12-104503CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www.cityoffederalway.com
Mr. Donald Barovic
35935 Pacific Highway South
Federal Way, WA 98003-7421
FIT7MUTM
This letter responds to your October 2, 2012, inquiry regarding establishing a "tree farm" at the address
noted above. Supplemental information was submitted on November 7, 2012, and considered by staff in
this response. Information submitted included a copy of a July 9, 2007, note from you to former staff
member Greg Fewins, and a hand -drawn sketch of your property showing some areas where you
proposed to spread fill dirt to level an area for a future tree and native shrub planting area. We were
,?.ddressed to Mr. Fewins.
In your initial inquiry you noted that you have historically operated a tree farm on the subject property
and therefore, the tree farm use should be grandfathered and allowed to be continued into the future. On
October 16, 2012, Planning Manager Isaac Conlen and I toured your property and observed the areas on
your site where tree planting has taken place over the last four decades (some areas were planted
approximately 40 years ago and others as recently as the last few years). The nature of this planting does
Iff -wk44wsr&AtiuA_in iclanting -,rattems
to be considered a commercial horticultural, forestry, or agricultural use. There is also no indication of
commercial sales activity associated with tree farming. Therefore, we do not feel the site is vested with a
grandfathered tree farm use.
Your property is zoned Suburban Estates (SE). The SE zone allows for single family development and
agriculture uses. A tree farm may be considered an agricultural use under the Federal WayRevised Code
(FVV`RQ. However, it should be noted that the FWRC does not allow for commercial sales activity on the
site, so any crops, including trees grown on the site, would need to be sold off site.
More notably, your property is located within an area that contains a series of interrelated Category I
Wetlands, a Major Stream (Hylebos Creek), and their associated buffer areas (200 feet and 100 feet
respectively). The combined stream/wetland system and associated buffer areas appear to cover the
majority of your property. Even though a tree farm may be considered an agricultural use and allowable
within the SE zone, traditional agricultural activities are not allowed -within environmentally sensitive
2-.-Ff 162-k Rssf_-iaj�-i 1ussim Wlication of yesticid�s and fertilizers, and
their impact on stream/wetland systems.
File #12-104503-00-AD Doe LD, 62389
VATAWWRINYMMM
Page 2 of 3
December 7, 2012
Staff recommends that if you would like to continue to plant and maintain vegetation on your property
within the designated wetland and stream buffer areas, that you prepare a long-term vegetation
niana and approval. The benefits of such a plan are that it can specify your long
term i4 and maintenance within sensitive areas. If such a plan were to be
appr maintenance could be conducted without additional requests for city
appr is consistent with the approved plan. It appears that much of the designated
buffer area on your property has been cleared in the past and maintained as cleared open space areas. It is
possible that a vegetation management plan could be developed that provides for rehabilitation of the
wetland/stream system and also some economic benefit. It may be possible to plant and harvest trees or
other vegetation in a sustainable manner that would actually be beneficial to the wetland/strearn
ecological system, and an improvement over the current state of the portions of the property that have
been cleared and maintained in a cleared state over the years.
-1 01 MAM"Film" "MMMITIMM-P "IMI'Mylvi 'AMI-27=71
by the city's iew). As stated above such
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a plan may allow for some ongoing planting and harvesting of vegetation in a sustainable manner that
would improve the natural environment over its current state. However, staff cautions that a vegetation
management plan that is protective of the existing stream/wetland system may not be equivalent to the
commercial yield potential that would be associated with a conventional "tree farm." As we have no
specific details for the proposed tree farm (specific size and location on the tree farm and its relation to
sensitive areas, clearing, grading, species of plantings, proposed planting and harvest methods, etc.) we
are unable to assess whether or not what you have in mind could possibly be approved as part of a long-
term vegetation management plan within environmentally sensitive areas.
environmentally sensitive areas and their associated buffer areas.
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File #12-104503-00-AD Doc, LD, 62389
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AD
Isaac Conlen
From: Donald Barovic <barovic4@yahoo.com>
Sent: Thursday, September 27, 2012 4:28 PM
To: Isaac Conlen
Subject: Re: Tree Farm
Thank you Issac, please put me on you list.
Donald Barovic
104_0� CH
Sent: Tuesday, September 25, 2012 5:30 PIVI
Subject: RE: Tree Farm
In answer to your question ` your property is located in the Suburban Estates (SE) zone, which allows "Raising
A(Yricultural Crops". The way that code section is currentiv written it does not allow commercial sales to take place oil
tile lot. I interpret this to boe
mean you can grow trees on the property, ut yu cannot sll from the property on a retai basis
I ?= I
(unless you have a legal nonconforming (grandfathered) right to do so). The code also requires that the property be used
for residential purposes as well. There is a very basic land use approval required in order to raise crops (although if you
have a gorandfathered use, which will not be changing significantly, you would not need such approval).
The firning of your question is interesting because we are currently in the process of evaluating how the zoning code and
the Compr0 ehensive Plan treat agricultural uses, such as Community gardens and small-scale urban agricultural uses. If
you're interested in being involved in this discussion I can put you oil our list and we'll contact you for the next
meeting/f.brum when we C011WILIC this discussion. Let me knov, on that. Give me a call if you'd like to discuss ffirther.
Regards,
Isaac
253 835 2643
From: Donald Barovic Ins giiho-bart �A,J.alj L�&_vah_o 0—C-0-IT01
Sent: Monday, September 24, 2012 4:09 PM
To: Isaac Conlen
Subject: Re: Tree Farm
Issac,
I wanted to know if the zoning of my property parcel #292104-9098-02 would allow for a tree farm. I have
had a tree farm since before Federal Way became a city so I would assume I would be grandfathered in. I do not
have commercial activity.
It would be a christmas tree farm and or other type. I am 84 years old and am looking at possibilities to allow
me to stay on my land and provide a environmentally sound economic activity within the constructs of the cities
rules and regulations. Of course, if there were a business entity involved their would be the obvious regulations,
licenses, permits and whatever else. I just want to know if it is allowed in the event I am able to work a
agreement out to do so.
Sincerely,
Donald Barovic
From: Isaac Conlen <LS m
To: barovic4@yahoo.com"' <barqyJRA.��S��I&ona>
Cc: Patrick Doherty <-La—tricu'llmo
Sent: Monday, September 24, 2012 945 AM
Subject: Tree Farm
rT7,'jK*c MTIT ME T1rg—,c-C#UcK it Y*L *11 JVtf (•J.e Lion 767T =F a Lree Tarin on yfut
property. Could you please provide me with some additional information?
What is the- address -or parcel number? I know you sold some property to Lakehaven recently and I want
make sure we're talking about the right parcel. i
Please describe the tree farm. Christmas trees/ Fruit trees? Would there be retail sales? Anything else you can
tell me about it.
Isaac Conlen
Plannin Manager