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Kittitas County Board of Commissioners May 28,2021 P age l2 1d. This is in spite of the fact that ERLC proposes to use fire sprinklers in every residential home, something no other development has been required to do in the Disrict. To E-RLC's knowledge, the District has never made this demand of any other project. This would significantly decrease the value of the lots to be created in Marian Meadows, ERLC rebutted the District's letter legally and factually on March lg,20Zl,expressing concernfor (l) the District's lack of ability to commit that services would be availab'ie everiwith the rnitigation payment, (2) the District's lack of preparedness for these discussions, despite years to prepare, and (3) the broad brush the District applied to encompass potenrial impacts ERLC should be required to mitigate. ERLC countered with a reasonable oiferof mitigationpayment based on what other Districts have received, and in the alternative, a land gift. See- Mat "i t g Lrtr",. at 2- 3. ln response, the District reasserted its positions with regard to the rnitigation payrnents anclthe 24'foot height limitation. Without regard for the information in the FEIS, the Oistrict assefted that the height limitation is a rcasonable requirement under the Statement Environmental policy Act, despite never appealing the FEIS. The District dismissed ERLC's offer of land, despite the Distr.ict asserting that proximity to Marian Meadows was its primary obstacle to providing iervices. ERLC prepare and submitted a response, that explains several inconsistencies with the iistrict's claimed needs and the FEIS, but as long as the District intends to re-write Kinitas County Development Code and impose a 24-foot height limitation, an unreasonable restriction that has noi b..n enforced on any other proposal within the District, ERLC does not believe that an agreement can be reached. Currently, between residential ($ 1,750 x 89) and commercial payments (approx. I 50,000 x $.60), the District is demanding approximately $245,750. ERLC is offering a practical land gift that will add.ress the District's proximity concerns and an additional $45,250 i$Z3O*Sq, $250x9"2 RV units)to kick start capital improvements that remain unplanned, for a total of $134,530. ERLC understands that the District's voters receutly approved a levy that could double the District,s annual budget, allowing thetn to ptu'chase the claimed needed equiprnent. As soorr as the Marian Meadows lots are platted, the District will have significantly more-revenue, ERLC,s proposal is directly in line with the FEIS recommendations, as recited in paragraph 11.7.2.4 of'Ordinance 20 r 8-006. The District has not engaged fairly with ERLC. From the beginning, the Districr stated that it didnot have the information necessary to negotiate with ERaC. lnitead, the District offered an admittedly rough number that bore little or no relation to the propol'tional impact on the Dis6ict's facilities by the Marian Meadows development, and was instead based on day+o-day costs of ope_ration, something that should be addresses through levies. The District'r t"rponr" i, that, if ERLC expects a more professionaland formulaic approach, ERLC will have to wait an upspecified amount of time for the District to study the issue. Despite this demand, the District cannot even commit to providing a specified level of service to Marian Meadows once the mitigation is paid. The District has also not backed away from insisting that a height limitation be placei in perpeiuity on Marian Meadows, of 2 stories and 24-feet, something no other development is required to adhere to. Jour.rsMoNRoE MrrsuNAcA.KoLousKovA . prrc