Statement of Kenneth M.
Karch, PE
President, Oakbrook
Townhouses, Inc.
at the Public Hearing on
September 3, 2014
Before the City of Lakewood
Planning Advisory Board
in the Matter of CPA-2014-01
7701 Ruby Drive SW
Proposal to Redesignate the
Subject Property
on the Future Land Use Map From Multifamily to
Single Family, and
Rezone It from Multifamily 1
(MF1) to Residential 3 (R3)
My
name is Kenneth M. Karch. I am a
licensed professional engineer residing at 7419 Zircon Drive SW, in Lakewood, and
am President of Oakbrook Townhouses, Inc., a homeowners association formed
April 11, 1968 prior to the enactment of certain laws of the State of Washington
relating to condominiums or townhouse associations, and commonly referred to as
the 65 properties with odd-numbered addresses from 7407 through 7813 Zircon
Drive SW. I am testifying in my capacity
as President, on actions of the Board of Trustees of Oakbrook Townhouses, Inc.
Following notice of a comment period on the City’s
determination of non-significance on the proposed redesignation and rezoning of
the subject property, the Oakbrook Townhouses Board
of Trustees, at its August 11, 2014 meeting, determined to support
the City's determination of non-significance (DNS) for the rezoning of tax
parcel 6430403850 from multifamily to single family (MF1 to R3). A copy of the email submitted to David
Bugher, Community Development Director, on August 14, 2014 in attached, and I
request that it be made a part of the record of this hearing.
The Board’s support is based on the
following:
1. 7701
Ruby Drive SW is fully included within the Oakbrook 4th Addition, and is
therefore subject to the covenants and restrictions of the 4th Addition.
Rezoning this property to R3 will follow the community vision that has been in
place since 1966.
2. Oakbrook
Townhouses, a townhouse community of 65 individually-owned units in 12
buildings, commonly known as addresses from 7407 to 7813 Zircon Drive SW, lies,
in part, immediately adjacent to the 7701 Ruby Drive SW site. Rezoning to R3
would be consistent with the community vision of Oakbrook Townhouses, Inc.
3. A
rezone to R3 is consistent with City policy to encourage development of single
family residential homes; reduce the ratio of multifamily to single family
residences; and to protect the quality and value of existing single family
residential neighborhoods.
4. We
understand that the developer was provided written legal notification of the
Protective Covenants of the 4th Addition on March 27, 2014, and that,
notwithstanding, on June 2, 2014 the developer purchased the property through
his LLC, Ruby 62 Holdings, LLC.
5. On
February 24, 2014, the three Homeowners' Associations, including Oakbrook
Townhouses, Inc., representing over 500 homeowners surrounding the 7701 Ruby
Drive parcel, expressed their strong concerns regarding a proposed multifamily
development on the parcel.
6. We
also understand that, on March 3, 2014, the Oakbrook 4th Addition HOA,
representing over 320 homeowners, formally requested the rezoning of this
parcel from MF1 to R3. The Oakbrook
Townhouses, Inc. Board of Trustees, at its August 11, 2014 meeting, also
supported that request.
Also attached is a copy of the letter signed by the
three Homeowners’ Association Presidents, dated February 24, 2014, and
hand-delivered that day to the City, on the matter of the possible multifamily development
of the subject parcel. I request that
that letter also be made a part of this hearing.
Although Oakbrook Townhouses lies within an area
designated Multifamily, based on zoning by the City of Lakewood on or around
2001, there are a number of differences
between Oakbrook Townhouses (OT) properties and rental units which would
otherwise be allowed without a zoning change at 7701 Ruby Drive SW:
1. OT properties are owned by individual
property owners; rental units would not be owned, but rented or leased
2. OT property owners are either owned
outright or largely encumbered by long-term mortgages, not by short-term rental
agreements or leases; average length of residence of current OT owners is more
than 11 years
3. OT properties are (for the most part)
owner-occupied; latest information (2014) shows that only 9 of 65 OT units are
rented
4. OT owners are responsible in full, for the
internal condition of their respective premises (the HOA is responsible for
most external maintenance (roofs, gutters, painting, driveways,
sidewalks, etc.)); owners must pay individually for any internal
updates, remodels, kitchen and bathroom updates, room reconfigurations,
painting, carpeting, plumbing, electrical, HVAC, etc.)
5. OT owners have been granted the ability to
make certain external modifications to decks, windows, sliders, room
additions, landscaping, etc., but all such changes from original construction
become the owner’s responsibility for repair and maintenance
6. OT owners are rewarded for any increase,
and responsible for any decrease, in value when their unit is sold
7. OT properties back up (on the north, and
down a steep slope) to Chambers Creek (to the Creek centerline), and are thus
not susceptible to additional development to the north
8. At least 27 OT property owners have had,
and enjoy today, unobstructed views to
the south since the late 1960s of the open space which constitutes the 7701
Ruby Drive SW property, which is the subject of this rezoning proposal, due to
its past use as a recreational site featuring three tennis courts, a swimming
pool, and a small, one story pool equipment and changing room building
9. All of Oakbrook Townhouses is intended for
single family residences, as is explicitly stated in our Declarations and
Bylaws, adopted in 1968 and which read, in part, as follows:
“…The site plan consists of twelve Townhouses encompassing a total of 65
Dwelling Units. A “Townhouse” means a building containing two or more Dwelling
Units which share one or more common walls with other Dwelling Units and with
each Dwelling Unit individually occupying an individually owned Lot. A "Dwelling Unit" means any
portion of a Townhouse designed and intended for use and occupancy as a
residence by a single family…”
(emphasis added)
10. The declaration of covenants and the bylaws
of OT predate State of Washington laws governing homeowners associations (now RCW64.38);
the Growth Management Act; the incorporation of the City of Lakewood; and the
adoption of current zoning by the City for the parcel at 7701 Ruby Drive SW.
11. Finally, the Washington State Supreme Court
found in 2005 in Viking Properties v. Holm, that density limitations in
subdivision covenants are enforceable and take precedence over local zoning.
All
of these differences make Oakbrook Townhouses, while currently zoned
Multifamily, much more akin to the single family dwellings of the 4th
Addition along Ruby Drive, than to any conceivable multifamily development at
7701 Ruby Drive SW.
Lastly,
the lengthy City report on the proposed changes to the land use plan contains
mailed and emailed comments from 6 OT homeowners, plus two individual Board
members, all in favor of the proposed rezone at 7701 Ruby Drive SW. Combined with the unanimous vote of seven
Board members on August 11, 2014 supporting the rezone, the expressed views of
the OT membership are clear.
I urge the City to move ahead with the proposed
rezone. Thank you for your consideration
in this matter.
Kenneth M. Karch, PE
President, Oakbrook Townhouses, Inc.
c/o Northwest Properties, Inc.
9527 Bridgeport Way SW
Lakewood, WA 98499
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