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MAPLE VALLEY REPORTER: Growth board ruling on YarrowBay developments reversed by Court of Appeals

Thu, 29 Dec 2011 09:30:00 -0800

By Dennis Box - DECEMBER 29, 2011

The State Court of Appeals sent out a decision Tuesday reversing a ruling from the Central Puget Sound Growth Management Hearings concerning the two YarrowBay master planned developments, The Villages and Lawson Hills.

The court ruled the board did not have jurisdiction in the case involving the two ordinances used to approve the master planned developments.

The board had ruled Feb. 15 the city should have used a legislative rather than quasi-judicial process when approving the master planned development ordinances. The board sent the ordinances back to the city for compliance with Growth Management Act.

The citizen group Toward Responsible Development had challenged the ordinances approving the developments in superior court and to the board.

The board ruling was appealed by YarrowBay and sent to superior court, but, the parties agreed to a direct review by the state Court of Appeals bypassing the lower court.

The appeals court agreed to hear the case and the attorneys for the parties presented their arguments on Nov. 1.

The opening paragraph of the Dec. 27 Court of Appeals ruling stated, “The Central Puget Sound Growth Management Hearings Board lacked jurisdiction to review the 2010 ordinances enacted by the City of Black Diamond approving the master plan development permits for Yarrow Bay. We reverse.”

The issue addressed directly by the appeals court centers on whether the ordinances were project permits or amendments to the city’s comprehensive plan or development regulations, which is under the jurisdiction of the board.

The court ruled the ordinances were project permits stating in the document, “We hold the 2010 MPD ordinances adopted by Black Diamond were project permit approvals. The Board lacked jurisdiction to review these permits.”

The court also stated it agreed with the YarrowBay argument that the challenge was an “impermissible collateral attack on the 2010 ordinances.”

The ruling stated “TDR’s (Toward Responsible Development) challenge to the City’s permit approval must be under LUPA (Land Use Petition Act) in superior court, not under the GMA before the Board.”

The ordinances were unanimously approved by the City Council Sept. 20, 2010. Toward Responsible Development filed challenges in superior court under LUPA and to the board.

A stay was granted in the superior court LUPA appeal while the court of appeals heard the case.

Black Diamond Mayor Rebecca Olness said by phone Tuesday, “It was good to see the court of appeals pronounce our process as legal. I always believed we had done this right and followed our code. I have the utmost confidence in our staff and city attorney and I am thrilled the court of appeals recognizes this.”

David Bricklin, the Seattle attorney representing Toward Responsible Development, said the group will soon decide whether to ask for a review by the appeals court or petition the state Supreme Court.

A motion for review by the appeals court must be filed in 20 days and a petition for review must be filed in 30 days to the Supreme Court.

Bricklin stated by phone Tuesday the ruling was “not the end of the line. This is like a game of Chutes and Ladders and we are going to start back up.”

Bricklin said the LUPA appeal outlines many claims the superior court will be considering including “the EIS (environmental impact statement) inadequacy. That would knock out the whole thing.”

According to Bricklin there is also an appearance of fairness issue in the LUPA appeal, a due process violation that is also in federal court, adequate information about traffic impacts and the ordinances conflict with the city’s comprehensive plan calling for call for protection of Black Diamond’s small town character.

Bricklin said these and many other issues in the LUPA claim “the court (of appeals) did not address.” He noted the appeals court ruling stated the proper venue for pursuing the claims is the superior court,

“That is a decision we can live with,” Bricklin said.

Mike Kenyon, from the Issaquah firm Kenyon Disend that provides city attorney services for Black Diamond, wrote in an email, “From the City Attorney’s perspective, it’s gratifying to see that the Court of Appeals agrees with the public policy set forth by the Black Diamond City Council that the MPD permits are, in fact, permits. The Growth Board’s erroneous ruling here was just another example of the Growth Board’s impermissible intrusion into an area that is properly the role and function of elected city officials. The Growth Board is not some form of ‘super city council,’ and it does not set public policy within the Black Diamond city limits (or any other city limits). The City Council is charged with that responsibility, and did so here by unanimous vote after a lengthy and comprehensive process. The Court of Appeals recognized that, and understandably reversed the Growth Board’s decision.”

Brian Ross, CEO of YarrowBay wrote in an email, “This Court of Appeals decision confirms what we’ve been saying all along — we’re doing it right, we’re following code and most of all, we’re excited to continue moving forward to work with the city and the citizens to implement our MPDs.”

Court of Appeals decision

MAPLE VALLEY REPORTER: Three City Council members approve YarrowBay development agreements

Tue, 13 Dec 2011 09:30:00 -0800

By Dennis Box - DECEMBER 12, 2011

Another step has been taken along the path inside the master planned development labyrinth in Black Diamond.

Monday morning three City Council members unanimously approved the development agreement ordinances.

Council members Bill Boston, Leih Mulvihill and Kristine Hanson voted to approve the development agreement ordinances for Kirkland-based YarrowBay's The Villages and Lawson Hills.

The approval of the agreements comes after about seven days of public testimony in July before the city's hearing examiner, Phil Olbrechts. The hearing examiner recommend approval with conditions.

The ordinances for the two master planned developments, allowing the move into the development agreement stage, were approved unanimously by the five members of the City Council in 2010.

The development agreements are documents outlining the rules governing the two projects. The agreements are to provide more ground-level detail than the supporting documentation entered during the MPD hearings.

The City Council members began quasi-judicial deliberations on the agreements in September ending with the approval of the ordinances today.

The MPD ordinances were appealed by Toward Responsible Development in October 2010, which is a group composed of residents. The appeal is currently working through the superior court system.

Toward Responsible Development asked the Puget Sound Growth Management Hearings Board to review the process used to approve the MPD ordinances and the group also filed a LUPA or Land Use Petition Act appeal in the state superior court.

The board remanded the ordinances back to the city stating a legislative process should have been used, rather than quasi-judicial, allowing more public participation. The board did not invalidate the ordinances, which is why the process advanced to the development agreement stage.

The board decision was argued before state Court of Appeals in November on direct appeal, and a ruling is excepted in 2012.

Development Agreement Hearing

Following the vote approving the agreements, Boston summed up the deliberations as "the culmination of an 18-year-process."

He added, "Change can be difficult. Change is not always popular, but it will happen."

Boston stated the projects will provide jobs, opportunities for young families to stay in the city and businesses to locate in the area.

"I am proud to be part of the this council both for the MPD ordinances we passed last year and the passage of the development agreements here today with my fellow council members," he said.

Bob Edelman, a member of Toward Responsible Development, said he wasn't surprised the agreements were passed, but he noted, "Considering the number of flaws, they are candidates for appeal."

He stated he didn't believe all issues recommended by the hearing examiner were addressed including sewer and water availability.

According to Edelman there is a question whether the agreements are "valid because the MPDs are under appeal. While the underlying issue is under appeal the city can't rely on anything."

Edelman said no decision has been made at this point by the group whether or not to appeal the agreement ordinances.

Brian Ross, YarrowBay managing partner, said after the approval of the agreements, "I'm so excited about the future and the ability to move forward on the city's plan to create a special place in Black Diamond."

Ross said the YarrowBay has vested plats that the company will now begin working on with the city staff.

He said there are about 300 homes projected for the plats.

Three Council Members

During the opening stages of the City Council quasi-judicial hearings two member, Bill Saas and Craig Goodwin, recused themselves from the process and did not return.

YarrowBay attorney Nancy Rogers submitted a letter during the appearance of fairness portion of the hearing requesting four of five council members recuse themselves.

The letter stated Mulvihil and Hanson should recuse themselves because they own property near the projects.

The letter stated two other council members, Saas and Goodwin, had ex-parte contact or discussions with opponents of the developments.

Rogers went on to write that by four recusing themselves it would trigger the doctrine of necessity because a quorum, or three of five members, would not be present. This would allow all four to return without legal liability for previous actions.

"In this way, YarrowBay and community member against community member attacks can be avoided, the city's fiscal interests will be protected, and the full five-member City Council can sit together with the community, to review The Villages and Lawson Hills Development Agreements."

Mulvihill and Hanson chose to return, but Goodwin and Saas did not.

Goodwin disputed there was ex-parte contact but was unwilling to open himself and his family to what he saw as a legal liability.

The Developments

The two developments are projected to add about 6,000 residential units with retail, office, light industrial, open space and recreational space. The projects are planned for about a 15 year build out with a five year extension.

Black Diamond currently has a population of about 4,100 and the projects would increase the population to more than 20,000.

The population increase and the strain on the infrastructure including roads has created a rising wave of criticism by opponents of the projects.

The projects have been gaining momentum for two decades, but reached a critical mass when the draft environmental impact statements were released in 2009.

Edelman, a retired Boeing Chief Engineer, said he became involved in the process in about 2009.

The November election showed how deep emotions run is in this community over the developments. The incumbents Hanson and Mulvihill both lost by more than a 40 percent spread.

Ron Taylor will be taking Mulvihill's seat and Tammie Boxx-Deady will join him in Hanson's position.

Boston retired from the council and Joe May will take his position.

Contact Covington Reporter Regional Editor Dennis Box at dbox@maplevalleyreporter.com or 425-432-1209 ext. 5050.

PUGET SOUND BUSINESS JOURNAL: Innovative tool for financing infrastructure

Fri, 18 Nov 2011 09:30:00 -0800

With more homes selling this year in King County than 2010, Puget Sound area communities are concerned about the lack of proper infrastructure for development.

This ultimately leaves a nightmare of overburdened and underfunded infrastructure, the cost of which is ultimately shifted to current residents. That has been a problem in the past, but it’s exciting to reflect on legislation that will directly benefit Washington state and alleviate this problem in the future.

The Legislature passed legislation that gives developers a new financing option by allowing them to form community facilities districts (CFDs). CFDs could provide the much-needed infrastructure financing that will create new jobs, improve roads and other public facilities, and ultimately drive economic development in our region.

A CFD is an independently governed district formed with the sole purpose of overseeing the financing and/or construction of infrastructure improvements that are the backbone of creating vibrant, livable communities.

CFDs help developers move forward with projects by using their property as collateral to support the construction of important infrastructure such as roads, storm-water facilities, park improvements, traffic lights and libraries. This is especially crucial in today’s economic climate, where state, county and local governments often lack the resources to pay for these improvements.

Generally, developers borrow money for these projects at prohibitively high interest rates, which is a disincentive to invest in infrastructure ahead of time. However, CFDs allow property owners to issue bonds that are paid back as homes are sold, thereby creating an incentive for the proactive development of infrastructure before the homes are built.

CFDs can only be used when 100 percent of property owners agree, meaning that they cannot be imposed on any home or property owner against their will. CFDs create “special purpose districts,” which, unlike taxing districts, can only be used to finance specific public infrastructure improvements. This finally implements the principle of growth paying for its impacts ahead of time, and not shifting the costs to existing homeowners.

Our beautiful mountains, vibrant business culture, and high quality of life make Washington state among the most desirable places to live in the country. Unfortunately, our efforts to build new infrastructure have lagged behind the rapid growth we’ve experienced in recent decades.

In Black Diamond, which recently approved two Master Planned Developments, the developer, YarrowBay, should be required to use CFDs to finance roads, public facilities and other important infrastructure for the community. It’s critically important that this cost be shifted to YarrowBay, away from current residents, to ensure that adequate infrastructure precedes development. This could be an exciting opportunity for this region and our state to jump-start the economy by using an innovative funding mechanism for the very first time.

CFDs will be an effective, safe and creative way for our state to achieve smart growth that plans for infrastructure improvements from the beginning. Too often, states wait for growth to overwhelm the capacity of their infrastructure before improvements are made. This leads to overcrowded schools, roads clogged by traffic, and insufficient storm-water facilities. Impact fees are helpful, but oftentimes are too slow to address problems before they occur.

Our state, county and local governments simply do not have the resources to make these improvements. Because our state had the foresight to allow developers to finance the improvement of infrastructure in advance of a project, we will avoid many of the problems that plague other states.

We need to embrace creative tools like the community facilities district, or else face the consequences of not having enough services to continue providing the high quality of life that makes Washington such a wonderful place to work, live and raise a family.

REP. CHRISTOPHER HURST, a Democrat, presents the 31st Legislative District, is chair of the House Public Safety Committee and is serving his 10th year in the Legislature.

MAPLE VALLEY REPORTER: Black Diamond candidates discuss range of topics at debate

Thu, 20 Oct 2011 09:30:00 -0700

By TJ MARTINELL

Covington Reporter Reporter

Public safety, budget cuts and development were among the topics discussed at the Black Diamond City Council forum Oct. 13.

The forum was at the Black Diamond Community Center and was hosted by The Greater Maple Valley Black Diamond Chamber of Commerce. The forum was moderated by Gary Habenicht. The forum began with an introduction by each candidate, followed by a lightening round of questions in which both the audience and the candidates answered simultaneously. The audience and the candidates seemed to share similar sentiments on most issues. For example, when asked if Black Diamond supported existing businesses, both answered no. They also said yes when asked if future growth was inevitable, if there was a future of mining in Black Diamond, and if they supported master planned developments.

Then there was a round of randomly drawn questions, which was asked of both candidates vying for the same position.

Incumbent Leih Mulvihill, who currently holds Position No. 5, and her challenger, Ron Taylor, were asked what they thought was the biggest issue facing Black Diamond.

Mulvihill noted the lack of revenue, “really put small towns like Black Diamond in a bind,” she said. “It becomes a real struggle. Black Diamond has come to rely on a lot of cuts just to keep the doors open. By watching our budget very, very closely and keeping it balanced and cutting out the fluff and concentrating on the basic services, Black Diamond will be able to stay balanced for the coming years.”

Taylor felt legal issues facing Black Diamond are a top priority.

“Regardless of the courts… I think that’s going to be the biggest drain on resources,” he said. “The way we’re going to have to face it is to be very careful and get a lot of good legal counsel and legal advice on that. I don’t see that issue going away or one that’s easy to navigate.”

During the candidate-to-candidate question round, Pam McCain, who is running for Position No. 3, asked her opponent Joe May about his stance on growth and development in the city.

“You have been extremely involved in the opposition to growth and change,” she said. “If elected, how would you be able to bring yourself around to a way of thinking that would be cohesive for the City Council?”

May stated the negativity in the city had polarized residents.

“I’ve spent about three years of time and effort trying to learn what I could about how it would affect us,” May replied. “Cohesiveness…that’s a tough question — when you have so much division in the city, and as I’m out talking to folks, it is very interesting. It mirrors what you have nationally. You hear, ‘She’s an idiot,’ or ‘He’s a “that.”’ It makes me crazy, because…we don’t have that much time. We have to work together as people.”

May then asked McCain about how she would support Black Diamond schools, which are in the Enumclaw School District, when she lives in the Kent School District.

“I do believe that growth will pay for more schools and that the kids in Black Diamond do deserve to be fought for,” she answered. “I’ve paid for schools that my children have never attended, and I believe that is the same theory that we’re going to move forward.”

Incumbent Kristine Hanson, who currently holds Position No. 1, asked her challenger, Tamie L. Boxx-Deady, what she thought of the Transfer of Development Rights (TDR) program.

“I have looked into this,” Deady said. “If I was elected to city council, the TDR (program) is not my sole decision to make. It’s not that I am for or against it. The people who (own) them will be able to come to council and voice their opinions about it. A council must listen to those voices (on) what should be done. If the majority are for the TDRs, then I would have to listen to the citizens.”

Deady then asked Hanson about alleged statements she had made on Facebook pertaining to feedback she had received from citizens at City Council meetings.

“(On Facebook) you were begging for friends to come and support you at the City Council meetings,” Deady said.

Hanson replied she was attempting to bring in more civic participation.

“Sitting on the council, people can say whatever they want to and you have to take it,” she said “We do listen, but as I stated before, there are codes and laws we have to abide by. It’s very difficult…when you know there’s people out there who are supportive of change and are positive, but they trust their council members. They are OK with that. So they just would rather not be around the negativity. It’s hard, because I do want people to come and share their thoughts, but people don’t want to because it’s so negative.”

Editor's Note: The Reporter was initially a co-sponsor of the debate. As the editor I had to remove the paper from sponsorship or endorsement once I found the questions were sent to the candidates days before the debate allowing them to prepare answers. The questions were also forwarded to others in the city, and YarrowBay, for comment. I felt this violated an editorial code for a newspaper and circumvented the fair and spontaneous exchange of ideas. The editorial staff was no longer willing to participate as a sponsor or to endorse the debate in any way other than independently covering it as a news event.

This explanation is not a criticism of the chamber or the executive director. It is a difference of approach to a political event. The chamber still provided a valuable service by presenting the forum for the public.

MAPLE VALLEY REPORTER: Black Diamond City Council debate | Live Updates

Fri, 14 Oct 2011 00:52:10 -0700

By DENNIS BOX

The Black Diamond City Council debate at 7 p.m. at the community center. The event is sponsored by the Greater Maple Valley-Black Diamond Chamber of Commerce.

The transcript below was provided by: http://www.pnwlocalnews.com/south_king/cmv/news/131833883.html

8:54

That marks the end of the debate tonight. Thank you for following it.

8:53

May: My hope is that you folks have learned a little bit more about me so that I';ve earned you're vote....we have to use a little trust in teh hope things will work out as planned. As far as me running for council, I didn't take it lightly. It's not something I jumped in fire in the belly....Black Diamond the MPd has really sharpened my interest in city government and I've taken the time to learn all of Black Diamond's municipal code. I think the biggest reason I';m running for Black Diamond city council is I want to know what goes on in executive session.

8:51

Deady: Mine would be pretty much what I stated at the beginning..it;'s been a very stressful running..this is not what I do. i'm just a stay-at-home mom. But I certainly want to bring the voice back to the community. Goodwin is doing an awesome job holding drinks at the coffee shop. All of our council members should be accessible. If I want to sit down and talk to a council member about my concerns I think it's something that should be done. I believe if I'm not hearing from the people I will go and find out what the heck is going on before I vote for them..and not wait until it's done and say hey why did you do that....I want people to know what is going on in Black Diamond before I vote on it.

8:49

Taylor: A lot of us have talked tonight about impending change. If you've ever ridden a roller coaster right at the point where you say oh my gosh; I think it's important that we make very careful very metered decisions...growth is fine, it is something that takes place..growing the economy is fine, but I think we need to be careful about how much of a growth explosion we take in at one time....so i;m not against growth. I am against growth bombs. I think we need to be really careful and consider carefully each decision.

8:47

McCain: I do believe that we are on the cutting edge of some big changes in Black Diamond. I think we can do a good job of honoring the past as well as embarcing the future. I know we can improve the school situations...and I know Black Diamond will be a better place to live because council and mayors had the vision and the forethought to put a plan in place that would prepare us best for this day. I think that we have to work harder to find a way to see each other's perspectives. I know people have the attention of having good neighbors..I would appreciate your vote..

8:46

Mulvihill: When I first ran I ran because I see something in Black Diamond where I've only seen one other place, in the prarie...I want to protect Black Diamond from th wolf at the door, and I think these last fouyr years I've done a good job at that. These negotations involved in everything, but you gain soemthing in the process as well. For the next four years I'd like to protect Black Diamond..I think we can become an award winning community unlike any other in the Pacifici Northwest. We have an opportunity that few communities have...

8:44

Hanson: no matter what happens with the law that will be followed; we have integirty, and that's so important to follow the law, and the challenges and I look forward to that.

8:43

Sorry we have had some technical difficulties but are back

8:36

We will now have closing remarks.

8:35

Deady: we should work with the other cities, including Enumclaw....we should be working...I believe that we could combine our resources. I know the code enforcer is shared by covington...I also believe we should be loking at maple valley and covington and they have a lot of growth in businesses and sergvices and they don't have a masterplan development...we should be looking and asking maple valley and covington what are they doing so right and what are we doing so wrong for businesses to want to come and leave...we want to work with the cities around so everyone's voice is heard.

8:34

Hanson: We've been having tri-council meetings. The cities are meeting once a year, and we're going over issues and seeing how we can work together..one of the bigt things is transportation, and the three cities have agreed that if we're one voice that perhaps it would be a louder voice in Olympia...they're not helping with 169 or the other highways. We do have an agreement with maple valley for public works and we do share some things, but it's kind of like it's mine and if you break it you buy it; it's hard to break past that point. We are working on it, but it si difficult because there are a lot of logistics to it.

8:32

McCain: I do believe we ave a duty to be a good neighbor to Maple valley and covington. What we have to offer here is we have the land mass to offer some unique services so that we could attract some of those consumers if we emplyoed what's different from those cities. We have a transportation issue in this part of the county; the masterplan will provide a benefit to convington as well as maple valley that they're not going to see at a federal level. I do believe we can work together to provide unique and different services to all.

8:31

May: I attended the candidate debate in Maple Valley..and I was shocked to hear yarrowbay and Black Diamond come up six or seven times..so maple valley is talking about this problem..there's got to be a way for these citirs to combine these resources, but I haven't really thought about that big of problem. I've, to be frankly, I don't have the knowledge and ability that they're gained over the last couple of years. But I'm not sure more goverment regulation is going to solve that problem. I;'m not sure if we try to increase services we're not going to have to increase taxes. So cooperation for me is a function of leadership.

8:30

Taylor: I think that yes we do need to work cooperatively. The urban growth act kind of drives that..this is where we expect piopulation desnities to be. The trick is to work cooperatively while still mainainting your autonomy within the different cities. Keeping the funding straight, the benefits going to the people who are paying for it. We're good with being copperatively and that's great...but then the devil's in the details., and there's going to be some interesting trickiness in pulling it all together, I'd say,

8:28

Mulvihill: Yes. It is. And a good example of that is with the police department several years ago got together iwth different agencies and saw each had resources that could help the other, and they could pull from those resources and not have to pay..the same can be done with Covington and Maple Valley. By pooling these resources we can save our cities money...this saves all of us with our tight budgets and enables all of communities to run more productively.

8:27

Next question: Is it necessary to work together with Maple Valley and Covington? If so, what are the best ways to do it?

8:26

Hanson: The calculation of the taxes going up; the county has a crazy forumula, when our property goes down, our taxes go up. As far as...maintaining the city, before yarrowbay came along...we had two guys working for the public works department; we had five police officers; the police chief worked two halves...and they were on a shoestring. To answer the question is we have to have growrth to have viability for the city without relying on a funding agreement. It's going to take time but we're going to get there.

8:25

Taylor: you have to run your city as a business case. it's so easy to spend other peopel's money becayse you can always just get more or you can figure out more way sto tax people. We have to be smart in our business cases and look at it like w'ere looking at that bottom line. I'm afraid that's lacking in a lot of government situations.

8:24

Next question: If elected, what are your thoughts about plans for the city budget and management? I'm deeply concerned to see we are basically breaking even, and even with my share of taxes up 44 percent, how do you make it work?

8:23

The rest seemed to agree with Hanson and Deady.

8:23

Hason: the mayor and the assistant, and city manager.

8:23

Deady: From what I've understand it's the mayor's job.

8:23

First question: Without a city adminstrator who holds the city accountable?

8:22

Now we will be taking questions from the audience.

8:22

Taylor: I never said I opposed the levy. Peopl;e implied that. I did question where the money was going and how it was going to be split and what it was going to be funding. I think there's been some dishonesty and intentionally or not as far as where the money was going to be used. The funds have always gone 3-1 to law enforcement; we need it, but we have to be able to put out fires when its necessary.

8:21

Mulvihill's question to Taylor: Why did you campaign against the public safety levy last year?

8:20

Mulvihill: A few years ago Black Diamond had its own fire department, but due to the budget cuts we had to close that, and it was really saddening something that is so important. In the meantime untul we can afford it we have contracted with the King County District 44 for our needs and with the new growth we hope to have a fire station located right in the middle of central Black Diamond. I look forward to that.

8:19

Taylor's question to Mulvihill: My reseach shows that oru fire services fall short of national average. How do you propose to close that gap?

8:19

Deady: I have looked into this. So my concern on TDRs is not really; if I was elected to city council, the TDR is not my sole decision to make. It's not that I'm for or against it. The people who them will able to come to council and voice about it. A council must listen to those voices what should be done. If the majority are for the TDrs then I would have to listen to the citizens.

8:18

Hanson's question to Deady: With the growth management act there is the transfer development rights...and in order to get the density that Yarrowbay wants they're going to have to buy these TDRs. what is your opinion of this program?

8:17

Hason: I think that's a two way street. Siting on the council seat, people can say whatever they want to and you have to take it. We do listen, but as I stated before, there are codes and these laws we have to abide by. It's very difficult...when you know there's people out there who are supportive of change and are positive but they trust their council members, they are okay with that; so they just would rather not be around the negativity. It's hard, because I do want people to come and share their thoughts, but people don't want to because it's so negative.

8:15

Deady's question to Hanson: You were begging for friends to come and support you at the city council meetings...so how are you going to make it that the community you are srving that what they're coming to you with isn't going to be complained about and brought on a public forum?

8:14

(sorry, she lives in Kent) McCain: I do believe that growth will pay for more schols and that the kids in Black Diamodn do deserve to be fought for. I've paid for schools that my children has never attended, and I believe that is the same theory that we're going to move forward.

8:13

May's question to McCain: How do you porpose to advocate for Enumclaw schools when you live in Tahoma schools?

8:12

May: I've spent about three years of time and effort trying to learn what I coukld about how it would affect us. Cohesiveness...that's a tough question; when you have so much division in th city, and as I'm out talking to folks it is very interesting. It mirrors what you have nationally. You here she';s an idiot or he's a that. It makes me crazy, because when we degenerate to that level we don't have that much time; we have to work together as people. I believe it.

8:11

McCain asking May: You have been tirelesly involved in what's going on here in the city. You have been extremely involved in the opoosition to growth and change. If elected, how would you be able to bring yourself around to a way of thinking that would be cohesive fo the city council?

8:10

Now we're moving onto candidate to candidate questions:

8:10

May's answer got missed

8:10

Deady: small manufacturing

8:10

Hanson: a grocery store.

8:09

McCain: A pharmacy for our seniors.

8:09

Taylor: small manufacturing

8:09

Mulvihill: Top food, a gorcery store

8:09

The candidates are now being asked: If there's one business you wanted to bring to Black Diamond, what would it be?

8:07

Deady: I've been talking to businesses, and more advertising for them would be good; I'm not talking about street signs. Maybe the city does a newsletter, just a little advertising on each store here to bring the awareness of what we have. I don't think a lot of people know what we have here...I also thought about making sure that the businesses that do volunteer and do give stuff, they stopped because they stopped getting recognition. They felt kind of left out. We have Miner's Day, we have Labor Day, we should have the businesses and show what's around.

8:04

Question chosen by Deady: In regards to retail leakage to neighborhing cities, what would you propose to keep retailing dollars in Black Diamond?

8:04

May: I don't have any kids of my own, but there's no doubt in mind that the best thing we can do for kids is to give them a place to play...I had a vacant lot across th street. I attended the debate in maple valley and they say they're short of ballfields and parks...part of educating kids is social skills, so it really bothers me when I go to a resutatant and there's kids with their iphones and not engaging in a conversation...the big junk of school funding comes from you and men in the form of passing bond issues. I should have said question 14 and 17. If I could sign an accomplishment is getting better schools. As these schools come online, we can't rely on bonding to people. Tahoma School District....I don't know how we're going to get buy if they don't passed a bond soon.

8:02

Question chosen by May: As this community grows, what must be done to meet the needs of the kids in adequate school facilities?

8:01

Hanson: My top two funding priorities are public safety...there's never two guys on duty twenty four hours....the other thing is the infastructure is public works we have three guys that are dedicated who work for this whole city, that's from mowing and it's keeping the roads clear...those guys need better and more efficient equipment to keep our city safe.

7:59

Question chosen by Hanson: What are your top two funding priorities. Please explain.

7:59

Mulvihill: To explain what the one thing is we need to talk about what we've done in the past. When I cofounded the Black Diamond merchant's partnership...the whole concept was to improve the communication between the merchants and the city; there was a lot of misinformation being tossed around. We started Miner's Days, and that was to advertise to the city the merhcants that are here now, and the commercial services that are available now. We discovered that without a central core it's difficult for the residents to remember that at Lake Sawyer you have the rotarys and you have the 76 gas station and the pawn shop and the historical area. We have the bookstore and the deli and the museum, because we're so spread out....

7:57

Question chosen by Mulvihill: What is the one thing the city can do to support existing businesses now?

7:56

McCain: We are on the cutting edge of some very exiciting things that can happen in our city. The next generation of customers want things different than we did. They don't want the big yard. they feel like they've been there. They feel those things we used to value as their parents are sort of old fashioned and out of date. The 21st century buyer...they want hi-tech community cities, they want walkable schools, safe neighborhoos, they really desire a multigenerational approach to neighborhoods. I look forward to moving my mother here, but there aren't a lot of opportunities....there are so many exciting concepts with building green these days, with recycled materials...they are going to demand that, and I think that is we can be proud of that as parents because they look to be good setwararts of the environment now and in the future.

7:54

Next question for McCain: Black Diamond's 50th aniversary slogan is looking back, moving forward, imagine black diamond in 20 years and pick a slogan

7:54

Taylor: The point here we focus on is fairly. I'm a propnent of property rights. Owning a lot of property doesn't make you evil. That's what our free enterprise system is built on...but if I own an acre and want to build a rock ampitheater my neighbors better be on board...the bigger it is the more impacts there will be, the more mitigating you're going to have to do and resolve ahead of time. I absolutely believe in property rights, but I also believe that we have to protect everybody's interests, rights, values, and enjoyment of life in what they have already invested in where they live.

7:52

His question: In regards to property rights, how are property rights extended fairly to both individual property owners and large property owners?

7:52

It will start with Ron Taylor

7:51

Round Three will now begin. With this round is they will be able to answer any question on the list they have been given prior to the debate.

7:51

Deady: I too have studying about the growth management act and also I have been reading a lot and trying to make a decision and learning everything on the masterplan develoment. I don't have the luxury like Kirstine does to have the lawyers help her. My main thing that differs me from Krsity I'm going to be here forever. I'm going to be here til the day I die. I believe that everything I do will affect my family as well. So I truly believe that the people's voice needs to be heard and not tossed away and not degraded by any means. I guess that's...I've studied a lot, I don't have the luxury to be on councils...

7:49

Hanson: I've been on the council for the past four years. I've learned to understand the growth management act. I've come to understand propertty rights, and that there are codes and laws that have to be followed even if you don't agree with them. I have worked to secure our sensitive areas...and when I first came on council I talked with fish and wildlife, because if we had a certain species buffers would have to be wired...I do a lot of research when it comes to learning information. I research, I talk to munipal research services. I've learned what it takes to keep this city in the balance. I've learned a lot about public infastructure, and how much it takes to keep it going and how fragile it is. I feel I have a better uhnderstanding of Black Diamond than my opponent.

7:47

Round Two question for : What distinguishes you from your opponent?

7:46

Mulvihill: I had a little bit of fun with this one. It's something that I've been thinking about is what does Black Diamond have that a lot of other communities can't offer? That's the history and at one point, Black Diamond was bigger than Seattle...back East they have all of these wonderful mines and you can tour them...become a destination, become a place where everywhere wants to come because they can't get information or an item anywhere else in the world, and we do this by taking advantage of our history, and I don't mean amusement ride but an educational center. It would take many hands, many organizations, it would have to be a public-private effort; it would take the state, the museum, the city to get together and put together some place where we could have a mine tour and educate the people who come here and get excited about the history of the pacific northwest. Doesn't that sound exciitng?

7:44

Taylor: Well that is an interesting question. Let' see. I'd probably open a new bank account....the one thing that I would do I guess, again I would have to refocus it on what's the best thing for the people, what's the best thing for the city. What's going to benefit us the most, provide for the city's common good and the people's common good going forward. I guess if I had the singular power to do it I would probably throw open the process of the planning to do the input of the people and I know that's going to be a sore that cuts both ways for people...I think that we took a wrong tack with that and we locked a lot people out of that process. I would do that over.

7:42

Round Two question for Taylor and Mulvihill: What is the one thing you would change in the city given the singular power to do so?

7:41

May: For me, what will you do to serve the city? I think the people that help enforce values are the public safet people, fire and police. I'm not really sure beyond that. It's hard for me to pinpoint one function that's most important. I'd have to say public health public safety.

7:40

McCain: I think that as I think about that question I think about it from a citizen's perspective and I expect the city government to be cohesive that there are rules that give all of us some basic core functions that we all know what we're supposed to do and that we...gosh...i think to just provide the structure that we all need...that schools can be adequate, that services can be provided, and that the wellbeing of all can be considered. I think we do a pretty good job in Black Diamond....I believe once we were incorporated in 1998 that that was really a good thing, because we did have the attention fo the city of Black Diamond when it came to police and fire...I believe that the oversight and the function of the city is best defined and how it can help us stay organized and safe.

7:38

Round Two question for McCain : What is the single most important function of city government?

7:38

Sorry, this will be Round Two for questions. Previous questions were round one.

7:38

Deady: I kind of struggled with this question. I believe that a masterplan is a good idea. I also believe that citizen input should be all the way and that it shouldn't be shut out through a quasi-judicial system....I believe the policies of the shoreline management act should be allowed and the voice of the people should be heard through this masterplan.

7:36

Hanson: I don't think there is an alternative. I think the masterplan development is a really good tool because you plan everything out. You plan where the schools and the housing and the different housing is going to be. The infastructure is really important and to make it conhesive. If we didn't have it it would be pieced together, there would be no talking back and forth, and when I look back I remember...so I think with the masterplan development we're able to control the time of the growth we can come to agreements...we can mitigate things...it's a better idea, we can definitely work better with that. The infastructure is the most important piece. Thank you.

7:34

Round Three question for Hanson and Deady: The masterplan development is one model in the U.S. that is currently being used; is there an alternative, if so please explain.

7:33

McCain: I appreciate Joe's answer to the question....I inherently feel the same way. I understand how city government is made up is it is made up a citizens..I think we're on the cusp of big change in Black Diamond. What I would hope that we could do is back off from some of the litigious issues that we have at hand and that we accept that none of us live in a city where it allows us to do what we did in high school. I think that communicating the issue of both sides is important, and that being open and not having a preconcieved notion...will help serve the people of Black Diamond and all who live here.

7:31

May: The best interest of the city seems to be what is in the best interest of the people in the city. Serving the city is a concept to be that's a little tough, because the city is a document, but the people I think that'd be a lot easier to answer. In my campaigning I'm learning a lot about the interest of the people. There's a lot of people who are committing to YarrowBay and those who are not. How are we going to solve that problem with such a schism? It's a question that I can't answer, because it speaks to a person's core values. We still go to move forward, we've got to make Black Diamond work. There might not be legal battles, none of us know. But the interest of the people serve the interests of the city.

7:30

Round Two question for May and McCain: What will you do to serve the best interst of the city moving forward?

7:29

Taylor: I think that the biggest issue we're going to face is legal battles. Regardless of the courts..I think that's going to be the biggest drain on resources. The way we're going to have to face is to be very careful and get a lot of good legal counsel and legal advices on that. I don't see that issue going away or one that's easy to navigate, and probably the biggest single issue that's going to come up within the next year.

7:28

Mulvihill:...when a referendum was passed limiting the property income tax it really put small towns like Black diamond in a bind....i think you can automatically see there's a backwards momentum there....it becomes a real struggle. Black Diamond ghas come to rely on a lot of cuts just to keep the doors open. By watching our budget very very closely and keeping it balance and cutting out the fluff and concenrtrating on the basic services Black Diamond will be able to stay balance for the coming years...we can begin to offer back the services will cut back on.

7:27

Round One for Mulvihill and Taylor: What do you think is the biggest issue facing Black Diamond?

7:25

Each candidate will have two minutes each to respond.

7:25

Next will be randomly drawn questions.

7:25

All yes.

7:25

Final question: Is Black Diamond the best city in South King County?

7:25

Answer: divided

7:24

Question: Is the current level of public safety adequate?

7:24

All yes.

7:24

Do you support the master planned developments?

7:24

Mostly yes.

7:24

Question: Do you see a future of mining in Black Diamond?

7:24

Most yes

7:24

Next question: Is growth inevitable?

7:23

Audience: No. Candidates: Mostly no.

7:23

Next question: Does the city of Black Diamond support existing businesses?

7:23

Sorry missed the first question.

7:22

It will be asked of both at the same time.

7:22

Next will be lightning round series of questions. Audience members will be asked the same questions as the candidates and will be able to answer with signs.

7:21

Mulvihill: My husband and I moved here 16 years ago. I immediately feel in love with this town from the first house I looked at. I walked my kids to school, and being in a metropolitan, and it was nice to have a gentleman introduce himself as a city council member. I can't tell you the pride that swelled up inside of me...I've shown that love over the years by being active in the community...I helped campaign against Valley Medical when they tried to take over Black Diamond. We were successful there was a 97 percent vote no. I've also supported the public safely levy in 2010 and I can't tell you how much I love this community and I believe in Black Diamond.

7:19

Taylor: I think a couple of reasons that I';m running...for many years on council I saw decisions were passed unanimously...so I feel like that part of my passion is to bring perspective that is..got the courage to disagree or bring different viewpoints...and not be afraid to disagree with the pack. I think the council needs to listen to the people and I think that's one of the most important things. We';re still a republic. Our elected officials are still supposed to do what the people want. I think they need to take direction from the people they represent.

7:18

May: I've been in Black Diamond for 14 years.....Two of three years ago somebody came into the clinic and said did you know there was going to be some growth...I said nope, hadn't heard. She said they're planning 6,000 squares homes...I said you're kidding. She said no check it out. I didn't believe her. Another day she was back in the clinic asking me if I had checked. I said no. Then she brought in paperwork and I said oh how are they going to make this work in Black Diamond. Getting involved in the process wasn't was because I was so far behind the definition of words....it took me a year to catch up, and by then I realized I was involved...somebody said you're at most council meetings why won't you just run? So am I.

7:15

McCain: I graduated from Kent Meridian in 1975. I am truly involved with the wellbeing of this community and the other communities that surrounded us. I've worked as a career realtor. But I also have no plans to move. I plan to make this my retirement home. I'm just hopefully gong to bring my skills as negotiators...so I hope to bring that sensibility back into the city council and be an active participant of the city council.

7:13

Incumbent Christine Hanson is currently giving her introduction.

7:06

Gary Habenicht will be moderating the debate.

7:05

Welcome to the Black Diamond City Council debate. We are about to begin. Sue Van Ruff of the Chamber of Commerce is currently speaking.

MAPLE VALLEY REPORTER: Questions, answers and looking ahead at Black Diamond and YarrowBay master planned developments

Thu, 06 Oct 2011 00:52:10 -0700

By DENNIS BOX

The water is still unsettled after Black Diamond City Council members Craig Goodwin and Bill Saas removed themselves from the closed record hearing for the YarrowBay developments Sept. 26.

The councillors recused themselves from the hearing after YarrowBay’s attorney, Nancy Rogers, submitted emails between Goodwin, Saas and opponents of the development. Rogers’ letter to the council members during the appearance of fairness portion of hearing stated the emails constituted ex-parte contact.

Goodwin made a statement at the hearing the emails to Bob Edelman were concerning vesting and were not about the development hearing. The councillor stated in his view the communication did not involve ex-parte contact.

Saas stated at the meeting, “Do I regret what I have done? Not one bit.... Would I do things differently in retrospect? I can say yes and no.”

Rogers’ letter stated Goodwin and Saas should recuse themselves. Also council women Leih Mulvihill and Kristine Hanson should recuse themselves because own property near the development.

Once all four recuse themselves, the letter noted all could return because of the doctrine of necessity, or the need for a quorum to make a decision on the agreements.

“In this way, YarrowBay and community member against community member attacks can be avoided, the city’s fiscal interests will be protected, and the full five-member City Council can sit together with the community, to review The Villages and Lawson Hills Development Agreements,” Rogers wrote in the letter.

Hanson and Mulvihill returned to the hearing Sept. 29 creating a quorum with Councilman Bill Boston allowing the process to move forward.

Goodwin said at the Sept. 26 hearing he did not see the email as “legitimate” reasons for recusal and he stated he would have to hire an attorney to defend himself and he was not willing to take the financial risk.

During an interview Sept. 29, Goodwin said he agreed the development agreement hearings are a quasi-judicial process, but he again emphasized his belief there was no ex-parte contact in his view.

“Anything I have been doing I’ve been straight up with YarrowBay,” Goodwin said. “My objective was to be open.”

Goodwin said his plan was to bring the opposing sides together and he pointed to an attempt to put a meeting together between the citizens technical committee and YarrowBay.

“To YarrowBay’s credit they agreed to that,” Goodwin said. “Unfortunately the (citizens technical) committee established a bunch of preconditions which killed it. That was a poor decision on their part.”

According to Goodwin he is not anti-development.

“Black Diamond needs this development,” he said. “It is appropriate.”

Goodwin said the “appropriate checks and balances need to be in place.... We need to make sure the citizens don’t pay for it.”

The councillor said he did not recuse himself for political reasons or because he is trying seeking high office.

“It is important to have principles and live by those principles,” Goodwin said. “And I’m not taking my ball and going home. I am even more committed.”

Megan Nelson, director of legal affairs for YarrowBay Holdings, wrote in an email, ““The objections regarding ex-parte contacts in YarrowBay’s letter were based on a totality of the communications. Under the appearance of fairness doctrine, the question to be asked is whether a disinterested third party observer would think from reading the communications that bias exists. We believe the answer to that question is yes. As a result, our letter was about protecting the city and the planned communities from a potential risk of future challenges. We also identified a solution that would have allowed all members to participate in the process.”

The development agreement hearings are scheduled to continue Friday and Monday at 6:30 p.m. at the Black Diamond Elementary School gymnasium, 25314 Baker Street.

Goodwin said he and Saas have scheduled a meeting for the public at 6:30 p.m. Sunday, Oct. 16 at the Black Diamond Community Center, 31605 3rd Ave.

He said people can come and ask questions concerning the recusals “and set a strategy for moving forward.”

Another issue Goodwin will address at the meeting is a comprehensive plan amendment regarding residential density requirements.

The councillor considers this an critical issue for the future of the city.

In a letter to Steve Pilcher, community development director for Black Diamond, Goodwin recommends, “Delete the requirements that an MPD have any residential density at all” and “For those developments that include residences, change the minimum residential density required from 4 dwelling units per gross acre to 4 per net residential acre.”

According to an example from Goodwin for a 100 acres MPD with 60 acres of commercial and 30 residential, the residential density would be four if based on net and 13.3 based on gross acres.

The issue will be going before the Planning Commission and there will be a public hearing regarding the proposed comprehensive plan amendment at 7 p.m. Oct. 18 in City Council chambers.

Councilman Craig Goodwin letter to Community Development Development Director Steve Pilcher

MAPLE VALLEY REPORTER: Black Diamond hearing examiner recommends approval with revisions for YarrowBay's master plan developments

Thu, 15 Sep 2011 00:52:10 -0700

By DENNIS BOX

The city of Black Diamond's hearing examiner, Phil Olbrechts, released his recommendation of approval late Tuesday for YarrowBay's The Villages and Lawson Hills development agreements with many pages outlining revisions, potential conditions and legal strategies for the City Council to consider.

The 110-page document begins with the statement, "For those who want to go straight to the point, the Examiner recommends approval of the development agreements if the revisions recommended in Section IX of this recommendation are incorporated into the development agreement."

Section IX outlines 24 revisions or "implementing conditions" to the development agreement for the two projects.

The recommendations include the staff providing more explanation concerning the fish and wildlife buffers, language concerning mine hazard areas, parks, police and fire level of service and storm water monitoring.

The opening pages of the document sketches in considerable detail many of the contentious legal and legislative dilemmas facing the City Council when it convenes the closed record hearing Sept. 21 to consider the hearing examiner's recommendations.

The Developments

The two master planned developments would add more than 6,000 residences with retail, office, light industrial, open space and recreational space. The projects have a planned 15 year build out with a five year extension.

The current population of Black Diamond is about 4,100 and if the two projects go forward the population could increase to more than 20,000.

The size of the developments with the traffic, impact on the school system, environment and challenges presented with the scope of the legal process has created considerable fear, hostility and splits within the community.

Many residents have spent a great deal of time preparing for the master plan development hearings and development agreement hearings, and have voiced their objections to the perceived problems and potential impacts the projects would have on Black Diamond and the surrounding region.

Olbrechts noted the testimony in the document writing, "the citizens of Black Diamond have undergone tremendous effort to ensure that the development agreements protect their community. The public provided over 3,500 pages of written testimony and over 20 hours of verbal testimony. Their input and suggestions will result in the substantial improvements of those agreements."

The hearing examiner also noted YarrowBay was, "very cooperative in addressing concerns expressed by the Hearing Examiner during the hearings on issues such as mine hazards and ambiguous development agreement terms, and in providing detailed responses to all of the concerns raised by the public."

The Document

Olbrechts described the document as, "a unique hearing examiner recommendation because most of the issues brought up by the public and addressed in the DAs (development agreements) are subject to discretionary contractual and policy authority of the Council."

He noted the council has "wide discretion as to what to include in the development agreements."

He stated the examiner "has little business in making recommendations on policy choices to the Council."

Olbrechts wrote the development agreements were a "powerful opportunity for the Council to look at the impacts of the master plan developments as a whole and to ensure that they will develop as intended and that all impacts are adequately mitigated."

He wrote that the recommendation was written on the premise the council must approve the agreements if YarrowBay meets the conditions outlined when the City Council approved the master planned development ordinances in September of 2010.

Olbrechts then stated that although he wrote the recommendation using that premise, "The law on whether the Council actually has that responsibility is far from clear. If the Council would like to include a term in the development agreement that is not necessary to implement the condtions and that YB (YarrowBay) is not willing to accept, exploring the option of withholding approval is worth investigating with the City Attorney."

Legal Jungle

Olbrechts spent considerable time describing implementing and supplementary conditions. The implementing conditions are those necessary to meet the conditions of approval from the MPD ordinances. Supplemental conditions are those not necessary to meet the conditions of approval.

Olbrechts noted he advised the public that implementing conditions were far more likely to be "incorporated into the DAs than supplementary conditions. A large portion of the public testimony is still devoted to supplementary conditions."

He goes on to describe a very foggy legal landscape for the council to navigate concerning its ability to withhold approval if supplementary conditions are the desire of the members, but are not met.

He also stated the "relevancy of supplementary conditions has been a major point of disagreement between the Examiner and the City and YB."

Olbrechts wrote that the city and YarrowBay "strenuously" objected to any testimony related to supplementary conditions.

He noted YarrowBay's objections was a "valid consideration in assessing relevancy. However, another important consideration is that this is a closed record review process. If the Examiner excludes testimony on a supplemental condition, the Council is prevented from re-opening the hearing to consider that testimony."

Olbrechts wrote the council may negotiate with YarrowBay over a supplemental condition, "or require the condition either under the State Environmental Policy Act (SEPA) or by taking the position that it can withhold approval of the development agreements for any reason it chooses."

The hearing examiner said he allowed the testimony on supplemental conditions to give the council all options.

Olbrechts went into considerable detail outlining the perils and possibilities of the council using SEPA authority to get supplemental conditions or simply refusing to approve the agreements without the conditions being met.

"Although the Council arguably doesn’t have the leverage to compel the inclusion of supplementary conditions into the DAs, in many instances it can still impose them as a permitting requirement pursuant to its authority under the Washington State Environmental Policy Act (“SEPA”)," he wrote. "As with the authority to withhold approval of the development agreements, the authority of the City to use SEPA is also far from clear."

He pointed out mutual agreement is always a better plan of action.

10-Day Rule

In the closing paragraph of the four-page opening Olbrechts pointed out the problem with requiring "the examiner to put together a recommendation within 10 working days of the closed record. Given the huge record of the development agreement hearings it was a monumental challenge to review, organize, evaluate and prepare a written recommendation for all of this information at the rate of hundreds of pages of written testimony per day."

He stated with more time he could have done a better job of organizing and writing "more detailed findings of fact and conclusions of law."

In a footnote Olbrechts stated he thought the courts would not uphold the 10-day rule for recommendations.

Issues of Concern

For nearly 100 pages Olbrechts documented the many "Issues of Concerns" raised by those who testified. The hearing examiner summarized each point, YarrowBay's response and the city's if provided and his assessment and recommendation to the council.

The issues included traffic models, density, financial impacts, schools, sensitive areas and open spaces.

The development hearings before Olbrechts began July 11 and lasted until July 16.

Next

The closed record hearing before the City Council begins at 6:30 p.m. Sept. 21 at the Black Diamond Elementary School gymnasium. The rules of procedure and appearance of fairness inquiries are on the agenda.

In The Courts

The projects were challenged by the Black Diamond group Toward Responsible Development in October 2010 after the City Council approved the ordinances. The group asked the Puget Sound Growth Management Hearings Board to review the process and they filed a LUPA or Land Use Petition Act appeal in the state superior court.

In a Feb. 15 ruling, the board sent the ordinances back to the city for compliance with the Growth Management Act. The board ruled the City Council should have used a legislative process to approve the ordinances rather that quasi judicial.

While remanding the process back to the city, the board did not invalidate the ordinances.

David Bricklin, the attorney representing Toward Responsible Development, requested the board reconsider invalidating the ordinances. The board denied the motion March 17.

Bricklin then asked the board to approve a direct review by the state Court of Appeals.

The board denied that motion May 18.

Bricklin appealed the board first decision to not invalidate the ordinances to the superior court.

The board's ruling to remand the ordinances back to the city has jumped to the Court of Appeals for a direct review.

State superior court Judge Cheryl Carey granted a stay April 8 on the Central Puget Sound Growth Management Hearings Board’s compliance schedule set down for the city. The stay was requested by YarrowBay.

Read Origenal Article:

http://www.pnwlocalnews.com/south_king/cmv/news/129863838.html

ENUMCLAW COURIER HERALD: Budget sails through School Board, gets OK without a hitch

Wed, 24 Aug 2011 12:50:29 -0700

Enumclaw Courier Herald Reporter
By BRENDA SEXTON

There was so much discussion leading up to the Enumclaw School District’s 2011-12 budget that no one felt obligated to speak more to the subject at the school board’s public hearing, except Tim Madden.

“I’ve said this before, it’s a very tight budget. It’s a very different budget,” the Enumclaw School District business manager told the board and audience during his brief presentation Aug. 15.

The board approved the $43.2 million budget, which includes reductions in the way of $1.2 million. Reductions due to declining enrollment, cuts in state and federal funding and rising costs in areas like energy and food.

When all is said and done, after trimming staff and cutting corners, district leaders expect to dip into reserves to make ends meet.

Enrollment losses this year are expected to cost the district $400,000. It’s a trend the district has been struggling with for 15 years. Madden pointed out the district’s enrollment has fallen steadily since 1997-98 when there were 5,004 students. This year, leaders are planning for 3,849 students to come through its doors Sept. 6.

Fewer students equates to less staff too, but not necessarily big savings.

“Even though we’ve reduced staff,” Madden noted. “Benefits keep going up.”

The majority of the district’s expenses are spent on education and staff.

Madden explained about 54 percent of the district’s revenue comes from the state; 21 percent from local taxes; 13 percent from the state for special programs and about 5 percent each from the federal government and non-tax sources like fees.

District leaders plan to spend $650,000 from the transportation vehicle fund to purchase five buses.

Madden is already looking at next year’s budget anticipating major budget reductions again.

In other business, the board:

• recessed to attend the Enumclaw City Council discussion regarding the two entities’ Pete’s Pool stadium relationship (see story on Page 1).

• accepted a $2,000 donation from the Buckley Log Show for an EHS scholarship.

• continued its long-standing tradition to waive senior citizen fees for entrance to school activities and events.

• OK’d the director district boundary changes presented by Sammamish Data, based on 2010 Census numbers.

• announced its next workshop for Sept. 6 and its next regular meeting will be Sept. 19, both at 6:30 p.m.

• accepted a leave of absence for Kibler Elementary Teacher Kathy Zampieri.

• accepted resignations from middle school paraeducators Cecilia Gaynor and Gloria Weed.

• hired licensed maintenance technician Rick Tyler.

Enumclaw Courier Herald Reporter Brenda Sexton can be reached at bsexton@courierherald.com or 360-825-2555, ext. 5052.

ENUMCLAW COURIER HERALD: Community was included in school board's YarrowBay decision

Tue, 26 Jul 2011 12:50:29 -0700

As elected officials to your Enumclaw School Board, we take our positions in making decisions that will affect our students and communities very seriously. There is not a decision made that we don’t consider the ramifications of our actions. We write this as the three board members that took action on the agreement, but we operate as a team of five. April Schroeder was just appointed in June and Tim Nickson recused himself from taking action on the agreement identifying a conflict of interest.

It is and always will be our intent to make decisions in an open and honest manner. When we read the piece last week about the school mitigation agreement with Yarrow Bay and the city of Black Diamond stating the board didn’t listen to the community, we felt compelled to make sure that the information being reported is factually correct. In October and November of 2009, three different informational meetings were held outlining the agreement. The Nov. 12, 2009, meeting was held in the Enumclaw High School library. Minutes can be found at the Enumclaw School District (ESD) website by using the Yarrow Bay link at the bottom of the page. Changes to the agreement were made from concerns the public shared, like removing access from Green Valley Road and increasing buffers. Action to approve the Tri-Party agreement was done 14 months after those 2009 meetings and the district waited until the first development hearings concluded last spring.

We understand growth will impact our school district and our district team negotiated diligently for four years with Yarrow Bay and the city of Black Diamond. As a result of the agreement, ESD secured property for school sites before the development has even occurred. School districts are often forced to find/purchase available land and then must still pass bonds to build the structures. Having this designated property is a great asset for the future of our school district and whoever may lead it over the next 20 years.

Enumclaw and Black Diamond are two communities, but we are one school district. Even though there is geographical divider in the Green River, there are 4,400 students that deserve the best educational experience we can provide.

It is the desire of the entire board and district, that lines of communication are always open and honest.

We thank you for the opportunity to represent our two communities and we will continue to work tirelessly for you and your family.

Chris VanHoof, president

Corey Cassell, vice president

Nancy Merrill

Enumclaw School Board

THE SEATTLE TIMES: Neighborhood of the week: Covington

Fri, 15 Jul 2011 12:50:29 -0700

Despite rapid growth, the relatively new city of Covington maintains an out-in-country feeling that comes with home prices that appeal to young families and first-time buyers.

By Madeline McKenzie
Special to The Seattle Times

This scene in Covington — with a kid on a bicycle and newer single-family homes — brings a classic suburban feel to a formerly rural area.

Nearly everything in the retail core of Covington has been built in the last 10 years, and in fast-growing South King County's newest city, an "older home" was built in the 1960s or 1970s.

There's no downtown, just a busy shopping area with City Hall sharing space in a modern building — with such tenants as a dental office and massage clinic — that is near a strip mall.

Quiet suburban cul-de-sacs right off the traffic roundabout near Costco and Fred Meyer, horse farms a few minutes up the road from Walmart, Kohl's and Applebee's and a background of evergreens and Mount Rainier behind the 272nd Avenue Southeast commercial district are oh-so-Covington.

"It a nice place to be, out of the rat race," says local resident Kevin Holten, owner of a small, folksy garden-art store across the street from the huge Costco.

"It was more rural when I moved here 25 years ago; there's been a lot of building the last 10 years or so. I live five minutes away in a house on more than an acre — everything is just a few minutes away."

Affordable housing is the area's big draw, with most homes in the $200,000 to mid-$300,000s price range, popular with young families and first-time homebuyers.

Most of the homes are single-family houses, many with large yards. There also are some high-density neighborhoods with houses where "you can stick your arm out the window and touch the house next door," as one longtime resident said.

Retail expansion and the building of new homes have continued in Covington despite the economic downturn of recent years.

"A lot of people are still hesitant to buy because of economic uncertainty, but there's properties with multiple offers every week," says Michelle Constantine, a local Windermere Real Estate agent and resident. .

"Convenience is really a draw, the combination of so many services and a relatively easy commute to Seattle and the Eastside."

Like many residents, Constantine praises the local schools and convenience to outdoor activities and rural areas.

New home projects include Coho Creek near Kentwood High School that's sold about half its 117 homes, priced from $255,000 to the $290,000s, since opening late last year.

Most houses in Covington were built in the 1980s or later, mainly in developments, with some large-acreage and high-end properties scattered throughout town.

The median value of all single-family houses in Covington, not just those that recently sold, was $219,700 in April, according to Seattle-based Zillow. That's down 10.1 percent year-over-year, but up 0.8 percent from March, the Zillow Home Value Index shows.

Houses recently listed for sale in Covington ranged from a small, three-bedroom for $125,000; a three-bedroom, 1,490-square-foot house with a partial view of Mount Rainier for $199,950; a two-level, four-bedroom with large landscaped yard for $230,000; a five-bedroom home on a large lot for $334,900; and a large house on an acre for $599,950.

Vacant lots and tracts are also available. Like most of South King County, the area has become more diverse in recent years, with ethnic eateries in local strip malls offering teriyaki and pho in addition to area's fast-food restaurants.

Formerly an unincorporated area of Kent, Covington takes its name from an 1880s surveyor who helped logging companies develop a railroad line in the area.

Incorporated in 1997, Covington has its own police, parks department, mayor and city council; public schools are part of the Kent School District.

The city is working on a pedestrian-oriented "Main Street" downtown with a public plaza, still in the planning and zoning stage. City amenities include parks and the popular Covington Aquatic Center indoor pool.

Access to Covington is via Highway 167, accessible from Interstate 405, either through Kent on Southeast 272nd Street or via Highway 18. With the rapid growth in the area, many residents work in Southeast King County, along with those who commute to Seattle or the Eastside.

Besides Metro Transit bus service, Kent Station provides commuter options including the Sounder trains to Seattle, Everett and Tacoma.

"This is a great place," says resident Troy Lightbody. "It's small; everything's so close, all the stores, Lake Sawyer and Lake Meridian," one of several locals who raves about shopping convenience close to outdoor recreation.

Erika Panzer, a resident and college student, praises Covington's location "between Seattle and Tacoma, between the SuperMall and Southcenter, with good schools, short commutes to all kinds of stores, restaurants and Green River Community College."

"I love it here," Panzer says. "We're in the middle of everywhere."

Covington

Population: 17,640

Distance to downtown Seattle: About 26 miles.

Schools: Covington is served by the Kent School District.

Recreation: This is a big weekend with Covington Days Festival running from Friday through Sunday at Cedar Heights Middle School, 19640 S.E. 272 St. It features parades, a fun run and walk, food, and art.

History: The area now known as Covington was originally called Jenkins Prairie. In the 1880s, the Northern Pacific Railroad commissioned a surveyor by the name of Covington to develop a railroad line between Auburn and Kanasket. A stop along the route was named for him and eventually the area surrounding the depot would be called Covington, according to Historylink.org.

— Seattle Times news researcher Miyoko Wolf

MAPLE VALLEY REPORTER: Development agreement hearings for YarrowBay developments in Black Diamond begin

Tue, 12 Jul 2011 14:54:50 -0700

By DENNIS BOX
Covington Reporter Regional Editor
July 12, 2011

The development agreement hearings for the two Black Diamond master planned developments, The Villages and Lawson Hills, began Tuesday evening at the Sawyer Woods Elementary School.

The city’s hearing examiner, Phil Olbrechts, presided over the proceedings. The city’s Community Development Director Steve Pilcher, and Nancy Rogers from the Seattle law firm Cairncross & Hempelmann, representing the Kirkland developer YarrowBay, each made a presentation describing the agreement.

The two developments are projected to add about 6,000 residences with retail, office, light industrial, open space and recreational space. The projects are planned for a 15 year build out with a five year extension.

Black Diamond currently has a population of about 4,100 and the projects would increase the population to more than 20,000.

The population of the cities near Black Diamond are Maple Valley with about 22,000, Covington at nearly 18,000 and Enumclaw at about 10,000.

Following the presentations by Pilcher and Rogers six members of the public testified, all objected to various aspects of the projects including traffic mitigation, construction of schools and paying for schools.

Rogers based her presentation of the projects on the development agreement guide, which is posted on the website inblackdiamond.com.

The guide outlines the mix and types of housing YarrowBay has proposed, commercial development, transportation mitigation, parks, trails, open spaces, schools and the financial impact on the city.

Rogers emphasized YarrowBay's view that through a wide variety of housing styles and densities the projects "mimicks the small-town style."

The guide document noted, "Another reason to offer such a wide variety of housing is to offer homes that people will actually want to buy. YarrowBay is not interested in developing homes or commercial areas that will sit vacant for long periods of time."

Regarding the fiscal impact to the city, Rogers stated the development agreements "assures protection of the city's bottom line."

Rogers noted the city would collect taxes on the projects and as part of the conditions of approval for the projects there is a funding agreement where the developer pays for city staff needed for the development phases.

Mike Irrgang, a Black Diamond resident, spoke in opposition to the developments stating "I feel there is an enormous, unfunded legal liability in the development agreement. That is the issue of the schools."

Rogers objected to Irrgang's testimony stating it was not directly related to the development agreement, but addressed the mitigation agreement signed by the city, YarrowBay and the Enumclaw School District.

The agreement calls for YarrowBay to provide land for seven to eight schools including elementary, middle schools and a high school.

The hearing examiner stated the hearing was to decide if the development agreements meets the conditions of the approved MPD ordinances. However, he said the agreements were "fairly broad" and he intended to "be pretty opened ended about what can be discussed."

Olbrechts pointed out that if the issue discussed did not directly address the "conditions of approval you're probably going to need the applicant to voluntarily do something about it.... The odds of that probably are not sky high."

Irrgang said his point was, "The combination of the MPDs, the school mitigation agreement and the development agreement creates a situation that virtually guarantees the law cannot be followed."

Rogers again raised an objection that the statement did not relate to the development agreements. She noted she had to raise the objection in a "timely manner" so the hearing record had the objection noted.

Irrgang stated the residents of Enumclaw and people south of the Green River were not benefitting from the schools.

"If you have houses where the taxpayers will not likely approve the funding of the schools then I would propose you must include a condition in the development agreement where you have a hard stop to all continued construction until such schools are funded."

Olbrechts ruled again he would allow the statement over Roger's objection, but, he noted if the issue raised did not directly address the condition of approval in the development agreement it was "not likely to be acted on."

The hearing examiner also pointed out for the audience it was Roger's job to make certain the objections were on the record in the event of an appeal of the proceedings.

Olbrechts went on to describe the development agreement as a "type of horse trading" between the applicant and city, where different conditions can be addressed through trades. He stated his plan was to allow a wide range of testimony that may not directly address the conditions of the approval, but, may provide information to the council.

"Because the scope of the development agreement is so broad I think the testimony can be broad as well," Olbrechts said.

Irrgang also raised the issue of traffic mitigation and addressing the regional impact from the projects.

Ron Taylor said he was concerned with the "vagueness of the development agreement.... There are far too many yet to be determined in the development agreement."

The hearing is scheduled to continue Tuesday, Wednesday and Thursday at 6 p.m. at the school, 31135 228th Ave. S.E., Black Diamond. Saturday the hearing is set to begin at 9 a.m.

The two projects were approved by the City Council in September 2010.

A Black Diamond group, Toward Responsible Development, filed a land use petition act or LUPA appeal in superior court and asked the Growth Management Hearings Board to review the projects.

The board remanded the ordinances approving the projects back to the city stating a legislative process should have been used rather than a quasi-judicial. The board said a legislative process would have allowed more public participation.

The board did not rule the ordinances were invalid, but, directed the city to send the projects to the Planning Commission for a hearing and a recommendation to the City Council.

The parties agree to ask the growth board to allow a direct appeal of the board decision to the state appeals court. The board agreed and the appeals court has accepted the case.

The LUPA appeal is still in superior court.

The board set up a compliance schedule for the city to complete the legislative process, but, superior court Judge Cheryl Carey granted a motion to stay the board’s schedule.

The development agreement is the next step in the process after the ordinances were approved by the City Council. The document is an agreement between the city and YarrowBay providing more detail concerning the construction of the projects.

The hearing examiner will provide a recommendation to the council following the hearings regarding the development agreements compliance with city code and the conditions set down in the approved ordinances.

Once the hearing examiner provides the recommendation, the council will consider the agreements.

The Villages calls for 4,800 residences with a mix of single-family and multifamily homes, 775,000 square feet of commercial, retail and light industrial and 481 acres of open space, trails and recreation use.

Lawson Hills proposes 1,250 homes, 390,000 square feet of commercial, retail, office and light industrial and 144 acres of open space, trails and recreation use.

THE SEATTLE TIMES: Black Diamond split over big growth plans

Mon, 04 Jul 2011 12:50:29 -0700

Black Diamond is in an uproar over two planned communities that would bring 6,000 new homes and 16,000 residents to a small city connected to major employment centers by two-lane roads.

By Keith Ervin
Seattle Times staff reporter

The developer: "When I was a kid in the '60s, we would disappear into the forest and play all day. We want people to have that kind of experience here." Brian Ross, YarrowBay Holdings owner and CEO, stands at the site of one of his two proposed Black Diamond developments, Lawson Hills, where about 1,200 homes are planned.

Amid a lush forest of ferns and moss-draped Douglas fir, Brian Ross explained why folks in Black Diamond shouldn't fear the two developments he's preparing to build on more than 1,500 acres.

Parts of this forest will remain standing, wetlands will be protected and trails will connect the old coal-mining town with the new communities.

"You see these old stumps? They're amazing," said Ross, owner and CEO of Kirkland-based YarrowBay Holdings. "When I was a kid in the '60s, we would disappear into the forest and play all day. We want people to have that kind of experience here."

Ross is raring to break ground but has been frustrated by the lengthy hearings and appeals that have come with a storm of controversy.

Many vocal residents say the developments are too big for a sleepy town at the far edge of King County's urban-growth area, many miles from freeways and major job centers.

YarrowBay's projects, The Villages and Lawson Hills, would bring as many as 6,050 homes over 15 to 20 years, roughly quintupling the city population to more than 20,000.

Similar in concept to Redmond Ridge, Snoqualmie Ridge and Issaquah Highlands, the Black Diamond developments would be the largest planned community in King County, both sides say.

"They call it 'rural by design,' " said Bob Edelman, one of the residents who has appealed the city's preliminary approval of the projects. "It's really plunking a city down on top of Black Diamond.

"This is creating a city of 20,000 at the end of a two-lane highway that isn't going to get any wider. There's no money to improve the highway. Where are the jobs going to come for these people? They're not going to be here. Traffic's going to be a nightmare."

By the numbers

YarrowBay and city officials say the developments will create jobs, although projecting an accurate number isn't easy.

"All people think about is the number of homes there could be," Mayor Rebecca Olness said. "They don't think about how much open space there will be and parks and trails and retail. We don't have a grocery store. We don't have services. We need that."

Citizens packed hearings last year to speak against the projects and argue that Olness and some City Council members were biased in YarrowBay's favor.

"There were personal attacks, and it was very unpleasant," Olness said the day after someone spray-painted on the side of a vacant house in the center of town, "Mayor / Council Whores for Yarrow Bay!!"

The message was removed by neighbors.

The City Council last year gave preliminary approval to the developments and set conditions intended to soften the impact on roads, noise, schools and Lake Sawyer water quality. Opponents appealed to the Central Puget Sound Growth Management Hearings Board, which ruled the city violated its laws by revising its comprehensive plan without referring it to the Planning Commission.

While the courts review the board's decision, YarrowBay has submitted plat applications for the first 1,000-plus homes, hoping to "vest" its right to build under the laws now being challenged in court.

Opponents question the city's ability to impartially review proposals from a company that pays the salaries of virtually all employees involved. Under the principle that "growth pays for growth," YarrowBay this year will pay the city $1.6 million, or 35 percent of the general fund, underwriting 12 of 27 staff positions. This money reimburses the city for costs associated with reviewing and processing the development plans.

"In Chicago, you call it a bribe," said Cindy Proctor, an opponent of the projects.

Olness said it is "absolutely untrue" employees are influenced by the source of their paychecks. The developer, she said, is not receiving special treatment.

Slow growing

Howard Botts, whose family moved to Black Diamond in 1933 and who saw it change from a community of miners and loggers to one of long-distance commuters, said he knew when he became mayor in the 1980s that the town needed to grow.

"There wasn't the tax income coming in to really support the town, to have the services the town needed. I knew we had to grow," Botts said. "I guess I didn't realize it was going to grow to the degree that's talked about now."

Even with sizable "greenways" of forest and wetland, the developments won't look much like the one-time company town where coal miners worked, and sometimes died, as deep as a mile underground.

The Villages and Lawson Hills would wrap around the western, southern and eastern sides of town, with areas designated for commercial use, single- and multifamily homes, possibly a retirement community, four schools, wetlands and parks. Developers say the homes would sell for $200,000 to $1 million, at today's prices.

The new communities would "weave in" to older parts of town, company officials say.

"We're trying to complement and increase business in downtown, not take away from it," said Colin Lund, the company's chief entitlement officer. "We would love to see a 200 percent increase in bakery patronage," a reference to the popular Black Diamond Bakery.

The stage was set for the developments in 1996, when King County agreed to let Black Diamond expand its boundaries in exchange for property owners preserving 4 acres of forest for every acre added to the city.

The largest landowner, Plum Creek Timber, later sold much of its land to YarrowBay in 2006.

County Councilmember Larry Phillips called the deals that allowed the city to expand "a monumental victory" against uncontrolled sprawl.

YarrowBay this year backed out of a separate, $51 million agreement to buy the county's unincorporated, 156-acre "Donut Hole" in Maple Valley, saying there was too much uncertainty about how the property could be developed.

Traffic measurement

If all goes according to plan, Black Diamond will become an employment center attracting workers from nearby Covington and Maple Valley "once we can get Black Diamond on the map," YarrowBay's Ross said.

No one knows how many jobs The Villages and Lawson Hills would bring. "We're guessing," Olness said, noting traffic impacts would be measured after 850 homes are built, to determine if more road improvements are needed.

YarrowBay would pay most of the cost of Black Diamond's 20-year road plan, and a share of road work in Covington and Maple Valley.

Even with that help, Maple Valley City Manager David Johnston said, congestion will worsen on Highway 169, where residents already spend up to an hour and a half traveling each way to jobs at Boeing in Renton and Microsoft in Redmond.

Traffic on pastoral Green Valley Road is expected to increase 300 to 400 percent.

City Councilmember Craig Goodwin said he voted in favor of the development proposals — even though he thought The Villages' density of nearly nine homes per residential acre was "poor public policy" — because the projects were consistent with city law.

The YarrowBay communities could be the last of their kind to be permitted in King County for a long time, said Johnston and King County Development and Environmental Services Director John Starbard.

Vision 2040, a long-range plan adopted in 2008 by the Puget Sound Regional Council, renounced "fully contained communities" separated from cities and recommended that no more than 5 percent of future population growth take place in small cities such as Black Diamond.

The development plan

YarrowBay Holdings' proposals for Black Diamond:

Two developments: The Villages and Lawson Hills

Land: More than 1,500 acres, more than two-fifths left in natural state, largely around wetlands or in parks

Housing: 6,050 units — homes, town houses, apartments and condos — for 16,000 residents

Time frame: To be developed over 15-20 years

Jobs: Projected to create more than 1,000 construction jobs and up to 3,500 permanent jobs

Schools: Up to seven public schools would be built as number of children grows

Commercial development: Stores and offices in village center. Light industry, big-box retail off Highway 169

King County officials have objected to YarrowBay's plan to locate up to three public schools and a large stormwater pond on the rural side of the urban-growth boundary.

Edelman, a retired Boeing engineer, said he isn't opposed to development — "I'm a Republican," he whispers — and could live with a scaled-down proposal.

"Slow down," he said. "Start with a small pace and scale. Expand as demand builds."

Keith Ervin: 206-464-2105

or kervin@seattletimes.com

MAPLE VALLEY REPORTER: Public hearing set for the development agreements on YarrowBay master planned developments in Black Diamond

Wed, 22 Jun 2011 09:51:26 -0700

By DENNIS BOX
Covington Reporter Regional Editor
June 22, 2011

Public hearings on the development agreement for the two Black Diamond master planned developments, The Villages and Lawson Hills, has been scheduled to begin in July.

The meetings will be presided over by the city’s hearing examiner, Phil Olbrechts, and are set to convene at 6 p.m. July 11, 12, 13 and 14 at Sawyer Woods Elementary School, 31125 228th Avenue S.E.

A 9 a.m. start is set for Saturday, July 16 at the same school.

The city is planning an open house prior to the hearings for the public to come and ask questions of the staff and consultants from 6:30-8:30 p.m. Tuesday in the Black Diamond Elementary School gymnasium, 25314 Baker St.

The development agreement provides more detail on the projects than the master planned development environmental impact statement and other documents that were presented during the 2010 hearings that resulting in the approval of the projects by the City Council.

Legal challenges

The ordinances approving the two developments were unanimously passed by the City Council in September 2010. The council decision followed more than two weeks of master planned development hearings before Olbrechts in March 2010 and deliberations by the City Council following the hearing examiner’s recommendation to approve the developments with conditions.

The Black Diamond group, Toward Responsible Development, filed a LUPA or Land Use Petition Act appeal in superior court and a suit in federal court. The group also requested a review by the Central Puget Sound Growth Management Hearings Board.

The board ruled Feb. 15 the council should have used a legislative rather than quasi-judicial process to approve the ordinances stating the legislative process would have allowed more contact between the residents and council members.

The board remanded the ordinances back to the city for compliance with Growth Management Act. The board did not rule the ordinances were invalid.

The process order by the board was halted when Superior Court Judge Cheryl Carey granted a stay April 8 on the board’s schedule of compliance for the city.

The board granted a request from Toward Responsible Development submitted in March for a direct review to the state Court of Appeals, bypassing Superior Court, on the decision to remand the ordinances back to the city.

While the numerous legal challenges wind through the court system, the city and Kirkland-based developer, YarrowBay, are continuing to move ahead with the development agreements, which is the next step following the council approval of the ordinances.

The Villages is a 1,196 acre property where YarrowBay has proposed building 4,800 residences, 775,000 square feet of retail, office and light industrial with schools and open spaces.

Lawson Hills is 371 acres and would have 1,250 residences and 390,000 square feet of commercial along with schools and open spaces.

ENUMCLAW PATCH: Enumclaw schools study giving Black Diamond more representation

Tue, 21 Jun 2011 14:54:21 -0700

June 21, 2011 By STEVE POWELL Enumclaw Patch Reporter

The Black Diamond area needs more representation on the Enumclaw School Board. Board members seemed to agree with that at Monday night’s meeting. But how that will happen is yet to be determined.

The school board was discussing proposed new boundaries for the district. The process takes place every 10 years, after the Census comes out. The goal is to keep each director district as close in population as possible, schools superintendent Mike Nelson explained. The total population in the district is 25,179, which would mean 5,036 people in each of the five districts. Currently two districts are 400 people apart. With changes drawn up by Sammamish Data, the difference would fall to a more acceptable 112 variance.

Nelson recommended setting up a public hearing and then voting on the issue at their next meeting, July 18.

However, the discussion took a different turn once Nelson said: “We expect Black Diamond to explode in the next 20 years, but we have to go with what we know now.”

Board members seemed to ask, why wait?

Tim Nickson, who represents the area now, said that Black Diamond is expected to grow, maybe to be as big as Enumclaw, in the next decade or so.

“Thinking forward, that’s a lot for one person,” he said. “We’d serve the district better with two voices.”

Rather than accept new boundaries as drawn up, he and others said they’d like to see Sammamish Data look at if boundaries could be redrawn so that the Black Diamond area could get more representation on the board.

Board President Chris VanHoof said even though each director represents a district, in reality all of them are supposed to represent all of the districts.

“Tim has done a good job. Some of us have been lazy. We need to go there more often,” VanHoof said.

The board decided to have Nelson instruct Sammamish Data to see if the numbers in each district could be evened out and still get Black Diamond more representation on the board. VanHoof said he still would like to see a public hearing set up and then a vote July 18.

MAPLE VALLEY REPORTER: Hearings in the works for YarrowBay projects in Black Diamond

Thu, 26 May 2011 08:56:30 -0700

By DENNIS BOX
Covington Reporter Regional Editor
May 26, 2011

The two YarrowBay master planned developments in Black Diamond continue to inch forward despite legal tangles spreading across a couple of superior court chambers and the Puget Sound Growth Management Hearings Board.

The city’s hearing examiner, Phil Olbrechts, conducted a nearly four hour prehearing conference Monday to begin to iron out some of the details before the public hearing begins on the development agreements.

Kirkland-based developer YarrowBay is planning to build two master planned developments in the city, Lawson Hills and The Villages. The two projects would add about 6,000 residences with commercial, office, open spaces and schools.

According to city staff, Olbrechts will set the date for the hearing about 30 days after the final draft of the development agreements are complete.

The earlier drafts and the final development agreement draft will be posted on the city’s website, www.ci.blackdiamond.wa.us/Depts/CommDev/mpd_page.html, and a copy will be available at City Hall.

The estimate from the city is the final draft could be completed in early June and the public hearing before Olbrechts would begin in mid to late July.

Olbrechts set June 13 as the date for all prehearing motions to be filed and disclosure of expert witnesses.

June 20 is the date responses to motions and the list of experts witness will be due. Final responses to motions and expert witnesses are due June 24.

All filings will be posted on the city’s website.

The development agreement is a document setting down the rules that will govern the two projects. The agreement provides more detail on the projects than the master planned development environmental impact statement and other documents that were presented during the hearings last year resulting in the approval of the projects by the City Council.

The development agreement provides more detail on the construction of the projects and must be consistent with the city’s code and the ordinances approved by the council on Sept. 20, 2010.

Legal puzzle

The projects were challenged by the Black Diamond group Toward Responsible Development after the City Council approved the ordinances.

The group asked the Puget Sound Growth Management Hearings Board to review the process and they filed a LUPA, or Land Use Petition Act, appeal in state superior court.

While remanding the process back to the city the board did not invalidate the ordinances.

David Bricklin, the attorney representing Toward Responsible Development, requested the board reconsider invalidating the ordinances. The board denied the motion March 17.

Bricklin then asked the board to approve a direct review by the state Court of Appeals. The board denied that motion May 18.

Bricklin appealed the board’s first decision to not invalidate the ordinances to the superior court.

The board’s ruling to remand the ordinances back to the city has jumped to the Court of Appeals for a direct review.

State Superior Court Judge Cheryl Carey granted a stay April 8 on the Puget Sound Growth Management Hearings Board’s compliance schedule set down for the city. The stay was requested by YarrowBay.

Bricklin stated despite the legal puzzle surrounding the process the City Council can chose to invalidate the ordinances.

“The City Council has the power to pull the plug,” Bricklin said. “They can do it and do the right thing.”

YarrowBay’s side of the argument is the process should move forward since the ordinances are approved.

“This May 18th ruling underscores the city of Black Diamond’s authority to continue forward with processing YarrowBay’s development agreement and preliminary plat applications under the existing MPD permit approval ordinances,” Jenna Kaluza, director of pubic affairs for YarrowBay, wrote in an e-mail.

VOICE OF THE VALLEY: Randall Arendt Explains Smart Growth Principles

Mon, 23 May 2011 08:41:25 -0700

In 1990, the Washington State Legislature passed the Growth Management Act (GMA) in response to the loss of working farms and forests to suburban sprawl, environmental degradation, increased traffic congestion and other consequences of unchecked growth. The GMA was the response to the reality that Washington State’s population was increasing rapidly (the Puget Sound region has added an average of approximately 500,000 new residents and businesses per decade since the 1980s). While debate over the successes and failures of the GMA continues to this day, the basic goal is simple: require that counties, cities and community members work together to ensure that growth is implemented in a responsible manner and concentrated within the Urban Growth boundary line.

The GMA required the state’s largest and fastest growing counties to create comprehensive plans for achieving smart growth, which protects open space and working farms and forests while mitigating the variety of impacts that new developments have on surrounding communities.

As Washington’s largest county, King County was required to develop a plan for growth. The King County Comprehensive Plan, first established in 1994, created an urban growth boundary where new development at urban densities can occur, while strictly limiting growth outside these boundaries. Maple Valley and Black Diamond are located inside the southeastern edge of the boundary, meaning that these cities are zoned for urban growth.

My book, Rural by Design: Maintaining Small Town Communities, demonstrates how areas poised for growth can maintain their character and small town feel as they grow. Since 1990, the area in and around present day Maple Valley has undergone tremendous growth. This area has grown from nearly 1,500 residents in 1990, to more than 22,000 people today.

As part of King County’s Comprehensive Plan, Black Diamond was required to create its own plan to manage growth within the city limits. After extensive discussions between the City and King County, the Black Diamond Urban Growth Area Agreement (BDUGAA) was passed in December of 1996. The main goals were to protect the Rock Creek/Lake Sawyer Watershed, maintain Black Diamond’s community character, provide a healthy mix of jobs and housing, and make efficient development a priority.

While there are numerous design features that are important to creating a successful community, among the most crucial are a commitment to environmental sustainability, the creation of an integrated trail network, and a variety of housing options that allow local residents to transition through multiple phases of their lives without leaving their community.

Environmentally sustainable development includes sensitive site design to preserve natural areas, protect water quality by providing stormwater infiltration and aquifer recharge, and orienting buildings to maximize passive solar gain. It also encourages the preservation of connected wildlife corridors so that growth does not drastically impact native plants and animals.

Black Diamond’s Master Planned Development initiative is grounded the recognition that open space, passive and active, should be the organizing elements on which the built environment is designed. Open space is an essential component of maintaining a healthy community, but in too many cases is an afterthought as cities build out. Black Diamond has long been ahead of the curve in understanding and embracing the importance of open space. Similarly forward thinking, Black Diamond has been deliberate in their efforts to recognize the many ways open space improves sustainability and improves its citizens’ quality of life. Accordingly, Black Diamond embraces the importance of connecting open space with an extensive trail network that provides safe routes to schools, parks of varying sizes and uses, village centers and other community gathering points.

By blending new development with protected open space, where parkland and trails balance the higher building densities, residents get a walkable community where large tracts of habitat are conserved. When carefully planned, compact development uses land more efficiently, lowering infrastructure costs, including those relating to long-term maintenance.

A sound design plan and vision for growth is an important factor that will help Black Diamond grow with grace. However, the execution is just as important as the plan itself. In Maple Valley and many other communities with conventional zoning, we have seen what can happen when several smaller developments are built without sufficient coordination to the overarching goals of the community. The result is a community with very little walkability, an insufficient trail network and no true town center.

Much of the development in Maple Valley fails to reflect Rural By Design principles, but with Black Diamond poised for growth over the next 20 years the city has an opportunity to create a community with character; one that includes innovative design plans, mixed land use, an integrated open system and a variety of housing.

The advantage Black Diamond has in achieving the type of growth I envision is that the City is working with one master planner, rather than a number of developers, each building smaller scale projects.

Because YarrowBay is developing a large area, it is able to look at the bigger picture and determine with the City the ideal locations for schools, shopping centers, trails, parks and other public amenities. While smaller, piecemeal developments cannot achieve the kind of comprehensive planning necessary to implement many of the features of successful communities, YarrowBay will be able to implement the city’s vision from day one.

I have looked at YarrowBay’s plans for The Villages and Lawson Hills and am pleased to see a number of the features I believe are most essential to building strong communities. I am confident the City of Black Diamond, in concert with YarrowBay, will be able to do a much better job than other nearby communities have done attaining the City’s vision for growth, while maintaining the historic, small-town character that is essential to Black Diamond’s community identity.

Randall Arendt

Growth Mangement Hearings Board Denies Certificate of Appealability

Fri, 20 May 2011 16:02:43 -0700

On Wednesday, May 18th, the Growth Management Hearings Board (GMHB) refused Towards Responsible Development’s request for direct Court of Appeals review of its decision not to invalidate YarrowBay’s two Master Planned Developments. The GMHB has twice refused to find in favor of Toward Responsible Development’s request to invalidate YarrowBay’s MPDs in Black Diamond, and has now issued a third decision stating that the decision to maintain the MPDs as valid enactments does not rise to the level of being a significant precedent or having important regional significance.

This May 18th ruling underscores the City of Black Diamond’s authority to continue forward with processing YarrowBay’s development agreement and preliminary plat applications under the existing MPD Permit Approval Ordinances. YarrowBay remains committed to the goal of helping Black Diamond meet its growth needs through careful and thoughtful land planning that focuses on the principles of smart growth, sustainability and well-planned infrastructure.

To view the full decision please click here [pdf].

ENUMCLAW PATCH: Taxes in April Help Boost School District Revenue

Tue, 17 May 2011 16:07:49 -0700

While school districts around the state continue to keep a watchful eye on proceedings in Olympia as they pertain to the state budget, Enumclaw School District director of business and operations Tim Madden had some good news for the school board at its meeting Monday night: April's tax season helped give a substantial boost to the district's general fund and while that was expected, the unreserved ending fund balance at month end stood at $5,351,736.61, "which is really good," he said.

All things considered, both revenues and expenditures came close to what was forecasted, and district staff and administrators have been trimming spending where they could, he said. "We've made adjustments on our expenditures," Madden said.

As an example of this, board member Nancy Merrill pointed out that in contract negotiations for Superintendent Mike Nelson next year, there was virtually no change to his contract -- there would be no salary increases for Nelson.

Of note, from a cost-saving perspective, was that the Enumclaw School District this year scored a 100 percent on an assessment performed by the Washington Schools Risk Assessment Pool, which manages insurance for the district, Madden said.

The assessment looked at policies and procedures that the district implemented in support of 'boundary invasion,' or relationships between students and staff, and the use of technology to promote that, he said.

Practically this means that the school district can now benefit from a "savings in our premiums," he said.

Without a final state budget, it remains difficult for district administrators to proceed with drawing up a district budget for next year. The board questioned Madden on what news he's heard about budget proceedings in Olympia, and he responded that legislators seem to be leaning toward the House budget, preferred over the Senate budget as it pertains to education, but the hold-up isn't with education. Rather, lawmakers continue to wrangle over issues with Labor and Industries and insurance rates, he said.

Keep Eye on District Web site

With so many end-of-the-year events and announcements taking place leading up to summer break, the district is updating its web site daily to highlight the latest news going on in local schools, said Nelson.

Several Enumclaw High School teams are continuing competition into the post season and the school's production of The Tempest begins this Thursday, May 19 through Sunday, May 22.

"Our students are excelling in all these different facets," he said.

Running for School Board

Outside of school activities, the district web site is also the first stop for any community member looking to run for any of the four seats that are up for re-election this fall.

They are seats currently held by Merrill, Corey Cassell, Tim Nickson and Tamarah Hancock. All but Hancock's seat are on a four-year term cycle. Hancock was selected by the board earlier this year following the resignation of former board member Cathy Dahlquist, who resigned in 2010 when she was elected to the state Legislature. The election for this position will determine who will complete the final two years of the term.

Nickson indicated Monday night that he would not seek re-election due to changing work schedules. Merrill said she remains undecided.

"It's a much bigger job than it was when I first got on the board," she said.

But it's a rewarding experience, said Nickson. "It's a chance to be involved in so many opportunities to make a difference."

For more information about the current board members and maps indicating where candidates must reside, click here.

According to the King County Elections office, filing by mail begins as early as this Friday, May 20 and in-person or online in June.

In Other News:

The board recognized Enumclaw High School senior Will Holland for his service as a student representative this year -- the first along with junior Lauren Cary to service in this new position. Will is headed to the University of Washington next year. Nelson said that there are six applicants currently looking to fill his vacated position next year.
District technology coordinator Chad Marlow updated the board that the process was ready to begin implementing some of the Intelligent Classroom priorities that were introduced earlier this year at Nelson's State of Education address. At the start of the fall semester, nine model classrooms would be completed with the Intelligent Classroom equipment: one classroom in each elementary school; one in each middle schools; and two at the high school. The plan is that a year from that point, each classroom in the district would be set up with the new equipment. Marlow is also working to ensure teachers and staff are properly trained with the equipment and technology.
A sale of district surplus property is set to take place at the end of June at the J.J. Smith building. More details about what the sale includes as well as specific dates should be forthcoming on the district web site.
The board also accepted the following donations:
1. $800.00 from the EMS Band Booster Club to the EMS Band program
2. $1,200.00 from the Puyallup Tribe to Sunrise to be used for a 5th grade program called “Dancing Classrooms”
3. $691.50 from Kibler PTA to Kibler to be used for books, a magazine subscription, and markers

MAPLE VALLEY REPORTER: Superior Court judge grants YarrowBay motion

Mon, 18 Apr 2011 12:20:21 -0700

April 18, 2011 By DENNIS BOX, Covington Reporter Regional Editor

Superior court judge grants YarrowBay's motion to stay in Black Diamond master planned developments case

Another ruling has been issued in the legal labyrinth surrounding the YarrowBay master planned developments in Black Diamond, The Villages and Lawson Hills.

The state superior court Judge Cheryl Carey granted a motion to stay or stop the Central Puget Sound Growth Management Hearings Board’s compliance schedule set down for the city.

The board had issued an order giving the city until May 27 to complete a legislative process regarding the two master planned development ordinances.

The city used a quasi-judical process for approving the ordinances, which was passed unanimously by the City Council in September 2010. The growth board ruled the quasi-judical process prevented the public participation procedures required in the city’s code.

The motion to stay was requested by Kirkland-based developer YarrowBay.

The Growth Board Ruling

The growth board issued the ruling Feb. 15 sending the ordinances approving the developments back to city for compliance with the Growth Management Act. The board stated the city should use the legislative process.

The ruling initially gave the city until April 29 to comply, which meant public hearings before the Planning Commission, followed by a recommendation to the City Council concerning whether to approve the master planned development ordinances.

The city requested an extension of the compliance schedule from the growth board to Aug. 12. The board denied the request and granted a 30-day extension to May 27.

The Stay

Carey wrote in the April 8 document granting the motion to stay, “Any compliance schedule issued by the GMHB (Growth Management Hearings Board, including the schedule requiring compliance by May 27, 2011 (as set by the GMHB in its March 24, 2011 Order on Limited Extension of Time Regarding City of Black Diamond’s Motion to Extend Time to Complete Compliance Schedule), ....., is hereby stayed pending the outcome of this appeal of the Board’s February 15, 2011 decision.”

The appeal referred to by the judge was filed by YarrowBay.

The stay effectively stops any legislative process planned in the city regarding hearings before the Planning Commission and recommendations to City Council concerning the master planned development ordinances.

Megan Nelson, director of legal affairs for YarrowBay, stated by e-mail that, "YarrowBay is very pleased that the Superior Court granted its request for a stay of the growth board’s order. The stay will save the city of Black Diamond and all other parties from spending substantial time, money and resources on a legislative process that will be rendered moot if YarrowBay’s growth board appeal is successful. Most importantly, the stay allows the parties to focus on processing the development agreements for the MPDs and getting new jobs, homeowners, schools, community amenities and businesses into Black Diamond."

David Bricklin, attorney for Toward Responsible Development, said by phone Friday, April 15, "The main show is with the (Black Diamond) City Council. The City Council needs to decide whether it's going to take control of its own city. They have the opportunity to respond to the hearings board decision. The worst thing would be to make a decision that will not look so good if the hearings board decision is affirmed. YarrowBay is pushing for the opposite. YarrowBay wants everything cast in concrete now."

The Black Diamond group Toward Responsible Development filed a petition with the growth board asking for a review of the developments. The group also filed a Land Use Petition Act or LUPA appeal in superior court regarding the two developments.

Filings

Following, finding and figuring out the scorecard on all the court filing from the various sides is both challenging and confusing.

After the City Council passed the ordinances approving the two master planned developments in 2010 Toward Responsible Development filed the petition with the growth board asking for a review of the developments and filed the LUPA appeal.

Once the growth board issued its ruling Feb. 15 remanding the ordinances back to the city, YarrowBay appeal the decision to the superior court.

Bricklin then filed an application with the growth board asking for a direct review by the state appeals court of the Feb. 15 growth board decision. This request would bypass the superior court, jumping directly to the appeals court.

A decision on the request for a direct review is this week.

March 17 the growth board denied a motion filed by Bricklin asking the members to reconsider invalidating the ordinances.

The board’s Feb. 15 ruling remanded the process leading up to approving the ordinances back to the city, but the board members did not to invalidate the ordinances approving the projects. This has caused considerable confusion among the various parties and the public on how to go back and begin a legislative process to consider ordinances that have been and are still approved.

Bricklin stated the board decision denying the motion to invalidate would also be appealed.

The appeal was filed with the superior court Friday, April 15.

SEATTLE TIMES: Black Diamond Neighborhood of the Week

Sat, 16 Apr 2011 12:30:30 -0700

April 15, 2011 By Dana Neuts

Neighborhood of the week: Black Diamond is scenic, historic and quaint

Big plans are on the horizon for Black Diamond, a small town on Seattle's suburban fringe that has character and affordable homes.

More than a century ago, a mining company in California named Black Diamond moved its operations north to Washington and created a town.

In 1885, it had 3,500 residents. Today, Black Diamond has about 4,200. And a typical house is worth about $230,000.

"It's the 'last frontier' of affordable housing and the only city in the area that hasn't seen a lot of growth and development," said Charla Herlitz, designated broker for RE/MAX in Black Diamond.

With the Green River running alongside it and Lake Sawyer on the outskirts, Black Diamond is a quaint community that offers a quiet rural setting dotted with farms, old houses and views of Mount Rainier.

Situated between Seattle and Tacoma and at the confluence of several country roads and state highways, Black Diamond is close enough for city commutes without the high real-estate price tags found in urban areas.

"It is a relatively close-knit community where you know your neighbors but are close enough to conveniences. Black Diamond has a real community focus," said longtime resident Dawn Johnston, who is the managing broker for Windermere Real Estate in Maple Valley.

Johnston, who has lived in Black Diamond since 1976, said that she can recall only four new developments being built in her time there, aside from the Lake Sawyer annexation in 1998.

"Black Diamond still feels like that safe, small town," Johnston said. "It has a good feel to it."

It also has a feeling of history to it, thanks to the Old Town District stretching along Railroad Avenue, where the old depot has been converted into the Black Diamond Museum. There also is a bookstore, several gift shops, a pizza deli and the venerable Black Diamond Bakery & Restaurant.

The 109-year-old bakery is a local favorite, featuring home-baked breads, pastries, cookies and muffins made in its "old brick oven" plus a candy counter. The adjoining restaurant serves breakfast, lunch and dinner daily, featuring such home-style meals as meatloaf, lasagna and stroganoff.

Nearby is a "Welcome to Black Diamond" sign painted on a replica of an old coal car.

Though the bakery enjoys a rich history, Black Diamond was developed much earlier, in the 1880s, by the Black Diamond Coal Co. of Nortonville, Calif., a town that was located between the San Francisco Bay Area and Sacramento, but no longer exists.

The company moved its operations and workers, many of whom were Welsh immigrants, to Washington. Complete with a train station, company hospital and stores, Black Diamond thrived for the next 45 to 50 years mining coal.

Some of the town's original landmarks remain today, including the Black Diamond cemetery, Black Diamond Miner's Cabin and the Luigi & Aurora Pagani House.

Though it doesn't enjoy historical status, another local landmark is Mama Passarelli's Dinner House, formerly known as The Dinner House.

Built in 1922, The Dinner House used to be Gattavara's Store and the Morganville Tavern. Now owned by Harvey and Ginger Senecal (aka "Mama Passarelli" and "The Soup Lady"), the restaurant retains a lot of the old-world charm, complete with an ornate imported bar wall, antiques, sitting room and family-style meals.

Populated primarily by coal miners, early homes in Black Diamond were called company houses. They were typically built by their occupants on land leased to them by the mining company. The homes were plain in character and design with unfinished exteriors and often a single story with four rooms.

Today, Black Diamond has a wide variety of houses and prices, ranging from the high $100,000s to more than $1 million for lakefront property.

Among those recently listed were a 5,900-square-foot view home on Lake Sawyer for $1.6 million. There also was a 2,300-square-foot home listed for $289,950.

According to Seattle-based Zillow, the median value of all single-family houses in Black Diamond was $230,700 in February. This figure represents all homes, not just those recently sold, and this benchmark is down 16.7 percent year-over-year, and down 0.8 percent from January. That compares with $361,200 for single-family houses in Seattle, down 8.6 percent year-over-year, according to the Zillow Home Value Index.

Big plans are on the way that would give Black Diamond its biggest growth spurt since the 1880s.

A local developer, Yarrow Bay, been working with the city of Black Diamond and its citizens since the 1990s to lay out a master plan to add housing and businesses while preserving the city's small-town character and conserving its rural farms and forests.

Over the next 20 years, Yarrow Bay and the city are planning 1,250 homes in the Lawson Hills development and 4,800 homes in The Villages. In addition, the master plan will set aside hundreds of acres of open space and sites for neighborhood schools and reserve space for a mix of office, retail and light-industrial businesses which could bring jobs to the area.

Though some are opposed to growth in Black Diamond, Herlitz believes the growth will enhance the sleepy Seattle suburb.

"It's a huge benefit to the whole city," she said. "It is better to have a master plan than a development here and there. They're [Yarrow Bay and the city] doing it in a very smart way. It will give the city a face lift."

The Yarrow Bay proposal is currently moving through the public process, but construction is expected to begin in about a year.

The build-out will continue over a 20-year period, eventually providing housing for approximately 15,700 residents. Housing styles will include town homes, single- and multifamily housing as well as luxurious view properties.

"It will open up people's choices in terms of homes and businesses," said Johnston. "Ultimately, the outcome will be positive for Black Diamond."