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Home My WebLink AboutDA-15-00001 Palomino Fields Master File COMMUNITY PLANNING BUILDING INSPECTION PLAN REVIEW ADMINISTRATION PERMIT SERVICES CODE ENFORCEMENT KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES 411 N. Ruby St., Suite 2, Ellensburg, WA 98926 CDS@CO.KITTITAS.WA.US Office (509) 962-7506 Fax (509) 962-7682 “Building Partnerships – Building Communities” STAFF REPORT Proposed Development Agreement for Palomino Fields Subdivision TO: Kittitas County Board of County Commissioners FROM: Kittitas County Community Development Services Staff DATE: May 17, 2016, Open Public Hearing I. GENERAL INFORMATION Description and History: A preliminary plat for Palomino Fields submitted by Cle Elum Pines West, LLC & Cle Elum Pines East, LLC was approved by the Kittitas County Board of County Commissioners on November 18, 2008 for the creation of 120 lots on a 120.8 acre area of land. The proposal presented today does not include any changes or modifications to the approved plat, and all lines and conditions of the approved plat will remain if this proposed development agreement is approved. The DA proposal is to provide an agreement to allow the filing and approval of the final plat in phases. The map accompanying this report indicates the phasing that is being proposed. The phasing will permit capital facility improvement only for areas included in each phase, rather than having all capital facilities within the entire project completed at once. The first phase consists of completing the property and serving street locations closest and most parallel to Reecer Creek Road, the road providing the main entrance to the plat at Bowers, and providing the emergency entrance/exit road at Bender. The first phase of the plat is shown in red on the accompanying map listed as Amended Exhibit G. Four additional phases of completed lots and capital facilities are planned at the conclusion of the first phase. Each phase will not receive final approval until a street connects with the first phase main street. All five phases are proposed to be completed within five (5) years as outlined within the proposed Development Agreement, and “that the term of the agreement shall be automatically extended for the effective life of any required permit or approval… so long as a complete application for such permit or approval has been received prior to the expiration date of this Agreement.” Pocket parks are proposed within the Development Agreement as approved through Resolution 2008-160 which leaves the spaces open in perpetuity. No maintenance agreement between potential lot owners is proposed in Section 9 of the Development Agreement. It is indicated in Sections 11.4 and 11.5 that the project will meet private road standards and will review and issue a grading permit which means that the plat will be brought to current road standards and meet the clearing ordinance. All other elements of the development will meet the conditions of Resolution 2008-160 and conditions of the MDNS of the Palomino Fields preliminary plat. Location: This approved plat is located north of Dry Creek Road and west of Reecer Creek Road between Bender and Bowers Roads comprising a portion of the West ½ of Section 27, Township 18 N., Range 18 E., W.M. in Kittitas County, bearing Assessor’s map numbers 18-18-27020-00001, 0002, 0003, 0015, 0016 and 0017. 2 II. SITE INFORMATION Total Property Size: 120.8 acres Number of Lots: 120 lots have been approved through preliminary plat; no new lots are being proposed through the Development Agreement Domestic Water: The project will be served by a Group A system owned by the applicant Sewage Disposal: Private Septic Systems Power/Electricity: Puget Sound Energy Fire Protection: Fire District 2 - KVHR Irrigation District: Cascade and Ellensburg Water Site Characteristics: North: Primarily agriculture with a mix of residential development South: Primarily agriculture with a mix of residential development and the John Wayne Trail, and just west of the Ellensburg Urban Growth Area East: Mix of vacant land and potentially high density residential West: Primarily agriculture Access: The site is accessed from Reecer Creek Road at Bowers Road. An emergency entrance/exit is located at Reecer and Bender Road intersection. Zoning and Development Standards: The subject property is located adjacent to the City of Ellensburg’s Urban Growth Area and has an Agriculture 5 zoning designation, requiring lots to be a minimum of five acres. However, the plat was approved in 2008 when it was zoned Urban Residential requiring a minimum of 7,200 square feet for a single family residence, and, therefore, the plat is vested to those lot sizes. III. ADMINISTRATIVE REVIEW Notice of Application: A Development Agreement application was submitted to Kittitas County Community Development Services department on October 6, 2015. After additional information was provided, this application was deemed complete on November 2, 2015. The Notice of Application for the Development Agreement was issued on March 29, 2016. This notice was published in the official county paper of record and was mailed to jurisdictional government agencies, adjacent property owners and other interested parties. The last day to submit written comments was on April 28, 2016. IV. ENVIRONMENTAL REVIEW The checklist used to evaluate the Palomino Fields preliminary plat is accepted as the basis to make environmental evaluation of the proposed Development Agreement. Based upon review of the submitted environmental checklist and the subsequent environmental Mitigated Determination of Non-Significant threshold determination made on the Palomino Fields preliminary plat, a Determination of Non-Significance (DNS) was issued on April 28, 2016. The appeal period ended on May 12, 2016 at 5:00 p.m. No appeals were filed. VI. AGENCY AND PUBLIC COMMENTS Applicable agencies, adjacent property owners, and interested parties have been given the opportunity to review this proposal. All comments have been included as Exhibits in the Commissioners’ packet. Public Comments: Five (5) comments from the public and agencies were received regarding this proposal and can be reviewed on 3 file. VII. RECOMMENDATION As conditioned below, staff finds that the application is not detrimental to the general public health, safety or welfare and meets the basic intent and criteria associated with Title 12, Title 14.04, Title 17.40, Title 17.60A, & Title 17A of the Kittitas County Code and the Kittitas County Comprehensive Plan. Staff recommends approval of the proposed Development Agreement for final platting, subject to the following findings of fact and conditions: Staff Findings of Fact 1. A Development Agreement application was submitted to Kittitas County Community Development Services department on October 6, 2015. After additional information was provided, this application was deemed complete on November 2, 2015.This proposal is to phase an approved preliminary plat into five separate phases which will not affect the total environmental impact of the plat. 2. The Notice of Application for the Development Agreement was issued on March 29, 2016. This notice was published in the official county paper of record and was mailed to jurisdictional government agencies, adjacent property owners and other interested parties. The last day to submit written comments was on April 28, 2016. No comments were received. 3. There are no changes to the plat within the Development Agreement proposal that was proposed and approved in 2008. 4. The site is located adjacent the Ellensburg Urban Growth Boundary which has generated concern from the City officials and employees as indicated in comments received. It is not currently zoned to allow for such development intensity but was approved when the property was zoned to allow for a greater density than is now permitted. 5. The subject property is zoned “Agriculture 5,” which allows single family housing and has no prohibition of Development Agreement activity. 6. Correspondence following the Notice of Application was received during the 30-day comment period for the development agreement application. Four comments were received. Three of the comments relate to the project as originally proposed. One comment received is from Washington State Department of Fish and Wildlife regarding the potential impact of the phasing impact, and request is made that certain conditions of the plat be implemented during the first phase of the plat. 7. Based upon review of the submitted application materials including an environmental checklist prepared for the approved Palomino Fields preliminary plat, and because the phasing proposal does not impact the approved plat, a Determination of Non-significance (DNS) threshold determination was issued on April 28, 2016. The appeal period ended on May 12, 2016 at 5:00 p.m. No appeals were filed. Staff Conclusions: 1. The development agreement does not interfere with achievement of the goals, policies and implementation recommendations as set forth in the Kittitas County Comprehensive Plan and Kittitas County regulations. 2. This proposal is consistent with applicable federal and state laws and regulations. 4 3. The proposed development agreement will not change any conditions of the approved plat and only proposes to complete the subdivision process in five (5) phases over five (5) years. 4. Public use and interest will be served by approval of this proposal since flood impacts can be monitored through each phase and maintenance of the storm water standards will be met for each phase. 5. As conditioned, the proposal is consistent with Kittitas County Code including Title 17 Zoning, Title 17A Critical Areas, Title 14.04 Building Code, and Title 12 Roads and Bridges. Based upon these conclusions and findings of fact, staff makes recommendation to approve the development agreement. Recommended Conditions of Approval: 1. The applicant is responsible for compliance with all applicable local, state and federal rules and regulations, and must obtain all appropriate permits and approvals. 2. Development shall occur in conformance with the phasing conditions outlined within the signed development agreement. Any significant alterations outside of minor line adjustments or minor road location in order to meet the conditions normally associated with the plat approved through Resolution 2008-160 are not permitted without an amendment to the plat. Any adjustments to the approved development agreement requires a separate public hearing for approval of such amendments. 3. All current and future landowners must comply with the International Fire Code. 4. All development, design and construction shall comply with all Kittitas County Codes and the International Fire and Building Codes. 5. The four wetlands referred to in the 2008 Hearing Examiner’s findings along with wetland buffers will be clearly identified on the final plat map of the first phase to ensure their protection. 6. The riparian management plan that incorporates signage for Currier Creek referenced in the Hearings Examiner’s findings will be completed within the first phase of the project. 7. All drainage features for stormwater and flood water will be planned and installed before each phase receives final plat approval. 8. All stream crossings (roads and trails) in each phase will require HPAs from WDFW and shall be obtained for each applicable phase. 9. Plans for open parks within the 100 foot buffer for Currier Creek shall be provided for review to WDFW in each applicable phase. 10. The plat shall meet all conditions of Kittitas County Code Chapter 13 and shall contain notes required by Department of Health. DAILY RECORD/KITTITAS PUB C/O IDAHO STATE JOURNAL RECEIVABLES PO BOX 1570 POCATELLO ID 83204 (509)925-1414 ORDER CONFIRMATION Salesperson: LAURA FISHBURN Printed at 05/03/16 16:26 by lfi18 ----------------------------------------------------------------------------- Acct #: 84120 Ad #: 1454593 Status: N KITTITAS CO COMMISSIONERS Start: 05/05/2016 Stop: 05/12/2016 205 W. 5TH AVE, RM 108 Times Ord: 2 Times Run: *** ELLENSBURG WA 98926 STD6 2.00 X 2.24 Words: 90 Total STD6 4.48 Class: 0001 LEGAL NOTICES Rate: LEG2 Cost: 77.50 # Affidavits: 1 Contact: BOCC@CO.KITTITAS.WA.US Ad Descrpt: MEETING Phone: (509)962-7508 Given by: MANDY BUCHHOLZ Fax#: Created: lfi18 05/03/16 15:41 Email: mandy.buchholz@co.kittitas.w Last Changed: lfi18 05/03/16 16:26 Agency: ----------------------------------------------------------------------------- COMMENTS: COPIED from AD 1441543 ----------------------------------------------------------------------------- PUB ZONE EDT TP START INS STOP SMTWTFS DR A 97 S 05/05,12 IN A 97 S 05/05,12 ----------------------------------------------------------------------------- AUTHORIZATION Under this agreement rates are subject to change with 30 days notice. In the event of a cancellation before schedule completion, I understand that the rate charged will be based upon the rate for the number of insertions used. Quote from Daily Record/Kittitas County Publishing (509) 925-1414 This ad will run as quoted unless cancellation is received. Please contact your sales rep 24 hours prior to first run date to cancel order. _____________________________________ _____________________________________ Name (print or type) Name (signature) (CONTINUED ON NEXT PAGE) DAILY RECORD/KITTITAS PUB C/O IDAHO STATE JOURNAL RECEIVABLES PO BOX 1570 POCATELLO ID 83204 (509)925-1414 ORDER CONFIRMATION (CONTINUED) Salesperson: LAURA FISHBURN Printed at 05/03/16 16:26 by lfi18 ----------------------------------------------------------------------------- Acct #: 84120 Ad #: 1454593 Status: N Public Notice Kittitas County, Ellensburg WA The Board of Kittitas County Commissioners will meet at 2:00 p.m. on May 17, 2016 at Kittitas Auditorium, 2015 W 5th Ave, Ellensburg, Washington to consider a proposal to create a development agreement to allow the approved Palomino Fields subdivision to be completed in phases. The proposal does not include any changes or modifications in the approved plat, and only proposes that development occur in phases. More information is online at http://www.co.kittitas.wa.us/notices/. Mandy Buchholz Deputy Clerk of the Board Publish: Daily Record: 05/05/16, 05/12/16 COMMUNITY PLANNING BUILDING INSPECTION PLAN REVIEW ADMINISTRATION PERMIT SERVICES CODE ENFORCEMENT KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES 411 N. Ruby St., Suite 2, Ellensburg, WA 98926 CDS@CO.KITTITAS.WA.US Office (509) 962-7506 Fax (509) 962-7682 “Building Partnerships – Building Communities” AGENDA STAFF REPORT AGENDA DATE: May 3, 2016 ACTION REQUESTED: Set a Public Hearing to Consider a Proposed Development Agreement to Phase Completion of the Final Palomino Fields Subdivision BACKGROUND: Applicant Pat Deneen of Cle Elum Pines West, LLC & Cle Elum Pines East, LLC has made application to approve a Development Agreement to construct and finalize the Palomino Fields subdivision approved by the Kittitas County Board of County Commissioners on November 18, 2008 for the creation of 120 lots on a 120.8 acre area of land. The proposal does not include any changes or modifications in the approved plat, and only proposes that development occur in phases. Staff requests that the Commissioners set an open public hearing to consider the submitted proposal to May 17, 2016 at 2:00 p.m at the Kittitas County Courthouse Auditorium. More detailed report and submittal of the proposed final plan will be submitted to the Commissioners for their review once the open public hearing is set. INTERACTION: CDS, Prosecuting Attorney, Board of County Commissioners ATTACHMENTS: None at this point STAFF RECOMMENDATION: Set an open hearing of the Proposal of the Development to May 17, 2016, 2:00 p.m. in the County Auditorium HANLDING: Presentation to the Board by Kittitas County Community Development Services. RESPONSIBLE STAFF: Robert “Doc” Hansen, Interim Director `L F DEVELOPMENT AGREEMENT IA`11 22 �:',TTIT r,,Tti This Development Agreement ("Agreement") is made and entered into this day of 2015, by the Cle Elum Pines East LLC & Cle Elum Pines West LLC, Washington Limited Liability Companies, hereafter referred to as "Applicant"; and KITTITAS COUNTY, 411 N. Ruby St, Suite 2, Ellensburg WA 98926, hereafter referred to as the "County." This Agreement is made pursuant to the Revised Code of Washington ("RCW") 36.70B.170 and chapter 15A.11 Kittitas County Code. RECITALS A. Chapter 36.70B RCW (the "Development Agreement Statute"), and Chapter 15A.I I Kittitas County Code ("Code") authorize the County to enter into an agreement regarding development of real property located within the County's jurisdiction with all person having an ownership interest in or control of such real property. B. Applicant owns property located in a Portion of the W 1/2 of Section 27, T18N, R1 8E, WM. W.M. accessed off of Reecer Creek Road (the "Property"). The Property is comprised of Tax Parcel Nos. 18-18-27020-0001, 0002, 0003, 0015, 0016, 0017, and is legally described on Exhibit A, attached hereto. C. Applicant provided Kittitas County a complete application for the Palomino Plat as attached hereto as Exhibit H. D. Kittitas County Community Development Services issued a SEPA Mitigated Determination of Non -significance (MDNS) on September 8, 2008 Attached hereto as Exhibit B. E. Kittitas County Hearing Examiner recommended approval for the Palomino Fields preliminary plat (the Project) located on the property identified in Exhibit A. Said Hearing Examiner recommendations, dated October 21, 2008, are attached hereto as Exhibit C F. Kittitas County Board of County Commissioners (BOCC) passed Resolution 2008-160 on November 18, 2008 approving and adopting the Hearing Examiner's recommendations for approved and granting approval of the Palomino Fields preliminary plat (P-07-31). Said Resolution is attached hereto as Exhibit D. G. This Agreement identifies the Development Standards allowed for in Resolution 2008-160 and as further detailed in the Hearing Examiner Recommendations for the Project as shown in Exhibit C. H. The Hearings Examiner recommendations as adopted by the BOCC, states in Exhibit C, on page 10, III Water and Septic, Item C, that the Group A Water System may be developed to serve this plat in phases. I. The Hearings Examiner recommendations as adopted by the BOCC, states in Exhibit C, on page 10, III Water and Septic, Item D, that the Project will be provided sewage treatment through metered Community Septic Systems. There are options provided for Large Onsite Septic System(s) and reclaimed water facilities included in the Hearings Examiner recommendations. J. Kittitas County, as provided for on Exhibit E attached hereto, has granted a one- year extension of the Palomino Fields preliminary plat (P-07-31). K. The Applicant desires and intends to develop and sell the Property in five phases providing for the full development of the one hundred and twenty (120) parcel residential community, as approved under Resolution 2008-160, pursuant to Kittitas County Code 15A.11 and RCW 36.70B, known as Palomino Fields, including but not limited to the following elements: (i) single family residences; and (ii) open space areas. Attached hereto as Exhibit F is the preliminary plat map of the foregoing development. Additionally, attached hereto as Exhibit G, is the phasing plan for the development of the Palomino Fields preliminary plat (P-07-31). L. This Agreement establishes that the Phasing Plan, attached hereto as Exhibit G, is consistent with the County's comprehensive plan, zoning and development regulations, and is consistent with existing land use approval of the subject site. M. Applicant desires to construct a model home, operate a real estate sales facility, or operate a construction office which will meet the requirements of Washington State Law or Kittitas County Codes, prior to or commencement with the initial stages of the development. Upon completion of the final phase the model home, real estate sale facility/office, or construction offices will be decommissioned or transferred over as a one of the 120 single-family residences. NOW, THEREFORE, in consideration of the recitals (which are incorporated into the Agreement by this reference) and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Applicant agree as follows: AGREEMENT 1. Effective Date and Termination. 1.1 Effective Date. The Effective Date of this Agreement is the last date upon which it was signed by the Parties hereto. 1.2 Term. This Agreement shall be effective for five (5) years consistent with Exhibit G "Phasing Plan"; provided, however, that the term of this Agreement shall be automatically extended for the effective life of any required permit or approval, plus any approved extensions thereof, for the development contemplated herein, so long as a complete application for such permit or approval has been received prior to the expiration date of this Agreement. Upon expiration of such period, or as may be extended above, this Development Agreement shall automatically terminate. Upon the County granting the Final Plat for the last phase of the Project this agreement shall automatically terminate. 1.3 Termination. This Agreement may be terminated, in writing, by mutual agreement of the Parties to this Agreement. 2. Definitions. For purposes of this Agreement, the following terms, phrases, words, and their derivations shall have the meaning given herein where capitalized; words not defined herein shall have their ordinary and common meaning. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and the use of any gender shall be applicable to all genders whenever the sense requires. The words "shall" and "will" are mandatory and the word "may" is permissive. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumber provision. References to laws, ordinances or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances and regulations now in force or hereinafter enacted or amended. 2.1. Agreement. "Agreement" means this Development Agreement between Kittitas County, Washington and Cle Elum Pines East LLC & Cle Elum Pines West LLC, approved by the Board of County Commissioners. 2.2. Applicant. "Applicant" means Cle Elum Pines East LLC & Cle Elum Pines West LLC, a Washington Corporation, or any of its transferees, successors or assigns. 2.3. County. "County" means Kittitas County, Washington. 2.4 Effective Date. "Effective Date" means set forth in Section 1.1 of this Agreement. 2.5 Open Space. "Open Space" means any land that is retained in a natural condition, or that is improved for outdoor recreational uses outside of residential node areas (including but not limited to associated infrastructure such as transmission lines, pumping facilities, and community septic facilities). 2.6 Parties. "Parties" means Kittitas County, Washington and Applicant, Cle Elum Pines East and Cle Elum Pine West, LLCs, a limited liability company (ies). 2.7 Project. "Project" means the Palomino Fields preliminary Plat as approved by the County through Resolution 2008-160 being a one hundred and twenty (120) unit residential community on the Property, including but not limited to: (i) single family units and (ii) open space areas. 2.8 Property. "Property" means the site legally described in Exhibit A, attached hereto. 2.9 Utilities. "Utilities" includes, but is not limited to: all (i) storm water and drainage systems, infrastructure and facilities; (ii) community septic systems, infrastructure and facilities as approved by Kittitas County; (iii) dry utilities including power infrastructure and facilities, telecommunication systems, infrastructure and facilities; (iv) Group A domestic water systems; and (v) irrigation infrastructure and facilities. 3. Project Elements. 3.1. Permitted Uses; Any permitted use as allowed by the Kittitas County Zoning Code as the date vested by the applications and as permitted by Resolution 2008- 160 as adopted by Kittitas County Board of County Commissioners on November 18, 2008 and attached hereto as Exhibit D. 3.2. Residential Densities; The Residential Densities for the Palomino Fields plat have been established by Kittitas County through the adoption of Resolution 2008- 160 as adopted by Kittitas County Board of County Commissioners on November 18, 2008 and attached hereto as Exhibit D. The preliminary plat map, attached hereto as Exhibit F, shows the Residential Densities established for the Palomino Fields plat by said resolution. Barns, outbuildings, garages, shops and the like are allowed within the Palomino Fields Plat. 3.3. Nonresidential Densities and Intensities; The Non -Residential Densities and Intensities for the Palomino Fields plat have been established by Kittitas County through the adoption of Resolution 2008-160 as adopted by Kittitas County Board of County Commissioners on November 18, 2008 and attached hereto as Exhibit D. The preliminary plat map, attached hereto as Exhibit F, shows the Non -Residential Densities and Intensities established for the Palomino Fields plat by said resolution. Barns, outbuildings, garages, shops and the like are allowed within the Palomino Fields Plat. 3.4. Building Sizes; Individual residential buildings shall not exceed 6,500 square feet. Barns, outbuildings, garages, shops and the like are allowed within the Palomino Fields Plat. 4. Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW; The Palomino Fields plat shall meet the mitigation requirements as provided for in the SEPA Mitigated Determination of Non -significance (MDNS) issued on September 8, 2008 by Kittitas County and attached hereto as Exhibit B and those requirements for the Palomino Fields plat as proved for in Kittitas County Resolution 2008-160 as adopted by Kittitas County Board of County Commissioners on November 18, 2008 and attached hereto as Exhibit D. 5. Design Standards. 5.1. Drainage and Water quality requirements; The owner of each parcel shall be responsible to meet Eastern Washington Storm Water guidelines requirements as established for the Palomino Fields plat as it pertains to that individual parcel. Road drainage shall meet the Eastern Washington Storm Water guidelines. 5.2. Landscaping; The areas not containing residential structures and driveways may be landscaped with grasses, trees and other plants that do not require irrigation water that would exceed the irrigation allotment for the individual parcel. 5.3. Other Development Features; There may be an entry monument placed at the entry to the Palomino Fields plat. Other development features may be developed within the plat that is homogenous with residential development. 6. Road and sidewalk standards; Bowers Road shall be a public road that is extended into the plat. The Bowers Road extension shall meet Kittitas County Public Road Standards with said extension design being approved by Kittitas County. Internal roads may be developed as public or private roads as allowed by the Kittitas County Road Standards. All internal roads shall be designed and constructed to Kittitas County Road Standards. Sidewalks are not required within the Palomino Fields plat and will not be constructed. 7. Affordable housing; Affordable housing is not required nor will it be provided with in the Palomino Fields plat. 8. Infrastructure requirements; 8.1. Domestic Water. Group A water systems, as defined by the WAC 246- 294-010, include systems having 15 or more connections. Phase 1 of the Palomino Fields Plat, shall be served by a Group A water system per the statutory requirements and as approved by the Washington State Department of Health. The water system will be constructed in phases commensurate with the phased development as shown on Exhibit G attached hereto. 8.2. Irrigation Water. The first 8 lots of Phase 1, shall be provided irrigation water by Cascade Irrigation District. All other phases shall be provided irrigation by the Ellensburg Water Company. The irrigation distribution system shall be owned privately and the design, maintenance and operation of said irrigation distribution system shall be approved by the district or company providing the irrigation water or, if the district does not have an approval process, designed by an engineer licensed in the State of Washington. The irrigation system will be constructed in phases commensurate with the phased development as shown on Exhibit G attached hereto. 8.3. Sewage Disposal. Sewage disposal shall be by Community Septic Systems, which may serve two to seven parcels as, designed by a licensed designer and approved by Kittitas County. The Community Septic Systems will be constructed in phases commensurate with the phased development as shown on Exhibit G attached hereto. The Community Septic Systems will not be required to be developed prior to final platting of each or any phase but may be constructed simultaneously with buildings as permitted by the Kittitas County building department. Prior to receiving Occupancy Permit for any building constructed the community septic system shall be completed. 8.4. Storm drainage. The owner of each parcel shall be responsible to meet the Eastern Washington Storm Water guidelines requirements as established for the Palomino Fields plat as it pertains to that individual parcel. Road drainage shall meet the Eastern Washington Storm Water guidelines. Applicant shall development the Palomino Fields plat in accordance with a storm water permit as issued by the Washington State Department of Ecology. Fire Protection. Sprinklers located in each residence will provide fire Protection. Neither system wide storage tanks nor fire hydrants are required for the Project. 8.5. Other Infrastructure Requirements. Utilities including but not limited to dry utilities such as power, phone and internet shall be provided to the property line of each parcel. 9. Parks and open space preservation. The Parks and open space preservation for the Palomino Fields plat have been established by Kittitas County through the adoption of Resolution 2008-160 as adopted by Kittitas County Board of County Commissioners on November 18, 2008 and attached hereto as Exhibit D. 10. Phasing. The project will be constructed and receive final plat approval in individual Phases. The description of the Phasing plan is provided in Exhibit G. 11. Development review processes, procedures and standards for implementing decisions, including methods of reimbursement to the county for review processes; 11.1. Standards For Implementing Decisions. Kittitas County shall base its decisions on the Kittitas County Code and implement said decisions on Ordinance as further defined and modified by this document. 11.2. Plat Application. The County has processed a plat application, and approved the Palomino Fields Plat pursuant to Resolution 2008-160. 11.3. Permit Applications. The County has reviewed, process and issued a decision on the Project development permit applications including preliminary plat, and SEPA review. 11.4. Engineering. The county will review and approve engineering designs of Road(s) and other eliminates with in the county right of way on roads to be taken on to the county public road system pursuant to the Kittitas County Code. Private roads will be constructed to the Kittitas County Private Road Standards. 11.5. The County will review and issue a grading permit pursuant to the Kittitas County Code. 11.6. Reimbursement To The County For Review Processes. Applicant will pay, pursuant to the fee structure adopted by Kittitas County, any other fees required to achieve final plat approval for each phase of the plat. 11.7. State Environmental Policy Act Review. This Development Agreement will use existing environmental documents that were completed through the Palomino Fields Plat approval process where the County issued a mitigated threshold decision pursuant to chapter 43.21 C RC W. 11.8. Kittitas County will adopt the existing environmental documents and SEPA decision pursuant to Kittitas County Code 15.04 and WAC 197-11-600. 11.9. Access. Access will be established from Reecer Creek Road along the North boundary line of the property by means of a new County right-of-way established from Reecer Creek Road in alignment with the existing Bowers Road. 11.10. Legal Structure of Project. At the conclusion of the development of the Palomino Fields community a Homeowner Association will be created to govern residential areas, community facilities, storm water facilities, and road improvements within residential nodes, and open space. The Group A water system shall be owned, operated and maintained by a entity established, owned and operated by a designate of the Applicant. Said designate shall establish operation procedures and rates as may approved by the Washington State authorities having jurisdiction if and when required by state law. 11.11. Design Review. Design Review shall be provided for under a Declaration of Covenants, Conditions and Restrictions ("CC&Rs"). Design Review shall be determined by Applicant and shall be consistent with applicable Kittitas County Code. The Design Review provisions shall include standards for home design, materials, methods and construction, including but not limited to siting for wind and solar considerations, siting for view considerations, setbacks and height restriction. After the expiration of this Agreement, the Homeowner Association, if established, may have the right to adopt further Design Review restrictions as may be permitted consistent with the CC&Rs, Bylaws and Articles of Incorporation. 12. A Build -out or Vesting Period for Applicable Development Standards. The Applicant may construct one or more Phase(s) of the project per building season. The Project is anticipated to be completed within 5 years as described in Exhibit G. 13. Process for amending the development agreement. This agreement may be amended by mutual consent of all of the parties to this agreement. 14. Any Other Appropriate Development Requirement(s) or Procedure. Developer may further improve the property within Development Requirement(s) or Procedure the Developer establishes that are homogenous with residential development. 15. Applicant, or a designate of the Applicant, may construct a model home, real estate sales facility, or a temporary construction office to be operating for construction or real estate office purposes prior to or commencement with the initial stages of the development. Said facility (ies) shall be required to be operated under the laws of the state of Washington as a Real Estate Branch office and be licensed as same, or by Kittitas County Codes. Upon completion of the final phase or selling of the last lot the model home, real estate sale facility, or construction offices will be decommissioned or transferred over as a one the 120 single-family residences. 16. Miscellaneous and General Provisions. 16. 1. Governing Law. This Agreement shall be governed by the laws of the State of Washington and the Kittitas County Codes as vested by the Palomino Fields application. Each party represents it has the respective power and authority and is duly authorized to sign and perform its obligations under this Agreement. The parties intend this Agreement to be interpreted to the full extent authorized by law as an exercise of the County's authority to enter into development agreements. Neither this Agreement nor any provision hereof may be waived, modified, amended or terminated except by a written agreement of the parties hereto. 16.2. Successors. This Agreement and the rights set forth herein run with the land and shall be binding upon and inure to the benefit of the County and the successor owners and assigns of the Development Site. 16.3. Enforcement. Any party to this Agreement may enforce the terms of this Agreement. No party shall be in default under this Agreement unless it has failed to perform for a period of twenty-one (21) days after written notice of default from the other party. (In some instances the performance period may be extended to allow a reasonable time period to cure the default.) Any notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily. All parties to this agreement shall have all rights and remedies provided by law. 16.4. Notices. All notices or other communications under this Agreement shall be delivered to the addresses after each signature. Notices shall be in writing and either; (i) delivered personally, (ii) sent by facsimile transmission with an additional copy mailed first class, (iii) deposited in the U.S. Mail with certified mail postage prepaid and return receipt requested, or (iv) delivered by nationally recognized overnight delivery service with signature required. Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mail, notice shall be deemed delivered seventy-two (72) hours after deposit. If sent by overnight delivery, notice shall be deemed delivered forty-eight (48) hours after deposit. 16.5. Counterparts and Recording. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Pursuant to RCW 36.70B.190, this Agreement or memorandum thereof shall be recorded with the Kittitas County Auditor and during the term of this Agreement shall be binding on the parties, their successors and assigns. IN WITNESS THEREOF, this Agreement is effective on the date of the last signature below. KITTITAS COUNTY Name: County Commissioner Dated: Approved as to form: By Name County Prosecuting Attorney Dated: CLE ELUM PINES EAST LLC & CLE ELUM PINES WEST LLC By Its: Dated: STATE OF WASHINGTON ) ss. COUNTY OF KITTITAS ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it as the of Cle Elum Pines East LLC & Cle Elum Pines West LLC to be his/her free and voluntary act for the purposes mentioned in the instrument. (Print Name) Notary Public, Residing at My appointment expires - Phase 4 Phase 4 lots include 18-29 & 31-42 P -07 -XX 21 NIJL & WASHER AT 1714.99 , ( N OC 22/27 2 1 27 15010' 15037 -_- 154.311 1160.97' 150.03'---ISB00' 209,31' - _ - _�If �S- o "-- • '� g��B sp.a ® PLAT 4 :� W W I I 29 583 IB 5994918 EE 881.25 80'R -0-W D011E&4 ROAD PALOMINO �'�L,.®� • b5. h a $ JJ.o2s s< P1 8 vs 4s' zo791 20z9r t 20191 Tg YI67iP911 m ¢ _ m e of ss - DTT P.}PTH. W1/2 OF SECTION 27, L18N., RISE, W.M. $ " " $ " 8 ry n �� 1 30.620 Y 7 u B m _YP) N90170'001E m' `>• $ 36,055 Y $ 36.355 Y u 59 as' 1sO373OOS'AACT 0 163.86" N90T10'001E $"'250.00' SB949YeY 3J6.355 Y Y KITTITAS COUNTY, STATE OF WASHINGTON 9!5,„ N89Z 55 W o 62719• 6JA 16f Y^"� JJ,760 Y 65 1_^ 20].91' 207.91' 207.91'71'200.37' 195. JO' ?> n !8.100 Y 267' 130.01' W--33'R.y0`��6.-6162 ®c�y ® /�yp0$srSr$74 SF ik $ `L ia. b 7.JJ-�, N90OO'00'E 40.067 Y $ 10.112 Y 4R/8J Y Y 9a7,9l! '`A B25.0!' . .r N�A' G' 251.79' `�96.217.93' 217.9Y0• i 225.07' �+J3.264 Y "'y'N: JJ.559 sr 68 y 2955•W i !6 41.05.• SOi'J7'151W -;I; n J8.04 Y N8944551W 87(.70 495• 3 224.-8• X17.414 SF ' ISD 00' 16J...'� 023.38• N90O0'CO•E o --_-i X11 _•°i ^ 35 '`3h N90DO C0 E i S3 n $ $ 259.55' 709 Y n 03,105 S >>�JOY 38 52.199 Sr :_ 67 - $ - cy 47.764 s �e : , N,Om'oo'_ 8 12.940 Y . 1.07' 1!9.41' �v 17.207 .ryj J M1 ,{•� 44083' 2 $ 5792 45 u TOWN D71L'71 - 1k 49'53"W 040. JS' ?j Jam. S q0 •V'• 52 a p67.30 CpJT'6RIp78 0 0 kl ."o \is9r zbz2 4sn 64�ga 2p°bJp� .4.497 Y eq2 ¢.� 610 -I P- 140 Y sP J9 ,,++ _ 42.95 9 ry .6•i�. b y y1.1•p90 '59311W k g9y .344 K 41.04934 Y Gr qh .• J .6JJ Y 1!6 1g6! �. �.. Phase 1 N 266.78' pp�p rya ,9]¢ 234..1w SUc--' 0' 50s✓• k' 43.0505'' E c� C7 41 $ 45.749 Y / $ t; ? 1g90} G j U3 2� 75,172 S r 4 o N `bi'U� M1h , 1000 Y M1j4' `�� lib 1�' o `% I CJ7 ; i 02 $ 36,80 Y, 52 K �� 4;" 5P.0.°74 VOOO'00•E 416.69 45.504 ` f ` 45.504 5F M1abO .,ap '� f �•y ti N h61Oq g2 `b L � a 43 ry ��$`Tl. yh q 0 Jam° 13. iia 59.004 5F 2530 ^ ✓p, t , 43.3H2 Y a 71 Phase 1 lots include --I C7)18.ISS8 •>>] Sn 43.079 Y �g D , 357,\- 37,SY JJ52-84, 90, 91, 100, J M1j'7� 101, 113 & 114 1760' Z �,� S°i. F , O SJ h�1g '� �i76'1t•2G 6 q N 17 ,��p� 95.. �� \ 42.995 O E .-^i �, ♦ aT °a7♦p,% `G•,G 691 Y� _ Sg�IL 39 TRACT C '! h P� U• �. ?PJ 7J ?6.777 M1b .78° SF �Jm. 106 $5� GRAPHIC SCALE w s•,� � � � 4 �5' U 03.717 Y . 4' tQ' ? ij q 1h 73 . n, V 6 •U. , qr• 41180 Y and Im mn • is i1fOR o 'tqh § S �b t,'0';p "� q sJ7o J.> ry s �q' � cP iia. lg , `S oT pr.Ts♦ 4s as, ,a'p M1y as 7° 0b�4,F ,'o\ eb v 610° 11 I 7QMz. TAW $ `q 1,\,yb ah �7) tP •^ 8 J?9.07 1 7 �•��T2�g74 (/N /Bd7J ,� s QL tncA -zoo 7x 7 a ,,•� �. m b / ✓?wry ��✓ B . \\ JZB22 Sr 214� .04Sr. 0 P 7 ? �i `6. h'r 1b e9 J, 7O :�' ✓°.`bti �- a ,�,�o v RECORDER'S CERTIFICATE ................................ 'Y•`,rs'iP• 5 M1 TRA M1 h , 0 J?970 4, '7d 70 ICT 44. 1 `F• :r JJ.492 SF E'6 46.o3JK,4 7� n\ �,p, •M1�. •mss M1h j�' '� ✓ a `>�q '5.'q`° o odaT - Filed for record thls.........day of ............ 20.......1........5.1 h 6 \ 'PJ•�' ° 8J '� �q J� 7 1 , 4• v �\ m- 1061 a+ v In book..... of......................at page the request of P 9 9 y^`^,�wq�\�`ry J��rO �A`'� '•? �, & 2> os `Q` �p °b�tta�':ry+�� Is.es2Y 01 Suresyx •e Name.. J'�f ci 'L,M1 1 N ,i? 7 \�`l' / O .Lyl `•9� J J✓�yJ r' , bb.l' '� T_� ,� o. �o. ,161 - JSS . �O�✓�s`. '� Z\' Counl Auditor p •• i�sk1 DePuty CountY AudtorPhase 5 Phase 5 lots include ''cr?' ` q 0°� ry �/ \ J??S°8 j ,�{r z, FoY a 1� 8' '.p SURVEYOR'S CERTIFICATE 14-17 & 43 -44 ♦ J; 4 h^tiq M1M1o` a? ? & t J?:s�7 -�� This ma correctly represents o survey made b mss.M1 o J R 7 •�' yM1 7q °J fig, P Y aP Y Y (QCT r' �n M1'4'r �f 1j v> \ < i "J•1 +b+`h�� q H �s \ 90')J1ep•F ` qe ,Y°� Fer• 1i > • .. , ��\ o �-1- C a e ey�estmo�e9�4Et usvriN%me or under my direction � EAes°rrdln�y ?..Act t• gy a° o° /,,'y ss{ 9s \ . ; ti• �� .. in...AtAY......20R7.. i Phase 3 s M1 a Sr / '6s j°. DAVID P. NELSON DATE 1h 4,6, •�9.• ,.. 1 ' L.' � i CertlUcate No....S$Qi3.�....... Phase 3 lots include"' �° "lh `, ��^ ^�� 8 \Pss• h^ �� i:. 574016 , gl 12 & 13, 45-51 & 115 -120 5 '�,J, �� \ / = Encompass 7ro 1�1�ti V t ENGINEERING & SURVEYINGOOP CL IEAST 2ND STREET �. KJJ .3+ s• CLE ELUM. WA 98922 • • ` PHONE: (509) 4.74 FAX: (509) 674 -7419/r ->^U~ % -i --_ - N90'00'0 •W"459.98' �9: •� `• Phase 2 ��A PALOMINO FIELDS PLAT Phase 1 - Red ! ' 38_19_27O6B_D003 z�=m Phase 2 lots includej hOV DACA DEVELOPMENT LLC �� V PTN. WI/2 OF SECTION 27, L78N., RARE., W.M. \„!' q 22108 9TH SC Phase 2 - Blue 1-11, 102-112, i� BOiHELL INA 98021 �Rmm KITTITAS COUNTY STATE OF WASHINGTON 92-99 & 85-89 \` I "7g5.4 'gym n DWN BY DATE JOB NO. Phase 3 - Yellow �\ { 18-18-27068-0002 G.W./S.T. 01/08 07094 Phase 4 - Green OREAIROUYD-UP LOKNANrCHURMA Ie PO 901 879 '^ `O CHKD BY SCALE SHEET LENSBURL WA 9892fi �= q D. NELSON 1"=200' 2 of 3 DEDICATION KNOW ALL MEN BY THESE PRESENT That we, the undersigned people with Interest In the herein described property, do hereby declare subdivide and plat as herein described, and dedicate to the use of the public forever all roads, streets, avenues, places or whatever public property shown hereon. IN WITNESS WHEREOF, We have set our hands and seals. CLE ELUM PINES EAST, LLC, A WASHINGTON LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT STATE OF WASHINGTON ) COUNTY OF ) na. On thisday of 200— before me, the undersigned, a Notary Public In and for the Slate of Washington, duly commlaeloned and swom, personally app -,.d to me known to be the President and Gvatary, respectively, of the corpwatlon that executed the foregoing Instrument, and acknowledged the sold Instrument to be the free and voluntary act and deed of sold corporation, for the uses and purposes thereln ,entlonod, and on oath stated that authorized to execute the Ad Instrument and that the gaol affixed (If any) Is the corporate Beal of ,old corporation. Witness my hand and official seal hereto affixed the day and year Mt above written. Notary Public In and for the Stale of Waehington, reslding at My appointment expires DEDICATION KNOW ALL MEN BY THESE PRESENT That we, the undersigned people with interest in the herein described property, do hereby declare subdivide and plat os herein described, and dedicate to the use of the public forever all roads, streets, avenues, places or whatever public property shown hereon. IN WITNESS WHEREOF, We have set our hands and seals. CLE ELUM PINES WEST, LLC, A WASHINGTON LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT STATE OF WASHINGTON ) COUNTY OF On this day of 2D0— before me, the undersigned, a Notary Public In and far the Stale of Washington, duly commissioned and ewom, personally appeared to me known to be the Preeidenl and Secretary, reapectively, of the corporation that executed the foregoing instrument, and acknowledged the said Instrument to be the free and voluntary act and deed of sold corporatlon, far the uses and purposes therein mentioned, and on oath stated that authorized to execute the said Inetrumant and that the seal affixed (If any) Is the corporate seal of aald corporation. Wines. my hand and official seal hereto affixed the day and year first above written. Notary Public In and for the State of Washington. residing at My appal.tm.t expires kil h-1 PALOMINO FIELDS PLAT PTN. W112 OF SECTION 27, T.18N., RASE., W.M. KITTITAS COUNTY, STATE OF WASHINGTON THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER LYING EAST OF THE CENTER UNE OF THE CHANNEL OF REECER CREEK, AS LOCATED IN OCTOBER 3 1967, IN SECTION 27, TOWNSHIP 18 NORTH, RANGE 18 EAST, W.M., IN THE COUNTY OF KITTITAS, STATE Or WASHINGTON; AND THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, IN TOWNSHIP 18 NORTH, RANGE 18 EAST, W.M., IN THE COUNTY OF KITTITAS, STATE Or WASHINGTON; EXCEPTING THEREFROM: A TRACT OF LAND BOUNDED BY A LINE DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 27; AND RUNNING THENCE SOUTH 15' WEST, 1,321.5 FEET, THENCE NORTH 8935' WEST, 500 FEET THENCE NORTH 2747' WEST, 838 FEET' THENCE NORTH 22' WEST. 879 FEET; THENCE NORTH 5950' EAST, 79.8 FEET. • THENCE EAST 85.176 FEET,• THENCE SOUTH 334.09 FEET 70 THE PONT OF COMMENCEMENT. THE RIGHT OF WAY OF THE CANAL OF THE ELLENSBURG WATER COMPANY (TOWN DITCH). PARCEL 2 THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 18 NORTH. RANGE 18 EAST, W.M.. IN THE COUNTY OF KITTITAS, STATE OF WASHINGTON; EXCEPT THAT PORTION LUNG EAST OF THE CENTER LINE OF THE CHANNEL O' REECER CREEK AS LOCATED ON OCTOBER 3, 1967. AND ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 18 NORTH, RANGE 18 EAST, W.M., IN THE COUNTY OF KITTITAS, STATE OF WASHINGTON, LYING NORTH AND WEST OF THE CENTER UNE OF THE CHANNEL OF REECER CREEK AS LOCATED ON OCTOBER J.1967. AND NORTH AND EAST OF THE NORTHEASTERLY BOUNDARY LINE OF THE RIGHT OF WAY OF THE CHICAGO MILWAUKEE ST. PAUL AND PACIFIC RAILROAD COMPANY. PARCELS F. G H AND K OF THAT CERTAIN SURVEY AS RECORDED FEBRUARY 20. 1997, IN BOOK 22 OF SURVEYS, PAGES 174 AND 175, UNDER AUDITOR'S FILE NO. 19 9 70220 0014, RECORDS OF KITTITAS COUNTY, WASHINGTON; EXCEPTING ANY PORTION OF SAID PARCELS F AND G LYING WITHIN THE COWBOY SHORT PLAT, KIT17TAS COUNTY SHORT PUT NO. 04-04• AS RECORDED OCTOBER 4, 2004. IN BOOK G OF SHORT PUTS, PAGES 202 AND 203, UNDER AUDITOR'S FILE NO. 200410040031, RECORDS OF KITTITAS COUNTY, STATE OF WASHINGTON. TRACT 1, THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 18 NORTH. RANGE 18 EAST, W.M., COUNTY OF KITTITAS, STATE OF WASHINGTON, DESCRIBED AS FOLLOWS: A TRACT OF LAND BOUNDED BY A LINE BEGINNING AT THE NORTHEAST CORNER OF SAID QUARTER OF QUARTER SECTION AND RUNNING THENCE SOUTH 075' WEST ALONG THE EAST BOUNDARY LINE OF SAID QUARTER OF QUARTER SECTION 377.5 FEET' THENCE REST 904.7 FEET,• THENCE NORTH 2102' WEST 377.5 FEET TO THE NORTH BOUNDARY LINE OF SAID SECTION; AND THENCE SOUTH 6939' EAST ALONG SAID NORTH BOUNDARY LINE 917.0 FEET TO THE PONT OF BEGINNING THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 18 NORTH, RANGE 1B EAST, W.M., COUNTY OF KITRTA$ STATE OF WASHINGTON, DESCRIBED AS FOLLOWS A TRACT OF LAND BOUNDED BY A LINE BEGINNING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH 0075'00- WEST ALONG THE EAST BOUNDARY LINE OF SAID QUARTER OF QUARTER SECTION A DISTANCE OF 377.50 FEET TO THE TRUE PONT OF BEGINNING; THENCE SOUTH 0075'00' WEST ALONG THE EAST BOUNDARY LINE OF SAID QUARTER OF QUARTER SECTION A DISTANCE OF 34.40 FEET; THENCE NORTH 8924'55' WEST A DISTANCE OF 90364 FEET; THENCE NORTH 0271'00' WEST A DISTANCE OF 25.19 FEET. THENCE SOUTH 90-00'00' EAST A DISTANCE OF 904.70 FEET TO THE TRUE PONT OF BEGINNING EXCEPTING THEREFROM THE RIGHT-OF-WAY FOR THE COUNTY ROAD KNOWN AS REECER CREEK ROAD, AND EXCEPTING THEREFROM THE RIGHT-OF-WAY OF THE ELLENSBURG WATER COMPANY CANAL NOTE: THE EXISTWG UTILITIES AS SHOWN ARE ONLY APPROXIMATE AND ARE BASED ON THE BEST AVAILABLE INFORMATION. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO VERIFY THE SIZE TYPE, LOCATION, AND DEPTH OF ALL EXISTING UTUTIES PRIOR TO STARTING CONSTRUCTION, AND INFORM THE DESIGN ENGINEER OF ANY DISCREPANCIES. Call Before You Dig 1-800-553-4344 RECEIVING NUM 1. DIIS'SURWFY WAS PERFORMED'USING iA NIKON D7M-521 TOTAL STATION. THE CONTROLLING MONUMENTS-AND-PROPLUX-COg(NERS SHOWN HEREON WERE LOCATED. STAKED AND CHECKED FROM A CLOSED FIELD TRAVERSE ItT-VOESS OF 1:10,000 LINEAR CLOSURE AFTER AZIMUTH ADJUSTMENT 2. A PUBLIC UTILITY EASEMENT 10 FEET IN WIDTH IS RESERVED ALONG ALL LOT LINES. THE 10 FOOT EASEMENT SHALL ABUT THE EXTERIOR PUT BOUNDARY AND SHALL BE DIVIDED 5 FEET ON EACH SIDE OF INTERIOR LOT LINES 3 PER RCW 17. 10.140 LANDOWNERS ARE RESPONSIBLE FOR CONTROLLING AND PREVENTING THE SPREAD OF NOXIOUS WEEDS ACCORDINGLY, THE IOTTTAS COUNTY NOXIOUS WEED BOARD RECOMMENDS IMMEDIATE RESEEDING OF AREAS DISTURBED BY DEVELOPMENT TO PRECLUDE THE PROLIFERATION OF NOXIOUS WEEDS. 4. ANY FURTHER SUBDIVISION OR LOTS TO BE SERVED BY PROPOSED ACCESS MAY RESULT IN FURTHER ACCESS REQUIREMENTS, SEE KITTITAS COUNTY ROAD STANDARDS. 5. AN APPROVED ACCESS PERMIT WILL BE REQUIRED FROM THE DEPARTMENT OF PUBLIC WORKS PRIOR TO CREATING ANY NEW DRIVEWAY ACCESS OR PERFORATING WORK WITHIN THE COUNTY ROAD RIGHT-OF-WAY. e. THIS SURVEY DOES NOT PURPORT TO SHOW ALL EASEMENTS OF RECORD OR OTHERWISE Z MAINTENANCE OF THE ACCESS IS THE RESPONSIBILITY OF THOSE WHO BENEFIT FROM ITS USE S. PURSUANT TO ROW 90.44.050, THE CUMULATIVE EFFECT OF WATER WITHDRAWALS FOR THIS DEVELOPMENT SHALL NOT EXCEED 5,000 GALLONS PER DAY. RECORDER'S CERTIFICATE ................................ Filed for record this......... day of ............ 20......at........M Inbook..... of......................at page ............ at the request of ,,,,,,.,,,,,DAVID P. NELSON ................ Surveyor's Na.me..„,,,,,,,,,,, ................................................................................. County Auditor Deputy County Auditor SURVEYOR'S CERTIFICATE This map correctly represents a survey mode by me or under my direction in conformance with the requirements of the Survey Recording Act at the request of..%E.9.VM.P.IHIS.F,ASTJhP........................ 1 n ... MAY...... 20 RT.. . .. ........................ DAVID P. NELSON...DATE. Certificate No.....109.2....... Encompass`� ENGINEERING 8 SURVEYING 108 EAST 2ND STREET CLE ELUM, WA 98922 PHONE: (509) 674-7433 rf FAX: (509) 674-7419 I WAS,rg o PALOMINO FIELDS PLAT PTN. WI/2 OF SECTION 27, T.18N., R.18E., W.M. Y KITTITAS COUNTY, STATE OF WASHINGTON st LS te092 tie OWN BY DATE JOB N0. �r GW ST 06/08 07094 DgaREs T Doe CHKD BY SCALE SHEET D. NELSON 1”=200' 3 OF 3 P-08—XX 1. DIIS'SURWFY WAS PERFORMED'USING iA NIKON D7M-521 TOTAL STATION. THE CONTROLLING MONUMENTS-AND-PROPLUX-COg(NERS SHOWN HEREON WERE LOCATED. STAKED AND CHECKED FROM A CLOSED FIELD TRAVERSE ItT-VOESS OF 1:10,000 LINEAR CLOSURE AFTER AZIMUTH ADJUSTMENT 2. A PUBLIC UTILITY EASEMENT 10 FEET IN WIDTH IS RESERVED ALONG ALL LOT LINES. THE 10 FOOT EASEMENT SHALL ABUT THE EXTERIOR PUT BOUNDARY AND SHALL BE DIVIDED 5 FEET ON EACH SIDE OF INTERIOR LOT LINES 3 PER RCW 17. 10.140 LANDOWNERS ARE RESPONSIBLE FOR CONTROLLING AND PREVENTING THE SPREAD OF NOXIOUS WEEDS ACCORDINGLY, THE IOTTTAS COUNTY NOXIOUS WEED BOARD RECOMMENDS IMMEDIATE RESEEDING OF AREAS DISTURBED BY DEVELOPMENT TO PRECLUDE THE PROLIFERATION OF NOXIOUS WEEDS. 4. ANY FURTHER SUBDIVISION OR LOTS TO BE SERVED BY PROPOSED ACCESS MAY RESULT IN FURTHER ACCESS REQUIREMENTS, SEE KITTITAS COUNTY ROAD STANDARDS. 5. AN APPROVED ACCESS PERMIT WILL BE REQUIRED FROM THE DEPARTMENT OF PUBLIC WORKS PRIOR TO CREATING ANY NEW DRIVEWAY ACCESS OR PERFORATING WORK WITHIN THE COUNTY ROAD RIGHT-OF-WAY. e. THIS SURVEY DOES NOT PURPORT TO SHOW ALL EASEMENTS OF RECORD OR OTHERWISE Z MAINTENANCE OF THE ACCESS IS THE RESPONSIBILITY OF THOSE WHO BENEFIT FROM ITS USE S. PURSUANT TO ROW 90.44.050, THE CUMULATIVE EFFECT OF WATER WITHDRAWALS FOR THIS DEVELOPMENT SHALL NOT EXCEED 5,000 GALLONS PER DAY. RECORDER'S CERTIFICATE ................................ Filed for record this......... day of ............ 20......at........M Inbook..... of......................at page ............ at the request of ,,,,,,.,,,,,DAVID P. NELSON ................ Surveyor's Na.me..„,,,,,,,,,,, ................................................................................. County Auditor Deputy County Auditor SURVEYOR'S CERTIFICATE This map correctly represents a survey mode by me or under my direction in conformance with the requirements of the Survey Recording Act at the request of..%E.9.VM.P.IHIS.F,ASTJhP........................ 1 n ... MAY...... 20 RT.. . .. ........................ DAVID P. NELSON...DATE. Certificate No.....109.2....... Encompass`� ENGINEERING 8 SURVEYING 108 EAST 2ND STREET CLE ELUM, WA 98922 PHONE: (509) 674-7433 rf FAX: (509) 674-7419 I WAS,rg o PALOMINO FIELDS PLAT PTN. WI/2 OF SECTION 27, T.18N., R.18E., W.M. Y KITTITAS COUNTY, STATE OF WASHINGTON st LS te092 tie OWN BY DATE JOB N0. �r GW ST 06/08 07094 DgaREs T Doe CHKD BY SCALE SHEET D. NELSON 1”=200' 3 OF 3 EAk,6-1 �_ 8 KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES 411 N. Ruby St., Suite 2, Ellensburg, WA 98926 CDS@CO.KiTrrrAS. W A.US Office (509) 962-7506 Fax(509)962-7682 errrmAs oovrrlr o: WA ept. of Ecology - a WA Dept. of Ecology - SEPA Registry WA Department of Natural Resources WA Department of Fish and Wildlife WA State Department of Transportation Yakama Nation City of Ellensburg Ellensburg School District Kittitas County Board of County Commissioners Kittitas County Sheriffs Dept. Kittitas County Life Safety Kittitas Valley Fire and Rescue Kittitas County Environmental Health Kittitas County Solid Waste Programs Kittitas County Public Works `aLibrary � Adjacent Property Owners 0 1 Applicant 1h�i I ;, PP 7`11 �,-,, From: Scott Turnbull, Staff Planner Kittitas County Community Development Services Date: September 8, 2008 Subject: SEPA NOTICE OF ACTION -SCHEDULE OF PUBLIC HEARING: Palomino Fields Preliminary Plat (P07-31) Application from Terra Design Group Inc., authorized agent for Cle Elum Pines West, Cle Elum Pines East and Michael Cordner, landowners. for a 120 -lot plat on 120.80 acres of land that is zoned Urban Residential (Suburban), located north of Dry Creek Road and west of Reecer Creek Road comprising a portion of the W 1/2 of Section 27, T. 18N., R 18E., W.M. in Kittitas County. Tax parcel number(s) # 18- 18-27020-0002, 0003, 0015, 0016, 0017, 0001. A copy of the submitted environmental checklist and related application materials for this proposal were previously mailed to you for review on June 29, 2007. The project was renoticed on January 28, 2008 and July 10, 2008 for an additional comment period. If you did not receive any of these documents; or require additional information, please contact our office. Enclosed please find a Notice of Action and Mitigated Determination of Non -Significance (MDNS) for the referenced proposal. Any action to set aside, enjoin, review, or otherwise challenge such administrative SEPA action on the grounds of noncompliance with the provisions of chapter 43.21RCW shall be commenced on or before September 19, 2008 at 5:00 p.m. to the Kittitas County Board of Commissioners, Rm. 108, County Courthouse, Ellensburg, WA. 98926. An open record hearing is scheduled before the Kittitas County Hearings Examiner on October 9th. 2008 at 6:00 p.m. in the Commissioner's Auditorium, Kittitas County. Courthouse. Interested persons are encouraged to verify by contacting CDS prior to attending. If you have any questions please do not hesitate to contact us. Please retain all enclosed materials. ®®396 DARRYL PIERCY, DutEcToR ALLISON KIMBALL, ASSISTANT DIRECTOR COMMUNITY PLANNING ° BUILDING INSPECTION • PLANS LAMINATION • ADMINISTRATION - PERMIT SERVICES • INVESTIGATION • ENFORCEMENT "� KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES 411 N. Ruby St, Suite 2, Ellensburg, WA 98926 CDS@CO.KITTITAS. W A.US Office (509) 962-7506 4!!larnus Fax (509) 962-7682 SEPA MITIGATED DETERMINATION OF NONSIGNIFICANCE Project: Palomino Fields Preliminary Plat (P-07-31) Description: A 120 lot preliminary plat on approximately 120.08 acres of land zoned Urban Residential (Suburban). Proponent: Terra Design Group PO Box 686 Cle Elum, WA 98332 Authorized agent for: Cle Elum Pines West Location: The project is located north of Dry Creek Road and west of Reecer Creek Road comprising a portion of the W 1/2 of Section 27, T. 18N., R 18E., W.M. in Kittitas County. Specific map number(s) # 18-18-27020-0002, 0003, 0015, 0016, 0017, 0001. Lead Agency: Kittitas County Community Development Services The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. The lead agency for this proposal has also determined that certain mitigation measures are necessary in order to issue a Determination of Non -Significance for this proposal. Failure to comply with the mitigation measures identified hereafter will result in the issuance of a Determination of Significance (DS) for this project. These mitigation measures include the following: The following conditions shall also apply based on the project specific analysis: Y. Transportation A. The applicant shall be responsible for meeting or exceeding all conditions and requirements set forth by the Department of Public Works. B. The applicant will provide a proportionate share contribution to the improvement at the Reecer Creek Road and University Way intersection according to the approved transportation impact analysis. C. The applicant will abide by the conditions as approved under the Palomino Road Variance —08-18 including; a. Improvements to the Bowers Road and Reecer Creek Road intersection including a right hand turn lane and acceleration lane. -- b. A temporary Cul -de -Sac will be installed at the end of Bowers Road extension. 00397 DARRYL PIERCY, DIRECTOR ALLISON KIMBALL, ASSISTANT DIRECTOR COMMUNITY PLANNING - BUILDING INSPECTION " PLAN REVIEW - ADMINISTRATION - PERMIT SERVICES - CODE ENFORCEMENT - FIRE INVESTIGATION fl. Air c. The applicant will guarantee a thru route from Reecer Creek Road to Faust Road, to be built with future development. d. A temporary access at Bender Road will be built, gated and for emergency use only. A. If the applicant plans to bum trees or debris from the property, the applicant shall obtain a bum permit from the Department of Ecology. Only natural unprocessed vegetation may be burned in an outdoor fire. It is the applicant's responsibility to contact the Department of Ecology regarding this permit. M. Water & Septic A. Activities such as road widening, stump pulling and clearing, grading and fill work and utility placements may require an NPDES Construction Stormwater Permit issued by the Department of Ecology prior to start of construction. This permit requires the preparation of a Stormwater Pollution Prevention Plan. It is the applicant's responsibility to contact the Department of Ecology regarding this requirement. B. Prior to any grading, clearing or construction, erosion control measures shall be in place and shall be able to prevent soil from being carried into surface water (this includes storm drains) by stormwater runoff. The erosion control sediment plan shall be a part of the Stormwater Prevention Plan, as referenced in item A. C. The applicant will develop a Group A Water System for the project. The Group A Water System shall be designed by a licensed engineer and approved by the Washington State Department of Health. The -Group A water system shall be approved prior to final plat approval. The Group A water system may be built in phases as provided for in the approved Group A Comprehensive Water System Plan as required by DOH, pursuant to WAC 246. Demonstration of adequate water rights in relation to development of a Group A Water System shall be completed prior to final approval. Except for the existing exempt well that currently serves the property no other exempt wells shall be developed to service the project. Any deviations to the water system requirements shall undergo further environmental and plat review. D. The applicant will provide sewage treatment through metered Community Septic Systems or metered Large On -Site Septic Systems pursuant to WAC 246-272B "Large -On -Site Septic System Regulations". The type of meters used will be prescribed by Kittitas County. The initial phases of the project will be served by Community Septic Systems or Large On -Site Septic Systems designed by a licensed septic designer and approved by the Kittitas County Environmental Health Department, pursuant to KCC 13 or by the Washington State Department of Health pursuant to WAC 246. These Community Septic Systems or Large On -Site Septic Systems shall be located on an adjacent parcel of land, for a seamless transition into a possible Class A Reclaimed Water System Facility. E. . Prior to final approval, identification of community septic areas along with completed site evaluations will be required by the Kittitas:County Environmental Health Department E. If a Large On -Site Septic System (LOSS) system is pursued, the appropriate approval documents from the Washington State Department of Health will be required prior to final approval by the Kittitas County Environmental Health Department. F. Class A Reclaimed Water Facility: Pursuant to WAC 173-240-050 & RCW 90.46, a Class A Reclaimed Water Facility may be developed and approved by the Washington State Deptartment of Health and Washington State Department of Ecology. The system, located on an adjacent parcel of land, will contain the following trigger points: 00399 a. When the effluent volume reaches a monthly average of 8, 000 gallons per day the applicant will be required to start the planning process for this facility. No additional building permits will be issued until the Washington State Department of Health or the Washington State Department of Ecology has confirmed that the planning process for the facility has started. b. When the effluent volume reaches a monthly average of 10, 000 gallons per day the applicant will be required to have completed the planning process for the facility. In addition the applicant will be required to start creating engineering and construction drawings for the facility. No additional building permits will be issued until the Washington State Department of Health or the Washington State Department of Ecology has confirmed that the planning process for the facility has been completed and that the applicant has started the engineering and construction drawings. c. When the effluent volume reaches a monthly average of 12, 000 gallons per day the applicant will be required to have completed the engineering and construction plans for this facility. No additional building permits will be issued until the Washington State Department of Health or the Washington State Department of Ecology has confirmed that the engineering and construction plans for the facility have been completed. d. When the effluent volume reaches a monthly average of 14, 000 gallons per day the applicant will be required to have obtained a building permit for the facility and to have started the construction of the facility. No additional building permits will be issued until the Kittitas County Building Department has confirmed that a building permit for the facility has been issued and that construction has started. e. When the effluent volume reaches a monthly average of 15, 000 gallons per day the applicant will be required to have completed and have an operational reclaimed facility. No additional building permits will be issued until the Washington State Department of Health or the Washington State Department of Ecology has confirmed that the facility is operational. f. The applicant will record and provide to Community Development Services the recorded meter readings for each Community Septic System or Large On Site Septic System on a quarterly basis. G. If the applicant wishes to access city systems in the future, it will be recommended that all improvements be developed to current city standards. H. Metering shall be required on all residential well connections and metering results shall be recorded in a manner consistent with Kittitas County and Washington State Department of Ecology requirements (Memorandum of Agreement between Kittitas County and Washington State). 1. The approval of this division of land includes no guarantee that there is a legal right to withdraw groundwater within the land division. The approval of this division of land provides no guarantee that use of water under the ground water exemption (RCW 90.44.050) for this plat or any portion thereof will not be subject to curtailment by the Department of Ecology or a court of law. J. Washington Administrative Code (WAC) 173-150 provides for the protection of existing rights against impairment, i.e. interruption or interference in the availability of water. If the water supply in your area becomes limited your use could be curtailed by those with senior water rights. V. Historic and Cultural Preservation ®9399 A. Prior to any ground breaking activity on the subject property, the applicant shall consult with the Yakama Nation regarding an archaeological survey of the subject property due to a high potential for cultural resource sites at the proposed subdivision. Documentation shall be submitted to Community Development Services to be maintained in the project file. V1. Light and Aesthetics A. All outdoor lighting shall be shielded and directed downward to minimize the effect to nearby residential properties. VII. Noise A. Construction activities shall comply with KCC 9.45 (Noise). Construction hours shall be from 7:OOam to 7:OOpm. VII)<. Land and Shoreline Use A. Wetland and Wildlife study will be required, prior to final approval, establishing the appropriate buffers regarding sensitive areas as determined by the consultant. B. One hundred foot buffers will be established along Currier Creek and shown on the final mylars. C. A riparian management plan that would incorporate signage for Currier Creek will be completed prior to final approval. D. All waterways/waters/ditches located on the subject property, regardless of their designation of intermittent, perennial or ephemeral, shall be delineated and shown on the final mylars. Improvements to such water features shall not impact on-site and off-site use. E. A Hydraulic Project Approval (HPA) from the Department of Fish & Wildlife shall be required for all work affecting watercourses, including those that do not flow year-round. This includes, but is not limited to, work associated with construction of bridges, culverts, drainage facilities, outfalls and other construction affecting the bed, bank or flow of watercourses. F. The applicant shall consult with the Department of Fish & Wildlife to determine the appropriate size of culvert needed for the crossing of any stream or watercourse on the subject property. Prior to final approval the applicant will provide documentation that said crossings meet the proposed standards. IX. Public Safety A. The applicant shall consult with the local school district and provide for and depict on the final mylars a safe location for a bus stop. B. Any future development shall comply with the International Fire Code (]FC) and its Appendices and Referenced Standards, Kittitas County Code, and Kittitas County Road Standards and shall adhere to the strictest of said standards. x. Parks and Recreation A. The proposal will include 4-5 pocket parks spaced throughout the platted development. The pocket parks shall be dedicated as open space for perpetuity. 00400 B. The applicant shall add 120 trees that shall be placed sporadically through the development. The ^' trees shall serve as a buffer along the John Wayne Trail. The applicant shall replace any trees that die within the first three years. X. SEPA Review This MDNS is issued under WAC 197-11-350. The lead agency will not act on this proposal for 15 days. Any action to set aside, enjoin, review, or otherwise challenge this administrative SEPA action's procedural compliance with the provisions of Chapter 197-11 WAC shall be commenced within 10 working days (on or before 5:00 PM, Friday September 19, 2008). Responsible - Official: Scott urnbull Title: Staff Planner Address: Kittitas County Community Development Services 411 North Ruby St., Suite 2 Ellensburg, WA 98926 (509) 962-7506 FAX 962-7682 Date: September 4, 2008 Pursuant to Chapter 15A.07 KCC, this MDNS may be appealed by submitting specific factual objections in writing with a fee of $500.00 to the Kittitas County Board of Commissioners, Kittitas County Courthouse Room 110, Ellensburg, WA 98926. Timely appeals must be received no later than 5.00 PM September 19 2008 Aggrieved parties are encouraged to contact the Board at (509) 962-7508 for more information on appeal process. 00401 t X h i b !r+ �.,, IN THE MATTER OF P-07-31 Palomino Fields Preliminary Plat RECOMMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW DECISION AND CONDITIONS OF APPROVAL THIS MATTER having come on for hearing in front of the Kittitas County Hearing Examiner on October 9, 2008, the Hearing Examiner having taken evidence hereby submits the following Recommended Findings of Fact, Conclusions of Law, Decision and Conditions of Approval as follows: I. RECOMMENDED FINDINGS OF FACT 1. Terra Design Group, authorized agent for Cle Elum Pines West & East LLC's and Michael Cordner, landowners, has submitted a Preliminary Plat application to subdivide approximately 120.8 acres into 120 -lots. The proposed lot sizes range from 0.75 acres to 1.23 acres. (Application) 2. The applicant is Cle Elum Pines East & West, LLC's, P.O. Box 808, Cle Elum, WA 98922. (Application) 3. The subject property is currently zoned Urban Residential. The project was submitted under and is vested to the Suburban Zone KCC 17.20. The project is proposed to be served by a Group A water system and community drain fields transitioning to a Class A Reclaimed Water System as adequate flow is established. (Application) 4. The property is located north of Dry Creek Road and west of Reecer Creek Road comprising a portion of the W 1/2 of Section 27, T. 18N., R 18E., W.M. in Kittitas County. Tax parcel number(s) # 18-18-27020-0002, 0003, 0015, 0016, 0017, 0001. Currier Creek flows thru the property. (Application / Kittitas County Assessor) Site Information: Total Project Size: 120.8 acres Number of Lots: 120 Zoning district Urban Residential (Vested under Suburban) P-07-31 Palomino Fields Preliminary Plat Page 1 of 18 Domestic Water: Group A community system Sewage Disposal: Community septic transitioning to a Class A Reclaimed Water System Power/Electricity: Puget Sound Energy Fire Protection: Fire District #2 Irrigation District: Ellensburg Water Company (All from Application) 6. Site Characteristics: The topography of the site and surrounding properties is planar with a gentle slope of 1 to 2%. Currier Creek flows through the project from north to south. There are some existing structures on site. These structures use to be part of the previous landowners church facilities. There is also a large abandoned structure that was placed on the property under the previous ownership. The Town Ditch (Ellensburg Water Company) canal runs along the eastern edge of the property. Eventually this property abuts up against the John Wayne Trail to the south. Some of this ground has not been farmed recently and other portions of this property are currently being farmed. (Application / Staff investigation/Staff Report) 7. Surrounding Property: North: Vacant Northeast: Residential lots South: John Wayne Trail; South of the John Wayne Trail Residential lots East: Town Ditch Canal and four residential lots East of Reecer Creek Road B1ackHorse @ Whiskey Creek 300 plus residential Planned Unit Development West: Agricultural ground (Staff Report) 8. The Comprehensive Plan designation is Rural. (Staff Report) 9. The subject property is zoned Urban Residential (the project was vested under the Suburban Code (KCC 17.20) prior to the zone change), which allows for an average of one acre minimum lot size. (Staff Report) 10. A long plat and SEPA checklist was submitted to Community Development Services and deemed complete on May 25, 2007. (Application / Staff Report) 11. The Notice of Application for the preliminary plat application was issued on June 29, 2007. This notice was published in the official county paper of record and was mailed to jurisdictional government agencies, adjacent property owners and other P-07-31 Palomino Fields Preliminary Plat Page 2 of 18 interested parties. The last day to submit written comments was on July 19, 2007. (Staff Report) 12. A Renotice was issued on January 28, 2008 with the comment period ending on February 14, 2008 reflecting changes that Kittitas County Public Works had requested for road alignment. This notice was published in the official county paper of record and was mailed to jurisdictional government agencies, adjacent property owners and other interested parties. All comments received from those comment periods were considered by the Hearing Examiner. (Staff Report) 13. A Second Renotice was issued on July 10, 2008 with the comment period ending on July 29, 2008 reflecting changes that Kittitas County Public Works had requested for road alignment and an approved Road Variance with required conditions to be shown on the preliminary plat map. This notice was published in the official county paper of record and was mailed to jurisdictional government agencies, adjacent property owners and other interested parties. All comments received from those comment periods were considered by the Hearing Examiner. (Staff Report and Hearing Examiner finding) 14. Kittitas County issued a Mitigated Determination of Nonsignificance (MDNS) on September 8, 2008 as in accordance with WAC 197-11-355 (Optional DNS process). There were no appeals of the SEPA MDNS filed. (Staff Report and Hearing Examiner finding) 15. The proposal is consistent with the goals and policies of the Kittitas County Comprehensive Plan. The proposed subdivision will be adequately served by rural levels of service. Adequate provisions will be provided to minimize impacts to Currier Creek. The lots will be served by a Group A water system and community drain fields transitioning to a Class A Reclaimed Water System. Staff has conducted an administrative critical area review in accordance with KCC 17A and found four wetlands on the subject property. Currier Creek also flows thru the development and a 100 foot buffer shall be maintained to protect the creek. (Staff Report and Hearing Examiner finding) 16. As conditioned, this proposal is consistent with the Kittitas County Subdivision Code Chapter 16.12 for Preliminary Plats. (Hearing Examiner finding) 17. As conditioned, this proposal is consistent with the Kittitas County Environmental Health Title 15. (Hearing Examiner finding) 18. As conditioned, this proposal is consistent with the Kittitas County Critical Areas Code Title 17A. (Hearing Examiner finding) P-07-31 Palomino Fields Preliminary Plat Page 3 of 18 19. As conditioned, this proposal is consistent with the Kittitas County Flood Damage Prevention Code Title 14.08. (Hearing Examiner finding) 20. As conditioned, this proposal is consistent with the Kittitas County Zoning Code Title 17. (Hearing Examiner finding) 21. This proposal is consistent with and is vested to the Kittitas County Code 17.20, Suburban Zone as it existed on the date the application was deemed complete (May 25, 2007). (Hearing Examiner finding) 22. This proposal is consistent with the Kittitas County Irrigation & Sprinkling Code 16.18. (Hearing Examiner finding) 23. The Kittitas County Department of Public Works has identified that Bowers Road as constructed be classified as a Collector. The road is required to meet all Kittitas County Road Standards as outlined in the memorandum issued by the Department of Public Works prior to issuance of a building permit. As conditioned, the proposal is consistent with the provisions of KCC Title 12. (Kittitas County Department of Public Works comments, Staff Report and Hearing Examiner finding) 24. The Kittitas County Department of Public Works required and approved a Traffic Impact Analysis (TIA), and has requested the imposition of all recommended mitigation measures as conditions of approval. As conditioned, there is no detrimental impact to the public health, safety and welfare. (Kittitas County Department of Public Works comments, Staff Report and Hearing Examiner finding) 25. The following agencies provided comments during the comment period: Department of Ecology, Yakama Nation, Washington State Department of Archaeology & Historic Preservation, Kittitas County Department of Public Works, and Kittitas County Environmental Health. As the Hearing Examiner deemed appropriate, these comments have been included as conditions of approval. (Staff Report and Hearing Examiner finding) 26. Public and agency comments that were received were considered by the Hearing Examiner in rendering this Decision and forming Conditions of Approval. (Hearing Examiner finding) 27. The entire Planning Staff file was admitted into the record at the public hearing. (Hearing Examiner finding at open record public hearing) 28. The Kittitas County Department of Land Services recommended approval of this preliminary plat, subject to the recommended conditions of approval. (Staff Report and Staff presentation at open record public hearing) P-07-31 Palomino Fields Preliminary Plat Page 4 of 18 29. Public hearing after due legal notice was held on October 9, 2008. Appearing and testifying on behalf of the applicant was Chad Bala of Terra Design Group, Inc. in Cle Elum. Mr. Bala testified that he was an agent authorized to appear and speak on behalf of the applicant, Cle Elum Pines West & East, LLC's. Mr. Bala submitted a notebook of records that were consecutively numbered 1 through 563. This notebook and all the materials contained therein were admitted into the record. This notebook was admitted as Exhibit 3 to the hearing. (Chad Bala testimony at open record public hearing) 30. Exhibits at the hearing were: 30.1 Exhibit 1 is an October 9, 2008, letter from Jan Sharar to the Kittitas County Hearing Examiner. 30.2 Exhibit 2 is the Public Works PowerPoint presentation. 30.4 Exhibit 4 is October 9, 2008, letter from Ron and Debbie Kuhn to the Hearing Examiner. (Chad Bala testimony at open record public hearing) 31 Mr. Bala testified that none of the proposed lots would require a variance due to the buildable area of the lot, riparian setbacks and setbacks related to the septic system, in order to build a single family residence and any accessory structures. This included but was not limited to proposed lots 32, 38, 39, 40, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 55. Mr. Bala testified that on behalf of the applicant there were no objection to any of the proposed conditions of approval. (Chad Bala testimony at open record public hearing) 32. Also testifying on behalf of the applicant was Mark Nelson, P.O. Box 394, Cle Elum, WA 98922. Mr. Nelson was the designer of the septic system to serve this project. Mr. Nelson testified consistent with the application materials on file. Mr. Nelson emphasized that the large on-site sewage system (L.O.S.S.) would be subject to approval by Department of Health. The reclaimed water system would be subject to approval by Department of Ecology and Department of Health. Both the community septic system and the reclaimed water system would require additional permits from other agencies with jurisdiction prior to construction and implementation of those utilities. (Mark Nelson testimony at open record public hearing) 33. Speaking on behalf of the applicant was attorney Jeff Slothower. Mr. Slothower provided argument regarding the vesting issue. Mr. Slothower pointed out that as of the date of the determination of a complete application, that the applicant vested to the applicable zoning regulations in existence at that time. The applicant is complying with those regulations in the development of this project. (Jeff Slothower presentation at open record public hearing) P-07-31 Palomino Fields Preliminary Plat Page 5 of 18 34. There was some question by the Hearing Examiner regarding a commitment of neighboring property owners to allow the extension of Bowers Road through the neighboring parcel to the west as well as to allow portions of the community septic system and/or reclaimed water system to be located on that separate parcel. Mr. Slothower indicated that it would be acceptable to the applicant to condition final plat approval upon the applicant's securing from the adjacent property owner sufficient permanent rights-of-way and/or easements or other rights to use the adjoining property owner's property for the extension of Bowers Road and for the community septic system and/or reclaimed water system. (Hearing Examiner finding of fact and testimony of Jeff Slothower at open record public hearing) 35. Testifying in favor of the project was Margo Cordner. Mrs. Cordner testified that she has been a real estate agent in Kittitas County for over 19 years. She testified that she thought that this site would provide attractive settings for homeowners in that the lot sizes were up to one acre which were large enough to have a country feel but not so large as to discourage a homeowner from caring for their property as to weed control, etc. (Testimony of Margo Cordner at open record public hearing) 36. Testifying in opposition to the project was Debbie Kuhn. Ms. Kuhn testified that she felt that the zoning for this area should be illegal because it serves special interests. She testified that this project would constitute urban sprawl into a rural area and that there is insufficient demand for houses in this Kittitas County area. She testified as to concerns regarding flooding and infiltration of wells. She provided testimony about canal failures in the area. She testified regarding concerns about grading and filling south of her property, to the north of the project area. She generally spoke of a desire to protect their rural lifestyle from this urban development. (Testimony of Debbie Kuhn at open record public hearing) 37. Testifying in opposition to the project was Vicky Loiseau. Ms. Loiseau testified consistent with two letters that had been submitted into the record prior to the public hearing. She owns two acres south of the project area and south of John Wayne Trail. She believes that her views to the north will be compromised by this project if tall trees or tall homes are constructed. She provided testimony regarding another development on Courier Creek where parks and walking trails were supposed to be constructed but have not. She also testified that areas where developments have been approved but have not yet been built lay in weeds. She had questions as to when the parks within the development were to be built and where access to the John Wayne Trail would occur. She was concerned about asbestos in the house on the subject property that is to be removed. (Testimony of Vicky Loiseau at open record public hearing) P-07-31 Palomino Fields Preliminary Plat Page 6 of 18 38. Also testifying in opposition to the project was Mike Smith. Mr. Smith offered Exhibit 5 into the record. Exhibit 5 is an October 9, 2008, letter from Mr. Smith, the Community Development Director for the City of Ellensburg. Mr. Smith testified that the project area is not within the Ellensburg Urban Growth Area but that the 120 lots proposed for this development are, in his opinion, urban in nature. Mr. Smith testified that the Town of Thorp has been identified as an Urban Growth Node and has 163 lots of record ranging from 7,000 square feet to 160 acres. Mr. Smith also testified that if this development is approved and is not built in conformity with City of Ellensburg road standards or the ability to connect to City of Ellensburg Water & Sewer, that this will impede the City's growth towards this area. Mr. Smith testified that the City of Ellensburg cannot provide water or sewer to this project because it is not within the Urban Growth Area. (Testimony of Mike Smith at open record public hearing) 39. Mr. Smith testified as to several questions he had about the project. These included what he believed was a lack of information regarding the details of the phasing plan, what infrastructure would be required in each phase, where the large on-site sewage system would be located and the failure of the County to require Bender Road to be extended pursuant to this project. Mr. Smith had concerns about the secondary emergency access road going into the project area. Mr. Smith disagreed with conclusions of the Traffic Impact Analysis. He further had concerns about Bowers Road remaining a private road until it is extended through the adjoining property to Faust Road. Mr. Smith recommended that, for the reasons stated within his testimony and in his letter to the Hearing Examiner that he recommended that the application be denied. (Testimony of Mike Smith at open record public hearing) 40. Testifying in opposition to the project was Shirleen Sterkel. Ms. Sterkel testified that they live just west of the end of Bender Road. One of her concerns was regarding the gate for the secondary emergency access. She was concerned that it would not be locked and that it would turn into a way for the residents to shorten their trip to Ellensburg. She testified that Reecer already has significant noise issues, especially with pickup trucks traveling late at night. She is concerned about increased noise with this development. (Testimony of Shirleen Sterkel at open record public hearing) 41. The proposal is appropriate in design, character and appearance with the goals and policies for the land use designation in which the proposed use is located. (Hearing Examiner finding) 42. The proposed use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated by conditions of approval. (Hearing Examiner finding) P-07-31 Palomino Fields Preliminary Plat Page 7 of 18 43. The proposal will be served by adequate facilities including access, fire protection, water, storm water control, and sewage disposal facilities. (Hearing Examiner finding) 44. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. (Hearing Examiner finding) II. RECOMMENDED CONCLUSIONS OF LAW 1. The Hearing Examiner has been granted authority to render this decision. As conditioned, the development meets the goals, policies and implementation recommendations as set forth in the Kittitas County Comprehensive Plan. 3. As conditioned, this proposal is consistent with applicable federal and state laws and regulations. 4. Public use and interest will be served by approval of this proposal. 5. As conditioned, the proposal is consistent with Kittitas County Code Title 16 Subdivision, Title 17 Zoning, Title 17A Critical Areas, Title 15 Environmental, Title 14.08, and Title 12 Roads and Bridges and is not detrimental to the public health, safety and welfare of Kittitas County. 6. As conditioned, the proposed use is consistent with the intent, purposes and regulations of the Kittitas County Code and Comprehensive Plan. 7. As conditioned, the proposal does conform to the standards specified in Kittitas County Code. As conditioned, the use will comply with all required performance standards as specified in Kittitas County Code. 9. As conditioned, the proposed use will not be contrary to the intent or purposes and regulations of the Kittitas County Code or the Comprehensive Plan. 10. As conditioned, this proposal does comply with Comprehensive Plan, the Shoreline Master Program, the zoning code and other land use regulations, and SEPA. 11. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference. III. RECOMMENDED DECISION P-07-31 Palomino Fields Preliminary Plat Page 8 of 18 Based on the above Findings of Fact and Conclusions of Law, the Hearing Examiner hereby recommends that Application P-07-31, Palomino Fields Preliminary Plat, be APPROVED subject to the following Conditions of Approval. IV. RECOMMENDED CONDITIONS OF APPROVAL All Conditions of Approval shall apply to the applicant, and the applicant's heirs, successors in interest and assigns. All conditions imposed herein shall be binding on the "Applicant," which terms shall include the owner or owners of the property, heirs, assigns and successors. 2. The project shall proceed in substantial conformance with the plans and application materials on file dated September 26, 2008 except as amended by the conditions herein. 3. The applicant is responsible for compliance with all applicable local, state and federal rules and regulations, and must obtain all appropriate permits and approvals. 4. It is the responsibility of the applicant to contact the Kittitas County Assessor's and Treasurer's offices to confirm all taxes are current prior to final plat approval. 5. Based on the comment s received during the public comment period and other information submitted with this project permit application, a SEPA Mitigated Determination of Nonsignificance (MDNS) was issued by Community Development Services on September 8, 2008. The following are the mitigations contained within the MDNS and shall be conditions of approval: I. Transportation A. The applicant shall be responsible for meeting or exceeding all conditions and requirements set forth by the Department of Public Works. B. The applicant will provide a proportionate share contribution to the improvement at the Reecer Creek Road and University Way intersection according to the approved transportation impact analysis. C. The applicant will abide by the conditions as approved under the Palomino Road Variance —08-18 including: a. Improvements to the Bowers Road and Reecer Creek Road intersection including a right hand turn lane and acceleration lane. P-07-31 Palomino Fields Preliminary Plat Page 9 of 18 b. A temporary Cul -de -Sac will be installed at the end of Bowers Road extension. c. The applicant will guarantee a thru route from Reecer Creek Road to Faust Road, to be built with future development. d. A temporary access at Bender Road will be built, gated and for emergency use only. II. Air A. If the applicant plans to bum trees or debris from the property, the applicant shall obtain a burn permit from the Department of Ecology. Only natural unprocessed vegetation may be burned in an outdoor fire. It is the applicant's responsibility to contact the Department of Ecology regarding this permit. III. Water & Septic A. Activities such as road widening, stump pulling and clearing, grading and fill work and utility placements may require an NPDES Construction Stormwater Permit issued by the Department of Ecology prior to start of construction. This permit requires the preparation of a Stormwater Pollution Prevention Plan. It is the applicant's responsibility to contact the Department of Ecology regarding this requirement. B. Prior to any grading, clearing or construction, erosion control measures shall be in place and shall be able to prevent soil from being carried into surface water (this includes storm drains) by stormwater runoff. The erosion control sediment plan shall be a part of the Stormwater Prevention Plan, as referenced in item A. C. The applicant will develop a Group A Water System for the project. The Group A Water System shall be designed by a licensed engineer and approved by the Washington State Department of Health. The Group A water system shall be approved prior to final plat approval. The Group A water system may be built in phases as provided for in the approved Group A Comprehensive Water System Plan as required by DOH, pursuant to WAC 246. Demonstration of adequate water rights in relation to development of a Group A Water System shall be completed prior to final approval. Except for the existing exempt well that currently serves the property no other exempt wells shall be developed to service the project. Any deviations to the water system requirements shall undergo further environmental and plat review. D. The applicant will provide sewage treatment through metered Community Septic Systems or metered Large On -Site Septic Systems pursuant to WAC P-07-31 Palomino Fields Preliminary Plat Page 10 of 18 246-272B "Large -On -Site Septic System Regulations". The type of meters used will be prescribed by Kittitas County. The initial phases of the project will be served by Community Septic Systems or Large On -Site Septic Systems designed by a licensed septic designer and approved by the Kittitas County Environmental Health Department, pursuant to KCC 13 or by the Washington State Department of Health pursuant to WAC 246. These Community Septic Systems or Large On -Site Septic Systems shall be located on an adjacent parcel of land, for a seamless transition into a possible Class A Reclaimed Water System Facility. E. Prior to final approval, identification of community septic areas along with completed site evaluations will be required by the Kittitas County Environmental Health Department. F. If a Large On -Site Septic System (LOSS) system is pursued, the appropriate approval documents from the Washington State Department of Health will be required prior to final approval by the Kittitas County Environmental Health Department. G. Class A Reclaimed Water Facility: Pursuant to WAC 173-240-050 & RCW 90.46, a Class A Reclaimed Water Facility may be developed and approved by the Washington State Department of Health and Washington State Department of Ecology. The system, located on an adjacent parcel of land, will contain the following trigger points: a. When the effluent volume reaches a monthly average of 8,000 gallons per day the applicant will be required to start the planning process for this facility. No additional building permits will be issued until the Washington State Department of Health or the Washington State Department of Ecology has confirmed that the planning process for the facility has started. b. When the effluent volume reaches a monthly average of 10,000 gallons per day the applicant will be required to have completed the planning process for the facility. In addition the applicant will be required to start creating engineering and construction drawings for the facility. No additional building permits will be issued until the Washington State Department of Health or the Washington State Department of Ecology has confirmed that the planning process for the facility has been completed and that the applicant has started the engineering and construction drawings. c. When the effluent volume reaches a monthly average of 12,000 gallons per day the applicant will be required to have completed the engineering and construction plans for this facility. No additional building permits will be issued until the Washington State Department of Health or the P-07-31 Palomino Fields Preliminary Plat Page 11 of 18 Washington State Department of Ecology has confirmed that the engineering and construction plans for the facility have been completed. d. When the effluent volume reaches a monthly average of 14,000 gallons per day the applicant will be required to have obtained a building permit for the facility and to have started the construction of the facility. No additional building permits will be issued until the Kittitas County Building Department has confirmed that a building permit for the facility has been issued and that construction has started. e. When the effluent volume reaches a monthly average of 15,000 gallons per day the applicant will be required to have completed and have an operational reclaimed facility. No additional building permits will be issued until the Washington State Department of Health or the Washington State Department of Ecology has confirmed that the facility is operational. f. The applicant will record and provide to Community Development Services the recorded meter readings for each Community Septic System or Large On Site Septic System on a quarterly basis. H. If the applicant wishes to access city systems in the future, all improvements shall be developed to current city standards. I. Metering shall be required on all residential well connections and metering results shall be recorded in a manner consistent with Kittitas County and Washington State Department of Ecology requirements (Memorandum of Agreement between Kittitas County and Washington State). J. The approval of this division of land includes no guarantee that there is a legal right to withdraw groundwater within the land division. The approval of this division of land provides no guarantee that use of water under the ground water exemption (RCW 90.44.050) for this plat or any portion thereof will not be subject to curtailment by the Department of Ecology or a court of law. K. Washington Administrative Code (WAC) 173-150 provides for the protection of -existing rights against impairment, i.e.. interruption or interference in the availability of water. If the water supply in your area becomes limited your use could be curtailed by those with senior water rights. IV. Historic and Cultural Preservation A. Prior to any ground breaking activity on the subject property, the applicant shall consult with the Yakama Nation regarding an archaeological survey of the subject property due to a high potential for cultural resource sites at the proposed subdivision. Documentation shall be submitted to Community Development Services to be maintained in the project file. P-07-31 Palomino Fields Preliminary Plat Page 12 of 18 V. Light and Aesthetics A. All outdoor lighting shall be shielded and directed downward to minimize the effect to nearby residential properties. VI. Noise A. Construction activities shall comply with KCC 9.45 (Noise). Construction hours shall be from 7:OOam to 7:OOpm. VII. Land and Shoreline Use A. Wetland and Wildlife study will be required, prior to final approval, establishing the appropriate buffers regarding sensitive areas as determined by the consultant. B. One hundred foot buffers will be established along Currier Creek and shown on the final mylars. C. A riparian management plan that would incorporate signage for Currier Creek will be completed prior to final approval. D. All waterways/waters/ditches located on the subject property, regardless of their designation of intermittent, perennial or ephemeral shall be delineated and shown on the final mylars. Improvements to such water features shall not impact on-site and off-site use. E. A Hydraulic Project Approval (HPA) from the Department of Fish & Wildlife shall be required for all work affecting watercourses, including those that do not flow year-round. This includes, but is not limited to, work associated with construction of bridges, culverts, drainage facilities, outfalls and other construction affecting the bed, bank or flow of watercourses. F. The applicant shall consult with the Department of Fish & Wildlife to determine the appropriate size of culvert needed for the crossing of any stream or watercourse on the subject property. Prior to final approval the applicant will provide documentation that said crossings meet the proposed standards. VIII. Public Safety A. The applicant shall consult with the local school district and provide for and depict on the final mylars a safe location for a bus stop. P-07-31 Palomino Fields Preliminary Plat Page 13 of 18 B. Any future development shall comply with the International Fire Code (IFC) and its Appendices and Referenced Standards, Kittitas County Code, and Kittitas County Road Standards and shall adhere to the strictest of said standards. IX. Parks and Recreation A. The proposal will include 4-5 pocket parks spaced throughout the platted development. The pocket parks shall be dedicated as open space for perpetuity. B. The applicant shall add 120 trees that shall be placed sporadically through the development. The trees shall serve as a buffer along the John Wayne Trail. The applicant shall replace any trees that die within the first three years. 6. Soil logs need to be scheduled and dug at a mutually convenient time. The developer/owner shall provide soil logs as per Chapter 246-272 WAC or as amended. The information obtained will be recorded and placed in the plat file for future reference. The information obtained from these soil logs is for plat approval purposes only and does not constitute a site evaluation in conjunction with the issuance of a permit for any specific lot. Proof of potable water must be shown prior to final plat approval. All applicants for subdivision utilizing wells shall have a note placed on the face of the final mylar that states: "Kittitas County relies on its record that a supply of potable water exists. The approval of this division of land includes no guarantee or assurance that there is a legal right to withdraw groundwater within the land division." 9. The Final Plat shall meet all requirements as listed in Chapter 16.20 of the Subdivision Code; including content, format, etc. The following items will be required on the Final Plat Submittal: a. Adjacent Property Owners: The adjacent property owners and surrounding properties shall be on the face of the final short plat. (K.C.C.16.20.040, 10, Plat drawing, Adjacent Owners). b. Surrounding Area: All surrounding property shall be shown in dotted lines and letters with names of plats, roads, adjoining lots, canals, and etc., and if un -platted shall be so indicated. (K.C.C.16.20.040, 11, Plat drawing, Surrounding Area). 10. Bowers Road: Bowers Road from Reecer Creek Road to Faust Road has been identified as a future county road corridor in the Kittitas County Transportation Plan. P-07-31 Palomino Fields Preliminary Plat Page 14 of 18 If the Bowers Road extension is desired to become a county road, the road shall be constructed to a minimum 22' wide roadway with 2' paved shoulders, for a total minimum width of 26', and follow the procedures outlined below. At the time Bowers Road is brought onto the county road system, it will be classified as a Rural Minor Collector with a speed limit of 25 mph and an access spacing requirement of 150'. The road must be constructed prior to petitioning the County Commissioners to take the road on system. There is no guarantee the road will be accepted onto the county road system. 11. Public Road Improvements: The following public road improvements are required as a result of this development and as mitigation for Road Variance 08-18. a. The Bowers Road extension will include a right hand turn lane onto Reecer Creek Road south. b. Reecer Creek Road will be widened for the construction of an acceleration lane in the southbound lane. c. A temporary cul-de-sac will be constructed at the termination of the Bowers Road extension. d. Access to Faust Road will be guaranteed through an easement or right-of-way dedicated to the County. The Bowers Road extension to Faust Road will be constructed in the future as a result of subsequent development. 12. Temporary Cul -de -Sac: A temporary cul-de-sac turn -around having an outside right- of-way easement diameter of at least 110 feet shall be constructed at the west end of the Bowers Road extension. The driving surface shall be at least 96 feet in diameter. Cul-de-sacs must also conform to the requirements specified by the 2006 International Fire Code. Contact the Fire Marshal regarding any additional cul-de-sac requirements. 13. Road Plans: The developer shall submit road plans for all public road improvements, including Bowers Road, as follows: Plan and profile drawings for all roads shall be submitted to the County Engineer on mylar sheets twenty-two inches by thirty-six inches in size, and receive approval before proceeding with construction. The drawing standards used in preparing the drawings shall conform to the current drawing standards employed by the Department of Public Works. All plans for roads, drainage, and utility construction are to be designed and prepared by a licensed professional engineer. Staking for road construction and adequate survey control for utility construction shall be provided at the subdivider's expense. No work may be started until such plans are approved. See current Kittitas County Road Standards 12.08 for more detailed information.. 14. Public Road Construction, Testing and Inspection: Prior to construction the developer shall schedule a pre -construction meeting with the Department of Public Works. No work may be started prior to the meeting. Testing services shall be retained by the P-07-31 Palomino Fields Preliminary Plat Page 15 of 18 developer. County inspection details will be determined during the pre -construction meeting. 15. Bonding: The developer shall submit a bond to the Department of Public Works following the requirements of Kittitas County Road Standards 12.01.150. Failure to comply with these Standards may result in denial of plan or development permit approval, revocation of prior approvals, or legal action for forfeiture of performance guarantee. A cul-de-sac tum -around having an outside right-of-way easement diameter of at least 110 feet shall be constructed at the closed end of all dead-end roads serving 3 or more lots. The driving surface shall be at least 96 feet in diameter. Cul-de-sacs must also conform to the requirements specified by the 2006 International Fire Code. Contact the Fire Marshal regarding any additional cul-de-sac requirements. 16. Dedication: The following dedication shall be included on the final plat for the Bowers Road right of way. a. KNOW ALL MEN BY THESE PRESENTS that do hereby declare this plat and dedicate to the public forever all roads and ways hereon with the right to make all necessary slopes for cuts and fills, and the right to continue to drain said roads and ways over and across any lot or lots, where water might take a natural course, in the original reasonable grading of the roads and ways shown hereon. Following original reasonable grading of roads and ways hereon no drainage water on any lot or lots shall be diverted or blocked from their natural course so as to discharge upon any public road rights-of-way, or to hamper proper road drainage. Any enclosing of drainage waters in culverts or drains or rerouting thereof across any lot as may be undertaken by or for the owner of any lot, shall be done by and at the expense of such owner.. 17. Stormwater: On-site stormwater management that conforms to the specifications of the most current version of the Stormwater Management Manual for Eastern Washington is required of this development. Stormwater systems shall be designed to store stormwater generated by a 24-hour, 25 -year storm event. Stormwater system designs shall be prepared and stamped by a civil engineer licensed in the State of Washington. The stormwater system construction and a copy of the design shall be included with the road certification and is required prior to the issuance of a building permit. Stormwater facilities shall be maintained by the developer or homeowners association as appropriate. 18. Private Road Improvements: Roads A — F shall be constructed as High -Density Private Roads that serve more than 40 lots. Access easements shall be a minimum of 60' wide. The roadway shall be constructed to AASHTO standards and be designed by an engineer. See current Kittitas County Road Standards, 9/6/05 edition. P-07-31 Palomino Fields Preliminary Plat Page 16 of 18 19. John Wayne Trail: The applicant shall contact Washington State Parks and provide documentation of any requirements such as fencing and pedestrian access along the trail prior to final approval. An approved access permit shall be required from the Department of Public Works prior to creating any new driveway access or performing work within the county road right of way. 20. Private Road Certification: Private roads serving any of the lots within this development shall be inspected and certified by a licensed professional engineer for conformance with current Kittitas County Road Standards, 9/6/05 edition. Kittitas County Public Works shall require this road certification to be completed prior to the issuance of a building permit for any of the structures within the proposed plat. 21. Joint -Use Driveway: A joint -use access shall serve no more than two tax parcels. See Kittitas County Road Standards, 9/6/05 edition. a. Access easements shall be a minimum of 20' wide. The roadway width shall have a minimum width of 12'. b. The surface requirement is for a minimum gravel surface depth of 6". c. Maintenance of driveway approaches shall be the responsibility of the owner whose property they serve. The County will not maintain accesses. d. Any further subdivision or lots to be served by proposed access may result in further access requirements. Single -Use Driveway A single -use access shall serve no more than one lot. See Kittitas County Road Standards, 9/6/05 edition. a. The roadway shall be a minimum of 8' wide with gravel surface. b. Maintenance of driveway approaches shall be the responsibility of the owner whose property they serve. The County will not maintain accesses. c. Any further subdivision or lots to be served by proposed access may result in further access requirements. 22. Plat Notes: The following plat notes shall be included on the final plat: a. Entire private road shall achieve 95% compaction and shall be inspected and certified by a licensed engineer in the State of Washington specifying that the road meets current Kittitas County Road Standards prior to the issuance of building permit for this plat. b. Kittitas County will not accept private roads for maintenance as public streets or roads until such streets or roads are brought into conformance with current County Road Standards. This requirement will include the hard surface paving of any street or road surfaced originally with gravel. 23. Private Road Maintenance Agreement: The applicant shall meet all applicable conditions of any pre -established or required Private Road Maintenance Agreements. P-07-31 Palomino Fields Preliminary Plat Page 17 of 18 24. Lot Closure: It is the responsibility of the Professional Licensed Surveyor (PLS) to ensure the lot closures are correct and accurate. 25. Access Permit: An approved access permit shall be required from the Department of Public Works prior to creating any new driveway access or performing work within the county road right of way. 26. Addressing: Contact the Kittitas County Rural Addressing Coordinator at (509) 962- 7523 to obtain addresses prior to obtaining a building permit. A parcel cannot receive a building permit or utilities until such parcel is identified with a 911 address. 27. Mailbox Placement: The U.S. Postal Service requires that private roads with 6 or more residences install USPS approved Cluster Box Units (CBUs) at a safe location at the mouth of the private road. Contact your local Post Office for location and additional design requirements before beginning construction. 28. Prior to final plat approval, the applicant shall secure from the property owner to the west of the subject property, sufficient right-of-way for the extension of Bowers Road through the adjoining property to Faust Road. This right-of-way shall be in an amount and form suitable to the Kittitas County Engineer and Prosecuting Attorney. 29. Prior to final plat approval, the applicant shall secure from the property owner to the west of the applicant's property, a permanent legal right to locate all or portions of the community septic system and/or reclaimed water system in an amount, location and form acceptable to Washington State Department of Health, Washington State Department of Ecology, Kittitas County Public Works, Kittitas County Planning Department and Kittitas County Prosecuting Attorney. Dated this 2151 day of October, 2008. KI AS COUNTY HEARING EXAMINER �J drew L. Kottkamp P-07-31 Palomino Fields Preliminary Plat Page 18 of 18 �xhib�+ D BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON PRELIMINARY PLAT APPROVAL Palomino Fields (P-07-31) RESOLUTION NO. 2008- / C,° O WHEREAS, according to Kittitas County Code Chapter 16, relating to the Subdivision of Land, adopted pursuant to RCW 58.17, an open record hearing was held by the Kittitas County Hearing Examiner on October 9, 2008 for the purpose of considering a preliminary plat known as the Palomino Fields Preliminary Plat and described as follows: The division of 120.08 acres into 120 lots, map numbers 18-18-27020-0001, 0002, 0003, 0015, 0016 and 0017 located in portions of Section 27, TI8N, R18E, YI'M in Kittitas County. Proponent: Terra Design Group, authorized agent for Cie Elum Pines West, LLC and Cie Elum Pines East, LLC, and Michael Cordner, landowners. WHEREAS, public testimony was heard from those persons present; and, WHEREAS, due notice of the hearing had been given as required by law, and the necessary inquiry has been made into the public interest to be served by such platting; and, WHEREAS, the Hearing Examiner recommended approval of said proposed subdivision; and, WHEREAS, a closed record public meeting was held by the Board of County Commissioners on November 18, 2008 to consider the Hearing Examiner's recommendation on this matter; and, WHEREAS, the Kittitas County Board of Commissioners make the following FINDINGS OF FACT and CONCLUSIONS AT LAW concerning said proposed preliminary plat: 1. Terra Design Group, authorized agent for Cle Elum Pines West, LLC & Cle Elum Pines East, LLC and Michael Cordner, landowners, has submitted a Preliminary Plat application to subdivide approximately 120.8 acres into 120 -lots. The proposed lot sizes range from 0.75 acres to 1.23 acres. 2. The property is located north of Dry Creek Road and west of Reecer Creek Road which comprises portions of the W '/z of Section 27, TI 8N, R18E, WM in Kittitas County. Map numbers 18-18-27020-0001, 0002, 0003, 0015, 0016, 0017. Currier Creek flows through the property. 3. The subject property is currently zoned Urban Residential. The project was submitted under and is vested to the Suburban Zone KCC 17.20. The project is proposed to be served by a Group A water system and community drain fields transitioning to a Class A Reclaimed Water System as adequate flow is established. 4. The Notice of Application for the preliminary plat application was issued on June 29, 2007. This notice was published in the official county paper of record and was mailed to jurisdictional government agencies, adjacent property owners and other interested parties. The last day to submit written comments was on July 19 2007. 5. A re -notice of application was issued on January 28, 2008 with the comment period ending on February 14, 2008. The purpose of the re -notice was to reflect changes that Kittitas County Public Works had requested for road alignment. This notice was published in the official county paper of record and was mailed to jurisdictional government agencies, adjacent property owners and other interested parties. 6. A second re -notice of application was issued on July 10, 2008 with the comment period ending on July 29, 2008. The purpose of the second re -notice was to reflect changes that Kittitas County Public Works had requested for road alignment and an approved Road Variance with required conditions to be shown on the preliminary plat map. This notice was published in the official county paper of record and was mailed to jurisdictional government agencies, adjacent property owners and other interested parties Kittitas County issued a Mitigated Determination of Nonsignificance (MDNS) on September 8, 2008 in accordance with WAC 197-11-355 (Optional DNS process). There were no appeals of the SEPA MDNS filed. 8. The Hearing Examiner conducted an open record hearing on October 9, 2008 to consider this matter where testimony was heard. On October 21, 2008 the Hearing Examiner issued a recommendation of preliminary plat approval for the Palomino Fields Preliminary Plat (P-07-31). 9. The Board of County Commissioners conducted a closed record meeting on November 18, 2008 for the purpose of considering the preliminary plat known as the Palomino Fields Preliminary Plat (P-07-31). A motion was made and seconded that the preliminary plat be approved. The motion carried with a vote of 3-0. 10. The Board of County Commissioners finds that additional conditions are not necessary to protect the public's interest. NOW, THEREFORE BE IT RESOLVED, that the Kittitas County Board of Commissioners hereby grants preliminary plat approval to the Palomino Fields Plat (P-07-31) and adopts the 2 Kittitas County Land Use Hearing Examiner's Recommended Finds of Fact, Conclusions of Law, Decision and Conditions of Approval (See Exhibit A): BE IT FURTHER RESOLVED by the Board of County Commissioners of Kittitas County, Washington, that said preliminary plat designated as Palomino Fields Plat (P-07-31) and the same hereby is, approved with the proposed development configuration (See Exhibit B). DATED this ice,` ''` day of jr-� rt-� , 2008 at Ellensburg, Washington. BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Mark McClain, Chairman Alan Crankovich , Vice C firman Linda . Huber, Commissioner ATTEST: APPROVED AS TO FORM: CLERK OF THE BOARD Julie A Kjorsvik Greg Zempel WSBA #19125 =Xhibl+ � KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES 411 N. Ruby St., Suite 2, Ellensburg, WA 98926 CDS [l CO.KITTITAS.WA.US Office (509) 962-7506 "Building Partnerships — Building Communities" Fax (509) 962-7682 June 15, 2015 Pat Deneen PO Box 808 Cie Elum, WA 98922 Terra Design Group, Inc. Chad Bala PO Box 686 Cie Elum, WA 98922 Subject: Plat Extension Approval — Palomino Fields Plat (LP -07-00031) Dear Mr. Deneen, Kittitas County Community Development Services (CDS) received your Plat Extension application request (PE - 15 -00002) on April 29, 2015 requesting a one-year extension for the Palomino Fields Plat (LP -07-00031). Per Kittitas County Code 16.12.250 Expiration "...Any applicant who files a written request with the administrator within 30 days before the expiration date, showing that the applicant has attempted in good faith to submit the final plat within the time period and that the associated fees are paid, shall be granted a one-year extension. Such an extension can be requested and granted five times." This project was granted preliminary approval on November 18, 2008 through Ordinance 2008-160. Kittitas County grants your extension request based on your statement that you are working through the process of satisfying the requirement of providing water for the proposal and that the process is currently stalled with WA Department of Ecology due to the current drought declaration. The expiration date for the Palomino Fields Plat has been extended to November 18, 2016. Should you require another plat extension in the future, your application must be submitted prior to 30 days of expiration to Community Development Services for consideration. Additionally, in your extension request letter to CDS, you requested that staff confirm the Cordner's are no longer associated with the ownership of this property or project. According to Kittitas County Assessor's website, parcels #471033, 11800, 11801, & 11802 are owned by Cie Elum Pines West, LLC and parcels #491033 & 481033 are owned by Cie Elum Pines East, LLC. This letter in conjunction with your plat extension request letter serves as notice to Kittitas County that ownership has changed for a portion of the project and that the Cordner's are no longer involved. If you have any questions, please feel free to contact me. Sincerely, Lrndse�lt Planner II COMMUNITY PLANNING • BUILDING INSPECTION • PLAN REVIEW • ADMINISTRATION • PERMIT SERVICES • CODE ENFORCEMENT U-- KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS EXAMINED AND APPROVED THIS _ DAY OF AD., 200— KITTITAS COUNTY ENGINEER KITTITAS COUNTY HEALTH DEPARTMENT I HEREBY CERTIFY THAT THE PALOMINO FIELDS PLAT HAS BEEN EXAMINED BY ME AND 1 FIND THAT TIE SEWAGE AND WATER SYSTEM HEREIN SHOWN DOES MEET AND COMPLY WITH ALL REOIIREMENTS OF THE COUNTY HEALTH DEPARTMENT. DATED IRIS _ DAY OF _ AD.. 200_. KITTITAS COUNTY HEALTH OFFICER CERTIFICATE Or COUNTY PLANNING DIREC70R I HEREBY CERTIFY THAT THE PALOMINO FIELDS RAT HAS BEEN EXAMINED BY ME AND FIND THAT IT CONFORMS TO THE COMPREHENSIVE PLAN OF THE KITTITAS COUNTY PLANNING COMMISSION. DATED THIS _ DAY OF A.D., 200_, KITTITAS COUNTY PLANNING DIRECTOR CERTIFICATE OF KITTITAS COUNTY TREASURER I HEREBY CERTIFY THAT THE TAXES AND ASSESSMENTS ARE PAID FOR THE PRECEDING YEARS AND FOR TRS YEAR IN WHICH THE PLAT IS NOW TO BE FILED. PARCEL NOS. 18-18-27020-0002, 18-18-27020-00031 18-18-27020-0015, 18-18-27020-0016, I8-18-27020-0017 AND IB -18-27020-0001 (481033, 491033, 11800. 11a01, 11802, 471033) DATED THIS _ DAY OF AD.. 200— KITTITAS COUNTY TREASURER CERTIFICATE OF KITTTAS COUNTY ASSESSOR I HEREBY CERTIFY THAT THE PALOMINO FIELDS PLAT HAS BEEN EXAMINED BY ME AND I FIND WE PROPERTY TO BE IN AN ACCEPTABLE CONDITION FOR PLATTING. PARCEL NOS. 15-18-27020-0002. 18-18-27020-0003. 18-18-27020-0015. 18-15-27020-0016 ( 18-1B-27020-0017. 18-18-27020-0001 OAIED THIS _ DAY OF A.D., 200— KITTITAS COUNTY ASSESSOR KITTITAS COUNTY BOARD OF COMMISSIONERS EXAMINED AND APPROVED THIS DAY OF AD., 200_. BOARD Or COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON BY: CHAIRMAN ATTEST: _CLERK OF THE BOARD NOTICE. THE APPROVAL OF TR8 PLAT N NOT A GUARANTEE THAT FUTURE PERMITS WELL 11 GRANTED. PALOMINO FIELDS PLAT PTN. W112 OF SECTION 27, T.18N., R.18E., W.M. KITTITAS COUNTY, STATE OF WASHINGTON RECEIVING P -07 -XX SURVlY AUTA]� 1. B(S/S OF BZAMA= ANO SAETAIN BAV)GPO#7V ARA' PdR A SORVZr BT ANO TR! SORre7S R!/lRI4eT0 TNlR/ON. A: TNd mApo it or TNLS ORXT7AFLAT 1S m PLAT NAP AT/Y",W 19-19-27020-0001, !B-le-d70do-0ool, 1e-1e-170R7-ooOJ \ SILT/ON CV)WrR M A QBARTd/7 comm fillSAT IAr RA'BAR LS/ 79092 O FNB REBAR ® APPROX/A1.4T! LOCATION OF rrLL © CrVTdR OF SAETION �t$�+ 100-rWAR FLOOBPLA/N RECEIVING P -07 -XX SURVlY AUTA]� 1. B(S/S OF BZAMA= ANO SAETAIN BAV)GPO#7V ARA' PdR A SORVZr BT ANO TR! SORre7S R!/lRI4eT0 TNlR/ON. A: TNd mApo it or TNLS ORXT7AFLAT 1S m PLAT NAP AT/Y",W 19-19-27020-0001, !B-le-d70do-0ool, 1e-1e-170R7-ooOJ \ !e-l9-2fo20-0016. Je-le-27020-0019( DVM BY JB -le -270!0-0017 TO TN! CONFR:UR.ITRIN SROlN \ HdRAON. I G. WEISER 05/07 07094 18 -IB -27020-0018, 18-18-27020-0017 ( CHKD BY SCALE SHEET 18 -ie -27020-0001 D. NELSON :-€ _ 1 OF 3 l WDEX LOCA TON T1 GRAPHIC SCALE 7 \ ! IN FIAT J I inch - 300 A \� RECORDER'S CERTIFICATE ................................ \ 1 — L Flied for record this......... day of ............ 20......at........M in book..... of. ..................... at page.. .......... at the request of \ P. NELSON 1 ............DAND ....................... Surveyor's NameNome J .,�uNm�axm County Auditor Deputy Coun t y Auditor i, SURVEYOR'S CERTIFICATE This mop correctly represents a survey made by or under my direction in conform—, With the -L requirements of the Survey Recordin Act at the request of.....C.GF,..E6V.M.P..INkS.....6l y........... in... MAY...... 2097. aT t2%P.7 floes-owI ... .. ..�,T-w.l DAVID P. NELSON DATE Certificate No....�$Q�.2....... Encompassk. ENGINEERING 8 SURVEYING `� 108 EAST 21,10 STREET CLE ELUM, WA 98922 PHONE: (509) 674-7433 CLE ELUM PINES EAST LLC FAX: (5DB) 874-7418 ((PARCELS I d 2 OF EXISTING LEGAL DESCRIPTION) CLE ELUM PINES WEST LLC PALOMINO FIELDS PLAT (PARCEL J OF EXISTING LEGAL DESCRIPTION)PO BOX 845 CLE ELUM WA 98922 PTN. W112 OF SECTION 27, T.18N., R.18E., W.M. LOTS: 120 (32670 SO.FT. MINIMUM) -5 TRACTS KITTITAS COUNTY, STATE OF WASHINGTON SEVER: CITY OF ELLENSBURG WATER: CITY OF ELCENSBURG ZONE: SUBURBAN DVM BY DATE JOB NO. EXISTING PARCEL NUMBERS: 18-I8-2 7020-0002. 11-18-27020-0007, 18-18-27020-0015, G. WEISER 05/07 07094 18 -IB -27020-0018, 18-18-27020-0017 ( CHKD BY SCALE SHEET 18 -ie -27020-0001 D. 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W. 7RAcr A 1cA �.. <6 "0� ' �,�• ;fl' ory J• '016$ �\ x°71 SF 5ry• 7^rh •'J' he"� J� Bi y� y' ?2 a, A�b' BJ �''\ H82'E I. l \ 'to 1' rl} BDJ M1 `fJ r 79.011 SF \ 224.12' B V ti �� 3' 'try n •ry �` U• b M1 . `b �C• ; SJJ ?�J•A 81 •!ry' 6 F0 �' 2 M1ry g� �� Ory• j' �3 � 41.719 SF �✓ 47 1' 1 6 m $' M1 7 1801 ��3, �`fofh ]1.7165FS 1y ry�"Pry�,lOyOryJJ.JJ°SF 9• I1Ps. 8569' \ `70✓ • .g ti (j IJSI9' 6' /79.11' 757.3J•69y N90U00° W In `rq 1• ,� ,g 241.95' N90710 00 W 459.98 0 1 O h I z y I 4Oe a}es7. - WAL LATE 7 /ncA � 200 J1. CISIKS 7 RECORDER'S CERTIFICATE ................................ Filed for record this......... day of 20 In book.....ol......................ol page............at the request of .......... PAVID„ P; • • NELSON • ............. Surwya'e Nome Count Audl(or Deput Count Auditor Y Y SURVEYOR'S CERTIFICATE This map correctly represents a survey mode by me or under my dlreclion In conformance With the requirements of the Surveyy Recordln A al tha request CLE„.... of.... ....... R7. •_•,.. ,L in....4!AY......20. ..... DAVID P. NELSON DATE Certificate No.....1.1NQ2 ...... Encompassk ENGINEERING 8 SURVEYING (� WE EAST 2140 STREET CLE ELUM, WA98922 PHONE: (509) 674.7433 FAX: (509) 674.74 19 PALOMINO FIELDS PLAT PTN. W1/2 OF SECTION 27, T.18N., R.18E., W.M. KITTITAS COUNTY, STATE OF WASHINGTON OWN BY DATE JOB NO. G. WEISER I 05 07 07094 CHXD BY SCALESHEET D. NELSON 1 "=200' 2 OF 3 DEDICATION KNOW ALL MEN BY THESE PRESENT That we, the undersigned people with interest in the herein described property, do hereby declare subdivide and plat as herein described, and dedicate to the use of the public forever all roads, streets, avenues, places or whatever public property shown hereon. IN WITNESS WHEREOF, We have set our hands and seals. CLE ELUM PINES EAST, LLC, A WASHINGTON LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT STATE OF WASHINGTON ) COUNTY OF _— ) •. a. On Ihis day of 200— .elwe me. m. vnderelpnb, o Notary Publlo Y, and for the Stale of Weehinglm. duly tammleelmed and .wom, pere°nolly appeaned o me knom to bs the Prnldml and S.cretwy, r•.p.clnwy, of U• c°rporoUm that ..—led the ler.going inslrumml, and acknaef•dged the said 1,0rumml to be the 1—and f .old ear —Non. far the use mtl purposes thweln volunlmy eel and deal o mmtloned, and an oath stated that wlhorhed to execute the Bala Wslrummt mtl mat me Leal aM.•d (If my) b the corporote sed of cold —p—tion. Mines. my hood and ofOcbl nal hereto .01d man .se day d yew IVa obove oitt— Notary Public N and fm the Slate of W=1,,glm, resldNg of My appolnlment evves DEDICATION KNOW ALL MEN BY THESE PRESENT That we, the undersigned people with interest in the herein described property, do hereby declare subdivide and plot as herein described, and dedicate to the use of the public forever all roads, streets, avenues, places or whatever public property shown hereon. IN IVITNESS WHEREOF, We have set our hands and seats. CLE ELUM PINES WEST, LLC, A WASHINGTON LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT STATE OF WASHINGTON ) COUNTY OF _ ) s... On lhB _ soy of 200— belwe m., the undw.l9ned. a Nelwy, Publlc N and for the Stale of Washinglm, duly ommMelmed and.e— Pw.maey -PP-`"`dto me k— to be the P ... Wmt and Secretary. resp.cuwly. of the c"oration that ...cut. the ImagoV,g Hsirumml, and acknowledged me sold Instrument to be the free and vdunlmy act and tls.d of sold corpwallan, la Ins u.a mtl Purpo•n mwein mmllaned, mtl m oath slated Ihol wmwlied to •.ewts the aald Instrument and that the sed Wfl.ed (1f any) W m. CM—t. —1 of sold corpwallon. Witness my hmd and ollkld .ed fl h Belo Willed the day and year et above Hill... Nolwy Pubic in and for the State of Waehinglm, —Wing of My appohimmt avke, PALOMINO FIELDS PLAT PTN. W112 OF SECTION 27, T.18N., R.18E., W.M. KITTITAS COUNTY, STATE OF WASHINGTON EXISTING F .A DESCRIPTION, pAR[Fl 1: THAT PORTIO OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER LYING EAST OF THE CENTER UNE Or THE CHANNEL OF REELER CREEK. AS LOCATED IN OCTOBER J. 1957, IN SECTION 17, TOWNSHIP IB NORTH. RANGE IB EAST, W.M.. IN ME COUNTY OF KITTITAS STATE OF WASHINGTON; AND THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27. IN TOWNSHIP IB NORM, RANGE 18 EAST. WM. IN THE COUNTY OF KITTITAS STATE OF WASHINGTON: EXCEPTING THEREFROM: A TRACT OF LAND BOUNDED BY A UNE DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER O' SAID SECTION 27. AND RUNNING THENCE SOUTH 15' WEST, 1.321.5 FEET.• THENCE NORTH 8975' REST 500 FEET THENCE NORTH 2747* WEST. 5,38 FEET, THENCE NORTH 22' WEST. 879 FEED THENCE NORM 5970' EAST, 79.8 FLET, THENCE EAST 85176 FEET, THENCE SOUTH 334.09 FEET TO THE PONT OF COMMENCEMENT. THE RIGHT or WAY OF THE CANAL OF THE ELLENSBURG WATER COMPANY (TOWN ITCH). Am ] THE NORTHWEST QUARTER OF THE NORTHWEST GUARIER OF SECTION 27, TOWNSHIP 18 NORTH, RANCE 18 EAST, W.M., ill ME COUNTY OF KITTITAS STATE OF WASHINGTON; EXCEPT THAT OR PTION LYING EAST OF THE CENTER LINE OF THE CHANNEL OF REECER CREEK AS LOCATED ON OCTOBER 1 1967. AND ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 18 NORTH. RANGE IS EAST, W.M., IN THE COUNTY OF KITTITAS STATE OF WASHINGTON. LYING NORM AND WEST O' THE CENTER LINE OF THE CHANNEL OF REELER CREEK AS LOCATED ON OCTOBER A 1967, AND NORTH AND EAST OF THE NORTHEASTERLY BOUNDARY LINE OF THE RIGHT CF WAY OF THE CHICAGO MILWAUKEE, Sr. PAUL AND PACIFIC RAILROAD COMPANY: PARCELS F. G. H AND K OF THAT CERTAIN SURVEY AS RECORDED FEBRUARY 20, 1997, IN BOOK 72 OF SURVEYS. PAGES 174 AND 175, UNDER AUDITORS FEE NO. 199707200014, RECORDS O' KITTITAS COUNTY, WASHINGTON; EXCEPTING ANY PORTION OF SAID PARCELS F AND C. LYING WITHIN THE COWBOY SNORT PLAT KITTITAS COUNTY SHORT PLAT NO, 04-04, AS RECORDED OCTOBFR-4. 2004, IN BOOK C OF SHORT PLATS PAGES 202 AND 203. UNDER AUOTCYS Flt£ NO 2004100400,31, RECORDS Or KITTITAS COUNTY, STATE OF WASHINGTON. THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER TAX NO. 18 NOTES: 1. THIS SURVEY WAS PERFORMED USING A NIKON DYM-511 TOTAL STATION. THE CONTROLLING MONUMENTS AND PROPERTY CORNERS SHOWN HEREON WERE LOCATED, STAKED AND CHECKED FROM A CLOSED FIELD TRAVERSE IN EXCESS OF 1:10,000 LINEAR CLOSURE AFTER AZIMUTH AUNSTMENT. 2. A PUBLIC UTILITY EASEMENT 10 FEET IN WIDTH IS RESERVED ALONG ALL LOT LINES THE 10 FOOT EASEMENT SHALL ABUT THE EXTERIOR PLAT BOUNDARY AND SHALL BE DIVIDED S FEET ON EACH SDE OF INTERIOR LOT LINES J. PER RCW 17.10.140 LANOOBNERS ARE RESPONSIBLE FOR CONTROLLING AND PREVENTING THE SPREAD OF NOXIOUS WEEOS ACCORDINGLY, THE KITTITAS COUNTY NOXIOUS WEED BOARD RELOMENDS IMMEDIATE RESEEDING or AREAS oiswwD BY DEVELOPMENT TO PRECLUDE THE PROLIFERATION OF NOXIOUS NEEDS 4. ANY FURTHER SUBDIVISION OR LOTS TO BE SERVED BY PROPOSED ACCESS MAY RESULT IN FURTHER ACCESS REQUIREMENTS, SEE KITTITAS COUNTY ROAD STANDARDS. 5. AN APPROVED ACCESS PERMIT WILL BE REQUIRED FROM THE DEPARTMENT or PUBLIC WORKS PRIOR TO CREATING ANY NEW DRIVEWAY ACCESS OR PERFORMING WORK WITHIN THE COUNTY ROAD RIGHT -CF -WAY. 5. THIS SURVEY DOES NOT PURPORT TO SNOW ALL EASEMENTS Or RECORD OR OTHERWISE. 7. MAINTENANCE OF ME ACCESS IS THE RESPONSIBILITY Or THOSE WHO BENEFIT FROM ITS USE. B. PURSUANT TO RCW 9044.050, THE CUMULATIVE EFFECT O' WATER WITHDRAWALS FOR THIS DEVELOPMENT SHALL NOT EXCEED 5,000 GALLONS PER DAY. RECEIVING NUMBER_________________ P-07—XX NOTE: THE EXISTING UTILITIES AS SHOWN ARE ONLY APPROXIMATE AND ARE BASED O THE BEST AVAILABLE INFORMATION. IT SHALL BE THE CONTRACTOR'S REVON901UTY TO VERIFY THE SIZE. TYPE LOCATION, AND DEPTH O' ALL EXISTING UTILITIES PRIOR TO STARTING CONSTRUCTION. AND INFORM THE DESIGN ENGINEER Or ANY DISCREPANCIES Call Before You Dig 1-800.663-4344 RECORDER'S CERTIFICATE "Y Y, 5 1001 r'TS:zswuTily ♦0 p..,41 Pay°41pa oe a 14 LS 1sW7 °rats* yQYAI. I.Atfl EXPIRES. T M Oe Filed for record this......... day of ............ 20......at........M in book..... of......................at page ............ at the request of DAVID P. NELSON ...............-.............. Surveyor'. Name ................................................................................. County Auditor Deputy County Auditor SURVEYOR'S CERTIFICATE This mop correctly represents a survey made by me or under my direction in conformance with the requirements of the Survey Recording Act at the request of...41.E. 01M..P.IN1;5.. ..(6 .. in....MA1:.....20D7.. bS/ts/nl ND P. NELSON DATE Certificate No.....1909.2....... Encompass k' ENGINEERING d SURVEYING `� 108 EAST 2ND STREET CLE ELUM, WA 98922 PHONE: (508) 674.7433 FAX: (509) 974.7419 PALOMINO FIELDS PLAT PTN. W112 OF SECTION 27, T.18N., RASE., W.M. KITTITAS COUNTY, STATE OF WASHINGTON G. WEISER 1 05/07 1 07094 Exhibit G l Palomino Fields Description of the Development Staging and Phasing Plan for the Development and Platting of the Palomino Fields Parcels This Staging and Phasing plan is for the development of the Palomino Fields Plat (Project) and it's timing is a best -case scenario. The actual time line for the development and platting of the Palomino Fields parcels process is unknown, as the time line will vary depending on various issues being resolved, items and processes, including but not limited to, the various Kittitas County approval process. The time line of the Staging and Phasing plan is also effected by approvals outside of the Kittitas County process, including but not limited to, domestic water right transfer and other approvals processed by the Washington State Department of Ecology (Preliminary Permit already issued by DOE: G4- 35739), water system plan approvals processed by the Washington State Health Department, and storm water plan approvals processed by the Washington State Department of Ecology. In addition the development and construction Stages and Phases of the Project will vary depending, including but not limited to, market conditions, weather, financing, and other unforeseen impacts outside of Kittitas County's and the Developer's ability to control. The Staging and Phasing plan and time line provided herein may be accelerated or delayed depending on these known and other unknown factors. It is planned to construct one or more Phases per building season. The Project is projected to be completed within 20 years. The proposed development and construction time line for the Palomino Fields project is attached hereto. Though timing of the development of the Stages and Phases may change from the proposed time line, attached hereto, the order of the Stages and Phases, as provided herein should remain consistent. Each Phase, as completed, shall be presented to Kittitas County for final plat approval independent of any other Stage or Phase being completed or bonded. Upon completion of any phase the Developer shall present Kittitas County the proper platting documentation and Kittitas County shall approve the final plat of that phase within 14 days of the submittal of a complete and accurate set of final platting documents. The development of two wells, as approved by the Department of Ecology, to serve the project has been completed. Landscaping and irrigation may proceed any Stage or Phase. Stage 1 will include road construction and all infrastructure construction for the first Stage of the development and final plating of the first 8 parcels within this stage. This Phase is marked on the attached Map as S1 P1. A sales office and/or model home may be constructed prior to, during or anytime after Stage 1 Phase 1. The development and construction of a crossing of the Ellensburg Water Company irrigation ditch shall received design approval from Kittitas County. This crossing may be constructed prior to, during or anytime after Stage 1 Phase 1 is started or completed. Stage 2 will include the development of the preliminary approved parcels, as shown on the approved preliminary plat, located east of Currier Creek not including the parcels developed in Stage 1 above. Stage 2 contains 81 parcels and 2 tracks for parks and open space to be constructed in 12 (twelve) Phases. These Phases are marked on the attached Map as S2P1 through S2P12. Stage 3 will include the development of the parcels, as shown on the approved preliminary plat, located west of Currier Creek not including the parcels developed in Stage 1 and Stage 2 above in 4 (four) Phases. Stage 3 contains 30 parcels and 2 tracks for parks and open space. These Phases are marked on the attached Map as S3P1 through S3P4. Infrastructure construction for Phase S3P1 and S3P2 may be constructed and receive final plat approval, including a crossing of Currier Creek, at any time during the development of the Palomino Fields plat as it provides access to an adjoining parcel of land. The Currier Creek crossing may be constructed at any time. The following is a description of each Stage and Phase of the Palomino Fields project. Attached to this Exhibit is a best -case scenario time line which may be effected as described above. Stage 1, Phase 1. Phase 1 will include the development of the first 8 parcels that are located between Reecer Creek Road and the Ellensburg Water Company's canal. This phase will include the Bowers Road extension from Reecer Creek Road to the Ellensburg Water Company canal. Inaddition an acceleration lane on Reecer Road will be constructed during this phase. It is anticipated that Phase 1 will be completed by June of 2016. In addition prior to or during Phase 1 or during any following phase, a model home and/or a real estate sales office may be constructed on lots 72 and/or 73 and operated during the life of the project. The model home and/or a real estate sales office may be accessed, during the life of the project, directly off of Reecer Creek road on a temporary driveway that is located across from where Bender road intersects with Reecer Creek road. The model home and/or a real estate sales office may be served, on a temporary bases, by a 50 gallon, or larger, cistern for potable water, community drain field, and infrastructure from facilities located on Reecer Creek road, including but not limited to, power, phone, internet and cable television until such time that Stage 2 Phase 5 is completed and all services are brought to these lots. Irrigation may be provided by the Ellensburg Water Company out of its ditch for the model home and/or a real estate sales office. A group B water system will be developed to serve this phase from the existing well. This group B water system will be absorbed into the Palomino Fields Group A water system during the development and construction of Stage 2 Phase 1. Stage 2, Phase 1. This phase includes infrastructure construction including domestic water, irrigation water, storm water, dry utilities, community drain fields and all other required items to complete this Phase and receive final plat approval from Kittitas County. The crossing of the Ellensburg Water Company canal my occur prior to or during the development and construction of this phase. A Group A water system will be developed to serve this, and the entire, Palomino Field development. The Group B water system that was developed to serve Stage 1 Phase 1 will be absorbed into the Palomino Fields Group A water system at the conclusion of this phases development. Any open space and/or parks included in this phase will also be constructed. Road(s) will be extended to serve the parcels included in the development of this Phase. If required a temporary cul de sac meeting Kittitas County requirements will be constructed. This Phase will include the development of 9 parcels as shown on the attached preliminary plat map as S2P1. Stage 2, Phase 2. This phase includes infrastructure construction including the phased expansion and construction of the Group A domestic water system, irrigation water, storm water, dry utilities, community drain fields and all other required items to complete this Phase and receive final plat approval from Kittitas County. Any open space and/or parks included in this phase will also be constructed. Road(s) will be extended to serve the parcels included in the development of this Phase. If required a temporary cul de sac meeting Kittitas County requirements will be constructed. This Phase will include the development of 5 parcels as shown on the attached preliminary plat map as S2P2. Stage 2, Phase 3. This phase includes infrastructure construction including the phased expansion and construction of the Group A domestic water system, irrigation water, storm water, dry utilities, community drain fields and all other required items to complete this Phase and receive final plat approval from Kittitas County. Any open space and/or parks included in this phase will also be constructed. Road(s) will be extended to serve the parcels included in the development of this Phase. If required a temporary cul de sac meeting Kittitas County requirements will be constructed. This Phase will include the development of 7 parcels as shown on the attached preliminary plat map as S2P3. Stage 2, Phase 4. This phase includes infrastructure construction including the phased expansion and construction of the Group A domestic water system, irrigation water, storm water, dry utilities, community drain fields and all other required items to complete this Phase and receive final plat approval from Kittitas County. Any open space and/or parks included in this phase will also be constructed. Road(s) will be extended to serve the parcels included in the development of this Phase. If required a temporary cul de sac meeting Kittitas County requirements will be constructed. This Phase will include the development of 5 parcels as shown on the attached preliminary plat map as S2P4. Stage 2, Phase 5. This phase includes infrastructure construction including the phased expansion and construction of the Group A domestic water system, irrigation water, storm water, dry utilities, community drain fields and all other required items to complete this Phase and receive final plat approval from Kittitas County. Any open space and/or parks included in this phase will also be constructed. Road(s) will be extended to serve the parcels included in the development of this Phase. The model home and/or real estates sales office will continue to be accessed from the driveway off of Reecer Creek road across from Bender Road. This Phase will include the development of 6 parcels as shown on the attached preliminary plat map as S2P5. Stage 2, Phase 6. This phase includes infrastructure construction including the phased expansion and construction of the Group A domestic water system, irrigation water, storm water, dry utilities, community drain fields and all other required items to complete this Phase and receive final plat approval from Kittitas County. Any open space and/or parks included in this phase will also be constructed. Road(s) will be extended to serve the parcels included in the development of this Phase. If required a temporary cul de sac meeting Kittitas County requirements will be constructed. This Phase will include the development of 9 parcels as shown on the attached preliminary plat map as S2P6. Stage 2, Phase 7. This phase includes infrastructure construction including the phased expansion and construction of the Group A domestic water system, irrigation water, storm water, dry utilities, community drain fields and all other required items to complete this Phase and receive final plat approval from Kittitas County. Any open space and/or parks included in this phase will also be constructed. Road(s) will be extended to serve the parcels included in the development of this Phase. If required a temporary cul de sac meeting Kittitas County requirements will be constructed. This Phase will include the development of 7 parcels as shown on the attached preliminary plat map as S2P7. Stage 2, Phase 8. This phase includes infrastructure construction including the phased expansion and construction of the Group A domestic water system, irrigation water, storm water, dry utilities, community drain fields and all other required items to complete this Phase and receive final plat approval from Kittitas County. Any open space and/or parks included in this phase will also be constructed. Road(s) will be extended to serve the parcels included in the development of this Phase. If required a temporary cul de sac meeting Kittitas County requirements will be constructed. This Phase will include the development of 5 parcels as shown on the attached preliminary plat map as S2P8. Stage 2, Phase 9. This phase includes infrastructure construction including the phased expansion and construction of the Group A domestic water system, irrigation water, storm water, dry utilities, community drain fields and all other required items to complete this Phase and receive final plat approval from Kittitas County. Any open space and/or parks included in this phase will also be constructed. Road(s) will be extended to serve the parcels included in the development of this Phase. If required a temporary cul de sac meeting Kittitas County requirements will be constructed. This Phase will include the development of 6 parcels as shown on the attached preliminary plat map as S2P9. Stage 2, Phase 10. This phase includes infrastructure construction including the phased expansion and construction of the Group A domestic water system, irrigation water, storm water, dry utilities, community drain fields and all other required items to complete this Phase and receive final plat approval from Kittitas County. Any open space and/or parks included in this phase will also be constructed. Road(s) will be extended to serve the parcels included in the development of this Phase. If required a temporary cul de sac meeting Kittitas County requirements will be constructed. This Phase will include the development of 7 parcels as shown on the attached preliminary plat map as S2P10. Stage 2, Phase 11. This phase includes infrastructure construction including the phased expansion and construction of the Group A domestic water system, irrigation water, storm water, dry utilities, community drain fields and all other required items to complete this Phase and receive final plat approval from Kittitas County. Any open space and/or parks included in this phase will also be constructed. Road(s) will be extended to serve the parcels included in the development of this Phase. If required a temporary cul de sac meeting Kittitas County requirements will be constructed. This Phase will include the development of 9 parcels as shown on the attached preliminary plat map as S2P11. Stage 2, Phase 12. This phase includes infrastructure construction including the phased expansion and construction of the Group A domestic water system, irrigation water, storm water, dry utilities, community drain fields and all other required items to complete this Phase and receive final plat approval from Kittitas County. Any open space and/or parks included in this phase will also be constructed. Road(s) will be extended to serve the parcels included in the development of this Phase. If required a temporary cul de sac meeting Kittitas County requirements will be constructed. This Phase will include the development of 7 parcels as shown on the attached preliminary plat map as S3P12. Stage 3, Phase 1. This phase includes infrastructure construction including the phased expansion and construction of the Group A domestic water system, irrigation water, storm water, dry utilities, community drain fields and all other required items to complete this Phase and receive final plat approval from Kittitas County. The Currier Creek Crossing construction will be constructed during this phase if not previously constructed. Any open space and/or parks included in this phase will also be constructed. Road(s) will be extended to serve the parcels included in the development of this Phase. If required a temporary cul de sac meeting Kittitas County requirements will be constructed. This Phase will include the development of 9 parcels as shown on the attached preliminary plat map as S3P1. Stage 3, Phase 2. This phase includes infrastructure construction including the phased expansion and construction of the Group A domestic water system, irrigation water, storm water, dry utilities, community drain fields and all other required items to complete this Phase and receive final plat approval from Kittitas County. Any open space and/or parks included in this phase will also be constructed. Road(s) will be extended to serve the parcels included in the development of this Phase. If required a temporary cul de sac meeting Kittitas County requirements will be constructed. This Phase will include the development of 5 parcels as shown on the attached preliminary plat map as S3P2. Stage 3, Phase 3. This phase includes infrastructure construction including the phased expansion and construction of the Group A domestic water system, irrigation water, storm water, dry utilities, community drain fields and all other required items to complete this Phase and receive final plat approval from Kittitas County. Any open space and/or parks included in this phase will also be constructed. Road(s) will be extended to serve the parcels included in the development of this Phase. If required a temporary cul de sac meeting Kittitas County requirements will be constructed. This Phase will include the development of 7 parcels as shown on the attached preliminary plat map as S3P3. Stage 3, Phase 4. This phase includes infrastructure construction including the phased expansion and construction of the Group A domestic water system, irrigation water, storm water, dry utilities, community drain fields and all other required items to complete this Phase and receive final plat approval from Kittitas County. Any open space and/or parks included in this phase will also be constructed. Road(s) will be extended to serve the parcels included in the development of this Phase. If required a temporary cul de sac meeting Kittitas County requirements will be constructed. This Phase will include the development of 9 parcels as shown on the attached preliminary plat map as S3P4. (Votes Effecting Stages 1, 2 and 3. Amenity and recreation facility construction and operation, including indoor and outdoor facilities, if built, may be built and operated during the construction of any Stage or Phase. Recreation use of the property may precede any development of any Stage. Farming may continue on the undeveloped portions of land during the development Stages. Building Permits and home construction may proceed during the construction and prior to final plating or bonding of the current Phase under construction with Occupancy Permits for said home construction issued upon and simultaneously with final plating or bonding of said Phase. , The project may be developed over a period of 20 years with a possible five-year extension. It is the Project's goal to be complete within a twelve-year period but as has been experienced during previous years political, environmental, economic, and development cycles may increase or decrease the development period of the Project. Therefore, the phases and the development period may be slowed or accelerated as circumstances requires or allow. Market and/or weather or seasonal conditions may impact the rate of development. The Project may be accelerated if approvals and conditions allow for said acceleration. The Project may be slowed if approvals, market conditions and/or other conditions cause said slowing. If approvals occur later then planned or if other actions or conditions delay development the Staging and Phasing of the Project the entire Project may be delayed. The progress of the development of the parcels that include but are not limited to utilities, the transportation corridor and platting delays may accelerate or delay the development of the parcels. The Project is designed in such a manner that each Phase may follow the proceeding Phase but Phases may be constructed simultaneously and at some times out of order. Infrastructure construction may be constructed beyond the current Phase that is under construction. 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N N � i oW J �• j /• y� �a p ¢ Jo�a� w i � o ;riwo+� �� INn I � z W ♦� a� Q Oc ¢ c aay ¢ I I`I��f <zZ� z_ ;�o$nm.: <zamn i I o yLL.¢ w d €w O a <SU I In I I I'm w LL<UmNm I U < O O O 0 6 p•' � �� " � o � �s'^�m a €�az z u ��ZFrmm= ¢ U �iaN^m o i o z <�nmo`d I'n a rzom IS `uWi z i i3, I J<� U� c a u s �,mli�w o s$ �iS W n o a� �a vin ^�o � K �w?w^$ o r'a' m a )u)3 pa l'• �••• .' > < .�..� OUS w 4 Y 4 w= OOH Y W z 1 < F I s~ �`��`�`••�/ a a o wwFZ o o ¢zoorcou Noor m rcxodo� z o Uz I r v. rnW3w� ? w lig" v k<' 2"IS lo i ozwcni „�s` < Uzi i F m 4 F a¢ z alomo m mw uwCi cca I<- i� W< �TF4 F X I F k of 0- F w i a 0 Y s x hi b (A i -i KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES -. 411 N. Ruby St., Suite 2, Ellensburg, WA 98926 CDSQ)..CO.KITTITAS_N'A.I;S Office (509) 962-7506 Fax (509) 962-7682 Stl77TIaS COL'.YIS' !{ 1 . - � ;'�;:c1 ',� w'^7 'm:. !�-+ ^�-s*" n27Sik'vap, a..�, x'+`fi•-"Y" d%-- } +".�'..,-os.%=}..•,r,�a LONG PLAT APP LICATI®N (To divide lot into S or more lots) KITTITAS COUNTY ENCOURAGES THE USE OF PRE -APPLICATION MEETINGS. PLEASE CALL THE DEPARTMENT IF YOU WOULD LIKE TO SET UP A MEETING TO DISCUSS YOUR PROJECT. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. PLEASE TYPE OR PRINT CLEARLY IN INK. ATTACH ADDITIONAL SHEETS AS NECESSARY. THE FOLLOWING ITEMS MUST BE ATTACHED TO THIS APPLICATION PACKET: REOUIRED ATTACHMENTS Ten large copies of plat with all preliminary drawing requirements complete (reference KCC Title 16 Subdivision Code for plat drawing requirements) and one small 8.5" x 11" copy Address list of all landowners within 300 feet of the site's tax parcel. if adjoining parcels are owned by the applicant, the 300 feet extends from the farthest parcel. If the parcel is within a subdivision with a Homeowners or Road Association, please include the address of the association. E] SEPA Checklist (Only required if your subdivision consists of 9 lots or more. Please pick up a copy of the Checklist if required) OPTIONAL ATTACHMENTS (Optional at preliminary submittal, but required at the time of final submittal) ❑ Certificate of Title (Title Report) ❑ Computer lot closures FEES: $200 plus $10 per lot for Public Works Department; $625 plus $75 per hour over 12.5 hours for Environmental Health Department; $1500 for Community Development Services Department, PLUS $225 if SEPA Checklist is required *One check made payable to KCCDS FOR STAFF USE ONLY I CERTIFY THAT I R$CENED T- APPI ICAT}i0 Gr<' lr F 3 �- t SIGNATiTIE C x} x, 4i , ,I"i?A1 E a t n RECEII'fi €00 tEji A „ 'E'�... �d ry '' •zr'�Y ice" ((fi�n L V 4! � ,r r�r1C.• >v� rd: ,_.s ,.:_:�-_.: .y.,v:„kp..:•�. 6,.r-...E:.�.;.^ <:_a«....,. .. .a .,....:r.:i:: E\i f 1 t f �'. (� f c z >e -ti +d u m sA "c' ice',,�-�. 'aAtM r 'Srt -Z -a qi -t y", sa la . [� ('Y NOTE) %'.',;, y -3 7 .i �'4ri, '`ir��a�3 4L': ^ t,v1Vfi+•�1,p, F h, :v C7 1 ^r�s.'i� �' -r' �i �...{ r a, a 2o''Z a_. zi C4" ra�. hrckl s ..fi yn^_5^'vgr.,.�tl c "> t>..s.; rxt s~i 1,°�� r•>sjti''F�. w f tl 2r Ft ti l �?g L +r z i; Flu P t - -.,. f.,:: ` P.:4 ...:. L:r:,�'.''i r.'st�:`•..'^ r.._..'=.. _.� . _'s, c _... �`_ Irv.:;. - .,.... ... ...-- -a _. DARRYL PIERCY, DIRECTOR ALLISON KMBALL, ASSISTANT DIRECTOR COMMUNITY PLANNING BUILDING INSPECTION PLAN REVIEW ADMINISTRATION PERMIT SERVICES CODE ENFORCEMENT FIRE INVESTIGATION 1. Name, mailing address and day phone of land owner(s) of record: Name: Cie Elum Pines West, Cie Elum Pines East & Michael Cordner Cie Elum Pines West Mailing Address: PO Box 808 City/State/ZIP: Cie Elum WA 98922 Cie Elum Pines East Mailing Address: PO Box 808 City/State/ZIP: Cie Elum WA 98922 The Cordner's Address 1380 Watson Road Ellensburg, WA 98926 Day Time Phone: Email Address: 2. Name, mailing address and day phone of authorized agent (if different from land owner of record): Agent Name: Terra Design Group. Inc. Mailing Address: PO Box 686 City/State/ZIP: Cie Elum, WA 98922 Day Time Phone: Email Address: 509-857-2044 3. Contact person for application (select one): Owner of record X Authorized agent All verbal and written contact re ardinQthis application will be made only with the contact person. 4. Street address of property: Address:Reecer Creek Road City/State/ZIP: Ellensburg WA 98926 5. Legal description of property: 6. Tax parcel number(s): 18-18-27020-0002 (32.77 acres), 18-18-27020-0003(25.77 acres), 18-18- 27020-0015(30 acres), 18-18-27020-0016(15.77 acres), 18-18-27020-0017(8 acres), & 18-18-27020-0001 (8.49 acres) 2 of 3 Property size: 120.8 acres 8. Narrative project description: Please include the following information in your description: describe project size, location, water supply, sewage disposal and all quantitative features of the proposal; include every element of the proposal in the description (be specific, attach additional sheets if necessary): This is a proposed planned 120 Lot Preliminary Plat pursuant to Kittitas County Code 17.20. This property has been approved by the Kittitas County Board of County Commissioners, with the adopted updated Kittitas County Comprehensive Plan, to be included into the Ellensburg Urban Growth Area (UGA). This action is consistent with the recommendation from the Ellensburg's City Council The planning for this project began prior to the inclusion of the property into the Ellensburg UGA. This project meets the Preliminary Plat criteria for a 120 lot plat within the Kittitas County's Suburban zoning. This Preliminary Plat meets all of criteria for platting within Kittitas County. Prior to being included into the Ellensburg Urban Growth Area this property was already zoned Suburban for quite some time. Whether this property is within or outside of the urban growth area this proposed plat is consistent with the existing suburban zone that the property falls under. Those associated uses, such as permitted and conditional uses and lot sizes requirements that are allowed within the Suburban zone are consistent with this proposal whether inside or outside of the urban growth area. The main goal of this project is to provide, within the current zoning as allowed by Kittitas County, a selection of building lots for those individuals that desire to have property with urban services close to the City of Ellensburg that provide adequate land for maintaining horses and other large animals for personal use or for those that whish to maintain large gardens and small agriculture activities. The Ellensburg area is known nation wide for the Ellensburg Rodeo that occurs yearly on Labor Day weekend. Horses and other large animals continue to play a large part of daily life for many of the residents living in the Ellensburg area. The lots included with in this proposed preliminary plat for provide enough room for one to four horses for private use such as trail riding, reining, and 4H participation. The land associated with this preliminary plat has direct access to the John Wayne Trail, a trail that lends itself to equestrienne use. The proposed preliminary plat includes four to five Pocket Parks which includes a small pond, a 200 foot riparian corridor (one hundred foot buffer on both sides of Currier Creek) centered on Courier Creek, and trails located within the riparian corridor. The purpose and intent of the Kittitas County's Surbran zoning is as follows: 17.20. 010 Purpose and intent. The purpose and intent of the suburban zone is to provide for andprotect low density semi -rural residential development chiefly in outlying transitional areas where a mixture of residential and traditionally rural land uses will be compatible. As discussed above, this Preliminary Plat meets the purpose and intent of this section of the Kittitas County Zoning Code by providing land for use by individuals that have a desire to live in an area where a variety of uses ranging from gardening including small agriculture uses to keeping horses and other large animals for personal uses. Uses allowed for this zone specifically provide for the type pf residential development that this Preliminary Plat proposes to provide as follows: 17.20.020 Uses permitted 3 of 3 2`' The following uses are permitted: Single family homes not including mobile homes or trailer houses; Residential accessory buildings; All types of agriculture and horticulture not otherwise restricted or prohibited herein; The raising of animals (excluding swine and mink), providing an area of not less than one acre is available, The Preliminary Plat proposal encompasses a total of approximate 120.8 acres consisting of multiple tax parcels. The land is currently undeveloped and unused. The land in the past has been used as agricultural land. The land is served by the Ellensburg Water Company with full irrigation rights that will provide each of the proposed lots with adequate irrigation for maintaining irrigated pastureland for horse grazing. This site is located off of Reecer Creek Road. Proposed water supply, storage and distribution system sewage/disposal/treatment Plan solid waste collectjon Plan; Utility Extension Agreement: The applicant for this proposal intends to request a Utility Extension Agreement to be entered into by the City of Ellensburg and the applicant. This Utility Extension Agreement would allow the City of Ellensburg to provide the proposal with municipal water and sewage treatment by the City of Ellensburg's sewage treatment facility. Both the water and sewer facilities of the City of Ellensburg have the capacity to serve this property. Both the water and sewer facilities have distribution and collection systems located adjacent to the proposal. If the applicant is denied the option of entering into a Utility Extension Agreement with the City of Ellensburg then the applicant would proceed to develop water and sewer facilities on the site of the proposed development. Option 1: Applicant Development of Group A Water System as an Alternative to City Of Ellensburg Water Service: If the City of Ellensburg declines to provide the project with water service, the applicant, who owns a number of senior water rights associated with the proposed project, will develop a Group A water system to serve the property. One of the senior water rights would be converted from a surface water right to a ground water right and used to serve the domestic water required for this proposal. This water right would then be used as the basis to form a Group A water system which would be approved by the Washington State Department of Health (DOH). The Group A water system would be managed by LCU, Inc, an approved Satellite Management Agency approved by the DOH and Kittitas County. Irrigation water would be provided through the other existing rights. Option 2: Applicant Development of Class A Reclaimed Water System as an Alternative to City Of Ellensburg Sewer Services: The applicant has an agreement with LCU, Inc., a private utility company, to produce a plan for providing sewer services to this proposal through the development of a Class A Reclaimed Water system as provided for in RCW 90.46 if the City of Ellensburg declines to serve the proposal with sewer collection service. This planning for said Class A reclaimed Water System will start if the applicant is denied access to the City of Ellensburg utilities through an Utility Extension Agreement. LCU, Inc. is currently in the process of building the first Class A Reclaimed Water System in the county in the Ronald area. The system that is proposed for this project will be similar in design and operation as the approved Ronald Class A Reclaimed Water Facility. The Class A Reclaimed Water Facility will be approved through the Washington State Department of Health and permitted by the Washington State Department of Ecology. The existing community drain fields may be used within the design of the Class A Reclaimed Water Facility. This reclaimed water facility will be operated by a qualified operating entity and will serve the property included within this proposal. That service area will be compatible with the service area of LCU, Inc.'s Group A Water System that will be also serving the property that this proposal covers. 4 of 3 This facility will take domestic sewage from the project and treat it to a level that meets or exceeds Class "A" Reclaimed Water requirements. These requirements are the highest standards recognized by Department of Health and Department of Ecology and allow that water to be put to beneficial use. Class "A" reclaimed water is suitable for many beneficial uses including, but not limited to, irrigation of food and non-food crops, landscape irrigation, impoundments for landscape and recreational uses, construction water, fire fighting/protection, aquifer recharge, and stream enhancement. The standards for Class "A" Reclaimed Water established by the Department of Health and the Department of Ecology require treatment and disinfection to a level that is far above what conventional wastewater treatment facilities are required to provide. The standards also require automated alarms, redundancy of treatment units, emergency storage, and stringent operator training and certification to meet reliability criteria. Elimination of septic systems and treatment of wastewater from the project to these high standards provides for increased benefit to Public Health far above that which is seen in conventional wastewater treatment plants or soil based treatment of septic systems. Initially the early phases of the development will be served by community septic systems. This type of treatment will continue until the volume of effluent generated by the development reaches an adequate level (approximately 10,000 gallons per day) to sustain the operation of the Class A Reclaimed Water Facilities. As the volume of effluent approaches the needed flows to operate the Class A Reclaimed Water Facility the facility will be designed and constructed and take over the treatment of the effluent generated by the proposed development. The system will be sized to adequately treat and reclaim the domestic sewage from the residences and facilities served by the Group A Water system that would serve this property. Construction of this reclaimed water facility will include a central treatment facility, underground collection and distribution systems, and storage facilities. The system will continue to use the community drain fields as an alternate location to dispose of the reclaimed water as allowed by the Class A Reclaimed Water plan for this project. Power will be provided by either Puget Sound Energy or Kittitas County Public Utility District. Telephone will be provided by Fairpoint Communications Internet will be provided by: The local providers of this service. Cable Television will be provided by: Charter Communications Solid Waste will be provided by: Waste Management Sufficient Irrigation Water and Water rights are available for irrigation purposes for all of the lands associated with this proposal. The subject property is bordered to the west by existing agricultural ground. To the south the property is bordered by the John Wayne Trail and beyond that by one to two acre lots. To the east the property is bordered by Reecer Creek Road and beyond that is the Black Horse Planned Unit Development, a 325 unit development. The north property is bordered by the Ellensburg Water Company's irrigation canal and beyond that there are residential lots varying in size from two plus acres to ten plus acres and additional bordered by agricultural lands. This Preliminary Plat will be accessed off of Reecer Creek Road and then will use an internal road network, made up of private roads. This internal road network will have two access points off of Reecer Creek Road. 5 of') There will be additional access to the west onto adjacent property owned by the applicant. The approximate intersection points on Reecer Creek Road are included on the Preliminary Plat. The actual intersection points on Reecer Creek Road will be designed and presented to the county during the final plat process. This transportation planning will be coordinated with the county. The community may be designed as a gated community. There will be a minimum of two off street parking places per unit, which exceeds the requirement of KCC 17.20 and 17.16. This proposed preliminary plat is consistent with the Kittitas County Comprehensive Plan, by directing urban growth to the urban growth area, as the land use designation for this proposal is within the Ellensburg Urban Growth Area and the accessibility of urban types of services that are allowed within the UGA eliminates and lessens impacts to developments throughout Kittitas County. Further, this level of development is allowed by the Suburban zone (KCC 17.20) in either case of being in or out of the Urban Growth Area. This proposal contains one stream that travels through the property, Currier Creek. During the development period of the property the riparian area of Currier Creek will be protected as the Applicant proposes to prepare a riparian management plan for Currier Creek and implement it during the development period of the project. Passive and activity recreation activities/uses as defined in KCC 16.09, will serve this preliminary plat. The recreation activity will include a trail system throughout the subject property, which will travel through the designated open space areas. These trails will be by the residents of the development, allowing for horse trail riding, outdoor riding areas as well as bicycle riding paths. The trail system may also connect to the John Wayne Trail, if allowed by the Washington State Parks Department, and will provide access for picnicking, territorial viewing locations for bird watching and other wildlife viewing areas within the designated open space. A community center could possibly be developed and used by the residents of the development to serve as a meeting place, banquet place, etc. The following is a review of the Kittitas County Code Section 17.20 "Suburban" and a description as to how this Preliminary Plat meets all of the Criteria: Chapter 17.20 S - SUB URBAN ZONE* Sections 17-20. 010 Purpose and intent. 17.20.020 Uses permitted. 17.20.030 Lot - Size required. 17.20.040 Lot - Maximum coverage. 17.20.050 Maximum structure height. 17.20.060 Yard requirements. 17.20.070 Repealed. 17.20.080 Temporary stands. 17.20.090 Grazing. 17-20. 100 Lots abutting right-of-way required for dwellings. 17.20. 110 Conditional uses. * Prior history: Ords. 76-7, 76-3, 74-5, 72-8, 72-5, 71-5, 69-7, 68-17, 2. 17.20. 010 Purpose and intent. The purpose and intent of the suburban zone is to provide for and protect low density semi -rural residential 6 of 3 development chiefly in outlying transitional areas where a mixture of residential and traditionally rural land uses will be compatible. (Ord. 83-Z-2 (part), 1983: Res. 83-10, 1983). This Preliminary Plat meets the intent of this section as it is providing housing at a lower density then can be expected and found in many of the areas of the city limits of Ellensburg In addition as this Preliminary Plat is specifically being designed to appeal to the individual that has an interest in apiculture and animal husbandry activities it is true to the intent of maintaining the "traditional rural land uses" of the county. 17.20.020 Uses permitted. The following uses are permitted: Single family homes not including mobile homes or trailer houses; Duplexes and residential accessory buildings; All types of agriculture and horticulture not otherwise restricted or prohibited herein; The raising of animals (excluding swine and mink), providing an area of not less than one acre is available; Uses customarily incidental to the use set forth in this section; Any use not listed which is nearly identical to a permitted use, as judged by the administrative official, may be permitted. In such cases, all adjacent property owners shall be given official notification for an opportunity to appeal such decisions within ten working days pursuant to Title 15A of this code, Project permit application process. Accessory Dwelling Unit (f in UGA or UGN) Accessory Living Quarters Special Care Dwelling (Ord. 0-2006-01, 2006; Ord. 96-19 (part), 1996; Ord. 83-Z-2 (part), 1983; Res. 83- 10, 1983). The permitted uses of this zone such as "Single family homes", "accessory buildings", "All types of agriculture and horticulture, and "The raising of animals" are the uses that this proposed Prelimin Plat is based upon. 17.20.030 Lot - Sue required. Single family residence shall be not -less than one acre with an average width of not less than one hundred fifty feet; provided however, that minimum lot sizes in platted subdivisions shall be computed on the basis of one lot per gross acre with a minimum size of not less than 0.75 (three-fourths) acre. All lots of record at the time of passage of the ordinance codified herein shall be considered as conforming to lot sue requirements Every lot within the proposed Preliminary Plat meets the requirement of KCC 17.20.030. Multiple family dwellings or apartment houses shall be the same as subsection (A) above. Parking area requirements shall be the same as required in residential zone. (Res. 8310, 1983). Multiple Family Dwellings or apartments will be allowed within the lands associated with the Preliminary Plat. Duplexes may be allowed. 17.20.040 Lot - Maximum coverage. The ground area covered by all buildings, including accessory buildings, shall not exceed thirty percent of the lot area. (Res. 83-10, 1983). Every lot within the proposed Preliminary Plat will meet this criteria The design of this Preliminary Plat will allow for a maximum of 30% coverage of a lot with buildings. 30% of one acre is 13,068 square feet. For example, homes will probably cover less then 4,000 square feet with the possibility of a small barn (36 feet wide by 50 feet Iong) covering about 1 800 square feet If an individual wants to put up a covered arena (60 feet wide by 120 feet long) the total would cover 13,000 square feet meeting this criteria. 7 of 3 7 ��I 7 17.20.050 Maximum structure height. No structure shall exceed two and one-half stories or thirtyfive feet whichever is less in height. (Res. 83-10, 1983). Every lot within the proposed Preliminary Plat will meet these criteria as the Covenants Conditions and Restrictions placed on the property b the Applicant will place this limitation on the property 17.20.060 Yard requirements. No structure shall be built within twenty five feet of the front and rearproperty lines or within fifteen feet of any .ride property line with the exception of corner lots where the side yard abutting a street need only be twentyfeet. (Res. 83-10, 1983). Every lot within the proposed Preliminary Plat will meet these criteria as the Covenants Conditions and Restrictions placed on the property by the Applicant will place this limitation on the property. 17.20.070 Repealed. Repealed by Ord. 96-19. (Res. 83-10, 1983). 17.20.080 Temporary stands. Accessory buildings may include one only temporary and movable stand, etc. (Res. 83-10, 1983). Every lot within the proposed Preliminary Plat will meet these criteria as the Covenants Conditions and Restrictions placed on the property by the Applicant will not allow temporary stands 17.20.090 Grazing. Grazing of cattle, sheep, goats or horses may include the supplementaryfeeding of such cattle or horses or both provided that such grazing is not part of, nor conducted in conjunction with any dairy, livestock feed yard, livestock sales yard, or commercial riding academy located on the same premises. (Res. 83-10, 1983). Every lot within the proposed Preliminary Plat will meet these criteria as the Covenants Conditions and Restrictions placed on the property by the Applicant will restrict the property to four large animals which will be limited to cattle sheep goats or horses not kept or raised for commercial pMoses 17.20. 100 Lots abutting right-of-way required for dwellings. No main dwelling shall be built or moved onto a lot not abutting a public right-of-way. (Res. 83-10, 1983). Every ot within the proposed Preliminary Plat will meet these criteria as every lot designed in the Preliminary Plat will abut a right of way as provided by the Kittitas County Road Standards 17.20. 110 Conditional uses. * The following uses may be permitted in any suburban zone subject to the conditions set forth in Chapter 17.60, providing that they are not in conflict with existing or proposed development in a particular area; it is the intent of this code that such uses are subordinate to the primary residential and agricultural uses of this zone: (Deleted by Ord. 83-Z-2) (Deleted by Ord. 83-Z-2) Dairying and stock raising except the raising of swine and mink commercially and the establishment of 8 of 3 livestock feed lots; provided that no permit shall be issued for dairying or stock raising on any tract of land having an area of less than nine acres or for animal sheds or barns to be located less than one hundred feet from any property held under different ownership from that upon which such shed or barn is located, This activity will not be allowed on the property and will be restricted through the Covenants Conditions and Restrictions placed on the property by the Applicant Greenhouses, nurseries; Non Commercial Greenhouses and Nurseries will be allowed on the propeM by the Covenants Conditions and Restrictions placed on the property by the Applicant as long as they receive a Conditional Use permit from the County. Home occupations; Home occupations will be allowed on the property by the Covenants Conditions and Restrictions placed on the property by the Applicant as lone as they receive a Conditional Use permit from the County_ Hospitals; Hospitals will not be allowed on the property by the Covenants Conditions and Restrictions placed on the properly by the Applicant Museums; Museums will not be allowed on the property by the Covenants Conditions and Restrictions placed on the property by the Applicant. Public utility substations; Public utility substations will be allowed on the property by the Covenants Conditions and Restrictions placed on the property by the Applicant where needed for the development of the property as long as they, receive a Conditional Use permit from the County_ Riding academies; Commercial Riding Academies will be allowed on the property by the Covenants Conditions and Restrictions placed on the property by the Applicant but restricted to no more than 4 horses boarded on the property and no more 10 students participating in lessons at any given time as long as they receive a Conditional Use permit from the County. 4H and Pony Club activities will be allowed and may not need a Conditional Use Permit (discussions with the Community Development Services Department of Kittitas County should be had by the individual property owner and the department to verify this statement at the time the 4H and/or Pony Club activities are scheduled to occur. Schools, public and private; Schools. public and private will not be allowed on the property by the Covenants Conditions and Restrictions placed on the property by the Applicant Governmental uses essential to residential neighborhoods; Govemmental uses essential to this residential neighborhood will be allowed on the property by the 9 of 3 _ Z� Covenants. Conditions, and Restrictions placed on the property by the Applicant as long as they receive a Conditional Use permit from the County. Churches,- Churches hurches,Churches will be allowed on the property by the Covenants Conditions and Restrictions placed on the property by the Applicant as lone as they receive a Conditional Use permit from the County, (Deleted by Ord. 83-Z-2) Community clubs; Community Clubs will be allowed on the property by the Covenants Conditions and Restrictions placed on the property by the Applicant as lone as they receive a Conditional Use permit from the County. Convalescent homes; Convalescent homes will not be allowed on the property by the Covenants Conditions and Restrictions placed on the property by the Applicant Group homes; Group Homes will not be allowed on the property by the Covenants Conditions and Restrictions placed on the property by the Applicant. Day care facilities; Day Care Facilities will be allowed on the property by the Covenants Conditions and Restrictions placed on the property by the Applicant as lone as they receive a Conditional Use permit from the County Bed and breakfast business Bed and Breakfast business will not be allowed on the property by the Covenants Conditions and Restrictions placed on the property by the Applicant Accessory Dwelling Unit (f outside UGA or UGN) (Ord. 0-2006-01, 2006; Ord 90-15 § § 2, 3, 1990; Ord. 90-10 (part), 1990; Ord. 906 (part), 1990; Ord. 87-9 § 2, 1987; Ord. 84-ZI, 1984; Ord. 83-Z-2 (part), 1983; Res. 83-10, 1983). Editor's note: Subsection letters in this subsection reflect the letters assigned by the document adopted by Res. 83-10, as amended by Ord. 83-Z-2. 17.20. 010 Purpose and intent. The purpose and intent of the suburban zone is to provide for and protect low density semi -rural residential development chiefly in outlying transitional areas where a mixture of residential and traditionally rural land uses will be compatible. (Ord. 83-Z-2 (part), 1983: Res. 83-10, 1983). 10 of 3 Are Forest Service roads/easements involved with accessing your development? Yes No (Circle) If yes, explain: 10. What County maintained road(s) will the development be accessing from? Reecer Creek Road. H. . Application is hereby made for permit(s) to authorize the activities described herein. I certify that I am familiar with the information contained in this application, and that to the best of my knowledge and belief such information is true, complete, and accurate. I further certify that I possess the authority to undertake the proposed activities. I hereby grant to the agencies to which this application is made, the right to enter the above-described location to inspect the proposed and or completed work. 12. Are there any other -pending applications associated with the property associated with this application? 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I have developed a riparian management plan that includes the wetland restoration component due to the bridge abutment locale. With this letter I have included a riparian plan that began back in 2007/08. Early on in this process we started working with other agencies making improvements to Currier Creek for fish etc. (siphoning project and fish barrier removal). Since then we have continuously allowed agencies to access our land to conduct fish plantings almost every year to Currier Creek. With the aforementioned in mind please accept these documents as the Currier Creek Riparian management plan for Palomino Fields and the wetland restoration aspect for the Palomino Fields Project. With the 2016 irrigation season coming at us it is time sensitive for us to install the bridge prior to the irrigation canal turning on. With that said and regarding the bridge installment (single bridge abutment encroachment into the Category W wetland), we respectfully request a specific review for this item as we have tentatively schedule the bridge installment for the first part of March. If you have any questions please don't hesitate to contact me. Best Regards, Chad Bala, Authorized Agent cc: Pat Deneen LAND USE CONSULTANTS Palomino Fields Riparian Plan Exhibit List Exhibit A: Palomino Currier Creek Plan. Exhibit B: Barrier Removal Information. Exhibit B.1: Maps. Exhibit B.2: Dept. of Army permit Exhibit B.3: HPA permit. Exhibit C: Riparian Restoration/Replacement Exhibit C.1: Bridge Abutment & Disturbed Area. Exhibit C.2: Replacement Area. Exhibit C.3: Restoration/Re-vegetation guidelines. Exhibit D: 200 foot setback. PALOMINO/CURRIER CREEK RIPARIAN MANAGEMENT PLAN Location(s): Township 18N, Range 18 E Sections 27 WRIA: 39, Upper Yakima River Drainage: Currier Creek, tributary to the Yakima River PLAN DESCRIPTION: Currier Creek and Ellensburg Water Company's Town Canal are appurtenant to a large acreage parcel near Ellensburg (Palomino Fields) that will systematically be converted from predominantly agricultural use to mixed-use rural residential and riparian reserve. The landowner is now in the beginning stages of the Palomino Fields Development and with this riparian plan envisions re -occupation of Currier Creek by Salmon and Steelhead at the project site. This plan addresses the early phases and completions of a multi-component project that will continue to improve Currier Creek. It is also possible that the landowner may obtain additional funding for these continued improvements to Currier Creek. Four (4) fish passage barriers will be removed from Currier Creek. Currently the Currier Creek fish barriers have already been removed on Currier Creek within this development project. This portion of the plan occurred in 2007/2008. Irrigation water will be conveyed by piping from the Ellensburg Water Company (EWC) canal, resulting in enhanced instream flows for restored riparian areas. The exact alignment of the piping system will be addressed during the landowner's site planning for irrigation needs and development. Riparian habitat restoration along Currier Creek will be integrated as part of the transition from irrigated agriculture to mixed use rural residential. A 100 -foot protected Currier Creek riparian corridor will be re -vegetated with native plantings and irrigated during grow -in period. The landowner's water rights from EWC Canal will be used for grow -in irrigation purposes. The plan has been divided into four components, PARTS A, B, C, and D: PART "A": Remove fish passage barriers in Currier Creek. This project has been completed in 2007/2008. Four (4) outdated agricultural instream features that currently create full, or partial, fish passage barriers in Currier Creek have been removed. Removing the barriers identified on Currier Creels (see Exhibit B. "C" circles on Project Area map/permits) opened up 1.40 miles of rearing habitat for Mid -Columbia Steelhead, Spring Chinook, and Coho. Page 1 of 4 PART "B": Riparian Restoration This residential development project could contain riparian restoration components as the phasing continues pursuant to the development build out. Currently the first proposed bridge (over EWC canal) to be installed contains an encroachment into an Identified Category IV wetland. The square footage of this encroachment will be calculated with the appropriate replacement ratio used per the Kittitas County Critical Areas Code (KCC) 17.A.04, with the replacement area along Currier Creek identified. Riparian re -vegetation actions along Currier Creels will require an irrigation system to establish plants in the near-term. The bridge encroaches into an identified Category IV wetland on the eastern side of EWC canal. The bridge abutment, on the south side of the road, encroaches into the Category IV wetland 800 square feet. The 800 square feet includes an additional 15 -foot buffer from the boundary edge of the wetland. Pursuant to KCC 17A.04.040 up to 2 acres of Class IV wetlands may be filled, drained, or modified with no approval from the planning manager. Furthermore KCC 17A.04.050 still requires a replacement ratio for disturbed wetlands. The landowner will be disturbing 800 Sq. ft. of a Category IV wetland due to a single bridge abutment. The landowner is proposing a replacement area along Currier Creek. The replacement ratio of 2:1 will be used and is more than the county code requires for a Category IV wetland. This will result in a1600 square feet replacement area along Currier Creek. Native riparian plants will be used. See Exhibit C. Bridge drawing and restoration location. The re -vegetation will be of like kind native riparian vegetation. PART "C": Establish a 200 -foot buffer zone along Currier Creek. Develop an assessment of habitat improvement opportunities and non -diversionary irrigation water efficiencies. This project component will require a 100 -foot buffer from the top bank line of Currier Creek on both sides (See Exhibit D). As part of this plan the landowner will include the development of a piping strategy that will allow irrigation water (Ellensburg Water Company) to be delivered in an efficient system of pipes rather than through the creeks. This piping strategy will require a irrigation plan, using the landowners water rights, showing how irrigation water will be provided to each lot has the development continues to build out. This strategy eventually eliminates the use of flood irrigation and creating more efficient irrigation system therefore providing more water and protection to the Currier Creek. PART "D": Future habitat improvements and\or irrigation efficiencies. The Landowner is willing to continue to review Currier Creek riparian areas throughout the life of the project along with entertaining other agency proposals for future habitat or irrigation improvements that would be beneficial to Currier Creek. The landowner will also allow the continuation of access through the property for the transplanting of fish into the Currier Creek tributary. Page 2 of 4 Project Features: Proposed key actions in the multi phased plan include: • Remove four (4) passage barriers in Currier Creek. Remove outdated instream agricultural features that currently create anadromous fish passage barriers. • Currier Creek riparian corridor re -vegetation, including a possible grow -in irrigation system • Protective easement over 100 foot Currier Creek riparian reserve • Implement habitat improvements due to development progress. • Pipe conveyance of Town Canal water to meet on-going irrigated agriculture demand • New irrigation strategy supplying irrigation water to the proposed residential development. • Continue Implementing a shared vision with Agencies to see Salmon and Steelhead re- occupy the Currier Creek watershed. Project Schedule: Develop barrier removal engineering plans. Completed in 2007/2008. Habitat restoration due to development improvements. Spring 2016. Establishment of the Currier Creek Buffer. 2016 through 2020. Currier Creek access for transplanting fish into this tributary. Annually with Agency timing. SUPPORTING: This plan expands upon a previously funded riparian project on land that this landowner owned involving the Swauk Creek system. This plan is not has detailed as the Swuak Restoration Plan, but assimilates to the Currier Creek riparian characteristics. By already completing Part A this plan has began the implementation phase and will continue to do so as the Palomino Fields development continues. Agricultural and open space lands at the project site, are expected and starting to be converted to more intensive land uses. The landowner envisions keeping Currier Creek in tact and if needed restoring the natural habitat functions of Currier Creek as part of the conversion to rural residential development. Water conveyance infrastructure improvements will bring efficiencies to the irrigated agriculture component of land uses at the project site. The creek will no longer be used as a conveyance channel for Ellensburg Water Company water, due to the new siphon, because the piped water will serve the entire agricultural demand. Enhanced instream flows, coupled with strategic habitat improvement actions, will significantly improve and restore natural riparian processes in the Currier Creek watershed. Page 3 of 4 BENEFITS: Expansion of spawning and rearing habitat for focal salmonid species in the Upper Yakima Availability of spawning and rearing habitat is a significant limiting factor for salmon recovery in the Yakima Sub -basin. This project will provide areas of rearing habitat in Currier Creek. Enhanced in -stream flows in the project reaches Irrigation water conveyance improvements will create water savings available for conservation after a irrigation strategy and system established. Efficiencies created from previous key actions Downstream barrier removal projects, funded in 2004 & 2005, will create passage from Yakima River to Town Canal (4.1 miles). Improvements Long -tern benefits to fish include biological processes, channel conditions, floodplain conditions, and streambed sediment conditions. • Barriers removed • In -stream flow enhanced • Habitat access and quality will be improved • Landowners will achieve a more water efficient means of irrigation • Water purveyor, Ellensburg Water Co., and landowner will have a simpler, more efficient delivery system Page 4 of 4 11 n Nls 4 �; PROJECT AREA N47° 01'39.8" W120° 35'07.3"(R 3.28 N470 01'34.1" W120° 35'08.9., R 3.15 y N470V' 25.7" R 2.98 W120' G��y to 11 n Nls 4 �; PROJECT AREA N47° 01'39.8" W120° 35'07.3"(R 3.28 N470 01'34.1" W120° 35'08.9., R 3.15 y N470V' 25.7" R 2.98 W120' G��y 35' 11.3" 4U<v "per . V N470 01'00.5" W1200 35' 05.3" R 2.4 O� oy 70 N470 00'58.0" rR234. W120°35'06.4" P N4 01'40.6" C 1.69 Wl. 0"34'37.8" O� U W N47° 01' 32.2" C 1.50 V`1120° 34'45.5'! C 1.41 N47° 01�' 29.3" W120° 3k48.8" L4C 0.81 N47° 01"01.2" W120° 34' 54.2" Cenm ering �fC�F ANn CUFNU, CP,� DARRER MOVAL PAGE LOCAWN MAP to / I -I7-200 1 PROJECT AREA + 1 `i•L�;. ��.1 � - t£ y � ��C�� C 1.69 39.8" 120°35'07.3 R 3.28 N470 01'34.1 W1200 35'08.9"'`,R y Id e Wi -lo i 2.98 +� 15e9! 1 00.5.' " W F 5' 05.3•:, R 2; # 0 Lot N470 00'58.0. 8.2.34 W1200 35' 06.4" X0.6" 137.8" Q +p 1 E I 'w / _ 4 � � f�iJ C 1.50 N470 01'32 2" l �1�1{1200 34'45.5 C 1.41) N47°10'1 29. W120''i4' 4 27 f �0 T��l C 0.81 7° 01'01.e 0° 34' 54 L• Central . eering P, aP, ANP CUWU CP, 13APPIFp EMOM PAGE LOCA110N MAP 1 // MW.Roada.UgHft IN, OF REPLY TO ATTENTION OF Regulatory Branch DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 981243755 Pat Deneen, Manager 20 � A l 3 08 Cle Elum Pines P.O. Box 808 Cle Elum, Washington 98926 Reference: NWS -2007 -1986 -CRC Cle Elum Pines Dear Mr. Deneen: We have reviewed your application to place fill associated with removal of abandoned water diversion structures for the purpose of improving fish passage in Currier Creek at Ellensburg, Kittitas County, Washington. Based on the information you provided to us, Nationwide Permit, (NWP) 27, Aquatic Habitat Restoration, Establishment, and Enhancement Activities (Federal Register, March 12, 2007 Vol. 72, No. 47), authorizes your proposal as depicted on the enclosed drawings dated January 2, 2008. In order for this NWP authorization to be valid, you must ensure that the work is performed in accordance with the enclosed Nationwide Permit 27, Terms and Conditions and the following special conditions: a. This U.S. Army Corps of Engineers (Corps) permit does not authorize you to take a threatened or endangered species, in particular the Middle Columbia River Steelhead. In order to legally take a listed species, you must have a separate authorization under the Endangered Species Act (ESA) (e.g., an ESA Section 10 permit, or ESA Section 7 consultation Biological Opinion with non -discretionary "incidental take" provisions with which you must comply). The BO prepared by the National Marine Fisheries Service (NMFS) dated August 1, 2003 for the BPA's Habitat Improvement Program contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with the specified "incidental take" in the BO (NMFS Reference Number 2003/00750). Your authorization under this Corps permit is conditional upon your compliance with all of the mandatory terms and conditions associated with incidental take of the referenced BO. These terms and conditions are incorporated by reference in this permit. Failure to comply with the commitments made in this document constitutes non-compliance with the ESA and your Corps permit. The USFWS/NMFS is the appropriate authority to determine compliance with ESA. b. In order to protect the listed threatened and endangered species in the project area, the permittee may conduct the authorized activities only during the in -water work window as agreed to and documented in writing through consultation by the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service (Services) in any year this permit is valid. If changes to the originally authorized work window are proposed, the permittee must re -coordinate these changes -2 - with the Services and receive written concurrence on the changes. Copies of the concurrence(s) must be sent to the U.S. Army Corps of Engineers, Regulatory Branch, within 10 days of the date of the revised concurrence We are unable to determine whether or not your project requires individual Water Quality Certification, (WQC) from the Washington State Department of Ecology (Ecology). Before you may proceed with the work authorized by this NWT, you must contact the following Ecology office regarding these requirements: Washington State Department of Ecology, Central Regional Office, 15 West Yakima Ave, Suite 200, Yakima, Washington 98902-3401, telephone (509) 575- 2616. If more than 180 days pass without Ecology responding to your individual WQC request, your requirement to obtain an individual WQC becomes waived. You may then proceed to construction. For this project, the Bonneville Power Administration is the Federal lead agency responsible for compliance with Section 7 of the Endangered Species Act, the Magnuson -Stevens Fishery Conservation and Management Act, and Section 106 of the National Historic Preservation Act. For the purpose of this Department of the Army authorization, the Corps has determined that this project will comply with the requirements of the above laws provided you comply with special condition "a" and "b" listed above. We have completed an approved jurisdictional determination for your project area which canbe found on our website ath ://www.nws usace arm mil/ click on Regulatory, Regulatory/Permits, Recent Jurisdictional Determinations. If you object to this determination, you may request an administrative appeal under our regulations 33 CFR 331 as described in the enclosed Appeal Process Fact Sheet and the Notification of Administrative Appeal Options and Process and Request for Appeal form. Our verification of this NWP authorization is valid for 2 years from the date of this letter unless the NWP is modified, reissued, or revoked prior to that date. If the authorized work has not been completed by that date, please contact us to discuss the status of your authorization. Failure to comply with all terms and conditions of this NWP verification invalidates this authorization and could result in a violation of Section 404 of the Clean Water Act and/or Section 10 of the 1899 Rivers and Harbors Act. Also, you must obtain all State and local permits that apply to this project. Upon completing the authorized work, you must fill out and return the enclosed Certificate of Compliance with Department of the Army Permit form. Thank you for your cooperation during the permit process. We are interested in your experience with our Regulatory Program and encourage you to complete a customer service survey form. This form and information about our program is available on our website. -3- A copy of this letter with enclosures will be furnished to David Gerth, Kittitas Conservation Trust, P.O. Box 428, Roslyn, Washington 98941-2951 and to Jennifer Scott, Washington Department of Fish and Wildlife, 1701 South 24`h Avenue, Yakima, Washington 98902-5720. If you have any questions about this letter, please contact me at (206) 764-3262 or via email at Alisa.A.Ralph(a,,usace. army.mil. Sincerely, Alisa Ralph, Proj ct Manager Regulatory Branch Enclosures TopoZone - USGS Ellensburg North (WA) Topo Map ;T 01- )I-: J. L t LN p I !flu 27r T I. % % 549 ti- e"RCDbins —4 61 Holy Gross cemetery 0.3 0.6 0.9 1.2 1.5 km 0 0.2 PA 0.6 0.8 1 mi 470 1.34'N, 1200 34.91'W (NAD83/WGS84) USGS Ellenisburg North (WA) Quadrangle PURPOSE: Fish APPLICANT: Cle passage restoration Elum Pines REFERENCE: NWS - SHEET 1 of 5 2007 -1986 -CRC DATE: January 2, Lat.: 47' 1.34n 2008 Long: 120'34.91w PROPOSED: Place fill for streambed restoration, rock grade control structures, and temporary diversion dams IN: Currier Creek NEAR/AT: Ellensburg COUNTY: Kittitas STATE: WA Sec. 22,28, T 18N, R 18 E AA I'$ M=16.83 G=1.77 Ljuua Luap zuuws Lao iocauon or all rive barriers proposed for removal on Currier Creek. Reference: NWS -2007 -1986 -CRC Applicant: Cle Elum Pines Proposed: Place fill for streambed restoration, rock grade control structures, and temporary diversion dams At: Ellensburg, Washington Sheet 2 of 5 Date: 1/2/2008 NORTH 0 20 Scale in feet muWAMTEMN AMM=Wffm AINCKMIW& ommmmmmm (WENIMM OMAND OMMM --A (rommamm PFWP. R=V= Mom PMMWUANDWM PMP.NM STA.00 WM "Pom 11 11 i tl PI AM m R11U I : 71M�DtTjAm\» a R a » = » (7* § < / \ / / \ w —7 =;= —6 ) 2 / �9 QG� z0 En 00 E \ / / n m R11U I : ROCK GRAuE CONTROL WEIR DETAIL l r' DI 6111 IACW elle eemee C EIUe �Msrr, dn,.wwu OMEWMIRVOM BM*7w ---------- Fwj 0 Lqqr�w KAM~ M��lr1.IN��OL rAk asw+�c��aua'°'wa��wa AMIF+m* tMEN.la Omkrrk Ik♦ 1P+idMM* VM w* Man ON" IReference: NWS -2007 -1986 -CRC Applicant: Cle Elum Pines Proposed: Place fill for streambed restoration, rock grade control structures, and temporary diversion dams At: Ellensburg, Washington Sheet 5 of 5 Date: 1/2/2008 Washington Department of FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW 77.55.021 (AG) -Appeal to Hyraulic Appeals Board RCW 77.55.021 - Appeal pursuant to Chapter 34.05 Issue Date: December 31, 2007 Project Expiration Date: August 31, 2008 Control Number: FPA/Public Notice #: South Central 1701 South 24th Avenue Yakima, WA 98902-5720 (509)575-2740 111603-1 N/A PERMITTEE II AUTHORIZED AGENT OR CONTRACTOR Cie Elum Pines East LLC ATTENTION: Pat Deneen P.O. Box 808 Cie Elum, WA 98926 509-260-0462 Kittitas Conservation Trust ATTENTION: David Gerth 205 Alaska Ave. Roslyn, WA 98941 509-649-2951 Fax: 509-649-2867 Project Name: Currier Creek Deneen Diversions (5) Removal Project Description: Remove five former irrigation diversions in order to provide fish passage and restoration of stream processes and riparian function on Currier Creek. The work will proceed from the upstream barrier to the downstream barrier. Site #2 will have 2 grade control structures installed to aid in providing fish passage. Disturbed areas will be revegetated, and slopes graded to match natural slope gradients. PROVISIONS 1. TIMING LIMITATIONS: The project may begin January 1, 2008 and shall be completed by August 31, 2008. NOTIFICATION REQUIREMENT 2. The permittee or contractor shall notify the Department field office at least 7 days prior to starting the in -stream work portion of this project. Leave message for Habitat Biologist William Meyer: phone (509) 925-2491 or FAX (509) 925-4702. The notification is necessary in order to schedule fish salvage crews and review the site plan prior to construction. The notification shall include the permittee's name, project location, starting date for work, and the control number for this Hydraulic Project Approval. GENERAL 3. Work shall be accomplished per plans and information submitted to Washington Department of Fish and Wildlife with Hydraulic Project application and attached typical installation drawings, except as modified by this Approval. A copy of these plans shall be available on-site during construction. 4. The contractors shall meet with WDFW on site, prior to removal of the old diversions, to field review site plans and de -construction plans prior to initiating the project. 5. The contractor shall prepare a brief Erosion Sediment Control Plan detailing the cofferdam method, and other sediment control measures that will be used to prevent soil from being carried into surface waters. The erosion control measures must be in place prior to any excavation or grading work. 6. WDFW or YN Biologists shall conduct a redd survey beginning at least '/z mile downstream of the Page 1 of 8 1 Washington Department of HYDRAULIC PROJECT APPROVAL FISH and RCW 77.55.021 (AG) - Appeal to Hyraulic Appeals Board WILDLIFE RCW 77.55.021 - Appeal pursuant to Chapter 34.05 Issue Date: December 31, 2007 Control Number: Project Expiration Date: August 31, 2008 FPA/Public Notice #: South Central 1701 South 24th Avenue Yakima, WA 98902-5720 (509) 575-2740 111603-1 N/A project sites prior to the start of project activities in order to.determine presence and proximity of Coho salmon redds. If redds are found to be present near the site, the project may need to modify cofferdam construction to ensure no loss of sediment or other deleterious materials, or if the redds are in close proximity to the project site, the project will not initiate until spawning is completed. 7. Removal of the old diversion structures and associated fill shall be done in the least disturbing manner to existing vegetation along the stream bank. 8. The stream banks shall be pulled back so that they gradually transition from the uplands to the streambed, in order to ensure adequate conveyance of flow and debris during flood events and to aid in the successful restoration of the bank. The re-contoured slopes shall be no greater than 3:1 and should also transition gradually from existing vegetation and upstream/downstream slopes. Extreme care shall be taken to avoid impacting existing stream bank vegetation upstream and downstream of the project site. WORKSITE AND -EQUIPMENT LIMITATIONS 9. All in -channel work shall be done during a period of low stream flow.. If stream flows increase with fall precipitation, and the coffer dam appears likely to fail, the worksite shall be secured to minimize sediment plumes and other undesirable impacts and work shall only proceed once flows have subsided. 10. Equipment shall work from the bank. No stream crossings are currently Equipment shall be maintained in good working conditions such that petroleum products or other harmful chemicals are not leaked into the creek or its banks or bed. 11. Equipment may work below the ordinary high water mark (OHWM) once the cofferdam is in place. This equipment shall be washed and clean of accumulations of earth and petroleum products prior to entering the channel. 12. An excavator or trackhoe equipped with a ?thumb?, or an equivalent piece of machinery, shall be available to remove old concrete block or riprap placed around the diversion structure. 13. The equipment operator shall have a spill containment kit onsite at all times in case equipment or associated fuel, hydraulic fluids or other toxic chemicals are spilled. 14. Re -fueling of vehicles or maintenance operations of vehicles shall only occur at an upland site at least 100 ft from the top of the stream bank. WORK AREA ISOLATION AND TEMPORARY STREAM BYPASS 15. The diversion removal shall be done in isolation from the flowing water of the creek using a temporary stream bypass around the work site. Structures used to divert or contain'flow or isolate the work area shall be made of clean materials such as sand bags, pre -cast concrete ?ecology blocks?, washed ?stream gravel?, plastic sheeting, etc.). The bypass will divert the flow of the creek to the opposite side of the diversion, while the first half of the.diversion is removed. Page 2 of 8 Washington Department of FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW 77.55.021 (AG) - Appeal to Hyraulic Appeals Board RCW 77.55.021 - Appeal pursuant to Chapter 34.05 Issue Date: December 31, 2007 Project Expiration Date: August 31, 2008 Control Number: FPA/Public Notice #: South Central 1701 South 24th Avenue Yakima, WA 98902-5720 (509) 575-2740 111603-1 N/A 16. The temporary flow bypass shall be established through the work area prior to initiation of work to remove the existing diversion. Sandbags or equivalent clean materials shall be installed as necessary to isolate the work area from the watercourse. The bypass shall be only as long as necessary to prevent seepage or backwatering of the work area. The temporary bypass shall be -of sufficient size to pass flow and debris occurring during the project. 17. A dam of sandbag and plastic sheeting or equivalent clean structure shall be used to divert the entire flow of Currier Creek through the bypass. If necessary to prevent backwater from entering the work area, an equivalent, clean structure shall be installed at the downstream end of the bypass. 18. A fish salvage is required and shall take place in the coffered off portion of the project, prior to removal of the diversion. Fish trapped inside of work areas shall be captured and released . unharmed down river of the project. The Department of Fish and Wildlife will provide a crew to accomplish this task. The project contractor shall provide a 7 -day notice prior to initiating construction in order to arrange for crews and have a pre -work meeting. 19. Upon completion of the project, all temporary bypass facilities shall be removed. Materials used for temporary diversion and containment structures (other than washed gravel) shall be removed from the site. DIVERSION REMOVAL AND DISPOSAL OF WASTE MATERIAL 20. Alteration of the channel shall be limited to the minimum necessary to remove the old diversion structure and associated fill, debris, tarps, boards etc. 21. All old fill and associated concrete, steel, or other debris used to .armor the old diversion shall be removed from the streambed and disposed of in an approved upland site. 22. Road fill surrounding the existing diversions and footings shall be carefully removed prior to any demolition work on the existing diversion. After the road fill has been removed, the existing diversions shall be carefully removed. All waste material and excess fill shall be removed completely from the channel and disposed of in an approved upland location where it will not affect flood plains or wetlands. Removed fill shall not be placed within the 100 -year floodplain. 23. The temporary bypass shall remain in place until the old diversion has been removed, the slopes have been recontoured and the washed stream gravel and boulders have been installed in the disturbed streambed areas. 24. Before water is diverted into the permanent new channel, the streambed gravel shall be in place; the streambanks shall be protected from erosion using erosion control blankets or similar means, and planted. 25. The new channel shall be excavated and shaped as per plans. This channel shall be constructed in the dry. Page 3 of 8 Washington Department of ' FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW 77.55.021 (AG) - Appeal to Hyraulic Appeals Board RCW 77.55.021 - Appeal pursuant to Chapter 34.05 Issue Date: December 31, 2007 Project Expiration Date: August 31, 2008 Control Number: FPA/Public Notice #: South Central 1701 South 24th Avenue Yakima, WA 98902-5720 (509) 575-2740 111603-1 N/A 26. A bed of washed, rounded, streambed gravel shall be placed over all disturbed streambed areas within the work area to a depth of six (6) inches. Streambed gravel shall be Well. mixed gravel ranging in size from 0.25 inches to 5.0 inches (see attached typical specification). 27. Wastewater from project activities and de -watering of the work area shall be routed to an upland location to allow removal of fine sediment and other contaminants. Care shall be taken to ensure that fine sediment or other harmful materials is discharged to the creek. DROP STRUCTURE CONSTRUCTION AT SITE #2 28. The grade control shall be constructed in isolation from the flowing water of the creek to the fullest extent possible. 29. Two, Reichmuth-style control weirs may be constructed at Site #2, so as to pool water and ensure unimpeded fish passage through the creek. Construction of two upstream "v" shaped weir is authorized. The water surface elevation drop across the weir shall be less than 6 inches +/-. The grade control weir shall be constructed in the creek as shown on the site plan, and in accordance with Washington State Integrated Streambank Protection Guidelines for Drop Structures (WA State Aquatic Habitat Guidelines Program, 2002, pp. 6-39 - 6-46). 30. Weirs shall be designed to allow upstream passage of fish. A scour pool shall be excavated below the weir as necessary to ensure that fish have a "jump pool" water depth at least 1.25 times the height of the low flow head differential across the weir. The voids in the rock weir shall be sealed with suitable streambed gravels (with minimal silt and clay content) to ensure stream flow will pour over the weir rather than percolate through it. If suitable streambed gravels are unavailable on site, imported pit run or other suitable gravel aggregate shall be used. 31. The weirs shall be constructed of large, clean, angular rock of sufficient size to prevent them from being washed away by 100 -year flows. The largest rocks shall be used on the downstream face of the structure. The weisr shall be keyed into the bank to an elevation above the high flow line. The downstream face of the weir shall be oriented at an upstream angle so as to form a "V", which concentrates flow energy in the center of the channel. 32. If excavation is necessary for placement of a rock, the excavated hole shall be only large enough and deep enough to accept the rock and maintain surface grade. Excavated material shall be gently placed on upstream side of structure. 33. Rocks shall be placed individually by use of a backhoe with a thumb or other suitable grapple device. Each rock shall be set in place in essentially the final position. 34. Work shall avoid damage to existing woody vegetation.. SITE RESTORATION 35. All earth areas adjacent to the watercourse which have been disturbed by this project are to be seeded with a suitable erosion control seed mix and protected from erosion with a commercial erosion control blanket or approved equivalent. Page 4 of 8 Washington HYDRAULIC PROJECT APPROVAL South Central Department of 1701 South 24th Avenue ..T, FISH and RCW 77.55.021 (AG) - Appeal to Hyraulic Appeals Board Yakima, WA 98902-5720 WILDLIFE RCW 77.55.021 - Appeal pursuant to Chapter 34.05 (509) 575-2740 Issue Date: December 31, 2007 Control Number: 111603-1 Project Expiration Date: August 31, 2008 FPA/Public Notice #: N/A 36. The stream bank shall be planted with a diverse assemblage of native woody plants adapted to stream sides (e.g. red osier dogwood, wild rose, snowberry), and maintained as necessary for three (3) years to ensure 80 percent survival (see. attached plant list). 37. The stream bank shall be planted with a minimum of eight (8) rooted stock trees (5-6 ft high), 4 per each side of the stream, at each site. If trees are planted in the upland areas they are likely to need watering during the hot months of the summer to ensure survival. 38. Noxious weeds such as Russian thistle or knapweed shall be controlled by hand pulling, in order to allow native plants to successfully re -vegetate the site and to minimize the introduction of herbicides into the stream. PROJECT LOCATIONS Location #1 Site #1 Rivermile n 71 WORK START: January 01, 2008 IWORK END: August 31, 2008 WRIA: Waterbody: Tributary to: 39.0969 Currier Creek (lb) PReecerreek 1/4 SEC: Section: Township: Range: Latitude: County: SE 1/4 28 18 N 18 E N 47.01616 W 120.58249 Kittitas Location #1 Driving Directions Just upstream 250m from Highway 10 on Currier Creek Location #2 Site #2 Rivermiip n R1 WORK START: January 01, 2008 IWORK END: August 31, 2008. WRIA: Waterbody: Tributary to: 39.0969 Currier Creek (Ib) Reecer Creek 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: SE 1/4 28 18 N 18 E N 47.01734 W 120.58206 Kittitas Location 42 Driving Directions Just upstream 350m from Highway 10 on Currier Creek Page 5 of 8 Washington HYDRAULIC PROJECT APPROVAL Department of South Central FISH and 1701 South 24th Avenue RCW 77.55.021 (AG) - Appeal to Hyraulic Appeals Board WILDLIFE RCW 77.55.021 - Appeal pursuant to Chapter 34.05 Yakima, 98902-5720 (509)575--22 740 Issue Date: December 31, 2007 Project Expiration Date: August 31, 2008 Control Number: FPA/Public Notice #: 111603-1 N/A Location #3 Site #3 Rivermile 1.41 WORK START: January 01, 2008 WORK END; August 31, 2008 WRIA: 39.0969 Waterbody: Currier Creek (Ib) Tributary to: Reecer Creek 1/4 SEC: NW 1/4 Section: 27 Township: 18 N Range: 18 E Latitude: N 47.02437 Longitude: W 120.58067 Y' FKittitas Location #3 Driving Directions Just upstream 150 m from the John Wayne Trail on Currier Creek Location #4 Site #4 Rivermile 1.50 WORK START: January 01, 2008 WORK END: August 31, 2008 WRIA: 39.0969 Waterbody: Currier Creek (Ib) Tributary to: Reecer Creek 1/4 SEC: NW 1/4 Section: 27 Township: 18 N Range: 18 E Latitude: N 47.0259 Longitude: W 120.57929 County: Kittitas Location #4 Driving Directions Just upstream 350m from the John Wayne Trail on Currier. Creek Location #5 Site #5 Rivermile 1.69 WORK START: January 01, 2008 WORK END: August 31, 2008 WRIA: Waterbody: 39:0969 Currier Creek (Ib) Tributary to: Reecer Creek 1/4 SEC: NW 1/4 Section: 27 Township: 18 N Range: 18 E Latitude: N 47.02796 Longitude: W 120.57738 FKiftittas Location #5 Driving Directions Just upstream 550m from the John Wayne Trail on Currier Creek APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW (formerly RCW 77.20). Additional authorization from other public agencies may be necessary for this project. The person(s) to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies (local, state and/or federal) that may be necessary for this project. This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work. Page 6 of 8 �':. Washington HYDRAULIC PROJECT APPROVAL South Central Department of 1701 South 24th Avenue .n ` FISH and RCW 77.55.021 (AG) - Appeal to Hyraulic Appeals Board Yakima, WA 98902-5720 WILDLIFE RCW 77.55.021 - Appeal pursuant to Chapter 34.05 (509) 575-2740 Issue Date: December 31, 2007 Project Expiration Date: August 31, 2008 This Hydraulic Project Approval does not authorize trespass. Control Number: FPA/Public Notice #: 111603-1 N/A The person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work may be held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day and/or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 77.55.021 (EXCEPT agricultural irrigation, stock watering or bank stabilization projects) or 77.55.141 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The person(s) to whom this Hydraulic Project Approval is issued has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All agricultural irrigation, stock watering or bank stabilization Hydraulic Project Approvals issued pursuant to RCW 77.55.021 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the person(s) to whom this Hydraulic Project Approval is issued: PROVIDED HOWEVER, that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.301. APPEALS INFORMATION If you wish to appeal the issuance or denial of, or conditions provided in a Hydraulic Project Approval, there are informal and formal appeal processes available. A. INFORMAL APPEALS (WAC 220-110-340) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021, 77.55.141, 77.55.181, and 77.55.291:. A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; or (B) An order imposing civil penalties. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia, Washington 98501-1091 and shall be RECEIVED by the Department within 30 days of the denial or issuance of a Hydraulic Project Approval or receipt of an order imposing civil penalties. If agreed to by the aggrieved party, and the aggrieved party is the Hydraulic Project Approval applicant, resolution of the concerns will be facilitated through discussions with the Area Habitat Biologist and his/her supervisor. If resolution is not reached, or the aggrieved party is not the Hydraulic Project Approval applicant, the Habitat Technical Services Division Manager or his/her designee shall conduct a review and recommend a decision to the Director or his/her designee. If you are not satisfied with the results of this informal appeal, a formal appeal may be filed. B. FORMAL APPEALS (WAC 220-110-350) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (EXCEPT agricultural irrigation, stock watering or bank stabilization projects) or 77.55.291: A person who is aggrieved or adversely affected by the following Department actions may request a formal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; (B) An order imposing civil penalties; or (C) Any other'agency action' for which an adjudicative proceeding is required under the Administrative Procedure Act, Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator, shall be plainly labeled as 'REQUEST FOR FORMAL APPEAL' and shall be RECEIVED DURING OFFICE HOURS by the Department at 600 Capitol Way North, Olympia, Washington 98501-1091, within 30 -days of the Department action that is being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, the deadline for requesting a formal appeal shall be within 30 -days of the date of the Department's written decision in response to the informal appeal. Page 7 of 8 - Washington HYDRAULIC PROJECT APPROVAL South Central Department of 1701 South 24th Avenue FISH and RCW 77.55.021 (AG) - Appeal to Hyraulic Appeals Board Yakima. WA 98902-5720 WILDLIFE RCW 77.55.021 - Appeal pursuant to Chapter 34.05 (509) 575-2740 Issue Date: December 31, 2007 Project Expiration Date: August 31, 2008 Control Number: FPA/Public Notice #: 111603-1 N/A C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (agricultural irrigation, stock watering or bank stabilization only), 77.55.141, 77.55.181, or 77.55.241: A person who -is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office, 4224 Sixth Avenue SE, Building Two - Rowe Six, Lacey, Washington 98504; telephone 360/459-6327. D. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 43.21 L RCW: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The FORMAL APPEAL shall be in accordance with the provisions of Chapter 43.21 L RCW and Chapter 199-08 WAC. The request for FORMAL APPEAL shall be in WRITING to the Environmental and Land Use Hearings Board at Environmental Hearings Office, Environmental and Land Use Hearings Board, 4224 Sixth Avenue SE, Building Two - Rowe Six, P.O. Box 40903, Lacey, Washington 98504; telephone 360/459-6327. E. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS results in forfeiture of all appeal rights. If there is no timely request for an appeal, the department action shall be final and unappealable. ENFORCEMENT: Sergeant Sprecher (30) P3E Habitat Biologist%for Director William Meyer 509-933-2491 !- '` - - . W "I- 7 WDFW c;U: Page 8.of 8 58+50 Arr, . I 60 0 ........ ......... . Jp.......... ......................... �� ti ............. ......... ........... �L. E Legend Palo o d e Feature 1 Write a description for your map. r � r ... 4y�z scar^- .l.�-"-s��. 7•s N t�.i•tx�s z�7a �.'-iv.�S f7��'ic*.- Sl �L'�' Ai\'tel ct••' � � ! 1t 1,., yam. r1S_�--CF'fi�, M -{' J �Q. J, 1 �£P`J•y M4 C, is > ronv J ztfLf. f 4 7 'xa-x I `-' .sa I uN{'' h,1 "4?.+`:i�' •�'f<. c...J ..!,rte, :�� . ;,✓Q i �`" �i .Y 6e A hY�J"f3p••4` y4 c t ri a fry r ut a� r�tftil S Ss ' r �`� cr:i'' r. �, -:, AS �`4 }a � �•4*;f qit �aii�Fr�i�� F iGoo - ., .., r�`yA,''� �9t �t—;�•-fa w�v�' tSt� -ar•- w��t�' .;;M i. f. .f� •u 1. �:�"` r, i 1 g e• Google earth TECHNICAL NOTE USDA -Natural Resources Conservation Service Boise, Idaho TN PLANT MATERIALS NO. 23 JANUARY 2007 REVISION HOW TO PLANT WILLOWS AND COTTONWOODS FOR RIPARIAN RESTORATION J. Chris Hoag, Wetland Plant Ecologist USDA-NRCS Plant Materials Center, Aberdeen, Idaho �.--• n+• - �, , '`�' ..,,ems.. 1�1 yy- .:.. _.�, HOW TO PLANT WILLOWS AND COTTONWOODS FOR RIPARIAN RESTORATION J. Chris Hoag, Wetland Plant Ecologist, USDA-NRCS Plant Materials Center, Aberdeen, Idaho Introduction Many riparian areas in the West need rehabilitation. Natural climatic events and abuses in the past have cause the desFuction of vegetation and accelerated streambank and stream bottom erosion (Kauffman and Krueger 1984; Skovlin 1984; Platts 1981; Thomas and others 1979). Emphasis on water quality, aesthetics, wildlife, and fisheries has prompted interest in methods for revegetating eroding stream channels (Carlson 1992; Carlson et al. 1991). There is increased interest in rehabilitating riparian zones with willows and cottonwoods. The Interagency Riparian/Wetland Plant r Streambank erosion in a corral and feeding . complex on Medicine Lodge Creek near Development Project, USDA Natural Dubois, ID Resources Conservation Service (NRCS), ` Plant Materials Center (PMC), Aberdeen, Idaho and others are researching harvesting, storage, planting techniques and cultural practices for successful establishment of willows, cottonwoods and other riparian woody vegetation to better meet the needs of riparian rehabilitation. Guiding Principles of Stable Stream Channels Riparian vegetation is a critical part of any stream system. Riparian plants provide a huge web of roots that hold the soil together. They also provide significant roughness from their above ground biomass. Determining where to plant them is often one of the hardest decisions to make. Before starting to restore a stream channel, 3 principles need to be understood (Natural Channel Designs, 2006). They are: 1. Elevations should rise away from the central channel. T The central channel flow line must be the lowest point across the riparian area and the channel banks, floodplains, and terraces should slope upward continuously away from the channel. The banks'will be most stable if they can be stepped as they rise away from the channel. All flat areas should slope toward the river. If they are level or slope away from the river they will tend to divert overbank flows away from the main channel and could contribute to greater erosion. Banks on the outside of meanders are expected to rise more rapidly than those on the inside, but should still be stepped when possible. 2. Transitions should be gradual to reduce the potential for erosion. In order to minimize the risk of lateral bank erosion, water should flow smoothly through the stream corridor. While meander is a natural part of stream processes, tight turns can create excessive pressure to weak stream banks and increase erosion. Meanders should be gradual and within the dimensions 2 �,. described in specific recommendations. Floodplains and terraces should not be suddenly narrowed by buildings or other structures. Such constrictions force increases in velocity and water elevations that can increase erosion. 3. Roughness should increase away from the central channel. Roughness is resistance to flow contributed by vegetation, rough surfaces, or structures. Increasing roughness away from the central channel tends to center high flows and slows velocities against the more erosive stream banks and terraces. For example, the central channel should be relatively free of vegetation and other obstructions. The areas immediately adjacent to the channel (floodplains) should support dense thickets of shrubby vegetation (i.e., willows, etc) that bend with the flows (Figure 1). Areas further away from the channel (terraces) support stiffer woody vegetation (cottonwoods, Peachleaf willow, etc) that further slows flows. It should be noted that roughness implies a slowing of the flow not necessarily stopping the flow. Structures that completely stop or redirect flow across the floodplain/terrace should be avoided. Homes Pasture, Orchards, etc V Cottonwoods, Tree Willows, Denser Brush ShrubbyI Central Willows Channel Figure 1: Roughness - Vegetation provides increasing roughness to keep high velocities in central channel (Natural Channel Design, 2006) This Technical Note addresses principle 3 - the addition of roughness to the channel. It should be noted that planting vegetation in a riparian zone without giving serious consideration to where different species of plants should go can cause more problems than those you are trying to fix. For more information on where to plant riparian vegetation, see Riparian Planting Zones in the Intermountain ffest by Hoag et. al. 2001. There are a number of steps that should to be completed prior to any planting. They include a site assessment, an inventory of planting site, and a detailed survey and evaluation of the soils, water, and vegetation. Once you have determined the cause of the erosion and where high priority areas are located on the stream, you should develop a planting plan and determine where and how to plant the vegetation that you will use. This Technical note describes how to select, harvest, treat, and plant riparian woody species. Site Assessment Before jumping into the water and shoving cuttings in the ground, it is important to understand what is causing the streambank erosion, how extensive it is, and which areas need the most work. A stream assessment should be completed on the stream prior to any restoration or rehabilitation work. The assessment should identify problems on a stream reach basis. A is defined as a section of stream between two defined points (Fischenich 2000). A number of assessment protocols are available, such as: Stream Visual Assessment Protocol (SVAP), Proper Functioning Condition (PFC), Rapid Stream Assessment, etc. The assessment should identify problems such as, water removal, fish barriers, culverts, etc. that affect fish and hydrology by stream reach. It should also identify eroding areas, the type of erosion, and severity of the erosion. When the assessment is completed, there should be enough infonnation to identify the reaches of the stream that need some kind of treatment, treatment alternatives that could be used, which reaches are the highest priority, other problems that need to be addressed, and an estimate of the potential success of a planting. Based on a good site assessment, you should be able to develop a project rehabilitation schedule or plan including a list of treatment alternatives, a cost estimate for each reach, a -cost es iina e for ie en ire prof ec area, and- a-prWit5r-1-rst-ofwhi-ch-reaches-shoaid-be-treated-f rst. Site Considerations Careful planning before planting is necessary to ensure the solution does not create additional problems. * Management (prescribed grazing system, livestock exclusion, riparian buffers, etc.) must be in- place to maintain or improve riparian vegetation. Without proper management, planting efforts could be destroyed (Crouse and Kindschy 1984; Van Haveren and Jackson 1986). * If native willows or cottonwoods are not found in the vicinity, planting them may not be a good option. * Willow and cottonwood plantings apply only to situations where the rehabilitation time frame is long enough to allow the cuttings to become established and stabilize the site. Hard structures (i.e. rock, concrete, etc.) may be more appropriate under emergency situations. * Unrooted cuttings can be used on sites that range from flat to near vertical slopes. Risks of wash-out and mortality increase as the slopes become steeper. A reconnaissance upstream and downstream of the site selected for revegetation may save time and effort. If there are willows and cottonwoods on adjacent sites, check the hydrology, soil and site conditions and compare them to conditions at the revegetation site. Plantings will be most successful on sites similar to the stable vegetated areas. Risk of mortality increases as soil, site, and water column parameters depart from those of the vegetated sites. There are reasons for vegetation not growing on the disturbed site. Some parameters to inventory in addition to management at the revegetation site include: high streamflow velocities, sharp outside curves, vertical to near vertical or undercut banks, hanging streambanks, mixed stratigraphy of cohesive materials over gravel, and evidence of mass soil slumping. When these parameters are present, revegetation can still be considered, but the underlying causes must be addressed. Establishing vegetation is much more difficult under these conditions because the time period required for stabilization increases, the planting schedule must accelerate, and additional soil losses can be expected. These conditions indicate engineered hard structures or bioengineering techniques not covered in this Technical Note need to be included in the planning considerations. Some data suggests vegetative protection may be adequate if maximum streamflow velocities do not exceed 8 feet per second. Structural and bioengineering techniques should be considered for velocities greater than 8 feet per second. Woody materials should be considered with velocities less than 8 feet per 4 second. Woody materials in conjunction with herbaceous species should be considered for velocities less than 5 feet per second. Herbaceous materials alone can be used for velocities less than 3 feet per second. Engineered hard structures or bioengineering techniques may be needed in situations where the toe of the bank is unstable. hl these situations, refer to the NRCS Stream Restoration Design Handbook, National Engineering Handbook, Section 654. Species Selection During the reconnaissance, identify willow, cottonwood and other riparian species, local soil and site conditions and the moisture regime. If species identification is a problem, at least identify the growth form and conditions where the plant is growing (elevation, soils, zone, etc.). Species and/or growth form identification is important so the correct plant species can be matched to the right planting zone at the revegetation site. Willow species have several different growth forms. Willows come in all sizes, from small shrubs to large trees. There are three basic types of willows: tree -type, shrub -type, and creeping type. Tree -type species at maturity have a large crown, single or multiple stems, and dense basal area. They are usually taller than 20 ft. Shrub -type willows generally have smaller diameter multiple basal stems and rarely get taller than 15-18 ft. Creeping—type willows sucker profusely and are represented by coyote willow (Salix exigua). , Different growth forms of willows along the Snake River Cottonwood species have narrow to wide crowns and some species sucker (generally only about 10% of a stand will sucker) while others have very shallow root systems. In general, small to medium size shrub - type willows and rhizomatous or creeping - type willows are used for planting within the channel banks. These can be planted as live poles, vertical bundles or as clumps. Tree -type willows and cottonwoods are normally selected for the upper bank and floodplain areas near the transition zone and can be planted as large poles or clumps. Mature size and growth form will affect species selection. Large species can partially block or deflect stream currents. If the mature basal size of the selected species will block streamflow near the main channel or on adjacent floodplains, another species with more flexible stems should be considered. There are many species of willows that occur naturally in different habitats. Upland willow species are found in relatively dry areas not necessarily associated with seeps, bogs, or high water. Scouler willow, a common upland species, is rarely found on wet areas, but more commonly on or near moist areas such as springs or intermittent watercourses. Wetland willows are found growing in standing water or saturated conditions and are adapted to long periods of inundation. If spreading of planted species is considered a problem, selection might include only male clones. Both willows and cottonwoods have male and female plants. Selecting male plants will reduce spreading from seeds. More shade will be produced with tall and/or wide canopy species. This may be important for water temperatures and fish habitat. Consider the aspect. Concentrate on tree -type species with wide canopies on the south or east side of stream to achieve the most shade over the widest area. Stem flexibility is important for species at the ` velocities, debris loads, and ice flows (Parsons 1963; Platts and Rimae 1985). Species with deep or rhizomatous root systems might be better suited to streams with severe ice flows (Platts and Rinne 1985). Livestock and wildlife can adversely impact the riparian zone. Some plant species such as willow, cottonwood, chokecherry) Skunkbush f,' 1 � � ��._ 4 � Y'� VEL / '� S�•. sumac, golden current, serviceberry, Syringa (mockorange), and silver buffaloberry are o Debris caught on the flexible stems of Booth willow fairly palatable. It may be advantageous to after spring runoff plant less palatable species, such as hawthorn, in the bank to overbank zone rather than more palatable species. Other less palatable species include: Woods' rose, Douglas spirea, dogwood, river birch, thinleaf alder, and common snowberry. Grazing can also reduce regeneration, particularly for those species that reproduce by seed. Species selection of strong suckering or rhizomatous species may be an advantage. Improper grazing management can adversely impact even these species. A grazing management plan is needed whenever riparian areas are grazed, especially after planting. The riparian area should not be grazed for at least 3 years after planting. At the end of 3 years, the area should be assessed for grazing potential and if allowed, be grazed according to a good grazing management plan. Spring grazing is the best because animals have many foraging choices other than the planted woody species. Be careful with fall grazing because woody species are a more desirable foraging choice and there will be no regrowth before the next spring growth period. Overgrazing the woody and herbaceous riparian species will result in less bank and floodplain protection during high runoff events the following spring. The woody riparian species should be used as the key indicator species for when the livestock should be moved out of the riparian zone. Aesthetics can usually be improved by selecting more than one species to provide differences in size, shape, color, and texture. More than 1 species or clone also increases resistance to pests and diseases, in addition to increasing diversity for wildlife. However, the species planted at the waterline should be a single species so that all the cuttings have similar characteristics for the full length of any one reach so that varying sizes and shapes do not cause the force of water to move behind that planted line. Most species of willow and cottonwood have good fire tolerance and resprout readily after being burned as long as the fire is not too hot. Many cottonwoods are more susceptible to fire as they mature. Other riparian species such as dogwood and chokecherry also have a high fire tolerance. There may be times when native species will not meet the landowners' objectives. Introduced species should only be considered in the revegetation plan after careful review of the native sources (more native species are available on the market all the time), landowner objectives, and disease and insect infestations. Refer to the Idaho Tree Planting Handbook, North Dakota Tree Handbook, and Riparian/Wetland Project Infonnation Series No. Species Distribution or Planting Design 19 for plant characteristics. A planting design should be developed to show where each species is to be planted on the site. The entire problem section should be planted, not just parts of a reach or curve. This will reduce the chance of water eroding behind the planting. Figure 2: Riparian Planting Zones can be used to determine where riparian species should be planted in relation to the waterline. This is a general depiction of a riparian zone. Not all streams look like this one. In the real world, some of these zones may be absent. (From Hoag 2001, Hoag and Landis 1999) Each species grows in specific ecological zones along the stream channel and flood plain (Carlson et al. 1992). These ecological zones can be equated to planting zones. Riparian planting zones (Hoag 200 1) include the toe zone, bank zone, overbank zone, transitional zone and the upland zone (Figure 2). Shrubby species are normally planted on outside curves of a stream channel as a continuous barrier. Outside curves incur more erosion frorn strearnflow, but have a shorter inundation period. Plant the entire reach with the same mix of species. Shrubby species with flexible sterns are planted on the bank zone and the overbank zone or floodplain for diversity and additional stabilization or as a buffer zone. Plant tree species up the bank from the shrubby species or on top of the bank. The shrubby species provide protection for the tree species when p an a in manner. The reconnaissance survey will help identify these relationships. See "Spacing" section to help with planting design and to help determine numbers of plants or cuttings needed. Type of Planting Stock Cuttings, whips, plugs, conetainers, bare -root, potted, clumps, balled and burlap, and paper -sleeved planting stock are all viable alternatives (Carlson et al. 1992; Dirr and Heuser 1987; Platts et al. 1987). Advantages of nursery stock include: good potential root development, good carbohydrate reserves, few pest or disease problems, readily available for many species, and no labor is needed to collect the stock. Disadvantages of nursery stock include: more expensive than hardwood cuttings collected near the revegetation site, short root systems can wash out easily, short root system may not reach moist soil during the growing season, and roots of local herbaceous vegetation are in the same zone competing for moisture and nutrients. Stem cuttings Stem cuttings can be divided into softwood, semi -hardwood (greenwood), and hardwood categories. Hardwood stern cuttings can also be divided into deciduous, narrowleaf evergreen, and broadleaf evergreen (Dirr and Heuser 1987). This Technical Note concentrates on deciduous hardwood cuttings from moderate age stem materials. Deciduous hardwood cuttings of willow and cottonwood species are generally recommended over other types of cuttings because of the high concentration of pre-forned, I dormant root primordia located throughout the length of the stems (Densmore and Zasada 1978; Carlson 1938, 1950; Haissig 1970, 1974). Pole cuttings (large diameter unrooted stems) of shrub - type willows are recommended for most plantings from water line to mid -bank. Pole cuttings of tree -type willows and cottonwoods are recommended on upper -banks and floodplains where the water table is relatively deep. Pole cuttings provide an effective means to reach saturated soils and establish a high concentration of roots for that portion of the stem within the moist zone. Pole cuttings have the additional advantage of being relatively inexpensive and easy to harvest and store. They are also easy to plant. High mortality can occasionally occur, but this is somewhat offset by lower cost, ability to rapidly plant large numbers, and ease of replanting the following year. Generally, whips (less than 3/8 inch diameter) are not recommended because energy reserves in the stem are limited and they are more susceptible to cytospora canker, a fungus that causes twig dieback (Biggs et al. 1983; Briggs 1991). Container stock Plugs, conetainers, bare -root, potted, balled and burlap and paper -sleeve planting stock are best when used: *mid -bank to upper -bank or floodplain where long periods of inundation or water erosion are minimized *where adequate moisture is available -- i.e. natural precipitation or irrigation is adequate for species selected *where there is no competing vegetation or a 30" diameter area around plant has the competing vegetation scalped off down to mineral soil at planting time *where plants have a low risk of physically being pulled or eroded out due to shallow rooted systems during establishment Source of Cuttings from Commercial Stock Willows and cottonwoods have been used extensively for riparian rehabilitation because they are easily established from cuttings. Cuttings can sometimes be obtained from commercial nurseries or more commonly from native stands located near rehabilitation sites. When buying cuttings from commercial sources, released varieties of adapted species should always be specified when available. 1?j PMCs conduct extensive research and testing with native willows and cottonwoods collected from service area states having similar climate, soils, and topography. Once a willow or cottonwood meets the testing criteria, it is released to the public. Commercial nurseries and growers then propagate the species on a much larger scale for sale. The released variety name is the key to getting a plant adapted to conditions similar to where it was tested. All named varieties have documentation that describes growth characteristics, performance, and selection criteria. This ensures they are the same stock as originally tested. Plugs, conetainers, bare -root, potted, and paper -sleeved nursery stock purchased through nurseries should be established from local materials. This could be from a local ecotype or the same watershed, but should no eom-more more -th=an 2UU miles eastor west or -1'00 in—fln norther south—ur tnore-dian-2000-feeMleva difference from planting site. Ask the nursery where the stock came from. Source of Cuttings from Native Stands Native willow and cottonwood stands located near the rehabilitation site are the most common source of cuttings. Native stands of willow and cottonwood are adapted to local conditions, but may have or have had insect and disease infestations which can stress the plants in the potential "mother" stand. Low water years and long periods of drought may also stress the plants. This stress means that the stem cuttings may not have peak energy reserves. Low energy reserves translate into lower establishment success. When planning the number of cuttings to harvest, take these stress indicators into account. Always obtain permission to harvest from the landowner, private or public, before starting to cut. Timing of Harvest Establishment success is significantly increased if cuttings are taken from live, dormant willows or cottonwoods either after leaf fall in late fall, winter, or very early spring before the buds start to break. Densmore and Zasada (1978) found that spring collections survived better than fall collections. However, studies in Idaho have found no such differences (Hoag 1991; Hoag et al. 1991; Hoag et al. 1992). See "Storage" section for procedures when harvesting well before the projected planting date. In some cases, when access to the stream is limited due to regulatory concerns or during fish migration periods (i.e. during salmon migration runs in the spring and the fall), planting may be restricted to non -dormant periods. Rather than do nothing, consider harvesting the cuttings when the plants are in full leaf. When cuttings are harvested during these growth stages, expect the establishment success rate to decrease. Experiments at the Aberdeen Plant Materials Center have shown that when the plants are leafed out and harvested, the establishment success is about 40-50%. If you plan to plant during the active growing season consider planting more cuttings to make up for the lower success rate. Cutting Diameter Cuttings should generally be 3/4 inch diameter or larger depending upon the species (Briggs and Munda 1992; Hoag 1991; Hoag et al. 1991; Hoag et al. 1992; Fenchel et al. 1988). 10 Rhizomatous or spreading willow stems will rarely get much bigger than 3/4 inches in diameter. Tree - type willows can be several inches in diameter. Larger diameter cuttings have more energy and stored reserves than smaller diameter cuttings. Highest survival rates are obtained using cuttings 2 to 3 inches in diameter. Cuttings as large as 8 inches in diameter have been tested with excellent success (Carlson et al. 1991; Hoag et al. 1992). However, the larger the cutting diameter, the longer the cutting should be, and the deeper the hole should be to support it. The deciding factor for selecting the cutting diameter is the planting method you will use (see Planting Methods). Larger diameter and longer cuttings will be needed for more severely eroding sites and where the water table is deeper. When planting into rock riprap cuttings should be at least 3- 5 inches in diameter. Cuttings this size will not bend or break when pushed between the rocks in the riprap. Cutting Length Cutting length is largely determined by the depth to the mid -summer water table and erosive force of stream at the planting site (Briggs and Munda 1992; Fenchel et al. 1988; Hoag 1991; Hoag et al. 1991; Hoag et al. 1992). Plantings can occur at the water line, up the bank, and on top of bank in relatively dry soil, as long as cuttings are long enough to reach into the mid -summer water table. Make sure: * 6-8 inches of cutting are in the mid -summer water table * 3-4 buds are above the ground * No less than 1/2 the total length is in the ground * if long periods of inundation exceeding 30 days are likely, cuttings should be long enough to extend 6-12 inches above the expected high water level * If weeds are a problem, the cutting should extend above herbaceous growth in summer to receive adequate light and below the weed root mass to minimize competition (Hoag et al. 1991; Platts et al. 1987) When planting for bank stabilization, the cutting should extend 2-3 feet above ground so as it leafs out, it can provide immediate bank erosion protection. The cutting should be planted as much as 3-5 feet into the ground (sometimes deeper to ensure they are in the mid- summer water table). If they are not planted this deep, moving water can erode around cutting and rip it out of the ground. Tests have shown that even with established root systems as long as 15-28 feet, the erosive power of a stream can rip a short cutting out of the ground (Hoag 1991; Hoag et al. 1991; Hoag et al. 1992). Harvesting Cuttings Once cutting size and source locations have been detennined, the actual cutting process can begin. Lopping shears, pruning shears, a small wood saw, brush cutters, or a chain saw can be used to harvest cuttings. Size of the cuttings will detennine what you use to harvest them. * Ensure all equipment is sharp and make clean cuts. * Use live wood at least 2 year old or older. However, very old wood should not be used (Briggs and Munda 1992; Fenchel et al. 1988). Chmelar (1974) indicated that larger and older wood is required to propagate species that are difficult to root. The best wood is 2-7 years old with smooth bark which is not split or deeply furrowed. * Avoid whips and suckers (current year's growth) because they lack the stored energy reserves necessary to consistently sprout when planted especially in dry conditions. * No more than 1/3 of any individual plant should be removed. In the case of rhizomatous species, no more than 40-50% of the stand should be removed. * Select branches which will not impair the source willows health and appearance. * When harvesting from native stands, ensure the stand will not be denuded or destroyed by your cutting activity. * Consider removing cuttings from inside the crown area rather than the more visually obvious exterior area. Try to spread your harvesting activity throughout the stand. * Remove the apical bud plus several inches off of the cutting. The apical bud (bud at the tip of the branch) draws too much energy from stored reserves, reducing the chance of survival. Its removal will reroute energy to the side buds including the root buds. The upper part of the 12 stem also has the flowering parts (Kay and Chadde 1992). By cutting it off, energy is also redirected to the root and branch primordia in the older parts of stem. * Trim off all side branches so cutting is a single stem. * A processing consideration is to cut the top of cutting with a horizontal cut and bottom of cutting with a 45 degree cut. This allows quick recognition of cutting top (see also Sealing Harvested Cuttings). * Care should be taken to select materials free of splitting, disease, and insect damage. Painting Harvested Cuttings One of the most important steps in this process is the identification of the TOP of the cutting. If cutting is planted upside down, significant mortality can occur. To identify which end is the top of cutting, look at the leaf scar and emerging buds. Buds emerging from leaf scar always point up. In addition, the stem is usually smaller diameter near top of cutting, but this is not always obvious. The leaf scars are the most reliable key. When the top of cutting has been identified, it can be painted. Dipping the TOP 1-2 inches of cutting into a 50:50 percent mix of light colored latex paint and water, does a number of things. Perhaps the best reason for painting the top of cuttings is it helps inexperienced planting crews plant cuttings properly, with the top up! It also helps locate the cuttings more easily for future planting evaluations. It may also prevent excessive transpiration of water from cutting (the literature is mixed on this point, but Aberdeen Plant Materials Center research shows a higher establishment rate can be expected) This technique is inexpensive, easy, and effective. Storage The preferred timing for harvesting willow and cottonwood cuttings is when they are dormant. To minimize storage time, harvest cuttings in late winter to early spring and plant immediately when possible. If this is not possible, cuttings can be harvested in late fall or winter and stored in a large cooler at 33-407 until just before planting. Cuttings can be stored for 3-4 months in a cooler. In Illinois, cuttings are stacked outside and covered with snow until they are planted in the spring (personal communication, D. Roseboom, Illinois State Water Survey, 1993). Whether cuttings are kept in a cooler, root cellar, garage, or shop floor, make sure the storage area is dark, moist, and cool at all times. If 13 cuttings are stored at higher temperatures, a fungicide should be applied to prevent damage caused by pathogens or saprophytes (personal communication, D. Darris, Corvallis PMC, 1993). Treatment of Cuttings Testing at Aberdeen PMC using fertilization, treatments with rooting hormone, or treatments with a fungicide have not significantly affected the rooting or establishment of willow and cottonwood et al. 1992; Fenchel et al. 1988; Ogle 1990). Many willows and cottonwoods are very easy to root without special treatment. These treatments increase cost, labor requirements, and time necessary to plant without significantly increasing survival. Pre -plant Soaking of Cuttings 001, 450 Soaking the cuttings prior to planting will increased survival in addition to root and shoot production. Pre-soaking improves stem water content and early root and shoot initiation (Phipps et al 1983; Schaff et al 2002). Phipps et al (1983) indicated that pre-soaking in water is beneficial under hot, dry conditions that induce high moisture stress. The increased water content from pre-soaking allows the cuttings to cope with planting in dry conditions by delaying desiccation and loss of cell turgor (Schaff et al 2002). Pre- soaking that results in early root and shoot fon-nation can also extend the growing period during the establishment year, which is important when establishing plants in colder climates (Phipps et al 1983). Soaking is important because it initiates root growth processes within the inner layer of bark in willows and cottonwoods. Prior to planting, all cuttings should be soaked for a minimum of 24 hours (Hoag 1991; Hoag et al. 1991; Hoag et al. 1992). Some research recommends soaking the cuttings for as long as 10-14 days (Briggs and Munda 1992; Fenchel et al. 1988). The main criterion is that cuttings should be removed from water prior to root emergence from the bark. This normally takes 14 days or longer depending upon species (Peterson and Phipps 1976). The entire cutting should be covered with water. Any part of cutting that is exposed will start sprouting as the soaking date comes closer to bud break. Soaking can be accomplished in a garbage can, irrigation ditch, stream, pond, lake, or other body of water that is deep enough as long as the cuttings are protected from sun and wind exposure during the soaking process. Soaking significantly increases the survival rate of the cuttings (Briggs and Munda 1992; Fenchel et al. 1988; Hoag 1991; Hoag et al. 1991; Hoag et al. 1992; Peterson and Phipps 1976). Spacing Considerations 14 Plant cuttings about 1-3 feet apart for creeping -types, 3-8 feet apart for shrub -types and about 8-16 feet apart for tree -types. In areas where you expect erosion, plant creeping -types 1-2 feet apart to ensure better protection of the banks. If the holes are large enough, multiple stems can be planted together. Exact spacing between tree -types further up the bank in the transition zone and creeping or shrub -types in the bank or overbank zone should be based on crown characteristics and height. General ideas on spacing can be found in Idaho Plant Materials Technical Note No. 43: Ti•ee Planting Care and Managenlent (Stange et al 2002). However, crowding cuttings a little will not stress them because they will not lack for water when planted into the mid-season water table and more dense plantings will provide better protection to the bank. When to Plant Willow and cottonwood cuttings have been successfully planted from early spring to late fall (dormant plantings). * Preferably, cuttings should be planted in early pring after spring runoff occurs in streams or after high water drops to typical levels on reservoirs, ponds, or lakes. * Rooted stock should be planted in early spring after frost has left soil. See Idaho Plant Materials Technical Note No. 43 for additional information. Avoid planting cuttings or rooted stock during the heat of summer because of the stress it places on them. * When planting multiple sites along a stream, sites may need to be planted in different years. * Consideration should be given to planting outside curves first and allowing time for establishment. Delay planting the inside curve until two or three years later. The inside curve is often not eroding and will begin to heal without planting. In addition, if the inside curve becomes established prior to the outside meander; there is a good chance that the stream current will be pushed into the eroding outside meander. This will increase the stress on the outside meander and make establishing woody riparian species more difficult. Planting Methods and Planting Cuttings Backhoes, excavators, tractor -mounted posthole diggers, one- or two -person posthole diggers, soil augers, planting bars, shovels, soil probes, The Stinger, the waterjet stinger, or simply pushing the cutting into moist soil have all been used successfully to plant willow and cottonwood cuttings. When selecting the appropriate planting method, you should keep several things in mind. Bobcat with auger attachment, Parker, AZ wzAi • '�: 4 4j a� Yr ��` rr'y: 16 ,i'b;'•� `j t��rti }r Y tit`i�„°.Gpv �1, 1:1• r as• ) l ..�i * It is essential to have good contact between cutting and soil for roots to sprout. Air pockets around the cutting will kill the roots. 15 * Additional soil may be needed to ensure good soil to stem contact. Preference should be given to native soil nearby to encourage mycorrhizal formation and/or nodule formation by nitrogen - fixing organisms. * Mud the cuttings in after they are placed in the hole. Use a bucket and mix soil and water together to get the consistency of cheap syrup. Pour the mix into the hole around the cutting until it reaches the surface. As the water leaches into the surrounding soil, the soil will settle out around the cutting and will ensure good soil to stem contact. * The planting depth will determine the planting method. Deeper holes will be easier if you use a power auger, he Sfinger, the waterjet st-in er, ora soil- au . * Experimentation with planting methods before starting will ensure the right equipment has been selected. This would also be a good time to train the planting crew on use of equipment, safety and planting techniques. The Stinger is a 3.5 in diameter bar of cold rolled steel that is attached to a backhoe or excavator in place of the bucket. It is used to retrofit rock riprap with willows and cottonwoods. For more information, see Idaho Plant The Stinger planting tree -type willows on the Snake Materials Technical Note 6: The Stinger, a River near American Falls, ID tool to plant unrooted hardwood cuttings of willow and cottonwood species for riparian or shoreline erosion control or rehabilitation (Hoag and Ogle 1994). The waterjet stinger is a hydrodrill that uses high pressure water to drill a hole in the streambank. This tool is composed of a high pressure water pump with 2 probes that have stainless steel nozzles that increase the water pressure so it comes out the holes in the nozzle at 80 psi. When the nozzle is placed on the streambank, the water liquefies the soil and cuts a hole as it goes down. The soil is in solution with the water. When the hole is deep enough, the probe is removed and an unrooted willow or cottonwood pole is inserted into the hole. As the water and soil solution settles, the water moves into the soil profile and the soil settles out around the cutting eliminating air pockets that might form around the cuttings resulting in excellent stem to soil contact. Complete information on how to build a waterjet stinger and it's use can be found in Idaho Plant 16 Materials Technical Note 39: Wale7jet Slinger, A tool to plant dormant unroofed cuttings of willows, cottonwoods, dogwoods, and other species (Hoag et a] 2001). Clump Planting Clump plantings can be used in areas where heavy runoff occurs or where the water column directly impacts vertical banks. See Idaho Plant Materials Technical Note 42: Planting Willow Clumps (Hoag 2003) for more information. These areas are difficult to plant and establish with traditional methods. * The basic procedure is to locate clumps of willows that are accessible to a backhoe * The backhoe digs up a clump of willows, travels back to the planting site, and places the willow clump in a predetermined location by pushing out a hole as it deposits the clump. * Clumps are then placed close together along the entire problem section of stream to keep water from cutting around the planting. Pulling or pushing soil from the streambank above willow clumps and packing it behind clumps will improve establishment success and assist in bank shaping. * Sod of rhizomatous grass and grass- like species can be placed behind the willow clumps to speed up recovery time of the mid to upper banks. Some minor bank shaping will improve establishment of the herbaceous material. Grass species can also be seeded by hand. Willow clump harvest, Fox Creek, Driggs, ID * Planting should be completed following high water flows in the spring to reduce chance of ripping clumps out before the clumps are well rooted and start to spread. * Temporary protection, such as steel posts with woven wire, sunlight degradable netting, etc., may be necessary to hold willow clumps in place until they are well established which may take 1-3 years. Usually, this is only necessary in areas were high velocities impact the bank. Other Planting Stock See Idaho Plant Materials Technical Note No. 43: Tree Planting Care and Management (Stange et al 2002) for infonnation on planting nursery stock. Permits The landowner is responsible for all peri -nits prior to any planting. The completed plan should be copied as needed and provided to the landowner for submission to the state Department of Water Resources and/or US Army Corps of Engineers. Each state has specific permitting requirements and the landowner is responsible for locating the appropriate agency. Normally any work done in a stream channel requires notification and approval by these agencies and the issuance of permits before work can begin. 17 Management and Maintenance Preserve or initiate management that will keep, maintain, and improve the planting and other riparian vegetation. Proper management is necessary to maintain healthy, competitive plants that function for the intended objectives. This is as important as the planting itself to ensure long- term rehabilitation of the riparian area. Some maintenance will be needed on site for several years after planting. Vegetation should be evaluated and monitored annually. Some replanting will be needed in succeeding years. If you don't replant the first or second year, your continuous barrier could be jeopardized. Once water gets behind the protected line you have planted, it is extremely difficult to repair the damage. Monitoring thesu e is necessary so any in -stream organic material-(i.e: oold-logs, deadroot mas s, branches, etc.) can be removed before stream flow is deflected or gravel bars form. It is much easier to prevent this kind of damage than it is to repair it. As the planting ages and plants start to develop their growth form, some may need to be trimmed or cut to stimulate smaller and denser growth. Trimming should be done in the dormant season so willow growth is not slowed during the growing season. During the establishment period, leave standing dead branches in the clump plantings to reduce stream flow velocities, thus protecting the establishing clumps. If livestock use the area, a prescribed grazing plan should be developed. Little to no grazing should occur during the establishment period. This can take 2-5 years depending on growing conditions. Larger planting stock may be more resistant to grazing pressure, but should be monitored closely to avoid serious damage. Temporary fencing may be necessary to control livestock and wildlife use of the planting during the establishment period. Permanent fencing is an option to prevent grazing by livestock and/or wildlife. Consideration should be given to the creation of "riparian pastures", i.e. grazing units that include riparian zones and floodplains as a majority of the pasture. These riparian pastures increase management 18 flexibility but often require increased maintenance as a result of heavy grazing pressure from both livestock and wildlife. Water gaps to allow livestock access to the stream when necessary should be planned in transition sections between meanders. Off site water may be a better choice in terms of protecting the riparian buffer, increased calf gains, and better overall herd health. These areas have reduced erosion potential, are generally gravelly, and can be planted to a rhizomatous willow that will resprout easily. Access to water gaps can also be protected with gravel or concrete pads if heavy trampling problems arise. Finally it is critical to protect streambanks and plantings from continuous use during long winter feeding periods. Feed grounds should be located away from streamside areas. If this is not possible, the area should be fenced and water gaps or off-site water provided so direct access to riparian corridor is controlled and potential pollutants can be filtered prior to overland surface waters enter the stream. Additional information and more technical papers Visit littp://www.plant-materials nres usda >?ov/idpmc/riparian litml for additional information on a variety of riparian and wetland plants and planting techniques. References Biggs, A.R., Davis, D.D., Merrill, W. 1983. Histopathology of Cankers Caused by Cytospora chysosperma. Canadian Journal of Botany 61(2): pp 563-574. Briggs, J.A. 1991. Cytospora Canker of Poplar and Willow Trees. USDA -SCS, Nevada Plant Materials Technical Note, Nevada State Office, Reno, NV. 2 p. Briggs, J.A. and B. Munda. 1992. Collection, evaluation, selection, and production of cottonwood poles for riparian area improvement. Final Report to the US Fish & Wildlife Service. USDA -SCS, Tucson Plant Materials Center, Tucson, AZ. 32 p. Carlson, J.R. 1992. Selection, production and use of riparian plant materials for the western Unites States. In: Proceedings --Intermountain Forest Nursery Association. USDA Forest Service Gen. Tech. Rep. RM -21 1. Rocky Mountain Forest and Range Experiment Station, Ft. Collins, CO. pp 55-67. Carlson, J.R., Conaway, G.L., Gibbs, J.L., and Hoag, J.C. 1991. Design criteria for revegetation in riparian zones or the intermountain area. In: Proceedings --Symposium on Ecology and Management of Riparian Shrub Communities. USDA Forest Service Gen. Tech. Rep. RM -65. Rocky Mountain Forest and Range Experiment Station, Fort Collins, CO. pp 163-166. Carlson, M.C. 1938. The formation of nodal adventitious roots in Salix cordata. American Journal of Botany 25: pp 721-725. Carlson, M.C. 1950. Nodal adventitious roots in willow sterns of different ages. American Journal of Botany 37: pp 555-561. Chmelar, J. 1974. Propagation of willows by cuttings. New Zealand Journal of Forestry Science 4: pp 185-190. Crouse, M.R. and R.R. Kindschy. 1984. A method for predicting riparian vegetation potential of semi- arid rangelands. In: Proceedings --1984 Pacific Northwest Range Management Short Course; 19 range watersheds, riparian zones, and economics: interrelationships in management and use, Corvallis, OR. 83 p. Densmore, R. and J.C. Zasada. 1978. Rooting potential of Alaskan willow cuttings. Canadian Journal of Forest Research 8: pp 477-479. Dirr, M.A. and C.W. Heuser, Jr. 1987. The reference manual of woody plant propagation: from seed to tissue culture. Varsity Press, Inc., Athens, GA. 239 p. Fenchel, G., W. Oaks, and E. Swenson. 1988. Selecting desirable woody vegetation for environmental in ffigafi on an coffin rolling wind erosion and undesirable plants in the Rio - rande —and -P- River valleys of New Mexico. Five year interim report (1983-87). Los Lunas, NM: USDA -SCS Los Lunas Plant Materials Center. 49 p. Fischenich, C. 2000. Glossary of Stream Restoration Terms. USACE Waterways Experiment Station, ERDC TN-EMRRP-SR-01, Vicksburg, MS. 16 p. Haissig, B.W. 1970. Preformed adventitious root initiation in brittle willows grown in controlled environment. Canadian Journal of Botany 48: pp 2309-2312. Haissig, B.W. 1974. Origins of adventitious roots. New Zealand Journal of Forest Science 4(2): 299-310. Hoag, J.C. 1991. Planting Techniques from the Aberdeen, ID, Plant Materials Center for vegetating shorelines and riparian areas. In: Proceedings --Symposium on Ecology and Management of Riparian Shrub Communities, USDA Forest Service Gen. Tech. Rep. RM -65. Rocky Mountain Forest and Range Experiment Station, Fort Collins, CO. pp 163-166. Hoag, J.C., G.L. Young, and J.L. Gibbs. 1991. Planting techniques for vegetating riparian areas from the Aberdeen Plant Materials Center. Paper presented at The 45th Annual Meeting of the Society for Range Management, Spokane, WA. 6 p. Hoag, J.C., and H. Short. 1993. Use of willow and poplar cuttings for vegetating shorelines and riparian areas. Paper presented at USA Corps of Eng. & USBR Reservoir Shoreline Erosion Control and Revegetation Workshop, Riverton, WY. April, 1993. 12 p. Hoag, J.C. and D.G. Ogle. 1994. Technical Note 6: The Stinger - a Tool to Plant Unrooted Hardwood Cuttings of Willow and Cottonwood Species for Riparian or Shoreline Erosion Control or Rehabilitation. USDA- NRCS, Boise, ID. ID -TN 6, Jun. 1994. 7p. Hoag, J.C., F.E. Berg, S. K. Wyman, and R.W. Sampson. 2001. Riparian Planting Zones in the Intermountain West. USDA-NRCS Aberdeen Plant Materials Center, Aberdeen, ID. Riparian/Wetland Project Information Series No. 16, Mar. 2001. 24p. Hoag, J.C., B. Simonson, B. Cornforth, and L. St. John. 2001. Technical Note 39: Waterjet Stinger - A tool to plant donnant unrooted cuttings of willows, cottonwoods, dogwoods, and other species. USDA-NRCS, Boise, ID. ID- TN39, Feb. 2001. 13p. Hoag, J.C. 2003. Technical Note 42: Willow Clump Plantings. USDA-NRCS Aberdeen Plant Materials Center, Boise, ID. TN -42, Dec. 2003. 8p. 20 Hoag, JC. 2005. Simple Identification Key to Common Willows and Cottonwoods of the Intermountain West. USDA-NRCS Aberdeen Plant Materials Center, Aberdeen, ID. Riparian/Wetland Information Series 19, May 2005. 16p. Kauffinan, J.B. and W.C. Krueger. 1984. Livestock impacts on riparian ecosystems and streamside management implications ... a review. Journal of Range Management 37: pp 430-437. Kay, C.E. and S. Chadde. 1992. Reduction of willow seed production by ungulate browsing in Yellowstone National Park. In: Proceedings --Symposium on Ecology and Management of Riparian Shrub Communities. USDA Forest Service Gen. Tech. Rep. RM -65. Rocky Mountain Forest and Range Experiment Station, Fort Collins, CO. pp 92-99. Natural Channel Designs, 2006. Santa Clara River Master Plan, St. George, UT. Tom Moody, Flagstaff, AZ. August 2006. Ogle, D.G. 1990. Restoration of Severely Eroded Streambanks Using Willow Poles. Paper presented at SCS Training Course (EP&I), Boise, Idaho. 2 p. Parsons, P.A. 1963. Vegetative control of streambank erosion. In: Proceedings of the Federal Interagency Sedimentation Conference. Misc. Pub]. 970. USDA Agricultural Research Service (Science and Education Administration), Washington, D.C. pp 130-136. Peterson, L.A. and H.M. Phipps. 1976. Water soaking pretreatment improves rooting and early survival of hardwood cuttings of some Populus clones. Tree Planter's Notes 27 (1): pp 12, 22. Phipps H.M., E.A. Hansen and A.S. Fege. 1983. Pre -plant soaking of dormant Populzrs hardwood cuttings. St. Paul (MN): USDA Forest Service, North Central Forest Experiment Station. Research Paper NC -241. 9 p. Platts, W.S. 1981. Impairment, protection, and rehabilitation of Pacific Salmonid habitats on sheep and cattle ranges. In: Proceedings --Propagation, enhancement and rehabilitation of anadronmous Salmonid habitat in the Pacific Northwest. Humboldt State University, Arcadia, CA. pp 82-92. Platts, W.S. and J.N. Rinne. 1985. Riparian and stream enhancement management and research in the Rocky Mountains. North American J. Fish Manage 5: pp 1 15-125. Platts, W.S., C. Armour, G.D. Booth, and others. 1987. Methods for evaluating riparian habitats with applications to management. USDA Forest Service Gen. Tech. Rep. INT -221. Intermountain Research Station, Ogden, UT. 177 p. Schaff S.D., S.R. Pezeshki, F.D. Shields. 2002. Effects of pre -planting soaking on growth and survival of black willow cuttings. Restoration Ecology 10(2):267-274. Skovlin, J. M. 1984. Impacts of grazing on wetlands and riparian habitat: a review of our knowledge. in: Natural Research Council/Natural Academy of Sciences. Developing Strategies for rangeland management, Boulder, CO: Westview Press. pp 1001-1103. Stange, C., D.G. Ogle, and L. St. John. 2002. Technical Note 43: Tree Planting Care and Management. Idaho NRCS State Office, Boise, ID. Apr. 2002. 30p. 21 Thomas, J.W., C. Maser, and J.E. Rodiek. 1979. Wildlife habitats in managed rangelands --the Great Basin of southeastern Oregon, riparian zones. USDA Forest Service Gen. Tech. Rep. PNW-80. Pacific Northwest Forest and Range Experiment Station, Portland, OR. 18 p. USDA, NRCS 2006. Idaho Web Page(littp://w\vw.id.nres.Llsda.�iov/pi-o�—,rains/plailt.litml, 25 July, 2006). Idaho NRCS State Office, Boise, ID 83709 USA Van Haveren, B.P. and W.L. Jackson. 1986. Concepts in stream riparian rehabilitation. In: Transactions of the 51 st North American Wildlife and Natural Resources Conference. pp 280-289. The United States Department of Agriculture (USDA) prohibits discrimination in its programs on the basis of race, color, national origin, sex, religion, age, disability, political beliefs, and marital or familial status. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact the USDA Office of Communications at (202) 720-2791. To file a complaint, write the Secretary of Agriculture, U.S. Department of Agriculture, Washington, D.C. 2020, or call (202) 720-7327 (voice) or (202) 720-1127 (TDD). USDA is an equal employment opportunity employer. 22 TECHNICAL NOTE USDA -Natural Resources Conservation Service Boise, Idaho TN PLANT MATERIALS NO. 42 DECEMBER 2003 Willow Clump Plantings J. Chris Hoag, Wetland Plant Ecologist Plant Materials Center, Aberdeen, Idaho �A Sr �. Excavator moving a harvested willow clump to planting site oil Maly Jane Creek, Manitou, Manitoba, Canada in 2000. Willow Clump Plantings J. Chris Hoag, Wetland Plant Ecologist, Plant Materials Center, Aberdeen, Idaho Introduction: Willow clump plantings are a streambank soil bioengineering technique that can be used when large stands of willows are available in the project site area. This Streambank Soil Bioengineering technique harvests an entire live willow clump including the above ground stems and roots. This method unlike pole cuttings, already has part of the root system present, so the willow doesn't need to grow as many new roots from scratch. This results in a significant advantage for the plant in terms of shortened establishment period, lower failure rate and faster protection of the problem site. Another principle that makes this technique desirable is that willows are depositional plants. Willows generally grow in riparian areas and on flood plains that commonly receive sediment from upstream sources. Some of this sediment deposits around the stems when stream flows bring high sediment laidened water that flows through the willow stems, slowing flow velocity and thus dropping sediment. Willow stem collars (where the stem meets the root material), unlike conifers for example, do not need to be at the soil surface or slightly below the soils surface in order for the plant to survive. When sediment is dropped out of the water column, it accumulates around the stem. As the stems are covered with sediment, the root buds in the stem swell and start to sprout roots. This is one way willows increase their root mass. This also results in more stems and leaves. This ability to adapt to sediment deposition makes willow clump plantings a great Streambank Soil Bioengineering technique especially on channel reconstruction projects, for stabilizing outside meanders, areas where cuttings are difficult to plant, and where soil conditions such as saturation or very fine soils make it difficult for willow cuttings to establish new roots. Willow clump harvesting and planting methods • This method should only be used where willows cover extensive areas of the floodplain or meadow areas. In addition, the willow stand should show good regeneration over the area. • Locate willow clumps that are young and vigorous, about 8-20 feet tall, and about the diameter of the backhoe bucket. Dig straight down and under to the willow clump root mass. Start the hole about 10 inches away from the stems and dig down about the depth of the bucket (approximately 2 feet). Try to get about 70% of the root mass. 2 s moi* y 1 f 1 ti. r �•- Jt 2 • If the planting site is close to the willow clump source, dig the clump and travel to the planting site with it in the bucket. Try to keep as much soil as possible around the root mass. `t y i F i dnd)�k ' +Y a • If the planting site is a long distance from the harvest site, dig as many willow clumps as you can fit on a flatbed trailer and replant within one hour. Do not allow the clumps to dry out significantly. Transport the clumps to the planting site on the trailer. If it is sunny and hot, consider temporarily tarping the clumps to reduce sun exposure and potential drying during transport. Water the willow clumps when they have arrived at the planting if it will some time before clumps can be planted. Avoid leaving the clumps for long periods in the sun. • Dig the clumps about 15- 20 feet apart in areas that have lots of willows. Do not harvest willows from critical locations that would be prone to future erosion. The hole that the willow was removed from should be refilled with local, good quality soil materials from off-site locations. Pack the soil firmly in the excavated hole. 7 • Soil conditions will vary from site to site. In some situations, you will be able to plant the clumps without pre -digging the planting hole by pushing the soil out of the hole with the bottom of the backhoe bucket and then dropping the clump into this hole. Under more difficult soil conditions or where the water -table is deep, you will need to pre -dig the holes to put the willow clumps in. Dig the K] holes deep enough so you are just above the standing watertable. Do not dig into the watertable. Ideally you want the root mass of the clump to be in the saturated moisture zone and not in the standing water zone. Dig a hole that is close to the diameter of the clumps. You want to have at least 4- 5 feet of the willow stems sticking out of the ground when you are finished planting the clump. VFW • Pull the clumps off the trailer with a thumb on the backhoe or with the front-end bucket and drop them in the holes. Fill in the hole with soil and water. Muddy -in the willow clump s so there are no air pockets around the root mass. • The last step is to take a set of loppers and cut off about one third to one half of the willow tops straight across. This decreases the amount of stem that the reduced root mass will have to support. It also stimulates a dense regrowth of stems and leaves that will speed up the photosynthesis process to grow additional roots, stems, and leaves and store energy in the root mass. • Spacing between the willow clumps should be about 6-15 feet. This depends on the critical streamflow energy you are trying to protect against. If your harvest site does not have enough willows, change to a wider spacing. However, the wider the spacing, the more the potential stream energy can impact the bank area you are trying to protect. 4 This method is more successful than planting cuttings and more tolerant of droughty conditions. You should always obtain permission to harvest clumps from the landowner or public land management agency. In addition, state and federal regulators should be consulted to obtain permits if required and to ensure that they concur with the practice. Case Study Examples Medicine Lodge Creek, ID A serious bank erosion problem on the lower end of Medicine Lodge Creek about 15 miles West of Dubois, Idaho on the Jack Webster ranch was designed and treated with rock rip -rap, clumps, stream barbs, fascines, and a brush mattress by Bob Lehman, NRCS AEin 2000. This area is extremely dry and the riparian vegetation is limited to the wetted areas of the stream. The willow clump plantings established extremely well and helped to add aesthetics to the rock rip -rap as well as other functions like wildlife habitat, water quality improvement, and fish habitat. Figure 1: Eroding bank on the Jack Webster Ranch, lower end of Medicine Lodge Creek about 15 miles West of Dubois, ID in March, 2000. Figure 1: Willow clumps installed in rip -rap along the lower end of Medicine Lodge Creek about 15 miles West of Dubois, ID in August, 2000. 5 V. ' _ I Figure 1: Willow clumps installed in rip -rap along the lower end of Medicine Lodge Creek about 15 miles West of Dubois, ID in August, 2000. 5 114-41 &11&.� ...... Figure 2: Willow clump planting on Medicine Lodge Creek after one growingseason (August, 2001). Irving Creek, ID Irving Creek, a tributary of Medicine Lodge Creek about 25 miles West of Dubois, Idaho near the Montana border, had some major erosion problems because of an improperly installed culvert. The entire stream below the culvert was downcut and the willow community was dying because the watertable was well below the root mass. The steep banks were reshaped and willow clumps were placed at the toe of the bank. Large rocks were placed as toe rock in front of the clumps. The willow clumps were trimmed back so that about 1/3 of the stems remained. New growth was extensive and lush. Figure 3: Steep cut bank on Irving Creek was being eroded away especially during high water periods. The landowner signed up for a NRCS program called Continuous CRP to restore the stream in exchange for fencing out the cows. 2 Figure 4: Willow clumps installed on Irving Creek, a tributary of Medicine Lodge Creek, about 25 miles West of Dubois, ID Corral Creek, ID Corral Creek, near Fairfield, Idaho in Camas County is a small stream that had major bank erosion. The landowner wanted to restore the willow community and protect adjacent grazing lands. A large willow community was located close to the project site and willow clumps were harvested and brought to the site where the backhoe placed the clump into the bank by pushing the soil out of the hole with the bottom of the backhoe bucket and then dropping the clump straight into the hole. Sod mats from adjacent locations were then placed above the willow clumps to the top of the bank. This was the first willow clump planting project by NRCS in the state of Idaho— installed in 1985. Figure 5: Willow clump planting with sod mats on a streambank of Corral Creek near Fairfield, Camas County, ID 7 Figure 6: Corral Creek willow clump planting after a few years ofgrowth. Note sediment deposition and grass growth between willows and stream — most of this deposition occurred the first year following plantingas a result of the willow clumps, when above ground willow stents reduced the stream energy flow rate on the outside meander resulting in sediment deposition in front of the willow clumps. This was quickly followed by natural revegetation of the sediment and permanent relocation of the low flow stream channel. The United States Department of Agriculture (USDA) prohibits discrimination in all its programs on the basis of race, calor, national origin, gender, religion, age, disability, political beliefs, sexual orientation, and marital or familial status. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape) should contact USDA's TARGET center at 202-720-2600 (voice and TDD). To file a complaint, write the USDA, Director, Office of Civil Rights, Room 326W, Whitten Building, 14'h and Independence Avenues, SW, Washington, D.C. 20250-9410 or call (202) 720-5964 (voice and TDD). USDA is an equal opportunity provider and employer. DAILY RECORD/KITTITAS PUB C/O IDAHO STATE JOURNAL RECEIVABLES PO BOX 1570 POCATELLO ID 83204 (509)925-1414 ORDER CONFIRMATION Salesperson: LAURA FISHBURN Printed at 04/22/16 15:30 by lfi18 ----------------------------------------------------------------------------- Acct #: 84329 Ad #: 1449100 Status: N KC COMMUNITY DEVELOPMENT SERVICES Start: 04/28/2016 Stop: 05/05/2016 411 N. RUBY ST, SUITE 2 Times Ord: 2 Times Run: *** ELLENSBURG WA 98926 STD6 2.00 X 4.11 Words: 250 Total STD6 8.22 Class: 0001 LEGAL NOTICES Rate: LEG2 Cost: 142.21 # Affidavits: 1 Contact: STEPH MIFFLIN Ad Descrpt: NOTICE OF SEPA ACTION Phone: (509)962-7506 Given by: DOC HANSEN Fax#: Created: lfi18 04/22/16 15:27 Email: kaycee.hathaway@co.kittitas. 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Without approval of the development agreement, the final plat will be completed for the entire project without phasing. Approval of the proposal will not change the approved preliminary plat design or conditions for approval and therefore, has been determined to have no significant environmental impact. The subject property is located north of Dry Creek Road and west of Reecer Creek Road comprising a portion of the W ‰ of Section 27, T 18N, R 18 E.W.M in Kittitas County. The complete application file may be viewed at Kittitas County Community Development Services, 411 N. Ruby St. Suite 2, Ellensburg, WA 98926. Any action to set aside, enjoin, review, or otherwise challenge such administrative SEPA action on the grounds of noncompliance with the provisions of chapter 43.21(C) RCW shall be commenced on or before May 12, 2016 at 5:00 p.m. to the Kittitas County Board of Commissioners, Rm. 108, County Courthouse, Ellensburg, WA 98926. For additional information regarding SEPA appeal processes and procedures see KCC 15.04.210 and RCW 43.21C.075 Date: April 28, 2016 Publish Daily Record: April 28, 201 and May 5, 2016 Notice of SEPA Action Proposal to Phase Approved Preliminary Plat through Development Agreement NOTICE IS HEREBY given that pursuant to RCW 43.21(C), Kittitas County Community Development Services did on April 28, 2016 make a Determination of Non-Significance (DNS) to Chad Bala, agent for Cle Elum Pines East and West LLC, for a proposal to create a development agreement to permit the final plat approval in five separate phases. Without approval of the development agreement, the final plat will be completed for the entire project without phasing. Approval of the proposal will not change the approved preliminary plat design or conditions for approval and therefore, has been determined to have no significant environmental impact. The subject property is located north of Dry Creek Road and west of Reecer Creek Road comprising a portion of the W ½ of Section 27, T 18N, R 18 E.W.M in Kittitas County. The complete application file may be viewed at Kittitas County Community Development Services, 411 N. Ruby St. Suite 2, Ellensburg, WA 98926. Any action to set aside, enjoin, review, or otherwise challenge such administrative SEPA action on the grounds of noncompliance with the provisions of chapter 43.21(C) RCW shall be commenced on or before May 12, 2016 at 5:00 p.m. to the Kittitas County Board of Commissioners, Rm. 108, County Courthouse, Ellensburg, WA 98926. For additional information regarding SEPA appeal processes and procedures see KCC 15.04.210 and RCW 43.21C.075 Date: April 28, 2016 Publish Daily Record: April 28, 201 and May 5, 2016 C'S`�u`` i"T KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES b 411 N. Ruby St., Suite 2, Ellensburg, WA 98926 CDS cdCO.KITTITAS.WA.US Office (509) 962-7506 "Building Partnerships — Building Communities" Fax (509) 962-7682 xrrrrTAs CouN7Y 'i�m��"r"��. yy. �yry{� .....� ..-.+. T�•1C•^r'��r:^��, hS.. > ., i''s�� i,.� f -r� -?... '� "Y�;.._ AFFIDAVIT OF MAILING (to be filled out and kept in the files at all times) PROPOSAL NAME: Palomino Fields Development Agreement (DA -15-00001) NAME OF DOCUMENT: Notice of Decision for Determination of Non -Significance (DNS) NOTIFICATION MAIL DATE: April 29, 2016 Mailer: In addition to attaching copies of the documents mailed, please attach a copy of the names and addresses of those to whom the documents were mailed and of the public hearing notice sent to the newspapers. State of Washington County of Kittitas I certify that the acts of notification of land use action, including those requiring SEPA review, and other actions described in this document have occurred or have been performed. Subscribed and sworn to before me this i Staff Signature day of %l L' ,20 Ju'. Not Public for the Stat ashington residing in Ellensburg My appointment expires -/ CZ J ;_ V), 20I t �. COMMUNITY PLANNING • BUILDING INSPECTION ° PLAN REVIEW ° ADMINISTRATION ° PERMIT SERVICES ° CODE ENFORCEMENT ° FIRE INVESTIGATION SINCLAIR ARTHUR E TEANAWAY RIDGE LLC KUHN RONALD D & DEBORAH L 202 SINCLAIR RD PO BOX 808 2941 REECER CREEK RD ELLENSBURG WA 98926-6590 CLE ELUM WA 98922-0808 ELLENSBURG WA 98926-8815 BERG CHARLES S & STACY L TEANAWAY RIDGE LLC KEATON SANDRA 2214 DRY CREEK RD P 0 BOX 808 2821 REECER CREEK RD ELLENSBURG WA 98926.9446 CLE ELUM WA 98922 ELLENSBURG WA 98926 CLE ELUM PINES WEST LLC WILANT KEITH A BIVENS OLIVER L & DONNA J PO BOX 808 3230 REECER CREEK RD 2761 REECER CREEK RD CLE ELUM WA 98922-0808 ELLENSBURG WA 98926-8815 ELLENSBURG WA 98926.8814 THOMPSON BRIAN M ETUX JOHNSON RONALD W HOSKO WILLIAM J ETUX PO BOX 581 1510 106TH AVENUE CT E 2661 REECER CREEK RD ELLENSBURG WA 98926-1917 EDGEWOOD WA 98372-1539 ELLENSBURG WA 98926 STERKEL MARVIN H JR ETUX CARMEN JULIE D & PEARSON DAVID T 303 W 9TH ST WILEY MARC R 2110 REECER CREEK RD ELLENSBURG WA 98926 1511 W BOWERS RD ELLENSBURG WA 98926-9426 ELLENSBURG WA 98926-9306 GREAT ROUNDUP SSHI LLC POGUE DANIEL R COVENANT CHURCH 12910 TOTEM LAKE BLVD NE SUITE 220 2135 DRY CREEK RD 5270 WEAVER RD KIRKLAND WA 98034 ELLENSBURG WA 98926-9447 ELLENSBURG WA 98926-6711 DAGA DEVELOPMENT LLC CLE ELUM PINES EAST LLC HUNTER ROBERT E & WENDY L 1433 W UNIVERSITY WAY PO BOX 808 2125 DRY CREEK RD ELLENSBURG WA 98926-2334 CLE ELUM WA 98922 ELLENSBURG WA 98926-9447 STERKEL MARVIN H SR ETUX BASTERRECHEA ROBERT L POWNALL DEAN & LYNN 2073 REECER CREEK RD BASTERRECHEA SHANNON E 2015 DRY CREEK RD ELLENSBURG WA 98926 2641 REECER CREEK RD ELLENSBURG WA 98926-9447 ELLENSBURG WA 98926-9428 GORZE KEITH ETUX TATE BARBARA JEAN KNOLL BERNARD P PO BOX 1208 2218 DRY CREEK RD 2005 DRY CREEK RD ELLENSBURG WA 98926 ELLENSBURG WA 98926-9446 ELLENSBURG WA 98926.9454 SPURLING LORRAINE WOODS JOHN N HANSON CANDY M 3251 REECER CREEK RD 1206 W BENDER RD 1921 W DRY CREEK RD ELLENSBURG WA 98926-8815 ELLENSBURG WA 98926-9408 ELLENSBURG WA 98926 5 LOISEAU LERI M & VICKI R GARY EVAN & DIA 110 W 6TH AVE PMB 173 2003 DRY CREEK RD ELLENSBURG WA 98926-3106 ELLENSBURG WA 98926-9454 RISTOW WILLIAM F & SHIRLEY J MORFIELD JAMES I TRUSTEES 2210 REECER CREEK RD 1915 DRY CREEK RD ELLENSBURG WA 98926 ELLENSBURG WA 98926 LONGORIA ERIC L & TAMMY L 1905 DRY CREEK RD ELLENSBURG WA 98926-9455 EITEMILLER DOUG & STAHELSKI ANTHONY J ANDERSON LISA PO BOX 1832 PO BOX 503 ELLENSBURG WA 98926-1718 ELLENSBURG WA 98926-1916 JOHNSON BRIAN P & MELISSA D 2129 DRY CREEK RD ELLENSBURG WA 98926-9447 ODONNELL ROSALYN C 2131 W DRY CREEK RD ELLENSBURG WA 98926.9447 BAUER KENNETH F & KELLY A 2121 DRY CREEK RD ELLENSBURG WA 98926-9447 FROMHERZ MATTHEW M & KAREN M 2119 DRY CREEK RD ELLENSBURG WA 98926-9447 FEVERGEON DAVID J & FEVERGEON STEPHANIE J 1206 N DOLARWAY RD SUITE 219 ELLENSBURG WA 98926-8392 STOKES RONALD H 2011 W DRY CRK RD ELLENSBURG WA 98926 COMMUNITY PLANNING BUILDING INSPECTION PLAN REVIEW ADMINISTRATION PERMIT SERVICES CODE ENFORCEMENT 1 KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES 411 N. Ruby St., Suite 2, Ellensburg, WA 98926 CDS@CO.KITTITAS.WA.US Office (509) 962-7506 Fax (509) 962-7682 “Building Partnerships – Building Communities” NOTICE OF SEPA ACTION To: Interested County Departments & Agencies with jurisdiction Adjacent Property Owners Applicant From: Robert “Doc” Hansen, Interim Director Kittitas County Community Development Services Date: April 28, 2016 Subject: Palomino Fields Development Agreement for Phasing of Plat (DA-15-00001) NOTICE IS HERBY given that pursuant to 43.21C RCW, Kittitas County Community Development Services did on April 28, 2016 make a Determination of Non-Significance (DNS) for the Palomino Fields Development Agreement (DA-15-00001). The proposal is to create a development agreement permitting the final plat approval in five separate phases. Without approval of the development agreement, the final plat would be completed for the entire project without phasing. Approval of the proposal will not change the approved preliminary plat design or conditions for approval and therefore, has been determined to have no significant environmental impact. The subject property is located north of Dry Creek Road and west of Reecer Creek Road comprising a portion of the W ½ of Section 27, T 18N, R 18 E.W.M in Kittitas County. The complete application file may be viewed at Kittitas County Community Development Services, 411 N. Ruby St. Suite 2, Ellensburg, WA 98926. Any action to set aside, enjoin, review, or otherwise challenge such administrative SEPA action on the grounds of noncompliance with the provisions of chapter 43.21(C) RCW shall be commenced on or before May 12, 2016 at 5:00 p.m. to the Kittitas County Board of Commissioners, Rm. 108, County Courthouse, Ellensburg, WA 98926. For additional information regarding SEPA appeal processes and procedures see KCC 15.04.210 and RCW 43.21C.075. TE G January 22, 2016 Kittitas County Community Development Services Department Doc Hansen 411 North Ruby Street Ellensburg, WA 98926 RE: Palomino Plat (P-07-31) Development Agreement, Phasing Plan Request. Dear Mr. Hansen We are in receipt of your emails dated January 20th & 21St, 2016 regarding supplemental items needed for the Palomino Fields Development Agreement application, submitted on October 6th, 2015. I would like to point out that the application materials submitted on October 6th, 2015 included a series of Exhibits (Exhibits A —H). Exhibits B, F, and G addresses majority of the requirements mentioned within your January 2016 emails. It must be noted since the October 6th, 2015 submittal we have also had numerous meetings with you and your staff and have agreed to a phasing plan and amendments to the Development Agreement document. We are very appreciative of you for providing insight and direction on how we can incorporate a phasing plan into our preliminary approved Palomino Fields project (Res. 2008-160), by way of using the Development Agreement process. As part of this letter I would like to submit to you the Development Agreement narrative and the original SEPA checklist from P- 07-31. I am also resubmitting to you the fmal phasing plan map and Development Agreement. I look forward to working through this process with you. Chad Bala, Authorized Agent cc: Pat Deneen, Landowner 1 Palomino Fields Development Agreement Narrative IF1EC E IVB AN 22 � KITTI TAS COUNTY CDS On November 18, 2008 the Kittitas Board of County Commissioners approved the Palomino Fields Plat (P-07-31/Res. 2008-160) vesting to the Suburban Zoning Code. The Palomino Fields Plat contains numerous required mitigations, as part of the mitigated threshold determination. Furthermore the proposal for the Palomino Fields Plat only discusses the phasing of the proposed water system. Kittitas County Community Development Services Department has determined that the phasing of the actual development was vague. With the aforementioned, it was recommended by Kittitas County Community Development Services Department that we should pursue the Development Agreement process in order to further address phasing of the actual development. On October 6th, 2015 we submitted a Development Agreement Application and supportive materials. At the same time we have had numerous meetings since then finalizing our documents. Pursuant to Kittitas County Code (KCC) 15A.11 and consistent with RCW 36.70B.170 through 210, an applicant may request a development agreement addressing the requirements in KCC 15A.11.020(e). Specifically KCC 15A.11.020(5) "development standards" including, but not limited to a. Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building size; b. Mitigation measures, development conditions, and other requirements sunder Chapter 43.21RCW; c. Design standards such as maximum heights, setbacks, drainage and water quality requirement, landscaping, and other development features; d. Road and sidewalks standards; e. Affordable housing; f. Water sewer, storm drainage and other infrastructure requirements; g. Parks and open space preservation; h. Phasing; i. Development review processes, procedures and standards for implementing decisions, including methods of reimbursement to the county for review processes; j. A build -out or vesting period for applicable development standards; k. Process for amending the development agreement; and i. Any other appropriate development requirement or procedure. Throughout numerous reviews with staff KCC 15A.11.020(5) a, b, c, d, e, f, and g have already been addressed within the actual preliminary approved plat (Res. 2008-160). The Development Agreement application proposal specifically addresses phasing (KCC 15A.11.020(5) h), along with clarifying the development standards (KCC 15A.11.020(5) i, j, and k) within this Development Agreement application. This Development Agreement proposal is not proposing to add, remove or change the existing approved preliminary plat, but is requesting that additional phasing be considered. Furthermore since there is no major significant change pursuant to KCC 15.04.180 and WAC 197-11-600 thru 635 we are requesting that the existing SEPA checklist, Notice of Action/MDNS and all other existing environmental documentation under Resolution 2008-160 be adopted satisfying the SEPA requirement for Development Agreements. KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES 411 N. Ruby St., Suite 2, Ellensburg, WA 98926 CDS.' COXrri-TAS.WAAJS Office (509) 962-7506 srnrrhscOUNT Fax (509) 962-7682 �G..i `Tum. -+�'f l .�'�.n' �';' �� s.��if'-^'�� xx��`�-��_ i'��s? , ^i' .?�Y_' Y: •• . .�. � , .. %a. y„�t � ��.rr"..... SEPA ENVIRONMENTAL CHECKLIST FEE $225.00 PURPOSE OF CHECKLIST: The State Environmental Protection Act (SEPA), chapter 43.21C RCW. Requires all governmental agencies to, consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposals. Governmental agencies use this checklist to determine whether the environmental impacts or your proposal are significant, requiring preparation if an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "don not know" or "does not apply" Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NONPROJECT PROPOSALS: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS. For nonproject actions, the references in the checklist to the words "project," "applicant" and "property or site" should be read as "proposal," "proposer" a "affected geographic are" respectively. A. BACKGROUND Proposed timing or schedule (including phasing, if applicable): It is proposed that this plat would be effective immediately upon approval, with a build out time period to be phased over 5 years As the market determines. 2. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. At this time there is no plans for expansion of this proposal. 3. List any environmental information you know about that had been prepared, or will be prepared, directly related to this proposal. There is floodplain associated with Currier Creek. B-12 Wetlands Consultants completed a wetland assessment of the subject property. There is also a soils map included. Also a SEPA environmental review has been completed through the Kittitas County Comprehensive Plan 2006 process as this property has been approved and included into the Ellensburg Urban Growth Area. nAPPVI PIIIP!`v r1mrrTni? FOR STAFF USE R E C E R./E 0 .CAIN 22 KITTITAS COUNTY Ci19S 4. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. The subject property was recommended for inclusion into the Ellensburg UGA by the city of Ellensburg. The expansion of the Ellensburg UGA has been approved through the Kittitas County Comprehensive Plan amendment process of 2006. There is also a Notice of Intent to annex this property in the City limits of Ellensburg and is currently going through the process. 5. List any government approvals or permits that will be needed for your proposal, if known. As part of this plat proposal there is the possibility of access permits, building permits etc. needed from Kittitas County. It is the intent for this proposal to be served with urban services from the City of Ellensburg through an outside utility agreement. If an outside utility extension agreement cannot be reached with the City of Ellensburg then there could possibly be individual or community septic approvals needed from Kittitas County Environmental Health Department or the WA State Department of Health. Also the possibility of getting permits for a Group A Water system through the WA State Department of Health and from the WA State Dept. of Ecology. There also could be the need for a Class A Reclaimed Water facility issued by both the Department of Health and the Department of Ecology. A stormwater permit would be required by the WA Dept. of Ecology. B. ENVIRONMENTAL ELEMENTS 1. Earth General description of the site (circle one): flat, rolling, hilly, steep slopes, mountainous, other. Flat What is the steepest slope on the site (approximate percent slope)? The property is flat ground with approximately a 0 to 1% slope. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. This site contains the following soils according to NRCS map: 480: Nanum ashy loam, 0 to 2 percent slope; 580: Woldale clay loam, 0 to 2 percent slope; 601: Brickmill gravelly ashy loam, 0 to 2 percent slope; The property has been used for farm land in the past. See attached soils map Are there surface indications or history of unstable soils in the immediate vicinity? There are some small steep banks along certain portions of Currier Creeks but no other history of unstable slopes in the immediate vicinity. '�> �A e. Describe the purpose, type, and approximate quantities of any filing or grading proposed. Indicate source of fill. Grading will be necessary for the construction of access to the proposed plat. Some filling and grading will need to occur in order to create the internaltransportation system, which could be in excess of 10,000 cubic yards. There could be the use of excess on-site material for grading from the creation of possible utility trenches, possible community septic systems, individual septic systems, storm water retention facilities, building sites, stormwater retention ponds and roads. If these sources do not provide adequate quantities of material or if the material does not meet correct specifications, then the fill will be imported from off site permitted sources. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. When development occurs and during the course of construction, erosion could occur. Necessary storm water erosion controls will be incorporated to alleviate any soil erosion run-off. Implementation of the Best Management Practices (bmp's) will be utilized addressing storm water and erosion control. A storm water permit will be obtained from the WA State Dept. of Ecology. g. About what percentage of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? 35 percent or more h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: As part of the Washington State Department of Ecology's storm water permit, the applicant is required to develop a storm water pollution prevention plan (swpp) utilizing/implementing best management practices therefore reducing and controlling possible erosion issues during storm water events. Regarding the long- term impact to the earth the applicant will re -vegetate with native vegetation as needed. Beyond native plants other types of trees and ground cover will be used as required. 2. AIR a. What types of emissions to the air would result from the proposal (i.e. dust, automobiles, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. The normal construction work would cause a certain amount of emissions to the air. During construction phase, best management procedures will be used for dust abatement. When the project is complete, the only emissions would be automobile exhaust, possible wood smoke from fire stoves and fireplaces and/or other home emissions. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. There could be the possibility of off site emissions affecting the subject property from the traffic from Reecer Creek Road and construction from adjacent developments that are currently ongoing at this time and those that are proposed. C. Proposed measures to reduce or control emissions or other impacts to air, if any: Dust abatement will be in place during the construction phase addressing dust issues. At the same time, standard emission control devises will be used as part of the measures to control emissions. 3. WATER a. Surface 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what streams or river it flows into. Currier Creek flows through this property eventually flowing into the Yakima River. 2) Will the project require any work over, in or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. This project may require numerous footbridge crossings in order to facilitate trail connectivity throughout the platted development. There could also be an additional transportation access crossings in order to facilitate an internal road network. The appropriate permits would be obtained for these types of crossings correlating and being consistent with the Floodplain Development and Critical Areas regulations of Kittitas County. Outside of these crossing the riparian areas associated with these two creeks will be preserved along with a riparian management plan created to sustain these types of sensitive areas currently and into the future. Parts of the existing riparian areas of Currier Creeks have been over used and farmed to the edge of the high water marks. Working with the appropriate jurisdictional agencies work within 200 feet of the high water marks of the creeks will be required. 3) Estimate the fill and dredge material that would be placed in or removed from surface water or wetlands, and indicate the area of the site that would be affected. Indicate the source of fill material. Filling and dredging could occur within the riparian areas and within the waters described above. A riparian area management plan will be adopted by the applicant with input and comments from the appropriate agencies. The appropriate permits, HPA's, flood development permits etc will be appropriately obtained for the riparian area work and the possible construction of footbridge crossing and other traffic crossings. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No new surface water withdrawals or diversions will be required as long as the City of Ellensburg agrees to enter into an outside utility extension agreement with the applicant for the property., providing urban services to serve this proposal. If these types of agreements do not occur, then a Group A water system will be used on this property, which has confirmed water rights. These water rights have been used and will continue to be used as they have been historically for the purposes described within the confirmed water rights. In addition it is anticipated that the irrigation water rights will continued to be used on the property after it is developed to supply irrigation water. A surface to ground water right change application could be submitted to change a portion of the existing surface water right to a ground water right. This request would change the purpose of use from irrigation to year round domestic supply. Place of use, point of diversion, season of use, type of use and other changes to water rights may be applied for in the future as allowed by the State of Washington. S) Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. There is a portion of this subject property that contains floodplain areas that are associated with Currier Creek. Development is allowed within the 100 year floodplain as long as requirements of the Kittitas County Flood Development Code are met. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No discharges of waste materials to surface waters will occur if urban services are supplied by the City of Ellensburg via an outside utility extension agreement. It is the intent of the landowner to use the urban services provided by the City of Ellensburg if possible. If this does not happen then the use of approved Washington State Department of Health or Kittitas County Environmental Health Department Community Septic Systems as well as individual septic systems will be used to treat the initial meds of the development. A licensed septic designer or a licensed professional engineer will design these systems. These systems will discharge treated wastewater in the amount allowed by Washington State law. Further if the City of Ellensburg declines to enter into a utility extension agreement with the applicant the applicant will entered into a agreement with LCU, Inc., a private utility company, to produce a plan for providing sewer services to this proposal through the development of a Class A Reclaimed Water system as provided for in RCW 90.46. The Class A reclaimed water system will be constructed once there is adequate volume, approximately 10,000 gallons per day, the Class A Reclaimed Water System will be constructed. This planning for said Class A reclaimed Water System will start if the applicant is denied access to the City of Ellensburg utilities through an Utility Extension Agreement. LCU, Inc. is currently in the process of building the first Class A Reclaimed Water System in the county in the Ronald area. The system that is proposed for this project will be similar in design and operation as the approved Ronald Class A Reclaimed Water Facility. b. Ground 1) Will ground water be withdrawn, or will water be discharged to surface waters? If so, give general description, purpose, and approximate quantities if ]mown. There will be no ground water withdrawal or water discharged to surface waters if the City of Ellensburg approves an outside utility extension. If this doesn't happen then the applicant will development a Group A water system to serve this proposal, which will require the withdrawal of ground water. This action will require a water right change from a surface seasonal water right to a year around ground water withdrawal for domestic use. Applicant Development of Group A Water System as an Alternative to City Of Ellensburg Water Service: If the City of Ellensburg declines to provide the project with water service, the applicant, who owns a number of senior water rights associated with the proposed project, will develop a Group A water system to serve the property. One of the senior water rights would be converted from a surface water right to a ground water right and used to serve the domestic water required for this proposal. This water right would then be used as the basis to form a Group A water system which would be approved by the Washington State Department of Health (DOH). The Group A water system would be managed by LCU, Inc, an approved Satellite Management Agency approved by the DOH and Kittitas County. Irrigation water would be provided through the other existing rights. This Group A water system would require the withdrawal of approximately 125 acre feet water from a well annually. Applicant Development of Class A Reclaimed Water System as an Alternative to City Of Ellensburg Sewer Services: The applicant will enter into an agreement with LCU, Inc., a private utility company, to produce a plan for providing sewer services to this proposal through the development of a Class A Reclaimed Water system as provided for in RCW 90.46 if the City of Ellensburg declines to serve the proposal with sewer collection service. This planning for said Class A reclaimed Water System will start if the applicant is denied access to the City of Ellensburg utilities through an Utility Extension Agreement. LCU, Inc. is currently in the process of building the first Class A Reclaimed Water System in the county in the Ronald area. The system that is proposed for this project will be similar in design and operation as the approved Ronald Class A Reclaimed Water Facility. This Class A Reclaimed Water facility could use the treated water to augment in stream flow, aquifer recharge, or any or all uses allowed by Washington State Law. Approximately I20 acre feet of reclaimed water could be produced by the Calls A Reclaimed Water facility. 2) Describe waste materials that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. It is intended that urban services will be supplied by the City of Ellensburg via an outside utility extension agreement. If this does not happen then the landowner is prepared to provide his own services through the creation of a Group A Water System, Individual or Community Septic systems, and the development of a Class A Reclaimed Water System. The use of approved Washington State Department of Health or Kittitas County Environmental Health Department Community Septic Systems as well as individual septic systems will be used to treat the initial needs of the development with discharges to the ground as allowed by Washington State Law. A licensed septic designer or a licensed professional engineer will design these systems. These systems will discharge treated wastewater in the amount allowed by Washington State law. Option 1: Applicant Development of Group A Water System as an Alternative to City Of Ellensburg Water Service: If the City of Ellensburg declines to provide the project with water service, the applicant, who owns a number of senior water rights associated with the proposed project, will develop a Group A water system to serve the property. One of the senior water rights would be converted from a surface water right to a ground water right and used to serve the domestic water required for this proposal. This water right would then be used as the basis to form a Group A water system which would be approved by the Washington State Department of Health (DOH). The Group A water system would be managed by LCU, Inc, an approved Satellite Management Agency approved by the DOH and Kittitas County. Irrigation water would be provided through the other existing rights. Option 2: Applicant Development of Class A Reclaimed Water System as an Alternative to City Of Ellensburg Sewer Services: The applicant has an agreement with LCU, Inc., a private utility company, to produce a plan for providing sewer services to this proposal through the development of a Class A Reclaimed Water system as provided for in RCW 90.46 if the City of Ellensburg declines to serve the proposal with sewer collection service. This planning for said Class A reclaimed Water System will start if the applicant is denied access to the City of Ellensburg utilities through an Utility Extension Agreement. LCU, Inc. is currently in the process of building the first Class A Reclaimed Water System in the county in the Ronald area. The system that is proposed for this project will be similar in design and operation as the approved Ronald Class A Reclaimed Water Facility. The Class A Reclaimed Water Facility will be approved through the Washington State Department of Health and permitted by the Washington State Department of Ecology. The existing community drain fields may be used within the design of the Class A Reclaimed Water Facility. This reclaimed water facility will be operated by a qualified operating entity and will serve the property included within this proposal. That service area will be compatible with the service area of LCU, Inc.'s Group A Water System that will be also serving the property that this proposal covers. This facility will take domestic sewage from the project and treat it to a level that meets or exceeds Class "A" Reclaimed Water requirements. These requirements are the highest standards recognized by Department of Health and Department of Ecology and allow that water to be put to beneficial use. Class "A" reclaimed water is suitable for many beneficial uses including, but not limited to, irrigation of food and non-food crops, landscape irrigation, impoundments for landscape and recreational uses, construction water, fire fighting/protection, aquifer recharge, and stream enhancement. The standards for Class "A" Reclaimed Water established by the Department of Health and the Department of Ecology require treatment and disinfection to a level that is far above what conventional wastewater treatment facilities are required to provide. The standards also require automated alarms, redundancy of treatment units, emergency storage, and stringent operator training and certification to meet reliability criteria. Elimination of septic systems and treatment of wastewater from the project to these high standards provides for increased benefit to Public Health far above that which is seen in conventional wastewater treatment plants or soil based treatment of septic systems. Initially the early phases of the development will be served by community septic systems. This type of treatment will continue until the volume of effluent generated by the development reaches an adequate level (approximately 10,000 gallons per day) to sustain the operation of the Class A Reclaimed Water Facilities. As the volume of effluent approaches the needed flows to operate the Class A Reclaimed Water Facility the facility will be designed and constructed and take over the treatment of the effluent generated by the proposed development. The system will be sized to adequately treat and reclaim the domestic sewage from the residences and facilities served by the Group A Water system that would serve this property. Construction of this reclaimed water facility will include a central treatment facility, underground collection and distribution systems, and storage facilities. The system will continue to use the community drain fields as an alternate location to dispose of the reclaimed water as allowed by the Class A Reclaimed Water plan for this project. C. Water Runoff (including storm water): 1.) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. A stormwater permit will be obtained from the Washington State Department of Ecology and a stormwater pollution prevention plan will be developed implementing measures to reduce and control stormwater onsite. 2.) Could waste materials enter ground or surface waters? If so, generally describe. Waste materials, excluding sewage, are not expected to enter the ground or surface waters. (See questions above in reference to sewage and septic uses.) d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: As this proposal is planned and developed, storm water runoff will be addressed through the development of a storm water pollution prevention plan designed and constructed in accordance with the Best Management Practices (Burp's) that meets the Washington State Department of Ecology storm water permit. This will include sediment and erosion control measures to address any runoff water impacts. .4. PLANTS a. Check or circle types of vegetation found on the site: ___ deciduous tree: alder, maple, aspen, other ___ evergreen tree: fir, cedar, pine, other shrubs grass pasture -- crop or grain --- wet soil plants: cattails, buttercup, --- bulrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other other types of vegetation: b. What kind and amount of vegetation will be removed or altered? The existing agricultural vegetation will be removed from the existing agricultural ground that is in it's current use. 100% of the current farm crops may be removed and replaced with grasses, trees, road development, and residential development. Farming may be continued on portions of the property until stages of development begins. C. List threatened or endangered species known to be on or near the site. To our knowledge there are no threatened or endangered species known to be on or near the site. d. Proposed landscaping use of native plants, or other measures to preserve or enhance vegetation on the site, if any: As part of this proposal, the property will be covered by protective covenants that will control housing aesthetics that will occur along with allowed uses within these CC&R's for individual lots. There will be a requirement of a 100 foot buffer of land to remain in open space, on both sides, associated with Currier Creek. The use of native plants mixed with other plants will be required by the project's protective covenants. ANIMALS a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: birds: hawk, heron, eagle, songbirds, other: _mammals: deer, bear, elk, beavers, other: _fish: bass, salmon, trout, herring, shellfish, other: b. List any threatened or endangered species known to be on or near the site. To our knowledge there are no known threatened or endangered species on or near the site. C. Is the site part of a migration route? If so, explain. Not that we know of. d. Proposed measures to preserve or enhance wildlife, if any. . The habitat along Currier Creek will be enhanced and preserved, the riparian/shoreline areas will be within the designated open space area and protected from residential building but not excluded from being a portion of lots. A stream habitat enhancement plan will be developed and managed by the applicant for portions of Currier Creek that travel through this proposed plat 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the competed projects energy needs? Describe whether it will be used for heating, manufacturing, etc. Electricity and gas will be used in the residences to be built. It is possible that solar energy and wood stoves will be included in the residences as well. b. Would your project affect the potential use of solar energy by adjacent properties? If so, describe. There will be no effect on neighboring solar energy uses by this project. C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any. The covenants will include provisions for energy conservation. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe We anticipate no environmental health hazards with this project. An Environmental Hazard assessment has been conducted on this property prior to Purchasing of property. 1) Describe special emergency services that might be required. Emergency services related to Police, Fire and Medical will be provided for through the County 911 service. The City of Ellensburg's Police, and Fire Department Services will be used if this property is annexed into city limits. Medical facilities would be utilized within the County, specifically within the City of Ellensburg and it's local hospital. The proposal is also within Fire District # 2 jurisdiction. 2) Proposed measures to reduce or control environmental health hazards, if any. There will be no environmental health hazards located on the property. As for possible issues, the jurisdictional agency would be contacted, whether it is Kittitas County Environmental Health Department, Kittitas County Community Development Services Department, City of Ellensburg or the Department of Ecology. b. Noise 3) What types of noise exist in the area which may affect your project (for example, traffic, equipment, operation, other)? Traffic noise could affect this proposal from Reecer Creek and Bender Roads and possible aircraft traffic, associated with Bower Field Airport located to the east. 4) What types and levels of noise would be created by or associated with the project on a short-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. On a short-term basis during the construction of the project, there would be noise associated with construction equipment and other work being done on site. These noises typically would be from dawn to dusk. On a long term basis, there would be automobile noise from homeowners and other noise associated with platted residential development. 5) Proposed measures to reduce or control noise impacts, if any. In an effort to reduce or control possible noise impacts during the construction period, construction hours would be limited to the hours between 7:30 am to 7 pm. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? The current use of the property is agriculture and vacant land. The adjacent properties are residential homes, agriculture and smaller parcels. b. Has the site been used for agriculture? If so, describe. Yes, portions of the property are currently used as farm ground. Other portions of the property have been used for agricultural and is currently vacant land with riding arena facilities and some vacant structures. C. Describe any structures on the site. There are irrigation structures throughout the property. There are existing structures such as the an abandoned Building (formerly known as theHighway Grill) on the property off of Reecer Creek Road. Also there is a meeting center building and radio station located on the property. Along with existing riding arena and associated structures. d. Will any structures be demolished? If so, what? Most of the existing structures will be demolished. The appropriate permits will be obtained prior to demolition occurring. e. What is the current zoning classification of the site? Suburban zoning f. What is the current comprehensive plan designation of the site? The current comprehensive plan designation of the site is Ellensburg Urban Growth Area. g. If applicable, what is the current shoreline master program designation of the site? Not applicable as there is no shoreline designations associated with the subject property. h. Has any part of the site been classified as an: environmentally sensitive area? No. Currier Creek travels through the property and there are some associated floodplain and riparian areas. i. Approximately how many people would the completed project displace? No people will be displaced. j. Approximately how many people would reside or work in the completed project? At the completion of this plat there would be 240-260 (2.3 to 2.5 persons per home) people residing in this platted development at completion/full build -out. k. Proposed measures to avoid or reduce displacement impacts, if any. There will be no displacement therefore no measures are required. 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any. This proposal is consistent with the Kittitas County Comprehensive Plan Designation since the subject property has been included into the Ellensburg Urban Growth Area, which allows for a variety of urban residential densities. It is also compatible with the existing residential development in the area, which is also within the Ellensburg UGA. The measures that are allowed under the county's Suburban zoning code provide for the ability to develop land accordingly at urban densities. It must be noted that prior to being included into the Ellensburg Urban Growth Area this property was already zoned Suburban for quite some time. Whether this property is within or outside of the urban growth area this proposed plat is -consistent with the existing suburban zone that the property falls under. Those associated uses, such as permitted and conditional uses and lot sizes requirements that are allowed within the Suburban zone are consistent and compatible with this proposal whether inside or outside of the urban growth area. 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle or low-income housing. This proposed platted development will include a 117 one acre lots as allowed in the Suburban Zone. There could be a mixture of income housing such as low, middle or high income housing. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle or low-income housing. There are existing structures located on the subject properties that will be demolished as mentioned earlier. There are no existing housing units on the subject property. C. Proposed measures to reduce or control housing impacts, if any. The proponent will develop CC& R's in order to reduce or control housing impacts. 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? The tallest height of any proposed residential structure would be 45 feet. The principal exterior building material would be wood or materials with a wood look and native stone and masonry products. b. What views in the immediate vicinity would be altered or obstructed? No views will be altered or obstructed as this proposal is within the Ellensburg Urban Growth Area, which is where urban types of densities should occur. c.. Proposed measures to reduce or control aesthetic impacts, if any. The protective covenants of the project would control aesthetic impacts. 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? The proposed platted development would produce normal residential light or glare. Lights, such as porch lights or outer garage lights will be required to be directed downward with wattage controlled by the protective covenants. b. Could light or glare from the finished project be a safety hazard or interfere with views? It is not expected that light or glare from the finished project would be a safety hazard or interfere with views. The wattage of all lighting would be controlled by the protective covenants. C. What existing off-site sources of light or glare may affect your proposal? There could be the possibility of light or glare from existing residences and developments adjacent to plat development, which could affect this proposal. d. Proposed measures to reduce or control light and glare impacts, if any. The protective covenants would require downward facing outdoor lighting on residences and yards with no large halogen yard lights. The wattage of all lighting would be controlled by the protective covenants. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? Some recreational activities in the area are the John Wayne Trail, fishing, horseback riding, hiking, snowmobiling, hunting, etc. b. Would the proposed project displace any existing recreational uses? If so, describe. No. As this proposal is on private property, there will be no displacement of any recreational uses. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: As part of this proposal, we will incorporate recreational activities, such as trails throughout a portion of the proposal. These trails will meander along Currier Creek connecting to small parks adjacent to the creek. 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. None that we know of. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None that we know of. Proposed measures to reduce or control impacts, if any. No measures are needed that we know of. 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. This property is accessed off of Reecer Creek Road with possible future access over to Faust Road. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? This site is not served by public transportation. The closest public transit would be located at the West Interchange where there is a Greyhound Bus stop. C. How many parking spaces would the completed project have? How many would the project eliminate? e. The project would have the normal amount of parking spaces associated with residences. It is estimated that there will be approximately 210-235 parking spaces associated with residential structures. It is estimated that each residential unit will contain two parking spaces (driveways associated with the garage) Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe _ (indicate whether public or private). _ There will be a new road system that will meet the Kittitas County Private Road Standards. There could be improvements associated with access points for the proposed plat. roads will be private roads under Kittitas County Standards. It is anticipated that these Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. To the northeast of this proposed plat development is the Bowers Field Airport. This airport conducts pilot training associated with Central Washington University and allows for small private airplane activity. Also to the south is the Burlington Northern Sante Fe Rail Road, which transports products. There is no water transportation in the immediate vicinity of this proposal. The project is not expected to use any of these facilities f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. It is anticipated that there would be between 1000 & 1,1,170 trips generated by the completed project. Peak volumes would occur between 6 am to 10 am and 3 pm to 6:30 pm. This would further be analyzed by the applicant commissioning a traffic study. This traffic study would provide the nexus, of this proposal, determining what traffic improvements, if any, specifically relate to this proposed plat. g. Proposed measures to reduce or control transportation impacts, if any. No measures are proposed at this time. The applicant will commission a traffic study to identify any impacts that might occur due to this project. 15. PUBLIC SERVICE a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. This proposed plat would result in an increased need for public services. Throughout the life of this proposal the additional tax revenue that is received to either the county or city will be divided appropriately to the individual public services such as police, fire, schools, hospitals etc. b. Proposed measures to reduce or control direct impacts on public services, if any. The proposed plat is proposed to connect to urban services supplied by the City of Ellensburg. If urban services are not supplied by the City of Ellensburg then a private Group Water System and Class A Reclaimed Water System will be developed to serve this proposal. Both of the aforementioned items reduces and controls direct impacts on public services. Also, a proposed traffic study, addressing the transportation needs, will help control the direct impacts on public services. 16. UTILITIES a. Circle utilities currently available at the site: electricity, natural gas, water, refuse services, telephone, sanitary sewer, septic system, other. Water and Sewer utilities are located adjacent to the subject property. As part of the Proposed Blackhorse at Whiskey Creek Planned Unit Development east of this proposal, has extended utilities; such as water from Water Street along Bender Road to Reecer Creek Road & sewer, which is currently located at the east end of this proposal along the western side of Reecer Creek Road. b. Describe the utilities that are proposed for the project, the utility providing the services, and the general construction activities on the site or in the immediate vicinity which might be needed. It is intended that urban service utilities such as water and sewer will be developed and supplied by the City of Ellensburg via an outside utility extension agreement. If this does not happen, then the applicant will development a Group A water system to serve this proposal and also the use of approved Washington State Department of Health or Kittitas County Environmental Health Department Individual or Community Septic Systems. 1. SIGNATURE The above answers are true andel omplete to the best of my knowledge. I understand that the lead agency is relying on them to make its decisionl� / `��=�_ Signature: (/, Date: �S/FORMS/PLANNING/UPDATED FLOOD DEVELOPMENT PERMIT: 03/21/05 0ofl6 TnE REMAINING OUESTIONS ARE EXCLUSIVELY FOR REZONE APPLICANTS AND FOR AMENDMENTS TO COUNTY COMPREHENSIVE PLAN AND CODE. UNLESS THESE APPLY TO YOU THIS IS THE END OF THE SEPA CHECKLIST. SEPA ENVIRONMENTAL CHECKLIST QUESTIONS FOR NON -PROJECT ACTIONS ONLY WHEN ANSWERING THESE QUESTIONS, BE AWARE THE EXTENT OF THE PROPOSAL, OR THE TYPE OF ACTIVITIES LIKELY TO RESULT FROM THE PROPOSAL, WOULD AFFECT AN ITEM AT A GREATER INTENSITY OR AT A FASTER RATE THAN IF THE PROPOSAL WERE NOT IMPLEMENTED. RESPOND BRIEFLY AND IN GENERAL TERMS (ATTACH ADDITIONAL SHEETS AS NECESSARY) 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? Proposed measures to avoid or reduce such increases. 2. How would the proposal be likely to affect plants, animals, fish or marine life: Proposed measures to protect or conserve plants, animals, fish or marine life. 3. How would the proposal be likely to deplete energy or natural resources? Proposed measures to protect or conserve energy and natural resources. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? Proposed measures to protect such resources or to avoid or reduce impacts. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses? Proposed measures to avoid or reduce shoreline and land use impact. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Proposed measures to reduce or respond to such demand(s). 7. Identify, if possible, whether the proposal may conflict with local,state, or federal laws or requiementsf or the protection of the environment. FOR STAFF USE � \ Il1YIYV1IR y �gO � � •• TIIiKIrLs Ex1Dn1oH28 M� �\+ . m ATL m r:-+•� 4: OTTITAS COUNTY DEPARTMENT OF PUBLIC W Ot M EOAMINED AND APPROVED 1145 DAY OF A.D. 200_. KnTITAS COUNTY ENGINEER 'RTAS COUNTY HEALTH DEPARTMENT IEREHY CERTIFY THAT THE PALOMINO FIELDS PLAT .AS BEEN EXAMINED BY ME AND I FIND THAT THE SEWAGE AND MATER SYSTEM HEREIN SHOWN DOES MEET ANDCOMPLY WITH ALL REOUERE7Ia1TS OF THE COUNTY HEALTH DEPARTMENT. DATED THIS _ DAY OF AD., 200— IOTTITAS COUNTY HEALTH OFACER CERTRCATE OF COUNTY PLANNING DMECTOR I HEREBY CERTIFY THATTHE PALOMWo FEUDS PUT HAS BEEN EXAMINED BY LIE AND FITS THAT IT HXOIOmMS TO THE COMPNEIENS%E PLAN OF THE IOTTITAS COUNTY PLANNING COMMISSION. DATED TIS _ DAY OF AD., 200— IOTTTAS COUNTY PLANNING DIRECTOR CERTIFICATE OF IaTnus COUNTY TREASURER I HEREBY CERTIFY THAT THE TAXES AND ASSESSMENTS ARE PAD FOR THE PRECEDING YEARS AND FOR THIS YEAR IN O44OH THE PUT IS NOW TO BE FILM PARCEL NOS. 18-18-27020-0002. 15-15-271320-0003. 18-15-27020-0015, 18-18-27020-0010. 15-15-27020-OD17 AND EB -ib -27020 -OWI (481033. 411033. 11800, 11801. 11W2, 471033) DATED TES _ DAY OF AD. 200— TITAS COUNTY TREASURER 'RIVICATE OF IH1T11TAS COUNTY ASSESSOR . FEMY CERTIFY THATTHE PALOMINO FIELDS PUT HAS DON EXAMINED BY ME AND I FIND THE PROPERTY TO BE IN AN ACCEPTABLE MOTION FOR PLATTING. PARCEL NOS. 15-115-27020-0102. 10-15-2702O-0 10-18-27020-0015. 15-10-27020-0018 e 15-18-2702D-0017. I -18-27020-ODM DATED THIS _ DAY OF• AD, 200_. IOTTITAS COUNTY ASSESSOR IaTTTAS COUNTY BOARD OF COMMISSIONERS EXAMINED AND APPROVED THIS DAY OF A.D. 200L— BOARD OF COUNTY COMMISSIONERS IOTIITAS COUNTY, WASHINGTON 8Y: CHAIRMAN ATTEST CL M OF THE BOARD COTLCOY 717 ='=AL C7 RC3 FLAT 0 COT A C=MTM TRTAT P7R4'-7 F=370 TOL On C-FA=m o-r,tiam-cell MMI rIIIMN fwMrYr Mewl A GUAR= CORM ».IFbt..wld aGWI11 MeR LLC a[OW afo! f1 O PAT RiAAR 211 APPA0LM1dT'6 LGcermN ar Irzu ® CIWZR OF S6,'TMN ❑ WO-72UN /LOGDPLAIM a as CIE E�LUM WA 08922 yk r1 PTP. M/2 OF SECTION 27, TAOX, R.18E., b^✓.(!1 `\ 4 eo all OF DWN 13Y DATE NO. IWATEE SCITY OAN�URO EXSTING PARCEL N MMM 15- 10- 2 71120--0 0 02. G WEISER 05 07 07094 15-18-27020-0= 18-141-27020-001$ 15-15-27020-OOIe. IB -19-27020-0017 4 SCALE SHEET 18_18'27°20 -°WF '1 D. NELSON 1 "=300' 1 of 3 • 9T PALOMINO FIELDS PLAT PTN. W112 OF SECTION 27, T.18N., RIM, W.M. 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NELSON DATE S}e�O®Yb Certificate No....1QQ;��....... aa°mlal n wx encompassh, ENGINEERING d SURVEYING 108 EAST 2ND STREET CLE ELUM, WA 98922 PHONE: (509) 674.7433 CIE aum Putts EAST LLC FAX (509) 674-7419 (PAtROF1S t A 2 OF OUTING LEGAL DESCRIPTION) CLE ELUW t LLC v3 iXSSTTM LEEM DESCRIPTION) PGIO � trL.SL'�'� �l Lr�E!mfi0" d a as CIE E�LUM WA 08922 PTP. M/2 OF SECTION 27, TAOX, R.18E., b^✓.(!1 LOM 120 (32670 SOFT. J=UUM)-s TRACTS KPPTITAS COUNTY, STATE OF WASHINGTON SEAM Cry OF ELLENSBURG OF DWN 13Y DATE NO. IWATEE SCITY OAN�URO EXSTING PARCEL N MMM 15- 10- 2 71120--0 0 02. G WEISER 05 07 07094 15-18-27020-0= 18-141-27020-001$ 15-15-27020-OOIe. IB -19-27020-0017 4 SCALE SHEET 18_18'27°20 -°WF D. NELSON 1 "=300' 1 of 3 ll"I llvllvv l,v MULI P -07 -XX MWOMO MEWS PUT PTN. W112 OF SECTION 27, T.98N., R.98E., W.M. KITTITAS COUNTY, STATE OF WASHINGTON .. °js_SO GRAPHIC SCALE m p CY ra Is sews tors*v� rQWt t� Roo-�R r> s 7 RECORDER'S CERTIFICATE ................................ Filed for record this......... day of ............ 20......at. .......M In book..... of......................at page............at the request of oANo..P.,..N.P s9fi............. Surwyars Name ................................................................................. County Auditor Doputy County Auditor SURVEYOR'S CERTIFICATE This map correctly represents a survey made by me or under my direction in conformance with the requirements of the Survey RecordingAct at the requaY....at of......A,Y.M.P.1N.k.fr!ST..64.r...................... In...MA..20OZ. ............................................. DAVID P. NELSON DATE yy'-'�� Corlifleato No....l�.Q,�.2....... Encu 1yy'-yy'�- pass6t ENGINEERING 8 SURVEYING 108 EAST 2ND STREET CLE ELUM, WA 98922 PHONE: (509) 674-7433 FAX: (509) 674-7419 p MCL � gMy PTAL W112 OF SECTION 27, 7.98RL, RARE., tfYM ICITTITAS COUNTY, STATE OF WASHINGTON DWN BY DATE B NO. G. WEISER 05/07 r 07094 MR5 By SCALE SHEET D. NELSON 1 1 "=200' 1 2 OF 3 - N.T. XMAS COUNTY DORARUINT OF PIYoUC Y Dcl OLAYSMED AND APPROVED n0S _ DAY OF' A0. 2Da— Mfl1TAS COMITY 09*= IG MAS COUNTY HFM.TH DVNM04T 1 HUM COMFY THAT THE PAU=0 Fill D9 PLAT NO BEEN OUMaD BY NE AND 1 FM THAT THE SEWAGE AHD WATER OY5181 LaRON SHOCK DOES HEFT AND COISPLY WITH ALL REQU'ROr . 1716 OF THE WJN1Y HEALTH DEPARTUI T. DATED THIS _ DAY OF AD.. 200— IOTTITAS COUNTY HEALTH OFnCER COMFVATE OF COUNTY PLANNING 074ECTOR 1 NEREDY COMFY THAT THE PALM'= FIELDS PLAT NAS BEEN EXALONED OY UZZ AND FDD THAT IT CONFO,@R To THE C015*aDMVE PLAN OF THE IDTn1A9 COINM PLAA^2LYo coamsTo DATED TM _ DAY OF AD, 200— KrMTA9 COUNTY PLWM D010CIOR CERTFICATE OF IOMAS COIRNM TREASURER I HO M CERTIFY THAT THE TAXES AND ASSESIDTS ARE PAD FOR THE PRECEDING YEARS AND FOR Mn YEAR N 04CH THE PLAT B NOW To BE 12E0. PARCEL NOS. 18-18-27020-0002, 18-1D-27020-ODU 10- 8-27070-0015, 1e-tD-27o2D-0018, 10-10-27000-0017 AFD 10-10-27020-0001 (481037. 401005, 1100% 119m. 11000. 47105,» DATED THIS — DAY OE AD. 2DO- 11oTTRAS COUNTY TREASURER _- CRTOICATE OF MTTAS COUNTY ASSESSOR I HEREBY CERTIFY THAT THE PALO!= FED PUT HAS KEN EXN0/&D BY G AND I FDS) THE PROPERTY TO BE IN AN ACC PTACLE CONN ON FOR PULTRUM PARCO, NOS 10-18-27020-0002. 10 -10 -2702D -0003,18-10--27020-=D. 10-10-27OM-0010 a 18-18-27070-0017, 18-18-27020-0001 DATED; _ DAY OF AD, 200— IOTRTAS COUNTY ASSESSOR IOTRTAS COUNTY BOARD OF COMMMONM EXAl3NED AND APPROVED THM — DAY OF AD., 200— BOARD OF COIATY CMJUjS :LERS K=AS C"N. msm0 wo;N on CKAR61ANt ATTEST. n� OF T1Lr 6YLV3) =nor' 927 A—S•Jfl 07 TES COAT L3 EST A ftMaUMM TUAT RMZ3 G --=M CIL CO C2A=M PALOMINO FIELDS PLAT PM *" OF SECTION 27, T.WN, R.1SE, W.M. KITTITAS COMM, STATE OF WAMMOTOPd C 3EZTlDN UOl1A.7R A CVAiTZR CWCR O SET 1/r AMM LSV 10009 0 Arm RJD6R 0 AFVlWZUZ EZ rA4a MCAPMN aP V= ® GTA z5, OP 9lrrlTYl El loo-rZAft P100CR vel aror e alaRsp q fWi 5,E &LUU PINES EAST LEC (PARCELS 1 d 2 lF EXLSTBIO LEGAL D-DiC PIMP) CLE am PRIES LEST LEC orm D3 OF EMSi9M IEV.41. DES"DON) am 5,E EUAI 17A OEM LD73 120 37370 SaFT.. &ZN0 )-8 TRACTS SE$R aTY OF 11EO7SOIRO IZATE7d 5,M OF EUfTSfU.RO ZONE. 9191488AN E;OSTBM PARCH MAMM 18-16-27MD-0002, 10-ULT-27Q20-OOL; 18-18-2707D-OCIA 18-18-27O2F0014 18-18-27620-0017 @ lo-te-27820-0001 P-07—XX .4 P. 126979 OP AZdNIMC3 AA2 9ZCPPoN ORL®®N dtf RIi7 16T79PSJ' Ol Allm PBJ 97N2PP19 7L7PNRCA2SD P�'RdDAL A rM RlRFaM aP A'29 =VAMM 13 To PL6P AP�II-0010-ACMUMMfit M-tO- Al-4�8➢Vt1D-0013. M wJ7010.0019 d 10-M�81t710-•00r/ 7D Pfir Cu7jou l6PlON SEWN B.Cq= \ PM LoCAl)ON k wnvox\ x m�uew�x GRAPHIC SCALE LLL� r IN Pa3P � 1 \�> RECORDER'S CERTIFICATE ................ ...... .... ... Filed for record thla....-.day of ............ 20......Ot._....M in hook. -..Of ................... _at Pape._..._..st the request of \ ......... ..en�n.P. / � Aeveyarfo NaTro / ........ .... _ .... r�Ira+w County AudRor bepliSy Canty Audltor SURVEYOR'S CERTIFICATE This map correctly represents a survey made by me or under my direction In conformance with the requirements of the Survey Recording Act at the request oL....Cd�.EI(?i(.i7/IRS,�ASI.IAFr. M...MAY......20417. DAVID P. NEISOFE GATE Encompass, ENGINEERING 8 SURVEYING 1G8 EAST 2ND STREET CLE ELUM, WA 98922 PHONE: (509) 674.7433 FAX: (509) 674.7419 PALOOZ00 FEL®9 PLAT PM WV2 OF WC7700 27, T.9DIV, PLw_, wid KF7TITA8 COWM, STATE OF WASMI®TORI G. WEISER 05/07 07094 D. NELSON '1-=300' SHUT DF 3 KITTITAS COUN TY (.'UM�ItT1TY DEI�ELC)1'1�1F:NT SLRViCES I i N. Ruh% tit . SUIIC I. I11tnSbU1g, WA 9h926 CD5U.00.KIt111AS%kA 11j Office 1501))962•-_`•(!6 KTfirA4 CGI:yT F.1, 1509) 962--'116-92 WA Dept.colog a inia 'r^' i ^.S i:.a.aw.va.. •tg.4 �.-� a WA Dept. of Pcology - SFPA Registry `i'A Department of Natural Resources WA Department of Fiah and Wildlife WA State Department of Transportation fr�� All l' Yakania Nation U, �li • City Of EIIemsbury, 1 ' Ellensburg School Dixtrici,t ,`al,� KiltitiL, Countv Board of County Commissioners 22 ��•� Kittitas County Shcrifrs Dept. (�TTIT Kittitas County Life Sufety AS COLIrJTV Kittitas Valley Fire and Rescue � R Kinitas County Environmental Health Kittitas C ouwy Solid Waste Programs Kittitaa ("ounr: Public Works [.Ihran, Adjacent Property Owners Applieailt From: Scon Turnhull, Staff Planner Kittilas County C'onimumty Development Scn•icc Date: Sepiemhc r 8, 21.11wl4 Subject: STI'A NO'T'ICE OF ACY]ON-SCHEDiTLE OF I'LIIILIC HEARING: Palunrinu Fields Preliminary Plat (P07-31) Application from Terra Design Group Inc,. authorized agent for Cle Elam Pines West, CIC Elurn Pines Cast and Michael C'ordner. landowners. far u 120-10t plat on 120 Rp acres of land that is zoned Urban Residuntial (Suburban). located north of Dry Creek Road and we.m of Reecer Creek Road cumprising a portion of ttic W 1 � 2 of Section 27, 1. 1813., R 18E.. NVAI. in Kittitas Cciunty 1 ax parcel uuuiber(,) - t g- 18-27020-000.2. 0003, 0015, 0016, 0017. 0001. A copy of the submitted environmental checklist and related application materials for this proposal were pieviuusly mailed to you for review, on lune 29.200;. The project was renoticed on lauuary 28.2008 and .luly W. 2008 for an additional comment period. If you did not receive artp of these documents, or requue additiutial information, please contact our office. Enclosed please find a Notice of Action and Mitigated Determination of Non-Significuricc (NIDNS) for the referenced proposal. Any action to set aside, etkjoin, review, or othemise challenge such adminiarative. SLPA action on the grounds of noucumplisateC With the provisions of chapter 43.21 RCW shall ht: commenced on or before September 19, 2008 at 5:00 pan. to the Kittitas County fiord of Commissioners. Rin. TOR, County Courthouse. L•llensburg, NVA. 9892h. An open record hearing is scheduled before the Kittitas County Hearings Exaulincr on (October 9th. 2008 at 6:00 a.nu. in the Commissioner's Auditorium, Kittitas County Courthouse. Interested persons art: encouraged to verify by contacting CDS prior to attending. If you huve any questions please do not hesitate to contact us. Please retain ail enclosed materials, D:%ttRYLPIERCY. D1 (iOR AH istw KIMBALL. ASSISTANT DIRECTOR t' s•.,• •.i 11'I %-%%;, tl • An'I nn<a Iu;PFrT1ON • PLANS kx.a'.ilsAl:os •Pr1`$-W 5LP.. T5 • 1r• e5lk•Auu , - F1F0irF%jLS7 KI7'TITAS COUNTY COMMUNITY DEVELOPMENT SERVICES Ruby St.. Suttr2, EllmsburR, WA 98926 tvs;QyCn.xuTn AS. WA Ug "- Office 0094 962,7506 4 s m��rrr Fax ( 509) 962-7682 SEPA MITIGATED DETERMINATION OF Iti0NSlGNlFl(:A;Vt'F, Project: Palomino Fields Preliminary Plat (P-07-31) Description; A 120 Jot preliminary plat on approximately 120.08 acres of land zoned Urb t Residential (Suburban) Proponent: Tetra Design Group .Ilj,°►f `1 PC} Box 686 22 ff/ 1 Cle Elum, 4t'A 4$332 Authorized agent for: Cie Elum Pines West %S f%C1;rrFr _.• Location: The project is located north of Dry Creek Road and west of Reecer Creek Road comprising a portion of the W 1/2 of Section 27, T. 18N., R 18E,. W.M. in Kittitas County. Specific map number(s) ft 18-18-27020-0002, 0003. 0015, 0016. ool?. 0001. Lead Agency: Kittitas County Community Development Servlccs The lead agency for this proposal has determined that it does riot have a probable significant adverse impact on ^ the environment. An environmental impact statement (EIS) is not required under RCW 43.21C'.030(2)(c). This decision was made after review of a completed environmental checklist and other tnihnnalion on file with the lead agency. This information is available to the public on request. The lead agency for this proposal has also determined that certain mitigation measures are necessary in order to issue a Determination of Non -Significance for this proposal. Failure to comply with the mitigation measures identified hereafter will result in the issuance of a Determination ot'Signiiicanec (DS} for this project. These mitigation measures include the following: The following conditions shall also apply based on the project specific analysis: 1. Transportation A. The applicant shall be responsible for meeting or exceeding all conditions and requirements set forth by the Department of Public Works. B. The applicant will provide a proportionate share contribution to lite improvement at the Reecer Creek Road and University Way intersection according to the approved transportation impact analysis. C. The applicant will abide by the conditions as approved under the Palomino Road Variance -08-18 including; a. Improvements to the Bowers Road and Reecer Creek Road intersection including a right hand turn lane and acceleration lane. b. A temporary Cul -de -Sac will be installed at the end of Bowers Road extension. DARRYLPIERCY. DIRFCTr1R A 1.1 .IVIV KIM DALL, ASS1STAN I txxrz'MR C'4sr•a.*.' , PLAN;I ;a - &aLuala ISSPEPnnS - P: .w P_rvirw - AU1r11.%ISTRAIWN - PFRti11T SrR. Xrts - CODt [1F iRi'FNF•,7 -FIRE I•,-. f i 1E,n: c. The applicant will guarantee a rhru route from Rccccr Creek Road to Faust Road. to be built with fixture development. d. A temporary access at Fender Road will he built, gated and for cincrgency use onlX A. If the applicant plans to burn trees nr debris born theproperly, the applicant shall obtain a burn pernrit from the Department of Ecology. Only natural unprocessed vegetation may be burned in an outdoor fire. it is the applicant's responsibility- to contact the Dcparimunl of Ecology- regarding this permit. 111. Vater cC Septic A Activities such as road widening, stump pulling and clearing, grading and fill work and utility prlaceinents may require an tiPDES Construction Stomiwater Permit issued by the i ullartment of Ecology prior to start ofennsirue[ ion. This permit requires the preparation of a Stonnm-ater Pullutio.rn Prevention Plan. It is the applicant's responaibilily to contact the Department of Ecology regarding this rcquircment. $. Prior to any grading, clearing or construction, erCriion c01111-01 Tnca;rrrv,, shall be in place and shall be able to prevent soil from being carried into surface water (this includes storm drains) by storriiwater runoff. Tice erosion control sediment plan shall be a pail of the Stornitwater Prevention Plan, as referenced in item A. C. The applicant will develop a Group A Water System for the project. T'he Group A NVater System shall be designed by a licensed engineer and approved by file Washmuton +tate Department of I ezitli. [ire Group A water system shall be approved pnor to final plat appio\al. 'I lie (Troup A water system may he built in piha cs as Pmwidcd for in the approved Group A Comprehensive \Vater System Plan as required by DOH, pursuant to HVAC 246. Demonstration of adequate water rights in relation if, development of a Group A Watet S"icm shall be completed prior to final approval. Except for the existing exempt well that currently serve,, the property no other c.acmpt wells shall be developed to ser ice the projcc:t. Any deviations to the Hater system requirements shall 1.111dCle,0 further environmental and plat review. D. The applicant will provide sewage treatment tlirough metered Cututnunity Septic System." or metered Large On -Site Septic Systems pursuant to WAC 246-272B "Large -On -Site Septic System Regulations". The type of meters used will be prescribed by Kittifa.s County. The initial phases of the project will be .served by Community Septic Systems or Large On -Site Septic Systems dcsigmcd by a licensed septic designer and approved by the Kittitas County Environmental Health Department. pursuant to KCC 13 or by the Washington State Department of Health pursuant to WAC 24(x. Thesc Community Septic Systems or Large On -Site Septic Systems shall be located on an adjacent parcel of land. for a seamless transition into a possible Class .A Reclaimed Water System Facility. E. , Prior to final approval, identification of community septic areas along with completed site evaluations will be required by the Kittitas County l:rrvironmenial Health Department E. If a Large On -Site Septic Systern (LOSS) system is pursued, the appropnate approval docurnel115 from the Washington State Department of Health will be required prior to final approval by the Kittitas County Environmental Health Department. F. Class A Reclaimed W.9ter Facility: Pursuant to WAC 1`72-240-050 & RCW 90.40, a Class A Reclaimed \Fater i-acihty may be developed and approved by the N ashington State Deptartment of Health and Washinuwn State Department of Ecology. The system, Ionated on an adjacent parcel of land, will contain the following trigger poiints- a. tfihen the effluent volume reaches a monthly average ul 6' 000 gallons per day the applicant will he required to .start the planting process for this facility. :1;u additional building permits to ill be issued until the Washington State Department of Health or the Washington State Department offcologv has confirmed that the planning process for the _iaeilin, has starred. h. When the effluent volume reaches a monthly average of 10, 000 gallons per day the applicant will be required to have completed the planning prucess far• the facility In addition the applicant will be required to start creating engineering and construction draivings for the fiic•ilit>. No additional building permtts ii -ill he issued until the Washington State Department ofllealth or the Washington Slate Department of Ecologt•• has confirmed that the planning process.for the faciliy has been completed and that the applicant has started the engineering and construction' drawings, c. When the effluent volume reaches a monthly average u/ 12, 000 gallons per dal, rhe applicant will be required to have completed the engineering and construction plans for- this facilin;. Aro udrhttonal building permits will be issued until the Washington State Department of Health rir the Washington State Department v/ Eculo`>ni has confirmed that the engineering and construction plans for the./acilin, have been completed. d. When the effluent volume reaches a monthly average of 14.000 gallons per day the applicant will be required to have obtained a building permit for the•/acdiry and to huve started the construction u/'rhe facili4', 'V0 additional building permits tivill be issued until the Kittita.s Counts.• Building Department has confirmed that a building permit for the Jac•ility has been issued and that construction has started. e. lChen the effluent volume reaches a monthly average q05, 000 gallons per day the _ applicant will be required to have completed and have an operational rec•lainied facility. .Vo additional building permits will be issued until the Washinglot State Department of Health or the Washington State Department of F-cology, has confirmed that the facility° is Operational. 1. The applicant will record and provide to Community Development Sen�icec the recorded meter readings.1br each Communtrv, Septic System or Largc On Site Septic Svsrem on u quarterly basis, G, If the applicant wishes to access city systems int the future, it will be rccommended that all improvements be developed to current city standards, H. Metenng shall be required on all residential well connections and metering results shall be recorded in a manner consistent with K.ittitas County and Washington State Department of Ecology requirements (Memorandum of Agreement between Kinitas County and Washington State), 1. Me approval of this division of land includes no guarantee that there is a legal right to withdraw groundwater within the land division. The approval of this division of land provides no guarantee that use of water under the ground water exemption (RCW 90.44.050) for this plat or any portion thereof will not be subject to curtailment by the Department of Ecology or a court of law. J. Wastungton Administrative Code (WAC) 173-150 provides for the protection of existing right,. against impairment, i.e. interruption or interference in the availability of water. If the water supply in your arca becomes limited you, use could be curtailed by those with senior water rights. V. Historic and Cultural Preservation ;. P1,101M any ground breaking activity on the subject property, the applicant shall consult with the i'akania Nation rc-arding an archaeological surz ey of the subject property due to a high p rilential liar cultural resourc:c sites at the proposed subdivision. nocura iltation shall be submitted to Coinnnrnriv 1)e%elolinac:nt Services to be maintained in the pirlteut lilt V1. Light and Aesthetics A All outdoor lighting shali be shielded and directed downward to minnnize the eftect to nc:arbs re.sidcritial properties. V11. Noise A. Construction activities shall comply wish KCC 9,45 Noise). Construction liours shall bcc Prem, 7:00ani to 7:00pn: Vill. I.and and Shoreline Use A. Weiland and Wildlife study will be required, pt for it) final approval, cstablishuig the appropriate buffers regarding sensitive area,,ati determined by the consultant. B. OTIC hundred foot buffers will be established along Currier Creek and shown ait the final ,Hylar~. C. A riparian management plan that would incorpe+ratc signagge for Currier Creek will be co mplcicd prior to linal approval. 1). .All cc aten+aysrurtersiditthcs located on the sut ject property. regardless of their designanou of inierniittem. perennial irr cphemerai, shall be delineated grid ,lino n 1.111 thr 'inai rtt_t'lars. Improvements to such water features shall not impact on-site and oft' -site use. F. A Hydraulic Project Approval (HNA) trorn the Deparintent of Fish & Wildlife shall be required for all work affecting walcrcuurscs. including those that do not Ilow year-round. This includes, but is not limited to, work associated with construction of bridges, CUIVeris, drainage facilities, outfalls and other construction aiketing the bc:d. bank or flow of watercourse.. F The applicant shall consult with the Deparirricrit of Fish & Wildlife to deiernune the appropriate size ot'culvert needed for the crossing Hf any stream or watercourse on the suhjeet properly, Prior to final ?rl'laroval the applicant will provide documentation that said crossings meet the proposed sin ntlards. IX. Public Safety A. The applicant shall consult with the local school district and provide for and depict on the final inylars a safe location iirr a bus stop. B. r'my future development shall comply with the hiternational Fire: Code (LFC) and its Appendices anti Referenced Standards, Kittitas County Code, and Kittitas County Road Stautianh, anti shall adhere to the strictest of said standards. X. Pants and Recreation A. The proposal will include 4-5 packet parks spaced throughout the platted development. The pocket parks shall be dedicated as open space for pi-Tpetuity. B. The applicant shall add 120 trees that shall be placed sporadically through the development. The trees shall serve as a buffer along the John Wayne Trail Tltc applicant Shall replace any trees that die within the first three vicars. X. SEPA Review This -MDNS is issued under HVAC 19-,- 1l•350. 1 he lead agency u ill not act on this proposal for 15 days. Any action to set aside, enjoin, review, or other"ise challenge this administrative SEPA aclion's procedural compliance with the provisions of Chapter 197.11 WAC Shrill he commenced xithin 10 \working days (on or hefcire 5:00 PM. Friday September 19, 200£) Responsible Official.. Scott urnbull Title: Staff Planner Address: Kittitas County Community Development Services 411 North Rube St.. Suite 2 Fllensburg, WA 98926 (509) 962-7506 FAX 962-7652 Date: September 4, 2008 Pursuant to Chapter 15A.07 KCC, this MINS may be appealed by submitting specific factual objections in writing with a fee of S500.00 to the Kittitas County Board of Commissioners, Kittitas County Courthouse Rootu 110, Ellensburg, WA 98926. Timely appeals must be recelved no later than 5:00 PM, September 19 200$ Aggrieved parties arc encouraged to contact the Board at (509) 962-7508 for more information nn appeal process. `L F DEVELOPMENT AGREEMENT IA`11 22 �:',TTIT r,,Tti This Development Agreement ("Agreement") is made and entered into this day of 2015, by the Cle Elum Pines East LLC & Cle Elum Pines West LLC, Washington Limited Liability Companies, hereafter referred to as "Applicant"; and KITTITAS COUNTY, 411 N. Ruby St, Suite 2, Ellensburg WA 98926, hereafter referred to as the "County." This Agreement is made pursuant to the Revised Code of Washington ("RCW") 36.70B.170 and chapter 15A.11 Kittitas County Code. RECITALS A. Chapter 36.70B RCW (the "Development Agreement Statute"), and Chapter 15A.I I Kittitas County Code ("Code") authorize the County to enter into an agreement regarding development of real property located within the County's jurisdiction with all person having an ownership interest in or control of such real property. B. Applicant owns property located in a Portion of the W 1/2 of Section 27, T18N, R1 8E, WM. W.M. accessed off of Reecer Creek Road (the "Property"). The Property is comprised of Tax Parcel Nos. 18-18-27020-0001, 0002, 0003, 0015, 0016, 0017, and is legally described on Exhibit A, attached hereto. C. Applicant provided Kittitas County a complete application for the Palomino Plat as attached hereto as Exhibit H. D. Kittitas County Community Development Services issued a SEPA Mitigated Determination of Non -significance (MDNS) on September 8, 2008 Attached hereto as Exhibit B. E. Kittitas County Hearing Examiner recommended approval for the Palomino Fields preliminary plat (the Project) located on the property identified in Exhibit A. Said Hearing Examiner recommendations, dated October 21, 2008, are attached hereto as Exhibit C F. Kittitas County Board of County Commissioners (BOCC) passed Resolution 2008-160 on November 18, 2008 approving and adopting the Hearing Examiner's recommendations for approved and granting approval of the Palomino Fields preliminary plat (P-07-31). Said Resolution is attached hereto as Exhibit D. G. This Agreement identifies the Development Standards allowed for in Resolution 2008-160 and as further detailed in the Hearing Examiner Recommendations for the Project as shown in Exhibit C. H. The Hearings Examiner recommendations as adopted by the BOCC, states in Exhibit C, on page 10, III Water and Septic, Item C, that the Group A Water System may be developed to serve this plat in phases. I. The Hearings Examiner recommendations as adopted by the BOCC, states in Exhibit C, on page 10, III Water and Septic, Item D, that the Project will be provided sewage treatment through metered Community Septic Systems. There are options provided for Large Onsite Septic System(s) and reclaimed water facilities included in the Hearings Examiner recommendations. J. Kittitas County, as provided for on Exhibit E attached hereto, has granted a one- year extension of the Palomino Fields preliminary plat (P-07-31). K. The Applicant desires and intends to develop and sell the Property in five phases providing for the full development of the one hundred and twenty (120) parcel residential community, as approved under Resolution 2008-160, pursuant to Kittitas County Code 15A.11 and RCW 36.70B, known as Palomino Fields, including but not limited to the following elements: (i) single family residences; and (ii) open space areas. Attached hereto as Exhibit F is the preliminary plat map of the foregoing development. Additionally, attached hereto as Exhibit G, is the phasing plan for the development of the Palomino Fields preliminary plat (P-07-31). L. This Agreement establishes that the Phasing Plan, attached hereto as Exhibit G, is consistent with the County's comprehensive plan, zoning and development regulations, and is consistent with existing land use approval of the subject site. M. Applicant desires to construct a model home, operate a real estate sales facility, or operate a construction office which will meet the requirements of Washington State Law or Kittitas County Codes, prior to or commencement with the initial stages of the development. Upon completion of the final phase the model home, real estate sale facility/office, or construction offices will be decommissioned or transferred over as a one of the 120 single-family residences. NOW, THEREFORE, in consideration of the recitals (which are incorporated into the Agreement by this reference) and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Applicant agree as follows: AGREEMENT 1. Effective Date and Termination. 1.1 Effective Date. The Effective Date of this Agreement is the last date upon which it was signed by the Parties hereto. 1.2 Term. This Agreement shall be effective for five (5) years consistent with Exhibit G "Phasing Plan"; provided, however, that the term of this Agreement shall be automatically extended for the effective life of any required permit or approval, plus any approved extensions thereof, for the development contemplated herein, so long as a complete application for such permit or approval has been received prior to the expiration date of this Agreement. Upon expiration of such period, or as may be extended above, this Development Agreement shall automatically terminate. Upon the County granting the Final Plat for the last phase of the Project this agreement shall automatically terminate. 1.3 Termination. This Agreement may be terminated, in writing, by mutual agreement of the Parties to this Agreement. 2. Definitions. For purposes of this Agreement, the following terms, phrases, words, and their derivations shall have the meaning given herein where capitalized; words not defined herein shall have their ordinary and common meaning. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and the use of any gender shall be applicable to all genders whenever the sense requires. The words "shall" and "will" are mandatory and the word "may" is permissive. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumber provision. References to laws, ordinances or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances and regulations now in force or hereinafter enacted or amended. 2.1. Agreement. "Agreement" means this Development Agreement between Kittitas County, Washington and Cle Elum Pines East LLC & Cle Elum Pines West LLC, approved by the Board of County Commissioners. 2.2. Applicant. "Applicant" means Cle Elum Pines East LLC & Cle Elum Pines West LLC, a Washington Corporation, or any of its transferees, successors or assigns. 2.3. County. "County" means Kittitas County, Washington. 2.4 Effective Date. "Effective Date" means set forth in Section 1.1 of this Agreement. 2.5 Open Space. "Open Space" means any land that is retained in a natural condition, or that is improved for outdoor recreational uses outside of residential node areas (including but not limited to associated infrastructure such as transmission lines, pumping facilities, and community septic facilities). 2.6 Parties. "Parties" means Kittitas County, Washington and Applicant, Cle Elum Pines East and Cle Elum Pine West, LLCs, a limited liability company (ies). 2.7 Project. "Project" means the Palomino Fields preliminary Plat as approved by the County through Resolution 2008-160 being a one hundred and twenty (120) unit residential community on the Property, including but not limited to: (i) single family units and (ii) open space areas. 2.8 Property. "Property" means the site legally described in Exhibit A, attached hereto. 2.9 Utilities. "Utilities" includes, but is not limited to: all (i) storm water and drainage systems, infrastructure and facilities; (ii) community septic systems, infrastructure and facilities as approved by Kittitas County; (iii) dry utilities including power infrastructure and facilities, telecommunication systems, infrastructure and facilities; (iv) Group A domestic water systems; and (v) irrigation infrastructure and facilities. 3. Project Elements. 3.1. Permitted Uses; Any permitted use as allowed by the Kittitas County Zoning Code as the date vested by the applications and as permitted by Resolution 2008- 160 as adopted by Kittitas County Board of County Commissioners on November 18, 2008 and attached hereto as Exhibit D. 3.2. Residential Densities; The Residential Densities for the Palomino Fields plat have been established by Kittitas County through the adoption of Resolution 2008- 160 as adopted by Kittitas County Board of County Commissioners on November 18, 2008 and attached hereto as Exhibit D. The preliminary plat map, attached hereto as Exhibit F, shows the Residential Densities established for the Palomino Fields plat by said resolution. Barns, outbuildings, garages, shops and the like are allowed within the Palomino Fields Plat. 3.3. Nonresidential Densities and Intensities; The Non -Residential Densities and Intensities for the Palomino Fields plat have been established by Kittitas County through the adoption of Resolution 2008-160 as adopted by Kittitas County Board of County Commissioners on November 18, 2008 and attached hereto as Exhibit D. The preliminary plat map, attached hereto as Exhibit F, shows the Non -Residential Densities and Intensities established for the Palomino Fields plat by said resolution. Barns, outbuildings, garages, shops and the like are allowed within the Palomino Fields Plat. 3.4. Building Sizes; Individual residential buildings shall not exceed 6,500 square feet. Barns, outbuildings, garages, shops and the like are allowed within the Palomino Fields Plat. 4. Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW; The Palomino Fields plat shall meet the mitigation requirements as provided for in the SEPA Mitigated Determination of Non -significance (MDNS) issued on September 8, 2008 by Kittitas County and attached hereto as Exhibit B and those requirements for the Palomino Fields plat as proved for in Kittitas County Resolution 2008-160 as adopted by Kittitas County Board of County Commissioners on November 18, 2008 and attached hereto as Exhibit D. 5. Design Standards. 5.1. Drainage and Water quality requirements; The owner of each parcel shall be responsible to meet Eastern Washington Storm Water guidelines requirements as established for the Palomino Fields plat as it pertains to that individual parcel. Road drainage shall meet the Eastern Washington Storm Water guidelines. 5.2. Landscaping; The areas not containing residential structures and driveways may be landscaped with grasses, trees and other plants that do not require irrigation water that would exceed the irrigation allotment for the individual parcel. 5.3. Other Development Features; There may be an entry monument placed at the entry to the Palomino Fields plat. Other development features may be developed within the plat that is homogenous with residential development. 6. Road and sidewalk standards; Bowers Road shall be a public road that is extended into the plat. The Bowers Road extension shall meet Kittitas County Public Road Standards with said extension design being approved by Kittitas County. Internal roads may be developed as public or private roads as allowed by the Kittitas County Road Standards. All internal roads shall be designed and constructed to Kittitas County Road Standards. Sidewalks are not required within the Palomino Fields plat and will not be constructed. 7. Affordable housing; Affordable housing is not required nor will it be provided with in the Palomino Fields plat. 8. Infrastructure requirements; 8.1. Domestic Water. Group A water systems, as defined by the WAC 246- 294-010, include systems having 15 or more connections. Phase 1 of the Palomino Fields Plat, shall be served by a Group A water system per the statutory requirements and as approved by the Washington State Department of Health. The water system will be constructed in phases commensurate with the phased development as shown on Exhibit G attached hereto. 8.2. Irrigation Water. The first 8 lots of Phase 1, shall be provided irrigation water by Cascade Irrigation District. All other phases shall be provided irrigation by the Ellensburg Water Company. The irrigation distribution system shall be owned privately and the design, maintenance and operation of said irrigation distribution system shall be approved by the district or company providing the irrigation water or, if the district does not have an approval process, designed by an engineer licensed in the State of Washington. The irrigation system will be constructed in phases commensurate with the phased development as shown on Exhibit G attached hereto. 8.3. Sewage Disposal. Sewage disposal shall be by Community Septic Systems, which may serve two to seven parcels as, designed by a licensed designer and approved by Kittitas County. The Community Septic Systems will be constructed in phases commensurate with the phased development as shown on Exhibit G attached hereto. The Community Septic Systems will not be required to be developed prior to final platting of each or any phase but may be constructed simultaneously with buildings as permitted by the Kittitas County building department. Prior to receiving Occupancy Permit for any building constructed the community septic system shall be completed. 8.4. Storm drainage. The owner of each parcel shall be responsible to meet the Eastern Washington Storm Water guidelines requirements as established for the Palomino Fields plat as it pertains to that individual parcel. Road drainage shall meet the Eastern Washington Storm Water guidelines. Applicant shall development the Palomino Fields plat in accordance with a storm water permit as issued by the Washington State Department of Ecology. Fire Protection. Sprinklers located in each residence will provide fire Protection. Neither system wide storage tanks nor fire hydrants are required for the Project. 8.5. Other Infrastructure Requirements. Utilities including but not limited to dry utilities such as power, phone and internet shall be provided to the property line of each parcel. 9. Parks and open space preservation. The Parks and open space preservation for the Palomino Fields plat have been established by Kittitas County through the adoption of Resolution 2008-160 as adopted by Kittitas County Board of County Commissioners on November 18, 2008 and attached hereto as Exhibit D. 10. Phasing. The project will be constructed and receive final plat approval in individual Phases. The description of the Phasing plan is provided in Exhibit G. 11. Development review processes, procedures and standards for implementing decisions, including methods of reimbursement to the county for review processes; 11.1. Standards For Implementing Decisions. Kittitas County shall base its decisions on the Kittitas County Code and implement said decisions on Ordinance as further defined and modified by this document. 11.2. Plat Application. The County has processed a plat application, and approved the Palomino Fields Plat pursuant to Resolution 2008-160. 11.3. Permit Applications. The County has reviewed, process and issued a decision on the Project development permit applications including preliminary plat, and SEPA review. 11.4. Engineering. The county will review and approve engineering designs of Road(s) and other eliminates with in the county right of way on roads to be taken on to the county public road system pursuant to the Kittitas County Code. Private roads will be constructed to the Kittitas County Private Road Standards. 11.5. The County will review and issue a grading permit pursuant to the Kittitas County Code. 11.6. Reimbursement To The County For Review Processes. Applicant will pay, pursuant to the fee structure adopted by Kittitas County, any other fees required to achieve final plat approval for each phase of the plat. 11.7. State Environmental Policy Act Review. This Development Agreement will use existing environmental documents that were completed through the Palomino Fields Plat approval process where the County issued a mitigated threshold decision pursuant to chapter 43.21 C RC W. 11.8. Kittitas County will adopt the existing environmental documents and SEPA decision pursuant to Kittitas County Code 15.04 and WAC 197-11-600. 11.9. Access. Access will be established from Reecer Creek Road along the North boundary line of the property by means of a new County right-of-way established from Reecer Creek Road in alignment with the existing Bowers Road. 11.10. Legal Structure of Project. At the conclusion of the development of the Palomino Fields community a Homeowner Association will be created to govern residential areas, community facilities, storm water facilities, and road improvements within residential nodes, and open space. The Group A water system shall be owned, operated and maintained by a entity established, owned and operated by a designate of the Applicant. Said designate shall establish operation procedures and rates as may approved by the Washington State authorities having jurisdiction if and when required by state law. 11.11. Design Review. Design Review shall be provided for under a Declaration of Covenants, Conditions and Restrictions ("CC&Rs"). Design Review shall be determined by Applicant and shall be consistent with applicable Kittitas County Code. The Design Review provisions shall include standards for home design, materials, methods and construction, including but not limited to siting for wind and solar considerations, siting for view considerations, setbacks and height restriction. After the expiration of this Agreement, the Homeowner Association, if established, may have the right to adopt further Design Review restrictions as may be permitted consistent with the CC&Rs, Bylaws and Articles of Incorporation. 12. A Build -out or Vesting Period for Applicable Development Standards. The Applicant may construct one or more Phase(s) of the project per building season. The Project is anticipated to be completed within 5 years as described in Exhibit G. 13. Process for amending the development agreement. This agreement may be amended by mutual consent of all of the parties to this agreement. 14. Any Other Appropriate Development Requirement(s) or Procedure. Developer may further improve the property within Development Requirement(s) or Procedure the Developer establishes that are homogenous with residential development. 15. Applicant, or a designate of the Applicant, may construct a model home, real estate sales facility, or a temporary construction office to be operating for construction or real estate office purposes prior to or commencement with the initial stages of the development. Said facility (ies) shall be required to be operated under the laws of the state of Washington as a Real Estate Branch office and be licensed as same, or by Kittitas County Codes. Upon completion of the final phase or selling of the last lot the model home, real estate sale facility, or construction offices will be decommissioned or transferred over as a one the 120 single-family residences. 16. Miscellaneous and General Provisions. 16. 1. Governing Law. This Agreement shall be governed by the laws of the State of Washington and the Kittitas County Codes as vested by the Palomino Fields application. Each party represents it has the respective power and authority and is duly authorized to sign and perform its obligations under this Agreement. The parties intend this Agreement to be interpreted to the full extent authorized by law as an exercise of the County's authority to enter into development agreements. Neither this Agreement nor any provision hereof may be waived, modified, amended or terminated except by a written agreement of the parties hereto. 16.2. Successors. This Agreement and the rights set forth herein run with the land and shall be binding upon and inure to the benefit of the County and the successor owners and assigns of the Development Site. 16.3. Enforcement. Any party to this Agreement may enforce the terms of this Agreement. No party shall be in default under this Agreement unless it has failed to perform for a period of twenty-one (21) days after written notice of default from the other party. (In some instances the performance period may be extended to allow a reasonable time period to cure the default.) Any notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily. All parties to this agreement shall have all rights and remedies provided by law. 16.4. Notices. All notices or other communications under this Agreement shall be delivered to the addresses after each signature. Notices shall be in writing and either; (i) delivered personally, (ii) sent by facsimile transmission with an additional copy mailed first class, (iii) deposited in the U.S. Mail with certified mail postage prepaid and return receipt requested, or (iv) delivered by nationally recognized overnight delivery service with signature required. Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mail, notice shall be deemed delivered seventy-two (72) hours after deposit. If sent by overnight delivery, notice shall be deemed delivered forty-eight (48) hours after deposit. 16.5. Counterparts and Recording. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Pursuant to RCW 36.70B.190, this Agreement or memorandum thereof shall be recorded with the Kittitas County Auditor and during the term of this Agreement shall be binding on the parties, their successors and assigns. IN WITNESS THEREOF, this Agreement is effective on the date of the last signature below. KITTITAS COUNTY Name: County Commissioner Dated: Approved as to form: By Name County Prosecuting Attorney Dated: CLE ELUM PINES EAST LLC & CLE ELUM PINES WEST LLC By Its: Dated: STATE OF WASHINGTON ) ss. COUNTY OF KITTITAS ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it as the of Cle Elum Pines East LLC & Cle Elum Pines West LLC to be his/her free and voluntary act for the purposes mentioned in the instrument. (Print Name) Notary Public, Residing at My appointment expires - t-�,! DEVELOPMENT AGREEMENT P DECV17D 172015 KITT/pAS Cps 0(/NTV This Development Agreement ("Agreement") is made and entered into this day of 2015, by the Cle Elum Pines East LLC & Cle Elum Pines West LLC, Washington Limited Liability Companies, hereafter referred to as "Applicant"; and KITTITAS COUNTY, 411 N. Ruby St, Suite 2, Ellensburg WA 98926, hereafter referred to as the "County." This Agreement is made pursuant to the Revised Code of Washington ("RCW") 36.70B.170 and chapter 15A.11 Kittitas County Code. RECITALS A. Chapter 36.70B RCW (the "Development Agreement Statute"), and Chapter 15A.11 Kittitas County Code ("Code") authorize the County to enter into an agreement regarding development of real property located within the County's jurisdiction with all person having an ownership interest in or control of such real property. B. Applicant owns property located in a Portion of the W 1/2 of Section 27, T18N, RI 8E, WM. W.M. accessed off of Reecer Creek Road (the "Property"). The Property is comprised of Tax Parcel Nos. 18-18-27020-0001, 0002, 0003, 0015, 0016, 0017, and is legally described on Exhibit A, attached hereto. C. Applicant provided Kittitas County a complete application for the Palomino Plat as attached hereto as Exhibit H. D. Kittitas County Community Development Services issued a SEPA Mitigated Determination of Non -significance (MDNS) on September 8, 2008 Attached hereto as Exhibit B. E. Kittitas County Hearing Examiner recommended approval for the Palomino Fields preliminary plat (the Project) located on the property identified in Exhibit A. Said Hearing Examiner recommendations, dated October 21, 2008, are attached hereto as Exhibit C F. Kittitas County Board of County Commissioners (BOCC) passed Resolution 2008-160 on November 18, 2008 approving and adopting the Hearing Examiner's recommendations for approved and granting approval of the Palomino Fields preliminary plat (P-07-31). Said Resolution is attached hereto as Exhibit D. G. This Agreement identifies the Development Standards allowed for in Resolution 2008-160 and as further detailed in the Hearing Examiner Recommendations for the Project as shown in Exhibit C. H. The Hearings Examiner recommendations as adopted by the BOCC, states in Exhibit C, on page 10, I11 Water and Septic, Item C, that the Group A Water System may be developed to serve this plat in phases. I. The Hearings Examiner recommendations as adopted by the BOCC, states in Exhibit C, on page 10, I11 Water and Septic, Item D, that the Project will be provided sewage treatment through metered Community Septic Systems. There are options provided for Large Onsite Septic System(s) and reclaimed water facilities included in the Hearings Examiner recommendations. J. Kittitas County, as provided for on Exhibit E attached hereto, has granted a one- year extension of the Palomino Fields preliminary plat (P-07-31). K. The Applicant desires and intends to develop and sell the Property in five phases providing for the full development of the one hundred and twenty (120) parcel residential community, as approved under Resolution 2008-160, pursuant to Kittitas County Code 15A.11 and RCW 36.70B, known as Palomino Fields, including but not limited to the following elements: (i) single family residences; and (ii) open space areas. Attached hereto as Exhibit F is the preliminary plat map of the foregoing development. Additionally, attached hereto as Exhibit G, is the phasing plan for the development of the Palomino Fields preliminary plat (P-07-31). L. This Agreement establishes that the Phasing Plan, attached hereto as Exhibit G, is consistent with the County's comprehensive plan, zoning and development regulations, and is consistent with existing land use approval of the subject site. M. Applicant desires to construct a model home, operate a real estate sales facility, or operate a construction office which will meet the requirements of Washington State Law or Kittitas County Codes, prior to or commencement with the initial stages of the development. Upon completion of the final phase the model home, real estate sale facility/office, or construction offices will be decommissioned or transferred over as a one of the 120 single-family residences. NOW, THEREFORE, in consideration of the recitals (which are incorporated into the Agreement by this reference) and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Applicant agree as follows: AGREEMENT 1. Effective Date and Termination. 1.1 Effective Date. The Effective Date of this Agreement is the last date upon which it was signed by the Parties hereto. 1.2 Term. This Agreement shall be effective for five (5) years consistent with Exhibit G "Phasing Plan"; provided, however, that the term of this Agreement shall be automatically extended for the effective life of any required permit or approval, plus any approved extensions thereof, for the development contemplated herein, so long as a complete application for such permit or approval has been received prior to the expiration date of this Agreement. Upon expiration of such period, or as may be extended above, this Development Agreement shall automatically terminate. Upon the County granting the Final Plat for the last phase of the Project this agreement shall automatically terminate. 1.3 Termination. This Agreement may be terminated, in writing, by mutual agreement of the Parties to this Agreement. 2. Definitions. For purposes of this Agreement, the following terms, phrases, words, and their derivations shall have the meaning given herein where capitalized; words not defined herein shall have their ordinary and common meaning. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and the use of any gender shall be applicable to all genders whenever the sense requires. The words "shall" and "will" are mandatory and the word "may" is permissive. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumber provision. References to laws, ordinances or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances and regulations now in force or hereinafter enacted or amended. 2.1. Agreement. "Agreement" means this Development Agreement between Kittitas County, Washington and Cle Elum Pines East LLC & Cle Elum Pines West LLC, approved by the Board of County Commissioners. 2.2. Applicant. "Applicant" means Cle Elum Pines East LLC & Cle Elum Pines West LLC, a Washington Corporation, or any of its transferees, successors or assigns. 2.3. County. "County" means Kittitas County, Washington. 2.4 Effective Date. "Effective Date" means set forth in Section 1.1 of this Agreement. 2.5 Open Space. "Open Space" means any land that is retained in a natural condition, or that is improved for outdoor recreational uses outside of residential node areas (including but not limited to associated infrastructure such as transmission lines, pumping facilities, and community septic facilities). 2.6 Parties. "Parties" means Kittitas County, Washington and Applicant, Cle Elum Pines East and Cle Elum Pine West, LLCs, a limited liability company (ies). 2.7 Project. "Project" means the Palomino Fields preliminary Plat as approved by the County through Resolution 2008-160 being a one hundred and twenty (120) unit residential community on the Property, including but not limited to: (i) single family units and (ii) open space areas. 2.8 Property. "Property" means the site legally described in Exhibit A, attached hereto. 2.9 Utilities. "Utilities" includes, but is not limited to: all (i) storm water and drainage systems, infrastructure and facilities; (ii) community septic systems, infrastructure and facilities as approved by Kittitas County; (iii) dry utilities including power infrastructure and facilities, telecommunication systems, infrastructure and facilities; (iv) Group A domestic water systems; and (v) irrigation infrastructure and facilities. 3. Project Elements. 3.1. Permitted Uses; Any permitted use as allowed by the Kittitas County Zoning Code as the date vested by the applications and as permitted by Resolution 2008- 160 as adopted by Kittitas County Board of County Commissioners on November 18, 2008 and attached hereto as Exhibit D. 3.2. Residential Densities; The Residential Densities for the Palomino Fields plat have been established by Kittitas County through the adoption of Resolution 2008- 160 as adopted by Kittitas County Board of County Commissioners on November 18, 2008 and attached hereto as Exhibit D. The preliminary plat map, attached hereto as Exhibit F, shows the Residential Densities established for the Palomino Fields plat by said resolution. Barns, outbuildings, garages, shops and the like are allowed within the Palomino Fields Plat. 3.3. Nonresidential Densities and Intensities; The Non -Residential Densities and Intensities for the Palomino Fields plat have been established by Kittitas County through the adoption of Resolution 2008-160 as adopted by Kittitas County Board of County Commissioners on November 18, 2008 and attached hereto as Exhibit D. The preliminary plat map, attached hereto as Exhibit F, shows the Non -Residential Densities and Intensities established for the Palomino Fields plat by said resolution. Barns, outbuildings, garages, shops and the like are allowed within the Palomino Fields Plat. 3.4. Building Sizes; Individual residential buildings shall not exceed 6,500 square feet. Barns, outbuildings, garages, shops and the like are allowed within the Palomino Fields Plat. 4. Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW; The Palomino Fields plat shall meet the mitigation requirements as provided for in the SEPA Mitigated Determination of Non -significance (MDNS) issued on September 8, 2008 by Kittitas County and attached hereto as Exhibit B and those requirements for the Palomino Fields plat as proved for in Kittitas County Resolution 2008-160 as adopted by Kittitas County Board of County Commissioners on November 18, 2008 and attached hereto as Exhibit D. 5. Design Standards. 5.1. Drainage and Water quality requirements; The owner of each parcel shall be responsible to meet Eastern Washington Storm Water guidelines requirements as established for the Palomino Fields plat as it pertains to that individual parcel. Road drainage shall meet the Eastern Washington Storm Water guidelines. 5.2. Landscaping; The areas not containing residential structures and driveways may be landscaped with grasses, trees and other plants that do not require irrigation water that would exceed the irrigation allotment for the individual parcel. 5.3. Other Development Features; There may be an entry monument placed at the entry to the Palomino Fields plat. Other development features may be developed within the plat that is homogenous with residential development. 6. Road and sidewalk standards; Bowers Road shall be a public road that is extended into the plat. The Bowers Road extension shall meet Kittitas County Public Road Standards with said extension design being approved by Kittitas County. Internal roads may be developed as public or private roads as allowed by the Kittitas County Road Standards. All internal roads shall be designed and constructed to Kittitas County Road Standards. Sidewalks are not required within the Palomino Fields plat and will not be constructed. 7. Affordable housing; Affordable housing is not required nor will it be provided with in the Palomino Fields plat. 8. Infrastructure requirements; 8.1. Domestic Water. Group A water systems, as defined by the WAC 246- 294-010, include systems having 15 or more connections. Phase 1 of the Palomino Fields Plat, shall be served by a Group A water system per the statutory requirements and as approved by the Washington State Department of Health. The water system will be constructed in phases commensurate with the phased development as shown on Exhibit G attached hereto. 8.2. Irrigation Water. The first 8 lots of Phase 1, shall be provided irrigation water by Cascade Irrigation District. All other phases shall be provided irrigation by the Ellensburg Water Company. The irrigation distribution system shall be owned privately and the design, maintenance and operation of said irrigation distribution system shall be approved by the district or company providing the irrigation water or, if the district does not have an approval process, designed by an engineer licensed in the State of Washington. The irrigation system will be constructed in phases commensurate with the phased development as shown on Exhibit G attached hereto. 8.3. Sewage Disposal. Sewage disposal shall be by Community Septic Systems, which may serve two to seven parcels as, designed by a licensed designer and approved by Kittitas County. The Community Septic Systems will be constructed in phases commensurate with the phased development as shown on Exhibit G attached hereto. The Community Septic Systems will not be required to be developed prior to final platting of each or any phase but may be constructed simultaneously with buildings as permitted by the Kittitas County building department. Prior to receiving Occupancy Permit for any building constructed the community septic system shall be completed. 8.4. Storm drainage. The owner of each parcel shall be responsible to meet the Eastern Washington Storm Water guidelines requirements as established for the Palomino Fields plat as it pertains to that individual parcel. Road drainage shall meet the Eastern Washington Storm Water guidelines. Applicant shall development the Palomino Fields plat in accordance with a storm water permit as issued by the Washington State Department of Ecology. Fire Protection. Sprinklers located in each residence will provide fire Protection. Neither system wide storage tanks nor fire hydrants are required for the Project. 8.5. Other Infrastructure Requirements. Utilities including but not limited to dry utilities such as power, phone and internet shall be provided to the property line of each parcel. 9. Parks and open space preservation. The Parks and open space preservation for the Palomino Fields plat have been established by Kittitas County through the adoption of Resolution 2008-160 as adopted by Kittitas County Board of County Commissioners on November 18, 2008 and attached hereto as Exhibit D. 10. Phasing. The project will be constructed and receive final plat approval in individual Phases. The description of the Phasing plan is provided in Exhibit G. 11. Development review processes, procedures and standards for implementing decisions, including methods of reimbursement to the county for review processes; 11.1. Standards For Implementing Decisions. Kittitas County shall base its decisions on the Kittitas County Code and implement said decisions on Ordinance as further defined and modified by this document. 11.2. Plat Application. The County has processed a plat application, and approved the Palomino Fields Plat pursuant to Resolution 2008-160. 11.3. Permit Applications. The County has reviewed, process and issued a decision on the Project development permit applications including preliminary plat, and SEPA review. 11.4. Engineering. The county will review and approve engineering designs of Road(s) and other eliminates with in the county right of way on roads to be taken on to the county public road system pursuant to the Kittitas County Code. Private roads will be constructed to the Kittitas County Private Road Standards. 11.5. The County will review and issue a grading permit pursuant to the Kittitas County Code. 11.6. Reimbursement To The County For Review Processes. Applicant will pay, pursuant to the fee structure adopted by Kittitas County, any other fees required to achieve final plat approval for each phase of the plat. 11.7. State Environmental Policy Act Review. As part of the Palomino Fields Plat approval process, the County issued a mitigated threshold decision pursuant to chapter 43.21C RC W.. 11.8. Access. Access will be established from Reecer Creek Road along the North boundary line of the property by means of a new County right-of-way established from Reecer Creek Road in alignment with the existing Bowers Road. 11.9. Legal Structure of Project. At the conclusion of the development of the Palomino Fields community a Homeowner Association will be created to govern residential areas, community facilities, storm water facilities, and road improvements within residential nodes, and open space. The Group A water system shall be owned, operated and maintained by a entity established, owned and operated by a designate of the Applicant. Said designate shall establish operation procedures and rates as may approved by the Washington State authorities having jurisdiction if and when required by state law. 11.10. Design Review. Design Review shall be provided for under a Declaration of Covenants, Conditions and Restrictions ("CC&Rs"). Design Review shall be determined by Applicant and shall be consistent with applicable Kittitas County Code. The Design Review provisions shall include standards for home design, materials, methods and construction, including but not limited to siting for wind and solar considerations, siting for view considerations, setbacks and height restriction. After the expiration of this Agreement, the Homeowner Association, if established, may have the right to adopt further Design Review restrictions as may be permitted consistent with the CC&Rs, Bylaws and Articles of Incorporation. 12. A Build -out or Vesting Period for Applicable Development Standards. The Applicant may construct one or more Phase(s) of the project per building season. The Project is anticipated to be completed within 5 years as described in Exhibit G. 13. Process for amending the development agreement. This agreement may be amended by mutual consent of all of the parties to this agreement. 14. Any Other Appropriate Development Requirement(s) or Procedure. Developer may further improve the property within Development Requirement(s) or Procedure the Developer establishes that are homogenous with residential development. 15. Applicant, or a designate of the Applicant, may construct a model home, real estate sales facility, or a temporary construction office to be operating for construction or real estate office purposes prior to or commencement with the initial stages of the development. Said facility (ies) shall be required to be operated under the laws of the state of Washington as a Real Estate Branch office and be licensed as same, or by Kittitas County Codes. Upon completion of the final phase or selling of the last lot the model home, real estate sale facility, or construction offices will be decommissioned or transferred over as a one the 120 single-family residences. 16. Miscellaneous and General Provisions. 16.1. Governing Law. This Agreement shall be governed by the laws of the State of Washington and the Kittitas County Codes as vested by the Palomino Fields application. Each party represents it has the respective power and authority and is duly authorized to sign and perform its obligations under this Agreement. The parties intend this Agreement to be interpreted to the full extent authorized by law as an exercise of the County's authority to enter into development agreements. Neither this Agreement nor any provision hereof may be waived, modified, amended or terminated except by a written agreement of the parties hereto. 16.2. Successors. This Agreement and the rights set forth herein run with the land and shall be binding upon and inure to the benefit of the County and the successor owners and assigns of the Development Site. 16.3. Enforcement. Any parry to this Agreement may enforce the terms of this Agreement. No party shall be in default under this Agreement unless it has failed to perform for a period of twenty-one (21) days after written notice of default from the other party. (In some instances the performance period may be extended to allow a reasonable time period to cure the default.) Any notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily. All parties to this agreement shall have all rights and remedies provided by law. 16.4. Notices. All notices or other communications under this Agreement shall be delivered to the addresses after each signature. Notices shall be in writing and either; (i) delivered personally, (ii) sent by facsimile transmission with an additional copy mailed first class, (iii) deposited in the U.S. Mail with certified mail postage prepaid and return receipt requested, or (iv) delivered by nationally recognized overnight delivery service with signature required. Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mail, notice shall be deemed delivered seventy-two (72) hours after deposit. If sent by overnight delivery, notice shall be deemed delivered forty-eight (48) hours after deposit. 16.5. Counterparts and Recording. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Pursuant to RCW 36.70B.190, this Agreement or memorandum thereof shall be recorded with the Kittitas County Auditor and during the term of this Agreement shall be binding on the parties, their successors and assigns. IN WITNESS THEREOF, this Agreement is effective on the date of the last signature below. KITTITAS COUNTY By Name: County Commissioner Dated: Approved as to form: By Name County Prosecuting Attorney Dated: CLE ELUM PINES EAST LLC & CLE ELUM PINES WEST LLC By Its: Dated: STATE OF WASHINGTON ) ss. COUNTY OF KITTITAS ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it as the of Cle Elum Pines East LLC & Cle Elum Pines West LLC to be his/her free and voluntary act for the purposes mentioned in the instrument. (Print Name) Notary Public, Residing at My appointment expires �C"5`'`Df` TOT KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES F 9'� 411 N. Ruby St., Suite 2, Ellensburg, WA 98926 CDS@CO.KITTITAS. WA.US Office (509) 962-7506 "Building Partnerships — Building Communities" Fax (509) 962-7682 KITHTAS Coil 7Rv October 8, 2015 Mr. Chad Bala Terra Design P.O. Box 686 Cie Elum, WA 98922 RE: Palomino Plat (P-07-31), Suggested Development Agreement Dear Mr. Bala; This letter is in response to your request to review the Development Agreement proposed for the phasing of the Palomino Plat granted preliminary approval in 2008 and extended this summer on June 15, 2015. There are a number of issues that I have with the agreement proposal that need to be addressed before I would propose this to the Commissioners for their approval, several of the issues related to conditions under which the SEPA threshold determination was made, the Hearing Examiner recommended approval, and the Commissioner approved through resolution. Before I get these specific issues, I wish to address that this proposed agreement sets a situation that is more similar to Planned Unit Development (PUD) which is not how this project was submitted, reviewed or approved. Many of my comments are related to this. Because this was not approved as a PUD, but rather as a subdivision, the phasing would have to be similar to that common of a subdivision, preferably two phases, but four (4) phases at a maximum. I can agree, because the project is of significant size, that the project can be completed over a period of time. However, completing this development in seventeen (17) phases over twenty (20) years is unacceptable. While I understand that your client intends to only build several units each year, the final would have to be completed in as few phases and in as short a time as possible. Each phase will constitute a final plat, which will require work of my staff, possibly without compensation, which I am not willing to spend from my budget. I will investigate the possibility of purchase of final plat processing re -imbursement within the Development Agreement, but I will request the lowest number of phases in the shortest time as possible. We can discuss other phasing and period of completion options at another time for the development agreement. I will concentrate on other particular items within the proposal at this time. • Section 5 sets design standards for the project. Height and yard restrictions are those that existed in the Code at the time of plat approval. Height of any structure shall not exceed thirty- five feet and setbacks are 25 feet in the front and rear yards and 15 feet for the side yards. This cannot be changed since there was no declaration or approval of height or setback restrictions in the decision. Section 8.1 indicates that the water will be provided through a Group B system in the first phase and a Group A system for the rest of the project. The recommendation and final decision states that "The applicant will develop a Group A Water System for the project... approved by the Washington State Department of Health. Unless we receive something from State Health which is also approved through our health department that a Group B system is acceptable within the project, we will have to require the installation of a Group A system. As stated within the condition of approval, the group A system can be done in phases, but it will have to be a Group A system. COMMUNITY PLANNING • BUILDING INSPECTION • PLAN REVIEW • ADMINISTRATION • PERMIT SERVICES • CODE ENFORCEMENT • Under the description of the project, Exhibit G, you have indicated that approval of the final plat will be completed within fourteen (14) days. We are not processing final plats within that short of time period. Under the current situation, it would take at least four weeks to be in front of the Commissioners for their approval by resolution. That requirement, the second half of the statement, would have to be stricken. Under the paragraph related to Stage 1, Phase 1, second paragraph, it is indicated that the "model home and/or a real estate sales office may be served, on a temporary bases (sic), by a 50 gallon, or larger, cistern for potable water, community drain field, and infrastructure from facilities located on Reecer Creek road..." Any issues related to water or septic systems will have to be agreed upon by the Health Department of Kittitas County and we would not recommend agreement to this without their review and consent. • Under the section entitled "Notes Effecting Stages 1, 2, and 3," the third paragraph indicates that "Building Permits and home construction may proceed... prior to final plating (sic) or bonding of the current Phase under construction..." I cannot recommend construction of homes or occupancy permits before the approval of the final plat. This places the County in jeopardy if the final plat is not completed. • Again, the 20 -year completion period with the possibility of extension as indicated in the following paragraph is unacceptable. Give me a call so that we can set a time to discuss these issues. Thanks. Sincerely, Pc�b - oc' Hansen Director, Community Development Services October 23, 2014 Kittitas County Community Development Services Department Doc Hansen 411 North Ruby Street Ellensburg, WA 98926 RE: Palomino Fields Plat (P-07-31) Dear Mr. Hansen I would like to thank you for taking the time to meet and address the initial Development Agreement proposal for the Palomino Fields Plat. Please accept this Development Agreement application and associated materials for the Palomino Fields Plat (P-07-31, Res. 2008-160) in order to establish a phasing plan regarding our preliminary approved plat. We have prepared the Development Agreement as provided for in the Revised Code of Washington ("RCW") 36.70B.170 and pursuant to Kittitas County Code Chapter 15A. I I for your review. If you have any additional inquiries please do not hesitate to contact me. Chad Bala, Authorized Agent cc: Pat Deneen, Landowner. LAND USE CONSULTANTS `t`F: ST:17F` pi C Fb mss: r ?f• ? n' leas STATE OF WASHINGTON DEPARTMENT OF ECOLOGY 1250 W Alder St • Union Gap, WA 913903-0009 • (.509) 575-2490 April 22, 2016 Robert "Doc" Hansen Kittitas County Community Development Services 411 N Ruby Street, Suite 2 Ellensburg, WA 98926 Re: P-07-31 Dear Mr. Hansen: Thank you for the opportunity to comment during the optional determination of nonsignificance process for the Palomino Fields preliminary subdivision revision, proposed by Cle Elum Pines East, LLC. We have reviewed the documents and have the following comments. SHORELANDS/ENVIRONMENTAL ASSISTANCE There is no description in the provided documents as to what work will be done in each planned phase and how elements of the original MDNS with its requirements to comply with critical areas protection will be carried forward into the development agreement phases. This information should be made available for public review. No new construction should occur without the environmental reports being completed and made available for review. Locations of critical areas, including floodplain and floodway location, location of wetlands, and depth to groundwater may have changed since original approval in 2008 due to up -gradient and offsite activities. All these critical elements and any previously submitted reports should be updated and made available for public review and comment as part of this action. Both state and federal agencies require new or updated wetland reports for those reports that are older than 5 years. If previously submitted information indicates that there were no wetlands on site, then a new wetland delineation and rating report should be required. It. is highly likely that with one stream on site and one just adjacent to the property, and up -gradient regional application of irrigation waters that there would be areas that would meet wetland criteria. Ecology considers housing densities of greater than one house per one acre to be "high density" with respect to the size of buffer required to protect wetland resources. Ecology recommends that required buffers be outside of private lot lines, and put into permanent "open space" designation in a separate common area. Mr. Hansen April 22, 2016 Page 2 It is very important that the current and potential flood regime of the site be accurately understood, using data that is recent. Adjacent properties with similar planned urban housing densities are already experiencing problems dealing with stormwater run-off. Stormwater facilities should be designed at a minimum to be consistent with the Eastern Washington Stormwater-Manual-(EWSM)—T-he-EWSM in -chapter 2 provides-guidanee-on when -and -how existing site wetlands may or may not be used for stormwater storage, and chapter 5 describes how constructed wetlands can be used for detention and stormwater treatment. If you have any questions or would like to respond to these Shorelands/Environmental Assistance comments, please contact Catherine Reed at (509) 575-2616 or email at catherine.reed@ecy.wa.gov . Sincerely, Atevt ( � Gwen Clear Environmental Review Coordinator Central Regional Office (509) 575-2012 crosepacoordinator@ecy.wa.gov 5313 April 27, 2016 To: Kittitas County Development Services From: Leri and Vicki Loiseau Subject: Palomino Fields Development We are responding to your request for public comment regarding the Palomino Fields Development letter dated 3/25/2016. We would like to comment on the proposed development as it pertains to flood water management. We live at 1925 Dry Creek Road and the floods of 2009, 201 1 and 2016 all resulted in floodwater flowing from the proposed Palomino Field property across the John Wayne Trail behind our property. The floodwater also flows through an old culvert underneath the John Wayne Trail which directly empties onto our property. The floodwaters flow through our property and down through neighboring properties and ended up pooling alongside Dry Creek road, and often flowing across Dry Creek to adjacent properties. These pictures were taken during the first 3 of 4 floods that we have experienced. I put them together in a logical flow so you can see how the floods have affected our property and our neighborhood. The John Wayne Trail has old ditches on the north side of it that have filled in over the years so the water reaching the trail has nowhere to go. This picture is taken behind our house at 1925 Dry Creek Road. The property to the north of the trail is the proposed Palomino Fields development. The floodwater from the field flows over the John Wayne Trail towards our property. This is a picture of our back yard which is bordered on the north by the John Wayne Trail. There is an old pipe underneath the trail that directs the water flow towards our house. The water then flows out our fence and continues toward Dry Creek Road. This is Dry Creek Road and the lane that goes to our property. The floodwater has flowed between several neighboring properties and ends up at Dry Creek Road. In this picture the lane to our cul de sac is under water. Now that the Palomino Fields development is becoming a reality, we believe it is the developers obligation to address floodwater that flows across their property. As we see the results of improper floodwater management at the Black Horse at Whiskey Creek development, we are very concerned that the floodwater issue be addressed early in the planning process. According to the SEPA Environmental Checklist, Section 3. Water #5 says "There is a portion of this subject property that contains floodplain areas that are associated with Currier Creek. Development is allowed within the 100 year floodplain as long as requirements of the Kittitas County Flood Development Code are met.” Was this study aware of the floodwater issues that occurred during the 2009, 2011, and 2016 floods? We were concerned that a 100 year flood occurred in 2009 and then again in January of 2011, May of 2011, then again in February of 2016. Please accept our written comments into your records. Thank you. Leri and Vicki Loiseau Mailing address: 110 W 6th Ave #173 Ellensburg, WA 98926 507 N. Nanum Street, St. 102 · Ellensburg, WA 98926 www.co.kittitas.wa.us/health/ Palomino Fields Phased Development Agreement PH Comments To: Doc Hansen From: Holly Myers, Environmental Health Supervisor Date: March 31, 2016 RE: DA-15-00001 Development Agreement Phase Recommendation Thank you for the opportunity to comment on the Palamino Fields Development Agreement regarding water and septic requirements to comply with Kittitas County Public Health requirements. Per SEPA MDNS for Palomino Fields Preliminary Plat (P-07-31), Section III (C, D, E, F, G, H, I, J), these are the requirements for compliance with Public Health prior to final plat approval. Note: The applicant will develop a Group A Water System for the project. The Group A Water System shall be designed by a licensed engineer and approved by the Washington State Department of Health. The Group A Water System shall be approved prior to final plat approval. The group A Water System may be built in phases as provided for in the approved group A Comprehensive Water System Plan as required by DOH, pursuant to WAC 246. Demonstration of adequate water rights in relation to development of a Group A Water System shall be completed prior to final approval. Except for the existing exempt well that currently serves the property, no other exempt wells shall be developed to service the project. Any deviations to the water system requirements shall undergo further environmental and plat review. WATER Chapter 13.35.027 1. All new uses of ground water shall require either: 1) A letter from a water purveyor stating that the purveyor has adequate water rights and will provide the necessary water for the new use; 2) An adequate water right for the proposed new use; or 507 N. Nanum Street, St. 102 · Ellensburg, WA 98926 www.co.kittitas.wa.us/health/ 3) A certificate of water budget neutrality from the Department of Ecology or other adequate interest in water rights from a water bank. No new use to which this chapter is applicable shall be approved without one of these required submissions. 2. All applicants for land divisions shall also submit information on "proximate parcels" held in "common ownership" as those terms are defined in WAC 173-539A-030 and otherwise demonstrate how the pro- posed new use will not violate RCW 90.44.050 as currently existing or hereafter amended. 3. Failure to obtain mitigation before commencement of an activity requiring mitigation shall be a code vio- lation subject to enforcement under Title 18 KCC. WELL LOCATION All wells must meet the distance requirement of 50 feet from the property line, 50 feet from the septic tank and 100 feet from the drain field as per Kittitas County Critical Areas Ordinance 17A.08.25, and KCC Chapter 13. If existing wells do not meet the setback requirement from property lines, the two adjoining parcels near- est the well must enter into a legal, shared well-users agreement. ON SITE SEWAGE 16.20.030 Existing conditions – (7) Except for administrative segregations, one soil log shall be performed and information recorded for each lot within the proposed subdivision. Soil logs shall be in accordance with WAC 246.272A. The purpose of a soil log is to ensure that future property owners can be assured that they will be able to install a septic system on the property. A soil log is performed to ensure that suitable depth and type of soil is present on the property prior to final plat approval. Based on projected population of 172 camp sites the existing septic systems will not support the increased numbers. A Large Onsite Septic System (LOSS) is required to meet the demand of the projected population if the flow is greater than 3500 gpd. LOSS systems are regulated through the Eastern Regional Office of Washington State Department of Health. REQUIRED PLAT SIGNATURE BLOCK 16.24.210 Certificate of county health officer. A note on any approved plat shall contain the following note: I hereby certify that the plat has been examined and conforms with current Kittitas County Code Chapter 13. Dated this day of , A.D., 20 . Kittitas County Health Officer (Ord. 2014-015, 2014; Ord. 2005-31, 2005) REQUIRED PLAT NOTES 507 N. Nanum Street, St. 102 · Ellensburg, WA 98926 www.co.kittitas.wa.us/health/ 16.12.020 Unless otherwise specified, information required below may be placed on either sheet one or sub- sequent sheets or on all sheets as necessary. (9) A statement regarding the contemplated sewage disposal, potable water supply, and drainage improvements for the proposed subdivision. Sincerely, Holly Myers, Environmental Health Supervisor 507 N. Nanum St. Suite. 102 · Ellensburg, WA 98926 T: 509.962.7515 · F: 509.962.7581 www.co.kittitas.wa.us/health/ 507 N. Nanum St. Suite. 102 · Ellensburg, WA 98926 T: 509.962.7515 · F: 509.962.7581 www.co.kittitas.wa.us/health/ 507 N. Nanum St. Suite. 102 · Ellensburg, WA 98926 T: 509.962.7515 · F: 509.962.7581 www.co.kittitas.wa.us/health/ State of Washington DEPARTMENT OF FISH AND WILDLIFE South Central Region • Ellensburg District Office • 201 N. Pearl St, Ellensburg, WA 98926 Telephone: (509) 962-3421 • Fax: (509) 575-2474 April 28, 2016 Robert “Doc” Hansen, Director Kittitas County Community Development Services 411 N. Ruby Street; Suite 2 Ellensburg, WA 98926 SUBJECT: Palomino Fields Development Agreement (P-07-31) surrounding Currier Creek – Proposal to Construct in Five Phases Dear Mr. Hansen, Thank you for the opportunity to review this proposal and provide comments. The Washington Department of Fish and Wildlife (WDFW) has reviewed the 2008 application materials associated with this proposal on your website, the phasing plan provided to us upon request in April 2016, and we are familiar with the property. WDFW has worked with this landowner and several others downstream in the Reecer/Currier Watershed to improve fish habitat and restore fish passage. With cooperation of this landowner and others, we now have coho salmon and steelhead spawning and rearing in the watershed and juvenile spring chinook rear in the system as well. We are unaware of any fish passage barriers between this site and the Yakima River for Currier and Reecer Creeks. The 2008 SEPA mentions a stream habitat enhancement plan through this reach; we welcome the idea of implementing the project (or a similar project) for which 50% designs currently exist to improve instream habitat through this reach. These types of projects are most easily implemented prior to development and if the riparian buffer is in shared open space, rather than multiple private owners. WDFW is interested in exploring the potential to further improve habitat in Currier Creek on this property with the owners. We encourage the applicants to work with WDFW as early as possible to make plans for the stream crossings over Currier Creek on Bender/Road E and Bowers Roads. These stream crossings, any trail crossings, and any other work that will impact the bed or flow of Currier Creek will require a Hydraulic Project Approval from WDFW. The Hearing Examiners findings note that concurrence from WDFW is a requirement for final plat approval. We do not have detailed phasing plans for this project, but our interest is in ensuring the fish and wildlife habitat associated with Currier Creek is incorporated into the planning/phasing and that the creek, its buffer, and the floodplain are protected to the greatest extent possible. As such, we have the following recommendations for inclusion in Phase 1 to protect fish and wildlife habitat:  All utilities, including septic plans, should be properly laid out and planned in Phase 1.  The four wetlands referred to in the 2008 Hearing Examiner’s findings should be clearly identified on the plans along with their buffers to ensure their protection. Page 2  The 100 foot buffer from the top of bank on each side of Currier Creek should be clearly identified on all plans and in the field to ensure its protection and to prevent encroachment into the buffer.  The riparian management plan that incorporates signage for Currier Creek referenced in the Hearings Examiner’s’ findings should be complete and reviewed by WDFW. Implementation of this plan should occur in the first phase of development.  All drainage features for stormwater and flood water should be planned and installed as part of Phase 1. The aerial photos in the attachment demonstrate that much of this development is within an active floodplain.  All stream crossings (roads and trails) will require HPAs from WDFW and should be planned early in Phase 1 to ensure ease of constructability as well as provide the ability to construct adequately sized structures without impacting existing structures/infrastructure.  We note that most of the parks are located within the 100 foot buffer for Currier Creek. Please provide plans for these parks, demonstrating that the functions of the buffer will not be impacted by development or actions in the parks. Please feel free to contact me at (509) 962-3421 or Jennifer.nelson@dfw.wa.gov if you have any questions about these comments. I welcome the opportunity to meet with the proponents and/or the County staff to explore alternatives to minimize impacts to fish, wildlife, and their habitat. Sincerely, Jennifer Nelson Area Habitat Biologist Enclosure: Aerial photos of site TO KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES 411 N. Ruby St., Suite 2, Ellensburg, WA 98926 CDS Q CO.KITTITAS.WA.US Office (509) 962-7506 "Building Partnerships — Building Communities" Fax (509) 962-7682 KIT7'ITAS COUNTI' - AFFIDAVIT OF POSTING Effective July 19, 2007, Kittitas County Code requires all project actions that are not processed administratively to have a notice posted at the site of the project. Per KCC 15A.03.110 the following applies: 1. The applicant shall post the subject property with signs as required by Community Development Services. 2. Signs shall be posted on each road frontage on the subject property and shall be clearly visible and accessible. 3. Signs shall be posted and on-site prior to the issuance of a Notice of Application. 4. The sign shall be posted in a sturdy manner to remain on-site until fifteen days after the expiration of the Notice of Decision appeal period. It shall be the responsibility of the applicant to properly dispose of the sign. 5. At the time of development application, Community Development Services will identify the number of signs needed and the general location of each sign on the subject property. 6. It shall be the responsibility of the applicant to place the structure on which the sign will be posted on site. At such time the structure and sign is in place, the applicant shall contact Community Development Services. DATE: February 26, 2016 PLANNER: Robert Hansen PROJECT NAME: Palomino Estates Development FILE NUMBER: DA -15-00001 related to LP -07-031 Agreement PLEASE COMPLETE THE FOLLOWING: T J A lb �--,+;A, +L..,+ T — +I, 1.,,,.1.,,.,,,o,- moral–,- —+1,,,,4.,0.1 agent responsible for the posting of this land use project site and further certify that the site has been posted as required by Kittitas County Code. I understand that the required posting period begins immediately and ends 15 days after the ending of the appeal period on the Notice of Decision and the sign(s) will be posted at the site until this time. Failure to post the site and return this form to Community Development Services in a timely manner will result in a delay f the application review for the project. c.- / Signature Date Please return the above certification to CDS; Fax at 509-962-7682; or mail to; Community Development Services, 411 North Ruby Street, Suite 2, Ellensburg, WA 98926. For Staff U e ly• Received iY;t� 01 zJ 15 KITTITAS Co I- , DS COMMUNITY PLANNING • BUILDING INSPECTION • PLAN REVIEW • ADMINISTRATION • PERMIT SERVICES • CODE ENFORCEMENT NOTICE OF APPLICATION Project Name: Palomino Fields Development Agreement Applicant: Cle Elum Pines East, LLC Agent: Terra Design Group/Chad Bala Location: A 120 acre parcel located west of Reecer Creek Road between the east-west running Bowers and Bender Roads. Proposed Project: The Palomino Fields preliminary subdivision was approved in 2008 under Ordinance 2008-160 for 120 lots. The applicant for the Development Agreement is requesting that the final plat for the subdivision receive final approval in five (5) phases through a Development Agreement. Materials Available for Review: The environmental checklist was prepared for the original subdivision and since no physical changes are proposed, it will be used to evaluate the project. Application materials can be viewed at Kittitas County Community Development Services (CDS) department at 411 N. Ruby Suite 2, Ellensburg, WA 98926. Written Comments on this proposal can be submitted to CDS any time prior to 5:00 p.m. on April 28, 2016. Any person has the right to comment on the application, receive notice of and participate in any hearings, and request a copy of the decision once made. Appeal procedures can vary according to the type of decision being appealed, and are described in Kittitas County Code, Title 15A. Environmental Review (SEPA): The County expects to issue a Determination of Non- Significance (DNS) for this proposal, and will use the optional DNS process, meaning this may be the only opportunity for the public to comment on the environmental impacts of the proposal. Mitigation measures may be required under applicable codes, such as Title 17 Zoning, Title 16 Subdivisions, and the Fire Code, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared. A copy of the threshold determination may be obtained fro the County. Public Hearing: An open record hearing will be scheduled before the Kittitas County Hearing Examiner after the SEPA environmental threshold determination has been issued. A Public Hearing Notice will be issued establishing the date, time and location of this hearing. Designated Permit Coordinator (staff contact): Robert “Doc” Hansen Community Development Services Director (509) 962-7506 doc.hansen@co.kittitas.wa.us Date of this Notice: March 29, 2016 Application Received: October 6, 2015 Application Complete: November 2, 2015 Publish Date: March 29, 2016 in Daily Record NOTICE OF APPLICATION Project Name: Palomino Fields Development Agreement Applicant:' Cle Elym Pines East, LLC Agent: Terra Design Group/Chad Bala Location: A 120 acre parcel located west of Reecer Creek Road between the east -west running Bowers and Bender Roads. Proposed Project: The Palomino Fields preliminary subdivision was approved in 2008 under Ordinance 2008-160 for 120 lots. The applicant for the Development Agreement is requesting that the final plat for the subdivision receive final approval in five (5) phases through a Development Agreement. Materials Available for Review: The environmental checklist was prepared for the original subdivision and since no physical changes are proposed, it will be used to evaluate the project. Application materials can be viewed at Kittitas County Community Development Services (CDS) department at 411 N. Ruby Suite 2, Ellensburg, WA 98926. Written Comments on this proposal can be submitted to CDS any time prior to 5:00 p.m. on April 28, 2016. Any person has the right to comment on the application, receive notice of and participate in any hearings, and request a copy of the decision once made. Appeal procedures can vary according to the type of decision being appealed, and are described in Kittitas County Code, Title 15A. Environmental Review (SEPA): The County expects to issue a Determination of Non -Significance (DNS) for this proposal, and will use the optional DNS process, meaning this may be the only opportunity for the public to comment on the environmental impacts of the proposal. Mitigation measures may be required under applicable codes, such as Title 17 Zoning, Title 16 Subdivisions, and the Fire Code, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared. A copy of the threshold determination may be obtained from the County. . Public Hearing: An open record hearing will be scheduled before the Kittitas County Hearing Examiner after the SEPA environmental threshold determination has been issued. A Public Hearing Notice will be issued establishing the date, time and location of this hearing. Designated Permit Coordinator (staff contact): Robert "Doc" Hansen Community Development Services Director (509)962-7506 doc.hansen@co.kittitas.wa.us Date of this Notice: March 29, 2016 Application Received: October 6, 2015 Application Complete: November 2, 2015 Publish Date: March 29, 2016 in Daily Record TO KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES ,e �o °y 411 N. Ruby St., Suite 2, Ellensburg, WA 98926 CDS@CO. KrrrITAS. W A. US Office (509) 962-7506 "Building Partnerships — Building Communities" Fax (509) 962-7682 K+rrrrAs couYry AFFIDAVIT OF MAILING (to be filled out and kept in the files at all times) PROPOSAL NAME: Development Agreement for Palomino Fields #DA -15-00001 NAME OF DOCUMENT: Notice of Appliction for Development Agreement NOTIFICATION MAIL DATE: March 25, 2016 Mailer: In addition to attaching copies of the documents mailed, please attach a copy of the names and addresses of those to whom the documents were mailed and of the public hearing notice sent to the newspapers. State of Washington County of Kittitas I certify that the Notification of Application as attached was mailed to those owners within 500 feet of the boundary of the proposal as determined by the Assessor's official map. Subscribed and lq�',9m to before me this III,/ � �•SH 1 C_�01. ��A.qf � 4/fill N Fr?��; Staff Signature U r� day of [ " \C,Y d'- 120 Lo . Notary Public for the St e o ashington residing in Ellensburg My appointment expires L • 2?) 120 IT COMMUNITY PLANNING • BUILDING INSPECTION • PLAN REVIEW • ADMINISTRATION • PERMIT SERVICES • CODE ENFORCEMENT • FIRE INVESTIGATION 706233 211033 621033 621033 12586 o�oca. 12 r08476233 471033 033 DV -15-00001 Palimino Plat Phasing 11801 11802 861033 Adjoining Properties for Notification 871033 ' 481033 491033 881033 891033 901033 431033 501033 103 11800 033 DV -15-00001 Palimino Plat Phasing 11801 11802 861033 Adjoining Properties for Notification SINCLAIR ARTHUR E TEANAWAY RIDGE LLC KUHN RONALD D & DEBORAH L 202 SINCLAIR RD PO BOX 808 2941 REECER CREEK RD ELLENSBURG WA 98926-6590 CLE ELUM WA 98922-0808 ELLENSBURG WA 98926-8815 BERG CHARLES S & STACY L TEANAWAY RIDGE LLC KEATON SANDRA 2214 DRY CREEK RD P O BOX 808 2821 REECER CREEK RD ELLENSBURG WA 98926-9446 CLE ELUM WA 98922 ELLENSBURG WA 98926 CLE ELUM PINES WEST LLC WILANT KEITH A BIVENS OLIVER L & DONNA J PO BOX 808 3230 REECER CREEK RD 2761 REECER CREEK RD CLE ELUM WA 98922-0808 ELLENSBURG WA 98926-8815 ELLENSBURG WA 98926-8814 THOMPSON BRIAN M ETUX JOHNSON RONALD W HOSKO WILLIAM J ETUX PO BOX 581 1510 106TH AVENUE CT E 2661 REECER CREEK RD ELLENSBURG WA 98926-1917 EDGEWOOD WA 98372-1539 ELLENSBURG WA 98926 STERKEL MARVIN H JR ETUX CARMEN JULIE D & PEARSON DAVID T 303 W 9TH ST WILEY MARC R 2110 REECER CREEK RD ELLENSBURG WA 98926 1511 W BOWERS RD ELLENSBURG WA 98926-9426 ELLENSBURG WA 98926-9306 GREAT ROUNDUP SSHI LLC POGUE DANIEL R COVENANT CHURCH 12910 TOTEM LAKE BLVD NE SUITE 220 2135 DRY CREEK RD 5270 WEAVER RD KIRKLAND WA 98034 ELLENSBURG WA 98926-9447 ELLENSBURG WA 98926-6711 DAGA DEVELOPMENT LLC CLE ELUM PINES EAST LLC HUNTER ROBERT E & WENDY L 1433 W UNIVERSITY WAY PO BOX 808 2125 DRY CREEK RD ELLENSBURG WA 98926-2334 CLE ELUM WA 98922 ELLENSBURG WA 98926-9447 STERKEL MARVIN H SR ETUX BASTERRECHEA ROBERT L POWNALL DEAN & LYNN 2073 REECER CREEK RD BASTERRECHEA SHANNON E 2015 DRY CREEK RD ELLENSBURG WA 98926 2641 REECER CREEK RD ELLENSBURG WA 98926-9447 ELLENSBURG WA 98926-9428 GORZE KEITH ETUX TATE BARBARA JEAN KNOLL BERNARD P PO BOX 1208 2218 DRY CREEK RD 2005 DRY CREEK RD ELLENSBURG WA 98926 ELLENSBURG WA 98926-9446 ELLENSBURG WA 98926-9454 SPURLING LORRAINE WOODS JOHN N HANSON CANDY M 3251 REECER CREEK RD 1206 W BENDER RD 1921 W DRY CREEK RD ELLENSBURG WA 98926-8815 ELLENSBURG WA 98926-9408 ELLENSBURG WA 98926 LOISEAU LERI M & VICKI R GARY EVAN & DIA 110 W 6TH AVE PMB 173 2003 DRY CREEK RD ELLENSBURG WA 98926-3106 ELLENSBURG WA 98926-9454 RISTOW WILLIAM F & SHIRLEY J MORFIELD JAMES I TRUSTEES 2210 REECER CREEK RD 1915 DRY CREEK RD ELLENSBURG WA 98926 ELLENSBURG WA 98926 LONGORIA ERIC L & TAMMY L 1905 DRY CREEK RD ELLENSBURG WA 98926-9455 EITEMILLER DOUG & STAHELSKI ANTHONY J ANDERSON LISA PO BOX 1832 PO BOX 503 ELLENSBURG WA 98926-1718 ELLENSBURG WA 98926-1916 JOHNSON BRIAN P & MELISSA D 2129 DRY CREEK RD ELLENSBURG WA 98926-9447 ODONNELL ROSALYN C 2131 W DRY CREEK RD ELLENSBURG WA 98926-9447 BAUER KENNETH F & KELLY A 2121 DRY CREEK RD ELLENSBURG WA 98926-9447 FROMHERZ MATTHEW M & KAREN M 2119 DRY CREEK RD ELLENSBURG WA 98926-9447 FEVERGEON DAVID J & FEVERGEON STEPHANIE J 1206 N DOLARWAY RD SUITE 219 ELLENSBURG WA 98926-8392 STOKES RONALD H 2011 W DRY CRK RD ELLENSBURG WA 98926 Ap% vrD— CID 7 L (n m I % , t I , 4 F k i ; ; t t! i f I ! , z ; L r, '' h --- - - - - U -.---I- M Z m Rasmussen Rd-. --- amt w C/) m Reeccr=Creek-f DAILY RECORD/KITTITAS PUB C/O IDAHO STATE JOURNAL RECEIVABLES PO BOX 1570 POCATELLO ID 83204 (509)925-1414 ORDER CONFIRMATION Salesperson: LAURA FISHBURN Printed at 03/25/16 14:16 by lfi18 ----------------------------------------------------------------------------- Acct #: 84329 Ad #: 1436828 Status: N KC COMMUNITY DEVELOPMENT SERVICES Start: 03/29/2016 Stop: 03/29/2016 411 N. RUBY ST, SUITE 2 Times Ord: 1 Times Run: *** ELLENSBURG WA 98926 STD6 2.00 X 7.29 Words: 372 Total STD6 14.58 Class: 0001 LEGAL NOTICES Rate: LEG2 Cost: 126.12 # Affidavits: 1 Contact: STEPH MIFFLIN Ad Descrpt: NOTICE OF APPLICATION Phone: (509)962-7506 Given by: DOC HANSEN Fax#: Created: lfi18 03/25/16 11:57 Email: kaycee.hathaway@co.kittitas. Last Changed: lfi18 03/25/16 14:16 Agency: ----------------------------------------------------------------------------- COMMENTS: COPIED from AD 1436791 ----------------------------------------------------------------------------- PUB ZONE EDT TP START INS STOP SMTWTFS DR A 97 S 03/29 IN A 97 S 03/29 ----------------------------------------------------------------------------- AUTHORIZATION Under this agreement rates are subject to change with 30 days notice. In the event of a cancellation before schedule completion, I understand that the rate charged will be based upon the rate for the number of insertions used. Quote from Daily Record/Kittitas County Publishing (509) 925-1414 This ad will run as quoted unless cancellation is received. Please contact your sales rep 24 hours prior to first run date to cancel order. _____________________________________ _____________________________________ Name (print or type) Name (signature) (CONTINUED ON NEXT PAGE) DAILY RECORD/KITTITAS PUB C/O IDAHO STATE JOURNAL RECEIVABLES PO BOX 1570 POCATELLO ID 83204 (509)925-1414 ORDER CONFIRMATION (CONTINUED) Salesperson: LAURA FISHBURN Printed at 03/25/16 14:16 by lfi18 ----------------------------------------------------------------------------- Acct #: 84329 Ad #: 1436828 Status: N NOTICE OF APPLICATION Project Name: Palomino Fields Development Agreement Applicant: Cle Elum Pines East, LLC Agent: Terra Design Group/Chad Bala Location: A 120 acre parcel located west of Reecer Creek Road between the east-west running Bowers and Bender Roads. Proposed Project: The Palomino Fields preliminary subdivision was approved in 2008 under Ordinance 2008-160 for 120 lots. The applicant for the Development Agreement is requesting that the final plat for the subdivision receive final approval in five (5) phases through a Development Agreement. Materials Available for Review: The environmental checklist was prepared for the original subdivision and since no physical changes are proposed, it will be used to evaluate the project. Application materials can be viewed at Kittitas County Community Development Services (CDS) department at 411 N. Ruby Suite 2, Ellensburg, WA 98926. Written Comments on this proposal can be submitted to CDS any time prior to 5:00 p.m. on April 28, 2016. Any person has the right to comment on the application, receive notice of and participate in any hearings, and request a copy of the decision once made. Appeal procedures can vary according to the type of decision being appealed, and are described in Kittitas County Code, Title 15A. Environmental Review (SEPA): The County expects to issue a Determination of Non-Significance (DNS) for this proposal, and will use the optional DNS process, meaning this may be the only opportunity for the public to comment on the environmental impacts of the proposal. Mitigation measures may be required under applicable codes, such as Title 17 Zoning, Title 16 Subdivisions, and the Fire Code, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared. A copy of the threshold determination may be obtained from the County. Public Hearing: An open record hearing will be scheduled before the Kittitas County Hearing Examiner after the SEPA environmental threshold determination has been issued. A Public Hearing Notice will be issued establishing the date, time and location of this hearing. Designated Permit Coordinator (staff contact): Robert Doc Hansen Community Development Services Director (509) 962-7506 doc.hansen@co.kittitas.wa.us Date of this Notice:March 29, 2016 Application Received:October 6, 2015 Application Complete:November 2, 2015 Publish Date:March 29, 2016 in Daily Record L,'TITAS COUNTY COMMUNIT DEVELOPMENT SERVICES F� 411 N. Ruby St., Suite 2, Ellensburg, WA 98926 CDS @CO.KITTrrAs.wA.Us — – Office (509) 962-7506 "Building Partnerships—Building Communities" —Fax (509) 962-7682 srrrrr,�s rousr�• DEVELOPMENT AGREEMENT (A legislative action allowing different or additional development regulation per KCC 15A.11) A preapplication conference is encouraged for this permit. The more information the County has early in the development process, the easier it is to identify and work through issues and conduct an efficient review. To schedule a preapplication conference, complete and submit a Preapplication Conference Scheduling Form to CDS. Notes or summaries front preapplication conference should be included with this application. Please type or print clearly in ink. Attach additional sheets as necessary. Pursuant to KCC 15A.03.040, a complete application is determined within 28 days of receipt of the application submittal packet and fee. The following items must be attached to the application packet. WHEN IS A DEVELOPMENT AGREEMENT USED? A development agreement is a typically used for large, complex, or phased projects, or projects which were not contemplated by existing development regulations or application procedures. A development agreement may include provisions which are different or in addition to other county development regulations, as long as impacts are mitigation. Procedures are described in detail in Chapter 15A.11. The County shall only approve a development agreement by ordinance or resolution after a public hearing. The hearing shall be before the Board of County Commissioners, unless otherwise assigned. REQUIRED ATTACHMENTS ❑ Site plan of the property with all proposed buildings, points of access, roads, parking areas, septic tank, drainfield, drainfield replacement area, areas to be cut and/or filled, natural features such as contours, streams, gullies, cliffs, etc. ❑ SEPA Checklist (if not exempt per KCC 15.04 or WAC 197-11-800) ❑ Project Narrative responding to Questions 9-11 on the following pages. APPLICATION FEES: Kittitas County Community Development Services (KCCDS) Kittitas County Department of Public Works Kittitas County Fire Marshal $ Total fees due for this application (One check made payable to KCCDS) Application Received By (CDS Staff Signature): FOR STAFF USE ONLY DATE: RECEIPT # DATE STAMP IN BOX COMMUNITY PLANNING • BUILDING INSPECTION • PLAN REvimv • ADMINISTRATION • PERMIT SERVICES • CODE ENFORCEMENT • ARE INVESTIGATION FORM LAST REVISED: 1-12-2011 Page 1 of 3 GENERAL APPLICATION INFORMATION 1. Name, mailing address and day phone of land owner(s) of record: Landowner(s) signature(s) required on application form. Name: Cie Elum Pines East & West LLC Mailing Address: PO BOX 808 City/State/ZIP: Cie Elum WA 98922 Day Time Phone: 509-260-0462 Email Address: pat@patrickdeneen.com 2. Name, mailing address and day phone of authorized agent, if different from landowner of record: If an authorized agent is indicated, then the authorized agent's signature is required for application submittal. Agent Name: Terra Design Group/Chad Bala Mailing Address: PO BOX 686 City/State/ZIP: Cie Elum WA 98922 Day Time Phone: 509-607-0617 Email Address: bala.ce@gmail.com/cbala@terradesigngrot 3. Name, mailing address and day phone of other contact person If different than land owner or authorized agent. Name: Mailing Address: City/State/ZIP: Day Time Phone: Email Address: 4. Street address of property: Address: Reecer Creek Road City/State/ZIP: Ellensburg WA 98926 5. Legal description of property (attach additional sheets as necessary): 6. 7. Tax parcel number: See attached packet Property size: 120 acres 8. Land Use Information: Zoning: Ag -5 Comp Plan Land Use Designation: Rural Residentia Page 2 of 3 PROJECT NARRATIVE (INCLUDE RESPONSES AS AN ATTACHMENT TO THIS APPLICATION) 9. Narrative project description: Please include at minimum the following information in your description: describe project size, location, water supply, sewage disposal and all qualitative features of the proposal; include every element of the proposal in the description. 10. Give specific reasons why this project is suitable for a development agreement. 11. Which development standards set forth in KCC 15A.11.020(5) will be included in this development agreement? AUTHORIZATION 12. Application is hereby made for permit(s) to authorize the activities described herein. I certify that I am familiar with the information contained in this application, and that to the best of my knowledge and belief such information is true, complete, and accurate. I further certify that I possess the authority to undertake the proposed activities. I hereby grant to the agencies to which this application is made, the right to enter the above-described location to inspect the proposed and or completed work. All correspondence and notices will be transmitted to the Land Owner of Record and copies sent to the authorized aizent or contact person, as applicable. Signature of Authorized Agent: Date: (REQUIRED if indicated on application) X Signature of L nd Owner of Record Date: (Requitedfo plication submittal): X Page 3 of 3 DEVELOPMENT AGREEMENT This Development Agreement ("Agreement") is made and entered into this day of , 2015, by the Cle Elum Pines East LLC & Cle Elum Pines West LLC, Washington Limited Liability Companies, hereafter referred to as "Applicant"; and KITTITAS COUNTY, 411 N. Ruby St, Suite 2, Ellensburg WA 98926, hereafter referred to as the "County." This Agreement is made pursuant to the Revised Code of Washington ("RCW') 36.70B.170 and chapter 15A.I I Kittitas County Code. RECITALS A. Chapter 36.70B RCW (the "Development Agreement Statute"), and Chapter 15A.I I Kittitas County Code ("Code") authorize the County to enter into an agreement regarding development of real property located within the County's jurisdiction with all person having an ownership interest in or control of such real property. B. Applicant owns property located in a Portion of the W 1/2 of Section 27, T18N, RI 8E, WM. W.M. accessed off of Reecer Creek Road (the "Property"). The Property is comprised of Tax Parcel Nos. 18-18-27020-0001, 0002, 0003, 0015, 0016, 0017, and is legally described on Exhibit A, attached hereto. C. Applicant provided Kittitas County a complete application for the Palomino Plat as attached hereto as Exhibit H. D. Kittitas County Community Development Services issued a SEPA Mitigated Determination of Non -significance (MDNS) on September 8, 2008 Attached hereto as Exhibit B. E. Kittitas County Hearing Examiner recommended approval for the Palomino Fields preliminary plat (the Project) located on the property identified in Exhibit A. Said Hearing Examiner recommendations, dated October 21, 2008, are attached hereto as Exhibit C F. Kittitas County Board of County Commissioners (BOCC) passed Resolution 2008-160 on November 18, 2008 approving and adopting the Hearing Examiner's recommendations for approved and granting approval of the Palomino Fields preliminary plat (P-07-31). Said Resolution is attached hereto as Exhibit D. G. This Agreement identifies the Development Standards allowed for in Resolution 2008-160 and as further detailed in the Hearing Examiner Recommendations for the Project as shown in Exhibit C. H. The Hearings Examiner recommendations as adopted by the BOCC, states in Exhibit C, on page 10, III Water and Septic, Item C, that the Group A Water System may be developed to serve this plat in phases. I. The Hearings Examiner recommendations as adopted by the BOCC, states in Exhibit C, on page 10, III Water and Septic, Item D, that the Project will be provided sewage treatment through metered Community Septic Systems. There are options provided for Large Onsite Septic System(s) and reclaimed water facilities included in the Hearings Examiner recommendations. J. Kittitas County, as provided for on Exhibit E attached hereto, has granted a one- year extension of the Palomino Fields preliminary plat (P-07-31). K. The Applicant desires and intends to develop and sell the Property in five phases providing for the full development of the one hundred and twenty (120) parcel residential community, as approved under Resolution 2008-160, pursuant to Kittitas County Code 15A.11 and RCW 36.7013, known as Palomino Fields, including but not limited to the following elements: (i) single family attached and detached residences; and (ii) open space areas. Attached hereto as Exhibit F is the preliminary plat map of the foregoing development. Additionally, attached hereto as Exhibit G, is the phasing plan for the development of the Palomino Fields preliminary plat (P-07-31). L. This Agreement establishes that the Phasing Plan, attached hereto as Exhibit G, is consistent with the County's comprehensive plan, zoning and development regulations, and is consistent with existing land use approval of the subject site. M. Applicant desires to construct a model home and operate a real estate sales facility, which will meet the requirements of Washington State Law and operate as a Real Estate Office prior to or commencement with the initial stages of the development. NOW, THEREFORE, in consideration of the recitals (which are incorporated into the Agreement by this reference) and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Applicant agree as follows: AGREEMENT 1. Effective Date and Termination. 1.1 Effective Date. The Effective Date of this Agreement is the last date upon which it was signed by the Parties hereto. 1.2 Term. This Agreement shall be effective for ten (10) years following the date of execution; provided, however, that the term of this Agreement shall be automatically extended for the effective life of any required permit or approval, plus any approved extensions thereof, for the development contemplated herein, so long as a complete application for such permit or approval has been received prior to the expiration date of this Agreement. Upon expiration of such period, or as may be extended above, this Development Agreement shall automatically terminate. Upon the County granting the Final Plat for the last phase of the Project this agreement shall automatically terminate. 1.3 Termination. This Agreement may be terminated, in writing, by mutual agreement of the Parties to this Agreement. 2. Definitions. For purposes of this Agreement, the following terms, phrases, words, and their derivations shall have the meaning given herein where capitalized; words not defined herein shall have their ordinary and common meaning. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and the use of any gender shall be applicable to all genders whenever the sense requires. The words "shall" and "will" are mandatory and the word "may" is permissive. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumber provision. References to laws, ordinances or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances and regulations now in force or hereinafter enacted or amended. 2.1. Agreement. "Agreement" means this Development Agreement between Kittitas County, Washington and Cle Elum Pines East LLC & Cle Elum Pines West LLC, approved by the Board of County Commissioners. 2.2. Applicant. "Applicant" means Cle Elum Pines East LLC & Cle Elum Pines West LLC, a Washington Corporation, or any of its transferees, successors or assigns. 2.3. County. "County" means Kittitas County, Washington. 2.4 Effective Date. "Effective Date" means set forth in Section 1.1 of this Agreement. 2.5 Open Space. "Open Space" means any land that is retained in a natural condition, or that is improved for outdoor recreational uses outside of residential node areas (including but not limited to associated infrastructure such as transmission lines, pumping facilities, and community septic facilities). 2.6 Parties. "Parties" means Kittitas County, Washington and Applicant, Cle Elum Pines East and Cle Elum Pine West, LLCs, a limited liability company (ies). 2.7 Project. "Project" means the Palomino Fields preliminary Plat as approved by the County through Resolution 2008-160 being a one hundred and twenty (120) unit residential community on the Property, including but not limited to: (i) single family attached and detached units and (ii) open space areas. 2.8 Property. "Property" means the site legally described in Exhibit A, attached hereto. 2.9 Utilities. "Utilities" includes, but is not limited to: all (i) storm water and drainage systems, infrastructure and facilities; (ii) community septic systems, infrastructure and facilities as approved by Kittitas County; (iii) dry utilities including power infrastructure and facilities, telecommunication systems, infrastructure and facilities; (iv) Group A domestic water systems; and (v) irrigation infrastructure and facilities. 3. Project Elements. 3.1. Permitted Uses; Any permitted use as allowed by the Kittitas County Zoning Code as the date vested by the applications and as permitted by Resolution 2008- 160 as adopted by Kittitas County Board of County Commissioners on November 18, 2008 and attached hereto as Exhibit D. 3.2. Residential Densities; The Residential Densities for the Palomino Fields plat have been established by Kittitas County through the adoption of Resolution 2008- 160 as adopted by Kittitas County Board of County Commissioners on November 18, 2008 and attached hereto as Exhibit D. The preliminary plat map, attached hereto as Exhibit F, shows the Residential Densities established for the Palomino Fields plat by said resolution. Barns, outbuildings, garages, shops and the like are allowed within the Palomino Fields Plat. 3.3. Nonresidential Densities and Intensities; The Non -Residential Densities and Intensities for the Palomino Fields plat have been established by Kittitas County through the adoption of Resolution 2008-160 as adopted by Kittitas County Board of County Commissioners on November 18, 2008 and attached hereto as Exhibit D. The preliminary plat map, attached hereto as Exhibit F, shows the Non -Residential Densities and Intensities established for the Palomino Fields plat by said resolution. Barns, outbuildings, garages, shops and the like are allowed within the Palomino Fields Plat. 3.4. Building Sizes; Individual residential buildings shall not exceed 6,500 square feet. Barns, outbuildings, garages, shops and the like are allowed within the Palomino Fields Plat. 4. Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW; The Palomino Fields plat shall meet the mitigation requirements as provided for in the SEPA Mitigated Determination of Non -significance (MDNS) issued on September 8, 2008 by Kittitas County and attached hereto as Exhibit B and those requirements for the Palomino Fields plat as proved for in Kittitas County Resolution 2008-160 as adopted by Kittitas County Board of County Commissioners on November 18, 2008 and attached hereto as Exhibit D. 5. Design Standards. 5.1. Drainage and Water quality requirements; The owner of each parcel shall be responsible to meet Eastern Washington Storm Water guidelines requirements as established for the Palomino Fields plat as it pertains to that individual parcel. Road drainage shall meet the Eastern Washington Storm Water guidelines. 5.2. Landscaping; The areas not containing residential structures and driveways may be landscaped with grasses, trees and other plants that do not require irrigation water that would exceed the irrigation allotment for the individual parcel. 5.3. Other Development Features; There may be an entry monument placed at the entry to the Palomino Fields plat. Other development features may be developed within the plat that are homogenous with residential development. 6. Road and sidewalk standards; Bowers Road shall be a public road that is extended into the plat. The Bowers Road extension shall meet Kittitas County Public Road Standards with said extension design being approved by Kittitas County. Internal roads may be developed as public or private roads as allowed by the Kittitas County Road Standards. All internal roads shall be designed and constructed to Kittitas County Road Standards. Sidewalks are not required within the Palomino Fields plat and will not be constructed. 7. Affordable housing; Affordable housing is not required nor will it be provided with in the Palomino Fields plat. 8. Infrastructure requirements; 8.1. Domestic Water. Group A water systems, as defined by the WAC 246- 294-010, include systems having 15 or more connections. Phase 1 of the Palomino Fields Plat, shall be served by a Group A water system per the statutory requirements and as approved by the Washington State Department of Health. The water system will be constructed in phases commensurate with the phased development as shown on Exhibit G attached hereto. 8.2. Irrigation Water. The first 8 lots of Phase 1, shall be provided irrigation water by Cascade Irrigation District. All other phases shall be provided irrigation by the Ellensburg Water Company. The irrigation distribution system shall be owned privately and the design, maintenance and operation of said irrigation distribution system shall be approved by the district or company providing the irrigation water or, if the district does not have an approval process, designed by an engineer licensed in the State of Washington. The irrigation system will be constructed in phases commensurate with the phased development as shown on Exhibit G attached hereto. 8.3. Sewage Disposal. Sewage disposal shall be by Community Septic Systems, which may serve two to seven parcels as, designed by a licensed designer and approved by Kittitas County. The Community Septic Systems will be constructed in phases commensurate with the phased development as shown on Exhibit G attached hereto. The Community Septic Systems will not be required to be developed prior to final platting of each or any phase but may be constructed simultaneously with buildings as permitted by the Kittitas County building department. Prior to receiving Occupancy Permit for any building constructed the community septic system shall be completed. 8.4. Storm drainage. The owner of each parcel shall be responsible to meet the Eastern Washington Storm Water guidelines requirements as established for the Palomino Fields plat as it pertains to that individual parcel. Road drainage shall meet the Eastern Washington Storm Water guidelines. Applicant shall development the Palomino Fields plat in accordance with a storm water permit as issued by the Washington State Department of Ecology. Fire Protection. Sprinklers located in each residence will provide fire Protection. Neither system wide storage tanks nor fire hydrants are required for the Project. 8.5. Other Infrastructure Requirements. Utilities including but not limited to dry utilities such as power, phone and internet shall be provided to the property line of each parcel. 9. Parks and open space preservation. The Parks and open space preservation for the Palomino Fields plat have been established by Kittitas County through the adoption of Resolution 2008-160 as adopted by Kittitas County Board of County Commissioners on November 18, 2008 and attached hereto as Exhibit D. 10. Phasing. The project will be constructed and receive final plat approval in individual Phases. The description of the Phasing plan is provided in Exhibit G. 11. Development review processes, procedures and standards for implementing decisions, including methods of reimbursement to the county for review processes; 11. 1. Standards For Implementing Decisions. Kittitas County shall base its decisions on the Kittitas County Code and implement said decisions on Ordinance as further defined and modified by this document. 11.2. Plat Application. The County has processed a plat application, and approved the Palomino Fields Plat pursuant to Resolution 2008-160. 11.3. Permit Applications. The County has reviewed, process and issued a decision on the Project development permit applications including preliminary plat, and SEPA review. 11.4. Engineering. The county will review and approve engineering designs of Road(s) and other eliminates with in the county right of way on roads to be taken on to the county public road system pursuant to the Kittitas County Code. Private roads will be constructed to the Kittitas County Private Road Standards. 11.5. The County will review and issue a grading permit pursuant to the Kittitas County Code. 11.6. Reimbursement To The County For Review Processes. Applicant has paid all applicable permit fees to the County and no additional fees are due the County. Applicant will pay recording costs for Final Platting Documents. Applicant will pay, pursuant to the fee structure adopted by Kittitas County, any other fees required to achieve final plat approval for each phase of the plat. 11.7. State Environmental Policy Act Review. As part of the Palomino Fields Plat approval process, the County issued a mitigated threshold decision pursuant to chapter 43.21C RC W.. 11.8. Access. Access will be established from Reecer Creek Road along the North boundary line of the property by means of a new County right-of-way established from Reecer Creek Road in alignment with the existing Bowers Road. 11.9. Legal Structure of Project. At the conclusion of the development of the Palomino Fields community a Homeowner Association will be created to govern residential areas, community facilities, storm water facilities, and road improvements within residential nodes, and open space. The Group A water system shall be owned, operated and maintained by a entity established, owned and operated by a designate of the Applicant. Said designate shall establish operation procedures and rates as may approved by the Washington State authorities having jurisdiction if and when required by state law. 11.10. Design Review. Design Review shall be provided for under a Declaration of Covenants, Conditions and Restrictions ("CC&Rs"). Design Review shall be determined by Applicant and shall be consistent with applicable Kittitas County Code. The Design Review provisions shall include standards for home design, materials, methods and construction, including but not limited to siting for wind and solar considerations, siting for view considerations, setbacks and height restriction. After the expiration of this Agreement, the Homeowner Association, if established, may have the right to adopt further Design Review restrictions as may be permitted consistent with the CC&Rs, Bylaws and Articles of Incorporation. 12. A Build -out or Vesting Period for Applicable Development Standards. The Applicant may construct one or more Phase(s) of the project per building season. The Project is anticipated to be completed within 5 years as described in Exhibit G. 13. Process for amending the development agreement. This agreement may be amended by mutual consent of all of the parties to this agreement. 14. Any Other Appropriate Development Requirement(s) or Procedure. Developer may further improve the property within Development Requirement(s) or Procedure the Developer establishes that are homogenous with residential development. 15. Applicant, or a designate of the Applicant, may construct a model home or real estate sales facility to be operated as a real estate sales office prior to or commencement with the initial stages of the development. Said facility shall be required to be operated under the laws of the state of Washington as a Real Estate Branch office and be licensed as same. 16. Miscellaneous and General Provisions. 16.1. Governing Law. This Agreement shall be governed by the laws of the State of Washington and the Kittitas County Codes as vested by the Palomino Fields application. Each party represents it has the respective power and authority and is duly authorized to sign and perform its obligations under this Agreement. The parties intend this Agreement to be interpreted to the full extent authorized by law as an exercise of the County's authority to enter into development agreements. Neither this Agreement nor any provision hereof may be waived, modified, amended or terminated except by a written agreement of the parties hereto. 16.2. Successors. This Agreement and the rights set forth herein run with the land and shall be binding upon and inure to the benefit of the County and the successor owners and assigns of the Development Site. 16.3. Enforcement. Any party to this Agreement may enforce the terms of this Agreement. No party shall be in default under this Agreement unless it has failed to perform for a period of twenty-one (21) days after written notice of default from the other party. (In some instances the performance period may be extended to allow a reasonable time period to cure the default.) Any notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily. All parties to this agreement shall have all rights and remedies provided by law. 16.4. Notices. All notices or other communications under this Agreement shall be delivered to the addresses after each signature. Notices shall be in writing and either; (i) delivered personally, (ii) sent by facsimile transmission with an additional copy mailed first class, (iii) deposited in the U.S. Mail with certified mail postage prepaid and return receipt requested, or (iv) delivered by nationally recognized overnight delivery service with signature required. Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mail, notice shall be deemed delivered seventy-two (72) hours after deposit. If sent by overnight delivery, notice shall be deemed delivered forty-eight (48) hours after deposit. 16.5. Counterparts and Recording. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Pursuant to RCW 36.7013.190, this Agreement or memorandum thereof shall be recorded with the Kittitas County Auditor and during the term of this Agreement shall be binding on the parties, their successors and assigns. IN WITNESS THEREOF, this Agreement is effective on the date of the last signature below. KITTITAS COUNTY By Name: Commissioner Dated: Approved as to form: Name Kittitas County Prosecuting Dated: Cle Elum Pines East LLC & Cle Elum Pines West LLC By Its: Dated: STATE OF WASHINGTON) COUNTY OF KITTITAS ) Attorney WN I certify that I know or have satisfactory evidence that Patrick Deneen is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it as the Manger of Cle Elum Pines East LLC & Cle Elum Pines West LLC to be his/her free and voluntary act for the purposes mentioned in the instrument. (Print Notary Public, Residing at My appointment expires Name) T)R- I c-)- 06M ) TITAS COUNTY COMMUNITY LJEVELOPMENT SERVICES "Building Partnerships — Building Communities" 411 N. Ruby St., Suite 2, Ellensburg, WA 98926 CDS @ CO.KITPITAS.wA.US Office (509) 962-7506 Fax (509) 962-7682 DEVELOPMENT AGREEMENT (A legislative action allowing different or additional development regulation per KCC 15A.11) A preapplication conference is encouraged for this permit. The more information the County has early in the development process, the easier it is to identify and work through issues and conduct an efficient review. To schedule a preapplication conference, complete and submit a Preapplication Conference Scheduling Fornt to CDS. Notes or suniinaries from preapplication conference should be included with this application. Please type or print clearly in ink. Attach additional sheets as necessary. Pursuant to KCC 15A.03.040, a complete application is determined within 28 days of receipt of the application submittal packet and fee. The following items must be attached to the application packet. WHEN IS A DEVELOPMENT AGREEMENT USED? A development agreement is a typically used for large, complex, or phased projects, or projects which were not contemplated by existing development regulations or application procedures. A development agreement may include provisions which are different or in addition to other county development regulations, as long as impacts are mitigation. Procedures are described in detail in Chapter 15A.11. The County shall only approve a development agreement by ordinance or resolution after a public hearing. The hearing shall be before the Board of County Commissioners, unless otherwise assigned. REQUIRED ATTACHMENTS ❑ Site plan of the property with all proposed buildings, points of access, roads, parking areas, septic tank, drainfield, drainfield replacement area, areas to be cut and/or filled, natural features such as contours, streams, gullies, cliffs, etc. ❑ SEPA Checklist (if not exempt per KCC 15.04 or WAC 197-11-800) ❑ Project Narrative responding to Questions 9-11 on the following pages. APPLICATION FEES: Mttitas County Community Development Services (KCCDS) Kittitas County Department of Public Works Kittitas County Fire Marshal $ Total fees due for this application (One check made payable to KCCDS) FOR STAFF USE ONLY Applicatio ec ive By (CDS Staff Signature): D L : RECD -, # QCT 0 6 20;5 KITTITAS rni rr, UATF, gTAMP YN RC COMMUNITY PLANNING - BUILDING INSPECTION • PLAN REVIEW • ADMINISTRATION • PERMIT SERVICES • CODE ENFORCEMENT •FIRE INVESTIGATION \ FORM LAST REVISED: 1-12-2011 Page 1 of 3 1. GENERAL APPLICATION INFORMATION Name, mailing address and day phone of land owner(s) of record: Landowner(s) signature(s) required on application form. Name: Cie Elum Pines East LLC Mailing Address: PO BOX 808 City/State/ZIP: Cie Elum WA 98922 Day Time Phone: 509-260-0462 pat@patrickdeneen.com Email Address: 2. Name, mailing address and day phone of authorized agent, if different from landowner of record: If an authorized agent is indicated, then the authorized agent's signature is required for application submittal. Agent Name: Terra Design Group/Chad Bala Mailing Address: PO BOC 686 City/State/ZIP: Cie Elum WA 98922 Day Time Phone: 509-607-0617 Email Address: bala.ce@gmail.com/cbala@terradesigngrot 3. Name, mailing address and day phone of other contact person If different than laid owner or authorized agent. Name: Mailing Address: City/State/ZIP: Day Time Phone: Email Address: 4. Street address of property: Address: Reecer Creek Road City/State/ZIP: Ellensburg WA 98926 5. Legal description of property (attach additional sheets as necessary): 7 S. Tax parcel number: See Attached packet Property size: 120 acres Land Use Information: Zoning: AG -5 Comp Plan Land Use Designation: Rural Residential Page 2 of 3 PROJECT NARRATIVE (INCLUDE RESPONSES AS AN ATTACHMENT TO THIS APPLICATION) 9. Narrative project description: Please include at minimum the following information in your description: describe project size, location, water supply, sewage disposal and all qualitative features of the proposal; include every element of the proposal in the description. S6E 't>Aci--F 10. Give specific reasons why this project is suitable for a development agreement. 11. Which development standards set forth in KCC 15A.11.020(5) will be included in this development agreement? AUTHORIZATION 12. Application is hereby made for permit(s) to authorize the activities described herein. I certify that I am familiar with the information contained in this application, and that to the best of my knowledge and belief such information is true, complete, and accurate. I further certify that I possess the authority to undertake the proposed activities. I hereby grant to the agencies to which this application is made, the right to enter the above-described location to inspect the proposed and or completed work. All correspondence and notices will be transmitted to the Land Owner of Record and copies sent to the authorized aizent or contact person, as applicable. Signature of Authorized Agent: ( IRED_if Indic on ap ' ation) Signature of Land Owner of Record (Required for application submittal): Date: /o ._ 6 -- J5 Date: Page 3 of 3 it I� t� DEVELOPMENT AGREEMENTJI This Development Agreement ("Agreement") is made and entered into this----- day his-day of , 2015, by the Cie Elum Pines East LLC & Cie Elum Pines West LLC, Washington Limited Liability Companies, hereafter referred to as "Applicant"; and KITTITAS COUNTY, 411 N. Ruby St, Suite 2, Ellensburg WA 98926, hereafter referred to as the "County." This Agreement is made pursuant to the Revised Code of Washington ("RCW") 36.70B.170 and chapter 15A.11 Kittitas County Code. RECITALS A. Chapter 36.70B RCW (the "Development Agreement Statute"), and Chapter 15A.11 Kittitas County Code ("Code") authorize the County to enter into an agreement regarding development of real property located within the County's jurisdiction with all person having an ownership interest in or control of such real property. B. Applicant owns property located in a Portion of the W 1/2 of Section 27, T18N, R18E, WM. W.M., accessed off of Reecer Creek Road (the "Property"). The Property is comprised of Tax Parcel Nos. 18-18-27020-0001, 0002, 0003, 0015, 0016, 0017, and is legally described on Exhibit A, attached hereto. C. Applicant provided Kittitas County a complete application for the Palomino Plat as attached hereto as Exhibit H. D. Kittitas County Community Development Services issued a SEPA Mitigated Determination of Non -significance (MDNS) on September 8, 2008 Attached hereto as Exhibit B. E. Kittitas County Hearing Examiner recommended approval for the Palomino Fields preliminary plat (the Project) located on the property identified in Exhibit A. Said Hearing Examiner recommendations, dated October 21, 2008, are attached hereto as Exhibit C F. Kittitas County Board of County Commissioners (BOCC) passed Resolution 2008-160 on November 18, 2008 approving and adopting the Hearing Examiner's recommendations for approved and granting approval of the Palomino Fields preliminary plat (P-07-31). Said Resolution is attached hereto as Exhibit D. G. This Agreement identifies the Development Standards allowed for in Resolution 2008-160 and as further detailed in the Hearing Examiner Recommendations for the Project as shown in Exhibit C. H. The Hearings Examiner recommendations as adopted by the BOCC, states in Exhibit C, on page 10, III Water and Septic, Item C, that the Group A Water System may be developed to serve this plat in phases. I. The Hearings Examiner recommendations as adopted by the BOCC, states in Exhibit C, on page 10, III Water and Septic, Item D, that the Project will be provided sewage treatment through metered Community Septic Systems. There are options provided for Large Onsite Septic System(s) and reclaimed water facilities included in the Hearings Examiner recommendations. J. Kittitas County, as provided for on Exhibit E attached hereto, has granted a one-year extension of the Palomino Fields preliminary plat (P-07-31). K. The Applicant desires and intends to develop and sell the Property in three Stages with each Stage consisting of one or more phases providing for the full development of a one hundred and twenty (120) parcel residential community, as approved under Ordinance 2008-160, pursuant to Kittitas County Code 15A.11 and RCW 36.70B, known as Palomino Fields, including but not limited to the following elements: (i) single family attached and detached residences; and (ii) open space areas. Attached hereto as Exhibit F is the preliminary plat map of the foregoing development. Additionally, attached hereto as Exhibit G, is the phasing plan for the development of the Palomino Fields preliminary plat (P-07-31). L. This Agreement establishes that the Phasing Plan, attached hereto as Exhibit G, is consistent with the County's comprehensive plan, zoning and development regulations, and is consistent with existing land use approval of the subject site. M. Applicant desires to construct a model home and operate a real estate sales facility which will meet the requirements of Washington State Law and operate as a Real Estate Office prior to or commencement with the initial stages of the development. NOW, THEREFORE, in consideration of the recitals (which are incorporated into the Agreement by this reference) and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Applicant agree as follows: AGREEMENT 1. Effective Date and Termination. 1.1 Effective Date. The Effective Date of this Agreement is the last date upon which it was signed by the Parties hereto. _ 1.2 Term. This Agreement shall be effective for twe .ty (20� years SLG; following the date of execution; provided, however, that the erre o this Agreement shall be automatically extended for the effective life of any required permit or approval, plus any approved extensions thereof, for the development contemplated herein, so long as a complete application for such permit or approval has been received prior to the expiration date of this Agreement. Upon expiration of such period, or as may be extended above, this Development Agreement shall automatically terminate. Upon the County granting the Final Plat for the last phase of the Project this agreement shall automatically terminate. 1.3 Termination. This Agreement may be terminated, in writing, by mutual agreement of the Parties to this Agreement. 2. Definitions. For purposes of this Agreement, the following terms, phrases, words, and their derivations shall have the meaning given herein where capitalized; words not defined herein shall have their ordinary and common meaning. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and the use of any gender shall be applicable to all genders whenever the sense requires. The words "shall" and "will" are mandatory and the word "may" is permissive. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumber provision. References to laws, ordinances or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances and regulations now in force or hereinafter enacted or amended. 2.1. Agreement. "Agreement" means this Development Agreement between Kittitas County, Washington and Cle Elum Pines East LLC & Cle Elum Pines West LLC, approved by the Board of County Commissioners. 2.2. Applicant. "Applicant" means Cle Elum Plnes East LLC & Cle Elum Pines West LLC, a Washington corporation, or any of its transferees, successors or assigns. 2.3. County. "County" means Kittitas County, Washington. 2.4 Effective Date. "Effective Date" means set forth in Section 1.1 of this Agreement. 2.5 Open Space. "Open Space" means any land that is retained in a natural condition, or that is improved for outdoor recreational uses outside of residential node areas (including but not limited to associated infrastructure such as transmission lines, pumping facilities, and community septic facilities). 2.6 Parties. "Parties" means Kittitas County, Washington and Applicant, Cle Elum Pines East and Cle Elum Pine West, LLCs, a limited liability company(ies). 2.7 Project. "Project" means the Palomino Fields preliminary Plat as approved by the County through Resolution 2008-160 being a one hundred and twenty (120) unit residential community on the Property, including but not limited to: (i) single family attached and detached units and (ii) open space areas. 2.8 Property. "Property" means the site legally described in Exhibit A, attached hereto. 2.9 Utilities. "Utilities" includes, but is not limited to: all (i) storm water and drainage systems, infrastructure and facilities; (ii) community septic systems, infrastructure and facilities as approved by Kittitas County; (iii) dry utilities including power infrastructure and facilities, telecommunication systems, infrastructure and facilities; (iv) domestic water systems including the initial Group B system and the Final Group A system; and (v) irrigation infrastructure and facilities. 3. Project Elements. 3.1. Permitted Uses; Any permitted use as allowed by the Kittitas County Zoning Code as the date vested by the applications and as permitted by Resolution 2008-160 as adopted by Kittitas County Board of County Commissioners on November 18, 2008 and attached hereto as Exhibit D. 3.2. Residential Densities; The Residential Densities for the Palomino Fields plat have been established by Kittitas County through the adoption of Resolution 2008-160 as adopted by Kittitas County Board of County Commissioners on November 18, 2008 and attached hereto as Exhibit D. The preliminary plat map, attached hereto as Exhibit F, shows the Residential Densities established for the Palomino Fields plat by said resolution. Barns, outbuildings, garages, shops and the like are allowed within the Palomino Fields Plat. 3.3. Nonresidential Densities and Intensities; The Non -Residential Densities and Intensities for the Palomino Fields plat have been established by Kittitas County through the adoption of Resolution 2008-160 as adopted by Kittitas County Board of County Commissioners on November 18, 2008 and attached hereto as Exhibit D. The preliminary plat map, attached hereto as Exhibit F, shows the Non -Residential Densities and Intensities established for the Palomino Fields plat by said resolution. Barns, outbuildings, garages, shops and the like are allowed within the Palomino Fields Plat. 3.4. Building Sizes; Individual residential buildings shall not exceed 6,500 square feet. Barns, outbuildings, garages, shops and the like are allowed within the Palomino Fields Plat. 4. Mitigation measures, development conditions, and other requirements under Chapter 43.21 C RCW; The Palomino Fields plat shall meet the mitigation requirements as provided for in the SEPA Mitigated Determination of Non- significance (MDNS) issued on September 8, 2008 by Kittitas County and attached hereto as Exhibit B and those requirements for the Palomino Fields plat as proved for in Kittitas County Resolution 2008-160 as adopted by Kittitas County Board of County Commissioners on November 18, 2008 and attached hereto as Exhibit D. 5. Design Standards. 5.1. Maximum Heights; The maximum height of any building within the Palomino Fields plat shall not exceed forty (40) feet. 5.2. Setbacks; Front and back yard setbacks shall be a minimum of ten (10) feet. Side yard setbacks shall be a minimum of five (5) feet. `1;�►;�,=� �� 5.3. Drainage and Water quality requirements; The owner of each parcel shall be responsible to meet Eastern Washington Storm Water guidelines �k�i1 I �y , l�K requirements as established for the Palomino Fields plat as it pertains to that tv individual parcel. Road drainage shall meet the Eastern Washington Storm Water guidelines. 5.4. Landscaping; The areas not containing residential structures and driveways may be landscaped with grasses, trees and other plants that do not require irrigation water that would exceed the irrigation allotment for the individual parcel. 5.5. Other Development Features; There may be an entry monument placed at the entry to the Palomino Fields plat. Other development features may be developed within the plat that are homogenous with residential development. 6. Road and sidewalk standards; Bowers road shall be a public road that is extended into the plat. The Bowers road extension shall meet Kittitas County Public Road Standards with said extension design being approved by Kittitas County. Internal roads may be developed as public or private roads as allowed by the Kittitas County Road Standards. All internal roads shall be designed and constructed to Kittitas County Road Standards. Sidewalks are not required within the Palomino Fields plat and will not be constructed. 7. Affordable housing; Affordable housing is not required nor will it be provided with in the Palomino Fields plat. 8. Infrastructure requirements; 8.1. Domestic Water. Group A water systems, as defined by the WAC 246-294-010, include systems having 15 or more connections while Group B systems include systems having 14 or less connections. Stage 1 Phase 1 of the Palomino Fields Plat, an eight (8) lot Plat, which is isolated on the east side of the Ellensburg Water Company Canal, shall be developed as a Group B water system as approved by the Kittitas County Health Department. Stage 2 Phase 1 v` and all other Stages and Phases of the Palomino Fields Plat shall be developed U 7 as a Group A water system as approved by the Washington State Health �i U,14 Department. Stage 1 Phase 1 may be absorbed into the Group A water System ��? [-t't'' upon the final platting of Stage 2 Phase 1. The water system will be constructed in phases commensurate with the phased development as shown on Exhibit G attached hereto. 8.2. Irrigation Water. Irrigation water for the Project, for Stage 1, shall be provided by the Cascade Irrigation District Canal. Stages 2 and 3 shall be provided irrigation by the Ellensburg Water Company. The irrigation distribution system shall be owned privately and the design, maintenance and operation of said irrigation distribution system shall be approved by the district or company providing the irrigation water or, if the district does not have an approval process, designed by a engineer licensed in the State of Washington. The irrigation system will be constructed in phases commensurate with the phased development as shown on Exhibit G attached hereto. 8.3. Sewage Disposal. Sewage disposal shall be by Community Septic Systems which may serve two to seven parcels as designed by a licensed designer and approved by Kittitas County. The Community Septic Systems will be constructed in phases commensurate with the phased development as shown on Exhibit G attached hereto. 8.4. Storm drainage. The owner of each parcel shall be responsible to meet the Eastern Washington Storm Water guidelines requirements as established for the Palomino Fields plat as it pertains to that individual parcel. Road drainage shall meet the Eastern Washington Storm Water guidelines. Applicant shall development the Palomino Fields plat in accordance with a storm water permit as issued by the Washington State Department of Ecology. Fire Protection. Sprinklers located in each residence will provide fire Protection. Neither system wide storage tanks nor fire hydrants are required for the Project. 8.5. Other Infrastructure Requirements. Utilities including but not limited to dry utilities such as power, phone and internet shall be provided to the property line of each parcel. 9. Parks and open space preservation. The Parks and open space preservation for the Palomino Fields plat have been established by Kittitas County through the adoption of Resolution 2008-160 as adopted by Kittitas County Board of County Commissioners on November 18, 2008 and attached hereto as Exhibit D. 10. Phasing. The project will be constructed and receive final plat approval in individual Phases. The description of the Phasing plan is provided in Exhibit G and attachments to said Exhibit. 11. Development review processes, procedures and standards for implementing decisions, including methods of reimbursement to the county for review processes; 11.1. Standards For Implementing Decisions. Kittitas County shall base its decisions on the Kittitas County Code and implement said decisions on Ordinance as further defined and modified by this document. 11.2. Plat Application. The County has processed a plat application, and approved the Palomino Fields Plat pursuant to Ordinance 2008-160. 11.3. Permit Applications. The County has reviewed, process and issued a decision on the Project development permit applications including preliminary plat, and SEPA review. 11.4. Engineering. The county will review and approve engineering designs of Road(s) and other eliminates with in the county right of way on roads to be taken on to the county public road system pursuant to the Kittitas County Code. Private roads will be constructed to the Kittitas County Private Road Standards. 11.5. The County will review and issue a grading permit pursuant to the Kittitas County Code. 11.6. Reimbursement To The County For Review Processes. Applicant v has paid all applicable permit fees to the County and no additional fees are due the County. Applicant will pay recording costs for Final Platting Documents. Applicant will pay, pursuant to the fee structure adopted by Kittitas County, any Va Cr�' d� other fees required to achieve final plat approval for each phase of the plat. 11.7. State Environmental Policy Act Review. As part of the Palomino IAS Fields Plat approval process, the County issued a mitigated threshold decision pursuant to chapter 43.21 C RCW.. 11.8. Access. Access will be established from Reecer Creek Road along the North boundary line of the property by means of a new County right-of-way established from Reecer Creek Road in alignment with the existing Bowers Road. 11.9. Legal Structure of Project. At the conclusion of the development of the Palomino Fields community a Homeowner Association will be created to govern residential areas, community facilities, storm water facilities, and road improvements within residential nodes, and open space. The Group A and Group B water systems shall be owned, operated and maintained by a entity established, owned and operate by a designate of the Applicant. Said designate shall establish operation procedures and rates as may approved by the Washington State authorities having jurisdiction if and when required by state law. 11. 10. Design Review. Design Review shall be provided for under a Declaration of Covenants, Conditions and Restrictions ("CC&Rs"). Design Review shall be determined by Applicant and shall be consistent with applicable Kittitas County Code. The Design Review provisions shall include standards for home design, materials, methods and construction, including but not limited to siting for wind and solar considerations, siting for view considerations, setbacks and height restriction. After the expiration of this Agreement, the Homeowner Association, if established, may have the right to adopt further Design Review restrictions as may be permitted consistent with the CC&Rs, Bylaws and Articles of Incorporation. 12. A Build -out or Vesting Period for Applicable Development Standards. The Applicant may construct one or more Phase(s) of the project per building season. The Project is projected to be completed within 20 years. The Build -out and vesting period is established as 25 years as is further described in Exhibit G 13. Process for amending the development agreement. This agreement may be amended by mutual consent of all of the parties to this agreement. 14. Any Other Appropriate Development Requirement(s) or Procedure. Developer may further improve the property within Development Requirement(s) or Procedure the Developer establishes that are homogenous with residential development. 15. Applicant, or a designate of the Applicant, may construct a model home or real estate sales facility to be operated as a real estate sales office prior to or commencement with the initial stages of the development. Said facility shall be required to be operated under the laws of the state of Washington as a Real Estate Branch office and be licensed as same. 16. Miscellaneous and General Provisions. 16.1. Governing Law. This Agreement shall be governed by the laws of the State of Washington and the Kittitas County Codes as vested by the Palomino Fields application. Each party represents it has the respective power and authority and is duly authorized to sign and perform its obligations under this Agreement. The parties intend this Agreement to be interpreted to the full extent authorized by law as an exercise of the County's authority to enter into development agreements. Neither this Agreement nor any provision hereof may be waived, modified, amended or terminated except by a written agreement of the parties hereto. 16.2. Successors. This Agreement and the rights set forth herein run with the land and shall be binding upon and inure to the benefit of the County and the successor owners and assigns of the Development Site. 16.3. Enforcement. Any party to this Agreement may enforce the terms of this Agreement. No party shall be in default under this Agreement unless it has failed to perform for a period of twenty one (21) days after written notice of default from the other party. (In some instances the performance period may be extended to allow a reasonable time period to cure the default.) Any notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily. All parties to this agreement shall have all rights and remedies provided by law. 16.4. Notices. All notices or other communications under this Agreement shall be delivered to the addresses after each signature. Notices shall be in writing and either; (i) delivered personally, (ii) sent by facsimile transmission with an additional copy mailed first class, (iii) deposited in the U.S. Mail with certified mail postage prepaid and return receipt requested, or (iv) delivered by nationally recognized overnight delivery service with signature required. Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mail, notice shall be deemed delivered seventy-two (72) hours after deposit. If sent by overnight delivery, notice shall be deemed delivered forty eight (48) hours after deposit. 16.5. Counterparts and Recording. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Pursuant to RCW 36.70B.190, this Agreement or memorandum thereof shall be recorded with the Kittitas County Auditor and during the term of this Agreement shall be binding on the parties, their successors and assigns. IN WITNESS THEREOF, this Agreement is effective on the date of the last signature below. KITTITAS COUNTY Approved as to form: By By Name: Name Commissioner Kittitas County Prosecuting Attorney Dated: Dated: Cie Elum Pines East LLC & Cie Elum Pines West LLC By Its: Dated: STATE OF WASHINGTON ) ss. COUNTY OF KITTITAS ) I certify that I know or have satisfactory evidence that Patrick Deneen is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it as the Manger of Cie Elum Pines East LLC & Cie Elum Pines West LLC to be his/her free and voluntary act for the purposes mentioned in the instrument. (Print Notary Public, Residing at My appointment expires Name)