Response Letter signedCOMMUNITY DEVELOPMENT DEPARTMENT 33325 8th Avenue South Federal Way, WA 98003-6325
253-835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
August 11, 2020
Mr. Cole Whitehouse
World Vision
34834 Weyerhaeuser Way South
Federal Way, WA 98001
cwhiteho@worldvision.org
Re: File #20-102539-AD; RESPONSE LETTER
World Vision Tree Removal 34834, Weyerhaeuser Way South & 3455 South 344th Way, Federal Way
Dear Mr. Whitehouse:
City staff has reviewed your request for an Administrative Decision to remove trees from the World Vision
property. This letter serves as a response to that request, outlines the regulatory framework, and provides
information on options for next steps. According to the submittal of July 10, 2020, the proposal involves two
components, the first is at the 34834 Weyerhaeuser location (parcel 2221049031), to thin out the trees in the
parking lot to improve visibility in and around the lot for security purposes. The second is at the 3455 344th
location (parcel 2221049006), to thin out trees to improve visibility for security, and in addition, log a portion
of the property to generate income.
The properties are subject to the provisions of the 1994 Weyerhaeuser Company Concomitant Pre-
Annexation Development Agreement (CZA) and zoning regulations in effect on August 23, 1994 (Federal
Way City Code [FWCC]). Any procedural requirements must meet current code (Federal Way Revised Code
[FWRC]). The properties are zoned Office Park (OP-1) and contain wetlands and a portion of Lake Killarney.
A review of the CZA and code revealed the following:
• CZA Exhibit D Section V(A)(14) states:
“14. Building setbacks from Lake Killarney's ordinary high water mark shall be no less than 100 feet in order to
protect the natural state of the riparian and nesting areas. There shall be no significant removal or alteration of the
existing trees and vegetation within this 100-foot buffer. A 40-foot wide natural buffer shall screen the other sides of the
property from surrounding residential properties, except along 32nd Avenue South (Weyerhaeuser Way south of SR-
18) where a 25-foot landscaped width shall be permitted.”
• FWCC Section 22-1357 states, “The setback area from a regulated wetland is all land within 100 feet in every
direction upland from the edge of the regulated wetland.”
• FWRC Section 15.05.070(3)(a)(iii), prohibits forest practices in all shoreline environments, which is
the area extending 200’ outward from the ordinary high-water mark of Lake Killarney.
Mr. Cole Whitehouse
Page 2 of 4
August 11, 2020
20-102529-00-AD Doc. I.D. 80656
• FWCC Section 22-1093 allows land surface modifications, which includes removal of trees, for:
“(8) Is for actions which must be undertaken immediately, or within a time too short to allow for compliance with the
permit requirements of section 22-1094, to avoid an imminent threat to public health or safety; to prevent an imminent
danger to public or private property; or to prevent an imminent threat of serious environmental degradation. This
determination will be made by the director of community development;
(9) Is for the removal of overhanging vegetation and fire hazards or for removal of blackberry vines or dead, dangerous
or diseased trees when authorized by the building official;
(13) Complies with all of the following criteria:
a. The subject property contains a permanent building or an active use.
b. The land surface modification will not change the points where the stormwater or groundwater enters or exits the
subject property; and will not change the quality, quantity, or velocity of stormwater or groundwater.
c. The land surface modification is outside any area that is within the jurisdiction of section 22-1221 et seq.
d. In any one-year period, not more than 100 cubic yards of fill material is deposited on, excavated and removed
from or moved from place to place on the subject property. If the subject property is larger than one acre, the limit is
100 cubic yards within each acre.
e. No trees defined as significant trees will be removed and no vegetation will be removed if that vegetation was
required to be retained by or through any development permit issued under this chapter or any prior zoning code.
f. If the subject property is two acres or larger and has 20 percent or more of its area covered with native vegetation,
the land surface modification will not remove more than 20 percent of that native vegetation. The limitations of this
subsection apply to all land surface modification on the subject property over time.
g. The land surface modification will not result in more than a two-foot increase or one-foot decrease in the average
elevation of the subject property, computed using the elevation of the midpoint of each property line.”
• FWCC Section 22-1568(b) defines significant trees as:
(1) Twelve inches in diameter or 37 inches in circumference measured four and one-half
feet above ground; and (2) In good health; and (3) Not detrimental to the community (e.g. is not diseased, dying, or
likely of falling into public open space or right-of-way, etc.) or obscuring safe sight distance requirements. Significant
trees shall not include red alder, cottonwood, poplar or big leaf maple.
• FWCC Section 22-1094 addresses situations that do not meet the requirements of Section 22-1093:
“(a) Generally. A land surface modification that does not meet the requirements of section 22-1093 may be approved
through process I.
(b) …[contains submittal criteria]…
(c) Decisional criteria. The city may approve the proposed land surface modification if it complies with the following criteria:
(1) Except as allowed under this chapter, it will not alter or adversely affect streams, lakes,
wetlands or significant trees, either on or off the subject property.
(2) It will not violate any express policy of the city.
(3) It meets at least one of the following criteria:
a. It is necessary to correct an erosion or drainage problem on an undeveloped site.
b. It is necessary to create new utility or access corridors.
c. Other unusual circumstances exist which make it reasonable to permit land surface modification in advance of the
issuance of a development permit, subdivision or short subdivision approval or shoreline substantial development permit.”
Mr. Cole Whitehouse
Page 3 of 4
August 11, 2020
20-102529-00-AD Doc. I.D. 80656
The information above indicates areas on the site where tree removal cannot occur. In summary, this includes
areas within wetland buffers (100 feet), the shoreline jurisdiction of Lake Killarney (200 feet), and the site
perimeter screening buffer (40 feet, except 25 feet along Weyerhaeuser Way).
Regarding the logging portion of the proposal, the proposed logging activity on the 3455 344th site cannot be
permitted as it does not meet criteria listed above and contained in FWCC Sections 22-1093(13)(e) (the
proposal involves removal of significant trees) or 22-1094(c)(3) (tree removal is not necessary to correct an
erosion or drainage problem on an undeveloped site, is not necessary to create new utility or access corridors,
and unusual circumstances do not exist which make it reasonable to permit land surface modification in
advance of the issuance of a development permit, subdivision, or short subdivision approval or shoreline
substantial development permit).
Regarding the proposal to improve security, elements of this proposal could meet applicable code
requirements and be achievable. Keep in mind the areas where tree removal cannot occur as discussed above,
in proximity to Lake Killarney, wetlands, critical area buffers, and site perimeter buffers. There are options
within the code for the proposed tree removal for security purposes on both the 3455 Weyerhaeuser and
34834 344th sites. The proposal may qualify as action which must be undertaken to prevent an imminent
danger to public or private property, and is for the removal of overhanging vegetation and fire hazards or
dead, dangerous, or diseased trees. In order to proceed with this action, you will need to submit the following:
a written Request for Administrative Decision (AD), a detailed plan for the proposed action (specific locations
of trees, plan for removal, haul route, erosion control, etc.), an arborist report/evaluation of trees to be
removed if they are dead or diseased, documentation of criminal activity (security company reports/Federal
Way PD), and the AD fee to the Permit Center.
Removal of trees within the developed portions of the sites potentially involves removal of landscaping that
was required to be there as part of their development, such as site perimeter landscaping and parking lot
landscaping. FWCC Section 22-1567(b)(1)(a)(ii) requires 22 square feet per parking stall of Type IV
landscaping to be provided in the parking lot. Per FWCC Section 22-1565(d)(2), one tree per landscape island,
up to 150 square feet in size, shall be planted, and one additional tree shall be planted for landscape islands up
to 305 square feet in size. Site perimeter landscaping required by the CZA is 40 feet in width, except 25 feet
along Weyerhaeuser Way. Tree and vegetation removal cannot create non-conforming landscaping.
Depending on the scope of this project, replanting may be required, which will require review and approval
of a professionally prepared landscape plan.
Regarding the scope of tree removal, there are additional regulations that may apply. Per FWRC Chapter 19.120
and Chapter 76.09 RCW, a Class IV – General Forest Practices Application (FPA) must be submitted to the
city whenever more than 5,000 board feet of merchantable timber is harvested from a property. If an FPA is
required, then a State Environmental Policy Act (SEPA) checklist is also required. Tree removal on the site may
also require plans showing, at a minimum, temporary and permanent erosion control and site restoration.
Another option instead of, or in combination with tree removal, is to limb trees up from the bottom to create
better visibility, similar to what was done on the IRG property near the Technology Center. That proposal did not
involve taking out significant trees. A copy of the letter approving IRG’s brush clearing is enclosed for reference.
In conclusion, logging cannot be permitted, but there is a process for the tree removal for security purposes.
The next step would be to prepare and submit the items requested above (also see the enclosed materials).
Mr. Cole Whitehouse
Page 4 of 4
August 11, 2020
20-102529-00-AD Doc. I.D. 80656
Please note that the Department of Community Development is implementing safety protocols and
modifying our services. As a result, our doors will remain closed for in-person business. Staff will be able to
serve customers electronically by email (permitcenter@cityoffederalway.com), by electronic submittal
(Document Upload Link or https://www.cityoffederalway.com/node/4588), or by phone (253-835-2607).
This practice is intended to help protect our citizens, customers, and staff from potential exposure to the
virus. We thank you for your understanding in this matter.
If you have questions regarding this letter contact me at 253-835-2634, or stacey.welsh@cityoffederalway.com.
Sincerely,
Stacey Welsh, AICP
Principal Planner
Enc. Request for Administrative Decision (Bulletin #079)
Forest Practices Information (Bulletin #071)
Forest Practices Application (Bulletin #072)
SEPA Checklist (Bulletin #050)
Greenline AD Approval, 12-1-17