The Bonney Lake City Council was scheduled to take action Dec. 15 on amending the comprehensive plan land-use designation and zoning, along with a development agreement of the Washington State University (WSU) Demonstration Forest.

More than 30 people attended the meeting and residents had a chance to voice their final comments on the proposed development agreement.

The forest consists of almost 150 acres of land south of state Route 410 between South Prairie Road and 214th Avenue East.

In June, the city, WSU and Weyerhaeuser announced plans to develop the property to meet a variety of community goals. The acreage, dedicated to the city, would include 35 acres of trees or open space area, five acres for buffer and trails, two acres for a park and five for a future YMCA with a pool. The plan also includes a connector road between South Prairie Road and SR 410 to improve traffic flows.

Before implementing the proposed development agreement, council must approve the rezone needed for the agreement.

Before the public hearing, Community Development Director John Vodopich presented some key points of the proposed development agreement.

He said a proposed resolution authorizes the mayor to sign the agreement only after WSU and Weyerhaeuser have signed. An ordinance conditions the comprehensive plan amendment for land-use designation and rezone on the execution of the development agreement by Dec. 31.

Vodopich said failure to execute the agreement by any of the parties would cause the ordinance to be void and the land-use designation and rezone changes under the Comprehensive Plan would go back to the prior designation.

He said the city proposes an R-3 midtown overlay – high-density residential, 20-units per acre – but it would have to be adopted by an ordinance in 2010, and included in the city municipal code.

City Attorney Kathleen Haggard said in order to apply the overlay, the zoning map needs to be amended to state where it applies.

“How far to apply the overlay is up to the council,” Haggard said.

Vodopich said, concerning restrictions of the property, the proposed agreement states the land dedicated to the city must be used for public use and recreation. He said the agreement – as it’s currently written – the city may rezone and sell the property once building permits have been issued for the commercial property, or before Jan. 1, 2025, – whichever comes first.

Vodopich said the property would transfer from the owners once the development agreement is executed, along with the Comprehensive Plan and R-3 Overlay approved, and any appeal periods have been expired or resolved.

Vodopich said the developer of the medial office building on the property would be require to pay the city’s Traffic Impact Fees (TIF). He said there is a provision in the agreement concerning a signal at SR 410 and 204th Avenue Court East by the Washington State Department of Transportation, which would be added to the city’s TIF list.

The agreement limits the city’s ability to require the retention, up to 25 percent of non-residental sites. The city may require the retention of nonexempt trees on the residential area in keeping with the community character element of the comprehensive plan.

Regarding use of trails, once the property is dedicated to the city, or sooner if mutually agreed upon, the city will be allowed to open the trails on the entire property for use by the public.

Vodopich said Quadrant has suggested adding that “either party may terminate interim use of trails.” He added if WSU or Weyerhaeuser elect to terminate the city’s use of the trails, it shall provide one year’s advance written notice to the city. The city’s insurance carrier has recommended posting of rules for the use of the trails and limiting hours from dawn to dusk.

Public hearing comments

During the Dec. 15 workshop, the council heard more testimony during the public hearing on the proposed development agreement which was continued from the Dec. 8 meeting.

A dozen people provided testimony during the public hearing on the development agreement, which many were opposed.

Resident Jon Sigafoos urged the council not to let Quadrant build homes in the city because of a pending lawsuit against the home builders.

Mayor Neil Johnson said the lawsuit isn’t prevalent to the development agreement hearing. Johnson said in the development agreement there is no mention of Quadrant building homes on the property.

Dennis Tompkins said the city has an opportunity to preserve a unique forest resource in an urban setting.

“If all the trees are removed, long term opportunities for serving the public in other ways will be lost forever,” he said.

Fred Jacobsen told the council he’s against the R-3 Midtown overlay and creation of a new zone. He also recommend creating a zone that requires use of Low Impact Development (LID), high-rise high-density and clustering to retain as much of the forest canopy as possible.

Pete Lymberis, a senior development manager for Quadrant Corporation, pointed out development of the property would pay the city $7 million in TIFs, along with additional impact fees for the company’s share of impact to the city. He said the development of the land would create jobs, tax revenue and a state-of-the-art medical facility.

Melissa Johnson said the city could build a much-needed athletic field on the 47 acres.

She said the WSU Forest has been a source of crime and homeless encampments.

“I’d much rather see this land improved where youth and adults can use it,” she said.

Cheryl Noble, a former councilmember, said developers are “once again developing our city.”

Noble asked Bonney Lake City Attorney Kathleen Haggard if the agreement is denied, would there be a lawsuit filed such as the one on the Moriarty property.

Haggard said the lawsuit on the Moriarty property was filed by the city.

Noble asked Haggard if the comprehensive plan and development agreement is denied, “What’s the outcome?”

Councilman Dave King called for a point of order.

King asked the mayor if citizen comments was a time to air comments about legislation the council is considering and engage in dialog with the city’s counsel.

The mayor agreed.

George Brown said when he used the WSU forest he saw lots of trash, grocery carts, stolen bicycles and homeless people living in the forest.

“It was a mess before it ever got closed down,” Brown said.

Chris LaValle, president of the Sumner Soccer Club, said one potential use of the 47 acres given to the city could be use for athletic fields. He said on any given Saturday more than 300 children, ages 5 to 17, are playing soccer.

LaValle said the soccer club uses the Sunset Chev Stadium in Sumner but has to spread out teams to play at five different locations and can only play on certain fields during certain times of the year.

He said a soccer tournament in the city could bring hundreds of people, who in return would create tax revenue at local businesses. LaValle said his group could work with the city to assist in raising funds to construct the fields.

Before discussing the resolution, the council approved waiving the provisions of the city’s municipal code to immediately allow discussion of public testimony following the closure of the public hearing.

Councilman Mark Hamilton said how the property is going to be used has not been determined.

“We’re already figuring out how to use the property and we haven’t even got the property,” Hamilton said. “We got to get the property first, then we will determine – as a city – how it’s going to be used. A lot of things are going to have to be figured out.”

Hamilton added the city is trying to get an agreement together.

“We can’t have vision and plan without land,” Mayor Johnson said.