By Marianne Lincoln

The chatter in environmental circles is intense. The concern is removal of a large number of huge trees and the ensuing ground heat on the watershed entering Spanaway Lake from the marsh and streams to the southwest of it. Impervious surface and water system pollution are the concerns. The Tiny Home Village that the County Executive is clearing the way for the Tacoma Resue Mission to build is creating this furor.

Again, I must say, the people upset about the watershed have nothing against providing homes for these citizens. They do have an absolute conniption over damage to the location in the rural resource zone.

Here is a reply from the Pierce County Village folks to Don Russell, an outspoken watershed protector:

Dear Mr. Russell,

We have responded to your email of January 20, 2023 in the order of your numbered assertions, copied verbatim, for ease of reference.

See the attached legal argument against the use of the so called Mitigated Determination of Non Significance (MDNS). 

1. The claim is that the location that they have selected can be environmentally mitigated by their proposed actions to justify a Determination of Non Significance (DNS), thus having their proposed location not being subjected to a rigorous and costly, and appropriate in this case, SEPA prescribed Determination of Environmental Impact Significance (DEIS) evaluation.

SEPA rules are defined by state law and Ecology’s administrative rules. Unless exempt, both non-project such as development regulation amendments and projects are required to conduct a SEPA review and issue a determination.

The review of materials and determination is made by a Lead Agency and SEPA Responsible Official who are responsible for compliance with procedural requirements. It is common across the state that cities and counties are the lead agencies within their jurisdictions and designate a responsible official for non-project and project types. Any modification to proposed actions are subject to additional SEPA review. 

The Pierce County Village proposal is considered a project SEPA action not a non-project SEPA action.  The village project is not at the stage where a SEPA determination has been made. That stage will occur after the application for the Conditional use permit is filed, likely in June 2023. When a project permit application is filed that is the trigger for many of the reviews, reports, and studies.

2. The mitigation that they propose is (1) use a forced and connected to an existing sewer main in lieu of their initially proposed on-site septic system for the disposal of human waste, (2) detention and infiltration ponds to treat auto traffic polluted stormwater runoff from its extensive impervious surfaces (roofs, parking, roads) of such a heavily trafficked Village never mined that there is insufficient separation of the surface and underlying groundwater level to effect the requisite treatment of such runoff. (3) a heavily trafficked bridge over and a road crossing a Federally designated wetland, Pierce County designated critical area and FEMA flood control zone area.

The proposed stormwater system will be designed in full compliance with the Pierce County Stormwater Management and Site Development Manual as adopted by the County.  The system will utilize treatment through bioretention and onsite infiltration as required by the stormwater manual for new development.  By spreading out the stormwater we will minimize pollutant loading on any of the individual systems and ensure the proposed system functions as designed.  Source control best management practices (BMPs) will also be employed as part of the design to limit pollutants that enter the stormwater system.  The anticipated BMSs include, but are not limited to, covering trash areas, no outdoor storage of chemicals, vegetation or mulch to limit exposed soils, dog park area captured and treated in separate system, landscaping maintenance, and a host of other site specific items.  The Tacoma Rescue Mission will be responsible for maintenance of the system to ensure it continues to function as designed.  This maintenance will be documented by recertification of the system as required by the County on a regular basis.

3. The proponents have already apparently, but clumsily, ham-handedly and belatedly with the help of the Pierce County Council, succeeded in changing the residential occupancy zoning regulations to enable violating the intent of the GMA.

In winter 2020, the County Council asked the Planning and Public Works (PPW) Department to look at all types of housing and zoning in Pierce County and make recommendations.  In 2022 the Council adopted (2022-49s) the recommended zoning code revisions encouraging greater housing choices and variety by modernizing outdated regulations. Some of those changes adopted included:  

·    Updates to 35 residential use terms to recognize modern housing trends, align with changes to state policy and law, and provide clarification between terms that might seem related 

·    Minor zoning corrections for Senior housing in the Gig Harbor, South Hill and Parkland-Spanaway-Midland community plan areas 

·    New code language related to employee housing 

·    New shared housing residential use – The Council expanded the areas where the shared housing was allowed, adopted definitions, general provisions, landscaping, parking, and density standards as part of these shared housing villages in 2022-49s.

In winter 2022 the County launched another public engagement process on the proposed amendment to allow for shared housing villages with a conditional use permit in the Residential Resource (RR) zones.

In January 2023 the Planning Commission recommended the Council expand the Shared Housing use to the RR zones in the Parkland-Spanaway-Midland, Fredrickson, Mid-County and South Hill community plan areas (the RR zone currently allows single-family detached housing and group homes). This recommendation from the Planning Commission and the process can be reviewed HERE. Residential Use Code Updates | Pierce County, WA – Official Website (piercecountywa.gov).

The proposal is now with the County Council for review. It is consistent with and implements policies set forth in the Pierce County Comprehensive Plan, Pierce County Countywide Planning Policies, Puget Sound Regional Council’s Vision 2050, and the Growth Management Act.

4. Covering many acres of land immediately adjacent to Spanaway Marsh wetlands with impervious surfaces will adversely impact the natural cleansing and sole source aquifer recharge function of an existing undisturbed vegetated and riparian wetland soil condition with adverse thermal and chemical environmental impact of the quantity and quality of the designated area’s ability to infiltrate clean pollution free  water into underlying the shallow aquifer that sustains flow in Coffee and Spanaway Creeks and discharges into already nutrient polluted  Spanaway Lake. 

The proposed project and stormwater system will not alter the hydrology of the wetlands, Coffee Creek, or downstream sensitive areas.  The proposed infiltration of treated stormwater will mimic the existing conditions onsite and not change flows leaving the site.  The previous developments in the area that were constructed under older development regulations did not take these environmental elements into account as is apparent by the water quality issues in Spanaway Lake.  Old developments directly adjacent to sensitive areas, included substandard stormwater controls, and served by failing septic systems are issues that should be the focus of cleanup efforts.  The additional development requirements created in the last 30 years have ensured that new projects will not make the same mistakes of previous developments.

5. Apparently the proponents of locating the proposed TMR micro-home Village for the chronically homeless of Tacoma, Pierce County and the City of Lakewood in a Federally designated, Pierce County designated critical area and a FEMA designated flood control zone will do anything legally and illegally to locate tis proposed facility in an area that is obviously unsuited for the service that the proponents falsely claim that it will provide.

It is important to clarify that the Pierce County Code for Residential Resource (RR) zones currently allow single-family detached housing and group homes to be built. The proposed location for the Pierce Count Village is on buildable land. After consultation with Ecology, Fish and Wildlife, and the Army Corps, the project proposes to span the floodplain and wetland areas with a bridge to avoid impact to the regulated areas.  The buffer impacts will be mitigated onsite through buffer creation and averaging as allowed by the Pierce County Code. Every portion of this project will meet every legal requirement like any other project.

Mr. Russell, in the future, we trust that you will reach out to us to get accurate information prior to alleging without adequate facts or a working knowledge of applicable law such claims of illegality and falsehood. We believe frank but civil discussion is possible to address concerns we fully understand many will have about this project to establish a formerly homeless community based on a model with a proved track record of lifting homeless individuals off the streets and onto a path of accountability, dignity, and hope.  

Sincerely,

Pierce County Village
PCvillage@piercecountywa.gov
www.piercecountywa.gov/village

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Here is one of Mr. Russell’s commentaries on protection of the watershed after a Chambers Clover Watershed Committee meeting:

Folks,

Last night I listened in on your meeting on this subject.

I have several comments.

The audio was broken up and for the most part unintelligible.

The promoters of this project have overreached in many respects.  Some are listed below.

See the attached legal argument against the use of the so called Mitigated Determination of Non Significance (MDNS). 

The claim is that the location that they have selected can be environmentally mitigated by their proposed actions to justify a Determination of Non Significance (DNS), thus having their proposed location not being subjected to a rigorous and costly, and appropriate in this case, SEPA prescribed Determination of Environmental Impact Significance (DEIS) evaluation.

The mitigation that they propose is (1) use a forced and connected to an existing sewer main in lieu of their initially proposed on-site septic system for the disposal of human waste, (2) detention and infiltration ponds to treat auto traffic polluted stormwater runoff from its extensive impervious surfaces (roofs, parking, roads) of such a heavily trafficked Village never mined that there is insufficient separation of the surface and underlying groundwater level to effect the requisite treatment of such runoff. (3) a heavily trafficked bridge over and a road crossing a Federally designated wetland, Pierce County designated critical area and FEMA flood control zone area.

The proponents have already apparently, but clumsily, ham-handedly and belatedly with the help of the Pierce County Council, succeeded in changing the residential occupancy zoning regulations to enable violating the intent of the GMA.

Covering many acres of land immediately adjacent to Spanaway Marsh wetlands with impervious surfaces will adversely impact the natural cleansing and sole source aquifer recharge function of an existing undisturbed vegetated and riparian wetland soil condition with adverse thermal and chemical environmental impact of the quantity and quality of the designated area’s ability to infiltrate clean pollution free  water into underlying the shallow aquifer that sustains flow in Coffee and Spanaway Creeks and discharges into already nutrient polluted  Spanaway Lake. 

Apparently the proponents of locating the proposed TMR micro-home Village for the chronically homeless of Tacoma, Pierce County and the City of Lakewood in a Federally designated, Pierce County designated critical area and a FEMA designated flood control zone will do anything legally and illegally to locate tis proposed facility in an area that is obviously unsuited for the service that the proponents falsely claim that it will provide.

Don

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As you can see, there is a great deal of concern over the site and also a strong push from the executive and homeless providers to push it along. There has been some chatter that it might be May or June 2023, when we see a SEPA comment period open. If you are interested in this issue, start preparing your comments and backup data now. And remember, if you comment, you will have standing on the issue, meaning you can take them to court to further press the problem of possible violations of the wetlands and water law.

This project is not yet permitted, but the process for using the Spanaway site is still in progress. The image is the names of the aquifer layers that are being discussed. I am still looking for one that includes Spanaway Lake, but this gives you an idea what is being affected.

[Editor note: As a matter of disclosure, I (Marianne Lincoln) have just accepted an appointment of Secretary to Family Promise, a chapter for a nationwide effort by local churches to assist the homeless. I will be board secretary. This group will be for the unincorporated parts of Pierce County but is located in the Spanaway, Bethel District areas. I will write soon about what is happening with this].