Growth Management Hearings Board Remand
Growth Management Hearings Board Decision
On April 20, 2020, the Growth Management Hearings Board (GMHB) issued its Findings, Decision and Order in Gerend v. Sammamish upholding Gerend’s challenge to the City's concurrency Level of Service (LOS) Standards for segments and corridors (otherwise known as Volume over Capacity [V/C] standards). The Order invalidated those V/C standards and remanded the Ordinance to the City for compliance. Two main aspects of the GMHB decision were that the City’s environmental and related GMA review of the standards had been deficient and that they should have been adopted into the City’s Comprehensive plan.
Remand and Compliance Effort
The City is moving forward on remand compliance. This involves incorporation into the Comprehensive Plan of the invalidated transportation concurrency standards. As a key part of this process, the City will prepare an environmental impact statement (EIS) per the State Environmental Policy Act (SEPA). The EIS Scoping period, during which public comments will be received on the topics to be covered in the EIS, begins on July 7 and ends on July 28.
To ensure GMA compliance, the remand process will also consider the need for possible amendments in non-transportation Comprehensive Plan elements, such as the Land Use element, the Environment Element, and possibly others. Comprehensive Plan amendments could also include updated policy guidance and updated background information.
Code amendments are also possible to implement amended Comprehensive Plan guidance and, if pursued, are anticipated to focus on Titles 14A and 21A SMC. Code amendments could, for example, amend Code LOS standards to reflect amended Comprehensive Plan guidance, delete outdated tables, correct definitions and Comprehensive Plan references, and take other related actions.
Project Updates
22 Feb 2021: An Update from the City of Sammamish
An update from the City of Sammamish on efforts to manage growth and transportation levels as it relates to environmental impacts:
Last year, former Mayor Don Gerend filed a Petition before the Washington State Growth Management Hearings Board (“GMHB”) challenging the City of Sammamish's concurrency ordinance which contained methodology for measuring transportation concurrency for road segments and corridors.
The City of Sammamish, exercising its duty under the Growth Management Act (“GMA”) to comprehensively manage growth, is taking the necessary steps to update the transportation and land use elements of the City's Comprehensive Plan.
It is currently in the midst of conducting an Environment Impact Statement (EIS) in order to evaluate alternatives by which to manage transportation level of service standards and capital facilities needs and associated environmental impacts.
The EIS is a tool used by cities to understand the impact of development and growth on the environment. A building moratorium was put in place so that the City can preserve the development status quo, allowing the EIS to be completed.
The six-month moratorium adopted on July 28,2020 expired on January 27, and a new moratorium, allowing for construction of single family homes for which concurrency certificates have already issued, was passed by City Council on January 19, 2021 and became effective on January 27, 2021.
EIS Scoping Report Now Available
During the Scoping Period for the City's Environmental Impact Statement (EIS) on the Growth Management Hearings Board Remand effort, the City received a total of 69 comments from 53 individuals, groups, and agencies. The City has prepared a Scoping Report which summarizes comments received and identifies responsive changes to the scope of the EIS. Access the scoping report.
04 Aug 2020: EIS Scoping Period Completed; 69 Comments Received
The Scoping Period for the City's EIS on the Growth Management Hearings Board Remand effort closed on Friday July 31 at 5:00 PM. The City received a total of 69 comments from 53 individuals, groups, and agencies. The Scoping Report will summarize comments received and identify changes, if any, to the scope of the EIS. The Scoping Report will be issued later in August and posted on this webpage when available.
The City appreciates residents' and stakeholders' input and interest on this project and its associated environmental analysis. There will be more opportunities for interested parties to get involved in this process, including a comment period on the Draft Environmental Impact Statement (DEIS) following its issuance.
29 Jul 2020: EIS Scoping Period Extended
The City's scoping period for the EIS to be prepared on the proposal to address the Growth Management Hearings Board Remand has been extended from July 28, 2020 to July 31, 2020. Comments about the scope of the EIS may be submitted via hard copy letter, email (to eis@sammamish.us), or online comment submission form at https://form.jotform.com/201746911320043 until 5:00 PM on Friday July 31, 2020.
08 Jul 2020: Combined SEPA and EIS Scoping Notice - non-project DS for proposed Comprehensive Plan and code amendments for transportation level of service
On July 7, 2020, the City of Sammamish issued a combined SEPA Determination of Significance (DS) and Scoping Notice for the proposed Comprehensive Plan and municipal code amendments relating to transportation level of service. This notice initiates a 21-day scoping period for the EIS.
The City will prepare an environmental impact statement (EIS) pursuant to Chapter 43.21C RCW.
The lead agency has identified the following areas for discussion in the EIS: water resources (water quality, stormwater), plants and animals (fish), land use, plans and policies, population and housing, and transportation. Alternatives considered in the EIS are anticipated to include no action, consisting of current policies and regulations, and two action alternatives that vary in approaches to adjusting LOS standards and concurrency management.
Comments on the scope of the EIS are preferred electronically via the following link: https://form.jotform.com/201746911320043. Comments can also be submitted via email to eis@sammamish.us. Written comments may also be submitted to:
City of Sammamish
801 228th Ave SE
Sammamish, WA 98075
ATTN: EIS Scoping Comment
Please note that comments on the scope of the EIS must be received by July 28, 2020 at 5:00 PM.