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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 N7 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