Tag Archives: Kempton Downs Homeowners Assn

Hearing Examiner OKs Conner-Jarvis project, says Kempton Downs failed to meet burden

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City_of_SammamishJan. 20, 2016: The Sammamish Hearing Examiner Tuesday rejected the appeal by the Kempton Downs Homeowners Assn. of the Conner-Jarvis project. Approval was given with minor modifications to conditions.

The approval, by Examiner John Gault, was a sweeping victory for Conner-Jarvis and the City’s Development and Public Works departments. Gault ruled that Kempton Downs failed in issue after issue to meet the burden required under state law to overturn the professional judgment of the City’s staff.

State law says that deference to the professionals takes preference. This means that in appeals, the burden of proof that the staff erred is on the appellants.

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Greenwashing, Part 2: Sammamish never demanded EIS from developers

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  1. Greenwashing (a compound word modeled on “whitewash”), or “green sheen,” is a form of spin in which green PR or green marketing is deceptively used to promote the perception that an organization’s products, aims or policies are environmentally friendly.–Wikipedia.

Sammamish staff has never required an Environmental Impact Study (EIS) from a developer when reviewing a project, it was revealed October 7 at the only candidates’ forum held for the City Council election November 3.

Nor, as far as Sammamish Comment can determine, has staff ever issued a Mitigated Determination of Non-Significance (MDNS) for a project until the current Conner-Jarvis project, which is under citizen appeal; it’s only otherwise issued a Determination of Non-Significance (DNS) in 15 years of projects.

For those not versed in land use regulations and reviews, this alphabet soup of letters is confusing and, on its face, meaningless.

Here’s what these mean, why they are important to development in Sammamish, why the staff practices lie at the root of what citizens are seeing today as trees come down and controversies emerge over protection of wetlands, streams, lakes and Kokanee salmon and why the responsibility ultimately flows back to the City Council.

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

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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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