HEX 18-001 Withdrawl of AppealFrom:
Becky Chapin
To:
CK
Subject:
FW: Karl Family Trust, Federal Way, WA
Date:
Tuesday, March 12, 2019 4:48:14 PM
Attachments:
imaae001Jpa
image002.pnna
imaae003.p_na
RE Maurine Karl Trust PropertyPerteet Inc..msg
Hi Stephanie,
I've attached an email I sent to Mr. Nortness following a conversation with Mark Orthmann. Mr. Nortness
agreed that the issuses addressed in the appeal, Hex #18-001, filed 8/23/18, can be addressed with a site visit
by the City's consultant, Perteet, and subsequent phone conversations. Also, based on the email below, the
City has not heard back from Mr. Nortness regarding Karl Family Trust property following the revision to the
wetland memo.
Is this sufficient information to withdraw the appeal? I can follow-up with Mr. Nortness, if needed.
Thanks,
Becky Chapin
Senior Planner
E
33325 8th Avenue South
Federal Way, WA 98003-6325
Phone: 253-835-2641 1 Fax: 253-835-2609
www.cityoffederalway.com
From: K.C. Nortness [mailto:kcnortness@yahoo.com]
Sent: Tuesday, December 18, 2018 1:32 PM
To: Becky Chapin
Cc: Doc Hansen; Alexis Singletary (alexis@singletarylawoffice.com); Ikellyutah@aol.com
Subject: Re: Karl Family Trust, Federal Way, WA
Becky and Doc:
I appreciate receipt of the Perteet memo, and the additional attention given this matter.. I will
consult with my client and counsel, and speak with the City again soon.
Happy holidays --
Kevin C. Nortness
On Friday, December 14, 2018, 4:36:09 PM PST, Becky Chapin <Becky.Chapin@cityoffederalway.com>
wrote:
Hi Kevin,
See attached revised memo from Perteet. After consulting with Ecology, Perteet adjusted
the rating forms accordingly. Wetland X is still a Category III wetland, but with a habitat
score of 4 points that requires a 60-foot wide buffer. If you have any questions or concerns
regarding this revised memo please let me know.
Thanks,
Becky Chapin
Senior Planner
0
33325 8th Avenue South
Federal Way, WA 98003-6325
Phone: 253-835-2641 1 Fax: 253-835-2609
www.cityoffederalway.com
From: Becky Chapin
Sent: Thursday, December 06, 2018 3:14 PM
To: 'K.C. Nortness'
Subject: RE: Karl Family Trust, Federal Way, WA
Hi Kevin,
Perteet has reached out to Ecology to review Wetland X rating, with regards to the land use
intensity issue. As soon as they hear back from Ecology they will provide a Memo.
Thanks,
Becky Chapin
Senior Planner
0
33325 8th Avenue South
Federal Way, WA 98003-6325
Phone: 253-835-2641 1 Fax: 253-835-2609
www.cityoffederalway.com
From: K.C. Nortness [mailto:kcnortness@yahoo.com]
Sent: Wednesday, December 05, 2018 8:26 PM
To: Becky Chapin
Subject: Re: Karl Family Trust, Federal Way, WA
Looking for an update on this matter when available, and thanks.
KCN
On Wednesday, November 14, 2018, 3:13:52 PM PST, Becky Chapin
<Becky.Chapin@cityoffederalway.com> wrote:
Hi Kevin,
I wanted to provide an update since receiving your email last week. I had a discussion with Jason and Bill with
Perteet today. Perteet will be looking into the rating forms further. They will evaluate the information and provide a
reply back in a timely manner. Please let me know if you have any questions.
Thanks,
Becky Chapin
Senior Planner
0
33325 8th Avenue South
Federal Way, WA 98003-6325
Phone: 253-835-2641 1 Fax: 253-835-2609
www.cityoffederalwa,
From: Jason Walker [mailto.jason.walker@perteet.com]
Sent: Friday, November 09, 2018 3:43 PM
To: K.C. Nortness
Cc: Becky Chapin; Bill Kidder; Alexis Singletary; AJ Bredberg; Kelly Lynn
Subject: RE: Karl Family Trust, Federal Way, WA
Hi Kevin. I can look at this next week. I have not yet reviewed your email in detail or what you provide as
enclosures — I will schedule time to look over. We did agree to many observable rating questions and items while
on site. Our memo explains that and the findings our GIS evaluation relevant to the rating subsequent to the site
visit. Have a good weekend.
Jason Walker, PLA, PWS
Environmental Planning Manager
Perteet Inc.
2707 COLBY AVENUE, SUITE 900 1 EVERETT, WA 98201
425.252.7700 1 DIR 425.322.02511 CELL 425.753.1294
jason.watker@pertect.com
PERTEET.COM
Better communities, by design
0
From: K.C. Nortness [mailto:kcnortness@yahoo.com]
Sent: Friday, November 9, 2018 1:34 PM
To: Jason Walker <jason.walker@perteet.com>
Cc: Becky Chapin <Becky.Chapin@cityoffederalway.com>; Bill Kidder <bill.kidder@perteet.com>; Alexis
Singletary <alexis@singletarylawoffice.com>; AJ Bredberg <ajb@wa.net>; Kelly Lynn <lkellyutah@aol.com>
Subject: Re: Karl Family Trust, Federal Way, WA
I will cc Becky Chapin, as your email included her in the conversation. Will also include
estate executor Lynn Kelly, estate counsel Alexis Singletary, Esq., and AJ Bredberg.
I reviewed the response provided by Bill. Jason, the marked up data sheet was somewhat
difficult to decipher. But your statements to AJ Bredberg and I in the field were definitive.
You can change your mind, of course. But your report doesn't indicate why you made
statements in the field which are inconsistent with Perteet's subsequently -issued report. I am
asking you now to explain how and why you changed your mind, or why you made statements
in the field which conflict substantively with the report you issued. Bill didn't tell us, and you
haven't offered to let us know what has changed since we were in the field. I regret that I left
that meeting confident that you would produce a data sheet consistent with the marks you
made in our presence. In any case, I think it's reasonable for this applicant to be informed
why you and Bill both told us that you agreed that we had a 60 foot buffer.
You will understand that I would not have considered that meeting concluded had I known
that despite your stated representation in that regard -- and Bill's, because he participated in the
conversation -- your report was going to go so completely sideways. But it did.
I have to consult with my client and their counsel. I will endorse proceeding to hearing. I think
the applicant will prevail.
I regret the additional, and I think unnecessary cost to all parties that we did not in fact reach a
workable common understanding in the field. I recognize that Perteet has been paid more than
your company would have been paid had we not asked for the field meeting, may for that
matter be paid an even greater amount if you participate in a hearing, and that the property
owner may wind up paying me a greater amount for my services than would have been paid
had Perteet produced a report consistent with your statements in the field. Frankly, I would
just as soon have this project off my desk. But I wish not to walk away while in my judgment
the outcome for my client is unjust. Even by degrees. Right is right, and fair is fair.
It is a separate issue that the City has stated that they will challenge the applicant's right to a
hearing at this time. Therefore, I don't know where we're all going on this. But it doesn't look
like resolution.
If I made an error in reading your sheet based on all the scribbles and alterations, I'll own that
error. But I'm not in error about your representations, and I know what statements AJ
Bredberg and I made to you. We had all agreed that the first time the wetland was rated, there
was more than 50% high intensity. You changed your mind on that. I think it's reasonable for
Perteet to let us know the basis for that change. You have also repeatedly changed the rating
system. On two different air photos, there was more than 50% high intensity. There are
houses and parking lots in there. Perteet used the King County air photo. In the 2018 photo,
there is clearly far more development than there was previously. That photo seems to be pretty
clear evidence. I'd like to know if I'm wrong about that. It matters.
If there is more than 50% high intensity, we have a 60 foot buffer. I think we are correct that
points also should be removed from your rating with reference to priority habitat. My client,
and the City, both deserve to know why your original wetland rating said that there was more
than 50%. Is there less development now? If not, you have changed it for another reason. Let
me know, if you would.
You're the experts. You know that you must have critical species. You know that as to logs
and snags, you don't check that box unless the site shows up on the State website as a log and
snag area. You know that while a site may be a critical habitat, it matters if it has no critical
species.
I am attaching to this email three figures which show the high intensity land use. As you will
see, one of those if the air photo I'm referring to. The next is the tax map. This shows more
than 60% high intensity. I have all attached the Perteet drawing marked up, showing all of the
areas which did not note high intensity. The experts should be able to inform my client and the
City why Perteet did not note high intensity. No doubt you have a reason. Let me know, if
you would.
There are detention ponds, parking lots for a City Park along with buildings, freeway exists,
industrial sites and their detention ponds, high intensity horticulture (rhododendron garden),
and graded areas. With two maps showing over 60% high intensity, it strikes me as reasonable
that the Perteet map should reflect — at the very least, and I assert this respectfully — 4% more
high intensity in all of the areas noted. Perteet's findings as to high intensity land use, if based
on current conditions, will be adjusted by this reputable company.
Finally, I am attaching to this email a memo sent to me today — as requested — from AJ
Bredberg. You will understand AJ's response to my queries on the Karl site and the latest
Perteet report. I can refrain, therefore, from summarizing it for you.
Kevin C. Nortness
Jason Walker, PLA, PWS
Environmental Planning Manager
Perteet Inc.
2707 COLBY AVENUE, SUITE 900 1 EVERETT, WA 98201
425.252.7700 1 DIR 425.322.02511 CELL 425.753.1294
jason.walker 12erteet.com
PERTEET.COM
Better communities, by design
From: Bill Kidder
Sent: Tuesday, November 6, 2018 11:10 AM
To: Jason Walker <jason.walker 12erteet.com>
Subject: RE: Karl Family Trust, Federal Way, WA
Jason,
Mr. Nortness's email is asking about our update to question H2.3 that changes the H2.x score from -1 (low) to 1
(medium). This value change was based on our GIS exercise mapping and calculating high intensity land use
pursuant to the 2014 Rating Manual guidance now that we had an actual wetland boundary to build the map upon.
We provided the resulting GIS figure in our most recent review memo to support our score decision.
In his email Mr. Nortness is observing the H2.x total score of 1 should equate to a Low on the summary page. I can
understand that a rapid reviewing of the rating form may mistakenly observe that a 1 score should be a Low. The
rating form, though, values a Low score as equaling <1 (less than one). A medium score equals 1 to 3. Our result of
a Medium score that results in a habitat value of 5 points on the rating summary page is correct.
A habitat score of 5 for a Cat III wetland has a 105-foot buffer per FWRC wetland buffers as explained in our
October review memo.
Bill Kidder, PWS
Lead Ecologist
425.252.7700 1 DIR 206.617.3740
From: Jason Walker
Sent: Monday, November 5, 2018 5:54 PM
To: Bill Kidder <bill.kidder 12erteet.com>
Subject: Fwd: Karl Family Trust, Federal Way, WA
Please look over.
Sent from my iPhone
Begin forwarded message:
From: "K.C. Nortness" <kcnortness yahoo.com>
Date: November 5, 2018 at 4:52:10 PM PST
To: Jason Walker <jason.walker"erteet.com>
Subject: Karl Family Trust, Federal Way, WA
Jason:
I'm addressing you with my questions in advance of contacting Becky at Federal
Way.
I have attached the Rating Summary, as rated by Bill Kidder -- with red markups.
I have also attached page 12 of 12.
Take a look at page 14, and tell me whether I'm correct that it should be a Low
instead of a Medium. Bill came up with a Medium on H 2.0 on page 14.
I see 1 point total for H2. That should be an L, and not an M.
If I refer back to page 1, however, it is listed as an M.
This appears to be a simple error. Check it and let me know if you agree.
Per the summary, a Medium/Low/Low (as opposed to a Medium/Medium/Low) is
a 4. With a wetland score noting 3-4 habitat points, a Category III wetland has a
60 foot buffer. With a habitat point of 5, I understand that it is a 105 foot buffer.
In sum, on a Cat. 3 wetland, minimum buffer width is 60 feet for a wetland score
of 3 to 4 habitat point, and we have a 4. [see page 12 of 12]
I would appreciate an opportunity to discuss this with you at your earliest
convenience. As noted above, I wish to hear from you before I discuss this with
the City, or take any further action.
Let me know.
Kevin C. Nortness
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