Video Testimonies at LFP Council Meetings regarding the RUEs and the Mark Garey Property
Below you can play the 3 minute video and see the transcription.
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Council Meeting - Dec 9, 2021 LFP Video comment
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Planning Commission - Dec 14, 2021 Video comment at 11min 15 sec
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Council Meeting - January 13, 2022 Video comment at 46 min 30 sec Written comment
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Council Meeting - January 27, 2022 Video comment at 3 min 45 sec Written comment
Planning commissioner comment at 9 min 41 sec
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Planning Commission - February 8, 2022 Video comment at 7 min 50 sec
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Council Meeting - February 10, 2022 Video comment at 1 hour 6 min, 10 sec
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Council Meeting - December 9, 2022 Video comment
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Planning Commission - December 14, 2022 Video comment at 11 min 15 sec
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Council Meeting - January 13, 2022 - Video comment at 46 min 30 sec Written comment
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Council Meeting - January 27, 2022- Video comment at 3 min 45 sec Written comment
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Planning Commission - February 8, 2022 - Video comment at 7 min 50 sec Planning Commission
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Council Meeting - February 10, 2022 Video comment at 1 hour 6 min, 10 sec
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Council Meetings Public Comments -3 minutes Each - August 5th 2024
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2:00 Jack Tonkin - Former LFP Council Member
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5:42 Jolene Jang
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9:04 Gary Jang
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12:42 Jeff Snedden - Citizens Organized to Rethink Expansion (CORE).
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14.50 Nancy Jang - Environmental Activist
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19.54 Douglas Hoggat - Member of the Environmental Rotary of the Puget Sound
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24.25 Janiece Hoggat - President of the Environmental Rotary of the Puget Sound
Council Meetings Public Comments -3 minutes Each - August 8th, 2024
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1:49 Lori Bodi, Council Member
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5:30 David Haddock, Fluvial Morphologist, Environmental Geomorphologist
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9:35 Jolene Jang, Downstream Neighbor
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14.26 Nancy Jang - Environmental Activist
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18:48 Gary Jang - Concerned Citizen
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Planning Commission Meeting - August 14, 2024
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9:40 Jolene Jang, Downstream Neighbor
Video Testimonies at LFP Council Meetings regarding the RUEs and the Mark Garey Property
Lori Bodi, Council Member
Sharing concern about the management of the RUEs, suggesting revisiting the code.
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August 8, 2024
Begins 1:49:15 - 1 minute remark
Sharing concern about the management of the RUEs, suggesting revisiting the code.
"I'm addressing the reasonable use exception. I was involved with the Planning Commission throughout their review of this issue, including some case studies. These studies highlighted two main concerns: large structures that lacked long-term commitment to proposed mitigation measures, and our team's limited capacity to enforce these measures due to staffing constraints.
In my personal capacity, I strongly urge our permit team and the community development director to approach this issue thoroughly and seriously, considering the detailed technical comments we've heard tonight. This situation is concerning, but it also raises a broader policy question about how the reasonable use exception process is managed. While we tried to tighten the process, I believe it still needs careful scrutiny at the permit level.
Thank you.
To continue on this topic, about a year ago, we had some policies in front of us. If we can revisit those, we have a good foundation to make changes, staying within the limits of what the Revised Code of Washington (RCW) allows."
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David Haddock, Fluvial Morphologist, Environmental Gemorphologist
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​August 8, 2024
Begins 5:30 - 3 minute remark
Sharing grave concern about potential landslides.
"I'm here to discuss reasonable use exemptions, specifically regarding the proposed development of the Gary property.
For those unfamiliar with the site, it is located along Lyons Creek in a floodplain, with a steep slope mapped as such. As a geologist with 40 years of experience in natural and man-made hazards, I find this development concerning.
When a river erodes against a steep slope, it creates a recipe for disaster—similar to what happened at Oso, the deadliest landslide in U.S. history. While this is on a much smaller scale, allowing construction on this site could increase flood risks in Lyons Creek. Reducing the cross-sectional area of the creek will increase water velocity and flood height, leading to greater erosion and the potential for slope failure.
The geotechnical evaluation done by the applicant only assessed soil conditions beneath the proposed building site—not the steep slope itself. A proper evaluation should include soil testing on the slope and a factor-of-safety analysis, which was not conducted.
Without this critical information, we don't know the full risk. However, the applicant has not sufficiently demonstrated why they should be allowed to build there. The site is not suitable, and the development could lead to flooding or, in the worst-case scenario, a catastrophic slope failure. That is not the intent of reasonable use exemptions."
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​ Jolene Jang, Downstream Neighbor
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​August 8, 2024
Begins 9:35 - 3.5 minute remark
Requests to call for a moratorium on RUEs before destructive precedent is set
"Thank you. I would be that Oso victim. I don’t want to be the person whose home slides down the hill. That’s why I am calling for a moratorium on RUEs.
Why? Because if word gets out that Lake Forest Park (LFP) is not enforcing its own city code, developers will flood into our town, snapping up empty parcels, abusing the system, cutting down trees, and destroying salmon habitats—because LFP allows it.
Mark Hoffman has issued a Mitigated Determination of Non-Significance (MDNS) based on false information provided by the applicant. Legally, the application should be voided. The Washington Department of Fish and Wildlife has confirmed that the applicant’s statements are incorrect.
By allowing dozens of potential code violations to go unchallenged, the city makes itself liable to regulatory scrutiny.
Mayor French, Administrator Phil, and Council—you have the power to protect our city. You love this city, and that’s why you’re here. Use your authority. A moratorium would give you time to evaluate what’s breaking down, diagnose the problem, and fix it.
The Planning Commission recognized this issue and attempted to address it because of this very project. But the RUE permitting process is still broken. Currently, one person—Mr. Hoffman—holds all decision-making power. That is not an effective system of checks and balances.
The planning department is understaffed and inexperienced:
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Everyone is new.
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There’s no senior engineer.
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The assistant planner left.
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Mr. Hoffman is also new and juggling multiple roles—planning, building, code enforcement, and economic development.
With such limited resources, the city does not have the expertise or capacity to ensure proper RUE implementation.
I have personally experienced the dysfunction. I requested documents on August 1. A week later, I received a handful of unrelated emails. I still don’t have the records I need. Now, I’m told that by August 12, staff will "work on it." Meanwhile, the public comment period has closed.
This broken process affects real people. Invoking a moratorium will give the city time to develop a system that both protects residents and follows the city code.
Thank you."
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​ Gary Jang, Concerned Citizen
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​August 8, 2024
Begins 18:48 - 3 minute remark
The Correct Burden: Safety Lies with Applicant and City, Not Neighbors
"I've seen plenty of permit applications in my time. Here’s how the process should work:
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The applicant must fill out the application correctly.
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The city planner must verify that it’s complete.
In my experience, that doesn’t happen. Instead, it falls on residents to point out errors—which is not their responsibility.
Jolene has done the heavy lifting, gathering detailed information. Yet despite all this evidence, you’re still hesitating to issue a moratorium?
Let me put it in perspective: I worked in insurance for a long time. If a neighbor warns you in writing that your tree is rotten and you don’t address it, you will be sued when it falls. The same logic applies here. The city has been warned. If problems occur, lawsuits will follow.
The city is also violating its own code—specifically 16.26.9, Notice of Code Commission Recommendation, Approval Criteria, and Revocation. Ignoring the code exposes the city to legal challenges.
Lastly, Jolene has a history of effecting real change—she’s successfully pushed laws forward, spoken on radio shows, and even appeared on Oprah. If this issue gets public attention, lawsuits will be even stronger. So, take action now. Enact the moratorium.
Thank you."
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​ Nancy Jang, Concerned Citizen
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​August 8, 2024
Begins 14.26 - 3 minute remark
Suggestion to listen to all of the expert comments
"Thank you. Regarding the RUE proposal, I know you’re busy with the budget and don’t have time to research every proposal in depth. So, I’d like to highlight key expert testimony already in the public record.
These experts' statements can be found at GreenVoicesOfLakeForestPark.com, a website dedicated to this issue.
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Engineer Alan Coburn:
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Forecasts that all streamside properties adjacent to and downstream from the Gary property will face major to severe flood risks from a 100-year event.
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These risks exist even without federally mandated upstream culvert changes.
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Ethically, developers should disclose these risks.
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Washington Department of Fish and Wildlife Biologist Miles Perk:
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Concerned that the development will remove critical floodplain storage, harming fish habitat and increasing flood risks.
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Predicts that protecting the house from future floods will come at the expense of fish resources.
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Notes that past development in the Lyons Creek Basin has already degraded the creek, contributing to the decline of salmon populations.
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Arborist Daniel Collins:
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Warns that tree failures will increase slope instability.
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Criticizes the developer’s arborist for failing to propose mitigation measures.
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States that the developer’s analysis is inadequate to justify moving the proposal forward.
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The city should commit to protecting untouched riparian parcels instead of approving projects that degrade the environment. I urge you to visit GreenVoicesOfLakeForestPark.com to review these expert opinions.
Thank you."
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​ ​Jolene Jang, Downstream Neighbor
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​August 12, 2024 Planning Commission Meeting
Begins 9.406 - 3 minute remark
Protecting Neighbors from RUE Development Risks
I'd like to address the planning commission regarding the reasonable use exception, or RUE. I believe several of you are already familiar with this, but for those who aren't, the RUE allows development on wetland properties if the owner can demonstrate that their project won't cause harm. This is a significant concern that I've previously raised with the city council, and Lori Bodhi has also emphasized its importance.
A few years ago, some of you worked to revise the RUE to address developer abuses, where they were shifting blame for flooding onto neighbors. However, compliance and accountability issues persist, even with the previous revisions. These problems are likely compounded by the department's current understaffing, which places a heavy burden on Mr. Hoffman. Therefore, I'm calling for a moratorium on all RUE applications. This pause would allow the council and mayor to develop a more sustainable process that respects both our city codes and state regulations.
As a neighbor directly affected by a potential RUE development, I'm concerned about possible landslide risks. This raises a critical question: where should the burden of proof lie? Should it fall on neighbors to defend their safety, requiring them to spend countless hours and resources consulting with scientists and engineers? Or should the applicant bear this responsibility? Furthermore, I'd like to understand how the city incorporates recommendations from regulatory agencies like the Washington Department of Ecology and the Department of Fish and Wildlife, especially when those recommendations differ from the city's initial findings, such as the MDNS issued by Mr. Hoffman. How are these differing opinions weighed in the final decision?
To provide further context, I've created a podcast and a website with pictures and videos documenting the situation. I also invite you to visit the site in person. I believe these resources will help illustrate the complexities of this issue. Thank you for your time and consideration." So that's all I have to say and I have got a podcast around this particular issue and a website. Pictures and videos. And you're able to come over also to see it. Thank you
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