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HomeMy WebLinkAboutGreenline Warehouse A Conditions Compliance Spreadsheet 0329213-29-21 1 | Page CONDITION # CONDITION TEXT COMPLIANCE VERIFICATION 1 Future submittals related to this project shall contain the properties’ most current legal descriptions. April 2020 & September 2020 building permit submittals: Sheet EX-01 of the civil set has an outdated legal description, which does not reflect the Headquarters BLA. 2 The proposal was reviewed as a general commodity warehouse with an associated office. A future change in the type of use and/or occupancy shall require review for compliance with applicable requirements and to determine any impacts, including revisiting the SEPA threshold determination and Use Process III decision, as needed. April 2020 & September 2020 building permit submittals: The permit does not include a tenant; therefore, compliance will be determined during the future tenant improvement permit. 3 The building permit application plan set shall include a section on parking analysis that demonstrates compliance with required parking ratios and consistency with the 287 spaces proposed on the Use Process III site plan (Sheet ST-01). April 2020 building permit submittal: The submitted Conditions of Approval document describes 294 parking spaces, which is not what is provided on the drawing. The 7 ADA stalls are counted within the 257-stall count, so together with the 30 trailer stalls that totals 287 stalls. On Sheet AN-0 correct the parking analysis to remove the note that says it assumes 10% future office and correct the sheet to say 95% warehouse or if something else is desired for the development then correct numbers so that everything calculates correctly. September 2020 building permit submittal: updates made, shown on Sheet AN-0, condition satisfied. 4 Work is not allowed within Wetlands DP, DQ, DR, DT, Stream EA, and associated buffers, as stream setback intrusions and improvements/land surface modifications in non-CZA exempt wetland setbacks require Use Process IV application review and approval per FWCC Sections 22-1312(c) and 22-1359(d). April 2020 building permit submittal: See July 2020 ESA memo. September 2020 building permit submittal: See March 2021 ESA memo, condition satisfied. 5 The Use Process III ‘Existing Tree Plan’ (Sheet SR-07) shall be attached to the final landscaping plan submitted with the building permit. April 2020 building permit submittal: The submitted Conditions of Approval document describes this plan as being attached to the LA Sheets, but it is not. Some of its contents have been incorporated into Sheet TR-01, but that is not adequate to satisfy this condition. If the contents of Sheet SR-07 are incorporated into Sheet TR-01, then all of it needs to be shown, at present none of the content on the pond parcel is shown. September 2020 building permit submittal: sheet has been attached to landscaping plan set, condition satisfied. 3-29-21 2 | Page 6 Prior to building final inspection, all additional, supplemental and replanted Type I and II landscaping, as indicated on the Use Process III preliminary landscaping plan (Sheet LA-01), shall be installed. This shall be verified prior to building final inspection. 7 The building permit landscaping plan shall show the required six-foot width for parking lot islands adjacent to the trash enclosure. April 2020 building permit submittal: Shown on LA sheet, condition satisfied. 8 All significant trees shall be retained within the Managed Forest Buffer and within areas planned to remain undisturbed as indicated on the Use Process III tree/vegetation retention plan and clearing and grading plan (Sheets TR-01 & GR-01) to the maximum extent feasible. April 2020 building permit submittal: Shown on GR and TR sheets, condition satisfied. 9 Clearing/grading on the pond parcel (parcel 6142600200) shall be limited to the areas necessary for the stormwater pond and associated stormwater conveyance infrastructure only as shown on the Use Process III clearing and grading plan (Sheet GR-01). April 2020 building permit submittal: Shown on GR sheets, condition satisfied. 10 The applicant shall obtain Forest Practices approval prior to issuance of a building permit. April 2020 building permit submittal: The submitted Conditions of Approval document states “comment noted,” which is an inadequate response to the condition. No FPA has been submitted. September 2020 building permit submittal: The submitted Conditions of Approval document states, “A Forest Practices application will be submitted prior to building permit issuance.” 11 The following amendments shall be made to the critical area report prior to issuance of a building permit: a) The amount of impact to the buffer of Stream EA is inconsistent between the text in the report and on Figure W1.2 in the report. Section 7.2.3 – Stream Buffer Averaging of the report states that 1,944 square feet of the buffer area will be reduced and 2,235 square feet of buffer area will be replaced. However, Figure W1.2 shows a reduction of 1,695 square feet of stream buffer and a replacement of 2,359 square feet. The figure and the report shall be revised to show correct quantities of reduction and replacement. b) According to the Buffer Averaging Plan in the report (Sheet W1.2) only the northwest portion of the buffer of Wetland DT is being impacted. However, several sheets in the site plan show the entire wetland buffer being reduced to 50 feet. The report and all subsequently submitted development plans sheets shall be revised, as necessary, to show the correct buffer impact. April 2020 building permit submittal: See July 2020 ESA memo. September 2020 building permit submittal: See March 2021 ESA memo, condition satisfied. 3-29-21 3 | Page c) The applicant shall show/label on Figure W1.2 the size of each area of buffer reduction and replacement to demonstrate that each reduction is compensated for at the location of the critical area where that reduction occurs. Adjustments shall be made if necessary. 12 Areas of wetland and stream buffer replacement shall be enhanced with native vegetation, as necessary, to ensure buffer function continues post-development. Planting details shall be shown on the landscape plan submitted with the building permit. April 2020 building permit submittal: See July 2020 ESA memo. September 2020 building permit submittal: See March 2021 ESA memo. 13 All subsequently submitted building and engineering plans shall show averaged critical area buffers, including buffer replacement areas, and only buffers for critical areas that will remain after development. April 2020 building permit submittal: See July 2020 ESA memo. September 2020 building permit submittal: See March 2021 ESA memo, condition satisfied. 14 Installation of permanent signs and split rail fencing is required at the outer edge of the wetland buffers for Wetlands DQ, DR, and DT, and shall be completed prior to final inspection for the building permit. April 2020 building permit submittal: See July 2020 ESA memo. September 2020 building permit submittal: See March 2021 ESA memo; also this shall be verified prior to building final inspection. 15 The boundary between the wetland buffers and contiguous land shall be identified with permanent signs, which shall be a city-approved type designed for high durability. Signs must be posted at an interval of one per every 150 feet and maintained by the property owner in perpetuity. April 2020 building permit submittal: See July 2020 ESA memo. September 2020 building permit submittal: See March 2021 ESA memo; also this shall be verified prior to building final inspection. 16 The city shall not issue any approvals to fill wetlands until all state, federal, or other agency permits as may be required to fill the wetlands have been obtained and verification provided to the city. April 2020 building permit submittal: The submitted cover letter and Conditions of Approval document state that the permits will be provided to the city prior to building permit issuance. September 2020 building permit submittal: The submitted Conditions of Approval documents states “Comment noted. Copies of the Federal and State permits will be provided to the City upon receipt”. 17 The building permit submittal shall address the following: a) Rooftop mechanical equipment, including vents, mechanical penthouses, elevator equipment, and similar appurtenances that extend above the roofline must be surrounded by a solid sight-obscuring screen that meets the following criteria: (a) the screen must be integrated into the architecture of the building; and (b) the screen must obscure the view of the appurtenances from adjacent streets and properties. April 2020 building permit submittal: Regarding (a), the southwestern and southern building entry sections are shown. What about the rest of the building? Please provide additional elevations to demonstrate compliance with the requirement. Regarding (b), landscaping is shown around the equipment outside the electrical and fire pump rooms; component (b) of the condition is satisfied. 3-29-21 4 | Page b) Type I landscaping is required around ground level mechanical and electrical equipment and utility installations, unless precluded for safety and access reasons. September 2020 building permit submittal: Regarding (a), additional drawings were submitted, and the applicant stated the RTU and equipment screen are deferred to the future tenant improvement submittal. 18 The building permit landscaping plan shall provide Type I landscaping a minimum of five feet in width on the north and south sides of the combined trash/recycling enclosure area. April 2020 building permit submittal: Shown on LA sheet, condition satisfied. 19 Prior to building permit issuance, plans shall demonstrate: 1) how occupant use of the designated garbage/recycling areas will integrate with service access; and 2) how the storage and collection of other garbage generated on site complies with FWCC Section 22-949(e)(1), which states the recycling storage area and garbage storage area shall be adjacent to each other. April 2020 building permit submittal: The submitted Conditions of Approval document states that this will be addressed after the first round of comments and prior to building permit issuance. September 2020 building permit submittal: Additional details were submitted, and the applicant stated the final design is deferred to the future tenant improvement submittal. 20 Prior to building permit issuance, plans shall demonstrate that the garbage and recycling storage needs have been incorporated into the design and planned for in ways that will serve occupants over time. April 2020 building permit submittal: The submitted Conditions of Approval document states that this will be addressed after the first round of comments and prior to building permit issuance. September 2020 building permit submittal: Additional details were submitted, and the applicant stated the final design is deferred to the future tenant improvement submittal. 21 Prior to issuance of a building permit, a lighting plan shall be submitted for verification of compliance with FWCC Section 22-954(c). April 2020 building permit submittal: Lighting plan submitted, condition satisfied. 22 Prior to building permit issuance, the applicant shall submit an evaluation of the facility design by a qualified professional to ensure that the equipment to be installed at the warehouse, as well as warehouse activities, are consistent or similar to those identified in the noise report (“Greenline Building “A” Development, Federal Way Washington Environmental Noise Report, Ramboll Environ, revised March 2018). (A SEPA mitigation measure.) April 2020 building permit submittal: The submitted Conditions of Approval document states that the report will be completed prior to building permit issuance. September 2020 building permit submittal: The applicant stated the evaluation is deferred to the future tenant improvement submittal. 23 The following measures shall be implemented during project construction with quarterly reports submitted by the applicant to the city documenting compliance starting from the issuance of the building permit and concluding at issuance of a certificate of occupancy: a) All equipment shall be fitted with properly sized mufflers, and if necessary, engine intake silencers. b) All equipment shall be in good working order. This shall be verified during construction and at time of final building inspection prior to issuance of a certificate of occupancy. 3-29-21 5 | Page c) Use quieter construction equipment models if available and whenever possible, use pneumatic tools rather than diesel or gas-powered tools. d) Place portable stationary equipment as far as possible from existing residential and noise-sensitive commercial areas, and if necessary, place temporary barriers around stationary equipment. e) For mobile equipment that routinely operate near residential areas (i.e., within approximately 200 feet to the north of the project site), consider placement of typical fixed pure-tone backup alarms with ambient-sensing and/or broadband backup alarms. (SEPA mitigation measures.) 24 A detailed review of final operating conditions shall be completed to ensure that the noise study accurately and conservatively reflects future project operation. A report documenting the assessment prepared by a qualified professional shall be submitted to the city six months after the certificate of occupancy is issued. (A SEPA mitigation measure.) This shall be verified six months after issuance of the certificate of occupancy. 25 If the proposed use of the building includes cold storage, processing, or manufacturing, the air quality analysis (“Greenline Building “A” Development, Federal Way Washington Air Quality Report”, Ramboll Environ, revised March 2018) must be revised and SEPA threshold determination revisited prior to the building permit issuance, or if no building permit is required, then prior to business license issuance. (A SEPA mitigation measure.) April 2020 & September 2020 building permit submittals: The permit does not include a tenant; compliance will be determined during the future tenant improvement permit or if no permit is required, then prior to business license issuance. 26 The following measures shall be implemented during project construction with quarterly reports submitted by the applicant to the city documenting compliance starting from the issuance of the building permit and concluding at issuance of the certificate of occupancy: a) Use only equipment and trucks that are maintained in optimal operational condition. b) Require all off road equipment to be retrofit with emission reduction equipment (i.e., require participation in Puget Sound region Diesel Solutions by project sponsors and contractors), including particulate matter traps and oxidation catalysts to reduce MSATs. c) Use biodiesel or other lower-emission fuels for vehicles and equipment. This shall be verified during construction and at time of final building inspection prior to issuance of a certificate of occupancy. 3-29-21 6 | Page d) Use carpooling or other trip reduction strategies for construction workers when possible. e) Stage construction to minimize overall transportation system congestion and delays to reduce regional emissions of pollutants during construction. f) Implement restrictions on construction truck idling (e.g., limit idling to a maximum of five minutes). g) Locate construction equipment away from sensitive receptors such as fresh air intakes to buildings, air conditioners, and sensitive populations. h) Locate construction staging zones where diesel emissions won't be noticeable to the public, or near sensitive populations such as the elderly and the young. i) Spray exposed soil with water or other suppressant to reduce emissions of PM10 and deposition of particulate matter. j) Pave or use gravel on staging areas and roads that would be exposed for long periods. k) Cover all trucks transporting materials, wet materials in trucks, or provide adequate freeboard (space from the top of the material to the top of the truck bed), to reduce PM10 emissions and deposition during transport. l) Provide wheel washers to remove particulate matter that would otherwise be carried off site by vehicles to decrease deposition of particulate matter on area roadways. m) Remove particulate matter deposited on paved, public roads, sidewalks, and bicycle and pedestrian paths to reduce mud and dust; sweep and wash streets continuously to reduce emissions. n) Cover dirt, gravel, and debris piles as needed to reduce dust and wind-blown debris. o) Route and schedule construction trucks to reduce delays to traffic during peak travel times to reduce air quality impacts caused by a reduction in traffic speeds. (SEPA mitigation measures.) 3-29-21 7 | Page 27 Prior to issuance of a certificate of occupancy, the applicant shall construct a northbound left- turn lane on Weyerhaeuser Way South at the southerly driveway (truck access) to provide safer and more efficient access into the site. The northbound left-turn lane storage shall be designed to accommodate the 95th Percentile queues length ensuring left-turn queues will not block the through traffic lane. The channelization plan must be reviewed and approved by the city and WSDOT. (A SEPA mitigation measure.) April 2020 building permit submittals: PUBLIC WORKS September 2020 building permit submittals: The northbound left- turn lane for truck access at the southerly driveway on Weyerhaeuser Way is within WSDOT Limited Access. The channelization plan must be submitted to WSDOT for review and approval. Please note, SR 18 ramp terminal intersections are under Washington State Department of Transportation (WSDOT) control and therefore subjected to their respective permit process. 28 Prior to building permit issuance, the applicant shall install weight limit signs on Weyerhaeuser Way South from South 320th Street to the project driveway, and South 336th Street from 20th Avenue South to Weyerhaeuser Way South. (A SEPA mitigation measure.) April 2020 building permit submittal: PUBLIC WORKS. September 2020 building permit submittal: Submit plan for Weyerhaeuser Way S showing weight limit signs and station from South 320th Street to the project site. 29 The applicant submitted a traffic study, IRG Greenline Buildings A and B Federal Way, WA Transportation Impact Study, TENW Transportation Engineering NorthWest, March 6, 2018. The development is estimated to generate 994 daily trips consisting of 795 passenger vehicle trips and 199 truck trips. These trips will be served by two driveways (private loop road driveway north of the site and truck access driveway next to SR 18) on Weyerhaeuser Way. According to the traffic study, all truck trips would utilize the proposed truck access driveway on Weyerhaeuser Way South and will be traveling to and from the south using the Weyerhaeuser Way South/SR-18 interchange. On a daily basis, I-5 southbound congestion routinely occurs between SR 18 and South 320th Street interchange. In order to avoid traffic congestion and reduce travel time due to a shorter distance, truck trips with origin and destination from the north could utilize South 320th Street/SR-5 interchange, South 336th Street, and Weyerhaeuser Way South as an alternate route to the site. The traffic study has not demonstrated how the applicant will prevent this alternative truck route (South 320th Street/SR-5 interchange, South 336th Street, and Weyerhaeuser Way South) to the site. Weyerhaeuser Way South from South 320th Street and SR 18 is not a designated truck route and therefore, the roadway cannot support heavy vehicle weights. In general, heavier vehicles cause more damaged to the road than light vehicles. The federal government estimated that an 18-wheel truck causes the same damage to the road as 9,600 cars. Based on the above, the applicant has not demonstrated mitigation of additional truck traffic onto non-designated truck routes such as Weyerhaeuser Way South north of the site, including impacts to the pavement. As such, prior to certificate of occupancy issuance, the applicant shall provide a fully executed bond for 120 percent of the engineer’s estimate for design and construction costs to upgrade the April 2020 building permit submittal: PUBLIC WORKS. September 2020 building permit submittal: Pending item for applicant to provide draft agreement to the City for review. 3-29-21 8 | Page existing pavement on Weyerhaeuser Way South, from the proposed truck entrance to South 320th Street. The bond term shall be for a period of three years from the time of notification by applicant of full occupancy and use of the facility, unless a shorter term is mutually agreed to in the implementation agreement discussed below. The applicant shall provide the engineer’s estimate. Should the truck trips generated by the project traveling north of the site (to or from the site) exceed 28 truck trips per week as set forth in the implementation agreement discussed below, the city will use the bond for design and construction costs to upgrade the existing pavement on Weyerhaeuser Way South, from the proposed truck entrance to South 320th Street, and/or from the proposed truck entrance to SR-99 via South 336th Street, to the city’s required design standards. In the alternative, the applicant may choose to design and construct the implicated roadway(s) identified by the city. For the purposes of this condition, a “truck” shall mean a vehicle rated in excess of 30,000 pounds gross weight as discussed in Chapter 8.40 FWRC. Prior to building permit issuance, the applicant and the city shall enter into an implementation agreement to set forth the conditions by which the city will monitor the truck trips; how the city will make its determination that the applicant has exceeded the 28 or more truck trips per week; how notice will be provided to the applicant; the cure period for the applicant to remedy the excess truck trips described in the above condition; when the city will call the bond or require the applicant to construct the implicated roadways; the bond conditions; and all other requirements deemed necessary by the city. (A SEPA mitigation measure.) 30 Prior to engineering plans approval, WSDOT approval of the traffic study and channelization plans shall be provided. April 2020 building permit submittal: PUBLIC WORKS. September 2020 building permit submittal: This item is still pending. The applicant must provide documentation that WSDOT has approved the traffic study and channelization plans. 31 The existing pavement on Weyerhaeuser Way South (south of the site), from the proposed truck entrance to the SR-18 interchange must be fully reconstructed (subgrade soils and new pavement) to accommodate the expected truck traffic load. The applicant shall provide the pavement design for city review and approval prior to engineering plans submittal. Once the pavement design is approved by the city, the development shall perform full depth reconstruction of the roadway segment impacted by the truck traffic. (A SEPA mitigation measure.) ESM submitted a revised geotech report dated 1-30-2020 that includes the new proposed pavement design for city review (1-31- 2020). April 2020 building permit submittal: PUBLIC WORKS. September 2020 building permit submittal: The pavement design for Weyerhaeuser Way South from the proposed truck entrance to the SR-18 interchange must be included in this submittal. Once approved by the City, the applicant must perform full reconstruction of the roadway segment concurrent with Warehouse 3-29-21 9 | Page A (truck traffic generated by Warehouse A). The improvements plans for Warehouse A must show the pavement reconstruction on Weyerhaeuser Way South. 32 Prior to issuance of a certificate of occupancy, the applicant shall construct right-turn storage for the westbound SR-18 off-ramp to mitigate for the impact to the westbound off-ramp to the satisfaction and with approval of WSDOT. (A SEPA mitigation measure.) April 2020 building permit submittal: PUBLIC WORKS. September 2020 building permit submittal: SR 18 westbound off- ramp improvement plan to extending the storage pocket must be designed and submitted to WSDOT for approval. The SR 18 ramp terminal intersections are under Washington State Department of Transportation (WSDOT) control and therefore subjected to their respective permit process. 33 Details on the relocated bus stops and transit related improvements shall be shown on the engineering submittal. April 2020 building permit submittal: PUBLIC WORKS. September 2020 building permit submittal: This item is still pending. The submitted plans depict relocated bus stop and shelter location. The relocated bus stop location must be reviewed and approved by the appropriate transit agency. The civil plan must also include bus shelter detail. 34 A Right-of-Way Modification was issued on June 22, 2018, outlining required frontage improvements for both Warehouse A and Warehouse B, with timing and bonding requirements. The building permit site plan shall reflect the requirements outlined in this letter. Construction plans shall be included in the building permit submittal for review and approval. April 2020 building permit submittal: PUBLIC WORKS. September 2020 building permit submittal: Street improvement along Weyerhaeuser Way South for Warehouse A was modified per the June 22, 2018 right-of-way modification letter, which specified the necessary improvement between Warehouse A and B. The improvement plans should reflect the street modification approval. 35 The Right-of-Way Modification issued on June 22, 2018, includes widening of Weyerhaeuser Way South. As a part of building permit approval, water quality treatment shall be provided for new pollution-generating surfaces within the public right-of-way. Flow control shall also be provided. All stormwater treatment and flow control requirements shall meet the regulations in place at the time a building permit application is received. No new pollution-generating impervious area is being created on Weyerhaeuser Way S with the Warehouse A frontage improvements. Water Quality Treatment and flow control will not be required at this time because the amount of new impervious area being created within the public right-of-way is insufficient to meet thresholds provided in the 2016 King County Surface Water Design Manual. 36 The applicant has discussed but not committed to any particular BMPs required by the KCSWDM. The applicant shall incorporate BMPs into the building permit plan set as outlined i the KCSWDM. The TIR dated 3/20/20 submitted by ESM includes a review of all BMPs. Those that can be successfully applied to this development include Native Growth Retention, Soil Amendment, and Perforated Pipe Connections. The building plans are under review and will be required to include these BMPs. 3-29-21 10 | Page September 2020 building permit submittal: see city comment letter, condition not satisfied. 37 The applicant states that this project drains to an offsite wetland on parcel 2121049014; however no detail has been provided concerning the wetland. Therefore KCSWDM Chapter 3.3.5 through 3.3.7 may apply. If the amount of impervious surface area proposed by the project is greater than or equal to 10 percent of the 100-year water surface area of a closed depression, then a point of compliance analysis must be done to verify that the water surface levels are not increasing for the return frequencies at which flooding occurs, up to and including the 100-year frequency. The applicant has not provided a comparison of the proposed impervious surface area to the surface area of the wetland or closed depression, nor have they provided a minor floodplain analysis to establish an assumed base flood elevation. Conservation Flow Control (Level 2) must therefore be considered a minimum standard, and the applicant will be required to provide additional flow control if the site’s impervious area meets or exceeds the 10 percent threshold or a flooding problem will be created or exacerbated. The applicant shall provide necessary documentation and mitigation prior to building permit issuance. The applicant has chosen to provide Level 3, Flood Control, the highest level of flow control required, rather than providing the analysis required by this condition. Since mitigation for the result of the analysis would not exceed Level 3 flow control, staff considers this condition satisfied. 38 As stated in the KCSWDM Section 1.2.2.1, the applicant shall submit a critical areas report for the offsite wetland on parcel 2121049014. The critical areas report shall be completed as outlined in FWRC 19.145.080; reviewed by an outside peer reviewer at the developer’s expense; and approved prior to approval of the final TIR and prior to building permit issuance. April 2020 building permit submittal: a critical areas report was provided and peer reviewed by the city’s consultant ESA. See enclosed July 2020 memo from ESA and address comments. September 2020 building permit submittal: See March 2021 ESA memo. 39 Prior to building permit approval, WSDOT approval of the project’s impacts on storm drainage conveyance within WSDOT right-of-way shall be provided. The applicant states in the TIR that the storm drainage conveyance has been submitted for WSDOT review. Prior to building permit approval, proof of WSDOT approval must be received. September 2020 building permit submittal: the submitted Conditions of Approval document states “Currently awaiting WSDOT approval. Approval will be provided prior to building permit approval”. 40 The reference to the Critical Areas Report in the preliminary TIR shall be updated to the most recent version in the final TIR. April 2020 building permit submittal: In the updated TIR dated 3- 20-2020, Sections 4 and 6 contain a reference to an August 2017 critical areas report. There is an updated version of this critical areas report that was submitted with the building permit. September 2020 building permit submittal: TIR updated, conditions satisfied. 3-29-21 11 | Page 41 Prior to engineering plan approval, the applicant shall record easements to allow stormwater conveyance, treatment, and detention for Warehouse A on and across the adjacent Warehouse B property. Easements shall be reviewed and approved by the City of Federal Way prior to recording, and a copy shall be provided to the city upon recording. April 2020 building permit submittal does not address this condition. Prior to building permit issuance, the applicant will be required to provide draft easements which will be recorded once construction of the storm drainage system is complete. September 30, 2020, November 6, 2020, and November 18, 2020 ESM submitted draft easements for City review. Applicant needs to provide recorded easements. 42 Prior to issuance of a building permit, updated certificates of water and sewer availability shall be submitted. April 2020 building permit submittal: Updated certificates provided, condition satisfied. HEX 11 A new Condition 11 is hereby added to the Warehouse A MDNS to provide as follows: The Applicant shall acquire its Concurrency Review Certificate for the Greenline Business Park prior to any construction activity for Warehouse A. As part of that concurrency review, the City shall identify any proportionate share mitigation necessary from the Warehouse A project to meet PM level of service requirements The Applicant shall pay any such funds or install any such mitigation prior to occupancy of Warehouse A. Any collected funds shall be subject to the limitations of RCW 82.02.020. This condition has been replaced in a Request for Reconsideration Decision revised condition. HEX 12/ 43 A new condition No. 12 is added to the MDNS to provide as follows: The Applicant shall supplement its stormwater plan to demonstrate compliance and consistency with the Executive Proposed Basin Plan Hylebos Creek and Lower Puget Sound (King County Surface Water Management, 1991). ESM submitted a memorandum dated 2-10-2020 (2-10-2020). Staff provided a response memo on 4-1-2020 via email. ESM submitted a memorandum dated 4-22-20 (4-23-20) that demonstrates project compliance and consistency with the Executive Proposed Basin Plan Hylebos Creek and Lower Puget Sound (King County Surface Water Management, 1991). COFW prepared a memo to file dated 9-11-20 documenting compliance with this condition. RR 1 MDNS Condition No. 11 is replaced by the following: Cumulative traffic impacts from Warehouse A and B and the Greenline Business Park to the SR 18 westbound ramp intersection with Weyerhaeuser Way South shall be evaluated and mitigated in a SEPA analysis addendum and/or revision to the Warehouse A and B TIA. PM peak hour cumulative impacts shall be included in the TIA analysis, or added to the concurrency review for Warehouse A as the City finds most consistent with its regulations. The City shall determine if WSDOT has jurisdiction over the SR 18 intersection. If WSDOT has jurisdiction over the SR 18 intersection, WSDOT LOS standards shall be applied to the intersection and any COFW sent letter to ESM dated 12-19-19 regarding WSDOT jurisdiction, WSDOT has jurisdiction over the SR 18 intersection and its respective LOS standards apply. ESM submitted a memorandum dated 3-23-2020 and updated TIA for the Woodbridge Business Park dated 3-17-2020 (4-7-2020). ESM submitted a memorandum dated 4-7-2020 and a memo regarding pro-rata share dated 4-6-20 (4-7-2020). TENW submitted a TIA Addendum dated 7-22-20 (7-27-20). COFW 3-29-21 12 | Page necessary pro-rata mitigation for Warehouse A shall be formulated in consultation with WSDOT as contemplated in Conclusion of Law No. 8 of the Final Decision. If WSDOT doesn’t have jurisdiction over the intersection, City LOS standards shall be applied and pro- rata mitigation for Warehouse A imposed as necessary. All mitigation shall be subject to RCW 82.02.020 and constitutional nexus/proportionality. prepared a memo to file dated 9-11-20 documenting compliance with this condition. RR 2 MDNS Condition No. 12 is to be reclassified and re-numbered as Condition No. 43 to the Warehouse A Process III approval to reflect the fact that it is not a SEPA mitigation measure as identified in this reconsideration decision. See condition #43.