december 2020 - Editorial: Listen to residents’ concerns about development - Madison Park Times

=======================================================

October 27, 2020 It’s been a while, but we’re still here, with some news…

========================================================

Although we’ve been quiet for a while, some things have been happening with the development proposed for the City People’s site, and we want to catch you up-to-date.

Because this has been a 54-month long process details are confusing, so a quick reminder of the most recent events.

* February 2019 the Hearing Examiner, in response to our appeal, agreed with SMV on two issues—shadow impacts to the P-Patch and drainage for the proposed building.

* In the following months the developer filed a number of motions protesting various parts of the decision, all of which went nowhere, but forced SMV to spend further money for legal services.

* October 2019, the City officially presented Velmeir (the developer) with remands on these two issues, instructing them to do further study.

* May 2020, SMV became aware that Velmeir had completed their work, turned it into the City, and the City was about to issue a decision.This information which would normally be made public on the City’s website was posted weeks late.

* Due to the City’s lack of transparency, SMV had to scramble on the eleventh hour to submit comments from our attorney and community experts.We successfully got those comments on record before the decision was issued.

So… Surprising no one at this point, the City green-lighted the project. They said the studies Velmeir had done were sufficient. Also not surprising, we disagreed. It has become painfully clear over these years that the City sees their role as a facilitator of the developer’s vision. Independent monitoring is absent. As the community has over the years provided that independent voice, bringing in respected professionals who have voiced credible concerns (or, as we like to call it, ‘doing the City’s job’), the City has treated this as an unwelcome intrusion. We are not heard. Simply put, the City is not regulating development. Regulations are used to guide developers how to present their paperwork. Real concerns from the public are treated as backward-thinking grumblings from self-interested irritants, sadly allowing issues raised by the community to be disregarded out-of-hand.

Now, to the present. We have once again appealed to the Hearing Examiner this most recent decision by the City. **A date for the hearing has been set**: **November 3rd (and the 4th and 5th, if needed**). Yes, Election Day. Our attorneys, experts, and community members will be representing SMV, remotely, in front of the Hearing Examiner. Hearings are open to the public, so any of you who’d like to attend, let us know and we can send you a link.

Thank you for sticking with us and for continuing to care about how our community develops and grows. Your generosity has gotten us this far. Please consider donating again now.

Working together to follow the rules, assert the will of the people, look to the future, one tree, one building, one election at a time…

august 2019 update: another victory for save madison valley

The Hearing Examiner sided with SMV. She said no to Velmeir’s request to impose an arbitrary and rushed schedule for the two remanded issues (shading of the Pea Patch and drainage of the site). The Examiner also refused to oversee the remands, keeping it in the hands of SDCI—where it belongs!

What does this mean? This was an attempt to work around established laws and procedures. In simpler terms: to not play by the rules, but instead bend those rules to their own advantage.

Next? It’s up to the developer and SDCI to study and address the remanded issues. We continue to wait to see how they will respond. Once addressed, it will be one more obstacle cleared from the path to an appeal in Superior Court. Please consider another donation today

August 2019: Frivolous (and expensive!) Move by Developer….

Velmeir, the would-be developer of the City People’s site, has filed a frivolous motion with the Hearing Examiner’s office. Velmeir wants to bypass the SEPA process (State Environmental Protection Act -- established to ensure that environmental impacts are evaluated and, when necessary, mitigated) and create their own rushed schedule to suit their wishes. In the words of SMV’s attorney in our response to the motion:

With its motion, Velmeir asks the Hearing Examiner to act as a staff member of SDCI by taking on the role of collecting information about shadow and drainage impacts, reviewing and assessing that information, and issuing a determination under SEPA on whether the proposal will have significant adverse impacts. There are so many levels of illegality here that it’s hard to know where to begin….

…[this] eliminates the responsible official, eliminates the public comment period, and eliminates the hearing examiner appeal process entirely. The parties would be submitting evidence without witness testimony, without any adherence to rules of evidence, without opportunity for cross examination, and without opportunity for discovery. The Examiner would be reviewing materials and issuing a decision as if she were a planner at SDCI, not as a judge sitting over an appeal.

You might expect that SDCI would resist a move that appears to invite a developer to take over SDCI’s role and their independent decision-making---- but you’d be wrong. Although there was no need for SDCI to weigh in on this frivolous motion, they chose to write… in support of Velmeir’s motion! Our City let us down.

Because SMV adheres to the laws, rules and procedures of Superior Court, the Hearing Examiner, and SDCI--- and expects the other side to do so also--- Velmeir is accusing SMV of trying to “slow things down.” They imply that the rules aren’t for them.

For anyone who wants to dig deeper into the legal details, here is a link to read the full documents: https://web6.seattle.gov/Examiner/case/MUP-18-020

Each motion that Velmeir files, frivolous or not, SMV has to respond to, has to use attorney time, has to rely on your donations to stay in this process working to hold the developer and the City accountable to the rules, guidelines, and laws of Seattle. We aren’t giving up and we know you won’t either. Please consider another donation today. Thank you for your support. We wouldn’t be here now if it weren’t for all of you.

YOU DID IT AGAIN!

Thank you to all of you who contributed in the last weeks. We made our match and raised another $5,000 toward our upcoming legal expenses. 
The outpouring from the community keeps us going--- paying the bills, and inspiring us to continue the work for a development that fits our neighborhood. Thank you for showing us that you care too.
We are still waiting for the court to let us know when we can begin the next steps in our appeal. We’ll let you know when we learn more. Stay tuned!

And thank you again for your support these three long years as we fight for a development that abides by Seattle’s codes and laws.

IMPORTANT UPDATE:
MADISON PARK TIMES GETS CONFUSED!
You may have seen in the MPT “Judge grants SMV’s request to dismiss land-use petition.” If so, like us, you may have wondered, “Huh…???”
We were not consulted or invited to comment for this confusing and misleading article. Here’s the scoop from our perspective:

• Our desire is to make our entire case, all at once, in Superior Court. This means waiting until after the developer and City finish the remands (drainage and p-patch shading) required by the Hearing Examiner. This is efficient with court time and plaintiff/defendant money (i.e., address all issues at once, rather than half now, half after the remands are complete). 
• To get this we asked the court to “dismiss” the case (if the court “dismisses” the case now, we are free to argue it later—after the remands are complete). 
• The judge (in error, we believe) instead issued a “voluntary dismissal” on our behalf. This is not what we requested, and we do NOT want to voluntarily dismiss the case (it could hinder us appealing after the remands). So now we will ask the judge to correct this error (a “motion for reconsideration”). 
The short story is that we will appeal, and we want to do it in as efficient and cost-effective manner as possible. While being careful stewards of your resources and ours, we remain committed to advocating for a development that conforms to Seattle City Laws, rules, and regulations.

Another Matching Grant as SMV heads to Superior Court on 5/31/19

Our first appearance in Superior Court will be May 31 at 3:30 pm. At this initial meeting the attorneys and judge will discuss the outlines of the case and schedule the dates for presenting briefs, exhibits, and making oral arguments.

A generous donor has again offered us a matching grant: $5,000 has been offered to us -- if we can raise $5,000 from the community before our first court appearance on the 31st. Please dig into your hearts and your pockets, and give again. Help us reach our goal. This will help us pay our extensive legal fees. DONATE today to double your donation.

Thank you for your support over these last three years. If you’re receiving this email it’s because you have been a supportive part of this long, important journey: Exercising our rights as community members to fight for a project in the heart of Madison Valley that adheres to established laws and guidelines and promotes healthy development.

Thank you for supporting us and supporting neighborhood activism on the part of our community!

SMV appeals City's decision

Save Madison Valley has submitted its 105-page appeal of the Seattle Department of Construction and Inspection's approval of plans for the 82-unit mixed-use development--The Madison.

A few members of our community feel strongly that this project is NOT RIGHT. Together they have donated $17,000 as a matching grant to jumpstart our appeal. 

• A building that towers 80 feet high in an “NC-40” zone (four-story zone)? 
• Clear cut a protected grove and exceptional trees? 
• A massive building in a liquefaction zone with a history of flooding? 
• Inviting in traffic that will overwhelm our streets and intersections—turning our walkable neighborhood into a drive-through?

Does this sound like responsible development to you???

Let’s tell the City we want them to do their job to protect communities and manage development. We want our neighborhood — and our City — to grow in a way that is healthy and livable.

Please consider donating today to double your donation. And please pass this email along to your friends and neighbors, or ask them to sign up for emails at "Take Action" above.

We want to develop Madison Valley responsibly.

The Development:

Velmeir, a Michigan-based development company, is purchasing the Madison Valley home of City People's Garden Store. In the place of City People's, Velmeir plans to construct a mixed-use building of more than 165,000 square feet with 75 residential units and a parking garage with 157 spaces.