Originally published November 24, 2011 at 5:24 PM | Page modified November 24, 2011 at 8:37 PM
Can new Black Diamond council stop development?
Black Diamond voters, unhappy that a development of 6,050 new homes would roughly quintuple the size of their small city, rebelled against those plans by throwing out the City Council's pro-growth majority. But nearly three weeks after the landslide election, it remains unclear what difference the results will make.
Seattle Times staff reporter
ELLEN M. BANNER / THE SEATTLE TIMES
Bob Edelman and his wife, Janie, stand at the entrance to a development area where thousands of homes are scheduled to be built by YarrowBay.
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Black Diamond voters, unhappy that a development of 6,050 new homes would roughly quintuple the size of their small city, rebelled against those plans by throwing out the City Council's pro-growth majority.
But nearly three weeks after the landslide election, it remains unclear what difference the results will make.
The outgoing City Council, which already has approved YarrowBay's two planned communities, is scheduled to vote Dec. 6 on agreements that would bring the Kirkland developer a step closer to breaking ground.
Not surprisingly, some residents want any further decisions on YarrowBay's projects, The Villages and Lawson Hills, set aside until the new council members take office.
"I think it's pretty clear that an overwhelming majority of people in Black Diamond want their voice heard," said Bob Edelman, who has fought to scale back and slow down development in a town that's connected to the outside world by a two-lane highway.
"What they should do is defer action until next year and let the new council consider whether this is really right for Black Diamond or not," Edelman said.
There's no sign the council will follow that advice.
Councilmember Leih Mulvihill, a supporter of the developments who received only 24 percent of the vote in her re-election bid, said the decisions should be made by the existing council, which has spent years studying the projects and listening to hundreds of hours of public testimony.
"I've worked for eight years on this project, and as nice as it seems to let the new council take ownership of it, I take ownership of it," Mulvihill said. "I've worked very hard to fulfill the dreams of previous councils and to protect the city in many, many ways, and I don't want to leave that to another council. I see it as my job to complete what I started and what previous councils started."
Mulvihill was ousted by Ron Taylor, fellow incumbent Kristine Hanson by Tamie Boxx-Deady, and Joe May defeated Pam McCain for an open seat. The winners were backed by Washington Conservation Voters.
Taylor said he is pro-property rights but such "explosively large" projects need more careful scrutiny. Boxx-Deady said residents want to attract new homes and businesses, but there was "huge disbelief" when they heard YarrowBay planned to build 6,050 homes and 1 million square feet of office and retail space.
May, who told voters the projects were too big "and totally developer driven," said he expects all of the council's decisions to end up in court — "I hate to say that."
Almost everyone seemed startled by the lopsided election, in which each of the three YarrowBay critics received over 73 percent of the vote and gave their side full control of the council.
Supporters of the YarrowBay projects say the urban villages are a trade-off for the permanent protection of forestland outside the city, and they expect new homes, stores and offices to boost the economy.
Opponents say the developments are out of scale for the small town, would overwhelm roads and highways and would compromise rural areas if schools and a stormwater facility are built outside city boundaries.
The election came after a long history of decisions that brought massive development closer: a 2005 agreement that permanently protected 1,600 acres outside Black Diamond while adding 329 acres to the city for development; a 2009 city comprehensive plan allowing four homes per acre on YarrowBay's land, and a 2010 ordinance setting conditions for its projects.
The city has spent much of this year negotiating a development agreement with YarrowBay, which the City Council is expected to approve next month.
The council also will consider YarrowBay's petition to create a special district to finance roads, sewer facilities, stormwater pond and parks through property assessments in the new communities. (YarrowBay persuaded the Legislature last year to authorize such "community facilities districts" and give them authority to sell tax-exempt bonds.)
Although the new City Council members might seem to have arrived late to the party, they could end up redoing some of the work already done by the old council.
The state Court of Appeals is reviewing a Central Puget Sound Growth Management Hearings Board ruling that the City Council improperly bypassed the Planning Commission and restricted public input on last year's ordinances approving the YarrowBay projects.
No matter which way the appeals court rules, its decision is likely to be appealed to the state Supreme Court. And however that case turns out, opponents of The Villages and Lawson Hills have other objections pending in King County Superior Court and U.S. District Court.
"We'll fight them every step of the way," said Dave Bricklin, attorney for Edelman's group, Toward Responsible Development.
The Planning Commission, meanwhile, is considering a proposal that would substantially reduce the number of homes in "master planned developments" — possibly downsizing YarrowBay's projects if the courts remand the project approvals to the city.
YarrowBay has responded to the legal and political uncertainties by informing the city that it plans to submit new applications for its two new communities. CEO Brian Ross called the applications "an insurance policy" to be used "in the unlikely event" the Court of Appeals sides with opponents.
Submitting new applications means they are more likely to be reviewed under current law than under more restrictive standards that could be adopted by the new council.
Ross said it's "nonsense" to suggest the new council — which missed weeks of testimony and deliberations — should vote on the development agreements.
But Ross said he isn't dismayed by the election of a less friendly council. "We look forward to working with the new folks," he said. "It's a long-term project, so we're going to have a number of councils to work with over the next 20 years. ... I think once the new council members dig in to all the detail and have the benefit of all the staff meetings and working with us, we're going to be just fine."
Bricklin, attorney for the opposition group, said he often advises his clients to get involved in politics as well as court appeals.
"Almost always if I win in court the matter comes back to the city for a redo, so if you have the same folks sitting in those chairs you might not end up with a different result," Bricklin said. "I've had a number of clients who have made efforts in the electoral process, but never had clients accomplish what these folks did.
"It's totally mind-blowing what they did."
Keith Ervin: 206-464-2105 or kervin@seattletimes.com










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