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HEX #19-003 Letter from applicants dated 08-08-2019V % October 8, 2019 Ms. Natalie Kamieniecki Associate Planner City of Federal Way 33325 81h Avenue S Federal Way, WA 98003-6325 Job No, 1.938-002-017 RE: Files#18-100743-00-SU,18-100741-00-UP,18-100742-OO-SE, 18-100740-00-UP Creekside Commons Hearing, Proposed Condition Revisions Dear Ms. Kamieniecki: On behalf of Blue Fern Development, ESM Consulting Engineers would like to thank you for the opportunity to review the Staff Report for the Creekside Commons hearing scheduled for October 10, 2019. The applicant would like to propose moderate revisions for Conditions 2, 7 and 9 for the Hearing Examiner's consideration, as noted below with the original condition in italics and the proposed language in bold: 2. Prior to any clearing or grading on site a final Wetland and Fish and Wildlife Habitat Assessment and Buffer Reduction and Enhancement Plan shall be submitted. The updated assessment must reflect final subdivision design and -buffer enhancement -planting -plan: Appropriate erosion control measures, -split rail fencing and critical area signage shall be installed prior to clearing and grading on site. This condition requires split rail fencing and critical area signing to be installed prior to any site work. While is it common that erosion control measures be installed prior to clearing a construction project site, it not common to install permanent fencing and/or signage due to the construction activities that will occur at the permanent fencing/signing locations. In all likelihood, the fencing/signing will be damaged during construction. We'd like to move the timing of the installation of the permanent fencing and signing to after the bulk of construction is completed but before the final plat is approved and recorded. We propose the following language: 2 Prior to any clearing or grading on site a final Wetland and Fish and Wildlife Habitat Assessment and Buffer Reduction and Enhancement Plan shall be submitted. The updated assessment must reflect final subdivision design and buffer enhancement planting plan. Appropriate erosion control measures shall be installed pOor to clearing and grading on site. Split rail fencing and critic I area signage shall be installed pnQr to the recording_ of the final plat 33400 8th Ave. S, Ste 205 TO (253) 838 6113 Everett (425) 297 9900 Civil Lams Gi.anr.:rq Federal Way. WA 98003 Fax (253) 838 7104 Tolt Free (800) 345 5694 Land S,r e;,,ng L andscape A.i ci,,[eciu e www.esmcivil-com 3D Lase, Scan-i,g GIS Ms. Natalie Kamieniecki October 8, 2019 Page 2 7. Retaining walls must be constructed consistent with the renderings provided in exhibit A, Page 6, and obtain all required perwits Exhibit A, Page 6 indicates that soldier pile walls are to be constructed. The "renderings" are not depictions of the proposed walls, only profiles of the particular walls. It is probable that soldier pile walls may not hold the aesthetic desires of the project proponent nor fit the style of the proposed homes. For this reason, it is desirous that the particular design and style of the walls be more flexible as the final project design is assembled. We propose the following language: 7. Retaining walls must be designed and constructed substantially consistent with exhibit A, page 6, the wall profile sheet and obtain all required permits. 9. School impact fees shall be paid at the time of building permit issuance In accordance with the provisions of Chapter 1995 School Impact Fees. Because of the style of the proposed home units, there might be confusion regarding the impact fees that are to be applied. Per communication with the Planning Manager, the proposed homes are considered single-family units as a result of the plat proposal, and not considered multi- family as the project proposal is not for common ownership. Included with this letter, and submitted as an exhibit to the Hearing Examiner, is an email thread between the applicant and Mr. Robert Hanson regarding the impact fees for this project be considered at the single-family rate. In the interest of clarity, we propose the following language: 9. School impact fees shall be paid at the time of building permit issuance in accordance with the provisions of Chapter 19.95 School Impact Fees and assessed at the single-family ra . We hope these proposed revisions will be supported by the City of Federal Way staff. Please do not hesitate to contact me if any questions, comments or concerns arise during your review. Sincerely, ESM CONSULTING ENGINEERS, LLC /VLI�_� SAVANNA NAGORSKI, MS Land Use Planner CC: Jordan Salisbury, Blue Fern Development (w/enc) Vicki Orrico, Johns Monroe Mitsunaga Kolouskova, PLLC (w/enc) Enc: As Noted Ilesm8leng6esm-jobsO 93M0210171documenWetter-011.docx From: John Graves <johng@bluefern.com> Sent: Monday, February 05, 2018 11:41 AM To: Robert Hansen Cc: Benjamin Paulus; Eric LaBrie; Evan Mann; Jordan Salisbury Subject: RE: Creekside Commons Great Doc. We are on the same page so thank you for responding so quickly... looking forward to submitting our application in the next few weeks. Best! JIG From: Robert Hansen [mailto:Robert.Hansen@cityoffederalway.com] Sent: Monday, February 5, 2018 11:35 AM To: John Graves <johng@bluefern.com> Cc: Benjamin Paulus <ben@bluefern.com>; Eric LaBrie <eric.labrie@esmcivil.com> Subject: RE: Creekside Commons John; I don't know why this issue has risen. Maybe as a result of the high impact fees that exist with the City? The last I knew, this project was coming in as a plat and therefore will be considered single family. It will only be considered multi -family if we receive a project with common ownership. We will review it as a plat if it comes in as a plat regardless of how it is designed. Until we obtain the plat, we won't know how else to respond. Stacey received request from your architect this morning about design standards. We can answer those questions as the Code states now, but please be aware that the only design standards that will apply are those that exist at the time the building permits are submitted, and its design will have nothing to do with the plat. Robert "Doc" Hansen Planning Manager Community Development Department 33325 8th Avenue South Federal Way, WA 98003-6325 Phone: 253/835-2643 www.cityoffederalway.com From: John Graves [mailtojohn bluefern.com] Sent: Saturday, February 03, 2018 8:35 AM To: Robert Hansen Cc: Benjamin Paulus; Eric LaBrie Subject: Creekside Commons Good Morning Doc, Happy New Year and hope all is well with you. An issue regarding our Creekside Commons project has re -surfaced that we thought had been settled during our discussions at and around our Pre -Application meeting. Yesterday, I received and email from Evan Mann, our project manager, that the city was/may be modifying the definition of multi -family, apartments etc... to include the below. FWRC 19.95.040 states that "...For purposes of this chapter, manufactured homes shall be treated as single-family dwelling units and duplexes shall be treated as multifamily dwelling units. He suggested there was a possibility that Creekside Commons building permits would be processed under the Multifamily definition and opposed to the Single Family. We had discussed this earlier in the projects life but to reiterate, Creekside Commons will be a new neighborhood in Federal Way that: 1. Requires Subdivision, 2. Ownership is being taken as "Fee Simple" (they own the lot) and 2. Is Owner Occupied housing Ben and I made the decision, on a financial basis, to proceed with this project, with the understanding that it would be processed as a Single Family neighborhood and incur mitigation fees consistent with that proposal. If that is incorrect, or if there is some doubt about that definition from the planning department, then we need to know immediately. Thank you for all of your support to date for this project and we look forward to hearing back from you. All the best, John John Graves Blue Fern Development, LLC 11232 120th Ave NE, Ste 204 Kirkland, WA 98033 425-629-3854 (office) 425-269-3075 (cell) CONFIDENTIALITY NOTICE This e-mail and any attachments are for the sole use of the intended recipients and contain information that may be confidential or legally privileged. If you have received this e-mail in error, please notify the sender by reply e-mail and delete the message, Any disclosure, copying, distribution, or use of this communication by someone other than the intended recipient is prohibited.