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Kittitas County Fire District #3
<br />clo Jon Sitkin
<br />March 19,2021
<br />Page l2
<br />As your proposal acknowledges, new fire engines cost $700,000, but you are not, and nor shouldyou, expect ERLC to pay this cost. The District has, apparently, never before asked another
<br />developer to agree to such mitigation, despite over 70 homis ueing buitt within the district in the
<br />last five years. The District acknowledges that voter approval *oirlA be necessary to levy these
<br />costs, but there is no plan to bring such a levy proposal. From where ERLC is sitting, the bistrict
<br />is asking for mitigation to fund fire operationtcortr that it has no plan to implemeit orachieve,
<br />and is further singling out ERLC for something it is unwilling to ask of every other developer, or
<br />even its jurisdiction as a whole, to contribute to.
<br />The District's proposal is to execute a voluntary mitigation agreement with ERLC alone and torecord this on the parcels to be created, burdening onty ERLC and its successor's with this uniqueprivilege. Based on the above considerations, thi; prouider zero assurance to ERLC that adequate
<br />service will be available to justify this burden. Youi own position is that "even with rhe rnitigation,the District will continue to seek to meet its response goals but cannot assure that they will betnet." Your position evidences that there has been a lack of planning and foresight to date, that theDistrict is looking to ERLC to cure this failure, and that even with-the solution'you pr.opose, you
<br />cannot provide any guarantee that services will be available.
<br />ln general, under RCW 82.02.020, a developer cannot be held responsible for correcting a
<br />qleexislittg deficiency. Benchmen'k Land Co. r,. City o.f Battle Gtouncl,l46 Wn.2d 6g5, 695--96,49 P.3d 860 (2002). Fufther, where a developer has agreed to install residential fir-e sprinkler
<br />systems irr single-farnilyhornes, the developer cannot alio be requircd to pay impact fees for fireoperations' RCW 82'02'100. Most of your letter focuses on fireoperations, inciuding truck/fire
<br />engines and apparatuses' ERLC has specifically agreed to add fiie sprinklers to rh; proposed
<br />residences. This precludes the District from requiring any contribuiion from ERLi for fire
<br />operations associated with the single-family lots, the vast majority of the project. The District islimited, by law, to seeking mitigation for other residential homes and ,orn*.r.iul spaces, and tomitigation for emergency medical services associated with the single-famiiy lois. SeeRCW 82.02.100.
<br />The commercial spaces, including the RV storage areas, will also be rcquired to have firesprinklers. While no statute specifically precludes the District frorn obtaining monetary rnitigationfor these at'eas, the argument is still evident that the need for fire apparatuses and other fire
<br />operations costs will be lessened by these efforts.
<br />With regard to emergency medical services, we recognize and do not contest that additional
<br />development equates to additional demand. However, tle development of Marian Meadows will
<br />also equate to additional property tax revenue for the District, whictr the District should also utilizeto pass voter levies to address the other issues you identify. However, as you note, the additional
<br />demandfor emergency medical services will primarily pertain to additionaidemand for volunteers.ERLC fails to see how monetary mitigation will ,.d.ers this problem. ERLC is willing tocontribute real estate, closer to Marian Meadows, where the Distriit's volunteers can set up ,iop.This would be in lieu of monetary mitigation as conremplated by RCw g2.02.020.
<br />With the above considerations, if ERLC is going to commit funds via a voluntary mitigation
<br />agreement, ERLC will provide what the City of Cle Elum negotiated in the plat of Cle Etum iines,
<br />$250 per unit, defined as any residential unit or commerciafttorage unit, to be assessed and paid
<br />JouNs.MoNnon MnsuNAcA.KoLousKovA . pLLc
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