DV-19-00001 Marian Meadows Development Agreement Master File

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reflect that the four large single-family lots on the eastern slope are part of the project area and are subject to the fire prevention plan. The 4 large eastern lots will be governed by all provisions of Kittitas County's WUI Code. Other lots within the project will be addressed within each phase. • The Community Standards and Guidelines document provided as Exhibit D is still under review by the Kittitas County Building Official. Further comments will be provided as they become available or with the second round of Staff review, whichever occurs first. At this time, this exhibit should be updated to reflect that the Commercial Forest Setback of 200 feet from property lines abutting lands zoned Commercial Forest shall be adhered to pursuant to KCC 17.57. The northern and eastern boundaries of the Marian Meadows PUD currently abut lands zoned Commercial Forest. Updated. • Exhibit F of the draft Development Agreement discusses the conditions of Ordinance 2018-006 that are either required to be addressed by the agreement or the applicant is choosing to address through the agreement. o The applicant is requesting that Condition 40 of Ordinance 2018-006 be reviewed by the BOCC due to the argument that this condition was added without input from the applicant. This condition cannot be altered as the applicant did not file a timely LUPA on Ordinance 2018-006 and the County does not have a process for amending conditions of preliminary approvals. o Conditions 41 (DA Section 5.1), 45 (DA Section 5.2), and 46 of Ordinance 2018-006 were not listed in Exhibit F however they are required to be addressed by the Development Agreement. Please update the draft Development Agreement and Exhibits as necessary to reflect/address these conditions. Please review the sections cited above. As for Condition 46, if a Development Agreement is not timely finalized, it will not matter whether the draft agreement contemplates this. The Ordinance does not require this to be included and doing so would be redundant and confusing. • A Technical Memorandum was provided by the applicant from Raedeke Associates, Inc. regarding condition 4 of Ordinance 2018-006 which states "The non -fish stream mapped at the southern portion of the site shall be reassessed during high spring flows to determine necessary setbacks under KCC 17A.07 to be incorporated into a stormwater management plan". This memo states that the site visited three times: February 27, March 13, and March 20, 2018 at which times the site was covered by snow. Based in part on these site visits, Raedeke determined that the Type N Stream in question does not actually exhibit the characteristic of a stream and that no evidence of evidence of flow was observed. County staff agrees with the Washington State Department of Fish and Wildlife comments that photos should have been included with this memorandum of each site visit to verify what was observed on the ground. Further a site visit must occur during spring high spring flows when snow is not on the ground to accurately assess the Type N Stream in question. The Raedeke Technical Memorandum shall be updated accordingly. Since it is necessary for this update to occur during spring high flows and after snow has melted from the site,