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FAQs

Click on each question to see the corresponding answer.

Q: Where can I get additional information regarding this agreement?

A: Click here to view the PowerPoint presented at the meeting on October 26.

Q: How does the 180 Day Due Diligence process work?

A: The Enumclaw School District will hire an outside consultant to coordinate the review of each proposed school site. Depending on different site characteristics and concerns, the consultant will work with other experts (for example, a geotechnical consultant) in the review of the site. This process will be done independently by the Enumclaw School District.

Q: Where can I find maps to identify the school sites?

A: Embedded within the appendix of the Full Text of the School Mitigation Agreement are maps of each proposed school site. For a map of the entire development that shows all school sites, click on the tool bar "Maps" on the right side of this website page.

Q: Does the District's participation in the tri-party agreement mean that the District is approving the Yarrow Bay Master Planned Developments?

A: No. The District has no authority over the review and approval of Yarrow Bay's projects. The Master Planned Developments must still be reviewed by the City of Black Diamond pursuant to the City's MPD ordinance and related approval process. The City of Black Diamond must review a number of distinct elements related to Yarrow Bay's projects (e.g., density, roads, open space, etc.). The District has worked proactively to represent the District's interests and to ensure that impacts to schools are effectively addressed as a part of that process. The Comprehensive School Mitigation Agreement, if approved, will inform the City of the District's preferred school mitigation.

Q: Why does the Agreement set lower mitigation fees in the first 5 years?

A: As a preliminary note, the Comprehensive School Mitigation Agreement has two components of mitigation: land conveyance and mitigation fees. The Developer's conveyance of up to seven school sites located in or near the development, at no cost to the District's taxpayers or from the District's General Fund, represents significant mitigation that the mere payment of fees does not equal. However, mitigation fees remain important to potentially offset a portion of the costs related to school construction. The District's goal in securing the mitigation fee structure was two-fold: (1) to encourage development in the early years to build the District's tax base (but still requiring an adequate level of mitigation fee); and (2) to ensure that the Developer (and any successor) would be bound to paying mitigation fees through the entire build out of the two MPD projects. It is currently anticipated, based on information in the filed MPD applications and from the Developer, that between 1,350 to 1,500 dwelling units are planned to be built by the end of 2015. Thus, the majority of the units will follow after the first five years and will be subject to the higher mitigation fee rate. Significantly, the Comprehensive School Mitigation Agreement ensures that, regardless of local or state actions to eliminate or lower the rates of Growth Management Act school impact fees, mitigation fees will be paid to the District before any unit can be built.

Q: What happens if an identified site is not suitable for school purposes during the due diligence process?

A: In the event the District determines, following due diligence, that an identified site is not suitable for school purposes, the District has two available remedies. First, the District, the City, and the Developer must meet in an attempt to identify an alternative site. In the event that such a site cannot be located (including the circumstance of a second located site failing to satisfy the District's due diligence), the Developer will be required to pay the District for the value of the site. The District can use these funds to locate another site or to pay for school capacity improvements at another location.

Q: What are the benefits of receiving land versus simply mitigation fees?

A:  "If the mitigation were to be limited exclusively to mitigation fees, the District would receive money over the build out of the developments (15 years or more) and would need to compete with other land purchasers for any remaining undeveloped properties in the vicinity of the developments. More likely than not, there would not be land available (short of condemnation) in the developments. Available land outside of, but near, the developments likely would be highly sought. The District likely would expend a considerable amount of any received mitigation fees on land purchases in locations that may be less than ideal. As such, securing land through the Mitigation Agreement provides a significant benefit and allows the District to effectively plan for future schools."

Q: What happens if the trigger (1,600 units) for the first middle school is not met?

A:  "The District will receive conveyance of the first elementary school within 180 days of MPD Approval (regardless of whether the Developer receives final plat approval for any units). For conveyance of the first middle school site to occur, the Developer must receive final plat approval for 1,600 dwelling units and the District must receive voter approval of a bond to construct a school on that site. Similarly, for the second elementary school, the Developer must receive final plat approval to build 1,750 dwelling units and the District must receive voter approval of a bond to construct a school on that site. If bond approval is not received during the term of the Agreement, the sites will still be conveyed to the District so long as final plat approval for the unit thresholds has been met. In the event by the end of the term the Developer does not receive final plat approval for the unit thresholds, but receives final plat approval for only 1,599 units or less, the Developer will have been required to pay mitigation fees (after using mitigation fee credits received for the value of the conveyed first elementary school site) for the development of those units (rather than receiving mitigation fee credits for conveyance of the properties)."

 

Contact Information

Superintendent:
Mike Nelson
360.802.7103

Director, Business and Operations:
William (Ed) Hatzenbeler
360.802.7107

Upcoming Meetings


Past Meetings

December 20, 2010 - Board Meeting

December 6, 2010
Tri-Party School Mitigation Agreement presentation in PDF format.

November 12, 2009 - Minutes (pdf)
Community Information Meeting hosted by the Enumclaw School District regarding the tri-party agreement between the Enumclaw School District, city of Black Diamond and Yarrow Bay
6:30 P.M.
Enumclaw High School Library

November 5, 2009 - Minutes (pdf)
Community Information Meeting hosted by the Enumclaw School District regarding the tri-party agreement between the Enumclaw School District, city of Black Diamond and Yarrow Bay
6:30 P.M.
Black Diamond Elementary School Gym

October 26, 2009
Joint Community Information Meeting was held between the Enumclaw School District Board of Directors and the Black Diamond City Council. Click here to view the PowerPoint presented at that meeting.