LP19-00003 Wallace Final Decision 3-19-2021

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he testified as to his concerns regarding the traffic study submitted by the Applicant in that the current proposal is a six lot increase over the current allowed zoning density. 36.6 Rebecca Wassell. Ms. Wassell testified on behalf of the Mid -Columbia Fisheries Enhancement Group. She agreed with Ms. Nelson that the shoreline buffer should be open space. 37. In rebuttal, the Applicant called the following witnesses: 37.1 Charles Marshall. Mr. Marshall indicated that the Applicant objected to the proposed 500' buffer. He indicated that there would be no significant use along that particular property line with the Sanctuary. He indicated that even though the use would not be expected to be significant, he stated this is private property and they didn't want to restrict the use. 37.2 Mark Kirkpatrick. Mr. Kirkpatrick testified that he was an agent of the Applicant and property owner. He was the Applicant's surveyor. He indicated that their survey would identify all lot lines and that they would have a Class A water system that would provide water for fire protection. He indicated that they would work with the Fire Marshall. He indicated that the lots along the river were separated by significant open space between those river lots and the Sanctuary. 37.3 Ed Sewall. Mr. Sewall testified that he was an agent testifying on behalf of the property owner and Applicant. Mr. Sewall testified in response to Mr. Philip indicating that the lots would block the wildlife corridor. Mr. Sewell testified that the wildlife would go through wetlands to stay in cover of the stream and wetland area and that the homes would not inhibit the wildlife passing through the area. He also indicated that a conservation easement or other type of restriction of use along the Yakima River was not needed. 37.4 Mike Read. Mr. Read testified that he was an agent authorized to appear and speak on behalf of the property owner and Applicant. Mr. Read performed the traffic study. He indicated that the Applicant would need an access connection permit and railroad permit in order to access properties. 37.5 Christopher Landreau. Mr. Landreau testified that he was an agent authorized to appear and speak on behalf of the Applicant and property owner. Mr. Landreau had nothing to add regarding the archeological study. 37.6 Tyson Carlson. Mr. Carlson testified that he was an agent authorized to appear and speak on behalf of the Applicant and property owner. Mr. Carlson is a hydrologist and testified regarding water supply and water rights and the requirements that the water be sustainable and have no impairment on area users. He stated that these were requirements of the Washington State Department of Ecology. 37.7 Duana Kolouskova. Ms. Kolouskova indicated that she was the attorney for the Applicant and was authorized to appear and speak on their behalf. Ms. Kolouskova was not put under oath. The Hearing Examiner asked Ms. Kolouskova if the Applicant wanted a continuance of the hearing in order to review and respond to the request for a 500' buffer. Ms. Kolouskova did not request a continuance. Ms. Kolouskova provided legal argument that open space uses are only those allowed pursuant to the Kittitas County Code. LP-19-00003 Wallace Ranch Conservation Plat Page 14 of 21