LP19-00003 Wallace Final Decision 3-19-2021

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34.49 Ex. 49 HE Decision on Motion for Standing 34.50 Ex. 50 Addendum to HE Decision 34.51 Ex. 51 Appeal Correspondence Record 34.52 Ex. 52 Critical Areas Study 34.53 Ex. 53 Traffic Study 34.54 Ex. 54 Cultural Resource Scoping Study 34.55 Ex. 55 Rory O' Connor Comment submitted December 22, 2020 34.56 Ex. 56 Aron Larsen Comment Submitted on January 6, 2021 34.57 Ex. 57 Robert Philip Exhibits 34.58 Ex. 58 Steve Worley Comments submitted January 4, 2021 34.59 Ex. 59 Affidavit of Mailing and Publication for Virtual Public Hearing 35. Appearing and testifying on behalf of the applicant was Charles Marshall. Mr. Marshall testified that he was an agent authorized to appear and speak on behalf of the property owner and applicant. Mr. Marshall indicated that the applicant had no objection with any of the Conditions of Approval proposed by staff. Mr. Marshall testified about the substantial open space that is going to be created at the open space near the Chimpanzee Sanctuary facility would be for pedestrian, bicycle, and horseback riding. There would be no motorized vehicle use. 36. Testifying from the public were the following individuals: 36.1 Bob Philip. Mr. Philip testified consistent with his written comments. Mr. Philip had concerns regarding water and whether the Applicant's well or wells will impact his water supply. He also testified that the open space being created is mostly unbuildable. He had concerns about fire and fences. 36.2 Jennifer Nelson. Ms. Nelson testified on behalf of the Washington State Department of Fish and Wildlife. Ms. Nelson testified that the Department of Fish and Wildlife believed that the open space needed to be managed in perpetuity. She testified that both banks on the Yakima River needed to be designated as open space in order to prevent multiple, individual, access points. 36.3 John Schultz. Mr. Schultz testified that he is an avid fisherman and had concerns about septic being released or otherwise discharged into the river. He agreed with Ms. Nelson that the buffer area should be open space. 36.4 Leah Hendrix. Ms. Hendrix testified on behalf of the Bureau of Reclamation regarding water issues. 36.5 Matthew Gershman. Mr. Gershman is the attorney for Chimpanzee Sanctuary Northwest. Mr. Gershman testified that the Sanctuary property is above SR-10. The Sanctuary has over 90 acres of property. He indicated that there was a shared border with the Applicant's property, which the Hearing Examiner would describe as the open space north of the Yakima River lots and the western border. Mr. Gershman asked that a 500' buffer of open space on this shared border be created in order to protect not only members of the public on the Applicant's property, but also the animals on the Sanctuary property. He asked that there be no development at all within this buffer area, which would include trails. Mr. Gershman suggested that plat notes should be required indicating there is no further subdivision of any of the open space, and to specify the allowed future uses within the open space. He further indicated the open space needed to be maintained for weeds and fire hazards. Finally, LP-19-00003 Wallace Ranch Conservation Plat Page 13 of 21