Your Turn: North Shore plan still isn't a done deal

Nov 28 2007

By GENE FOSTER, Northeast Tacoma resident

Hundreds of Northeast Tacoma and Federal Way residents gathered Nov. 20 at Meeker Middle School for a briefing on the status of the proposed conversion of the North Shore Golf Course into high-density housing.

The meeting was sponsored by SaveNETacoma, a coalition of NE Tacoma and Federal Way residents. Since the proposed development was first announced in January, this volunteer group led by a core of seasoned professionals has been fighting to stop it.

The audience was composed of both concerned citizens who have been supporting the fight and newcomers who have come to the realization that they and their families will suffer undesirable consequences if this project goes forward.

Save NETacoma has formed a number of sub-committees to provide an ongoing analysis of all the facets involved in the controversy and to keep the public informed. These committees include public relations, environmental, school impacts and contingency. Each of the chairmen of these committees presented a short overview of their status.

• Public relations: Many and varied efforts are under way involving the media, mass mailings, information kiosks and community meetings.

• Environmental: Data is being gathered to support the contention that the golf course does in fact contain a number of wetlands and the headwaters of Joe’s Creek where Federal Way is attempting to restore a salmon run. The developer is attempting to take advantage of Environmental Impact Statements (EIS) written in 1981 in support of early developments surrounding the golf course. If allowed to stand, this would be highly favorable to their cause in that much of the present-day population and supporting infrastructure didn’t exist and the golf course was surrounded by brush and woods. In no way, shape or form does it address current conditions in the community. It is imperative that the City of Federal Way, the Tacoma School District and other concerned agencies join the City of Tacoma in demanding a full EIS using current data to properly vet all of the possible detrimental effects of the largest residential development in the history of Tacoma.

• School impacts: The proposed addition of some 2,500 new residents will bring a large number of new students to the area. A letter was just received from the Tacoma School Board that identified severe impacts on the already over-crowded schools in NE Tacoma. Substantial capital, maintenance and staffing costs would be required to accommodate the overflow. The already highly-taxed NE Tacoma residents could not be expected to supply the needed funding.

• Contingency: This committee is tasked with exploring future means of protecting the golf course after the current proposal is defeated. The legislations proposed by the Tacoma City Council to preserve open space by the use of Purchased and Transferred Development Rights offers some hope for the future.

With this mechanism, development rights for rural and urban open spaces could be purchased and transferred to planned high-density population area. It could be possible to purchase development rights for a golf course and transfer them to a condominium project in downtown Tacoma. Thus the land owner would receive fair value for his development rights, but the land would remain open space. This legislation may be submitted to the voters next spring and we should give it our strongest support.

• Legal issues: The highlight of the evening was an assessment of the legal implications of the controversy by our retained counsel, Gary Huff of the Karr, Tuttle, and Campbell Law Firm.

Now that the developer has finally submitted a revised Application for a Land Use Permit, the battle will be heating up. Tacoma has a short time to assess the situation and decide whether to require a full or supplemental EIS. An EIS is a document designed by the State Environmental Policy Act (SEPA) to fully assess all the impacts including wetlands, traffic, open space, schools, services, etc., which a development would have on a community’s infrastructure. If the city fails to issue a Determination of Significance (DS) requiring an EIS, then a Mitigated Determination of Non Significance (MDNS) would be forthcoming. This is the developer’s goal.

A new EIS is essential to a realistic appraisal of the impact of this development on our community. The Federal Way City Council has realized that their community is also deeply involved and has shown a high degree of interest in how this decision will go.

One of the legal bones of contention is the definition and application of open space regulations. As a standing requirement, one-third of a development’s land is to be dedicated to open space. The developer is attempting to claim roads, driveway, yards, etc., as open space. These areas are clearly not available to the residents for their recreational use and do not meet the intent of the regulations.

The developer is also attempting to negate a 1981 agreement between the owners of the North Shore Golf Course and Tacoma allowing the golf course to serve as the open space required for development of the surrounding housing developments. And the agreement further stated that this relationship would be maintained in perpetuity.

Several critical legal battles are forthcoming and much depends on the results.

A number of probing questions were asked by the audience and answered.

The group left the building with a much better understanding of the battle ahead and the need for this unwanted and unneeded invasion to be thwarted. Many more volunteered to join the battle. Substantial monetary contributions were received towards the Legal Defense Fund.