04-103084CITY OF
�. Federal
August 30, 2004
Mr. Charles Draper Jr.
2100 West Comodore Way
Seattle, WA 98199
FILE
CITY HALL
Way 33325 8th Avenue South • PO Box 9718
Federal Way, WA 98063-9718
(253) 835-7000
www.cityoffederalway.com
RE: File #04-103084-000-00-AD; DRAPER WETLAND INQUIRY
King County Tax Parcel # 082104-9258
Dear Mr. Draper:
I have been asked to respond to your August 2, 2004, request for clarification of the wetlands on your
property. You have incluircd as to the type and location of wetlands on your property and what setback
requirements apply to the property.
In 1999, the City of Federal Way hired Sheldon and Associates to conduct a wetland inventory of all
properties located within the City of Federal Way. According to this inventory, there are three wetlands
located in the center of the above referenced property. Two of the wetlands are identified as Category III
wetlands; the southerly wetland is unclassified'. The 1999 wetland inventory did not determine the
specific location of wetlands nor did it involve wetland analysis; it only determined if a site contained
wetlands and potential categorization.
Pursuant to Fecleral IT'cry City Code (FWCC) Section 22-1357(a)(3), Category III wetlands are ,greater
than 2,500 square feet in area and do not exhibit those characteristics of Category I or Category 11
wetlands. Category III wetlands have 50-foot buffers for those wetlands that are larger than 10,000 square
feet in area, and 25-foot buffers for wetlands that are between 2,500 square feet and 10,000 square feet in
area. Wetlands that are smaller than 2,500 square feet in area are not regulated under the FWCC.
In order to determine the specific parameters of the wetlands located on your property, a qualified
wetland biologist mast prepare a wetland delineation in conformance with the standards of FWCC
Section 22-1356(b) (enclosed). The delineation will identify the exact location of the wetlands, determine
the size and type of wetland. Based on this information, the wetland delineation will clarify the wetland
buffers.
Please be advised that the City does not have a wetland biologist on staff. The City's wetland consultant
tray be asked to review the wetland delineation at the expense of the applicant.
If it is determined that there are unregulated wetlands on the subject site, filling of those specific areas
would be permitted only in conjunction with an approved development application. A preapplication
1 Prior to 2000, the City regulated all wetlands, and imposed a 100-foot buffer on those wetlands regardless of the size of the
wetland. The City adopted three -tiered wetland categorization in 2000, after the wetland inventory was completed. The three
wetland categories, Category I, II, or III, imposes buffers of 200 feet, 100. feet or 25 to 50 feet buffer, respectively. The City does
not regulate wetlands smaller than 2,500 square feet.
Mr. Draper
August 30, 2004
Page 2
conference is required for any development application for the subject site. A handout on the
preapplication conference process is enclosed as well as environmentally sensitive area code references.
I hope this letter meets your expectations. Please do not hesitate to contact me at 253-835-2642 if you
have any questions about this letter.
Sincerely,
Deb Barker
Associate Planner
enclosures
04-103084 Doc. LD. 28565
BDPaRr+uE
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AUG ® 3 2004 Charles Draper Jr.
rl ... (.)3 OV Yl - A 2100 W. Commodore Way
Seattle, Wa 98199
206.282.5555
CERTIFIED MAIL
August 2, 2004
Mr. Greg Fewins
City of Federal Way
P.O. Box 9718
Federal Way 98063-9718
RE: Property Valuation of Parcel number 082104-9258 (Address: 100 S. 3201h Street, Federal
Way, Washington 98023) being re -assessed by King County Assessor
Dear Mr. Fewins
I write this request for clarification of lands that are classified as wetland by the City of Federal
Way and are being used for King County Assessor's valuation purposes. The clarification
includes two basic issues. First the issue is what and where are the significant wetlands on .our
property according to the City of Federal Way. The second issue is what is the maximum
required wetlands setback for future development of our property according to the City of
Federal Way.
['spoke to Mr Jim Harris of the Federal Way Engineering Department. He indicated .a written
request to the -City of Federal Way, to your attention, is mandatory before any answers can be
forwarded from the City of Federal Way.
Recently the King County assessor's office re -valued our property located on the north side of
3201h and between 1" Ave. and 41h Ave. (i.e. 100 S. 3201h Street) in the City of Federal Way.
Mr. Robert Rosenberger, King County Assessor (206.205.6612) is the assessor assigned to the
region of Federal Way where our property is located. He is responsible for establishing the
property valuation.
He discovered a portion of our property has wetland classifications claimed by the City of
Federal Way. He told me he contacted "Heather" at the City of Federal Way Engineering
Department the week of July 26 to review the extent of the wetlands on our site. His valuation
of the subject property included an analysis of recent sales of similar property in the area as well
as how the property is affected by wetlands. For our property valuation, the assessor has used
existing documentation supplied by the City of Federal Way indicating three specific areas of
wetlands located on our property.
"Heather" informed him that only two of the three wetland areas were °critical' and the third
wetland located adjacent to 32&h was not critical and of no significance. Mr. Rosenberger has
therefore considered the third wetland area adjacent to 320'h as if it does not exist. Mr.
Rosenberger told me that he is treating the third wetland area as if it is dry and developable
without any stigma of wetland. This classification would therefore allow the property owner to
have great latitude and access onto the property from 320'h and correspondingly would increase
the property value.
August 2, 2004 1 City Federal Way EngrValuation
Heather also indicated to Mr. Rosenberger that a maximum of a 50-foot setback would be in
order for the other two -wetland areas on the property and that no additional wetland setback
would be required. Wetland setback adjustments are important to be known. In some
instances in Federal Way, the City has determined a 1 00' setback is required. In our case,
"Heather' of the City of Federal Way has told the King County Assessor that the setback would
be only a maximum of 50 feet. A 50-foot setback maximum allows greater developable area
and therefore would increase the property value.
The King County assessor is using the information furnished by the City of Federal Way as the
assessors guide for property valuation. The City of Federal Way is indicating to the King County
Assessor what wetlands exist on our property, the wetland significance, and the size of wetland
setbacks. The information being furnished to the Assessors office directly affects the valuation
and usability of our property.
We wish to clarify with King County and the City of Federal Way that the City of Federal Way
would in fact only use a 50 foot maximum setback on the two wetland areas indicated by the
City of Federal Way as "significant wetlands" and that the third wetland (located adjacent to and
north of 3201h roadway) on our property in the City of Federal Way's survey is, in fact, non-
significant, and that it can be filled. Filling would allow that area of the property to be utilized for
development. Obviously if the land cannot be immediately filled (subject to a grading permit)
then the property must be affected by the Federal Way claimed wetland and a property
devaluation is in order.
Please forward us written conformation that the City of Federal Way will allow filling the wetland
along 320" and that the maximum setback necessary around the remaining two City of Federal
Way documented wetland areas on our site is 50 feet.
If this is not the case, then please let us know:
1. the wetland setback distance we can expect if our site were to be developed according
to the City of Federal Way,
2. why the third wetland area adjacent to 320th can not immediately be filled (subject to a
grading permit), and
3. what needs to be accomplished in order to fill the 320th wetland area according to the
City of Federal Way.
Time is of the essence. The King County Assessors office needs this information to confirm their
valuations. I look forward to your response in the near future.
Respectfully
Charles Draper Jr.
August 2, 2004 2 City Federal Way EngrValuation