Dennis Box, The Courier-Herald

A nearly 13-acre parcel of land next to Allan Yorke Park is at the center of a controversy among nearby residents and Bonney Lake officials.

The parcel is owned by Schurr Brothers Construction. The developer requested a rezone of the property at 7405 West Lake Tapps Hwy, from low density residential (R-1) to medium density residential (R-2) with he intent of building duplexes on the land.

The city's hearing examiner recommended to the City Council to approve the rezone request.

"The hearing examiner made his decision based on whether the rezone fit in the city's Comprehensive Plan," City Attorney James Dionne said during the meeting. "It is irrefutable that it did."

The City Council approved the rezone with a considerable amount of indigestion among the members.

"Sometimes you have to hold your nose and vote for what youknow," Councilman Dave King said just before the vote. "It is sad we are at this juncture. This is not the end of this issue."

The final tally was five "yes" votes from Councilmembers James Rackley, Mark Hamilton, Phil DeLeo, Cheryle Noble and King. Councilman Neil Johnson voted "no" and Deputy Mayor Dan Swatman abstained.

"We had to vote for this," Mayor Bob Young said. "It's in our own Comprehensive Plan."

A group of neighbors came to the meeting to speak against the rezone with the hopes the property could be purchased by the city for expansion of Allan Yorke Park.

"I live on West Tapps Highway," Bob Cantrall said. "Building townhouses or duplexes is too much for this neighborhood. The traffic issues are unbelievable. That road is just a death waiting to happen."

Bill Schurr of Schurr Brothers Construction attended the meeting and pointed out to the members and public he was a resident of the area, living near Tacoma Point, and the city gave him approval to move ahead with development plans.

"This has been a very difficult," Schurr said. "We brought this project forward thinking we are in compliance with what the city wants, and now the City Council is against it. This came as a shock. They've been working on a parks plan and that property was not part of it."

The city made an offer to Schurr Brothers to purchase the property for $1.2 million, $200,000 more than the purchase price.

"They made an offer and we made a counter offer," Schurr said. "The offer didn't cover our cost. I've got 30 employees poised to start working on this in the fall. If we pull out it leaves a hole."

The Council is considering passing an ordinance to condemn the property, effectively forcing a sale. The ordinance for condemnation was on the Tuesday City Council workshop agenda.

"Condemnation is a government exercising its right to take private property for public use and pay just compensation for it," Deputy Attorney Jeff Ganson said.

Condemnation is a lawsuit by a city that goes before a Superior Court. In the first step a judge decides whether the land is needed for public use. The second step is for a jury to decide compensation.

"I would rather negotiate a purchase then leave it in the hands of a jury who will then decide fair market value," Young said. "If we negotiate we have more control. How can you take away the private land-owners rights when it, in fact, fits with the Comprehensive Plan and rules of the city?"

The Council is working hard to expand park land inside the city. A resolution was approved by the Council at the May 11 meeting for a $5 million bond for purchasing land. The bond will be on the ballot in the general election in November.

"We need this land badly for the city," Johnson said. "We don't want to keep building just to keep building. I think it's something we have to act on or we lose out on needed park land. What's important to the people of Bonney Lake? We need to have growth, but when we have a chance to make Allan Yorke Park even grander, we have to move."

Rackley has reservations about the condemnation process.

"We waited for the parks board to give us a parks plan and that property was not on it," Rackley said. "I want to expand Allan Yorke Park. It's a good idea, but I'm worried we are wasting our resources. We need parks in other parts of the city. Once we condemn this property it steps out of our hands, a third party judge decides. We could get hit $1.5 to $3 million for this property."

With land rapidly disappearing in Bonney Lake, there is considerable pressure from outside and inside the Council to purchase this property.

"We're not trying to steal anyone's property," Swatman said. "But we need this property for our parks. If we have to pay $1.5 million for it in the end, it needs to be part of the parks. It doesn't matter what it cost."

Dennis Box can be reached at dbox@courierherald.com