , 0*,. (90) days of notice, at th'6 oo-on of . thel4older , !all sums due and owing or to become owing hereunder shall become'- 4ne arld payab16'WithOut further notice, time being of the essence, and shall bear interest at the rite of mt ve percent Q2%) iinnu m or the highest rate allowable at law, whichever is law'er,,u`ntjj`paid. The AmmerFay any costs and expenses A which Holder may incur by rereason of Riv default., indU499 V%Out limitation, reasonable attorney's fees and costs. 'Re Maker of this Note- executes the s .&.Or�pCjps.�j 3 &nib ,4 day of �A 1996. CAMPUS GATE IASS&IATES9 a Washington limited pin hip k. By: 4 Leonard Schaadt Its: General Partner ,51 X X SjV ............ -77! -2- K:%L)OCUNtENT%,136KrrrS\CAWI;S("W-P-N EXHIBIT"_.ft SECURED ]PROATMORY NOTE ,1996 Federal Way, Washington FOR AL V. UE,-.RECEWM,;.Ihe 0i derop ed Makers promise to pay to the order of the City of'-Fed&al--Vay, i WishiriS6)n—`mu*dpAI 'corporation ("Holder"),- the sum of ONE HUNDRED TWENTY THOUSARD AND- NOI 1,00 DOLLARS ($120,OW. 00), with interest from the date hehwf -on the: unpaid princi 11k -t. rate of six and one-half percent (6-1/2%) per annum. 1. Pament Saad prmcipal and. interest shall be"payablin equal annual installments in the amount of Ten Thousand Faightlitifidred Kinety.4i�A 771100.:Dgllars ($10,890.77), inclusive of interest, commencing on the subsWtiai comp iction'ilat'ir 0 - a project being constructed by ty Holder comwnfy known as the S. 336dyyjus cGino. Rion, l" Retention" Detention Facility, and a like surrE payable on the same day for each --and every year thereafter, until rriatufity, Each payment shall be credited first on interest due, i -nd,,t4e:'it6ainder..on,,pnp!;f i2 .2- This Note matures twenty (20ears fro.m first pAyjyt;nt date, or upon.iny event resulting in the acceleration of the due date described 'in Section,.4 hereof. On the date,of maturity', a f4m] installment shall he due and must be paid in -the full amount of the then remaining balance of p6ricipak, accrued interest, and all other sums due bnretind6r, or under the terms of ih6"Deed 'of Trust described in Section 3 hereof, ...... Seiurii .This Note -is secured by a Deed of Trust of even date recorded in the King County Office! -.Of, Rec s tls under Recording No. Deed of Trust 4. Amelentlaia.. Arty -of the fifflo,0ing ,everts shall result in the acceleration of the maturity date and the whole sum of b , othprincipal-:and. fntdest shall become due and payable at once: (a) The sale of any of the property. IMally 'desbribe:d­`ifi the beod" pf Trust ("Property") in whole or in part on a pro rain bisi5;'if parcels of tke Property are divided and sold. A 'sale" shall include the' I transfer to: .-any.''third par-ty uk6z,andlor the transfer of more than a 50% ownership int&esvin airy of the.partnershig- corporate or other business entities comprising the Makers; pr6vid4 howeyer, a- voluntary transfer for such purposes as financial or estate pj*ffig shOli hot be d6ein-0d'a "sale" for purposes of this acceleration clause; or K-.M>0CUMENM36=S%NWLIN0.PN 7W; ) The development of any of the PmpWy; or J (b (e), The nonpayment of any payments required by this Note if Makers fail to cure such default as provided for in Section 6 hereof. said principal an Ut1hW of D d interest shall be paid in lawful money of the y available funds. All payments shall be made to the Holder hereof at Ulite4: Stags with. wnvntl Washinton 98 3, p Hold 3553()' jst..W4.SouEb1,, Fideral W­ 00 or at such other Lice as er Way, g fiexeaftear-may speck ry in vvritiikg fronts• Ole tv time. F F in the event of any default of this NOW, the 6 Holder snail provIde wriMn nodes of $uch default to., t.he Makers and the Makers shall have ninety (90) days in which - to -cm said default -'In MakeTS Tail to cure such default within ninety (90) days of notice, at ft option o - f . the.'1461der,'all sums due and owing or to become owing hereunder shall become .. immediately 66 and p4ablc'Wiftut fud.W,Pofice, time being of the mw=, and steal! bear interest at the rate of twelve-' percent {:12%}er:annum or the highest rate allowable at law, whichever is lower, -6ntitiwdl. The Makers agree,to pay any costs and expenses dkauft, without limitation, reasonable which Holder may incur by reason 0 any in&u�ing attorney's fees and costs. Each Maker -of this Note executes the sartie,as,a'`princili a sure Y. DATD ftiis day Of 1996. "!-,f el OF J ames E. Merlin Michelle F. Merlino jean M. Merliuo X 2. kulk. merlioo Cheryl Mer1id6.:-:'_ S, K:\I)OCtJMENT\336KrrrSIMERLINO-PN J 1=� J EXHIBIT..* SECURED PROAMSORY NOTE Federal Way, Washington :FOR vALUKRECEMED the rfndersigned Makers promise to pay to the order of the City of Fedeiai wad, a WasFringt�ti `TriunioipaI ;car�aaration ("Holder"), the sum of NINETY THOUSAND AND N0A0Q.b0 L.ARS ($90,000,00), with interest from the date hereof on the unpaid principal'at!'the rate'of six and' one half percent (6-1/2 %) per annum. 1. pwkw. • Said pr*ipat:­andJntetest:si I be. payable in ;equal annual installments in the amount of Eight Thousand 0'rie Kbndred Sixty-Ei0t ands 0$1100 Dollars ($8,168.08), inclusive of interest, commencing'on- the s`i bstantWa cotnplefion'date-raf a project being constructed by Holder commonly known as the S. 336th/Kiits Cbmer Regional Retention Detention Facility, and a like sum, payable on the same day f6r each aiyd every year then fter'until maturity. Each payment sh611 bi Credited first on interest due; and the remainder on principal: Vatudv. This Note matures twenty (29i years•,from.tbp first'pay'merit date, or upon apy event resulting in the acceleration of the due date described in Sdicriori 4.,hereof. On the G date of maturity- a final installment shall be due and must he paid in the full amount of the then remaining balance of principal, accrued interest, and all other sums diie hereunder; or under the terms of the Deed .of TT rust described in Section 3 hereof_ 3. , �cbr1tg This Mate is secured by a Deed of Trust of even date recorded in the �i King Courtt� Office, of Records. 'iinderRecording No. ("Deed of Trust"). 4. AcCdkM on. Auy of the following events shall result in the acceleration of the maturity date and the whole sum afbath principal and interest shall became due and payable at once: (a) The sale of any of the pro*y Iegay described tin the :IEeed of Trust ("Property") in whole or in part on a pro % basis if parcels of the Property are divided and sold. A "sale" shall include the .:transfer' to any third party buyer and/or the transfer of more than a 50% ownership" interest in any of -the corporate trriership, corporate or other business entities comprising the, Makers; provided,. howgver, a;; voluntary transfer for such purposes as financial or estate plarinizYg; shall n.t be;deeriicd a "sale" for purposes of this acceleration clause; or K--UK)C1A4FNT,334KrM%CHA3E.PN A- The development of any of the Property; or t' l The nonpayment of any payments ragWrW by this Note of Makers fail to cure such default as provided for in Section 6 hereof. of Pa Said pdnctpal and interest shall be paid in lawful money of the . United States with.air�tly available funds. All payments shall be made to the Holder hereof at 35310 1st Way'Soutlt, Fe�dexai way, W hington 98W3, or at such other place as Holder li�reafter Y s�eci#y i i wr.64 from;' time to time. , In the event of any default of this Note, the Holder shall. provide writfim notice4 iuch defa:uJt'w the Makers and the Makers shall Have ninety (90) days in whic-h.to-cure said default. in the'event'MaWrs fain to cure such default within ninety (90) days of notice, at th_ c option of the-Hvlderr'all sums due and owing or to became owing hereunder shall become imrp"tOly d6e. aid payable' -without further notice, time being of the „� essence, and shall. bear interest at.3he rate of twelve percent'<j246);per annum or the highest rate .r allowable at law, whichever is lower„'untkl paid. -�l►e Viers agree .to`Pay any casts and expenses which Holder may incur by reason of any default, iriclvdirtg without limitation, reasonable s and costs. e■1 attorneys fee. , Fach Maker of this Note executes the same as,a: principal Pd.,* as a surety. DATED this day of , 1996. CHASE-'LIYIWG U119T MacLEDD FAMILY -MUSS-. By. By: William 7John H. MacLeod, as Co -Trustee ; d as CO-Trustee of the Wiliam 3. Ca$e and the John H. MacLeod and Jeanette M. `Chase'LivingTnrst Sarah Macleod Family Trust S BY y Sarah MacLeod, as Cc -Trustee Jeanette M. Chase, as Co-Trustiw . of the William J. Chase and .Cinder the johri. ji. MacLeod and Jeanette M. Chase Living Trust ` Sash Mael,eod-Family Trust IC:�pOCIiA[FIiF133fif�TFS1CNASE.P[! -2- i -`T-`�o"�"--- MIBIT iv, ,ti' S' � • This Space Reserved for Reew+der's Use S�," A,, • rY, : f � • �ii X FME FOR''RECoo AT RF01tJ ' OF. .: City of Federal Way.. City of Federal Way' 33530 First Way South Federal Way, WA 98DD3 Attn: Londi K. Lindell, City Attorney JWM OF TRIM THIS DEED OV"TRUST, made this day of 19�, betweeM -CAMtPLIS GA'I`EWAY ASSOCIATES, a Washington limited partnership, Grantor, whose address is 1026 Bellevue Way, S_>1:, Bellevue, Washington 98004, CHICAGO TITLE INSURANCE CO., a I++iisseud corporation, Twstee, whose address is 701 Fifth Avenue, Suite 1700, Seattle, Was!un$ton,,,-98 04, and,THE E OF FEDERAL WAY, WASHINGTON, a Washington municipal cvrporadori, Beneficiary, whose+address is 33530 1st Way South Federal Way, Washington 98W3, WITNFSSETH: Grantor k`reby bargains, sells. end -ebinveys to Trustee in Trust, with power of sale, the following described real prapertx: in King'Cqunty,-Washington. Parcel A: The Fast 319 feet of the North half of the: Northeast gta'rter ,of the' -,,Northeast quarter of Section 20, Township 21 North, fangs 4 Easti Willa -Met tte Mer diait' in tl: J ' EXCEPT the Nardi 42 feet -thereof conveyed for road by deeds recorded under recording number 7410080037; and ,r fi ' 1EXCEP3' that portion thereof lying within Primary Stale Highway Number 1 (p i�ighway Saud'} as conveyed by deeds recorded under recording numbers Y 1T7834•1and 3715474; and f that rtion o€ the South 223.E feet of the North •:'E�CCwr-. he Fast.Z 3.fi feet o Po 165.0 fed o¢� Fast,:519 fit a# the North half of the Northeast quarter of the ' :Northeast quarter of s6ctic�i► 20, o.w.uship 21 North, Range 4 Fast, Willamette Iferidlan, lying wetly of p�iiia�y 5t�te Highway Number 1 (Pacific Highway South) as`oon _ eye by'deed rei os'ded under retarding number 1778234; (Also known as.p rdo of pare ei B of King. County W Line Adjustment Number 981007, recorded onder.fecoirdi4 >ittiiiber 8812200807:) e7 Parma B: D "Iitc West 284 feet of the Fast 5 9 feet 6f.the Nord halF of the"'Northeasf quarter r4 of the Northeast quarter of Scion tl TQrams�ip 74 hlo[th: Range 4 East,Willamette Meridian, in King Cvurety;asliingtan EXCEPT the North 42 feet thereof conveyoa fob r6kd, by deed yarn -ded under rewrding number 741008W37. (Aiso .known as pard of Parcel B of King County Lot Li Adjustment Number 8§1067, re6gr4eo under recording number 8812200807.) Parcel C; is The Northeast qt rt it af'tl�e NoiihWv g quarter of the Northeast quarter of Section 20, Township::21 North, Range 4 East;. Willamette Meridian, in King County, Washington; Also the North half of tho Na the*t quarter of the Norlbeast quarter of said Section EXCEPT the Fast 599 feet of said North; half, ftnd EXCEPT that portion thereof lying within the North `42 feet,00f..the Northeast quarter of said Section2U as cvnveyeci for `roadby, deed` recorded under. recording number 74100080037. ,r. 7RRiW3ytif7.R1 —2— r LAI winch reW property is not used principally for agricultural or fanning purposes, together with all the tenements, hereditamer&, and appurtenances now or hereafter thereunto belonging or in any Wise appertaining, and the rents, issues and profits thereof. Thig deed:Js for the purpose of securing performance of each agreement of Grantor herein payment of the sum of Sixty Thousand Dollars ($60,000-00) with interest, in acG-ord*=with Abrais-9. f a prornissory note of even date herewith, payable to Beneficiary or order5:-and--ma& by Grantor,, together widi interest thereon at such rate as shall be agreed upon. r tec f this-,D-ced,o&­'T� o, E the security: pst, Grantor covenants and agrees 1. TO keep the re and propc y good conditioirand repair; to permit no waste thereof; to comply with all- lawg, ordfiou.21s, rejulatiotis;-,:cpv'enants, conditions and restrictions affecting the property- 2. To pay before'delinquent all la*ultaxcs and asses$mq4ts upon the property; to keep the property free and clear of7alibthei charges, lie& or ehcumbrahces impairing the security of this Deed of Trust. N!" 3. To. defend any action or proceeding puipbrting' to affect the security hereofor the p6, d ?�rns;es, includma"Cost of rights or wers of Beneficiary or Trustee, and to,,p !y,,O.COsts--an RA tide search and attorne ys' fees in a reasonable amount, in. -��ny.:Suc action ar pr6cecding, and in N any suitbroq& by Ebaeficiary to foreclose this Deed of TTpst.. 4-1To pay'an costs, fees and expenses in connection wf . ihthis.-Degid 4Tmst, including 1, the,,txpepses of the trust 'Mi-curred in enforcing the obligation secured hcpeby and'Trustee's and attorneys" feyes actually incurred, as provided by statute. 5-.- --- ShcWd drantor 6410pa ywhen due any taxes, assessments, liens, encumbrances or other charges againstibe propday herein'above described, Beneficiary may pay the same, and the amount so paia,, with interest at-16 - -rati se f-forth in the note secured hereby, shall be added to and become a pari, oftli debtsecuredU this Deed of Trust. 6. In the event thai. any pay �menfor.,Oorodn theredf., is not paid within fifteen (15) days commencing with the date it is dire, Ber cfkiar` y leci m4 cor! , aril the Grantor agrees to pay with such payment, a "late charge" of two,.cents-.($,.02)::for, each dollar so overdue as liquidated damages for the additional expense of *dling,sucbc delinqdeni,paymcnts., Z&MM07.RI -3- X, .it• a �• 1 AGRE ) 1 L 7 AT. Y :IT IS MUT•CJAI,L ' N`'r~ L 1 its dose date, Bcrseficiary By accepting payrnent of any sum secured hereby after does not waive its right to requireprompt paymen t when due of all other sums so sCCured or to 's declaxe default for failure to so pay. 2. * 5rus�tee`s call rewnvey all or any part of the property covered by this Deed of 'lCns to the person entitled i1�Ia, on write west of the Grantor and the Beneficiary, or upon satisfaction of tlse obligatiaa secmrM and w-cittexs request for r�4nveyance made by the Berleficiary ar.the:persan entitled thew4Q, 3. upon defiA by Got :in the `payment of any indebtedness secured hereby or in the performance of any agreement emstaitted herein, all sums secured hereby shall immediately become due and payable at the optim of the Bewffciary,. In such event and upon written request of Beneficiary, Trustee shall -sell the trust property, sn accordance with the Deed of Trust Act of the State of Washington (as amended), at pdhiic auction to the highest bidder. Any person except Trustee may bid at Trustee's sale. Trustee shall, applj the.,proceads of the sale as follows: (t ) to �" the expense of the sale, including a reasonable, Trustee's' fee altd attorneys' fee; Chi to the V4 obligation secured by this Deed of Trust; (3) the surplus if any, shall be'distribtttsd to the persons ',4 entitled therew or may be deposited [less clerk's filing feed with t#te cletk'nf the superior court of the cout ty in which sale lakes place. Trustc6 shall deliver to the purchaser at the safe its- deefl,..Withot warranty, which shall ibbnvey to the purchaser the interest in the property which Glantor..had,;t�x�.had the power to convey at the-time:of his •execution of this T3eed of trust, and such as he may.have acquired thermfter...Trustaefsdeed shall`=ite the facts showing that the sale was c6nducted in compliance with,all the reg9ireir;e is"of law and of this Deed of Trust, which recital shall be prima facie evidence of such cornpliance and conclusive evidence thereof in favor of bona fide purchasers and encutnbranoers for value.- 5. •The power,Df Wale ponf6rred by this Deed of Trust and by the Deed of Trust Act of the State of Washington is not ait exclusive remedy; 13eneficlary may cause this Deed of Trust to be foreclosed as a mortgage. In tfie event that this Dead of Trust is foreclosed as a mortgage and the property sold at a foreclosure sale, the p0ch&ser ma r,"during any redemptiar� period allowed, make such repairs or alterations o said property as maj+ reasonably necessary for the property operation, care, preservation, protection and Ariy.surns so paid together with interest thereon from the time of such expenditure at tote highest lawful rate shall be added to and became a part of the amount required ta•he paid for redemption from such. sale. o. In the event of the death, incapacity, disability or ;t�ignatiori of. Trustee, Beneficiary maY appoint in writing a successor trustee, and -upon` "tbe rect3tcling of such Appointment in the rrlt►rtgage records DF the county in which this=Heed of Trust is xecorded'fhe .t: successor trustee Shall be vested with all powers of the original Trustee- Ile, Trustee is not Obligated tO T"LfY MY party hereto of pending sale, under any otha Deed of Trust or of any action n or Proceeding in which Grantor, Trustee or Beneficiary shall be a party unless such action or �;,Proceeding-,!S brought by the Trustee. 7. This Deed of Trust applies to, inures to the benefit of, and is binding not only on thC:'Nrt1-es be;M-11 but their heirs, devisees, legatees, admirdswaors, executors, successors and Msigns. The term BaWrICLVY Atin mean n the holder and owner of the note secured hereby, whether or not nwrwd as Beneficiary herein- 8. tenifix agrees to irequest Trus . tee to'Teconvey this Deed of Trust upon written request by Grantor, as to' any portion of the property', upon payment by Grantor to Beneficiary of such portion of the total thm-outstan.ding hidebWness secured by this Deed of Trust as bears the same ratio to the entire then-outstanding.indebte"= secured by this Deed of Trust as the portion of the property . uested�- to b�6 !&onveyeid bears to the entire property originally Mq encumbered by this Deed of Trust 9. Time is of the essence h&C4 in" connection with a"' oblig4tions of the Grantor herein or in said note. By accepting paym`eni of arty -turn .secur6d ,Hereby after its Otte. date-, PA-,neficiary does not waive its right either to require prompt payment WWffi'-dije (if all oer sums so secured or to declare default for fallurc so to pay:........ ... ... SSOCIATES, a CAMPUS qATP,.WAY Washington 1tpited ersfiip By: Its; f 4L X STAM:OF WASHWG70N COUNT.- Y OF On this day of 19_, before me personally appeared to me known (or prom on the basis of satisfactory or,.CANWS GATEWAY AMCIATES, a Washington limited parbxwsh . ip paiumF p than executed the within and foregoing instrument, and aftowledged said Vmtrun=t to be tkim and voluntary act and deed of said partnership, for the usesW pu"ses d*0*-n1Mhone4,, and on oath, stated that was auNnized to execute said instnirhenL IN WYMMVIDAE(W I h.a*e hortubw-set my hand and affixed my official seal the day and year first above wduep- .0ij NOTOYTUBLK; in a Washinvoik, residing at My commisslme4lFes Print Name: X x 2M4MV7_X1 5 MUEST EQR ]FULL R �OAYEXAbKE DO NO =d. To is a" 0* *41im wic hn bom Mud- ti TO: TkUSTEE. The und6signed is the legal owner wW holder of the note and all other indebtedness secured -by the within -Deed of Trust. Said note, together with all other indebtedness secured by said UicW.bf Trust, has been fully.,paid an satisfied; and you are hexeby requested and directed, Cx! payment to'You ON . ny -sums owing, to you wwkx the terms of said Deed of Trust, to cancel said note above inentioned) and;gi odbciev'id.cnt es of indebtedness secured by said Deed of Trust delivered- 6D ti' Yo lieFewith, together-:46 the .said' Deed of Trust, and to reconvey, without warranty, to the par6m designated .,bj.Oe terms of said Deed of Trust, all the estate now held by you thercunder. DATED 19 _7 Mail reGonveyance to LI 29?FAmkr.Ri ti W W EXHIBIT 'S This Space Reaarved fw Recorder's Use := C 1' d• .. �+T;y �ak FRED ROR RECORp AT.':RE9PE_1M OF: City of Federat Wl y AFrF_R RECOPMG RETLMN'i0. City of Federal Way r '" 33S30 First Way South ' Federal Way, WA 9W Attn: Londi K. Lindell, City Attorney' C' THIS DE1 D; C]F TRUST, trade this day iif , 19—, between jAKES E. MERLINU, NIICHEII F. MERLINQ, .,BEAN M.; PAUL L. a MMIANO aad' CFU�RYL MIMLYNQ (collectively "Grantor") whose..address is 1001 Westlake Noith Seattle, Washington - 98109, CHICAGO TITLE INSURANCE` C6., a Missouri caoiporatYon,'li a wi-addrtw is 701 Fifth Avenue, Suite 1700, Seattle, *ashington 98104, and TaE CITy QF FE:DE AL WAY, WASHINGTON, a Washington municipal corporation, Beneficiary;"whose aOdrexs is 33556 Ist`Way South Federal Way, Washington 98003, WITNPSSETH suitor l ercby. hargiins; sells and conveys to Trustee in Trust, with power of sale, the foftbv4n' g �cscribed real property iri :King County, Washington: That portion of the North, half Q.f the South half of the Northeast quarter of the Northeast '_Range.-4 quarter of Section 20, Tavvnship 21 I+1©rth; Fast, Willamette Meridian, in King County, Washington, described as follows_ Beginning at the Northeast rant r f said: Sectivr+ : E} -and iunning thence south 00*37'34" Fast along the easterly lime tkieregf a.:dist�ncc,..of•b57.37.:feet to the Northeast comer of said subdivision; , ,Y .- a Thence South V*26'43" West along the northerly line Ownd to the westerly margin of state Highway No. 1, (also known as U.S. Highway No. 99) and the true point of beginning of thr. tract herein described; X Thence continuing South 89'26'43" West along said northerly line to the Z' Northw 99 earner of said subdivision; Thenm South 00'29'36' FAst along the westerly line thereof a distance. of 326-56 feet the southwest corner dwwf, Noith 89°27! Eag-Jildng-1-the southerly line of said subdivision a distance of 893.70 feeti Thence Noith 00`37iq30` WeS.t parallel to said easterly line of said subdivision a distance of 108'.68 fjoet; Thence North 89'27!W Fyast p . ar.ilicl t6"sm''d s"b"uthOly line of said subdivision to the westerly margin of &idd Siate Highway'N6.,,1 'Thence northerly along said westerly rnargin:Ao the true.point of- beginning. C) which real prove MY is not used principally for agriculturad. or..far*inZ.P.Vrpose.S-. Thisdced.'is fo; the purpose of securing performance of each agreement of Gmntor herein contained, and Pay mebt of the sum of Onc Hundred Twenty Tbousaad'rh6fiars ($120.,-000.00) with interest, In accordanp'witii the terms of a promissory note of even date kerewiith, payable to Beneficiary or orders :and 'made by Grantor, together with interest thereon at siuch'rate as shall be agreed- upon. To protect. the'sec-AirityW this.,Deed--of Trust, Grantor covenants and agrees: 1. To ke*:th6'prc pertyin go4cob'dition and repair; to permit no waste thereof', and to comply with all laws, ordinamc6s,,.regulatian's, covenarks, conditions and restrictions affecting the property. 2. To pay before delinquen(-I.all ]AvV&l taxes aind,a§sessnipats. upon the property; to keep the property flee and elm of all other charges, 46nsor Okuinbrances impairing the security of this Deed of Trust. 3. To defend any action or proceeding pu*p tin#`to i th':-wcu4t r - ffecl q y hereof the rights or powers of Beneficiary or Trustee, and to pay all costs and expTses, lnoudi� g.ccist'-of ........... 29997MD7-R2 -2- title search and attorneys' fees in a reasonable amount, in any such action or proceeding, and in any slit brought by Beneficiary to foreclose this Deed of Trust. ti. 4.. To pay all costs, fees and expenses irk oonnecLion with this Deed of Trust, including ' the eaipenl s of the Trustee irs�trred in enforcing the obligation secured hereby and Trustee's and ,dtto eys' `fps actually incurred, as provided by statute. 5. Sticwid Grantor NEWpay,-when due any taxes, assessments, liens, encumbrances rather narges' inst :the prove ty e�esnabave described, Beneficiary may pay the same, and the amount,=so;:paid, with interest at floe rate set boo in the note secured hereby, shall be added to and bea6m� a 1 bf the debt seeoj* in this 1 of Trust. 6. In the -event .that any payment di&#on thereof is not paid within fifteen (15) days commencing with the date it is.:idue, .Beneficiary rtray collect, and the Grantor agrees to pay with such payment, a "late charge.' of twa cents ($,02) .for each dollar so o4tdue as liquidated damages for the additional expense of handling -'such Olin alhent lrayaients. -'• rr IS MUTUALLY AGREED THAT: A+ 1 By accepting payment of any sum securM hereby after,,its.-.due`date, Beneficiary :d does not waive its right to require prompt payment.*h n due of al1-otbi4, ims:so secured or to declare default for failure to so pay. 2. l.The Traastee shall reuonvey all or any part of the property coveted by this Deed of Trust to the person ent"itled thereto, on written request of the Grantor and :Ihe.:Bef eficiary, or upon satisfaction q1 the obligation. secured and written request for reeonvy,. x►ce_ made by the Beneficiary''or the�person,.entitied thereto. 3: 3p€�n default by Graritor`ii1.lhe payment of any indebtedness secured hereby or in the performance of any..agregrttent cootaingO herein, all sums secured hereby small. immediately become due and payable at the vptigd. of,the P--g6ficiary. In such event and upon written request of Beneficiary, Trusft,"l sell t. a trust property; in accordance with the Deed of Trust Act of the State of Washington (as arhendeA at public atictiari to'tJre highest bidder. Any person except Trustee may bid at Trustee's sale. Tru4ee,shall' apply the proceeds of the sale as follows: (1) to the expense of the sale, includSrrg..a; reasonable Trusteer's f 'and attorneys' fee; (2) to the obligation secured by this Deed of Trust; (3) the surplus; if, any*.,shall be,di-5tributed to the persons entitled thereto or may be deposited (less=clerk's filfing:'fee)'wit#i the cler� of the superior court of the county in which sale takes place- 4. Trustee shall deliver to the purchaser at the sale its',deed, wwlt}iout warranty, which shall convey to the purchaser the interest in the property which_ Grantonhad or -6d the: p9wer, to convey at the time of his execution of this Deed of trust, and such .as he -ttiay ;have .a`cqulzccI 28897MO7.R2 -3- r .. n thereafter. Trustee's deed shall recite the facts showing that the We was omducted in compliance with a)l the requirements of law and 6f this Deed of Trust, which recital shall be prima facie evidence of such compliance: and conclusive evidence thereof in favor of bona fide purchasers and en0rabraocerslor value. 5. The pq conferred by this Deed of Trust and by the Deed of Trust Act en -wer of sale conf orthr.to 4waolir+"visnotan. Cj! gb0n ga asive remedy; Beneficiary may cause this Deed of Trust to be.%rmlosed. as a mortgage. Id the event that this Deed of Trust is foreclosed as a mortgage ano,'the -property s6ld at a io m.'sale, the purchaser may, during any redemption period allowed; mW&'s" repa"irs.601witera &-'' MS od"Sald property as may be reasonably necessary for the property o�ion'care, pe=vatiqa,,.#r&ectioYi acid ibsuring thereof. Any sums so paid together with interest ti time . 6fron the f such expendiwre at the highest lawful Tate shall be added to and become a part'ofthe antount !OquireO to be paid for redemption from such sale. , 6. In the event- of the death; incapacity,:'4isability, or resignation of Trustee, Beneficiary may appoint in writing a,:successor trustee;: - and '-4pqh the recording of such appointment in the mortgage roo6FO�'ofihe.colihty idw"�ichithls''D* of Trust is recorded, the successor trustee shall be vested with -."all powers, . of theofigjobal..Trustpe. The Trustee is not obligated to notify any party hereto of pending sale under any alter J .. of 'trust or of any action or proceediing ih! -which Grantor, Trustee or J§eqeficiaiy, stroll be a -pwny -unless such action or proceeding is brought by the Trustee. ...7. .... , This Deed of Trust applies to, inures to the benefit ofand is binding not only on ; the parties bereto; butw their heirs, devisees, legatees, administrators, executors, suemsors and assigns- The *rm.-Denefwiary shall mean the holder and owner'dfAhc note secured hereby, whkher or n!Dl nano as Bekf.idary herein. .9. &OMCWY agrees to request Trustee to reconvey this Deed of Trust upon written request by "Grantor, at to �ny.pqrdon I of the property, upon payment by Grantor to Beneficiary of such portion offt toud th6ii-voutstaqding indebtedness secured by this Deed of Trust as bears debtedness secured by this Deed of Trust as the the same ratio to the entire"then-oiitst�din*J)n portion of the prop&ty­'iequest6d to be reconveyed,, bears to the entire property originally encumbered by this Deed of Trust.,, 9. Time is of the eisendt hg-treof:-in connection Witfi'ail obligations of the Grantor herein or in said note. By accepting paymerirof ahy:sum_spcured.hereby after its due date, Beneficiary does not waive its right either to, rc4ui-re- prqmptpayFnmt when due of all other sums so secured or to declare default for failure so to..pay.. GRANTOR: 2"97MU7.R2 -4- ;.tlr ; W •5y - x` MICHELLE F. MERLINO JEAN M. MERI.INO PA UL L. MERLINO CHERYL VERL1 NO STATE OF WASHINGTON j ti ss. r4 COUNTY OF ) me'JAN ES�"E. MEkLINO to zw, Mown to be the thistiaY �rsonalty appeared before .._- •.. ir<divid�ial described in and who executed the within and foregoing instrurrient� end acowledged that 1 � signed th sar�}e as his free and voluntary act and deed, fir thews s go purposes therein motioned. Giv& under my hind attd official seal this day of , 19� NOTARY PIJBLTC in and for the State of Wasiington, residing at Myon3rr�ision expires Print Name:," 'T7 S. STATE' WASHINGTON COVWY-..:PF On this day pmwnally appeared before me MCKELLE F. MERLINO to me known to be : the individual described in and who executed the within and foregoing instrument, and adknqwledged.thati Ishe signed the same, as her free and voluntary act and deed, for the uses and Purposes.ther6iri mentioned;. ;Given n&z ffvj+ hand and official -ram this. day of. -NOTARY Pi RUC in and for the State of Washington, residing at MY Omthissi6n expires Print Nam'C C) P. STAT9 OFWASBINGTON Md SS, COUNTY- OF. Ce6s day persorolly appeared before me JEAN M, MERLINO to:!rne:'known to be the individtW descri in and % ho,6xecuted the within and foregoing instrument, and acknowledged that she k9n6d the:`saffie as-,--berfiw-and vdWntary -act and deed, for the uses and purposes therein mentioned. Given under ihy­h'and:'and:offi6l' this day of 19 NOTARY PUBLIC in and for the State of Washington, residing at My;brnrmsslqn expirez., Ptirft Name. 28997M07-R3 -6- SiAU. OF WASHINGTON } ss. ::CovarY OF ) On'this 4y personay aPpea before me PAM L. MER-UNO to me lrnawn to be the :individual de i- ad in and whp executed the within and foregoing instrument, and acknowledged ' -• ,,,.,, `' that �` signed the same as'•his free a A,voluntary act and deed, for the uses and purposes therein mentioned. Given :under my hai d"and officiai.:�eal this - - day of _ 19� XOTARY PUaLIC in and for the State of =' Washington, residing at MyoMiission, expires Print Nare. Y STATE OP WASRTNGTON ) :� ,,�,.. 'r COUNTY OF 00"this day p&sc n By appeared before me CHERYL MERLIN, to me known to be the =� individual described in-diit 'ho, executed the within and foregoing instrument; and acknowledged A�l that she sighed the swine p.her ftee and voluntary act and deed, far the uses Md.-purposes therein T mentioped. Given under Iny.-hand;aAld official seal this day of , 19_ r r. J. NO I'ARY;:PUBLIC in and for the State of Washington, residing at My+ cor0biission expires. Print Name: 2RR97M[I7_R2 :,yam a • Sr S•'n s .. •M1F yL • �.6,110 J. Jti A� - tt,, _ '#this Spue Reserved for Rewrder's Use ,s J. fir, " .v• 4 _ FILE FDt R$CORD At REQUES -O: air City of Federal Wax AffER RECOR©TNG URN•°!o: ti;' >�+'';` :,. City of Federal Way 33530 First Way South n Federal Way, WA 98003 g Attn: Londi K. Lindell, City Attorney:' -' .,. T' THIS.-D D OF TRUST, made this day 4f• ` , 19�, betweli WILLUM Jw CHASE and JEANETI'E M. CHASE, hpbafid and wife, as.Trustees of the Willi atn J._ Chase and Jeanette M. Chase Living Trust, anti -QHN =H.' MacLEUl3 and SA.RAH; Mar].EGD3,. •husfiand and wife, as Trustees under the John-H. MacLeod and Sarah MacLeod Family Trui t (cvli'movely "Grantor") whose address is 336 W. S,rc re;brive+ Camano Island,. Washington 9&L292' CIIICAGO TITLE INSURANCE CO., a Missouri corporation, Trustee, whose addresSLis 7,61 Fifth' A►ieziue, Suite 1700, Seattle, Washington 98104, and THE CITY OF FElJERA�,: WAY., WASHT.NGTON, a Washington municipal corporation, Beneficiary, whose; address,i' 33536 1st, Way ,th, Federal Way, Washington 98003, '-L,.•.•--:..• WITNESSE H: Grantor -Wrr by bargains, sells and coneys to Trustee in Trust, with power of sale, the following described .�-- property in King 'Cpunty, Washington: That portion of the South.. half-o€-the South half of the Northeast quarter of the Northeast quarter of Section 20�;: Township 21 N.orth;' Range 4 East, Willamette Meridian, in King County, Y�ashiington,:` lying West of the Seattle -Tacoma Highway as widened by deed recorded 5eptemb�r 11, 1:947--V der recording ber 3722662• EXCEPT roads and EXCEPT t#ie following portion: noun • 2R699lHO.R2jv �; — •, 'i Beginning at a point on the West boundary of the Seattle -Tacoma Highway as it existed on April 27, 1946, 30 feet Northeasterly of a point where the West boundary of said highway intersects the South line of the Northeast quarter of the Northeast quarter of Section 20, Township 21 North, Range 4 East, Willamette Meridian, in King County, Washington; 'I'Itertoe West paxAd w1' the South line of the Northeast quarter of the Northeast g6arter._,of said Section 2Q a distance of 200 feet; ` 1=6ce-14orth OV lo' 12" ]Bak tv tbae North line of the South half of the South half of the iriordieast quarter of the.Nor6east quarter of said section 20, Th ened East along said Nord ,Hire.. to the West boundary of the Seattle -Tacoma Highway; . Thence southwesterly a.tding.4be West line of Settle-T4com: a Highway to the point of beginning. which real property is not used princip2�lly for agricultural or .*ming punpa es, together, with all the tenements, hereditaments, and appurtenancEs now or hereafter thtreuntp belonging or. in any Vq wise appertaining, and the rents, issues and profits,tbefwf. This deed'.is fdr the purpose of securing performance'of each greoment of. Grantor herein contained,, -And payment of the sum of Ninety Thousand Dollars, ($0,000.f]0)witkt interest, in Qi acc9tdanco vAttt the terms „Qf a promissory note of even date herewith;. -payable to :Beneficiary or order, and matte by gr�ntor,-together, with interest thereon at such ratd as shall be agreed upon- -To protectAhe Oe unity Of this Deed of Trust, Grantor covenants and agrees; 1. To:kecp, the property i&,gwd condition and repair; to permit no waste thereof; and to comply with all laws, ordihancesrreg.mWoR ', covenants, conditions and restrictions affecting the property. 2. To pay before -delinquent all lawful;' ices and -assessments upon the property; to keep the property free and clear dfsll`ather charges; liens ot- en�utiibrances impairing the security of this Deed of Trust. 3. To defend any aeon or proceeding:purportng tb affit the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and �xpettses; including cast of title search and attorneys' fees in a reasonable amount'; in ariy such action,or proceeding, and in any suit brought by Beneficiary to foreclose this Deed of T°cust. .4. To pay allcosts, fees and expenses in connection with this Deed of Trust, including exposes of the Trustee incurred in enforcing the obligation secured hereby and Tnistee's and , attorneys' fees actually incurred, as provided by statute. S.: S"d Grantor fail to pay when due any taxes, assessments, liens, encumbrances > ages �gai !st the property hereinabove described, Beneficiary may Pay the same, and the ami unt so Paid ' with Merest at the rate set forth in the note secured hereby, shall be added to and become a: -part a# the=dot secured to this Deed of Trust. -6. :3n the event t#W any Oy nept or portion thereof is riot paid within fifteen (15) days commencing with the.:date ;it is due, ft" — �cigry moay :ollect, and the Grantor agrees to pay with such payment, a: "`late charge",af two cents ($.02) fbr Bch dollar so overdue as liquidated damages for the ardditional-expense of handling such rWinrltient payments. IT IS MUTUALLY- AGREED ;; 1. By accepting payrnen#' of �ny:uiii soured hb after its due date, Beneficiary does not waive its right to rewire prompt payinenVwhen--due of all other sums so secured or to "♦ declare default for failure to so pay. af:the ro ;covered; by ,this -;heed of 2. The"Trustee shall reconvey all or arry.,part' iertY ..•. ,:. Trust to the person entitled thereto, on written request of th,9 Grantor and the Bertef Glary; ar upon satisfaction cif the Obligation secured and written request for r.cop.veyance:- m-ade by the Beneficiary.' or the person entitled thereto. 3 Upo. default by Grantor in the payment of any indebtedite secured hereby or in the .perfoiiriance,df Any agreement container! herein, all sums secured hereby. shall immediately becoii due and `payabl'at tine action of the Beneficiary. In such event and upon written request of Benefidiv , Triiste shall sell th6 iru'st7.property, in accordance with the Deed of Trust Act of the State of Washingtoh..(as amenided), at public auction to the highest bidder. Any person except Trustee may bid at Trustee's;sale. Trustee #al. t-apply the proceeds of the sale as follows: (1) to the expense of the sale;'' i ncluditig a rea onibl& Trustee's fee and attorneys' fee; (2) to the obligation secured by this Deed of`Ttust; (3) the surplus, if -any, shall be distributed to the persons entitled thereto or may be deposited (Jess.6erk's fiiingjmf with the clerk of the superior court of the county in which sale takes glade. 4. Trustee shall deliver to the purchaser at the safe its deem, without warranty, which shall convey to the purchaser the interest in the.,praperty which: GrCvr had or had the power to convey at the time of his execution of this Deed of tr4st, and suclt.`as lie ,may Kaye acquired thereafter. Trustee's dewed shall recite the facts showing that the sale v►ras c6nilucted in igmpiiance with all the requirements of law and of this Deed of Trust, Which recital shall .he pOr02L 14 cie -3- zsa9sMvr_rcz .,.•y , e0dence of such compliance and conclusive evidence O=wf in favor of bona fide purchasers and pricu4ibrancers, for value. The power of sale conferred by this Deed of Trust and by the Deed of Trust Act of ft Stai Of Washing on is not an exclusive remedy; Beneficiary may cause this Deed of Trust to be fqiedosed'as a mortgage. In the event that this Deed of Trust is foreclosed as a mortgage aril tie pPbPqrtxs6id at: -a foreclosure sale, the purchaser may, during any redemption period allowed make such sirs or altmations . on sa id property as may be reasonably necessary for the poverty vat on, Prwiiion,.piotectj.on and insuring diereof. Any sums so paid together eser with interest Otwwn from.ft' time of 06 expenditure at the highest lawful rate shall be added to and becom : r. a part of tlie red #a > e paid for redemption from such sale. 6. in: the.., event o the death,:' ifieapacity, disability or resignation of Trustee, Beneficiary may appOini in, :WrWn"g a.Suiccess-b-'r trustee, and upon the recording of such appointment in the mortgage records of the- county irfWhich this Deed of Trust is recorded, the successor trustee shall be vested with all pom. Was of the driginaT.'Trustee. The Trustee is not MV obligated to notify any party heret6of 'peridiqr sale u4der any OtW-Peed of Trust or of any action V4 or proceeding in which Grantor, Trustee dr Beneficiary shall "be. -a party unless such action or .4 proceeding is brought by the Trustee. 7.;` This -Peed of Trust applies to, inur-es,,to.-the.-benifit.,o.fi,.a;n-.d _ji birWing' not'only on aj the parties huM, but on their heirs, devisees, legatees, administrators, executQfs,.succ4ssors and assigns' The' term �eneficiary shall mean the holder anti owner b the note socuied hereby, whetlier or. not pameO as Beneficiary herein. 8. Beneficiijy a&= to request Trustee to reconvey this Dftd Of TrOst upon written request UY`bran0`r,,'as to- arty portion of the property, upon payment by GtaiOr to Beneficiary of si ch portion,of-the tdWlhe "-utstanding indebtedness secured by this Deed of Trust as bears the sam'61-ratio tc ft entife th'en-6i'si-ta-fiding indebtedness secured by this Deed of Trust as the portion of the property requested .,tip be'-.reconveyed bears to the entire property originally encumbered by this Deed of Trust", 9. Time is of the esgeneq here6f in corlb&kion with all obligations of the Grantor herein or in said note. By accepting: paymek of any'. sutn,,=ured hereby after its due date, Beneficiary does not waive its righcekher to r quiKe prorapt p4yvientt when due of all other sums so secured or to declare default for failure So't&*Y,,.*, GRANTOR: CHASE;, as Co - 'Trustee -of the'William J. Chase and Jeanette M. Tfus1,:.'_­,- -4- I JEANETTE M. CHASE, as Co - Trustee of the William J. Chase and Jeanette M. Chase Living Trust JOHN H. MacLEOD, as Co -Trustee under the John H. MacLeod and Sarah MacLeod Family Trust rf .. } SARAH MacLEOD, as Ca -Trustee the John H. MacLeod and .y Sarah MacLeod Family Trust :r�' - ,dry'. ' •�,,� STATE OF WASHINGTON ) �' CGUN-fY Q ) ... On' this .day personally appeared before me WILLIAM J. CHASE td me known to be the indiiriduam-1 de bad�in,And W' .. executed the within and foregoing instrifmont; and acknowledged that he sigTi ihe; same as,.his free and voluntary act and deed, for the uses and;urpases therein mentioned_ Given under rny..:hand>aiid official sea! this day of 19— 01, . NOTAkY PUBLIC in and for the State of W0.shjhgtgp 'Faesiding at ,. My c omp1sion expires :P�rt ,t Y&ne- t. 28898MOI.R2 IN. .- ti STATE: OF WASRE'40TON COUNTY. 01F Onihis 4y personally appeared before me JEANETM M. CHASE to me known to be Omribed in and who executed the within and foregoing instrument, and ac;tiiow1ed#W ffiat. Oil 'sighed the same as her free and voluntary act and deed, for the uses and day of '19 NOTARY PUBLIC. in and for the State of Washington, residing at My 60rnr6issi6n PtPires rf Print iqanie-,: j, STATE OF WASHINGTON ss. COUNTY OF,-... On tWs day per"Wly appeared before me JOHN 11. MacLEOD"' to me.known to be the individual described in and who executed the within and foregoing instrument- and acknowledged that he signed the same -is his -free and voluntary act and deed, for the used alyd purposes therein mentioned: Given' unckr my hand and offikW%scai this day of '19 NOTAR-i(TUBLIC in and for the State of Wuhirigton,,,.residing at M� Commission eicp= 'Tint fin' Nam 29998MOTR2 %owl WASHINGTON ) ss COUNTY OF s. 6i'this day personally appeared before me SARAH MaCUMD to me known to be the . vid6"I'desaibed in and who executed ft within and foregoing instrument, and acknowledged �at-bjs free and therein thM *sip W1 he.,%� ,,voluntary act and deed, for the uses and purposes 19 Given,bndtr my han" d,"'and Aj.cial-'day of NrARY PU8 14�. in and for the State of .,Cr., Washington, residing at my 00M(niWop.expues ,Print Naime:' V4 WL 4 ....... ... 2P98MMA2 z is ,Y AN UM FOR HILL RECONMANC ti. Bsaimm. 96.kmod@*•wbm.e&e..b=pW- r TQ TRI�STEE. The. undersigned is the legal owner and holder of the note and all other indebtedness by the wiEh;n 13ced of Trust. Said note, together with all other indebtedness secured by said Peed.•of Trust, has been fuilygxui an swished; and you are hereby requested and directed, •otr payment Xa you of 'any sums.60ing ,l you under the terns of said Deed of Trust, to cancel said note above: nwntienod-i and all other, evidetic of indebtedness secured by said need of Trust delivered •:to you hel ew10i, togethe i�ith the s; �d-,Deed of Trust, and to reconvey, without warranty, to the puties designated> I ter -ins aE. said need of Trust, all the estate now held by you thereunder. DATED ; l9. ..... �i' its• �. Mail recoriveyance •to a' nr a r' 28898NI(V 2 E36RIBIT :. „ AGREEMTN,T, ;4 Iry r :THIS A ("Agne;ment") is dated effective the 15th day of May, 1996 and is etitert�d into betvmm 1 Pnoper�+ +Owner's as hereinafter described and the City of Federal Way, a Washingtoi munmpal corpatirationX1aty".). ,,, A: :'�,60ty, for the publi�,:healih, Sdiay aid welfare of its citizens, seeks to improve conveyance c�iacaty, detention sloi.ag� and w4ter'gtOty in the West. Hylebos Sub -basins 08-11; B. The City is•building retentivnldetetion ponds, conveyance systems, maintenance roads, overflow structures ao`emergency spillways,e6fktively re*r* to as WH 08-11CIP 01 in the West Hylebos Sub -Basins -litre "'Project");; C. A portion of the Project.is located [in ceriaiii real grope]ties comprised of three parcels in separate ownership located in Federal ,Way;, Washington, -the igal description_vl which ;•+ parcels are;attacitod hereto as Exhibits A, $ au€i C (col*t vely "tht Property.' O D'. :Campus Gateway Associates, a Washington 44 it6d partaprship oN�ns;tine parcel .4 described ia, Zxt ihit `A; James E. Merlino, Michelle F. h+lerlir n, Paul L. Oct Merlino and Cheryl Merlino own the parcel described in ExhibK B; and Will#am I. Chase and Jeaunehe N. Chase, as Trus es of the William J. Chase and Jeanette' .'Chaase: LaV09 Trust, and T+ Jofth H. M' =Lbod and Sarah MacLeod, as Trustees of the John H. MacLeod and Sarah MacLeod Family t sit, own the Feel described in Exhibit C (the owners of the oaf ious parcels will be collectively referge to;'as the "Property Owners"); E. The Property P..vners.recognize that the portions of the Project to be constructed on the Property will benefit the and the Property in excess of Two Hundred Seventy Thousand Dollars ($270D00) plus the value ;of any easements granted by the Property Owners to the City; F. The Property owners" have agreed to:' con" S,270,000 and grant certain easements toward construction of the Project •ib-ordeii to obtain the pity! s agreement to include the Property within the Project and in order ta'bbWa the WeAts From the- Project. G. In order to advance public health,' safety: and -welfare, anti in:'recognition of the benefit to the Property, the City and the Property Owners desire to enter into th)s Agreement. NOW, 'THEREFORE in consideration of the mutual agreements: set forth, herein and. fait other good and valuable consideration, the receipt and sufiicienc}i of whlcli`' are hereby acknowledged, the parties hereto agree as follows: ,. PR 1. Emp y Owners' Pal ruent. The Property Owners shall pay to the City the sure of TwV Hummed Seventy noosand and not100 Dollars ($270, 000. 00), as a contribution toward the Proect, bx,.d&vexing to the City Promissory Notes described in Section 2 hereof, in the following ' amQimts;. , ..µ a) Qne Hundred Tw+ent ..!T msand and no/100 Dollars ($120,000) from James E. 1,VMrI po,• M_Ichell F. Nlealino, Jean M. Merlin, Paul L. Merlin and Cheryl b) Siacty Thousand =4 ; •nu/ 10U�Dollars ($60,000.00) from Campus Gateway Associates; and c) Ninety ThdusaW Do}bars and n61100 ($90,000.00) from William J. Chase, Jeanette M. Chase, John H.-Macltod and $at`ah MacLcOd_ ; 2. . The Piopesty,lown4s fiave;sirt ltarieaus]y executed Promissory QV Notes ("Notes") providing for, among •other things, intermit t6 accrue on the principal balance 101%equal to 6.5% per annuan mmual znents•of , nc and intenest`c {enlateil,u n a [Went (20) PaY l l Y 4.4 year amordiatiori;;a maturity date of twenty (20).,years, and -due; on side, provisions providing for the acceleration of -the maturity date in the evettt:,lhe Rropd ty,•is­sold.,,or developed and for t3onpaynient of principai and interest. 3. SoCuri3 The Notes shall be secured by deeds of ti"-ust covering tite Property which shall" be simultaneously recq�rded upon the execution of this Agreement a d Which shall be in furor aQ� content acceptable to the parties. 4. 17ishczr"rn�.iit of _I rt._ _ The $270,000 will be paid to the City of Federal Way Yubiic 17 aiks Department far, tlte'gurpose of paying for the Project improvements. 5. Tti'e�City will provide documentation to the Property Owners that their co'htribi� tion of $270,6W was expen4ed on the Project. 6_ Project CStm lettl�lJaW. The: Project is'scheduled to be substantially completed by November 30, 1996. Upon this '[late; or :the actual s4st4iiai• completion date, if different, the first installment payment under the'=kotes Will be due, ,antl all s4bsequent annual payments shall be paid on that date until maturity. 7. AttoorY-Fee . In the event of any litigandn to,ir tetpret.,br enforce this Agreement, including but not limited to filing snit or requesting an •arbitratioq', mediation, or_other`�Itemative dispute resolution process, and appeals and collateral Actions ,relative to.. arty suit sill[• or proceeding, the substantially prevailing party as determined by the cart, or in the .praceetllfi; 'shall be entitled to recover its reasonable attorneys' fees and all casts and-.exile-6s incurred relative to such suit or proceeding from the substantially non -prevailing party, in add,ltion`io such K1DOC%RAEN'n336i[M'SE 34226MO6.LA -2- •t. P ' othoerelief as may be awarded, provided, however, that, if the dispute is finally resalyed in a mediatjarii, neither party shall recover its fees fromthe other, except to the extent any final ag i�err�ent r+e f d between the parties to the muLiation reflects any consideration of fees incurred by any PAY• ft jmft. The parties have cooperated in drafting this Agreement..No greaten' scrkatir{y- ii1 bqv'applted to RnY Party as the primary drafter. CnY OF FEDERAL �AMPi]S GATEWAY AS, 3A'I1=.5: .�'WAY- Y: By: L and Sbhaadt Kenneth E. Nyberg City Manager S.C3erat Per •� .. `'"• -. ... Sri$ lf�;�' APPROV-W AS To FORM- By. Lodi. Liddell....::. lames E. Merlinry•,� C4 Attoruey° k. ti. •-."y,•• 54. •r°• Michelle F. Merlino Ji,-an :M.. MerUo rr .:Paul L,,'Wlino .• fr. Cheryl `Meflinoj. Pl. JV r �ti K_lr]OCUXffi TT036=8\.i4226M06.IA i � r ti -.. a CHASE LIVING TRUST: .0 J�l .9v: William J. Chase, as CO -Trustee of the William J. Chase and leanem M. Chase Living Trust Tomnwtfa IkA rhmci% 2c rn-Tnidei- § EXHIBIT "A' CAMPUS GATEWAY PROPERTY r. Parcel A: I!* iiist. 319. eet o ....... fi, f thej4orth half of the Northeast quarter of the Northeast quarter "ney 9f Section 2( wilamette Meridian, Township 21 North, Range 4 East. 4� 44:kiqg"C�unty' W hipgkm; 1XCVPT tqet-thercQf COYNCYed for road by deeds recorded under ho trnNorth 4.21. re0ordingpi . �er 71�4i7 ;.an.d Excwr that portion tfi'ere6i lying *ithin primary State Highway Number I 6d b -5- S record, :under recording (pacific Highway soujh) at convey y numbers 1778234 and 3715474; end - EXCEPT the East 223.b %qt of that portion `6fAhi So6th 223.6 feet of the WIN North 265.6 feet of the East !-,319 feet -.4f the Nor��,h half of the q4ayter ....... ... C. of .'thr, North -i,�O, Township 21 Wrt�,,Rangi� 4 East Northeast quarter of sectioi C-vf'prfm� -- Mi Ntimbc4 I WiUaniette Meridian, lying westerly d r under req*k qumber {Pacific Highway South) as wriveyed by A71$234; X A. S S ( -1 k� 1. so own as portion of parcel IB of King County tdt-Lfne ust"ient A- Number A 00, .,recorded under recording number 88 122W8Q7.) Varcel B"'-' The WeA.2-80 feki:bf tt W.,EWL.'-599 fee of the North half of the Northeast 'i - Section 20, Township 21 North, Range 4 quarter of thej&jhe6t quarwr of ' East, 'IkUlad� Meridian, ii7i King,Coupty, Washington; EXCEPT the Ndith 42 fek tbuw'f coniveyedfi6j�.rOad by deed recorded under recording number (Also known as portion of PaTop of-jkiog 1'6unty Lot Line,'Adjustnifflt Number 881007, recorded under -TeW a ri�mbgr - Parcel C: *1,;i. MA-rff;pnet garter;of- • The Northeast quarter of wquarter e oithweStSection 20, Township 21 North, Range 4 East, Willamette: M 29205MOTDOC x �,• .. m P.�� '• } EXHIBIT '•8,._ r.• HFRT.INO PROPERTY That''g6rGn'ii..a the north half of the south half of the northeast quarter at thit northeast quarter of section 20, Township 21 North, Ra#ig` 4 East. :.ini _M. • in King County, Washington, described as follows " Ca�nraerL i�rtg a G-h northeast ,.c rneX of said Section 2(3; thence south`1'°37!0" '~.east;'alvrg the easterly line thereof, 657 - 37 feE. : to rhea:• nbrttl�east �qrt er v said subdivision; theftkm au h: 89Q2S q3•r, pYest i 'os�g-•tbe northerly line thereof to the westerly! sa+gir vf' 5 Hig�uay No -'' 1,,. (also known as U _ S . Highway No- 99) and ':the.:. t�7E '�7iNT the tract herein described; `A thence contirl:4nAg,; Svu�'�'t 8,0ID26,114 3" :Me*5 ,along said northerly line. to the northwest coY'ner,;of .said sa v�is�;on; thence south 0,029'36A east along r_he MesterLy line thereof 326.56 feet to the southwest.. darner t.�erfhofi = thence north 89027 t4z"' eaat aX4� tlie. �auth�e3y 1#ne,a£ said 'j" subdivision, 893.70 feet;; O thence north 0037/30/1 west paralle•1 Ao said P Sri ly line of said subdivision 108 - 68 feet; "- Jl`. thence north 89027 , 0211 east parAlle pia Said saur er y,., ine of 4C subdivis i oP "" o the westerly margin bf ', aai�i 5 aite. `H hway 'eta . 7� :, thence nor.tYyeri..y a3 ong sand westerly, atargit"x Ca the?E::- JOINT [3F s: 1` BEGINNINrx; • s. s' » i i i MASE VRDP ,. the land ref.-'rred to in this commitment is situated in the county of Xing, state'of Washington, and described as follows: That por.tior�:of the south half o€ the south half of the northeast (;_Dart*r. of -tie -:northeast quarter of section 20, Township 21 North, lZang 4 East, FI.1Mi., in King County, Washington, lying west of the Seat't3Ie-Tacoma Highway as it existed prior to July 29, 1947; EXCEPT the f oiloWih§ --portion: Hegannitig at -a poipt on the;west;ixiundary as it existed prior to .Tiny �9, J_ . of_;'bhe Se'a,rtle-Tacoma Highway 30 feet northeasterly of a point wh-ere.: sax-d weft h;r;5axy ..af, said highway intersects the south line. of s the n6rtrieast qu rt.;,er of the northeast quarter of Section 20, Township 2'1 Abr�h-' >Range -A +'East, W.M_; thence west pa allel..=iuith the :oouth' line , of the northeast quarter of the northeast gi3ax�dr of Section 20'.:tvwnship 21 North, Range 4 east, W.M., 200 feet; thence north 0010112"-eaat Ga'the north line of the south half of the south half of sai.d'.narthi�ast qL artbr. •h:C£he northeast quarter of said Section 20, thence east along said lin6, of: sapid south;�hal€ :':of :,the' south half of the northeast quarter of the -northeast gAr6er o'Section 20 to the said west boundary of the Seattle-Tac6rna` Highwaf:y; ' thence southwesterly along the w6st fine of seat tlfi- Highway to the point: U,, beginning; AND EXCEPT :;that portion thereof conveyeti,.,t the State af,.,:Washisxgtc3n by dged recorded udder Recording Number 372ZS62: RECEIVED TA LASA EA CONSULTANTS, INC. TO: Jim Harris OF: Planner, City of Federal Way Federal Way City Hall 3325 811' Ave S Federal Way, WA 98003 TRANSMITTING THE FOLLOWING letter duplicate copies X report originals specifications proposal other DESCRIPTION OF MATERIALS: MAY 0 9 2016 CITY OF FEDERAL WAY CDS LETTER OF TRANSMITTAL FROM: Kristen Numata PROJECT: Kitts Corner Multifamily TAL-1422M Project No. 13-104418-00-UP & 23-104419-SE SUBJECT: 2016 Baseline Assessment Report DATE: 4/26/2016 FOR. X review & comment information approval X use & files as requested action noted X submittal Enclosed is the Spring 2016 Baseline Assessment Report (Year 0) for the wetland buffer mitigation areas at Kitts Corner Multifamily (Permit No. 13-104418-00-UP and 23-104419-SE) Please call me if you have any questions. Thank you, Kristen Numata, Ecologist Talasaea Consultants, Inc. Office: (425) 861-7550 Sent via: Mail x Courier Other cc: X File X Mr. Tom Neubauer, tom.neubauer@heartland.wa.com X Stacey Welsh, Stacey.welsh@cityoffederalway.com Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98072 • Bus: (425) 861-7550 • Fax: (425) 861-7549 • Email: ewarren@talasaea.com R�M�TyCOMMUNITY DEVELOPMENT SERVICES 4 �J 33325 8`h Avenue South Federal Way, WA 98003-6325 CITY OF MAY 0 9 2016 253-835-2607; Fax 253-835-2609 Federal Way www.6i offederalwa .cnm CITY OF FEDERAL WAY CDS RESUBMITTAL INFORMATION This completed form MUST accompany all resubmittals. "Pleasenote.- Additional or revised plans or documents for an active project will not be accepted unless accompanied by this completed form. Mailed resubmittals that do not include this form or that do not contain the correct number of copies will be returned or discarded. You are encouraged to submit all items in person and to contact the Permit Counter prior to submitting if you are not sure about the number of copies required. ** ANY CHANGES TO DRAWINGS MUST BE CLOUDED. Project Number: 1 3_ 1 0 4 + I ' _ 0 b_ U P rL rr��. 1. Project Address: -17 3 S 3 36+h srt - "d e.Ka t wa N Project Contact: .5 bA Phone: ftzt.1 asav- C 6h a [ z1 h f'S ) RESUBMITTED ITEMS: # of Copies ** Cgzs) %(v( -75-60 Detailed Description of Item I a *� Always submit the same number of copies as required foryour initial application.** Resubmittal Requested by: J I j'7 i (i"Gt,l�, _ S' Letter Dated: �' I_2 (o (Staff Member) RESUB #.• Name Buildil Plannl PW Fire Other OFFICE USE ONL Y Distribution Date. # i ❑esc n By' Bulletin # 129 —January 1, 2011 Page 1 of 1 k:\Handouts\Resubmittal Information RECEIVED MAY 0 9 2016 rM OF FED RAL WAY WETLAND BUFFER MITIGATION PLAN CDs BASELINE ASSESSMENT REPORT - YEAR 0 KITTS CORNER MULTIFAMILY CITY OF FEDERAL WAY PROJECT NO. 13-104418-00-UP & 23-104419-SE FEDERAL WAY, WASHINGTON Prepared For J KITTS CORNER MULTIFAMILY c/o DevCo, Inc. 10900 NE 8th Street, Suite 1200 JBellevue, Washington 98004 Prepared By., TALASAEA CONSULTANTS, INC. 15020 Bear Creek Rd. NE l Woodinville, Washington 98077 (425) 861-7550 April 25, 2016 Kitts Comer Multifamily TABLE OF CONTENTS Baseline Assessment Report Year 0 Page A. PROJECT OVERVIEW B. MITIGATION REQUIREMENTS ....................................... ............................................................ 2. C. SUMMARY DATA .............................. D. FIGURES Figure 1: Vicinity Map & Directions Figure 2: Vegetation Transect & Photo Point Locations Figure 3: Baseline Assessment - Photo Points 1 & 2 Figure 4: Baseline Assessment - Photo Points 3, 4 & 5 Figure 5: Baseline Assessment - Photo Point 6 & 7 Figure 6: Baseline Assessment - Interpretive Signage at Kitts Corner E. CONCLUSIONS ---- .................................................................................... ................... ......... 5 LIST OF TABLES Table 1: Baseline Assessment Vegetation Transect Data (February 251h, 2016) ........................3 Table 2: Catalog of Native Vegetation in Mitigation Areas (February 251h, 2016) ........................4 i 25 April 2016 Copyright © Talasaea Consultants, Inc., 2016 1422M Spring 2016 Baseline Report (4-26-16) Page i Kitts Corner Multifamily Baseline Assessment Report Year 0 A. PROJECT OVERVIEW CITY OF FEDERAL WAY PERMIT NO. 113-104418-00-UP & 23-104419-SE Permittee: DevCo, Inc. 10900 NE 81h Street, Suite 1200 Bellevue, Washington 98004 Contact: Mr. Tom Neubauer tom.neubauer@heartlandwa.com Consultant: Talasaea Consultants, Inc. 15020 Bear Creek Road NE Woodinville, Washington 98077 (425) 861-7550 Contact: Ann Olsen, Senior Project Manager aolsen@talasaea.com Kristen Numata, Ecologist knumata@talasaea.com Field Survey: Conducted on February 25th, 2016 by Erin Warren Project Summary The purpose of the approved mitigation plan was to 1) provide passive recreation in the buffers for Wetlands 1 and 2 consistent with City guidelines, 2) restore wetland buffer areas disturbed from temporary construction impacts, and 3) enhance degraded buffer areas. To accomplish ` these goals, the mitigation will: provide passive recreation opportunities within the wetland buffer through construction of two soft -surface pedestrian trails with viewpoints, benches, and interpretive signage; i • restore the functions and values of the wetland buffer lost due to temporary impacts Jfrom site construction by restoring approximately 6,919 sf of buffer area; and enhance 31,214 sf of degraded buffer areas. Site Location The subject property is located at 1173 S 336th St, Federal Way as shown on Figure 1. The mitigation areas are located on both the west and east property lines and are identifiable by either a 2-rail fence or black vinyl coated chain -link fence. Critical Area Protection Area signage J is posted along the buffer boundaries. Driving directions to the project site are located on Figure 1. Em _A Project Timeframe Construction of the mitigation area was completed in January 2016 and monitoring is required by the City of Federal Way for five years (2020). A baseline assessment was conducted on February 25th, 2016 to document baseline conditions at Year 0. Routine performance monitoring will begin spring 2016 according to the approved monitoring schedule. Maintenance reviews will be conducted in both the spring and fall of each year to address any maintenance concerns and a maintenance memo will be sent to the landscaping contractor detailing maintenance items to be completed. An annual performance monitoring report will be prepared in the fall and will include data from both the spring and fall monitoring events. Performance Summary To evaluate performance standards for the project, future monitoring will be compared to the baseline conditions documented on February 25th, 2016. The mitigation areas appear healthy and plant installation and soil conditions are consistent with Talasaea's specifications. 25 April 2016 1422M Spring 2016 Baseline Report (4-26-16) Copyright © Talasaea Consultants, Inc., 2016 Page 1 .J Kitts Corner Multifamily Baseline Assessment Report Year 0 Maintenance Summary During the baseline assessment event, the mitigation areas were observed to be recently planted and mulched and no maintenance was needed at that time. A temporary above -ground irrigation system was not installed at the time of the baseline assessment but will be installed and active prior to irrigation needs this summer. B. MITIGATION REQUIREMENTS The mitigation areas are being measured for success according to the requirements outlined in the approved Wetland Buffer Mitigation Plan by Talasaea Consultants, dated July 91h, 2014. The following performance standards were accepted by the City of Federal Way. Objective A: Restore 6,919 sf of buffer area temporarily impacted by construction and enhance approximately 31,214 sf of existing vegetated buffer area. Performance Standard Al: At least 15 species of desirable native plants will be present in the buffer restoration and enhancement areas during the monitoring period. Percent survival of planted woody species must be at least 100% at the end of Year 1 (per contractor warranty), and at least 80% for each subsequent year of the monitoring period. Performance Standard A2 buffer restoration areas oft/ *: Native woody species (planted or volunteer) in the restored buffer areas shall achieve an average stem density of at least 0.03 stems per square foot by the end of Year 1 and an average stem density of at least 0.04 stems per square foot by the end of Year 3. Total percent aerial woody plant coverage in the restored buffer areas must be at least 35% by Year 4 and 50% by Year 5. Woody coverage may be comprised of both planted and recolonized native species, however, to maintain species diversity, at no time shall a single recolonized species (i.e., red alder) comprise more than 35% of the total woody coverage. There must be at least three native species providing at least 20% cover each, or four native species providing at least 15% cover each, or five native species providing at least 10% cover each of the total aerial woody plant coverage. *Note: The coverage performance standard is not applicable to existing vegetated buffer enhancement areas because these areas already have 100% aerial coverage of woody plant species. Performance Standard A3: Invasive weedy species shall be less than 15 percent of total areal coverage for any year during the monitoring period within the buffer restoration and enhancement areas. These species include, but are not limited to, Scot's broom, Himalayan and evergreen blackberry, reed canarygrass, purple loosestrife, hedge bindweed, knotweed sp., and creeping nightshade. Additional species requiring control may be designated by the City or by Talasaea Consultants during the monitoring period. Methodology Vegetation Sampling Three permanent vegetation sampling transects (VSTs) were established during the baseline assessment and evaluated for woody plant survival, stem density (Years 1-3), percent aerial cover (Years 4-5), and percent invasive vegetation. The VSTs measure between 55 and 100 feet in length and are 10 feet wide. Percent survival of trees and shrubs will be evaluated by performing a plant count of native desirable species colonizing the VST sampling areas and expressing it as a percentage of the baseline plant count. Cover by herbaceous vegetation is visually estimated within each sample area. In Years 4 and 5, percent aerial cover of trees and shrubs (woody cover) will also be evaluated along each VST using the line -intercept sampling. Using line -intercept methodology, a measuring tape is extended between two permanent markers. Shrubs and 25 April 2016 1422M Spring 2016 Baseline Report (4-26-16) Copyright © Talasaea Consultants, Inc., 2016 Page 2 Baseline Assessment Report Kitts Corner Multifamily Year 0 trees intercepted by the tape are identified and the intercept distance is recorded. Percent woody cover is calculated by totaling the intercept distances and expressing the total intercept distance as a proportion of the tape (VST) length. Native, desirable, colonizing species will be included are included in the survival count, stem density, woody cover, and herbaceous cover calculations. Vegetation Transect Data The following table presents the survival of plants and percent aerial woody cover at each sampling location during the baseline assessment (Table 1). Table 1 • Baseline Assessment Data — Year 0 (February 25t'', 2016) Transect # Percent Survival Stem Density Percent Woody Cove* Percent Invasive Cover Percent Herbaceous Cover VST-1 100 0.09 3.0 0.0 0.0 VST-2 100 0.08 2.0 4.0 0.0 0.0 0.0 VST-3 100 0.06 0.0 Average 100% 0.08 3.0% 0.0% 0.0% Required* 100% Year 1 80% Years 2-5 0.03 Year 1 0.04 Year 3 NA Year 0 35% Year 4 50% Year 5 <15% NA "Success criteria as required by the City of Federal Way Photo -points A series of photographs representing panoramic views of the mitigation areas were established during the baseline assessment at 7 locations. The locations of the monitoring photo -points are shown on Figure 2. These photographs document general condition throughout the site as well as provide a qualitative representation of the performance of the mitigation areas. The panoramic photos are presented as Figures 3-5. Photos of interpretive signage are included on Figure 6. C. SUMMARY DATA On February 25th, 2016, Talasaea Consultants conducted the baseline assessment for the Kitts Corner Multifamily housing complex mitigation areas. The following is a summary of our findings. Vegetation A variety of trees, shrubs, groundcover species were chosen to increase structural and species diversity of the wetland buffers. A total of 24 desirable native plant species were cataloged in the buffer areas which satisfies Performance Standard Al (Table 2 below). Overall, the installed native trees, shrubs and groundcover plants appear healthy and are expected to establish well. During the baseline assessment, percent woody cover was calculated at 3.0% and we expect to see aerial cover to steadily increase during the course of the monitoring period. We believe that the vegetation will establish well and will meet or exceed the 50% woody cover criteria by the end of Year 5 (Performance Standard A2). 25 April 2016 Copyright © Talasaea Consultants, Inc., 2016 1422M Spring 2016 Baseline Report (4-26-16) Page 3 Baseline Assessment Report Kitts Corner Multifamily Year 0 Table 2: Catalog of Native Vegetation in Mitigation Areas (Februar 25t", 2016 Scientific name Common name Acer circinatum Vine maple Acer macroph llum Big -leaf maple Amelanchier alnifolia Serviceberry Betula papyrifera Paper birch Comus alba Red -osier dogwood Comus nuttallii Pacific Dogwood Crataegus douglasii Black hawthorn Fran ula purshiana Cascara Gaultheria shallon Salal Holodiscus discolor Oceanspra Mahonia aguifolium Tall Oregon rape Oemleria cerasiformis Indian plum Pol stichum munitum Sword fern Pseudotsu a menziesii Douglas fir Rosa gymnocarpa Baldhip rose Rosa nutkana Nootka rose Rubus parviflorus Thimbleber Rubus spectabilis Salmonberry Sambucus racemosa Red elderberry Sorbus sitchensis Sitka mountain ash Common snowberry S mphoricarpos albus Thu'a plicata Western red cedar Tsuga heterophylla Western hemlock Vaccinium ovatum Evergreen huckleberry Non-native vegetation observed prior to mitigation construction included Himalayan blackberry (Rubus a►meniacus), Scot's broom (Cytisus scoparius), and Canada thistle (Cirsium arvense). At the time of the baseline assessment, the mitigation areas had recently been planted and mulched and percent invasive cover was estimated at <1.0%, satisfying Performance Standard A3. We will monitor the mitigation areas for resprouts of non-native species that were removed during mitigation construction. J Site Stability and Water Quality The buffer areas were observed to be mulched and stable with no signs of erosion or rilling. The rock -lined swale was stable and no over -bank scour was observed. Although not a l required performance standard, percent cover by herbaceous vegetation will be estimated j during each monitoring event and can be an indicator of site stability. Wildlife One snag and numerous down logs and stumps were placed in the buffer mitigation areas to provide habitat features for wildlife. A bird -nesting box was attached to the snag to initially augment the natural habitat for swallow species. Birds, mammals, reptiles, amphibians, and invertebrates observed in the wetland buffer areas (either by direct or indirect means) will be identified and recorded during site visits. Anna's hummingbird, American robin, dark -eyed junco, red-tailed hawk, a pair of mallards and dragonfly were observed during the baseline assessment.. As vegetation grows and matures, we expect wildlife species usage will increase. 25 April 2016 1422M Spring 2016 Baseline Report (4-26-16) Copyright © Talasaea Consultants, Inc., 2016 Page 4 � j Kitts Corner Mu Baseline Assessment Report Year 0 D. FIGURES The following figures are attached to assist the City in locating the multifamily housing development, to identify the mitigation areas on the property, and to show the locations of the permanent vegetation transects and photo -points. Figure 1: Vicinity Map & Directions Figure 2: Vegetation Transect & Photo Point Locations Figure 3: Baseline Assessment - Photo Points 1 & 2 Figure 4: Baseline Assessment - Photo Points 3, 4 & 5 Figure 6: Baseline Assessment - Photo Point 6 & 7 Figure 6: Baseline Assessment - Interpretive Signage at Kitts Corner E. CONCLUSIONS The baseline assessment for the wetland buffer areas at Kitts Corner Multifamily development was conducted to establish a baseline for future monitoring, to record the health and growth of the vegetation, and to evaluate wildlife usage of the site. The vegetation present in the mitigation areas is healthy and expected to grow and become established at the conclusion of the monitoring period. Twenty-four (24) desirable tree and shrub species were identified within the buffer areas, meeting the requirements outlined in Performance Standard Al. A dead plant count will be conducted this fall to ensure the site is meeting the required 100.0% survival by the end of Year 1 (Performance Standard A2). Routine maintenance is scheduled to occur on a regular basis in order to control and eradicate non-native species at levels below 15%, as required by Performance Standard A3. Overall, the enhanced wetland buffer areas are healthy and the mitigation site is expected to meet performance standards outlined by the City. The site is providing an opportunity for increased structural and species diversity which will attract a greater variety of wildlife, and the wetland buffer mitigation areas will likely provide an extension of usable habitat for wildlife species. Over time, productive colonization by desirable native species will improve habitat quality and native vegetation density. Rainwater runoff from select buildings are dispersed into the wetland buffers via dispersion trenches, providing additional hydrology to the wetlands. The two soft -surface trails, viewpoints and interpretive signage provide an opportunity for passive recreation and environmental education (Figure 6). The enhanced wetland buffer will likely provide improved water quality to the network of adjacent wetlands and streams, including West Hylebos Wetlands Park and West Hylebos Creek. CI 25 April 2016 J 1422M Spring 2016 Baseline Report (4-26-16) Copyright © Talasaea Consultants, Inc., 2016 Page 5 NJ ors 1� I Pi1P'3f y S 320a.h St Nay _fbra- n S 3201h St S 320th S 5 !n CR D r. I I:'tC tVG1 s • � FlSil!P PROJEOT SITE ��'parkt'° r'_�;n-91 'DIY, � 1•�,rh r..I ty I . i i y Way ,I :itr a c�4 •r r. O` 7 +P F S 2 i w } Gwdjtnitn MA _ y Walmasf _ I�&nEtFEr Lace _ f3� i C= Pharrnac t R 0K F P t Ele-mentary ' r� 3cllw to ,No-1� b`isan ■ IMAGE SOURCE: GOOGLE MAPS, WWW.MAPS.000GLE.GOM (ACCESSED Icf DEC, 2013) DRIVING DIRE6TION5: 1) FROM SEATTLE TAKE INTERSTATE 5 SOUTH TOWARD FEDERAL WAY 2) TAKE EXIT 143 AND CONTINUE R16HT ONTO 5 320TH STREET W 3) TURN LEFT ONTO PAGIFIC HWY; WA—q-1 5 5 4) TURN RIGHT ONTO S 356TH STREET (b) ARRIVE AT DESTINATION ON LEFT ADDRESS: 1201 5 336TH STREET i~ FEDERAL WAY, WA ci8003 NORTH J s i i✓ 8, DESIGN DRAWN PROJECT o FIGURE # I AQ I AB5 11422M TALASAEA SCAM CONSULTANTS, INC. VIGINITY MAP DIREGTION5 2-1 NTS Resource & Environmental Planning KITTS CORNER MULTIFAMILY DATE 15020 Rear Creek Road NortheasL FEDERAL WAY, WASHINOTON 12—IQ-2013 i Woodinville, Washington 98077 Bus (-lz5)Rs1—;650 — ra. (-Iz5)e�1-75.f9 REVISED 2-22-2016 © Copyright - Talasaea Consultants, INC. J 5 336TH STREET eco� Of FP-2 PP-4 13 V5T-3 T • w �� • ` E •� 111 PP-1 �PP-3 t�� ',�•. � \ nay • : • • • _ • _ "� , ° : _ _ • : ]�, ftTATI ON TRANSEGT —LOG TION I V5T-2 VE6E-rATION VE&ETA71ON TR?�NSEGT — TRANSF-C — LOCATION 2 LOCATION 3 51-ALE: I"=60'40, SCALE: I'=60' I JLr j 1 MONITORINcS LEGEND VST-><F--- I VEGETATION TRANSEGT 7 Mr Ai' n� ayx t%PP-tt PHOTO POINT LOGATIONS M N ' � „ 1 EXI5TIN6 GRAVEL ♦I i I MAINTENANCE RoAv {TYPJ PLAN LE&MN2 •� - FRO -MT 517E DMVAi2Y- CEX15TINS klz LAND EXI5TING I — — — — _ _ = DESIGN DRAWN PROJEC hEILAND It S FAGIWLITY R I #2 BUF3=EW5EGI1RIl'Y PENCE FIGURE AO Ai35 1 1422h —----- — EXISTIN657REAM TALASAEA SALE CENTERLINE CONSULTANTS, INC. VEGETATION TRANS)=GT PHOTO POINT LOCATIONS AS SHOWN DATE SRAPrlkC 5GALE NORTH j Resource & Environmental Planning KITT5 GORNER ( I4 7'�-VzY 7 - - - - - J 15020 Bear Creek Road Northeast FEDERAL WAY, WA5HINCTON 4-26-2016 I2 Woodinville, Washington 98077 REVISED _ 160 Bus (425)861-7550 - Fax (425)661-7549 SCALE: I"=160' (C) Copyright - Talasaea Consultants, INC. PHOTO POINT FROM RA15ED OVERLOOK PLATFORM, LOOKING EAST TOWARDS 5TORMWATER OUTFALL Tr 51 �- ys4f . PHOTO POINT 2 FROM MULGH TRAIL, LOOKING SOUTH TOWARD5 RA15ED OVERLOOK PLATFORM NOTE: 5EE FIGURE 2 FOR VEGETATION PHOTO POINT LOGATION5. 3 b a C7 0 _ 0 0 � � a _ o c� c Q� 7 1 n I wag CQ C17 14,4 tw Cal fy �.^ d O DRAWN PROJECT FIGURE 3 ELW 11422M TALA S AE A VEOETATION PHOTO POINTS 1 2 SCALE %. CONSULTANTS, INC. ;ng BASELINE A55E55MENT - YEAR O NTT DATE n Resource &Environmental Pl aann 3-28-2016 15020 Bear Creek Road Northeast Woodinville. Washington 98077 KITTS GORNER REVISED N Bus (425)861-7550 — Fax (425)861-7549 FEDERAL WAY, NASHINGTON © Copyright - Talasaea Consultants, INC. I r € ;" �. • r _ _ r e _`"tip "';,;� �,= *� ' -� 3'.ce _'•� - •- -_ -='sue" _ _ • F_ .- �sn rAw PHOTO POINT 3 FROM MULCH TRAIL, LOOKING SOUTH WE5T TOWARDS BUFFER ENHANCEMENT AND WETLAND I PHOTO POINT FROM ENTRY GATE, LOOKING NORTH TOWARD5 BUFFER ENHANCEMENT AREA D NOTE- SEE FIGURE 2 FOR VEGETATION PHOTO POINT LOGATION5. PHOTO POINT 4 FROM ENTRY GATE, LOOKING EAST TOWARD BUFFER ENHANCEMENT AREA G F0IGURE 4 TALASAEA VEGETATION PHOTO POINTS 5, 4 $ 5 r CONSULTANTS, INC. Resource & Environmental Planning BASELINE ASSESSMENT - YEAR 0 15020 Bear Creek Road NortheasL KITTS GORNER Woodinville, Washington 98077 Bus (425)861-7550 - Fax (425)861-7549 FEDERAL WAY, WA5HINCTON DRAWN I PROJECT ELW 1422M SCALE N75 DATE 3-25-2016 dd4 REVISED _ Copyright - Talasaea Consultants, INC. U b o� a .o 0 0 0 a 0 0 i a 0 0 / N CV a F rn i 0 0 z d a PHOTO POINT 6 FROM ENTRY &ATE, LOOKING SOUTH TOWARD BUFFER ENHANGEMENT AREA D PHOTO PO I NT -1 FROM MULGH TRAIL, LOOKING NORTH EAST TOWAR05 BUFFER ENHANCEMENT AREA B NOTE: 5EE FIGURE 2 FOR VE&ETATION PHOTO POINT LOGATION5. FIGURE 5 0 TALA S AE A VEGETATION PHOTO POINT 6 4 -7 CONSULTANTS, INC. Resource & Environmental Planning BASELINE ASSESSMENT - YEAR 0 15020 Bear Creek Road Northeast KITTS GORNER Woodinville, Washington 98077 Bus (425)861-7550 — Fax (425)861-7549 FEDERAL WAY, HA5HIN6TON Rr-7w-:i DRAWN PROJECT ELW 1422M SCALE DATE 5-28-2016 ]CrP REVISED Copyright — Talasaea Consultants, INC b q m q 0 a 0 0 0 a 0 m b c CQ al 0 0 a d F M 0 i a Q N "FORESTED BUFFERS: NETLAND PROTECTION N I TH BENEF I T5" "THERE'S NO SUCH TH I NO AS DEAD HOOD" "WHAT'S 50 COOD AE30UT COTTONViOOD5?" "THE IMPORTANCE OF AETLANDS" F15URE 6 iD TALASAEA INTERPRETIVE 516NA6E CONSULTANTS, INC. Resource & Euvironmeutal Planning BA5ELINE A55E55MENT -YEAR 0 15020 Bear Creek Road Northeast KITT5 CORNER Woodinville, Washington 96077 Bus (425)861-7550 — Fax (425)861-7549 FEDERAL WAY, WA5HINOTON DRAWN PROJECT ELW 1422M SCALE NTS DATE 5-28-2016 REVISED Copyright — Talasaea Consultants. 11',1C RECEIVED 1 i TALASAEA CONSULTANTS, INC. i TO: Jim Harris OF: Planner, City of Federal Way Federal Way City Hall 3325 81h Ave S Federal Way, WA 98003 TRANSMITTING THE FOLLOWING letter duplicate copies X report originals specifications proposal other DEC 01 2016 LETTER OF TRANSMITTAL FROM: Jordan Macke PROJECT: Kitts Corner Multifamily TAL-1422M Project No. 13-104418-00-UP & 23-104419-SE SUBJECT: Year 1 Performance Monitoring Rpt DATE: 11 /28/2016 FOR Xi review & comment I information j ] approval luse & files I� as requested F— action noted I X submittal DESCRIPTION OF MATERIALS: Enclosed is the Fall 2016 Performance Monitoring Report (Year 1) for the wetland buffer mitigation areas at Kitts Corner Multifamily (Permit No. 13=104418-00-UP and 43-104419-SE). Please call me if you have any questions. Thank you, _J ordan Macke, Ecologist 1 Talasaea Consultants, Inc. J Office: (425) 861-7550 Sent via: Mail x Courier Other cc: J X' File Ix Mr. Tom Neubauer, tom.neubauer@heartland.wa.com Stacey Welsh, Stacey.welsh@cityoffederalway.com Resource & Enviromnental Planning J15020 Bear Crcek Road Northeast • Woodinville, Washington 98072 • Bus: (425) 861-7550 • Fax: (425) 861-7549 • Email: ewsu-ren r talasaea.com WETLAND BUFFER MITIGATION PLAN 2016 PERFORMANCE MONITORING REPORT - YEAR 1 KITTS CORNER MULTIFAMILY CITY OF FEDERAL WAY PROJECT NO. 13-104418-00-UP & 23-104419-SE _I FEDERAL WAY, WASHINGTON Prepared For KITTS CORNER MULTIFAMILY c/o DevCo, Inc. 10900 NE 8'h Street, Suite 1200 Bellevue, Washington 98004 Prepared By. -� TALASAEA CONSULTANTS, INC. 15020 Bear Creek Rd. NE J Woodinville, Washington 98077 (425) 861-7550 November 28, 2016 Performance Monitoring Report Kitts Corner Multifamily Year 1 TABLE OF CONTENTS Page A. PROJECT OVERVIEW ................................................................................................................... 1 B. MITIGATION REQUIREMENTS-----------------------------••---.........-----•----•-•-----...---•------...----------------•.----2 C. SUMMARY DATA------•--•.............................................3 D. FIGURES .............................................. .......... ..... 5 Figure 1: Vicinity Map & Directions Figure 2: Vegetation Transect & Photo Point Locations Figure 3: Vegetation Photo Point 1 Figure 4: Vegetation Photo Points 2 Figure 5: Vegetation Photo Points 3 & 4 Figure 6: Vegetation Photo Points 5 & 6 Figure 7: Vegetation Photo Point 7 Figure 8: Interpretive Signage E. CONCLUSIONS ................. ...................................................... .......................... I .......... 5 _1 LIST OF TABLES Table 1: Baseline Assessment Vegetation Transect Data (February 26, 2016) .........................3 Table 2: Spring 2016 Vegetation Transect Data — Year 1(June 19, 2016).................................. 3 Table 3: Fall 2016 Vegetation Transect Data — Year 1 (September 15, 2016).........................4 Table 4: Catalog of Native Vegetation in Mitigation Areas (September 15, 2016).................. 4 I� 11 u ij November 28 2016 1422M Fall 2016 Performance Monitoring Report-2 Copyright© Talasaea Consultants, Inc., 2016 Page i ij Kitts Comer Multifamily A. PROJECT OVERVIEW Performance Monitoring Report Year 1 j CITY OF FEDERAL WAY PERMIT NO. 113-104418-00-UP & 23-104419-SE Permittee: DevCo, Inc. 10900 NE 81h Street, Suite 1200 Bellevue, Washington 98004 Contact: Mr. Tom Neubauer tom.neubauer@heartlandwa.com Consultant: Talasaea Consultants, Inc. 15020 Bear Creek Road NE -1 Woodinville, Washington 98077 1 (425) 861-7550 Contact: Ann Olsen, Senior Project Manager j aolsen@talasaea.com l Jordan Macke, Ecologist jmacke@talasaea.com Field Survey: Conducted on September 15, 2016 by Jordan Macke Project Summary The purpose of the approved mitigation plan was to 1) provide passive recreation in the buffers for Wetlands 1 and 2 consistent with City guidelines, 2) restore wetland buffer areas disturbed from temporary construction impacts, and 3) enhance degraded buffer areas. To accomplish these goals, the mitigation included the following: • Passive recreation opportunities within the wetland buffer through construction of two soft -surface pedestrian trails with viewpoints, benches, and four interpretive signs; • Restoration of the functions and values of the wetland buffer lost due to temporary L impacts from site construction by restoring approximately 6,919 sf of buffer area; and • Enhancement of 31,214 sf of degraded buffer areas. Site Location The subject property is located at 1173 S 336th St, Federal Way as shown on Figure 1. The mitigation areas are located on both the west and east property lines and are identifiable by either a 2-rail fence or black vinyl coated chain -link fence. Critical Area Protection Area signs are posted along the buffer boundaries. Driving directions to the project site are located on Figure 1. Project Timeframe Construction of the mitigation areas was completed in January 2016 and monitoring is required by the City of Federal Way for five years (2020). A baseline assessment was conducted on February 25th, 2016 to document baseline conditions at Year 0. Routine performance monitoring began in spring 2016 according to the approved monitoring schedule. Maintenance reviews are conducted in the spring and fall of each year to address any maintenance concerns and a maintenance memo is sent to the landscaping contractor detailing maintenance items to be completed. Annual performance monitoring reports will be prepared in the fall. This fall concludes Year 1 of the monitoring period. Performance Summary To evaluate performance standards for the project, future monitoring will be compared to the baseline conditions documented on February 25th, 2016. The installed vegetation within the November 28, 2016 1422M Fall 2016 Performance Monitoring Report-2 Copyright © Talasaea Consultants, Inc., 2016 Page 1 Performance Monitoring Report Kitts Corner Multifamily Year 1 mitigation areas appears healthy and is beginning to establish nicely with native plants continuing to colonize the site and installed vegetation seeing new growth. Maintenance Summary During the fall performance monitoring event, the mitigation areas were observed to be well used by residents and wildlife. Maintenance items that were completed this year included: • Himalayan blackberry (Rubus armeniacus), evergreen blackberry (Rubus laciniatus) and Poison hemlock (Conium maculatum) were removed. • Jewelweed (Impatients spp.), (Convolvulus spp.), and Goosefoot (Chenopodium album), were bagged and removed. B. MITIGATION REQUIREMENTS The mitigation areas are being measured for success according to the requirements outlined in the approved Wetland Buffer Mitigation Plan by Talasaea Consultants, dated July 9th, 2014. The following performance standards were accepted by the City of Federal Way. Objective A: Restore 6,919 sf of buffer area temporarily impacted by construction and enhance approximately 31,214 sf of existing vegetated buffer area. Performance Standard A 1: At least 15 species of desirable native plants will be present in the buffer restoration and enhancement areas during the monitoring period. Percent survival of planted woody species must be at least 100% at the end of Year 1 (per contractor warranty), and at least 80% for each subsequent year of the monitoring period. Performance Standard A2 buffer restoration areas only'': Native woody species (planted or volunteer) in the restored buffer areas shall achieve an average stem density of at least 0.03 stems per square foot by the end of Year 1 and an average stem density of at least 0.04 stems per square foot by the end of Year 3. Total percent aerial woody plant coverage in the restored buffer areas must be at least 35% by Year 4 and 50% by Year 5. Woody coverage maybe comprised of both planted and recolonized native species; however, to maintain species diversity, at no time shall a single recolonized species (i.e., red alder) comprise more than 35% of the total woody coverage. There must be at least three native species providing at least 20% cover each, or four native species providing at least 15% cover each, or five native species providing at least 10% cover each of the total aerial woody plant coverage. *Note: The coverage performance standard is not applicable to existing vegetated buffer enhancement areas because these areas already have 100% aerial coverage of woody plant species. Performance Standard A3: Invesivelnon-native weedy species shall be less than 15 percent of total areal coverage for any year during the monitoring period within the buffer restoration and enhancement areas. These species include, but are not limited to, Scot's broom, Himalayan and evergreen blackberry, reed canarygrass, purple loosestrife, hedge bindweed, knotweed sp., and creeping nightshade. Additional species requiring control may be designated by the City or Jby Talasaea Consultants during the monitoring period. Methodoloov ij Vegetation Sampling Three permanent vegetation sampling transacts (VSTs) were established during the baseline assessment and evaluated for woody plant survival, stem density (Years 1-3), percent aerial cover (Years 4-5), and percent invasive vegetation. The VSTs measure between 55 and 100 feet in length and are 10 feet wide. Percent survival of trees and shrubs will be evaluated by performing a plant count of native desirable species colonizing November 28, 2016 1422M Fall 2016 Performance Monitoring Report-2 Copyright© Talasaea Consultants, Inc., 2016 Page 2 �I 1 Performance Monitoring Report Kitts Corner Multifamily Year 1 the VST sampling areas and expressing it as a percentage of the baseline plant count. } Cover by herbaceous vegetation is visually estimated within each sample area. +I In Years 4 and 5, percent aerial cover of trees and shrubs (woody cover) will also be evaluated along each VST using the line -intercept sampling. Using line -intercept -1 methodology, a measuring tape is extended between two permanent markers. Shrubs and trees intercepted by the tape are identified and the intercept distance is recorded. Percent woody cover is calculated by totaling the intercept distances and expressing the total intercept distance as a proportion of the tape (VST) length. Native, desirable, colonizing species will be included are included in the survival count, stem density, woody cover, and herbaceous cover calculations. Vegetation Transect Data The following tables presents the data collected during the baseline assessment (Table 1) and both the spring and fall monitoring events (Tables 2 and 3). Installed vegetation is performing very well and has begun to send up new suckers and shoots increasing the overall percentage of survival. Currently we are exceeding Performance Standard Al with 120.3% survival during the spring monitoring event 126.3% survival in the fall monitoring event. Table 1: Baseline Assessment Data - Year 0 (February 25, 2016 Transect # Percent Survival Stem Density Percent Woody Cover"* Percent Invasive Cover Percent Herbaceous Cover VST-1 100 0.09 3.0 0.0 t 0.0 VST-2 100 0.08 2.0 j 0.0 0.0 VST-3 100 0.06 4.0 j 0.0 0.0 Average 100% 0.08 3.0% 0.0% 0.0% Required* 100% Year 1 80% Years 2-5 0.03 Year 1 L 0.04 Year 3 35% Year 4 50% Year 5 <15% NA "Success criteria as required by the City of Federal Way ** Woody cover is not required until Year 4 Table 2: Snrina 2016 Vegetation Transect Data -Year 1 (June 19, 2016) Transect # Percent Survival Stem Density Percent Woody Cover** Percent Invasive Cover Percent Herbaceous Cover VST-1 73.2 0.05 5.5 0.0 5.0 VST-2 139.5 0.11 3.6 0.0 0.0 VST-3 148.3 0.08 13.7 0.0 0.0- Average 120.3% 0.08 7.6% 0.0% 1.6% Required* 100% Year 1 80% Years 2-5 0.03 Year 1 0.04 Year 3 35% Year 4 50% Year 5 <15% Not Required *Success criteria as required by the City of Federal Way ** Woody cover is not required until Year 4. Table 3. Fall 2016 Ve etation Transect Data ear 1 (September 15, 2016) Transect # Percent Survival Stem Density Percent Woody Cover" Percent Invasive Cover Percent Herbaceous Cover VST-1 82.1 j 0.06 3.3 0.11 25.6 0.0 0.0 VST-2 141.8 0.0 55.0 VST-3 155.0 0.09 j 29.2 5.0 0.0 Average 126.3% 0.086 19.3% 1.6% 18.3% Required* 100% Year 1 80% Years 2-5 0.03 Year 1 0.04 Year 3 35% Year 4 50% Year 5 <15% Not Required *Success criteria as required by the City of Federal Way ** Woody cover is not required until Year 4. November 28, 2016 1422M Fall 2016 Performance Monitoring Report-2 Copyright © Talasaea Consultants, Inc., 2016 Page 3 Kitts Corner Multifamily Performance Monitoring Report Year 1 Photo -points A series of photographs representing panoramic views of the mitigation areas were established during the baseline assessment at 7 locations. The locations of the monitoring photo -points are shown on Figure 2. These photographs document general condition throughout the site as well as provide a qualitative representation of the performance of the mitigation areas. The panoramic photos are presented as Figures 3-7. Photos of interpretive signage are included on Figure 8. C. SUMMARY DATA Talasaea Consultants conducted spring performance monitoring on June 19, 2016 and fall performance monitoring on September 15, 2016 for the Kitts Corner Multifamily housing complex mitigation areas. The following is a summary of our findings. Vegetation A variety of trees, shrubs, groundcover species were chosen to increase structural and species diversity of the wetland buffers. A total of 24 desirable native plant species were cataloged in the buffer areas which satisfies Performance Standard Al (Table 4). Table 4: Catalog of Native Vegetation in Mitigation Areas (September 15, 2016) Quantity Scientific name Common name 1 Acer circinatum Vine maple 2 Acer macrophyllum Big -leaf maple 3 Amelanchier alnifolia Serviceberry 4 Betula papyrifera Paper birch 5 Comus albs Red -osier dogwood 6 Comus nuttallii Pacific Dogwood 7 Crataegus dou lasii Black hawthorn 8 Fran ula purshiana Cascara 9 Gaultheria shallon Salal 10 Holodiscus discolor Oceanspray 11 Mahonia a uifolium Tall Ore on ra e 12 Oemleria cerasifo►mis Indian plum 13 Pol stichum munitum Sword fern 14 Pseudotsu a menziesii Douglas fir 15 Rosa gymnocarpa Baldhip rose 16 Rosa nutkana Nootka rose 17 Rubus parviflorus Thimbleberry 18 Rubus s ectabilis Salmonberry 19 Sambucus racemosa Red elderberry 20 Sorbus sitchensis Sitka mountain ash 21 Symphoricarpos albus Common snowberry 22 Thu"a plicata Western red cedar 23 Tsu a hetero h lla Western hemlock 24 Vaccinium ovatum Evergreen huckleberry Woody Vegetation Overall, the installed native trees, shrubs and groundcover plants appear healthy and are establishing well. Stem density remained steady at 0.08 from the baseline through spring November 28, 2016 Copyright © Talasaea Consultants, Inc., 2016 Page 4 1422M Fall 2016 Performance Monitoring Report-2 Kitts Corner Multifamily Performance Monitoring Report Year 1 monitoring and increased slightly at the time of the fall monitoring event to 0.086. Performance Standard A2 specifies that an average of 0.03 stems per square foot must be reached by the end of year 1. As of the fall performance monitoring event we are exceeding this Performance Standard with 0.086 stems per square foot. During the spring performance monitoring event, percent woody coverage was calculated at 7.6% and woody coverage for the fall performance monitoring event was calculated at 19.3%, which has increased significantly since the baseline assessment calculated at 3.0%. While percent woody coverage is not required at this time, it is well on its way to meeting the 35% coverage at Year 4 performance standard (Performance Standard A2). November 28, 2016 1422M Fall 2016 Performance Monitoring Report-2 Copyright © Talasaea Consultants, Inc., 2016 Page 5 Kitts Corner Multifamilv Performance Monitoring Report Year 1 Invasive Species At the time of the fall monitoring event, maintenance had recently been completed and percent invasive/non-native cover was estimated at 1.6%, satisfying Performance Standard A3. We will monitor the mitigation areas for resprouts of non-native/invasive species that were removed during mitigation construction. Site Stability and Water Quality The buffer areas were observed to be mulched and stable with no signs of erosion or rilling. The rock -lined swale was stable and no over -bank scour was observed. Although not a required performance standard, percent cover by herbaceous vegetation was estimated to be 18.6% at the time of the fall monitoring event, increasing notably since the baseline assessment when 0.0% herbaceous cover was recorded. Increasing herbaceous cover will provide site stability through an increase in root matter holding soil aggregates in place. Wildlife One snag and numerous down logs and stumps were placed in the buffer mitigation areas to provide habitat features for wildlife. A bird -nesting box was attached to the snag to initially augment the natural habitat for swallow species. Birds, mammals, reptiles, amphibians, and invertebrates observed in the wetland buffer areas (either by direct or indirect means) identified and recorded during this and previous site visits includes: Anna's hummingbird, American robin, dark -eyed junco, red-tailed hawk, a pair of mallards, butterfly, and dragonfly. As vegetation grows and matures, we expect wildlife species usage will increase. Interpretive Signage Interpretive signs were installed at this site as a way inform and educate the residents about wetlands and buffers. The signs were installed within the passive recreation trail along the mitigation areas with the intent to help residents feel invested in the environment in which they live. Photo point pictures of the interpretive signs have been include to illustrate their upkeep and maintenance (Figure 8). D. FIGURES The following figures are attached to assist the City in locating the multifamily housing development, to identify the mitigation areas on the property, and to show the locations of the permanent vegetation transects and photo -points. Figure 1: Vicinity Map & Directions Figure 2: Vegetation Transect & Photo Point Locations Figure 3: Vegetation Photo Point 1 Figure 4: Vegetation Photo Points 2 Figure 5: Vegetation Photo Points 3 & 4 Figure 6: Vegetation Photo Points 5 & 6 Figure 7: Vegetation Photo Point 7 Figure 8: Interpretive Signage E. CONCLUSIONS The spring and fall 2016 performance monitoring for the wetland buffer areas at Kitts Corner Multifamily development was conducted to evaluate site conditions since the baseline assessment, to record the health and growth of the vegetation, and to evaluate wildlife usage of the site. The vegetation present in the mitigation areas is healthy and expected to grow and become established at the conclusion of the monitoring period. Twenty-four (24) desirable tree and shrub species were identified within the buffer areas as well as 126.3% survival, meeting the November 28, 2016 Copyright© Talasaea Consultants, Inc., 2016 1422M Fall 2016 Performance Monitoring Report-2 Page 6 Performance Monitoring Report Kitts Corner Multifamily Year 1 requirements outlined in Performance Standard Al. Stem density was averaged for the site at 0.08 with woody coverage measured at 19.3%, meeting Performance Standard A2 and well on its way to meeting the required 35% coverage by year 4. Routine maintenance is scheduled to occur on a regular basis in order to control and eradicate non-native species at levels below 15% and currently levels of invasive species are measured at 1.6%, as required by Performance Standard A3. Overall, the mitigation wetland buffer areas are healthy and the mitigation site is meeting performance standards outlined by the City. The site is providing increased species diversity which will attract a greater variety of wildlife, and the wetland buffer mitigation areas are provide an extension of usable habitat for wildlife species. Over time, productive colonization as we are seeing already by desirable native species will continue to improve habitat quality and native vegetation density. Rainwater runoff from select buildings are dispersed into the wetland buffers via dispersion trenches, providing additional hydrology to the wetlands. The two soft - surface trails, viewpoints and interpretive signage provide an opportunity for passive recreation and environmental education (Figure 8). The mitigation wetland buffer areas are likely providing improved water quality to the network of adjacent wetlands and streams, including West Hylebos Wetlands Park and West Hylebos Creek. J November 28, 2016 Copyright © Talasaea Consultants, Inc., 2016 1422M Fall 2016 Performance Monitoring Report-2 Page 7 'seror� pr';Id_ SW 320Th Sr S 3201h St _ 3 s' m r � — � p PROJECT 51 TE 1 I e.1gl IYi? 3 t_ ty` 1=7A 15r'k. o F edesal 11 eu � Way ? ihrary n tI?Id ti t_- Cedeota!;on Park Fede-,f Wall, lurra7 �wl'v-1 C- 'DP"t 31 S 320Rh St S 320th S sw c P'�� h cn SW fSfrtf E Q`r ro (;ocdienho ^A•:, rn 4VTImar _ ice! I'",rfT1 yC' Ie Fore l n Ele7le:nta^d Schcr•t,l S 348th St _ 7 7lprl:J VIF.sp� ■ I MA6E SOURCE: 6006LE MAPS, WWW.MAPS.6006LE.GOM (AGGESSED I Q DEG 2015) DRIVING 0IRE6TI(-?N5: 1) FROM SEATTLE TAKE INTERSTATE 5 SOUTH TOWARD FEDERAL WAY 2) TAKE EXIT 143 AND CONTINUE R16HT ONTO 5 520TH STREET 5) TURN LEFT ONTO PAGIFIG HWY; WA-GG 5 a 4) TURN R16HT ONTO S 336TH STREET (9) ARRIVE AT DESTINATION ON LEFT ti J ADDRESS: 1201 5 336TH STREET r FEDERAL WAY, WA G8003 F16URE # 1 TALASAEA CONSULTANTS, INC. VICINITY MAP DIRECTIONS Resource & Environmental Planning KITTS CORNER MULTIFAMILY 15020 Bear Creck Road Northeast FEDERAL WAY, WA5HINOTON Woodinville, Washington 90077 Bus (425)661-7550 — Faz (d25)661-75.19 NORTH IF a L7 DESIGN DRAWN PROJECT o AO ADS 1422M SCALE NT5 DATE I 12-IG-2013 1 i REVISED 2-22-2016 (C) Copyright — Talasaea Consultants, INC. 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DATE Resource & Environmental Planning YEAR I PERFORMANCE MONITORING REPPORT DATE 15020 Bear Creek Road Northeast KITTS CORNER II-2-201C� Woodinville, Washington 98077 REVISED Bus (425)861-7550 — Fax (425)861-7549 FEDERAL WAY, HA5HINGTON 0 Copyright — Talasaea Consultants, INC. 1� n - := _ :ocIva PHOTO POINT 5 - JUNE I q, 2016 FROM MULCH TRAIL, LOOKING SOUTH WEST TOWARDS BUFFER ENHANCEMENT AND WETLAND I 1 PHOTO POINT 5 - 5EPTEME3ER 15, 2016 FROM MULGH TRAIL, LOOKING SOUTH WI�I EST TOARD5 BUFFER ENHANGEMENT AND WETLAND I NOTE: SEE FIGURE 2 FOR VEGETATION PHOTO POINT LOGATIONS. PHOTO POINT 4 - JUNE 11, 2016 FROM THE ACCESS GATE, LOOKING EAST TOWARD BUFFER ENHANCEMENT AREA C PHOTO POINT 4 - JUNE 101, 2016 FROM THE ACCESS GATE, LOOKING EAST TOWARD BUFFER ENHANCEMENT AREA C r TALASAEA CONSULTANTS, INC. Resource & Environmental Planning 15020 Bcar Creek Road NorLheasl Woodinville, Washington 98077 Bus (425)861-7550 — Fax (425)861-7549 DRAWN I PROJECT FIGURE 5 KN L422M VEGETATION PHOTO POINTS 3 S 4 SCALE YEAR I PERFORMANCE MONITORING REPORT fREVISED KITTS CORNER 016 FEDERAL WAY, NASHINGTON [C] CopyrighL — Talasaea Consultants, IS'C. w pt Z t:ti. kip 8 J rc v - I , I , , . . moral , , , I , . • 7f A a b_ •l:+d}T' a ry�'. �• ' �V � 'r jJ - Y�,. ? �� �f` _ 1 .:Y . �r• . ' .• -• f T� � _ •�. - . 1.-• ;,�� •_►�, � �. ' PHOTO POINT ✓ - SEPTEME3ER 15, 2016 FROM ENTRY GATE, LOOKING NORTH TOWARDS BUFFER ENHANCEMENT AREA D NOTE: SEE FIGURE 2 FOR VEGETATION PHOTO POINT LOCATIONS. PHOTO POINT 6 - 5EPTEMBER 15, 2016 FROM ENTRY GATE, LOOKING NORTH TOWARDS BUFFER ENHANGEMENT AREA D `/ Uopyrignt — iaiasaea k-Ull`UlLdll—, .iv.,. PHOTO POINT -7 — JUNE I q, 2016 FROM MULCH TRAIL, LOOKING NORTH EAST TOWARDS BUFFER ENHANCEMENT AREA B PHOTO POINT -7 — SEPTEMBER 15, 2016 FROM MULCH TRAIL, LOOKING NORTH EAST TOWARDS BUFFER ENHANCEMENT AREA B NOTE: SEE FIGURE 2 FOR VEGETATION PHOTO POINT LOCATIONS. FIGURE 7 DRAWN PROJECT KN 1422M TALASAEA VEGETATION PHOTO POINT -7 SCALE CONSULTANTS, INC. NTS Resource &Environmental Planning YEAR I PEREORMANGE MONITORING REPORT DATE I 15020 Bear Creek Road Northeast KITTS CORNER II-2-2016 Woodinville, Washington 98077 REVISED Bus (425)861-7550 — Fax (425)861-7549 FEDERAL NAl-, NASHINOTON bL 3 b 0 m q 0 a 0 0 0 A a 0 t sn d Ct n 0 7 0 t �1 C a F a 0 0 z d Q © Copyright - Talasaea Consultants, INC. l Forested BulYer•$; yyr � ,,.,,, •_ "d ❑NAceMon wVyh bantetlis •.. ^ __ _o" ■~� � �' MN�ti rt `ter '��� •• w.h� .�r�N..�� r`�M�"+ �F .. . ��rr'rr y wrwww• �. .�w.rn.. �r.— .... .. ill •�•, s � ���,�.� •. "FORESTED BUFFERS: WETLAND PROTEOT I ON W I TH E3ENEE I TS" WhAt's so floou �ha1,r ..rr.,�/ there's na such thing as ... Vm01X .. •ter �`;=.. .. ---.—r �:�.: .'�.:.rr� -.�rr� ME�W �y 4M e.a a W rsr ya� •ems. 'pry✓. RM� f ter' wJrk na.- M `. • - /r "THERE'S NO SUCH THINS AS DEAD WOOD" "WHAT'S SO GOOD AE30UT COTTONWOODS?" I ho Importance • �.�.'wi.. �.. ...,� � ■ wow— _ . je4d- 1. "THE IMPORTANCE OF 1NETLANDS" FIGURE 8 DRAWN PROJECT KN 1422M T ALA S A E A INTERPRETIVE 516NAGE SCALE CONSULTANTS, INC. NT5 Resource & Environmental Planning YEAR I PERFORMANCE MONITORING REPORT DATE 15020 Bear Creek Road Northeas] KITTS CORNER 11-2-2016 45 Woodinville, Washington �JB077 Bus (425)861-7550 — Fax (425)861-7549 FEDERAL WAY, WASHINOTON REVISED �:C CopyrighL — Talasaea Consultants, INC- 'r TALASAEA CONSULTANTS, INC. TO: Jim Harris OF: Planner, City of Federal Way Federal Way City Hall 3325 8th Ave S Federal Way, WA 98003 TRANSMITTING THE FOLLOWING- letter duplicate copies X report originals specifications proposal other DESCRIPTION OF MATERIALS: Auv L 7 ZU, LETTER OF TRANSMITTAL FROM: Kristen Numata PROJECT: Kitts Corner Multifamily TAL-1422M SUBJECT: Year 2 Performance Monitoring Rpt DATE: 11 /17/2017 FOR: review & comment information X approval use & files as requested action noted X submittal Attached is the Wetland Buffer Mitigation Plan — Fall 2017 Performance Monitoring Report Year 2 for the mitigation areas associated with the Kitts Corner Multifamily (City Project No. 13- 104418-00-UP & 23-104419-SE). Please review and let me know if you have any questions or comments. Thank you, Kristen Numata Ecologist Sent via: Mail x Courier Other cc: X File X Mr. Tom Neubauer, tom.neubauer@heartland.wa.com Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98072 • Bus: (425) 861-7550 • Fax: (425) 861-7549 • Email: ewarren@talasaea com WETLAND BUFFER MITIGATION PLAN 2017 PERFORMANCE MONITORING REPORT - YEAR 2 KITTS CORNER MULTIFAMILY CITY OF FEDERAL WAY PROJECT NO. 13-104418-00-UP & 23-104419-SE FEDERAL WAY, WASHINGTON Prepared For. KITTS CORNER MULTIFAMILY c/o DevCo, Inc. 10900 NE 8th Street, Suite 1200 Bellevue, Washington 98004 Prepared By., TALASAEA CONSULTANTS, INC 15020 Bear Creek Road NE. Woodinville, Washington 98077 (425) 861-7550 14 November 2017 Kitts Corner Multifamily 2017 Performance Monitoring Report — Year 2 TABLE OF CONTENTS 1.0 PROJECT OVERVIEW.....................................................................................................................3 1.1. PROJECT SUMMARY ...................................... ........................................................................ 3 1.2, SITE LOCATION................................................................................................................................. 3 1.3. PROJECT TIMEFRAME.............................:.............:..........................................................................3 1.4. PERFORMANCE SUMMARY.....................................,..........,.........,....................................................4 1.5. MAINTENANCE SUMMARY ................................... ................................................................... -- ........ 4 2.0 MITIGATION REQUIREMENTS.......................................................................................................4 2.1. PERFORMANCE OBJECTIVES ..................... ---- ............ -.................................................. ............ 4 2.2. METHODOLOGY ............................................. -........... ................................................ ................. I .... 5 2.2.1. Vegetation Sampling .................................... :.....:...,........................... ........... ........................ 5 2.2.2. Photo Points.......................................------..........:.................................................. ............ 5 2.2.3. Vegetation Sampling Data.............................................................................----................... 5 3.0 SUMMARY DATA.............................................................................................................................6 3.1. PERFORMANCE STANDARD Al: SPECIES DIVERSITY & WOODY SURVIVAL ......................................... 6 3.2. PERFORMANCE STANDARD A2: STEM DENSITY & WOODY COVERAGE .............................................. 7 3.3. PERFORMANCE STANDARD A3: INVASIVE SPECIES...........................................................................7 4.0 CONCLUSIONS................................................................................................................................7 Figures Figure 1: Vicinity Map & Directions Figure 2: Vegetation Transect & Photo Point Locations Figure 3: Year 2 Photo Point 1 Figure 4: Year 2 Photo Point 2 Figure 5: Year 2 Photo Point 3 Figure 6: Year 2 Photo Point 4 Figure 7: Year 2 Photo Point 5 & 6 Figure 8: Year 2 Photo Point 7 Figure 9: Interpretive Signage List of Tables Table 1: Baseline Assessment Vegetation Transect Data (February 26, 2016) .........................5 Table 2: Spring 2017 Vegetation Transect Data — Year 1(June 15, 2017).................................. 6 Table 3: Fall 2017 Vegetation Transect Data — Year 1 (October 17, 2017)............................. 6 Table 4: Catalog of Native Vegetation in Mitigation Areas (October 17, 2017)........................6 November 14, 2017 Copyright ® Talasaea Consultants, Inc., 2017 1422M Year 2 2017 Performance Monitoring Report.docx Page 2 Kitts Corner Multifamily 1.0 PROJECT OVERVIEW 2017 Performance Monitoring Report — Year 2 CITY OF FEDERAL WAY PERMIT NO. 113-104418-00-UP & 23-104419-SE Permittee: DevCo, Inc. 10900 NE 8th Street, Suite 1200 Bellevue, Washington 98004 Contact: Mr. Tom Neubauer tom.neubauer@heartlandwa.com Consultant: Talasaea Consultants, Inc. 15020 Bear Creek Road NE Woodinville, Washington 98077 (425) 861-7550 Contact: Ann Olsen, Senior Project Manager aolsen@talasaea.com Kristen Numata, Ecologist knumata@talasaea.com Field Survey: Conducted on June 15 and October 17, 2017 by Kristen Numata 1.1. PROJECT SUMMARY The purpose of the approved mitigation plan was to 1) provide passive recreation in the buffers for Wetlands 1 and 2 consistent with City guidelines, 2) restore wetland buffer areas disturbed from temporary construction impacts, and 3) enhance degraded buffer areas. To accomplish these goals, the mitigation included the following: Passive recreation opportunities within the wetland buffer through construction of two soft -surface pedestrian trails with viewpoints, benches, and four interpretive signs; • Restoration of the functions and values of the wetland buffer lost due to temporary impacts from site construction by restoring approximately 6,919 sf of buffer area; and Enhancement of 31,214 sf of degraded buffer areas. 1.2. SITE LOCATION The subject property is located at 1173 S 3361h St, Federal Way as shown on Figure 1. The mitigation areas are located on both the west and east property lines and are identifiable by either a 2-rail fence or black vinyl coated chain -link fence. Critical Area Protection Area signs are posted along the buffer boundaries. Driving directions to the project site are located on Figure 1. 1.3. PROJECT TIMEFRAME Construction of the mitigation areas was completed in January 2016 and monitoring is required by the City of Federal Way for five years (2020). A baseline assessment was conducted on February 25, 2016 to document baseline conditions at Year 0. Routine performance monitoring began in spring 2016 according to the approved monitoring schedule. Maintenance reviews are conducted in the spring and fall of each year to address any maintenance concerns and a maintenance memo is sent to the landscaping contractor detailing maintenance items to be completed. Annual performance monitoring reports will be prepared in the fall and includes data from the performance monitoring events. This fall concludes Year 2 of the monitoring period. November 14, 2017 Copyright ® Talasaea Consultants, Inc., 2017 1422M Year 2 2017 Performance Monitoring Report.docx Page 3 Kitts Corner Multifamilv 1.4. PERFORMANCE SUMMARY 2017 Performance Monitoring Report —Year 2 To evaluate performance standards for the project, future monitoring will be compared to the baseline conditions documented on February 25, 2016. The installed vegetation within the mitigation areas appears healthy and continues to show new growth. All performance standards are being met at this time. 1.5. MAINTENANCE SUMMARY During the spring and fall performance monitoring events, the mitigation areas were observed to be well used by residents and wildlife. Maintenance items that were completed this year included: • Himalayan blackberry (Rubus armeniacus), thistle (Cirsium spp.), and poison hemlock (Conium maculatum) were removed. • Bedstraw (Galium spp.) and evergreen bugloss (Pentalottis sempervirens) were bagged and removed. 2.0 MITIGATION REQUIREMENTS The mitigation areas are being measured for success according to the requirements outlined in the approved Wetland Buffer Mitigation Plan by Talasaea Consultants, dated July 9, 2014. The following performance standards were accepted by the City of Federal Way. 2.1. PERFORMANCE OBJECTIVES Performance Standard A 1: At least 15 species of desirable native plants will be present in the buffer restoration and enhancement areas during the monitoring period. Percent survival of planted woody species must be at least 100% at the end of Year 1 (per contractor warranty), J and at least 80% for each subsequent year of the monitoring period. Performance Standard A2 buffer restoration areas OW . Native woody species (planted or volunteer) in the restored buffer areas shall achieve an average stem density of at least 0.03 4 stems per square foot by the end of Year 1 and an average stem density of at least 0.04 stems per square foot by the end of Year 3. Total percent aerial woody plant coverage in the restored buffer areas must be at least 35% by Year 4 and 50% by Year 5. Woody coverage may be comprised of both planted and recolonized native species; however, to maintain species J diversity, at no time shall a single recolonized species (i.e., red alder) comprise more than 35 % of the total woody coverage. There must be at least three native species providing at least 20% cover each, or four native species providing at least 15% cover each, or five native species " providing at least 10% cover each of the total aerial woody plant coverage. "Note: The coverage performance standard is not applicable to existing vegetated buffer enhancement areas because these areas already have 100% aerial coverage of woody plant species. Performance Standard A3: Invasive/non-native weedy species shall be less than 15 percent of total areal coverage for any year during the monitoring period within the buffer restoration and enhancement areas. These species include, but are not limited to, Scot's broom, Himalayan and evergreen blackberry, reed canarygrass, purple loosestrife, hedge bindweed, knotweed sp., and creeping nightshade. Additional species requiring control may be designated by the City or by Talasaea Consultants during the monitoring period. November 14, 2017 1422M Year 2 2017 Performance Monitoring Report.docx Copyright ® Talasaea Consultants, Inc., 2017 Page 4 Kitts Corner Multifamily 2.2. METHODOLOGY 2.2.1. Vegetation Sampling 2017 Performance Monitoring Report —Year 2 Three permanent vegetation sampling transects (VSTs) were established during the baseline assessment and evaluated for woody plant survival, stem density (Years 1-3), percent aerial cover (Years 4-5), and percent invasive vegetation. The VSTs measure between 55 and 100 feet in length and are 10 feet wide. Percent survival of trees and shrubs will be evaluated by performing a plant count of native desirable species colonizing the VST sampling areas and expressing it as a percentage of the baseline plant count. Cover by herbaceous vegetation is visually estimated within each sample area. In Years 4 and 5, percent aerial cover of trees and shrubs (woody cover) will also be evaluated along each VST using the line -intercept sampling. Using line -intercept methodology, a measuring tape is extended between two permanent markers_ Shrubs and trees intercepted by the tape are identified and the intercept distance is recorded. Percent woody cover is calculated by totaling the intercept distances and expressing the total intercept distance as a proportion of the tape (VST) length. Native, desirable, colonizing species will be included are included in the survival count, stem density, woody cover, and herbaceous cover calculations. 2.2.2. Photo Points A series of photographs representing panoramic views of the mitigation areas were established during the baseline assessment at seven (7) locations. The locations of the monitoring photo -points are shown on Figure 2. These photographs document general condition throughout the site as well as provide a qualitative representation of the performance of the mitigation areas. The panoramic photos are presented as Figures 3-8. Photos of interpretive signage are included on Figure 9. 2.2.3. Vegetation Sampling Data The following tables presents the data collected during the baseline assessment (Table 1) and both the spring and fall monitoring events (Tables 2 and 3). Table 1 • Baseline Assessment Data — Year 0 (February 25, 2016 Transect # VST-1 Percent Stem Density Survival 100 0.09 Percent Woody Cover** 3.0 Percent Invasive Cover 0.0 0.0 0.0 Percent Herbaceous Cover 0.0 0.0 0.0 VST-2 100 0.08 2.0 VST-3____f 100 0.06 4.0 Avera a 1 100% 0.08 3.0% 0.0% 0.0% Required* 100% Year 1 80% Years 2-5 0.03 Year 1 0.04 Year 3 35% Year 4 50% Year 5 <15% NA *Success criteria as required by the City of Federal Way ** Woody cover is not required until Year 4. November 14, 2017 Copyright ® Talasaea Consultants, Inc., 2017 1422M Year 2 2017 Performance Monitoring Report.docx Page 5 Kitts Corner Multifamily 2017 Performance Monitoring Report — Year 2 Table 2: S rip 2017 Ve etation Transect Data — Year 2 (June 15, 2017) Transect # Percent Stem Density Percent Woody Cover*_" Percent ` Invasive Cover Percent Herbaceous Cover — Survival 0 5 VST-1 92.8 0.069 24.8 3 10 VST-2 158.1 0.105 36.2 1 0 VST-3 193.3 0.116 148.1 % 0.09 stemslsf 40.1 ° 33.7 k 1.3% 5% Avera a Required* 100% Year 1 0.03 Year 1 35% Year 4 <15% Not Required 80% Years 2-5 0.04 Year 3 60% Year 5 — "Success criteria as required by the City of Federal Way ** Woody cover is not required until Year 4. 7 Ve etation Transect Data TARequired*1000/6 — Year 2 (October 17, 2017) Percent Stem Density Percent Woody Cover** Percent Invasive Cover Percent Herbaceous Cover Survival 0 0 117.9 0.088 25.1 0 0 183.7 0.121 49A 0 0 151.7 0.091 0•1% 44.5 39.7% 0% 151.3% 100% Year 1 0.03 Year 1 ° 35 /o Year4 <05% Not Re wired q0% Years 2-5 0.04 Year 3 50% Year 5 *Success criteria as required by the City of Federal Way ** Woody cover is not required until Year 4. 3.0 SUMMARY DATA Talasaea Consultants conducted spring performance monitoring on June 15, 2017 and fall performance monitoring on October 17, 2017 for the Kitts Corner Multifamily housing complex mitigation areas. The following is a summary of our findings. 3.1. PERFORMANCE STANDARD Al: SPECIES DIVERSITY & WOODY SURVIVAL A variety of trees, shrubs, groundcover species were chosen to increase structural and species diversity of the wetland buffers. A total of 26 desirable native plant species were cataloged in the buffer areas which satisfies Performance Standard Al (Table 4). J j J J13 Table 4: CatrAcer 727 4 5 6 7 f Native Vegetation in Miti ation ific name ircinatum acrophyllum Alnus rubra Amelanchier alnifolia Betula papyrifera Corpus alba Corpus nuttallii Crataegus douglasii Frangula purshiana Gaultheria shallon Holodiscus discolor Mahonia aquifolium Oemleria cerasiformis Polystichum munitum Areas October 17, 2017 Common name — Vine maple Big -leaf maple _ Red alder 5erviceberry Paper birch Red -osier dogwood Pacific Dogwood Black hawthorn Cascara Salal Oceanspray Tall Oregongrape Indian plums Sword fern 8 9 10 11 12 14 November 14, 2017 Copyright ® Talasaea Consultants, Inc., 2017 Page 6 1422M Year 2 2017 Performance Monitoring Report.docx Kitts Corner Multifamily 2017 Performance Monitoring Report —Year 2 Woody survival across the site was calculated at 148.1 % and 151.3% during the spring and fall performance monitoring events, respectively. This satisfies the woody survival requirement described in Performance Standard Al. 3.2. PERFORMANCE STANDARD A2: STEM DENSITY & WOODY COVERAGE Installed vegetation in the mitigation areas are healthy and continue to spread through natural propagation. Stem density has increased from 0.86 stems per square foot (sf) at the end of Year 1 to 0.1 stems per sf at the end of Year 2. This exceeds the 0.04 stems per sf by Year 3 required by Performance Standard A2. Because the current stem density count is over twice what is required in Year 3, we will likely cease reporting stem density and only provide calculations for woody coverage. During Year 2, woody coverage increased from 33.7% in the spring to 39.7% in the fall. The site is currently meeting Year 4 standards for woody coverage (35%) as outlined in Performance Standard A2. 3.3. PERFORMANCE STANDARD A3: INVASIVE SPECIES At the time of the fall monitoring event, maintenance had recently been completed and percent invasivelnon-native cover was estimated at 0%, satisfying Performance Standard A3. Invasive and non-native species coverage has been maintained under 15% for the duration of Year 2. 4.0 CONCLUSIONS The spring and fall 2017 performance monitoring for the wetland buffer areas at Kitts Corner Multifamily development was conducted to evaluate site conditions, to record the health and growth of the vegetation, and to evaluate wildlife usage of the site. The buffer areas were observed to be mulched and stable with no signs of erosion or rilling. The rock -lined swale was stable and no over -bank scour was observed. One snag and numerous down logs and stumps were placed in the buffer mitigation areas to provide habitat features for wildlife. A bird -nesting box was attached to the snag to initially augment the natural habitat for swallow species. Birds, mammals, reptiles, amphibians, and invertebrates observed in the wetland buffer areas (either by direct or indirect means) identified and recorded during this and previous site visits includes: Anna's hummingbird, American robin, dark -eyed junco, red-tailed hawk, a pair of mallards, butterfly, and several dragonfly species. As vegetation grows and matures, we expect wildlife species usage will increase. November 14, 2017 Copyright ® Talasaea Consultants, Inc., 2017 Page 7 1422M Year 2 2017 Performance Monitoring Report.docx Kitts Corner Multifamily 2017 Performance Monitoring Report —Year 2 Interpretive signs were installed at this site as a way to inform and educate the residents about wetlands and buffers. The signs were installed within the passive recreation trail along the mitigation areas with the intent to help residents feel invested in the environment in which they live. Photos of the interpretive signs have been include to illustrate their upkeep and maintenance (Figure 9). The mitigation areas are healthy and are expected to exceed all required performance standards by the end of the monitoring period. Twenty-six (26) desirable tree and shrub species were identified within the buffer areas as well as 151.3% survival during the fall monitoring event, meeting the requirements outlined in Performance Standard Al. Stem density was averaged at 0.1 stems per sf with woody coverage measured at 39.7%, meeting Year 4 standards described in Performance Standard A2. Routine maintenance is scheduled to occur biannually to control and eradicate invasive and non-native species below 15% cover. Percent cover during the fall monitoring event was calculated at 0% due to recent maintenance efforts, meeting Performance Standard A3. The mitigation areas are starting to show signs of both increased species and structural diversity, which will provide additional habitat for wildlife in an urban setting. Rainwater runoff from select buildings are dispersed into the wetland buffers via dispersion trenches, providing additional hydrology to the wetlands. The two soft -surface trails, viewpoints and interpretive signage provide an opportunity for passive recreation and environmental education (Figure 9). The mitigation wetland buffer areas are likely providing improved water quality to the network of adjacent wetlands and streams, including West Hylebos Wetlands Park and West Hylebos Creek. J J u id U 1 November 14, 2017 �j 1422M Year 2 2017 Performance Monitoring Report.docx Copyright ® Talasaea Consultants, Inc., 2017 Page 8 ric ld� Federal Way library SW 320th Sr S 320(h St S 320th S( =3 320th 5 ) p ro r { Nol 94 � 1 PROJECT SITE Ce�Parkl°'' Park � ; Federal W 1 City Hall Federal � Way Human cat Dept qAA h St SIC w 7 to g 2� Ili SW Gle9 E 11 Gordienko Md Walmarr Panther Lake Isnarmac 1B est Elementary Fchool y J S 348th St r tE World Vision ■ IMAGE SOURCE: COOCLE MAPS, HHN.MAPS.6006LE.GOM (AGGESSED IG DEC, 2015) DRIVING D 1 REGT I ON5: 1) FROM SEATTLE TAKE INTERSTATE 5 SOUTH TOWARD FEDERAL WAY b 2) TAKE EXIT 145 AND CONTINUE RIGHT ONTO S 320TH STREET 3) TURN LEFT ONTO PAG I F I G HHY; HA-GG S 4) TURN R16HT ONTO S 336TH STREET J(9) ARRIVE AT DESTINATION ON LEFT ADDRESS: 1201 S 336TH STREET .; FEDERAL WAY, HA c10003 I o _l NORTH r l J M1 .1 d F l J DESIGN DRAWN PROJECT � FIGURE # I dap I ABS 1422M LASAEA SCALE ULTANTS, INC. VICINITY MAP DIRECTIONS NTS DATE I vironmental Planning L(42215)861-75510 KITTS GORNER MULTIFAMILY ek Road Norlheasl FEDERAL WAY, HASHIN6TON 12-1a-2015 1l ashington 90077 50 — Fax (425)861-7549 REVISER 2-22-2016 N © Copyright — Talasaea Consultants, INC. i 5-P'dd .LSA d.N ZEH 61'IVi UOt 1-001 1-r-' Ir'� li. \ ►/ � _ _ �[# ,III i 1 �� �� _-� ��••••'�•����'."'}^_:-?�:;�.. ,••-�{}'yam i ?=��__�!- --�� �� r �i GMa(uoz) s3arlgid iNiadvirn+� �viwo�SH aoiEnorr ee>�7ai�bari oo�n ui�rvao r E U y N a � z O z O 7 z W O v z z O d U- LU z z Q 0. 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Woodinville, Washington 98077 (425) 861-7550 J IJ ij 15 November 2018 Ij Kitts Corner Multifamily 2018 Performance Monitoring Report —Year 3 TABLE OF CONTENTS 1.0 PROJECT OVERVIEW.....................................................................................................................1 1.1. PROJECT SUMMARY........................................................................................................................ 1 1.2. SITE LOCATION.............................................................. :..................................................... ............ 1 1.3. PROJECT TIMEFRAME.........................................................................................-... ,.. ....................... 1 1.4. PERFORMANCE SUMMARY ...................................................... - .. .............. .................. ... — 1 1.5. MAINTENANCE SUMMARY ....................................... ................................................................. 2 2.0 MITIGATION REQUIREMENTS.......................................................................................................2 2.1. PERFORMANCE OBJECTIVES............................................................................................................. 2 2.2. METHODOLOGY..........................................._...................................................................................2 2.2.1. Vegetation Sampling.......................................................................... .. .......................... 2 2.2.2. Photo Points ....... ....................................... ......................... ... ...................................... 3 2.2.3. Vegetation Sampling Data..... ........................... .-.......................................--.............. 3 3.0 SUMMARY DATA.............................................................................................................................4 3.1. PERFORMANCE STANDARD Al: SPECIES DIVERSITY & WOODY SURVIVAL.........................................4 3.2. PERFORMANCE STANDARD A2: STEM DENSITY & WOODY COVERAGE .............................................. 4 3.3. PERFORMANCE STANDARDA3: INVASIVE SPECIES ........... ...................... ...................... .................. .. 5 4.0 CONCLUSIONS................................................................................................................................5 Figures Figure 1: Vicinity Map & Directions Figure 2: Vegetation Transect & Photo Point Locations Figure 3: Year 3 Photo Point 1 & 2 Figure 4: Year 3 Photo Point 3 & 4 Figure 5: Year 3 Photo Point 5 & 6 Figure 6: Year 3 Photo Point 7 Figure 7: Interpretive Signage List of Tables Table 1: Baseline Assessment Vegetation Transect Data (February 26, 2016) .........................3 Table 2: Fall 2018 Vegetation Transect Data — Year 3 (October 30, 2018)............................. 3 Table 3: Catalog of Native Vegetation in Mitigation Areas (October 30, 2018)..... . .................. 4 15 November 2018 Copyright ® Talasaea Consultants, Inc., 2018 1422M Kitts Year 3 2018 Performance Monitoring Report Page i Kitts Corner Multifamily _ 1.0 PROJECT OVERVIEW 2018 Performance Monitoring Report —Year 3 CITY OF FEDERAL WAY PERMIT NO. 113-104418-00-UP & 23-104419-SE Permittee: DevCo, Inc. 10900 NE 8th Street, Suite 1200 Bellevue, Washington 98004 Contact: Mr. Tom Neubauer tom.neubauer@heartlandwa.com Consultant: Talasaea Consultants, Inc. 15020 Bear Creek Road NE Woodinville, Washington 98077 (425) 861-7550 Contact: Ann Olsen, Senior Project Manager aolsen@talasaea.com Aaron Ellig, Ecologist aellig@talasaea.com Field Survey: Conducted on October 30, 2018 by Aaron Ellig 1.1. PROJECT SUMMARY The purpose of the approved mitigation plan was to 1) provide passive recreation in the buffers for Wetlands 1 and 2 consistent with City guidelines, 2) restore wetland buffer areas disturbed from temporary construction impacts, and 3) enhance degraded buffer areas. To accomplish these goals, the mitigation included the following: Passive recreation opportunities within the wetland buffer through construction of two soft -surface pedestrian trails with viewpoints, benches, and four interpretive signs; Restoration of the functions and values of the wetland buffer lost due to temporary impacts from site construction by restoring approximately 6,919 sf of buffer area; and Enhancement of 31,214 sf of degraded buffer areas. 1.2. SITE LOCATION The subject property is located at 1173 S 336`h St, Federal Way as shown on Figure 1. The mitigation areas are located on both the west and east property lines and are identifiable by either a 2-rail fence or black vinyl coated chain -link fence. Critical Area Protection Area signs _, are posted along the buffer boundaries. Driving directions to the project site are located on Figure 1. 1.3. PROJECT TIMEFRAME { Construction of the mitigation areas was completed in January 2016 and monitoring is required by the City of Federal Way for five years (2020). A baseline assessment was conducted on February 25, 2016 to document baseline conditions at Year 0. Routine performance monitoring began in spring 2016 according to the approved monitoring schedule. Maintenance reviews are conducted in the spring and fall of each year to address any maintenance concerns and a 1 maintenance memo is sent to the landscaping contractor detailing maintenance items to be 1 completed. Annual performance monitoring reports will be prepared in the fall and includes data from the performance monitoring events. This fall concludes Year 3 of the monitoring period. 1.4. PERFORMANCE SUMMARY To evaluate performance standards for the project, future monitoring will be compared to the baseline conditions documented on February 25, 2016. The installed vegetation within the 15 November 2018 Copyright ® Talasaea Consultants, Inc., 2018 Page 1 1422M Kitts Year 3 2018 Performance Monitoring Report Kitts Corner Multifamily 2018 Performance Monitoring Report —Year 3 mitigation areas appears healthy and continues to show new growth. All performance standards are being met at this time. 1.5. MAINTENANCE SUMMARY During the spring and fall performance monitoring events, the trails and overlook in the mitigation areas were observed to be well used by residents and wildlife. Maintenance items that were completed this year included: • Himalayan blackberry (Rubus arrneniacus), thistle (Cirsium spp.), and poison hemlock (Conium maculatum) were removed. • Bedstraw (Galium spp.) and evergreen bugloss (Pentalottis sempervirens) were bagged and removed. • All garbage on site was removed. 2.0 MITIGATION REQUIREMENTS The mitigation areas are being measured for success according to the requirements outlined in the approved Wetland Buffer Mitigation Plan by Talasaea Consultants, dated July 9, 2014. The following performance standards were accepted by the City of Federal Way. 2.1. PERFORMANCE OBJECTIVES Performance Standard AI: At least 15 species of desirable native plants will be present in the buffer restoration and enhancement areas during the monitoring period. Percent survival of planted woody species must be at least 100% at the end of Year 1 (per contractor warranty), and at least 80% for each subsequent year of the monitoring period. Performance Standard A2 Lbuffer restoration areas onl . Native woody species (planted or volunteer) in the restored buffer areas shall achieve an average stem density of at least 0.03 stems per square foot by the end of Year 1 and an average stem density of at least 0.04 stems per square foot by the end of Year 3. Total percent aerial woody plant coverage in the restored buffer areas must be at least 35% by Year 4 and 50% by Year 5. Woody coverage may be comprised of both planted and recolonized native species; however, to maintain species diversity, at no time shall a single recolonized species (i.e., red alder) comprise more than 35% of the total woody coverage. There must be at least three native species providing at least 20 % cover each, or four native species providing at least 15% cover each, or five native species providing at least 10% cover each of the total aerial woody plant coverage. "Note: The coverage performance standard is not applicable to existing vegetated buffer enhancement areas because these areas already have 100% aerial coverage of woody plant species. Performance Standard A3: Invasivelnon-native weedy species shall be less than 15 percent of total areal coverage for any year during the monitoring period within the buffer restoration and enhancement areas. These species include, but are not limited to, Scot's broom, Himalayan and evergreen blackberry, reed canarygrass, purple loosestrife, hedge bindweed, knotweed sp., and creeping nightshade. Additional species requiring control may be designated by the City or by Talasaea Consultants during the monitoring period. 2.2. METHODOLOGY 2.2.1. Vegetation Sampling Three permanent vegetation sampling transects (VSTs) were established during the baseline assessment and evaluated for woody plant survival, stem density (Years 1-3), percent aerial cover (Years 4-5), and percent invasive vegetation. The VSTs measure 15 November 2018 Copyright ® Talasaea Consultants, Inc., 2018 Page 2 1422M Kitts Year 3 2018 Performance Monitoring Report J Kitts Corner Multifamily 2018 Performance Monitoring Report - Year 3 between 55 and 100 feet in length and are 10 feet wide. Percent survival of trees and shrubs will be evaluated by performing a plant count of native desirable species colonizing the VST sampling areas and expressing it as a percentage of the baseline plant count. Cover by herbaceous vegetation is visually estimated within each sample area. In Years 4 and 5, percent aerial cover of trees and shrubs (woody cover) will also be evaluated along each VST using the line -intercept sampling. Using line -intercept methodology, a measuring tape is extended between two permanent markers. Shrubs and trees intercepted by the tape are identified and the intercept distance is recorded. Percent woody cover is calculated by totaling the intercept distances and expressing the total intercept distance as a proportion of the tape (VST) length. Native, desirable, colonizing species will be included are included in the survival count, stem density, woody cover, and herbaceous cover calculations. 2.2.2. Photo Points A series of photographs representing panoramic views of the mitigation areas were established during the baseline assessment at seven (7) locations. The locations of the monitoring photo -points are shown on Figure 2. These photographs document general condition throughout the site as well as provide a qualitative representation of the performance of the mitigation areas. The panoramic photos are presented as Figures 3-6. Photos of interpretive signage are included on Figure 7. 2.2.3. Vegetation Sampling Data The following tables presents the data collected during the baseline assessment (Table 1) and fall monitoring events (Tables 2). Table 1: Baseline Assessment Data - Year 0 (February 25, 201 Transect # Percent Stem Density I Percent Woody j Survival I Cover"" j VST-1 100 0.09 3.0 VST-2 100 0.08 2.0 VST-3 100 0.06 4.0 Avera a 100% 0.08 3.0% Required* 80% Years 2-5 0.04 Year 3 35% Year 4 50% Year 5 Percent Invasive Cover 0.0 0.0 0.0 0.0% <16% *Success criteria as required by the City of Federal Way ** Woody cover is not required until Year 4. Table 2. Fall 2018 Vegetation Transect Data - Year 3 (October 30, 2018) Percent Herbaceous Cover 0.0 0.0 0.0 0.0% NA Transect # Percent Survival Stem Density Percent Woody Cover" Percent Invasive Cover Percent Herbaceous Cover VST-1 153.5 _ 0.114 37.0 0.0 25.0 VST-2 141.8 0.093 49.2 0.0 5.0 VST-3 165.0 0.099 62.5 0.102 49.5% 0.04 Year 3 35% Year 4 50% Year 5 0.0 0.0 Avera a Required* 153.4% 80% Years 2-5 0.0% <15% 10.0% Not Required *Success criteria as required by the City of Federal Way ** Woody cover is not required until Year 4. 15 November 2018 1422M Kitts Year 3 2018 Performance Monitoring Report Copyright ® Talasaea Consultants, Inc., 2018 Page 3 Kitts Corner Multifamily 2018 Performance Monitoring Report — Year 3 3.0 SUMMARY DATA Talasaea Consultants conducted fall performance monitoring on October 30, 2018 for the Kitts Corner Multifamily housing complex mitigation areas. The following is a summary of our findings. 3.1. PERFORMANCE STANDARD Al: SPECIES DIVERSITY & WOODY SURVIVAL A variety of trees, shrubs, groundcover species were chosen to increase structural and species diversity of the wetland buffers. A total of 26 desirable native plant species were cataloged in the buffer areas which satisfies Performance Standard Al (Table 3). Woody survival across the site was calculated at 153.4% during the fall performance monitoring. This satisfies the woody survival requirement described in Performance Standard Al. 3.2. PERFORMANCE STANDARD A2: STEM DENSITY & WOODY COVERAGE Installed vegetation in the mitigation areas are healthy and continue to spread through natural propagation. Stem density has increased from 0.86 stems per square foot (sf) at the end of Year 1 to 0.102 stems per sf at the end of Year 3. This exceeds the 0.04 sterns per sf by Year 3 required by Performance Standard A2. Because the current stem density count is over twice what is required in Year 3, we will likely cease reporting stem density and only provide calculations for woody coverage for the remainder of the monitoring period. 15 November 2018 Copyright* Talasaea Consultants, Inc., 2018 Page 4 1422M Kitts Year 3 2018 Performance Monitoring Report Kitts Corner Multifamily 2018 Performance Monitoring Report —Year 3 Woody coverage has increased to 49.5% in Year 3, exceeding the established standards. The site is nearly meeting Year 5 standards for woody coverage (50%) as outlined in Performance Standard A2. 3.3. PERFORMANCE STANDARD A3: INVASIVE SPECIES At the time of the fall monitoring event, maintenance had recently been completed and percent invasive/non-native cover was estimated at 0%, satisfying Performance Standard A3. Invasive and non-native species coverage has been maintained under 15% for the duration of Year 3. 4.0 CONCLUSIONS The fall 2018 performance monitoring for the wetland buffer areas at Kitts Corner Multifamily development was conducted to evaluate site conditions, to record the health and growth of the vegetation, and to evaluate wildlife usage of the site. The buffer areas were observed to be mulched and stable with no signs of erosion or rilling. The rock -lined swale was stable and no over -bank scour was observed. One snag and numerous down logs and stumps were placed in the buffer mitigation areas to provide habitat features for wildlife. A bird -nesting box was attached to the snag to initially augment the natural habitat for swallow species. Birds, mammals, reptiles, amphibians, and invertebrates observed in the wetland buffer areas (either by direct or indirect means) identified and recorded during this and previous site visits includes: Anna's hummingbird, American robin, dark -eyed junco, red-tailed hawk, a pair of mallards, butterfly, and several dragonfly species. As vegetation grows and matures, we expect wildlife species usage will increase. Four interpretive signs were installed at this site as a way to inform and educate the residents about wetlands and buffers. The signs were installed within the passive recreation trail along the mitigation areas with the intent to help residents feel invested in the environment in which they live. Photos of the interpretive signs have been include to illustrate their upkeep and maintenance (Figure 7). The mitigation areas are healthy and are expected to exceed all required performance standards by the end of the monitoring period. Twenty-six (26) desirable tree and shrub species were identified within the buffer areas as well as 153.4% survival during the fall monitoring event, meeting the requirements outlined in Performance Standard Al. Stem density was averaged at 0.102 stems per sf with woody coverage measured at 49.5%, meeting Year 4 standards described in Performance Standard A2. Routine maintenance is scheduled to occur biannually to control and eradicate invasive and non-native species below 15% cover. Percent cover during the fall monitoring event was calculated at 0% due to recent maintenance efforts, meeting Performance Standard A3. The mitigation areas are starting to show signs of bath increased species and structural diversity, which will provide additional habitat for wildlife in an urban setting. Rainwater runoff from select buildings are dispersed into the wetland buffers via dispersion trenches, providing additional hydrology to the wetlands. The two soft -surface trails, viewpoints and interpretive signage provide an opportunity for passive recreation and environmental education. The mitigation wetland buffer areas are likely providing improved water quality to the network of adjacent wetlands and streams, including West Hylebos Wetlands Park and West Hylebos Creek. 15 November 2018 1422M Kilts Year 3 2018 Performance Monitoring Report Copyright ® Talasaea Consultants, Inc., 2018 Page 5 R'5her s Poaid 1 ederal m SW 324ih $t 5 3201h St Way Library n' 3 ra W N q Field rn `1a PROJECT SITE C6epark on ed eral 51N� City Fall Federal �'pe Way Human YiCk'7 Dept it St SW ( V u, S 320th St S 320th S R Na Fishir Panther LLLf� v r .SW O aleii F Q < Gnrdaenka A4ti cn Walmart I'ertlner LaKe tigl f'tiarrnacy ll�) r_rest UD Elementary School x__ Wy S 348111 St -, i la 4Vurld Visron IMAGE SOURCE: OOOOLE MAPS, WWW.MAPS.(5OOCLE.GOM (AGGESSED III DEG 2013) DRIVING DIRECTIONS: ejo 1) FROM SEATTLE TAKE INTERSTATE 5 SOUTH TOWARD FEDERAL WAY 2) TAKE EXIT 145 AND CONTINUE RIGHT ONTO 5 320TH STREET w 3) TURN LEFT ONTO PAGIFIG HWY; WA—qq S a 4) TURN RIGHT ONTO 5 556TH STREET (9) ARRIVE AT DESTINATION ON LEFT a ADDRESS: 1201 5 356TH STREET FEDERAL WAY, WA g8003 0 NORTH 0 z i a F a. DESIGN DRAWN I PROJECT o FIGURE # I AO AB5 1422M TALASAEA SCALE CONSULTANTS, INC. VIGINITY MAP DIRECTIONS NTS Resource & Environmental Planning KITTS CORNER MULTIFAMILY DATE 15020 Bear (meek Road Noru,easi FEDERAL WAY, WASHINGTON 12—Iq-2015 Woodinville, Washnigron 90077 REVISED Bits (425)861-7550 — Fax (•125)861-7549 2-22-2016 © C'opyrighL — Talasaea ColisulLaiiLs, INC- e.wp-dd—y5A d.N ZdF1=ltll�i°F<v11°�1C 1,F7.1.1'Irsu[u��-wr��:i�iMrnu U � U 0. z �y n� ry A QjW �P \}• Z { 1 O z 1 ' w N _ F O wl LL u HBO -Ull w 1 G m 0 0 0 niao � y cn o w � �L o dod Y moo M m N rp0-4 � d 0 -iz a:M Nr O Dip O >�� 4 y O z � 3 � z D N Gl :z O m z 3 O Z -1 O 70 z ( T- O O z N 1 z O { m 3 ui m A N O N o N �y 3� H Z,�p17 AWING�l400-Ii49�7AL1�22V40NlTtJRIH6�018�TRL-PMDTOf�71HT F16URE5 (2018)-. O O z Z O m 3 01 m N O SE I SE ro N o L I N� 3� H I.1fly7Ai•11H6�1gpQ-1454�TALI427V•'K]NI7URII+�+I�OiB�TAL-P7IOTOPOIN7 FI6URE5 (201H)DW6 SE E ro N o N �y 3� H 2,IPRAWiMfiWiOO-[+L4gITAL.t4221 k7idIT0RJhLi�201 BIThL-PFi[7T0P01ki FIEURE5 (2018)DHO s r O O -o O z z O m 3 01 m 20 N O -TI T-Ti Q=D O M DCA ip O �� 7 D z D o rn z 3 O z O X] Z nl ro IN `dc IN �y 3� 2•V7RlV'llH5V 4G-14i9�TAL1422VHOHI7pRIF1512D18�TA4-PFi07pP01HT FIGURES (20187: j 71 T-n z ai rn m �r �N rn �xm rn 70 U) y O ni 3 z D z rn O rn z 3 O z O 20 z Oi tvzrA t=j M O_ z m "d N o IN �y 3� Z,V7RWUN6V400-1494\TAL14221MANiYpRlN \.2016\TAL-PHOTOPOIHT FIGURES (20W OV46 C, < < ►� 0 L Jim Harris ) L 10 ,0 From: Jim Harris Sent: Wednesday, November 06, 2019 4:25 PM To: 'Aaron Ellig' Cc: Ann Olsen; 'tneubauer@devcoapts.com' Subject: RE: 1422M Kitts Corner Year 4 Performance Monitoring Report (No. 13-104418-00-UP & 23-104419-SE) Aaron: The report looks good, all on track for next year being the final wetland monitoring. Thanks for the site visit walk thru today. Email and hard copy the report next year for year 5 monitoring. Jim Harris Senior Planner Frederal Way 33325 81h Avenue South Federal Way, WA 98003-6325 Phone:253/835-2652 Fax: 253/835-2609 www.cityofFederalway1 Cost} Office Hours Mon - Thur, 8:00 AM — 4:30 PM or by appointment From: Aaron Ellig [mailto:aelli talasaea.com] Sent: Monday, October 21, 2019 2:08 PM To: Jim Harris Cc: Ann Olsen; 'tneubauer@devcoapts.com' Subject: 1422M Kitts Corner Year 4 Performance Monitoring Report (No. 13-104418-00-UP & 23-104419-SE) Hi Jim, Attached is a copy of the Wetland Buffer Mitigation Plan — 2019 Performance Monitoring Report — Year 4 for the Kitts Corner Multifamily project (City of Federal Way Project No. 13-104418-00-UP & 23-104419-SE). Please review and let me know if you have any questions or comments. I will have a hard copy mailed to you by the end of this week. Thanks, Aaron Ellig Ecologist ® TALASAEA C8�5UE.TA!ri5.1M1G Talasaea Consultants, Inc 1 15020 Bear Creek Road Northeast I Woodinville, WA 98077-7849 Office 1 425-861-7550 Fax 1 425-861-7549 ° TA LASA LA CONSULTANTS, INC. TO: Jim Harris OF: Planner, City of Federal Way Federal Way City Hall 3325 81h Ave S Federal Way, WA 98003 TRANSMITTING THE FOLLOWING letter duplicate copies X report originals specifications proposal other DESCRIPTION OF MATERIALS: RECEIVED OCT 2 9 2019 Community Development Department LETTER OF TRANSMITTAL FROM: Aaron Ellig PROJECT: Kitts Corner Multifamily TAL-1422M SUBJECT: Year 4 Performance Monitoring Rpt DATE: 10/8/2019 FOR: review & comment information X approval use & files as requested action noted X submittal Attached is the Wetland Buffer Mitigation Plan — 2019 Performance Monitoring Report Year 4 for the mitigation areas associated with the Kitts Corner Multifamily (City Project No. 13-104418- 00-UP & 23-104419-SE). Please review and let me know if you have any questions or comments. Thank you, Aaron Ellig JEcologist Sent via: Mail x Courier Other cc: X File JX Mr. Tom Neubauer, tom.neubauer@heartland.wa.com Id I I Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98072 • Bus: (425) 861-7550 • Fax: (425) 861-7549 • Email: ewarren@talasaea com I - J WETLAND BUFFER MITIGATION PLAN 2019 PERFORMANCE MONITORING REPORT - YEAR 4 KITTS CORNER MULTIFAMILY CITY OF FEDERAL WAY PROJECT NO. 13-104418-00-UP & 23-104419-SE FEDERAL WAY, WASHINGTON Prepared For: KITTS CORNER MULTIFAMILY c/o DevCo, Inc. 10900 NE 8th Street, Suite 1200 Bellevue, Washington 98004 Prepared By: TALASAEA CONSULTANTS, INC 15020 Bear Creek Road NE. Woodinville, Washington 98077 (425) 861-7550 8 October 2019 IJ I -i Kitts Corner Multifamily 2019 Performance Monitoring Report - Year 4 TABLE OF CONTENTS 1.0 PROJECT OVERVIEW.....................................................................................................................1 1.1. PROJECT SUMMARY ................................. .......................................... :..................... ....................... 1 1.2. SITE LOCATION............................................................................................................................ — 1 1.3. PROJECT TIMEFRAME..................... :::......................................................................................... .... 1 1.4. PERFORMANCE SUMMARY ........ ............................... .................................................. ...................... 1 1.5. MAINTENANCE SUMMARY ........... .............. ................ ............ .............................. I-- ......... I............... 2 2.0 MITIGATION REQUIREMENTS.......................................................................................................2 2.1. PERFORMANCE OBJECTIVES............................................................................................................ 2 2.2. METHODOLOGY...............................................................................................................................2 2.2.1. Vegetation Sampling............................................................................................................. 2 2.2.2. Photo Points .................................. ......................... 3 2.2.3. Vegetation Sampling Data ........... .............................................................................. 3 3.0 SUMMARY DATA.............................................................................................................................3 3.1. PERFORMANCE STANDARD Al: SPECIES DIVERSITY & WOODY SURVIVAL ......................................... 3 3.2. PERFORMANCE STANDARD A2: STEM DENSITY & WOODY COVERAGE .............................................. 4 3.3. PERFORMANCE STANDARD A3: INVASIVESPECIES........................................................................... 4 4.0 CONCLUSIONS................................................................................................................................4 Figures Figure 1: Vicinity Map & Directions Figure 2: Vegetation Transect & Photo Point Locations Figure 3: Year 4 Photo Point 1 & 2 Figure 4: Year 4 Photo Point 3 & 4 Figure 5: Year 4 Photo Point 5 & 6 Figure 6: Year 4 Photo Point 7 Figure 7: Interpretive Signage List of Tables Table 1: Fall 2019 Vegetation Transect Data — Year 4 (18 September 2019).........................3 Table 2: Catalog of Native Vegetation in Mitigation Areas (18 September 2019).......................4 8 October 2019 1422M Kitts Year 4 2019 Performance Monitoring ReportV1 Copyright ®Talasaea Consultants, Inc., 2019 Page i iL� Kitts Corner Multifamily 2019 Performance Monitoring Report — Year 4 1.0 PROJECT OVERVIEW CITY OF FEDERAL WAY PERMIT NO. 113-104418-00-UP & 23-104419-SE Permittee: DevCo, Inc. 10900 NE 8th Street, Suite 1200 Bellevue, Washington 98004 Contact: Mr. Tom Neubauer, tom.neubauer@heartlandwa.com Consultant: Talasaea Consultants, Inc. 15020 Bear Creek Road NE Woodinville, Washington 98077 (425) 861-7550 Contact: Ann Olsen, Senior Project Manager, aoisen@talasaea.com Aaron Ellig, Ecologist, aellig@talasaea.com Field Survey: Conducted on 18 September 2019 by Aaron Ellig 1.1. PROJECT SUMMARY The purpose of the approved mitigation plan was to 1) provide passive recreation in the buffers for Wetlands 1 and 2 consistent with City guidelines, 2) restore wetland buffer areas disturbed from temporary construction impacts, and 3) enhance degraded buffer areas. To accomplish these goals, the mitigation included the following: Passive recreation opportunities within the wetland buffer through construction of two soft -surface pedestrian trails with viewpoints, benches, and four interpretive signs; Restoration of the functions and values of the wetland buffer lost due to temporary impacts from site construction by restoring approximately 6,919 sf of buffer area; and i • Enhancement of 31,214 sf of degraded buffer areas. 1.2. SITE LOCATION The subject property is located at 1173 S 336th St, Federal Way as shown on Figure 1. The mitigation areas are located on both the west and east property lines and are identifiable by either a 2-rail fence or black vinyl coated chain -link fence. Critical Area Protection Area signs J are posted along the buffer boundaries. Driving directions to the project site are located on Figure 1. 1.3. PROJECT TIMEFRAME Construction of the mitigation areas was completed in January 2016 and monitoring is required by the City of Federal Way for five years (2020). A baseline assessment was conducted on February 25, 2016 to document baseline conditions at Year 0. Routine performance monitoring began in spring 2016 according to the approved monitoring schedule. Maintenance reviews are conducted in the spring and fall of each year to address any maintenance concerns and a maintenance memo is sent to the landscaping contractor detailing maintenance items to be completed. Annual performance monitoring reports will be prepared in the fall and includes data from the performance monitoring events. This fall concludes Year 4 of the monitoring period. J1.4. PERFORMANCE SUMMARY To evaluate performance standards for the project, future monitoring will be compared to the baseline conditions documented on February 25, 2016. The installed vegetation within the mitigation areas appears healthy and continues to show new growth. All performance standards are being met at this time. 8 October 2019 Copyright ® Talasaea Consultants, Inc., 2019 Page 1 1422M Kitts Year 4 2019 Performance Monitoring ReportV1 I "