16-103469 ` CITY OF 3332fA1LIE.15
Federal Way Federal Way,WA 98003-6325
(253)835-7000
www.cityoffederalway.corn
Jim Ferrell, Mayor
August 9, 2016
Sun W. Hwang
32604 45th Court SW
Federal Way, WA 98023
RE: Permit#16-103469-00-AD; HWANG ZONING INQUIRY
32604 45th Ct SW,Federal Way
Dear Mr. Hwang:
The City of Federal Way has received your request for information regarding the above-mentioned
property. Your questions are below in boldface font, with staff responses following.
1. "What are the exact restrictions on my property if there is any? In other words, please explain
what I cannot do as well as what I can do on my property."
Staff Response: Your property is zoned Single Family Residential (RS 7.2), which allows for
primarily single family dwellings and accessory uses.The property contains critical areas,consisting
of a wetland and a stream, and there are requirements for development on and use of properties which
contain critical areas. Wetlands and streams have required buffers around them and allowed activities
within these areas, including vegetation removal, is limited. The size of the buffer depends on the
quality of the habitat. The City adopted an updated Critical Areas Code in June 2015, which contains
a revised buffer rating system. A property owner is responsible to hire a consultant to assess and rate
the critical areas on their site. The City will review the report and have our third party consultant
conduct a peer review at the applicant's expense. At that point the extent of the buffers would be
known. This is a very general overview of requirements,and we can respond to specific questions,
some of which you have listed below.
2. "Would it be okay to eliminate the bushes and a few trees on my property to make other trees
grow better? There are too many trees and bushes with thorns on the site. I'd like to walk along
my property,but it is not possible to do it because it is too thick."
Staff Response: Properties in the City are required to maintain a certain number of tree units. See the
enclosed handout to determine how many tree units are required on your property,based upon its
size. As your property contains a wetland and stream, tree removal and vegetation clearing are not
exempt from the Tree Code requirements and that activity requires written permission from the City
per FWRC 19.120.030.9. Please also review the Critical Areas Code Exemptions and Partial
Exemptions sections below. Partially exempt activities require written permission from the City prior
to the owner conducting the work.
Pursuant to FWRC 19.145.1 10, Exemptions "The following activities and developments are
exempt from the provisions of this chapter. All exempted activities shall use reasonable methods
to avoid potential impacts to critical areas. An exemption from this chapter is not an endorsement
ro-
Mr. I!wane
August 9,2016
Page 2
to degrade a critical area; ignore risk from natural hazards; or otherwise limit the ability of the
director to identify and abate such actions that may cause degradation to a critical area. (7)
Removal by hand of invasive and noxious vegetation. Removal by hand does not include using
mechanical equipment or the use of herbicides. "
.Pursuant to 19.145.120, Partial Exemptions.
•
"The following activities are partial exemptions to the provisions of this chapter and require
written approval from the director:
(3)Normal maintenance and continuation of existing landscaping and gardens that were legally
established prior to city incorporation. This partial exemption shall be documented by
photographs, statements, and/or other evidence provided by the applicant.
(6) Removal of invasive and noxious vegetation with mechanized equipment and/or with the use
of herbicides.
(7) Vegetation maintenance such as hazard tree removal, removal of nuisance vegetation, and
limited pruning for view preservation. The applicant shall submit a vegetation maintenance plan
prepared by a certified arborist or registered landscape architect that includes the following:
(a)A site plan at appropriate scale denoting the extent of the proposed vegetation maintenance
activity;
(b) Tree and vegetation location, type, and caliper of each tree within the area subject to the
proposed vegetation maintenance activity;
(c) Identification of methods of vegetation maintenance (limited to hand tools and hand powered
tools); and
(d) Proposed tree and/or vegetation replacement shown on the site plan. "
3. "I'd like to set up a fence on the land line of my property, because I do not want people to
trespass [onto] my property without a good reason. Please tell me what I have to do to set up a
fence on my property."
Staff Response: Fences 6 feet and under are allowed without a permit. Per FWRC 19.125.120, barbed
wire is permitted only atop a fence or a wall at least six feet in height or between two agricultural
uses. Per FWRC 19.125.140, razor wire fences are prohibited in the city. However, fences cannot be
placed within critical areas or their buffers.
4. "There is a bus stop (for route 187)over the fence.On my property,there is a gate toward the
Hoyt Road, but the gate seemed to have been abandoned for a long time. I don't know why,
because the previous owner did not tell us anything about it. Can I remove bushes and brushes
[vegetation] in front of the gate to have access to the Hoyt Road?Otherwise,it takes me 15
minutes to get to the bus stop even though I live at the place,just 30 yards away from the bus
stop."
Staff Response: The tree and vegetation removal is addressed under question#2 above. You will also
want to check with the Public Works Division about access to Hoyt Road; contact Kathy Mathena at
253-835-2725.
In summary,your property has critical areas that you will need to get professionally assessed before any
tree and vegetation removal can be applied for and approved. A Request for Administrative Decision
(AD) form is enclosed. Once you have the critical areas reports ready for the City to review, submit them
along with the AD form and request the reports be reviewed along with your tree removal request. The
I G-103.1G9 Doc.I.D.74237
Mr. Hwang
August 9,2016
Page 3
tree removal request will need to have a site plan identifying the locations of planned removal along with
an arborist's report assessing the trees to be removed within the critical area buffers.
If you have any questions regarding this letter, please contact me at 253-835-2622, or
david.lee@cityoffederalway.com.
Sincerely,
David L. Lee
Planning Intern
enc. Calculating Tree Units(Bulletin 073)
Request for Administrative Decision Application(Bulletin 079)
I6-103469 Doc.ID 74237
ADS
RECEIVED RECEIVED BY /03(.4,7-
COMMUNITY & ECONOMIC
JUL 15 2016 DEVELOPMENT DEPARTMENT
JUL 112016
CITY OF FEDERAL WAY July 7, 2016
CDS
Mr.Michael Morales
Director
Community Development Department
City of Federal Way
33325 8th Ave. South
Federal Way,WA 98003
Dear Mr.Morales:
My name is Sun W. Hwang,currently residing at 32604 45`h Ct. SW, Federal Way,WA 98023
(Parcel Number: 873218-023o). My wife Jongwon, my son Euisoon,and I bought this property
and moved in on August 11,2015.
I am writing this letter to ask a few questions on my rights related to this property.I found a
great portion of the property land has been unfenced and seemed abandoned with bushes and
trees like a jungle. My questions are as follows:
1. What are the exact restrictions on my property if there is any?In other words,please
explain me what I cannot do as well as what I can do on my property.
2. Would it be okay to eliminate the bushes and a few trees on my property to make other
trees grow better?There are too many trees and bushes with thorns on the site. I'd like to
walk along on my property,but it is not possible to do it because it's too thick.
3. I'd like to set up a fence on the land line of my property,because I do not want people to
trespass my property without a good reason. Please tell me what I have to do to set up a
fence on my property.
4. There is a bus stop(for route 187)over the fence.On my property,there is a gate toward
the Hoyt Road,but the gate seemed to have been abandoned for a long time.I don't
know why,because the previous owner did not tell us anything about it.Can I remove
bushes and brushes in front of the gate to have access to the Hoyt Road?Otherwise,it
takes me 15 minutes to get to the bus stop even though I live at the place,just 3o yards
away from the bus stop.
I am looking forward to hearing from you very soon.Thank you in advance.
Best regards,
Sun W. Hwang /av ,.>/-----(11--1
32604 45th Ct.SW
Federal Way,WA 98023
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