County appeals Trail decision, claims Examiner didn’t have jurisdiction

March 15, 2016: Despite telling local press that it would not appeal a Sammamish Hearing Examiner’s decision on the East Lake Sammamish Trail development–a decision in which the County largely prevailed over staff-imposed conditions for the permit–the County filed an appeal with the State Shoreline Hearings Board.

The City previously filed an appeal over two decisions by the Hearing Examiner, which favored the County.

The full County appeal is here: KC Appeal ELST to State. Including the original Examiner’s decision, the PDF document is 88 pages.

Essentially, the County is asking the State Hearings Board to find not only did the Examiner not have jurisdiction, it’s also asking that all conditions imposed by the Staff be voided, just as it did when it appealed to the Hearing Examiner in the first place. (The Examiner had denied a motion from the City over his jurisdiction in the matter, thus last December’s full hearing. The County essentially seeks to relitigate the entire matter before the State.)

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Variances-R-Us, Part 2: City engineers admitted staff routinely ignored code, relied on unwritten policies

The City Council adopted the [Public Works Standards] by ordinance…. Thus, the PWS has the force of regulation.

When it adopted the PWS, the City Council gave to the Public Works director the authority to administratively amend them…. The record of this hearing does not contain any evidence that the Public Works Director has ever formally exercised that authority: the PWS read today just as when they were adopted in 2000, except for changes that were brought about by the Council’s 2005 adoption…changes which the City Engineer testified are routinely ignored by Public Works and which do not to this day appear in the publicly available version of the PWS. Public Works’ unwritten policies are also not publicly available. (Emphasis added.)

This remarkable section is part of the Sammamish Hearing Examiner report of an appeal of the Kampp Property project by the Pine Hills Homeowners Association.

A City official testified Staff routinely ignores city code, and relies on an unwritten policy. (Memo to lawyers: “arbitrary and capricious” rings a bell here.)

This damning admission underscores the cavalier approach to approving developments that citizens have been complaining about for years.

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City blocks environmental report in land use appeal

  • Appellants planned to use report in Conner-Jarvis case.
  • Conflict of interest with City contract cited.
  • Same environmental consultant allowed for applicant in Chestnut Estates West case.
  • Conner-Jarvis appellant charged City would withdraw traffic mitigation plans if project appealed.
  • Similar neighborhood traffic concerns to Chestnut appeal, which the City lost.
  • Links to download documents are toward the bottom of this post.

The Sammamish City Manager blocked an environmental consulting company from being a witness at a land use appeal of the Conner-Jarvis development, and with it, the report the company prepared, charges Mike Grady of the appellant, the Kempton Downs Community Organization.

Grady charged that City Manager Ben Yacizi invoked a clause in the consultant’s City contract for services unrelated to the appeal that says the firm, The Watershed Company, can’t undertake work that in conflict with the City.

Watershed was allowed to be a consultant and expert witness on behalf of the William Buchan Co. in the Chestnut Estates West application, says Grady. The City’s Hearing Examiner threw out the application, handing a victory to the appellants. Buchan told the Sammamish Reporter it plans to appeal the decision this month.

Wetlands weren’t properly assessed, Watershed says

Conner Jarvis Layout 072015

The layout of the proposed Conner-Jarvis development of 115 single family homes on 40+ acres. Click on image to enlarge. The handwritten notes are from the person who supplied this rendering to Sammamish Comment.

Sammamish Comment obtained a copy of the Watershed report in the Conner-Jarvis case. The report concluded:

  • that the wetland boundaries were misidentified by Conner’s consultant;
  • the potential effects of the “water flow processes” that sustain Laughing Jabos Creek and the wetland ecosystem were not adequately characterized; and
  • the wetland complex should be rated as a single unit rather than separate wetlands.

Some of the issues between Chestnut and Conner are similar: the threat to kokanee salmon from upstream runoff. Kokanee are native to Lake Sammamish and to three creeks: Ebright Creek, which was the relevant creek in the Chestnut case and about half way up the lake; Lewis Creek at the far south end of the lake; and Laughing Jacobs Creek, which is relevant in the Conner case, which is in between Lewis and Ebright.

Hearing Examiner John Galt held a session Monday morning whether to admit the report despite the City’s exclusion. Galt denied a request to enter the report into the record, but gave the appellant until Oct. 28 to come up with a new report.

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