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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

Citizen Committee Formation Meetings

Wed, 28 Dec 2011 14:52:46 -0800

Each MPD requires the formation and use of three community committees: one for noise issues; one for water quality issues; and one for Green Valley Road issues. The water quality and Green Valley Road committees will form in January and will jointly review both The Villages and Lawson Hills. The noise committee will form when MPD construction starts.

YarrowBay will host the introductory meeting for each committee, however, the citizens select their two voting members from those members that attend the meeting. Yarrow Bay will not participate in the selection of the citizen members; we are just getting people together to get the process started.

Here are the meeting details:

If you are interested in being appointed to the Water Quality Committee, join us on Wednesday, January 4^th from 6:30 – 7:30pm in the Black Diamond Elementary School Gym.

If you are interested in being appointed to the Green Valley Road Committee, join us on Tuesday, January 10^th 6:30 – 7:30pm in the Black Diamond Elementary School Gym. We understand that this meeting falls on the same day as the first 2012 meeting of the Planning Commission, so we intend to wrap up the agenda in 30 minutes to allow for attendance at both meetings.

Each committee includes two YarrowBay representatives, one representative from the City and two representatives from the community, all of whom will have a vote. Additional community participation is welcome and encouraged.

The agenda is comprised of selecting voting community members and setting future meeting dates and times.

If you have questions leading up to the meetings, please contact Angela Hill at 425.898.2121 or ahill@yarrowbayholdings.com

City of Black Diamond forms first Community Facility District in Washington state

Wed, 28 Dec 2011 14:30:00 -0800

Black Diamond, Wash. – December 28, 2011 – The Black Diamond City Council voted last night to approve the formation of the first Community Facilities District (CFD) in Washington State, thereby creating a funding mechanism for developer YarrowBay Holdings to finance the infrastructure necessary to support their approved projects in Black Diamond at the start of development. YarrowBay is moving forward with two master planned communities in Black Diamond.

In 2010, Governor Gregoire signed into law legislation permitting Community Facilities Districts (CFDs), independently governed special purpose districts, formed solely to oversee the financing and/or construction of a specific set of infrastructure improvements submitted by a property owner and approved by the local jurisdiction.

Washington’s legislation requires 100 percent agreement between all property owners in the CFD boundaries, ensuring that the landowner pays for its development and that the financial burden does not fall on the current residents or taxpayers. The sole property owner within the approved CFD’s boundaries is YarrowBay.

“We are excited to form the first ever CFD in Washington and for Black Diamond to model an effective and safe way for our state to achieve smart growth that plans for improvements from the beginning,” said YarrowBay CEO, Brian Ross. “The CFD will provide much-needed infrastructure financing that will create new jobs, improve roads and other public facilities, and ultimately drive economic development in their area.”

In a recent editorial in the Puget Sound Business Journal, State Rep. Christopher Hurst stated, “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.”

The next step for Black Diamond will be to appoint the CFD’s Board of Supervisors. The CFD will be governed by a five member Board made up of three members appointed by the City and two by YarrowBay.

# # #

Media Contact: Jennifer Sandberg, Nyhus Communications LLC for YarrowBay Holdings (206) 227-9494; jen.sandberg@nyhus.com

Court of Appeals finds YarrowBay followed the correct procedure for master planned developments in Black Diamond

Tue, 27 Dec 2011 14:30:00 -0800

Black Diamond, Wash. – December 27, 2011 – The State Court of Appeals ruled today to reverse the February ruling by the Growth Management Hearing Board (GMHB) regarding YarrowBay’s master planned development permit approval ordinances in Black Diamond, finding that the GMHB did not have jurisdiction to review the 2010 MPD permit approval ordinances in the first place.

In its decision, the Court of Appeals concludes that Toward Responsible Development’s appeal to the GMHB was an “impermissible collateral attack” and that the 2010 MPD permit approval ordinances adopted by the City of Black Diamond are in fact project permits.

This decision comes ten months after the GMHB improperly ruled that that City of Black Diamond should have followed a legislative process rather than a quasi-judicial process while considering YarrowBay’s MPD applications. The ruling by the GMHB did not invalidate the permit approval ordinances however, and, as a result, YarrowBay was able to appeal the decision while continuing the Development Agreement review and approval process.

Today’s Court of Appeals ruling corrects the GMHB’s February decision and supports YarrowBay’s ongoing statement that the City of Black Diamond followed the correct process in reviewing and approving its MPD applications for the planned communities of The Village and Lawson Hills.

“This 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 to bring new jobs, attract and expand business, provide trails, open space, parks, and school sites - all of the benefits of executing the vision of an economically viable and vibrant future in Black Diamond, “said Brian Ross, CEO of YarrowBay.

The Black Diamond City Council voted to unanimously approve the MPD permit approval ordinances for The Villages and Lawson Hills in September 2010. The Council approved the Development Agreements for the MPDs earlier in December.

The designs for both planned communities call for mixed-use, walkable neighborhoods that retain small-town character and appreciation for the natural surroundings. The Villages Planned Community was recognized in October with a 2011 national Builder’s Choice Design & Planning Award - “Best Site Plan over 20 acres” – reflecting the innovative and sustainable approach utilized by YarrowBay in its design.

Media Contact: Jennifer Sandberg, Nyhus Communications LLC for YarrowBay Holdings (206) 227-9494; jen.sandberg@nyhus.com

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.

Black Diamond City Council Approves YarrowBay Development Agreements

Mon, 12 Dec 2011 12:52:29 -0800

Black Diamond, Wash. – December 12, 2011 – The Black Diamond City Council approved the revised Development Agreements for YarrowBay’s planned communities of The Villages and Lawson Hills late Monday morning.

This approval comes three months after the Hearing Examiner for the City of Black Diamond recommended the City Council approve the Development Agreements with implementing conditions. YarrowBay reviewed and agreed to all of the Hearing Examiner’s conditions.

“We listened to the Hearing Examiner, we listened to the public, we listened to the City and we believe that everyone who participated in the process will be proud to see over 20 years of vision start to take shape, “said Brian Ross, CEO of YarrowBay.

The plans for Lawson Hills and The Villages call for mixed-use, walkable neighborhoods that retain small-town character and appreciation for the natural surroundings. The Villages Master Plan was recognized in October with a 2011 national Builder’s Choice Design & Planning Award - “Best Site Plan over 20 acres” – reflecting the innovative and sustainable approach utilized by YarrowBay.

The Development Agreements were approved after a six month process that included over 20 hours of public testimony and thousands of pages of written comments. The goal of the process is to ensure the Development Agreements implement the approved master planned development permit conditions the City Council voted and unanimously approved in September 2010.

“Like the approval of the MPDs the approval of the Development Agreements is a huge achievement for all parties involved,” said Ross. “With Development Agreements we can continue to move forward—hopefully toward breaking ground next summer and creating jobs here in Black Diamond.”

Black Diamond was designated an Urban Growth Area under the Growth Management Act in 1996. Since 2000, YarrowBay has been working with the City and the public to thoughtfully and collaboratively design and implement the two planned communities in Black Diamond.

Join Us for a Public Meeting

Tue, 22 Nov 2011 14:52:46 -0800

YarrowBay invites you to attend a public information meeting regarding The Villages and Lawson Hills Master Planned Developments at the Black Diamond Elementary School Gym on Tuesday, Nov. 29th from 7:00pm — 8:30pm

At this meeting you will be able to review information regarding these projects, their timing and relationship to city plans, policies and codes. In addition to learning about these projects, you will have an opportunity to discuss these projects with the applicant, YarrowBay.

If you have any questions or need reasonable accomodations, please call YarrowBay at 425-898-2100.

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.

Understanding the Impacts of the Gross vs. Net Amendment

Mon, 07 Nov 2011 15:30:48 -0800

The proposed gross vs. net amendment recommended by the Planning Commission to the City Council seeks to change language in the Black Diamond Comprehensive Plan to indicate that residential densities should be calculated based upon “net” instead of “gross” acreage.

Two major consequences could result from this amendment:

Extremely restrictive standards for currently unentitled lands within the City thereby discouraging future development in Black Diamond
Elimination of the City’s Transfer of Development Rights program, taking away the right granted to over 150 property owners in the City of Black Diamond to sell their transfer of development credit

Moreover, this change is a clear disregard for the Black Diamond Urban Growth Area Agreement (BDUGAA).

In regards to the BDUGAA, the Cascade Land Conservancy (now Forterra) submitted the following letter to the City’s Planning Commission:

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.

Congressman Reichert's Visit

Fri, 07 Oct 2011 14:52:46 -0700

Congressman Reichert dropped by the Bakery in Black Diamond on Friday, September 30th. He met with folks over coffee and pasteries followed by a tour of sites for the planned communities of The Villages and Lawson Hills.

For more images of the Congressman's visit, check out this slide show on Facebook!

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

Now Available for Download: YarrowBay’s City Council Development Agreement Presentation Materials

Fri, 30 Sep 2011 15:30:48 -0700

Please click here to view or download YarrowBay's current responses to the Hearing Examiner's comments on The Villiages and Lawson Hills Development Agreements.

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

Black Diamond Planned Developments Receive Prestigious National Design Award

Thu, 01 Sep 2011 13:59:40 -0700

Black Diamond, WA. – September 1, 2011 – YarrowBay, the developer of two planned communities in Black Diamond, has received a national Builder’s Choice Design & Planning Award for its work in the South King County city. The award for “Best Site Plan over 20 acres” reflects the innovative and sustainable approach YarrowBay used in creating a blueprint for the new community.

“We are honored to receive this recognition of the design for the Black Diamond master planned developments,” said Brian Ross, CEO of YarrowBay. “The priority of YarrowBay’s work in Black Diamond has been to create communities where new and longtime residents alike can live and work.”

The two planned communities, the Villages and Lawson Hills, are designed to capture the historic spirit of Black Diamond in a modern, new community. They draw from the architectural design elements of traditional mining towns and reinterpret those elements in a sophisticated approach to sound design principles.

The result is a group of vibrant, mixed-use, walkable neighborhoods that retain small-town character and appreciation for the natural surroundings. By using smart-growth strategies, the Villages and Lawson Hills ensure that the future of Black Diamond is inclusive, environmentally sustainable, prosperous, and true to its historic heritage.

“This award demonstrates our commitment to designing exceptional places to live and work within Black Diamond,” said Colin Lund, Chief Entitlement Officer of YarrowBay. “Our goal with the planned communities in Black Diamond is to create neighborhoods that integrate with the community and region and this concept truly begins with a great site plan.”

YarrowBay’s Builder’s Choice Design & Planning Award follows its recent Golden Nugget Award for on-the-board site planning in Black Diamond. The Golden Nugget was awarded at PCBC, the building industry’s leading conference, trade show and meeting place, on June 23^rd in San Francisco.

This year’s competition drew nearly 300 entries, with only 41 winners chosen. The panel of jurors presiding over the competition is made up of peers and experts drawn from across the United States and throughout the design and building industry. An awards gala will be held in Washington D.C. on October 12^th.

Media Contact:
Jenna Kaluza, YarrowBay Holdings (360) 886-2963; jkaluza@yarrowbayholdings.com

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.