Tri-party agreement with YarrowBay and Enumclaw School District approved by Black Diamond City Council

An agreement providing land for schools in the two YarrowBay master planned developments, The Villages and Lawson Hills in Black Diamond, passed the City Council test by a narrow margin Jan. 6.

An agreement providing land for schools in the two YarrowBay master planned developments, The Villages and Lawson Hills in Black Diamond, passed the City Council test by a narrow margin Jan. 6.

The tri-party agreement, which is between the Enumclaw School District, the Kirkland-based developer YarrowBay and the city, was approved by the council on a 3-2 vote. Councillors Bill Boston, Leih Mulvihill and Kristine Hanson voted yes. William Saas and Criag Goodwin dissented.

The Enumclaw School Board unanimously approved the agreement Dec. 20.

The agreement provides sites for a high school, elementary schools and middle schools. YarrowBay will transfer the land to the school district and will receive mitigation fee credits in return.

The City Council approved the two master planned developments in September and the process has moved into the development agreement phase, which includes a public hearing before the city’s hearing examiner.

YarrowBay filed the development agreement application in September.

A land use petition act or LUPA appeal has been filed against the two developments by the group Toward Responsible Development. An appeal is in federal court and before the state Central Growth Management Hearings Board.

Prior to the Jan. 6 City Council deliberations on the tri-party agreement numerous residents from around the area spoke against the council approving the plan during public comment at the meeting.

Rich Ostrowski said the agreement did not provide adequate mitigation for schools in the future.

Issaquah resident Brian Derdowski, who has a consulting firm and stated he was speaking for some Black Diamond residents, suggested the council delay the vote and send the agreement to the hearing examiner and move it to when the development agreement is considered.

During council deliberations Saas said he agreed with Derdowski that the council should “pass it along with the public process hand in hand with the development agreement.”

Goodwin said he viewed the agreement as “part and parcel of the MPD (master planned development) process that needs to be considered as part of that MPD process.”

The councillor said he thought the agreement was flawed. He said Enumclaw and rural King County residents in the Enumclaw School District would have to approve about a $25 million bond and he thought the city was “setting ourselves up for failure” and he noted “we are going to have busing of young kids long distances.”

Hanson followed Goodwin asking him, “Then tell me what you would change to make it better.”

Hanson said she was struggling with many of the same issues as Goodwin, but saw the value of the land as an important issue.

“So in five years when the schools are ready to build and we don’t do this agreement now, the value of the land could be double,” Hanson said.

Mulvihill noted Black Diamond students “already have busing. I made that trip four to five times a day for four years up and down that hill. What I wouldn’t have given for a high school down the street.”

Mulvihill said, “Now is our time to stand up and build our own schools for our own students. I look at what could be and I’m really excited.”

Boston pointed out the Enumclaw School Board, superintendent and the district legal council reached an agreement with YarrowBay after years of negotiations and the board unanimously approved the agreement.

“My duty is to the city,” Boston said. “Not to obstruct the work of the school board. I respect the decision of the district.”

Tri Party Agreement