Comments
of Ken Karch, PE, and
Erika Paduano-Karch, LMFT
on a
Proposal to Create a
16-Lot PDD at 7701 Ruby Drive SW
In Lakewood, WA
September 28, 2017
These are the
comments of Ken Karch and Erika Paduano-Karch on a proposal to create a 16 lot
PDD at 7701 Ruby Drive SW, in Lakewood, WA.
The following
comments relate to the information provided by the applicant in response to the
SEPA environmental checklist. Citations
are from the submitted document.
Item A8
indicates that an arborist will review existing trees in regard to
health and significance for tree preservation. We encourage such a review
wholeheartedly. Based on our experience it seems clear that many of the
existing trees will become highly stressed as a result of construction and may
not survive.
Item B1
indicates the site is generally flat, with the steepest slope being
approximately 5%, and that the general type of soil on the site Spanaway
Gravelly Sandy Loam. We believe these statements are correct.
Item B1d
indicates that there is no surface indication or history of unstable soils in
the immediate vicinity of the site. Although this is generally true it fails
to mention the extreme slump which occurred along Zircon Drive approximately
100 yards west of the current site in which governmental authorities were
required to repair a sewer line and manhole and dump considerable amounts of
fill along the north side of Zircon Drive. Reference to that slide just years
ago, and any studies that were made as a result of that slide, should be made
part of this environmental assessment.
Item B1f
indicates that there is only a minor risk of erosion at the time of clearing
and construction of the project and indicates that a temporary erosion and
sediment control plan will be implemented as part of the site development
plans. We believe this is clearly needed.
Item B1g
indicates that approximately 41% of the site will be covered with impervious
surfaces after full buildout of the 16 lots and that an overall 33% of the site
will be covered with rooftop impervious surfaces. This represents a very
high impervious ratio and will require substantial stormwater mitigation
efforts some of which are described in item B1h.
Item B1h references
a temporary erosion and sediment control plan and a project construction
stormwater pollution prevention plan. We recommend that these plans be
carefully scrutinized, made a part of the conditions of any permit issued, and
vigorously enforced during the construction phase of the project. However, this
provision only applies to the construction phase and there is no reference to
stormwater runoff problems resulting from the completed project. These are
likely to be substantial in view of the high level of impervious this mentioned
in item B1g.
Item B2a
indicates minimal air quality problems other than those arising from the
construction. We recommend strongly that any permits for construction
explicitly incorporate dust suppression systems during construction. We
also strongly recommend that any permit exclude the ability to install or
use uncontrolled fireplaces in the 16 units comprising the project. We made
the same recommendation related to the proposed Ruby Apartments project three
years ago.
Item B3a water
quality - we have no concerns.
Item B3b
relating to groundwater references that stormwater runoff produced by the new
single-family homes are currently proposed to infiltrate into underlying soils
to meet stormwater regulations of the City of Lakewood. Further down in Item B3c
reference is made to the high degree of runoff generated from impervious
surfaces including driveways sidewalks and rooftops and indicates that runoff
is “expected” to be mitigated through individual infiltration trenches on
each lot. We believe strongly that there should be a mandatory requirement
as a condition for granting the construction permit.
Item B3d
indicates that onsite stormwater management BMPs (best management
practices) will be utilized to fully mitigate stormwater runoff potential by
infiltrating stormwater into the underlying soils. Again we urge that this
be a mandatory provision of the permit issuance.
Item B4
relating to plants indicates that 70% of the existing vegetation will be
removed or altered, and mention specifically the existence of Oregon white oak (Garry
Oaks), which is a protected species. We have no particular expertise in this
area and leave it to others. We note
that in the next section a landscape plan and a tree retention plan are
included with the proposal. We have not seen either and urge the creation of
such plans and their addition as a required provision of the permit along
with necessary enforcement provisions as a condition of the permit
Item B5 regarding
local animals is deficient
indicating only songbirds have been observed on or near the site or are known
to be on or near the site. Residents of the community have often mentioned
observing hawks, herons, eagles, deer, coyotes, and raccoons in the vicinity of
the site, as well as squirrels and rabbits. We don’t know of any threatened
or endangered species known to be on or near the site but others may have more
information on that issue.
Item B6 on
energy and natural resources indicates electric energy and natural gas service
the site are used for heating and residential uses. In view of the frequent air pollution alerts
in the area, we would again urge as a condition of the permit that no wood
stoves or fireplaces be permitted in the project.
We also applaud
the expressed commitment to the meet the minimum energy efficiency standards of
the Washington State Energy Code listed identified in item B6c.
Under Item 7
relating to environmental health, sub-items a1 and a2 are incorrect. This
property lies within the zone known to have received airborne contamination
from the Tacoma lead smelter in the past in the form of lead, arsenic, and
other heavy metals. The Department of Ecology requires certain testing
and mitigation measures to be applied under such circumstances, and were
said to have required analysis and mitigation as part of the Ruby Apartments
proposal three years ago, though we have not seen evidence that they were ever
done. These requirements should be made a mandatory requirement of any issued
permit for this project as well.
Item B7a3
indicates that no toxic or hazardous chemicals that might be stored, used, or
produced during the project development or construction or at any time during
the operating life of the project be identified; and indicates that none are
known. In fact, gasoline, oil, and other chemicals from motor vehicles, lawn
chemicals, and landscaping chemicals will almost certainly be used during the
operating life of the project and should be acknowledged.
Item B7a4 asked
what special emergency services may be required, and the response is none are
known. In fact, police, fire, and/or EMS services may be required following release
of toxic or hazardous materials during or after the construction of the
project.
Under Item B7b the
proposal indicates that traffic noises are the only ones to be generated
from vehicles traveling on Zircon Drive SW and Ruby Drive SW. In fact, most
residents of this community have heard periodic chopper and aircraft overflights
from time to time in the area. These are outside the scope of the city of
Lakewood to control.
Item B8
relating to Land and Shoreline Use indicates that the current zoning
classification is R3, but fails to indicate the current comprehensive plan designation
of the site. A major issue which will be raised by the Fourth Addition Homeowners
Association will almost certainly be the conflict in zoning between the R3 zone
adopted by the City of Lakewood and the covenants adopted many years ago as
part of the provisions of the Fourth Addition. A 2005 Washington State Supreme
Court case (VIKING PROPERTIES) has held that in such circumstances the
association covenants may trump zoning requirements of cities. This is specifically referenced in sub item l.
In Item B12
entitled Recreation, in response to what designated and informal recreational
opportunities are in the immediate vicinity, the applicant cites the Oakbrook
Golf Club, which is a private club not available to the general public for uses
other than golf. There is a paucity of general recreational areas in the
vicinity of this project, which we have commented on in our earlier comments
about the Ruby Apartments project, urging that the city or other entities
acquire and manage the site for recreation purposes. This proposal
indicates that the proposed project would not displace any existing
recreational uses. While this is literally true at the present time, the
site was a recreation center which included a swimming pool and tennis courts
in the past and was available to the general public. The proposal indicates
that it was ”moved” as a part of a previous development, but, in fact, it was demolished and not replaced
elsewhere. If the PDD project is permitted we do urge retention of as
much of the partial and open space and active recreation as possible. We urge again that the City or other
entity acquire the lot for public recreational purposes.
Item B14 entitled
Transportation, sub-item d requests information on any new, or improvements to,
existing roads, streets, pedestrian, bicycle, or State transportation
facilities. The applicant indicates that none are known at the current time. In
fact, the earlier proposal for a large apartment complex on the site
included provisions for widening Zircon and Ruby Drives, and providing curbs
and sidewalks, which do not appear, or be mentioned, as part of this
proposal. As this is an area frequented
by walkers, joggers, bicycle riders, and pet walkers, and is frequented by
seniors, curbs, gutters, and sidewalks are an important safety feature, and
should be incorporated as part of the requirements for approval of the plan.
In Item B16
entitled Utilities, the applicant has noted electricity natural gas water
telephone and sanitary sewer service but has failed to circle refuse service
which is available through LeMay under contract.
Ruby 62 PDD Narrative
In the document
entitled Ruby 62 PDD narrative, the applicant indicates that a preliminary
draft of the CC&Rs for the Planned Development District is attached.
This is, of course, only a proposal which was presumably intended to replace
the CC&Rs adopted many years ago by the Fourth Addition. This conflict
raises potential legal questions, and is likely to be adjudicated in court.
The following
paragraph in the narrative indicates that the PDD proposal will also allow for
a large open space with active recreation facilities to be installed for not
only the future development but also the surrounding community. When we first
saw this statement we questioned the use of the word “large” and “active.” The
reserved 0.57 acre open space is clearly not large, although the list of
planned structures, benches, tables, and pathways would probably fit the
definition of “active.” With adequate regular maintenance there is no doubt in
our mind that the site would be usable and used by neighbors outside of the
project itself.
We appreciate
the chance to offer these comments, even under severe time limitations, and ask
the City to carefully consider and implement them.
The above comments are ours alone, and not those of any organization
to which we belong.
_____________________________ ______________________________
Kenneth M. Karch, PE Erika
Paduano-Karch, LMFT
About the Commenters
Ken Karch and Erika Paduano-Karch are, and have been since 2007,
owners and residents at 7419 Zircon Drive SW, Lakewood, WA 98498.
Ken is a
licensed professional engineer, with a Bachelors degree in Civil Engineering
from Illinois Institute of Technology, and Masters degrees in Civil Engineering
and in Public Health from the University of Michigan, with specialties in
environmental engineering, natural resource management, public health, and
urban and regional planning. He also completed Columbia University’s Executive
Program in Business Administration.
Ken has extensive environmental experience with a local health
department and a regional planning agency, before being appointed to head the
Iowa and Missouri departments of environmental quality. In 1977 Ken joined Weyerhaeuser as Washington
State Environmental Affairs Manager, and later was named a national Regulatory
Affairs Manager for the company. He
retired from the company in 2000 as Director of Corporate Quality. He served two years as Chair of the Seattle
Metro’s Citizen’s Water Quality Advisory Committee, taught environmental
quality at the University of Puget Sound, and served on a King County citizen’s
committee for planning for southeast Federal Way, before acting as campaign
manager for the 1985 Federal Way incorporation effort. After retirement, Ken served as a Board
member, President, and General Manager of a 2000-member homeowners’ association
in Pacific County, as Land Manager for the Nature Conservancy for the Ellsworth
Creek Project in Pacific County, and as a Board member of the private water
supply serving Ocean Park, WA. He is currently President of the Oakbrook
Townhouses, Inc., a homeowners’ association.
Erika is a
licensed marriage and family therapist with a Bachelors degree in Social Work
and Psychology from the University of Maryland, Baltimore campus, and a Masters
degree in Marriage and Family Therapy (MFT) from Pacific Lutheran University. She is a clinical member of the American
Association of Marriage and Family Therapists.
She has had an MFT practice in Federal Way for the past 20 years, and
has practiced in Lakewood, University Place, Ocean Park, and Aberdeen. She has also served as member and chair of a
community relations committee in Ocean Park.
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