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Robert D. Johns (RetireiO <br />IV <br />Michael P. Monroe <br />JohnsMonroe Darrell S. Mitsunaga <br />Ma <br />.tsunagaKolouskovA RFEB 05 202D DuanaT. kolougkov3 <br />�/; . <br />Kittltas G®. CDS i Vicki E. Orrico <br />�! Dean Williams <br />Via E -Mail and US Mail <br />Ms. Lindsey Ozboit <br />Mr. Neil Caulkins <br />Kittitas County January 30, 2020 <br />411 N. Ruby St., Suite 2 <br />Ellensburg, WA 98926 <br />Re: Marian Meadows Development Agreement Second Review and Request for <br />Corrections/Additional Information <br />Dear Ms. Ozbolt and Mr. Caulkins: <br />On behalf of Easton Ridge Land Company, we provide this letter in response to the <br />County's corrections and additional information letter dated January 21, 2019. We are <br />concerned as to the significant change in review that the County's review takes. We are of <br />the very strong opinion that the preliminary plat approval for this project governs all future <br />permitting, including the limited development agreement, through approval and recording <br />of the final plat. RCW 58.17.130(3)(a); 58.170. Please consider the following analysis. <br />Based on the following, we request the County reconsider its position and expeditiously <br />complete review of the pending development agreement application. <br />Ordinance No. 2018-006 granted approval to the Marian Meadows Planned Unit <br />Development (PD -17-00001), Conditional Use Permit (CU -17-00001), and Preliminary <br />Plat (LP -17-00001) (collectively referred to herein as the "Plat Approval"). That approval <br />encompasses everything shown on the submitted plans and permits for each of the project <br />components as admitted into the record before the Board of County Commissioners. In <br />contrast, the consequent Development Agreement required for certain conditions in that <br />approval, and its related materials, are of a far more limited scope. <br />The Plat Approval specifies the limited purposes that the Development Agreement will <br />serve, most notably, addressing mitigation for impacts to Easton School District and <br />Kittitas County Fire District 43. The recent comments from Community Development <br />Services seek to change clearly approved elements of the Planned Unit Development and <br />Preliminary Plat. This is an improper use of the Development Agreement under these <br />particular circumstances. <br />Easton Ridge Land Company maintains that the draft Development Agreement, as <br />submitted, is consistent with the approval by the Board of County Commissioners and the <br />applicable development regulations. The following points demonstrate this point and <br />further explain our opinion that the recent Request for Corrections from Community <br />Development Services should be reconsidered. <br />M (425) 451-2B12 • R (425) 451-2818 <br />11201 SE 8th St. • Suite 120 • Bellevue, WA 98004 <br />www.immklanduselaw.com <br />