HomeMy WebLinkAboutLP-21-00002 Suncadia Ph. 3 Div 17 Tumble Creek - Master File (Indexed)Index #1
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From:Kelly Bacon (CD)
To:steve@lwhsd.com
Subject:LP-21-00002 Suncadia Ph 3 Div 17 Tumble Creek
Date:Thursday, August 19, 2021 9:44:06 AM
Good morning Steve,
I am working on the above referenced Long Plat application. I have searched the documentation
numerous times and have been unable to locate the project narrative. Could you please provide a
copy of the document for the record?
Thank you,
Kelly Bacon
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
Index #13
From:Kelly Bacon (CD)
To:lwedin@suncadia.com
Cc:Steve Lathrop
Subject:LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Deemed Complete
Date:Friday, August 20, 2021 1:30:32 PM
Attachments:LP-20-00004 Suncadia Ph 2 Div 17 Tumble Creek - Deemed Complete.pdf
Good afternoon,
Attached please find correspondence in regards to the above mentioned preliminary plat
application. A hard copy of the letter has been placed in the mail. Please contact me directly with
any questions.
Thank you,
Kelly Bacon
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
Index #14
COMMUNITY PLANNING BUILDING INSPECTION PLAN REVIEW ADMINISTRATION PERMIT SERVICES CODE ENFORCEMENT FIRE INVESTIGATION
KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES
411 N. Ruby St., Suite 2, Ellensburg, WA 98926
CDS@CO.KITTITAS.WA.US
Office (509) 962-7506
“Building Partnerships – Building Communities”
August 20, 2021
New Suncadia, LLC
% Lathan Wedin
770 Suncadia Trail
Cle Elum, WA 98922
lwedin@suncadia.com
RE: Suncadia Phase 3 Division 17 Tumble Creek Preliminary Plat (LP-21-00002), and Site Development Plan –
Deem Complete
Dear Applicant,
The application packet for an 80 detached vacation homesites plat with associated Roadways,
Community/Recreational Open Space, and Other Natural Open Space on approximately 620.11 acres of land that
is zoned Master Planned Resort, located in Kittitas County, Assessor’s map number 20-14-15000-0005 was
received on August 10, 2021. Your application (application packet) has been determined complete as of August
20, 2021. Processing of your application packet will be consistent with the processing procedures pursuant to the
Seventh Amendment of the Suncadia Development Agreement (DA).
In accordance with the provisions of KCC 15A.030.060 and the DA, the following will occur:
1. A Notice of Application will be sent to the public (adjacent landowners), Kittitas County departments,
and non-County governmental agencies inviting written comments on this proposal once the additional
requested info is received.
2. The consideration of written comments from adjacent property owners and public agencies will be
incorporated in the staff report.
3. As requested by the County, additional materials and/or revised preliminary plat drawings may be
required before this matter is brought before the Board of County Commissioners.
4. An administrative determination will be made regarding the Site Development Plan
5. An open record hearing will be scheduled before the Kittitas County Board of Commissioners pursuant to
the DA where public testimony may be given and a final decision will be made.
If you have any questions regarding this matter, please contact me at (509) 962-7539, or by e-mail at
kelly.bacon.cd@co.kittitas.wa.us.
Sincerely,
Kelly Bacon
Planner I
Cc: F. Steve Lathrop, Authorized Agent via email
Index #14
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From:Kelly Bacon (CD)
To:lwedin@suncadia.com; Steve Lathrop
Subject:LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Request for Informtion
Date:Friday, August 27, 2021 10:59:52 AM
Good morning,
We have received a request for additional information from a commenting agency in order for them
to complete their review and provide comments. Please provide the following:
Documentation accounting for existing and all proposed connections to confirm sufficient
water system capacity.
Thank you,
Kelly Bacon
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
Index #16
From:Kelly Bacon (CD)
To:Mau, Russell E (DOH)
Cc:DOH EPH DW ERO ADMIN; Smits, Brenda M (DOH); Holly Erdman
Subject:RE: LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Notice of Application; Suncadia Resort, AA317E,
Kittitas County
Date:Friday, August 27, 2021 3:41:01 PM
Attachments:Suncadia Water and Sewer Availability WFI P3D17.pdf
Good afternoon Russel,
Please find Suncadia’s response to your request for documentation accounting for existing and all
proposed connections.
Please let me know if there are any additional questions.
Thank you,
Kelly Bacon
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
From: Mau, Russell E (DOH) <Russell.Mau@DOH.WA.GOV>
Sent: Friday, August 27, 2021 8:10 AM
To: Kelly Bacon (CD) <kelly.bacon.cd@co.kittitas.wa.us>
Cc: DOH EPH DW ERO ADMIN <EROADMIN@DOH.WA.GOV>; Smits, Brenda M (DOH)
<brenda.smits@doh.wa.gov>; Holly Erdman <Holly.erdman@co.kittitas.wa.us>
Subject: RE: LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Notice of Application;
Suncadia Resort, AA317E, Kittitas County
CAUTION: This email originated from outside the Kittitas County network. Do not click links,
open attachments, fulfill requests, or follow guidance unless you recognize the sender and
have verified the content is safe.
Kelly:
The Department of Health (DOH) Office of Drinking Water (ODW) has the same type of comment for
this Suncadia proposal as for other, recent Suncadia development proposals:
Over the past couple years, Suncadia has submitted a large number of additional connections
Index #17
that are all in various stages of development and construction – DOH needs Suncadia to
submit documentation accounting for existing and ALL proposed connections, so that DOH
ODW can confirm sufficient water system capacity.
If you have any questions or concerns, please contact DOH.
Thanks,
Russell E. Mau, PhD, PE
Regional Engineer
Office of Drinking Water
Washington State Department of Health
16201 East Indiana Avenue, Suite 1500, Spokane Valley, WA 99216
Russell.Mau@doh.wa.gov
509-329-2116 | www.doh.wa.gov
From: Kelly Bacon (CD) <kelly.bacon.cd@co.kittitas.wa.us>
Sent: Thursday, August 26, 2021 8:40 AM
To: Pat Nicholson <pat.nicholson@co.kittitas.wa.us>; Ryan McAllister
<ryan.mcallister@co.kittitas.wa.us>; Kim Dawson <kim.dawson@co.kittitas.wa.us>; George Long
<long@kittcom.org>; Julie Kjorsvik <julie.kjorsvik@co.kittitas.wa.us>; Toni Berkshire
<toni.berkshire@co.kittitas.wa.us>; Jesse Cox <jesse.cox@co.kittitas.wa.us>; Holly Erdman
<Holly.erdman@co.kittitas.wa.us>; Lisa Lawrence <lisa.lawrence@co.kittitas.wa.us>; Patti Stacey
<patti.stacey@co.kittitas.wa.us>; Candie Leader <candie.leader@co.kittitas.wa.us>; Yakama Nation -
Enviromental Review <enviroreview@yakama.com>; Corrine Camuso
<Corrine_Camuso@Yakama.com>; Jessica Lally <Jessica_Lally@Yakama.com>; 'Noah Oliver'
<Noah_Oliver@yakama.com>; Casey Barney <Casey_Barney@Yakama.com>; kozj@yakamafish-
nsn.gov; matj@yakamafish-nsn.gov; barh@yakamafish-nsn.gov; Clear, Gwen (ECY)
<GCLE461@ECY.WA.GOV>; White, Lori (ECY) <lowh461@ECY.WA.GOV>; ECY RE Former Orchards
<formerorchards@ECY.WA.GOV>; Neet, Wendy (ECY) <wnee461@ECY.WA.GOV>; Downes, Scott G
(DFW) <Scott.Downes@dfw.wa.gov>; Nelson, Jennifer L (DFW) <Jennifer.Nelson@dfw.wa.gov>;
Torrey, Elizabeth M (DFW) <Elizabeth.Torrey@dfw.wa.gov>; WS DAHP <sepa@dahp.wa.gov>; James
E Brooks Library - Jorgenja <jorgenja@cwu.edu>; James E Brooks Library - Nelmsk
<nelmsk@cwu.edu>; Mike Flory <mike.flory@co.kittitas.wa.us>; Jeremy Larson
<jeremy.larson@co.kittitas.wa.us>; Steph Mifflin <stephanie.mifflin@co.kittitas.wa.us>; Mau, Russell
E (DOH) <Russell.Mau@DOH.WA.GOV>; DNR RE AQ LEASING RIVERS
<DNRREAQLEASINGRIVERS@dnr.wa.gov>; Early, Shane (DNR) <Shane.Early@dnr.wa.gov>; DNR RE
SEPACENTER <SEPACENTER@dnr.wa.gov>; MAUNEY, MARTY (DNR)
<MARTIN.MAUNEY@dnr.wa.gov>; 'Allison Kimball (brooksideconsulting@gmail.com)'
<brooksideconsulting@gmail.com>; '(tribune@nkctribune.com)' <tribune@nkctribune.com>;
'terry@nkctribune.com' <terry@nkctribune.com>; Megan Woodruff (mwoodruff@kvnews.com)
<mwoodruff@kvnews.com>; 'legals@kvnews.com' <legals@kvnews.com>;
'deborah.j.knaub@usace.army.mil' <deborah.j.knaub@usace.army.mil>; 'lhendrix@usbr.gov'
<lhendrix@usbr.gov>; 'mark.a.gradwohl.civ@mail.mil' <mark.a.gradwohl.civ@mail.mil>;
'Kimberly.peacher@navy.mil' <Kimberly.peacher@navy.mil>; Graham, Ken (PARKS)
Index #17
<Ken.Graham@PARKS.WA.GOV>; Mike Engelhart (GOV) <mengelhart@cleelum.gov>; KathiSwanson
<kswanson@cleelum.gov>; mhayes@cleelum.gov; VirgilAmick <vamick@cleelum.gov>;
CleElumPlanning <planning@cleelum.gov>; Wargo, Gary <wargog@cersd.org>;
montgomeryr@cersd.org; 'KVFD 7 OFFICE' <Office@kcfd7.com>; 'Guy Moura (HSY)'
<Guy.Moura@colvilletribes.com>; 'Aren Orsen (HSY)' <Aren.Orsen.HSY@colvilletribes.com>;
sam.rushing@colvilletribes.com; 'kdkistler@bpa.gov' <kdkistler@bpa.gov>; 'klarned@fs.fed.us'
<klarned@fs.fed.us>; 'scplanning@wsdot.wa.gov' <scplanning@wsdot.wa.gov>
Cc: lwedin@suncadia.com; Steve Lathrop <Steve@lwhsd.com>; Jeremy Johnston
<jeremy.johnston@co.kittitas.wa.us>; Rachael Stevie (CD) <rachael.stevie.cd@co.kittitas.wa.us>;
Jeremiah Cromie <jeremiah.cromie@co.kittitas.wa.us>
Subject: LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Notice of Application
External Email
Good morning,
CDS is requesting comment on the following Long Plat application LP-21-00002 Suncadia Phase 3
Division 17 Tumble Creek. Links to the file materials can be found below. I have attached the
Notice of Application along with the SEPA Checklist. Kittitas County anticipates issuing a DNS for
this project application and is using the optional SEPA process. The comment period will end
Wednesday, September 13, 2021 at 5pm. CDS will assume your agency does not wish to provide
comment if not received by this date. Links to the file materials can be found below. Please let me
know if you have any issues accessing the materials.
LP-21-00002 Suncadia Ph. 3 Div 17 Tumble Creek Internal
LP-21-00002 Suncaida Ph 3 Div 17 Tumble Creek External
If the links above do not work, please go to the CDS website at
https://www.co.kittitas.wa.us/cds/land-use/default.aspx and navigate to “Long Plats” and then the
Project File Number “LP-21-00002 Suncadia Ph 3 Div. 17 Tumble Creek”
Thank you,
Kelly Bacon
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
Index #17
The information transmitted by this email is intended only for the person or entity to which it is addressed. This email may contain
confidential and/or privileged material. If you are not the intended recipient of this message, be aware that any use, review,
retransmission, distribution, or reproduction is strictly prohibited. If you received this in error, please contact the sender immediately and
delete the material from all devices.
message id: 38eb45916c6dcbdac24bb8719d004a14
Index #17
From:Mau, Russell E (DOH)
To:Kelly Bacon (CD)
Cc:DOH EPH DW ERO ADMIN; Smits, Brenda M (DOH); Holly Erdman
Subject:RE: LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Notice of Application; Suncadia Resort, AA317E,
Kittitas County
Date:Tuesday, September 7, 2021 8:32:44 AM
CAUTION: This email originated from outside the Kittitas County network. Do not click
links, open attachments, fulfill requests, or follow guidance unless you recognize the sender
and have verified the content is safe.
Kelly:
The response did not identify or enumerate the total number of new connections that are being
proposed.
As noted, at this time, DOH records show the following:
· 992 Active connections
· 1501 Approved connections
While this shows 509 available connections, DOH has observed on the order of 4 to 6 applications
for additional connections from Suncadia over the past 2 to 3 years. The construction of the homes
for these applications does not occur instantly and does not change the active connections for the
system – so the water system can continue to look like it has plenty of capacity.
DOH is seeking a summary, from Suncadia, that identifies each application that is seeking
connections greater than “992” and the total number of connections being sought for each
application.
If you or the water system has any questions or concerns, please contact DOH, thanks,
Russell E. Mau, PhD, PE
Regional Engineer
Office of Drinking Water
Washington State Department of Health
16201 East Indiana Avenue, Suite 1500, Spokane Valley, WA 99216
Russell.Mau@doh.wa.gov
509-329-2116 | www.doh.wa.gov
From: Kelly Bacon (CD) <kelly.bacon.cd@co.kittitas.wa.us>
Sent: Friday, August 27, 2021 3:41 PM
To: Mau, Russell E (DOH) <Russell.Mau@DOH.WA.GOV>
Index #18
Cc: DOH EPH DW ERO ADMIN <EROADMIN@DOH.WA.GOV>; Smits, Brenda M (DOH)
<brenda.smits@doh.wa.gov>; Holly Erdman <Holly.erdman@co.kittitas.wa.us>
Subject: RE: LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Notice of Application;
Suncadia Resort, AA317E, Kittitas County
External Email
Good afternoon Russel,
Please find Suncadia’s response to your request for documentation accounting for existing and all
proposed connections.
Please let me know if there are any additional questions.
Thank you,
Kelly Bacon
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
From: Mau, Russell E (DOH) <Russell.Mau@DOH.WA.GOV>
Sent: Friday, August 27, 2021 8:10 AM
To: Kelly Bacon (CD) <kelly.bacon.cd@co.kittitas.wa.us>
Cc: DOH EPH DW ERO ADMIN <EROADMIN@DOH.WA.GOV>; Smits, Brenda M (DOH)
<brenda.smits@doh.wa.gov>; Holly Erdman <Holly.erdman@co.kittitas.wa.us>
Subject: RE: LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Notice of Application;
Suncadia Resort, AA317E, Kittitas County
CAUTION: This email originated from outside the Kittitas County network. Do not click links,
open attachments, fulfill requests, or follow guidance unless you recognize the sender and
have verified the content is safe.
Kelly:
The Department of Health (DOH) Office of Drinking Water (ODW) has the same type of comment for
this Suncadia proposal as for other, recent Suncadia development proposals:
Index #18
Over the past couple years, Suncadia has submitted a large number of additional connections
that are all in various stages of development and construction – DOH needs Suncadia to
submit documentation accounting for existing and ALL proposed connections, so that DOH
ODW can confirm sufficient water system capacity.
If you have any questions or concerns, please contact DOH.
Thanks,
Russell E. Mau, PhD, PE
Regional Engineer
Office of Drinking Water
Washington State Department of Health
16201 East Indiana Avenue, Suite 1500, Spokane Valley, WA 99216
Russell.Mau@doh.wa.gov
509-329-2116 | www.doh.wa.gov
From: Kelly Bacon (CD) <kelly.bacon.cd@co.kittitas.wa.us>
Sent: Thursday, August 26, 2021 8:40 AM
To: Pat Nicholson <pat.nicholson@co.kittitas.wa.us>; Ryan McAllister
<ryan.mcallister@co.kittitas.wa.us>; Kim Dawson <kim.dawson@co.kittitas.wa.us>; George Long
<long@kittcom.org>; Julie Kjorsvik <julie.kjorsvik@co.kittitas.wa.us>; Toni Berkshire
<toni.berkshire@co.kittitas.wa.us>; Jesse Cox <jesse.cox@co.kittitas.wa.us>; Holly Erdman
<Holly.erdman@co.kittitas.wa.us>; Lisa Lawrence <lisa.lawrence@co.kittitas.wa.us>; Patti Stacey
<patti.stacey@co.kittitas.wa.us>; Candie Leader <candie.leader@co.kittitas.wa.us>; Yakama Nation -
Enviromental Review <enviroreview@yakama.com>; Corrine Camuso
<Corrine_Camuso@Yakama.com>; Jessica Lally <Jessica_Lally@Yakama.com>; 'Noah Oliver'
<Noah_Oliver@yakama.com>; Casey Barney <Casey_Barney@Yakama.com>; kozj@yakamafish-
nsn.gov; matj@yakamafish-nsn.gov; barh@yakamafish-nsn.gov; Clear, Gwen (ECY)
<GCLE461@ECY.WA.GOV>; White, Lori (ECY) <lowh461@ECY.WA.GOV>; ECY RE Former Orchards
<formerorchards@ECY.WA.GOV>; Neet, Wendy (ECY) <wnee461@ECY.WA.GOV>; Downes, Scott G
(DFW) <Scott.Downes@dfw.wa.gov>; Nelson, Jennifer L (DFW) <Jennifer.Nelson@dfw.wa.gov>;
Torrey, Elizabeth M (DFW) <Elizabeth.Torrey@dfw.wa.gov>; WS DAHP <sepa@dahp.wa.gov>; James
E Brooks Library - Jorgenja <jorgenja@cwu.edu>; James E Brooks Library - Nelmsk
<nelmsk@cwu.edu>; Mike Flory <mike.flory@co.kittitas.wa.us>; Jeremy Larson
<jeremy.larson@co.kittitas.wa.us>; Steph Mifflin <stephanie.mifflin@co.kittitas.wa.us>; Mau, Russell
E (DOH) <Russell.Mau@DOH.WA.GOV>; DNR RE AQ LEASING RIVERS
<DNRREAQLEASINGRIVERS@dnr.wa.gov>; Early, Shane (DNR) <Shane.Early@dnr.wa.gov>; DNR RE
SEPACENTER <SEPACENTER@dnr.wa.gov>; MAUNEY, MARTY (DNR)
<MARTIN.MAUNEY@dnr.wa.gov>; 'Allison Kimball (brooksideconsulting@gmail.com)'
<brooksideconsulting@gmail.com>; '(tribune@nkctribune.com)' <tribune@nkctribune.com>;
'terry@nkctribune.com' <terry@nkctribune.com>; Megan Woodruff (mwoodruff@kvnews.com)
<mwoodruff@kvnews.com>; 'legals@kvnews.com' <legals@kvnews.com>;
'deborah.j.knaub@usace.army.mil' <deborah.j.knaub@usace.army.mil>; 'lhendrix@usbr.gov'
Index #18
<lhendrix@usbr.gov>; 'mark.a.gradwohl.civ@mail.mil' <mark.a.gradwohl.civ@mail.mil>;
'Kimberly.peacher@navy.mil' <Kimberly.peacher@navy.mil>; Graham, Ken (PARKS)
<Ken.Graham@PARKS.WA.GOV>; Mike Engelhart (GOV) <mengelhart@cleelum.gov>; KathiSwanson
<kswanson@cleelum.gov>; mhayes@cleelum.gov; VirgilAmick <vamick@cleelum.gov>;
CleElumPlanning <planning@cleelum.gov>; Wargo, Gary <wargog@cersd.org>;
montgomeryr@cersd.org; 'KVFD 7 OFFICE' <Office@kcfd7.com>; 'Guy Moura (HSY)'
<Guy.Moura@colvilletribes.com>; 'Aren Orsen (HSY)' <Aren.Orsen.HSY@colvilletribes.com>;
sam.rushing@colvilletribes.com; 'kdkistler@bpa.gov' <kdkistler@bpa.gov>; 'klarned@fs.fed.us'
<klarned@fs.fed.us>; 'scplanning@wsdot.wa.gov' <scplanning@wsdot.wa.gov>
Cc: lwedin@suncadia.com; Steve Lathrop <Steve@lwhsd.com>; Jeremy Johnston
<jeremy.johnston@co.kittitas.wa.us>; Rachael Stevie (CD) <rachael.stevie.cd@co.kittitas.wa.us>;
Jeremiah Cromie <jeremiah.cromie@co.kittitas.wa.us>
Subject: LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Notice of Application
External Email
Good morning,
CDS is requesting comment on the following Long Plat application LP-21-00002 Suncadia Phase 3
Division 17 Tumble Creek. Links to the file materials can be found below. I have attached the
Notice of Application along with the SEPA Checklist. Kittitas County anticipates issuing a DNS for
this project application and is using the optional SEPA process. The comment period will end
Wednesday, September 13, 2021 at 5pm. CDS will assume your agency does not wish to provide
comment if not received by this date. Links to the file materials can be found below. Please let me
know if you have any issues accessing the materials.
LP-21-00002 Suncadia Ph. 3 Div 17 Tumble Creek Internal
LP-21-00002 Suncaida Ph 3 Div 17 Tumble Creek External
If the links above do not work, please go to the CDS website at
https://www.co.kittitas.wa.us/cds/land-use/default.aspx and navigate to “Long Plats” and then the
Project File Number “LP-21-00002 Suncadia Ph 3 Div. 17 Tumble Creek”
Thank you,
Kelly Bacon
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
Index #18
The information transmitted by this email is intended only for the person or entity to which it is addressed. This email may contain
confidential and/or privileged material. If you are not the intended recipient of this message, be aware that any use, review,
retransmission, distribution, or reproduction is strictly prohibited. If you received this in error, please contact the sender immediately and
delete the material from all devices.
message id: 38eb45916c6dcbdac24bb8719d004a14
Index #18
From:Kelly Bacon (CD)
To:Wedin, Lathan; steve.lathrop1 steve.lathrop1
Subject:RE: LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Request for Informtion
Date:Tuesday, September 7, 2021 10:16:23 AM
Good morning,
Washington State Department of Health has responded to the additional information with the
following:
Kelly:
The response did not identify or enumerate the total number of new connections that are being proposed.
As noted, at this time, DOH records show the following:
992 Active connections
1501 Approved connections
While this shows 509 available connections, DOH has observed on the order of 4 to 6 applications for additional
connections from Suncadia over the past 2 to 3 years. The construction of the homes for these applications does not
occur instantly and does not change the active connections for the system – so the water system can continue to look
like it has plenty of capacity.
DOH is seeking a summary, from Suncadia, that identifies each application that is seeking connections greater than
“992” and the total number of connections being sought for each application.
If you or the water system has any questions or concerns, please contact DOH, thanks,
Russell E. Mau, PhD, PE
Regional Engineer
Office of Drinking Water
Washington State Department of Health
16201 East Indiana Avenue, Suite 1500, Spokane Valley, WA 99216
Russell.Mau@doh.wa.gov
509-329-2116 | www.doh.wa.gov
Additional information is required by the Department of Health. Please provide the requested
information as soon as possible.
Thank you,
Kelly Bacon
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Index #19
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
From: Wedin, Lathan <lwedin@suncadia.com>
Sent: Friday, August 27, 2021 3:31 PM
To: Kelly Bacon (CD) <kelly.bacon.cd@co.kittitas.wa.us>; steve.lathrop1 steve.lathrop1
<Steve@lwhsd.com>
Subject: RE: LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Request for Informtion
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Good afternoon Kelly,
Attached please find the response for sufficient water supply at Suncadia.
Thank you,LATHAN WEDIN
Vice President of Development
770 SUNCADIA TRAIL, CLE ELUM, WA 98922
O) 509.649.6119 C)509.607.6807 F) 509.649.6251
From: Kelly Bacon (CD) <kelly.bacon.cd@co.kittitas.wa.us>
Sent: Friday, August 27, 2021 11:00 AM
To: Wedin, Lathan <lwedin@suncadia.com>; steve.lathrop1 steve.lathrop1 <Steve@lwhsd.com>
Subject: LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Request for Informtion
CAUTION: External Email.
Good morning,
We have received a request for additional information from a commenting agency in order for them
to complete their review and provide comments. Please provide the following:
Documentation accounting for existing and all proposed connections to confirm sufficient
water system capacity.
Thank you,
Kelly Bacon
Index #19
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
The information transmitted by this email is intended only for the person or entity to which it is addressed. This email may contain
confidential and/or privileged material. If you are not the intended recipient of this message, be aware that any use, review,
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delete the material from all devices.
message id: 38eb45916c6dcbdac24bb8719d004a14
Index #19
From:Aren Orsen (HSY)
To:Kelly Bacon (CD)
Cc:Guy Moura (HSY); sydney.hanson@dahp.wa.gov
Subject:CCT Comments RE: LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek
Date:Thursday, August 26, 2021 4:41:36 PM
Attachments:CCT_COMMENTS_Suncadia_Tumble_Creek_LP2100002_082621.pdf
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Dear Kelly Bacon,
Please see the attached letter with CCT comments regarding LP-21-00002 Suncadia Phase 3 Division 17
Tumble Creek. Please feel free to contact me with any questions or concerns.
Thank you,
Aren Orsen
CCT History/Archaeology
Archaeologist II
Aren.Orsen.HSY@colvilletribes.com
509-978-9064
Index #20
Page 1 of 2
The Confederated Tribes of the Colville Reservation
History/Archaeology Program (509) 634-2693
P.O. Box 150, Nespelem, WA 99155 FAX: (509) 634-2694
August 26, 2021
Kelly Bacon
Staff Planner, Kittitas County Community Development Services
411 N. Ruby St. Suite 2
Ellensburg, WA 98926
RE: Suncadia Phase 3 Division 17 Tumble Creek LP-21-00002
Dear Kelly Bacon,
Thank you for consulting with the Confederated Tribes of the Colville Reservation (CCT).
Please be advised that the proposed undertaking lies within the traditional territories of the
Wenatchi Tribe, one of twelve constituent tribes of the Confederated Tribes of the Colville
Reservation (Colville Confederated Tribes [CCT]), which is governed by the Colville Business
Council (CBC). The CBC has delegated to the Tribal Historic Preservation Officer (THPO) the
responsibility of representing the CCT with regard to cultural resources management issues
throughout the traditional territories of all of the constituent tribes under Resolution 1996-29.
This area includes parts of eastern Washington, northeastern Oregon, the Palus (Palouse)
territory in Idaho, and south central British Columbia.
The applicant’s answers to Section B.13(a-d) of the provided SEPA checklist provide references
to the original DEIS and FEIS, as well as the Suncadia MPR Conditions of Approval sections C-
21 to C-23. These sections appear to be based on recommendations made during the original
cultural resource survey effort for the MountainStar Resort in 1998 (Griffin and Churchill).
-We consider the scope, methods, results, and recommendations of the 1998 cultural resources
survey to be woefully inadequate as a means of determining the current proposed projects’
impacts on cultural resources. This survey did not include any subsurface testing. The authors
noted that “Additional resource areas undoubtedly exist within the MountainStar Resort but, due
to poor ground visibility throughout the resort area, have not been identified…” The CCT does
not consider such a survey to be adequate for identifying cultural resources for a project with
ground disturbing activities, much less as the basis for the Suncadia MPR Conditions of
Approval, and subsequent Determinations of Non-Significance.
-The SEPA checklist for this project refers to sections C-21 through C-23 of the MPR Conditions
of Approval as the methods to be used to assess potential impacts to resources. Section C-23
requires subsurface testing “within identified cultural constraint areas…” only. To the best of my
knowledge, these “cultural constraint areas” were identified by the 1998 effort that did not
include any subsurface testing and explicitly described the likelihood of additional unidentified
resources. We do not belief that sufficient information currently exists to adequately answer
questions B.13.(a-d) of the SEPA checklist.
Index #20
Page 2 of 2
-In short, the entirety of the MPR Conditions of Approval rely on a twenty-two year old cultural
resource survey that explicitly details its own inadequacy, does not meet current DAHP
standards, and was not conducted with the proposed project in mind. We do not consider this to
be a solid basis for permitting Suncadia projects.
-The CCT are not mentioned in any of these documents as an affected tribe, despite the project
area being squarely in the traditional territory of the Wenatchi Tribe. To my knowledge, the CCT
were not a party to and were not consulted with regarding the Suncadia MPR Conditions of
Approval, despite the project area being squarely in the traditional territory of the Wenatchi
Tribe. Our recommendations and concerns are not bound by an agreement we were not included
in drafting.
-We recommend a full cultural resource survey, inclusive of subsurface testing, be
conducted of the entire project area, prior to any permitting or Determination of
Significance. The CCT should be consulted with on the results of this survey. This survey and
subsequent reporting should meet DAHP’s Standards for Cultural Resource Reporting.
-The permitting process for this project seems to follow the trajectory of other Suncadia
Divisions (i.e. Phase 2 Division 1 (LP-20-0003). In effect, this is resulting in Suncadia projects
being allowed to move forward without cultural resource investigations that would otherwise be
considered standard practice. The CCT’s recommendations and concerns set forth regarding this
project are likely to be repeated for any subsequent Divisions if this does not change. We
recommend consultation between your office, the CCT, DAHP, and other affected Tribes occur
to affect revisions to the Suncadia MPR Conditions of Approval.
Thank you for consulting with the Confederated Tribes of the Colville Reservation. Please note
that these comments are based on information available to us at the time of the project review.
We reserve the right to revise our comments as information becomes available. If you have any
questions or concerns, please contact me at (509)-978-9064. If you would like to speak with the
THPO, please contact Guy Moura at (509)-634-2695 or guy.moura@colvilletribes.com.
Sincerely,
Aren Orsen
CCT History/Archaeology
Archaeologist II
Aren.Orsen.HSY@colvilletribes.com
509-978-9064
Index #20
From:Hanson, Sydney (DAHP)
To:Kelly Bacon (CD)
Cc:Wollwage, Lance (DAHP); "Guy Moura (HSY)"; "Aren Orsen (HSY)"; "steve@snoqualmietribe.us"; Casey Barney;
Corrine Camuso; Gregg Kiona; Jessica Lally; Kate Valdez; Noah Oliver
Subject:Kittitas County_Suncadia Ph. 3 Div. 17 Tumble Creek (LP-21-00002)_Survey Highly Advised; Permit Potentially
Required (DAHP Project Tracking # 2021-09-06109)
Date:Wednesday, September 8, 2021 12:31:03 PM
Attachments:2021-09-06109_090821_Survey Highly Advised_Permit Potentially Required.pdf
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Hi Kelly,
Attached is our letter regarding the project referenced in the subject line. Please contact me with
any questions.
All the best,
Sydney Hanson, MA (she/her) | Transportation Archaeologist
360.280.7563 (cell) | sydney.hanson@dahp.wa.gov
Department of Archaeology & Historic Preservation | www.dahp.wa.gov
1110 Capitol Way S, Suite 30 | Olympia WA 98501
PO Box 48343 | Olympia WA 98504-8343
My schedule: M-F 7:00 AM – 3:30 PM
Please consider the environment before printing this email
Index #21
State of Washington • Department of Archaeology & Historic Preservation
P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065
www.dahp.wa.gov
September 8, 2021
Kelly Bacon
Planner I
Kittitas County
411 Ruby St. Suite 2
Ellensburg, WA 98926
In future correspondence please refer to:
Project Tracking Code: 2021-09-06109
Property: Kittitas County_Suncadia Ph. 3 Div. 17 Tumble Creek (LP -21-00002)
Re: Survey Highly Advised; Permit Potentially Required
Dear Kelly Bacon:
Thank you for contacting the Washington State Historic Preservation Officer (SHPO) and
Department of Archaeology and Historic Preservation (DAHP) and providing documentation
regarding the above referenced project. These comments are based on the information
available at the time of this review and on behalf of the SHPO in conformance Washington State
law. Should additional information become available, our assessment may be revised. Please
review our comments below:
DAHP agrees with all comments provided in the 26 August 2021 letter from Aren Orsen,
Archaeologist II with the CCT History/Archaeology Program.
The boundary testing of site 45KT1363 by CWU, while appreciated, is not adequate for
the scale of the project. An archaeological survey with subsurface testing across the
entire project area is highly advised. A report meeting DAHP’s Standards for Cultural
Resource Reporting should be produced to accompany the survey.
If any work within the boundary of 45KT1363 is proposed, a site alteration permit from
DAHP will be required. Please contact Lance Wollwage, Assistant State Archaeologist,
with any questions about the permitting process.
We recommend that any historic buildings or structures (45 years in age or older)
located within the project area are evaluated for eligibility for listing in the National
Register of Historic Places on Historic Property Inventory (HPI) forms. We highly
encourage the SEPA lead agency to ensure that these evaluations are written by a
cultural resource professional meeting the SOI Professional Qualification Standards in
Architectural History.
Please note that the recommendations provided in this letter reflect only the opinions of DAHP.
Any interested Tribes may have different recommendations. We appreciate receiving any
correspondence or comments from T ribes or other parties concerning cultural resource issues
that you receive.
Thank you for the opportunity to comment on this project. Please ensure that the DAHP Project
Tracking Number is shared with any hired cultural resource consultants and is attached to any
Index #21
State of Washington • Department of Archaeology & Historic Preservation
P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065
www.dahp.wa.gov
communications or submitted reports. Please also ensure that any reports, site forms, and /or
historic property inventory (HPI) forms are uploaded to WISAARD by the consultant(s).
Should you have any questions, please feel free to contact me.
Sincerely,
Sydney Hanson
Transportation Archaeologist
(360) 280-7563
Sydney.Hanson@dahp.wa.gov
Index #21
From:ECY RE CRO SEPA Coordinator
To:Kelly Bacon (CD)
Subject:202104674 Comments for LP-21-00002
Date:Thursday, September 9, 2021 4:11:42 PM
Attachments:202104674 New Suncadia LLC Ph 3 Div 17 Tumble Creek.pdf
Importance:High
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Please see the attached comment letter for the Suncadia Phase 3 Division 17 Tumble Creeksubdivision. Please share these comments with the applicant.Thank you, Gwen ClearWA State Dept. of EcologyRegional Environmental Review Coordinator1250 W. Alder StreetUnion Gap, WA 98903-0009(509) 575-2012crosepa@ecy.wa.gov
Index #22
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
1250 West Alder Street Union Gap, Washington 98903-0009 (509) 575-2490
September 9, 2021
Kelly Bacon
Kittitas County Community Development
411 N. Ruby St., Suite 2
Ellensburg, WA 98926
Re: SEPA Register 202104674, LP-21-00002
Dear Kelly Bacon:
Thank you for the opportunity to comment on the Notice of Application for the Suncadia Phase 3
Division 17 Tumble Creek subdivision, proposed by New Suncadia, LLC. The Department of Ecology
(Ecology) has reviewed the application and has the following comment s.
WATER QUALITY
Project with Potential to Discharge Off-Site
The NPDES Construction Stormwater General Permit from the Washington State Department of Ecology
is required if there is a potential for stormwater discharge from a construction site with disturbed ground.
This permit requires that the SEPA checklist fully disclose anticipated activities including building, road
construction and utility placements. Obtaining a permit may take 38-60 days.
The permit requires that a Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) shall be
prepared and implemented for all permitted construction sites. These control measures must be able to
prevent soil from being carried into surface water and storm drains by stormwater runoff. Permit coverage
and erosion control measures must be in place prior to any clearing, grading, or construction.
More information on the stormwater program may be found on Ecology's stormwater website at:
http://www.ecy.wa.gov/programs/wq/stormwater/construction/. Please submit an application or contact
Wendy Neet at the Dept. of Ecology, (509) 454 -7277 or email wendy.neet@ecy.wa.gov , with questions
about this permit.
Sincerely,
Gwen Clear
Environmental Review Coordinator
Central Regional Office
(509) 575 -2012
crosepa@ecy.wa.gov
Index #22
From:Mau, Russell E (DOH)
To:Kelly Bacon (CD)
Cc:DOH EPH DW ERO ADMIN; Smits, Brenda M (DOH); Holly Erdman
Subject:RE: LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Notice of Application; Suncadia Resort, AA317E,
Kittitas County
Date:Friday, August 27, 2021 8:09:46 AM
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Kelly:
The Department of Health (DOH) Office of Drinking Water (ODW) has the same type of comment for
this Suncadia proposal as for other, recent Suncadia development proposals:
· Over the past couple years, Suncadia has submitted a large number of additional
connections that are all in various stages of development and construction – DOH needs
Suncadia to submit documentation accounting for existing and ALL proposed connections, so
that DOH ODW can confirm sufficient water system capacity.
If you have any questions or concerns, please contact DOH.
Thanks,
Russell E. Mau, PhD, PE
Regional Engineer
Office of Drinking Water
Washington State Department of Health
16201 East Indiana Avenue, Suite 1500, Spokane Valley, WA 99216
Russell.Mau@doh.wa.gov
509-329-2116 | www.doh.wa.gov
From: Kelly Bacon (CD) <kelly.bacon.cd@co.kittitas.wa.us>
Sent: Thursday, August 26, 2021 8:40 AM
To: Pat Nicholson <pat.nicholson@co.kittitas.wa.us>; Ryan McAllister
<ryan.mcallister@co.kittitas.wa.us>; Kim Dawson <kim.dawson@co.kittitas.wa.us>; George Long
<long@kittcom.org>; Julie Kjorsvik <julie.kjorsvik@co.kittitas.wa.us>; Toni Berkshire
<toni.berkshire@co.kittitas.wa.us>; Jesse Cox <jesse.cox@co.kittitas.wa.us>; Holly Erdman
<Holly.erdman@co.kittitas.wa.us>; Lisa Lawrence <lisa.lawrence@co.kittitas.wa.us>; Patti Stacey
<patti.stacey@co.kittitas.wa.us>; Candie Leader <candie.leader@co.kittitas.wa.us>; Yakama Nation -
Enviromental Review <enviroreview@yakama.com>; Corrine Camuso
<Corrine_Camuso@Yakama.com>; Jessica Lally <Jessica_Lally@Yakama.com>; 'Noah Oliver'
Index #23
<Noah_Oliver@yakama.com>; Casey Barney <Casey_Barney@Yakama.com>; kozj@yakamafish-
nsn.gov; matj@yakamafish-nsn.gov; barh@yakamafish-nsn.gov; Clear, Gwen (ECY)
<GCLE461@ECY.WA.GOV>; White, Lori (ECY) <lowh461@ECY.WA.GOV>; ECY RE Former Orchards
<formerorchards@ECY.WA.GOV>; Neet, Wendy (ECY) <wnee461@ECY.WA.GOV>; Downes, Scott G
(DFW) <Scott.Downes@dfw.wa.gov>; Nelson, Jennifer L (DFW) <Jennifer.Nelson@dfw.wa.gov>;
Torrey, Elizabeth M (DFW) <Elizabeth.Torrey@dfw.wa.gov>; WS DAHP <sepa@dahp.wa.gov>; James
E Brooks Library - Jorgenja <jorgenja@cwu.edu>; James E Brooks Library - Nelmsk
<nelmsk@cwu.edu>; Mike Flory <mike.flory@co.kittitas.wa.us>; Jeremy Larson
<jeremy.larson@co.kittitas.wa.us>; Steph Mifflin <stephanie.mifflin@co.kittitas.wa.us>; Mau, Russell
E (DOH) <Russell.Mau@DOH.WA.GOV>; DNR RE AQ LEASING RIVERS
<DNRREAQLEASINGRIVERS@dnr.wa.gov>; Early, Shane (DNR) <Shane.Early@dnr.wa.gov>; DNR RE
SEPACENTER <SEPACENTER@dnr.wa.gov>; MAUNEY, MARTY (DNR)
<MARTIN.MAUNEY@dnr.wa.gov>; 'Allison Kimball (brooksideconsulting@gmail.com)'
<brooksideconsulting@gmail.com>; '(tribune@nkctribune.com)' <tribune@nkctribune.com>;
'terry@nkctribune.com' <terry@nkctribune.com>; Megan Woodruff (mwoodruff@kvnews.com)
<mwoodruff@kvnews.com>; 'legals@kvnews.com' <legals@kvnews.com>;
'deborah.j.knaub@usace.army.mil' <deborah.j.knaub@usace.army.mil>; 'lhendrix@usbr.gov'
<lhendrix@usbr.gov>; 'mark.a.gradwohl.civ@mail.mil' <mark.a.gradwohl.civ@mail.mil>;
'Kimberly.peacher@navy.mil' <Kimberly.peacher@navy.mil>; Graham, Ken (PARKS)
<Ken.Graham@PARKS.WA.GOV>; Mike Engelhart (GOV) <mengelhart@cleelum.gov>; KathiSwanson
<kswanson@cleelum.gov>; mhayes@cleelum.gov; VirgilAmick <vamick@cleelum.gov>;
CleElumPlanning <planning@cleelum.gov>; Wargo, Gary <wargog@cersd.org>;
montgomeryr@cersd.org; 'KVFD 7 OFFICE' <Office@kcfd7.com>; 'Guy Moura (HSY)'
<Guy.Moura@colvilletribes.com>; 'Aren Orsen (HSY)' <Aren.Orsen.HSY@colvilletribes.com>;
sam.rushing@colvilletribes.com; 'kdkistler@bpa.gov' <kdkistler@bpa.gov>; 'klarned@fs.fed.us'
<klarned@fs.fed.us>; 'scplanning@wsdot.wa.gov' <scplanning@wsdot.wa.gov>
Cc: lwedin@suncadia.com; Steve Lathrop <Steve@lwhsd.com>; Jeremy Johnston
<jeremy.johnston@co.kittitas.wa.us>; Rachael Stevie (CD) <rachael.stevie.cd@co.kittitas.wa.us>;
Jeremiah Cromie <jeremiah.cromie@co.kittitas.wa.us>
Subject: LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Notice of Application
External Email
Good morning,
CDS is requesting comment on the following Long Plat application LP-21-00002 Suncadia Phase 3
Division 17 Tumble Creek. Links to the file materials can be found below. I have attached the
Notice of Application along with the SEPA Checklist. Kittitas County anticipates issuing a DNS for
this project application and is using the optional SEPA process. The comment period will end
Wednesday, September 13, 2021 at 5pm. CDS will assume your agency does not wish to provide
comment if not received by this date. Links to the file materials can be found below. Please let me
know if you have any issues accessing the materials.
LP-21-00002 Suncadia Ph. 3 Div 17 Tumble Creek Internal
Index #23
LP-21-00002 Suncaida Ph 3 Div 17 Tumble Creek External
If the links above do not work, please go to the CDS website at
https://www.co.kittitas.wa.us/cds/land-use/default.aspx and navigate to “Long Plats” and then the
Project File Number “LP-21-00002 Suncadia Ph 3 Div. 17 Tumble Creek”
Thank you,
Kelly Bacon
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
The information transmitted by this email is intended only for the person or entity to which it is addressed. This email may contain
confidential and/or privileged material. If you are not the intended recipient of this message, be aware that any use, review,
retransmission, distribution, or reproduction is strictly prohibited. If you received this in error, please contact the sender immediately and
delete the material from all devices.
message id: 38eb45916c6dcbdac24bb8719d004a14
Index #23
From:Mau, Russell E (DOH)
To:Kelly Bacon (CD)
Cc:DOH EPH DW ERO ADMIN; Holly Erdman; Smits, Brenda M (DOH)
Subject:RE: LP-21-00002 Suncadia Phase 3 Div 17, Kittitas County
Date:Friday, October 1, 2021 9:08:40 AM
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links, open attachments, fulfill requests, or follow guidance unless you recognize the sender
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Kelly:
DOH is satisfied with the submitted information.
At this time, DOH records show the following:
· 1501 approved connections
· 992 active connections
Then,
· 221 proposed connections
This then gives, when all are constructed and active:
· 1213 connections
So, after this set of proposed connections are constructed the water system would have 288
available connections (1501 – 1213).
Thus, DOH has confidence that the Suncadia water system would still have sufficient water
availability through this set of proposed “phases” of development.
As Suncadia proposes additional growth, DOH will be seeking similar information.
Thanks,
Russell E. Mau, PhD, PE
Regional Engineer
Office of Drinking Water
Washington State Department of Health
16201 East Indiana Avenue, Suite 1500, Spokane Valley, WA 99216
Index #23
Russell.Mau@doh.wa.gov
509-329-2116 | www.doh.wa.gov
From: Kelly Bacon (CD) <kelly.bacon.cd@co.kittitas.wa.us>
Sent: Thursday, September 30, 2021 3:07 PM
To: Mau, Russell E (DOH) <Russell.Mau@DOH.WA.GOV>
Subject: LP-21-00002 Suncadia Phase 3 Div 17
External Email
Good afternoon Russell,
Below is the response provided by the applicant in regards to your request for additional
information:
Washington State Department of Health Office of Drinking Water – Russell Mau
Response: The applicant will adhere to all applicable regulations as outlined in the
Development
Agreement. Suncadia Water Company LLC has recently updated their Water Facilities
Inventory (June
2021) showing 992 active connections of the 1,501 allowed connections. Suncadia resort
holds enough
water rights that are sufficient for full build-out of the resort. Work is ongoing to calculate
what a
present infrastructure capacity is for current and future development.
Table W-1 on the following page reflects the number of platted lots within the last three
years at
Suncadia that were not part of the 992 WFI calculation.
TABLE W-1
Suncadia Development No. Units*
Phase 1 Division 3 Winemakers Cabins 24
Phase 2 Division 1 Nelson Creek 36
Phase 2 Division 4 Cabins at the Farm 39
Phase 2 Division 6 Nelson Ridge 42
Phase 3 Division 17 **80
Total 221
* Includes consolidated units post final plat; does not decipher
between full-time and part-time use connections.
** Currently in preliminary plat.
Please have all comments back to me by 5pm on October 5, 2021.
Thank you,
Kelly Bacon
Index #23
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
The information transmitted by this email is intended only for the person or entity to which it is addressed. This email may containconfidential and/or privileged material. If you are not the intended recipient of this message, be aware that any use, review,
retransmission, distribution, or reproduction is strictly prohibited. If you received this in error, please contact the sender immediately and
delete the material from all devices.
message id: 38eb45916c6dcbdac24bb8719d004a14
Index #23
507 N. Nanum Street, St. 102 · Ellensburg, WA 98926
T: 509.962.7515 · F: 509.962.7581
www.co.kittitas.wa.us/health/
Subdivision Comments
To: Kelly Bacon, CDS Planner
From: Jesse Cox, Environmental Health Supervisor
Holly Erdman, Environmental Health Specialist
Date: 09/10/21
RE: LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek
Thank you for the opportunity to comment on the above-mentioned project regarding water
and septic requirements to comply with Kittitas County Public Health Department’s Water
Resources and Environmental Health requirements.
Findings
On Site Sewage
Finding 1
The collected raw wastewater from the development will be conveyed by means of onsite gravity
sewer to the existing gravity sewer in Tumble Creek Drive.
Any on-site septic systems that are to be utilized for wastewater management must adhere to the
standards set by both the Washington Administrative Code, and Kittitas County Code.
Water
Finding 1
Proposed long plat indicates a Group A community water system will be used. If the intention is to
utilize the Suncadia water system the lots added to the system must have the final approval of the
Washington State Department of Health, Division of Drinking Water. The applicant must prove legal
and physical availability of water for all new uses of water on proposed lots.
A Additional Information Required (Prior to Preliminary Plat Approval)
Index #24
507 N. Nanum Street, St. 102 · Ellensburg, WA 98926
T: 509.962.7515 · F: 509.962.7581
www.co.kittitas.wa.us/health/
On Site Sewage
Please clarify how the raw wastewater will be conveyed from gravity septic to an existing system in
Tumble Creek. Is this system an on-site system? Or is this a connection to the lift station running to
a wastewater treatment facility?
Water
Documentation from Suncadia stating they can serve the proposed 80 new, single-family residences
as well as meeting the requirements of the Washington State Department of Health and providing
what is necessary to maintain a green operating permit status.
B Final Plat Review & Recording (Prior to Final Plat Approval)
No additional information required
C Final Plat Notes
No additional information required
Index #24
From:Holly Erdman
To:Kelly Bacon (CD)
Subject:RE: LP-21-00002 Suncadia Phase 3 Division 17
Date:Thursday, October 7, 2021 10:01:15 AM
Kelly,
This response is satisfactory with our department.
Thank you,
Holly Erdman
From: Kelly Bacon (CD) <kelly.bacon.cd@co.kittitas.wa.us>
Sent: Thursday, September 30, 2021 3:03 PM
To: Holly Erdman <Holly.erdman@co.kittitas.wa.us>
Subject: RE: LP-21-00002 Suncadia Phase 3 Division 17
Good afternoon Holly,
Below is the response from the applicant in regards to your comments:
Washington State Department of Public Health – Jesse Cox & Holly Erdman
Response: According to Part 5 (Sewer System Plan) of the Preliminary Site and Utility
Engineering
Summary in the SDP notebook states: “The collected raw wastewater from this development
will be
Conveyed by means of onsite gravity sewer to the existing gravity sewer in Tumble Creek
Drive. For more
information, see the Conceptual Utility Exhibit. Wastewater will further continue to off-site
gravity
sewers to the Waste Water Treatment Plant (WWTP) in Cle Elum.”
Suncadia is in a Group-A water system with a green operating permit status. Suncadia resort
holds
enough water rights that are sufficient for full build-out of the resort. Work is ongoing to
calculate what
a present infrastructure capacity is for current and future development.
Please have all responses back to me by 5pm on October 5, 2021, as we are preparing for the
hearing scheduled for October 19, 2021.
Thank you,
Kelly Bacon
Planner I
Kittitas County Community Development Services
Index #24
411 N. Ruby Street, Ste 2
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
From: Holly Erdman <Holly.erdman@co.kittitas.wa.us>
Sent: Friday, September 10, 2021 4:25 PM
To: Kelly Bacon (CD) <kelly.bacon.cd@co.kittitas.wa.us>
Subject: LP-21-00002 Suncadia Phase 3 Division 17
The information transmitted by this email is intended only for the person or entity to which it is addressed. This email may contain
confidential and/or privileged material. If you are not the intended recipient of this message, be aware that any use, review,
retransmission, distribution, or reproduction is strictly prohibited. If you received this in error, please contact the sender immediately and
delete the material from all devices. message id: 38eb45916c6dcbdac24bb8719d004a14
Index #24
From:Candie Leader
To:Kelly Bacon (CD)
Subject:RE: LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Notice of Application
Date:Wednesday, September 8, 2021 3:33:59 PM
Attachments:Suncadia Ph 3 Div 17 Tumble Creek LP-21-00002_09082021.pdf
Please find PW comments attached.
Thanks,
Candie Leader
Administrative Supervisor
Kittitas County Public Works
411 North Ruby Street, Suite 1
Ellensburg, WA 98926
Direct Line: 509-962-7699
Office Line: 509-962-7523
From: Kelly Bacon (CD) <kelly.bacon.cd@co.kittitas.wa.us>
Sent: Thursday, August 26, 2021 8:40 AM
To: Pat Nicholson <pat.nicholson@co.kittitas.wa.us>; Ryan McAllister
<ryan.mcallister@co.kittitas.wa.us>; Kim Dawson <kim.dawson@co.kittitas.wa.us>; George Long
<long@kittcom.org>; Julie Kjorsvik <julie.kjorsvik@co.kittitas.wa.us>; Toni Berkshire
<toni.berkshire@co.kittitas.wa.us>; Jesse Cox <jesse.cox@co.kittitas.wa.us>; Holly Erdman
<Holly.erdman@co.kittitas.wa.us>; Lisa Lawrence <lisa.lawrence@co.kittitas.wa.us>; Patti Stacey
<patti.stacey@co.kittitas.wa.us>; Candie Leader <candie.leader@co.kittitas.wa.us>; Yakama Nation -
Enviromental Review <enviroreview@yakama.com>; Corrine Camuso
<Corrine_Camuso@Yakama.com>; Jessica Lally <Jessica_Lally@Yakama.com>; 'Noah Oliver'
<Noah_Oliver@yakama.com>; Casey Barney <Casey_Barney@Yakama.com>; kozj@yakamafish-
nsn.gov; matj@yakamafish-nsn.gov; barh@yakamafish-nsn.gov; DOE - gcle <gcle461@ecy.wa.gov>;
DOE - lowh <lowh461@ecy.wa.gov>; 'FormerOrchards@ecy.wa.gov'
<FormerOrchards@ecy.wa.gov>; wendy.neet@ecy.wa.gov; WDFW - Scott Downes
<scott.downes@dfw.wa.gov>; WDFW - Jennifer Nelson <jennifer.nelson@dfw.wa.gov>; WDFW -
Elizabeth Torrey <elizabeth.torrey@dfw.wa.gov>; WS DAHP <sepa@dahp.wa.gov>; James E Brooks
Library - Jorgenja <jorgenja@cwu.edu>; James E Brooks Library - Nelmsk <nelmsk@cwu.edu>; Mike
Flory <mike.flory@co.kittitas.wa.us>; Jeremy Larson <jeremy.larson@co.kittitas.wa.us>; Steph
Mifflin <stephanie.mifflin@co.kittitas.wa.us>; WA State Department of Health - Russell
<russell.mau@doh.wa.gov>; 'rivers@dnr.wa.gov' <rivers@dnr.wa.gov>; Early, Shane (DNR)
<Shane.Early@dnr.wa.gov>; sepacenter@dnr.wa.gov; MAUNEY, MARTY (DNR)
<MARTIN.MAUNEY@dnr.wa.gov>; 'Allison Kimball (brooksideconsulting@gmail.com)'
<brooksideconsulting@gmail.com>; '(tribune@nkctribune.com)' <tribune@nkctribune.com>;
'terry@nkctribune.com' <terry@nkctribune.com>; Megan Woodruff (mwoodruff@kvnews.com)
<mwoodruff@kvnews.com>; 'legals@kvnews.com' <legals@kvnews.com>;
'deborah.j.knaub@usace.army.mil' <deborah.j.knaub@usace.army.mil>; 'lhendrix@usbr.gov'
<lhendrix@usbr.gov>; 'mark.a.gradwohl.civ@mail.mil' <mark.a.gradwohl.civ@mail.mil>;
'Kimberly.peacher@navy.mil' <Kimberly.peacher@navy.mil>; ken.graham@parks.wa.gov; Mike
Index #25
Engelhart (GOV) <mengelhart@cleelum.gov>; KathiSwanson <kswanson@cleelum.gov>;
mhayes@cleelum.gov; VirgilAmick <vamick@cleelum.gov>; CleElumPlanning
<planning@cleelum.gov>; wargog@cersd.org; montgomeryr@cersd.org; 'KVFD 7 OFFICE'
<Office@kcfd7.com>; 'Guy Moura (HSY)' <Guy.Moura@colvilletribes.com>; 'Aren Orsen (HSY)'
<Aren.Orsen.HSY@colvilletribes.com>; sam.rushing@colvilletribes.com; 'kdkistler@bpa.gov'
<kdkistler@bpa.gov>; 'klarned@fs.fed.us' <klarned@fs.fed.us>; 'scplanning@wsdot.wa.gov'
<scplanning@wsdot.wa.gov>
Cc: lwedin@suncadia.com; Steve Lathrop <Steve@lwhsd.com>; Jeremy Johnston
<jeremy.johnston@co.kittitas.wa.us>; Rachael Stevie (CD) <rachael.stevie.cd@co.kittitas.wa.us>;
Jeremiah Cromie <jeremiah.cromie@co.kittitas.wa.us>
Subject: LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Notice of Application
Good morning,
CDS is requesting comment on the following Long Plat application LP-21-00002 Suncadia Phase 3
Division 17 Tumble Creek. Links to the file materials can be found below. I have attached the
Notice of Application along with the SEPA Checklist. Kittitas County anticipates issuing a DNS for
this project application and is using the optional SEPA process. The comment period will end
Wednesday, September 13, 2021 at 5pm. CDS will assume your agency does not wish to provide
comment if not received by this date. Links to the file materials can be found below. Please let me
know if you have any issues accessing the materials.
LP-21-00002 Suncadia Ph. 3 Div 17 Tumble Creek Internal
LP-21-00002 Suncaida Ph 3 Div 17 Tumble Creek External
If the links above do not work, please go to the CDS website at
https://www.co.kittitas.wa.us/cds/land-use/default.aspx and navigate to “Long Plats” and then the
Project File Number “LP-21-00002 Suncadia Ph 3 Div. 17 Tumble Creek”
Thank you,
Kelly Bacon
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
The information transmitted by this email is intended only for the person or entity to which it is addressed. This email may contain
confidential and/or privileged material. If you are not the intended recipient of this message, be aware that any use, review,
retransmission, distribution, or reproduction is strictly prohibited. If you received this in error, please contact the sender immediately anddelete the material from all devices.
message id: 38eb45916c6dcbdac24bb8719d004a14
Index #25
Index #25
Page 1 of 2
411 N. Ruby St. Suite 1 TEL (509) 962-7523
Ellensburg, WA 98926 FAX (509) 962-7663
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
M E M O R A N D U M
TO: All Staff
FROM: Public Works Plan Review Team
DATE: September 8, 2021
SUBJECT: Suncadia Ph. 3 Div. 17 Tumble Creek LP-21-00002
The following shall be conditions of preliminary approval:
1. Timing of Improvements: Per the Suncadia 2009 Development Agreement section 5.3
Infrastructure, Surety Bonding or Other Assurances. Infrastructure identified by Trendwest in
an approved Site Development Plan must be provided and available for use before the
issuance of the first certificate of occupancy for Master Planned Resort Accommodation Units
included within such plan. For purposes of final plat approval or issuance of building permits,
infrastructure may be guaranteed through surety bonding or other financial assurance device
acceptable to the County. The estimated costs of providing all such guaranteed infrastructure
shall be reviewed and approved by the County Public Works Director or designee. Surety
bonding or other acceptable financial device provided to the County shall be in an amount
equal to at least 110% of such estimated costs as determined by Trendwest’s architects and
engineers.
Exhibit F-1 Suncadia MPR Conditions of Approval:
A-2 (a) Required Infrastructure and Utilities, as defined in the Development Agreement, shall
be installed and completed or bonded or other financial guaranties or accommodations made
for their completion prior to final plat approval of each subphase.
2. Private Road Naming: New Private Road Names will be required to complete a private road
naming application prior to final approval.
3. Addressing: Contact the Kittitas County Rural Addressing Coordinator at (509) 962-7523 to
obtain addresses prior to obtaining a building permit.
4. Civil Plans: Civil plans will be reviewed and approved as submitted prior to final plat
approval in accordance with development agreement.
Index #25
Dept. of Public Works
Page 2 of 2
411 N. Ruby St. Suite 1 TEL (509) 962-7523
Ellensburg, WA 98926 FAX (509) 962-7663
5. Engineering: The following shall be required prior to final plat approval:
• Please provide a unit inventory of constructed units and available lots for
construction for evaluation of shuttle service.
• Please provide an accounting of traffic monitoring.
• Please provide an inventory of equivalent residential units, or the accounting method
utilized in the water system plan, affirming sufficient capacity serving the plat.
• Please provide an inventory of equivalent residential units, or the accounting method
utilized in the general sewer plan, affirming sufficient capacity serving the plat.
Index #25
September 13, 2021
Kittitas County Community Development Services
411 N. Ruby St., Suite 2
Ellensburg, WA 98926
Attn: Kelly Bacon, Staff Planner
RE: LP-21-00002 – Suncadia Phase 3 Division 17
I-90 Exit 80 (Bullfrog Rd) vicinity
We have reviewed the proposed project and have the following comment.
The proposed subdivision is part of the Suncadia Master Planned Resort (MPR). We are
not opposed to this phase of the MPR, but we are concerned with the cumulative impact
this phase and future phases will have on the state highway system. The proponent is
required to adhere to the conditions outlined in the MPR Conditions of Approval,
specifically condition C-17-Monitoring Program. However, WSDOT has not received an
updated monitoring report for review. Prior to plat approval, the proponent should be
required to submit an updated traffic monitoring report to the county and WSDOT for
review.
Thank you for the opportunity to review and comment on this proposal. If you have any
questions regarding this letter, please contact Jacob Prilucik at (509) 225-0637.
Sincerely,
Paul Gonseth, P.E.
Region Planning Engineer
PG: jjp
cc: SR 90, File #2021_006
Index #26
Index #27
Comment Author Comment Summary Applicant Response Summary Staff Response
Collville Tribe - Aren Orsen
WSDOH-ODW - Russell E. Mau, PE
DAHP - Sydney Hanson
Kittitas County Public Works
Washington State Department of
Ecology
Kittitas County Public Health
Inadequacie of the 1998 cultural resources survey, lack of subsurface testing, lack of sufficient information to
adequately anster questions B.13.(a-d) of the SEPA Checklist, the MPR cultural resources survey explicitly details
its own inadequacy and which does not meet urrent DAHP standards, the CCT not being included in the orginal
process even though it is located squarely in the Wenatchi Tribe territory, Recommendation of a full cultural
resource survey inclusive of subsurface testing for the entir eproject area prior to permitting of SEPA
Determination. Recommendation that Kittitas County consult with CCT, DAHP, and other affected Tribes in
regards to revisions to the Suncadia MPR Conditions of Approval.
8/27/2021 - Request for additional infromation in regards to ALL proposed connections, so that DOH - ODW can
confirm sufficient water capacity. On August 27, 2021 an email was sent to the applicant requesting the additional
information. On August 27, 2021 Lathan Wedin submitted additional information on water and sewer availability
for suncadia. September 7, 2021 - DOH responded to additional information stating that the resonse did not
identify or enumerate the total number of new connections. DOH stated Suncadia needed to include all new
approved and applied for applications within Suncadia that may not currenlty be actively connected but are
included in the total number of approved.
DAHP agrees with the comments submitted by Aren Orsen of the Collville Tribe, subsurface testing of the entire
project site is including a report meeting DAHP's Standards for Cultural Resource Reporting accopany the survey,
Any work located within the boundary of 45KT1363 is required to have a site alteration permit from DAHP, and
recommendation that anyhistorical building or structures located within the project area be evaluated for
eligibiltiy with the National Register of Historic Places on Historic Property Inventory (HPI) forms.
Timing of Improvements - Required Infrastructure and Utilities must be completed or bonded for prior to final plat
approval, New Private Road name applications need to be completed prior to final approval, addressing permits
are required prior to obtaining a building permit, Civil Plans to be submitted and approved prior to final plat, The
following are additionally required prior to final plat approval: Provide a unit inventory of constructed units and
available lots for construction for evaluation of shuttle service, Provide a an accounting of traffic monitoring,
provide an inventory of of equivalent residential units, or the accounting method utilized in the water system
plan, provide an inventory of equivalent residential units, or the accounting method utilized in the general sewer
plan.
If there is a potential for potential stormwater discharge from construction site, the NPDES Construction
Stormwater General Permit from WSDOE is required. The permit requires that the SEPA checklist fully disclose
anticipated activities including builidng, road construction and utility placements.
Raw Wastewater collection by means of onsite gravity sewer to the existing gravity sewer in Tumble Creek Drive
must adhere to the standards set by both the Washington Administrative Code, and Kittitas County Code, The
proposed Group A community water system must have final approval of the Washington State Department of
Health - Division of Drinking Water and the applicant must prove legal and physical availability of water for all new
uses of water on proposed lots, Request for additional information in regards to the raw wastewater being
conveyed from gravity septic to an existing system in Tumble Creek, Request for documentation from Suncadia
stating they can serve the proposed 80 new, single-family residences as well as meeting the requirement of the
Washington State Department of Health and provide necessary documentation to maintian green operating
permit status,
LP-21-00002 Suncadia Phase 3 Div 17 Tumble Creek Comment Matrix
Index #28
Yakama Nation - CRP
Washington State Departmnet of
Transportation
Condition C-17-Monitoring Program of the MPR has not been updated, prior to plat approval an updated traffic
monitoring report must be submitted to the county and WSDOT for review.
Project is located within the Ceded Land sof the Yakama Nation, Recorded site is located within the proposed
development area, concerns with the "reduction of the site buffer", Disturbances to the identified site is
considered 'knowingly and willingly' - a vilation of State Law RCW 27.53, requested additional informtion on
location of proposed housing phase in relation to the managed open-space conservation areas.
Index #28
COMMUNITY PLANNING BUILDING INSPECTION PLAN REVIEW ADMINISTRATION PERMIT SERVICES CODE ENFORCEMENT FIRE INVESTIGATION
KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES
411 N. Ruby St., Suite 2, Ellensburg, WA 98926
CDS@CO.KITTITAS.WA.US
Office (509) 962-7506
“Building Partnerships – Building Communities”
September 14, 2021
New Suncadia, LLC
% Lathan Wedin
770 Suncadia Trail
Cle Elum, WA 98922
lwedin@suncadia.com
RE: Suncadia Phase 3 Division 17 Tumble Creek Long Plat (LP-21-00002) – Transmittal of Comments
Parcel# 298633
All Concerned Parties,
The comment period for the Suncadia Phase 3 Division 17 Tumble Creek Preliminary Long Plat (LP-21-00002)
ended on Monday, September 13,2021 at 5:00pm. Community Development Services received the following
comments:
August 26,2021 Colville Tribe – Aren Orsen
August 27,2021 Washington State Department of Health – ODW - Russell Mau
September 8,2021 Washington State Department of Archeology and Historic Preservation
September 8,2021 Kittitas County Public Works
September 9,2021 Washington State Department of Ecology
September 10,2021 Washington State Department of Public Health
September 13,2021 Washington State Department of Transportation
September 13,2021 Yakama Nation - CRP
If you wish to provide any responses to any of the received comments, please do so by 5:00 pm on September 20,
2021 so that staff can incorporate any of your responses into the staff report for the public hearing.
If you have any questions regarding this matter, please contact me at (509) 962-7539, or by e-mail at
kelly.bacon.cd@co.kittitas.wa.us.
Sincerely,
Kelly Bacon
Planner I
Cc: F. Steve Lathrop, Authorized Agent via email
Index #29
From:Kelly Bacon (CD)
To:Wedin, Lathan; steve.lathrop1 steve.lathrop1
Subject:LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Transmittal of Comments
Date:Tuesday, September 14, 2021 2:38:05 PM
Attachments:LP-21-00002 Suncadia Ph 2 Div 17 Tumble Creek - Transmittal of Comments 9-14-21.pdf
LP-21-0002 Suncadia Phase 3 Division 17 Tumble Creek - Combined Comments for Transmittal.pdf
LP-21-00002 Suncadia Phase 3 Div 17 Tumble Creek - Comment Matrix.xlsx
Good afternoon,
Attached to this email you will find:
Transmittal of Comments Letter
Combined Comments
Comment Matrix
Please contact me directly if there are any questions.
Thank you,
Kelly Bacon
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
Index #29
From:Kelly Bacon (CD)
To:"Wedin, Lathan"; steve.lathrop1 steve.lathrop1
Subject:RE: LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Transmittal of Comments
Date:Tuesday, September 14, 2021 2:58:59 PM
Attachments:LP-21-00002 Suncadia Ph 3 Div 17 Tumble Creek - Transmittal of Comments (amended) 9-14-21.pdf
Good afternoon,
There were a few errors in the original Transmittal letter. Please find the corrected letter attached.
Thank you,
Kelly Bacon
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
From: Kelly Bacon (CD)
Sent: Tuesday, September 14, 2021 2:38 PM
To: Wedin, Lathan <lwedin@suncadia.com>; steve.lathrop1 steve.lathrop1 <Steve@lwhsd.com>
Subject: LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Transmittal of Comments
Good afternoon,
Attached to this email you will find:
Transmittal of Comments Letter
Combined Comments
Comment Matrix
Please contact me directly if there are any questions.
Thank you,
Kelly Bacon
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
Index #29
COMMUNITY PLANNING BUILDING INSPECTION PLAN REVIEW ADMINISTRATION PERMIT SERVICES CODE ENFORCEMENT FIRE INVESTIGATION
KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES
411 N. Ruby St., Suite 2, Ellensburg, WA 98926
CDS@CO.KITTITAS.WA.US
Office (509) 962-7506
“Building Partnerships – Building Communities”
September 14, 2021
New Suncadia, LLC
% Lathan Wedin
770 Suncadia Trail
Cle Elum, WA 98922
lwedin@suncadia.com
RE: Suncadia Phase 3 Division 17 Tumble Creek Long Plat (LP-21-00002) – Transmittal of Comments
Parcel# 16212
All Concerned Parties,
The comment period for the Suncadia Phase 3 Division 17 Tumble Creek Preliminary Long Plat (LP-21-00002)
ended on Monday, September 13,2021 at 5:00pm. Community Development Services received the following
comments:
August 26,2021 Colville Tribe – Aren Orsen
August 27,2021 Washington State Department of Health – ODW - Russell Mau
September 8,2021 Washington State Department of Archeology and Historic Preservation
September 8,2021 Kittitas County Public Works
September 9,2021 Washington State Department of Ecology
September 10,2021 Washington State Department of Public Health
September 13,2021 Washington State Department of Transportation
September 13,2021 Yakama Nation - CRP
If you wish to provide any responses to any of the received comments, please do so by 5:00 pm on September 20,
2021 so that staff can incorporate any of your responses into the staff report for the public hearing.
If you have any questions regarding this matter, please contact me at (509) 962-7539, or by e-mail at
kelly.bacon.cd@co.kittitas.wa.us.
Sincerely,
Kelly Bacon
Planner I
Cc: F. Steve Lathrop, Authorized Agent via email
Index #29
Page 1 of 3
September 20, 2021
Kelly Bacon, Planner I
Kittitas County Community Development Services
411 North Ruby Street, Ste 2
Ellensburg, Washington 98926
Sent via email: Kelly.Bacon.cd@co.kittitas.wa.us ; steve@lwhsd.com
RE: Suncadia Phase 3 Division 17 Tumble Creek Long Plat (LP-21-00002) Preliminary Comment
Applicant Responses
Dear Kelly:
Suncadia Resort LLC is submitting this letter in response to the transmittal of comments for the Suncadia
Phase 3 Division 17 Preliminary Long Plat (LP-21-00002) received Tuesday September 14, 2021. Below
you will find responses to each of the commenters. Please let us know if you have any questions.
Colville Confederated Tribes – Aren Orsen
Response: The Suncadia resort property was extensively surveyed for cultural and historic sites during
the environmental impact process culminating in the identification of sites as well as adoption of
appropriate mitigation measures as set forth in Conditions of Approval C-21 – C-23 of Exhibit F to the
Development Agreement with Kittitas County. Central Washington Anthropological Survey (CWAS) has
been retained by Suncadia to perform archaeological subsurface testing within the 150-foot buffer of
site 45KT1363. Subsurface testing will be completed by CWAS and recorded with the Department of
Archaeology and Historic Preservation prior to any disturbance to the site buffer. Anticipated date of
report completion is by November 30, 2021. There are no development plans within the defined border
of site 45KT1363. Suncadia is very sensitive to cultural resources and intend to preserve, protect, and
follow all applicable rules and regulations.
Washington State Department of Health Office of Drinking Water – Russell Mau
Response: The applicant will adhere to all applicable regulations as outlined in the Development
Agreement. Suncadia Water Company LLC has recently updated their Water Facilities Inventory (June
2021) showing 992 active connections of the 1,501 allowed connections. Suncadia resort holds enough
water rights that are sufficient for full build-out of the resort. Work is ongoing to calculate what a
present infrastructure capacity is for current and future development.
Table W-1 on the following page reflects the number of platted lots within the last three years at
Suncadia that were not part of the 992 WFI calculation.
Index #29
Page 2 of 3
TABLE W-1
Suncadia Development No. Units*
Phase 1 Division 3 Winemakers Cabins 24
Phase 2 Division 1 Nelson Creek 36
Phase 2 Division 4 Cabins at the Farm 39
Phase 2 Division 6 Nelson Ridge 42
Phase 3 Division 17 ** 80
Total 221
* Includes consolidated units post final plat; does not decipher
between full-time and part-time use connections.
** Currently in preliminary plat.
Washington State Department of Archaeology and Historic Preservation – Sydney Hanson
Response: The Suncadia resort property was extensively surveyed for cultural and historic sites during
the environmental impact process culminating in the identification of sites as well as adoption of
appropriate mitigation measures as set forth in Conditions of Approval C-21 – C-23 of Exhibit F to the
Development Agreement with Kittitas County. Central Washington Anthropological Survey (CWAS) has
been retained by Suncadia to perform archaeological subsurface testing within the 150-foot buffer of
site 45KT1363. Subsurface testing will be completed by CWAS and recorded with the Department of
Archaeology and Historic Preservation prior to any disturbance to the site buffer. Anticipated date of
report completion is by November 30, 2021. There are no development plans within the defined border
of site 45KT1363. Suncadia is very sensitive to cultural resources and intend to preserve, protect, and
follow all applicable rules and regulations.
Kittitas County Public Works – Public Works Plan Review Team
Response: Suncadia acknowledges conditions 1-4 of preliminary approval from Kittitas County Public
Works and will address prior to final plat. Regarding accounting method for water connections, please
see response to Russell Mau with the Washington State Department of Health Office of Drinking Water.
Regarding wastewater, additional utility reporting requirements established post October 1, 2000 do not
apply to Suncadia, including waste water treatment, but as a courtesy with regard to the public works
request, 1,079 sewer connections have been made out of the 3,787 ERU allotment from the wastewater
treatment facility. Regarding traffic monitoring, Traffic impacts of the MPR continue to remain
considerably lower than the initial estimates in the MPR-FEIS. Pursuant to the 2014 Traffic Monitoring
Report, on January 13, 2015, Kittitas County waived further traffic monitoring pending certain
conditions, none of which have yet occurred. Suncadia requests that a meeting be held in the near
future to discuss the type and timing of transportation monitoring going forward.
Washington State Department of Ecology – Gwen Clear
Response: The applicant will adhere to all applicable regulations outlined in the Development
Agreement, the Erosion Control Plan, and the MPR Conditions of Approval. For construction activities,
Suncadia Resort LLC maintains a stormwater pollution prevention plan for the entire MPR that will also
be applicable to the development of Phase 3 Division 17. An NPDES permit for MPR construction
activities has been issued by the Washington State Department of Ecology (Permit No. WA-005236-1).
Conditions of the permit specify erosion control measures that will be used during construction
activities.
Index #30
Page 3 of 3
After the development of the site, water quality treatment will be provided for runoff from impervious
road surfaces requiring stormwater treatment, including bio-filtration swales, bio-infiltration, and sheet
flow dispersion.
Washington State Department of Public Health – Jesse Cox & Holly Erdman
Response: According to Part 5 (Sewer System Plan) of the Preliminary Site and Utility Engineering
Summary in the SDP notebook states: “The collected raw wastewater from this development will be
conveyed by means of onsite gravity sewer to the existing gravity sewer in Tumble Creek Drive. For more
information, see the Conceptual Utility Exhibit. Wastewater will further continue to off-site gravity
sewers to the Waste Water Treatment Plant (WWTP) in Cle Elum.”
Suncadia is in a Group-A water system with a green operating permit status. Suncadia resort holds
enough water rights that are sufficient for full build-out of the resort. Work is ongoing to calculate what
a present infrastructure capacity is for current and future development.
Washington State Department of Transportation – Paul Gonseth
Response: Traffic impacts of the MPR continue to remain considerably lower than the initial estimates in
the MPR-FEIS. Pursuant to the 2014 Traffic Monitoring Report, on January 13, 2015, Kittitas County
waived further traffic monitoring pending certain conditions, none of which have yet occurred. Suncadia
requests that a meeting be held in the near future to discuss the type and timing of transportation
monitoring going forward.
Yakama Nation Cultural Resource Program – Casey Barney
Response: The Suncadia resort property was extensively surveyed for cultural and historic sites during
the environmental impact process culminating in the identification of sites as well as adoption of
appropriate mitigation measures as set forth in Conditions of Approval C-21 – C-23 of Exhibit F to the
Development Agreement with Kittitas County. Central Washington Anthropological Survey (CWAS) has
been retained by Suncadia to perform archaeological subsurface testing within the 150-foot buffer of
site 45KT1363. Subsurface testing will be completed by CWAS and recorded with the Department of
Archaeology and Historic Preservation prior to any disturbance to the site buffer. Anticipated date of
report completion is by November 30, 2021. There are no development plans within the defined border
of site 45KT1363. Suncadia is very sensitive to cultural resources and intend to preserve, protect, and
follow all applicable rules and regulations.
Very truly yours,
Lathan Wedin
Vice President of Development
Suncadia Resort LLC
Cc: F. Steve Lathrop, Authorized Agent via email
Index #30
From:Kelly Bacon (CD)
To:Wedin, Lathan; steve.lathrop1 steve.lathrop1
Subject:LP-21-00002 - Suncadia Phase 3 Division 17 Tumble Creek - Site Development Plan Approval
Date:Thursday, September 30, 2021 10:43:01 AM
Attachments:LP-21-00002 Suncadia Phase 3 Div 17 Tumble Creek - Site Development Plan Approval Letter - 9-30-21.pdf
Good afternoon,
Attached please find correspondence in regards to the Long Plat application LP-21-00002. A hard
copy of the letter will be mailed out.
The public hearing for Suncadia Phase 3 Division 17 Tumble Creek Preliminary Long Plat has been
set for October 19, 2021 at 2:00pm.
Please contact me directly with any questions.
Thank you,
Kelly Bacon
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
Index #31
COMMUNITY PLANNING BUILDING INSPECTION PLAN REVIEW ADMINISTRATION PERMIT SERVICES CODE ENFORCEMENT FIRE INVESTIGATION
KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES
411 N. Ruby St., Suite 2, Ellensburg, WA 98926
CDS@CO.KITTITAS.WA.US
Office (509) 962-7506
“Building Partnerships – Building Communities”
September 14, 2021
New Suncadia, LLC
% Lathan Wedin
770 Suncadia Trail
Cle Elum, WA 98922
lwedin@suncadia.com
RE: Suncadia Phase 3 Division 17 Tumble Creek Long Plat (LP-21-00002) – Transmittal of Comments
Parcel# 16212
All Concerned Parties,
The comment period for the Suncadia Phase 3 Division 17 Tumble Creek Preliminary Long Plat (LP-21-00002)
ended on Monday, September 13,2021 at 5:00pm. Community Development Services received the following
comments:
August 26,2021 Colville Tribe – Aren Orsen
August 27,2021 Washington State Department of Health – ODW - Russell Mau
September 8,2021 Washington State Department of Archeology and Historic Preservation
September 8,2021 Kittitas County Public Works
September 9,2021 Washington State Department of Ecology
September 10,2021 Washington State Department of Public Health
September 13,2021 Washington State Department of Transportation
September 13,2021 Yakama Nation - CRP
If you wish to provide any responses to any of the received comments, please do so by 5:00 pm on September 20,
2021 so that staff can incorporate any of your responses into the staff report for the public hearing.
If you have any questions regarding this matter, please contact me at (509) 962-7539, or by e-mail at
kelly.bacon.cd@co.kittitas.wa.us.
Sincerely,
Kelly Bacon
Planner I
Cc: F. Steve Lathrop, Authorized Agent via email
Index #31
From:Kelly Bacon (CD)
To:Mau, Russell E (DOH)
Cc:DOH EPH DW ERO ADMIN; Smits, Brenda M (DOH); Holly Erdman
Subject:RE: LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Notice of Application; Suncadia Resort, AA317E,
Kittitas County
Date:Friday, August 27, 2021 3:41:01 PM
Attachments:Suncadia Water and Sewer Availability WFI P3D17.pdf
Good afternoon Russel,
Please find Suncadia’s response to your request for documentation accounting for existing and all
proposed connections.
Please let me know if there are any additional questions.
Thank you,
Kelly Bacon
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
From: Mau, Russell E (DOH) <Russell.Mau@DOH.WA.GOV>
Sent: Friday, August 27, 2021 8:10 AM
To: Kelly Bacon (CD) <kelly.bacon.cd@co.kittitas.wa.us>
Cc: DOH EPH DW ERO ADMIN <EROADMIN@DOH.WA.GOV>; Smits, Brenda M (DOH)
<brenda.smits@doh.wa.gov>; Holly Erdman <Holly.erdman@co.kittitas.wa.us>
Subject: RE: LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Notice of Application;
Suncadia Resort, AA317E, Kittitas County
CAUTION: This email originated from outside the Kittitas County network. Do not click links,
open attachments, fulfill requests, or follow guidance unless you recognize the sender and
have verified the content is safe.
Kelly:
The Department of Health (DOH) Office of Drinking Water (ODW) has the same type of comment for
this Suncadia proposal as for other, recent Suncadia development proposals:
Over the past couple years, Suncadia has submitted a large number of additional connections
Index #31
that are all in various stages of development and construction – DOH needs Suncadia to
submit documentation accounting for existing and ALL proposed connections, so that DOH
ODW can confirm sufficient water system capacity.
If you have any questions or concerns, please contact DOH.
Thanks,
Russell E. Mau, PhD, PE
Regional Engineer
Office of Drinking Water
Washington State Department of Health
16201 East Indiana Avenue, Suite 1500, Spokane Valley, WA 99216
Russell.Mau@doh.wa.gov
509-329-2116 | www.doh.wa.gov
From: Kelly Bacon (CD) <kelly.bacon.cd@co.kittitas.wa.us>
Sent: Thursday, August 26, 2021 8:40 AM
To: Pat Nicholson <pat.nicholson@co.kittitas.wa.us>; Ryan McAllister
<ryan.mcallister@co.kittitas.wa.us>; Kim Dawson <kim.dawson@co.kittitas.wa.us>; George Long
<long@kittcom.org>; Julie Kjorsvik <julie.kjorsvik@co.kittitas.wa.us>; Toni Berkshire
<toni.berkshire@co.kittitas.wa.us>; Jesse Cox <jesse.cox@co.kittitas.wa.us>; Holly Erdman
<Holly.erdman@co.kittitas.wa.us>; Lisa Lawrence <lisa.lawrence@co.kittitas.wa.us>; Patti Stacey
<patti.stacey@co.kittitas.wa.us>; Candie Leader <candie.leader@co.kittitas.wa.us>; Yakama Nation -
Enviromental Review <enviroreview@yakama.com>; Corrine Camuso
<Corrine_Camuso@Yakama.com>; Jessica Lally <Jessica_Lally@Yakama.com>; 'Noah Oliver'
<Noah_Oliver@yakama.com>; Casey Barney <Casey_Barney@Yakama.com>; kozj@yakamafish-
nsn.gov; matj@yakamafish-nsn.gov; barh@yakamafish-nsn.gov; Clear, Gwen (ECY)
<GCLE461@ECY.WA.GOV>; White, Lori (ECY) <lowh461@ECY.WA.GOV>; ECY RE Former Orchards
<formerorchards@ECY.WA.GOV>; Neet, Wendy (ECY) <wnee461@ECY.WA.GOV>; Downes, Scott G
(DFW) <Scott.Downes@dfw.wa.gov>; Nelson, Jennifer L (DFW) <Jennifer.Nelson@dfw.wa.gov>;
Torrey, Elizabeth M (DFW) <Elizabeth.Torrey@dfw.wa.gov>; WS DAHP <sepa@dahp.wa.gov>; James
E Brooks Library - Jorgenja <jorgenja@cwu.edu>; James E Brooks Library - Nelmsk
<nelmsk@cwu.edu>; Mike Flory <mike.flory@co.kittitas.wa.us>; Jeremy Larson
<jeremy.larson@co.kittitas.wa.us>; Steph Mifflin <stephanie.mifflin@co.kittitas.wa.us>; Mau, Russell
E (DOH) <Russell.Mau@DOH.WA.GOV>; DNR RE AQ LEASING RIVERS
<DNRREAQLEASINGRIVERS@dnr.wa.gov>; Early, Shane (DNR) <Shane.Early@dnr.wa.gov>; DNR RE
SEPACENTER <SEPACENTER@dnr.wa.gov>; MAUNEY, MARTY (DNR)
<MARTIN.MAUNEY@dnr.wa.gov>; 'Allison Kimball (brooksideconsulting@gmail.com)'
<brooksideconsulting@gmail.com>; '(tribune@nkctribune.com)' <tribune@nkctribune.com>;
'terry@nkctribune.com' <terry@nkctribune.com>; Megan Woodruff (mwoodruff@kvnews.com)
<mwoodruff@kvnews.com>; 'legals@kvnews.com' <legals@kvnews.com>;
'deborah.j.knaub@usace.army.mil' <deborah.j.knaub@usace.army.mil>; 'lhendrix@usbr.gov'
<lhendrix@usbr.gov>; 'mark.a.gradwohl.civ@mail.mil' <mark.a.gradwohl.civ@mail.mil>;
'Kimberly.peacher@navy.mil' <Kimberly.peacher@navy.mil>; Graham, Ken (PARKS)
Index #31
<Ken.Graham@PARKS.WA.GOV>; Mike Engelhart (GOV) <mengelhart@cleelum.gov>; KathiSwanson
<kswanson@cleelum.gov>; mhayes@cleelum.gov; VirgilAmick <vamick@cleelum.gov>;
CleElumPlanning <planning@cleelum.gov>; Wargo, Gary <wargog@cersd.org>;
montgomeryr@cersd.org; 'KVFD 7 OFFICE' <Office@kcfd7.com>; 'Guy Moura (HSY)'
<Guy.Moura@colvilletribes.com>; 'Aren Orsen (HSY)' <Aren.Orsen.HSY@colvilletribes.com>;
sam.rushing@colvilletribes.com; 'kdkistler@bpa.gov' <kdkistler@bpa.gov>; 'klarned@fs.fed.us'
<klarned@fs.fed.us>; 'scplanning@wsdot.wa.gov' <scplanning@wsdot.wa.gov>
Cc: lwedin@suncadia.com; Steve Lathrop <Steve@lwhsd.com>; Jeremy Johnston
<jeremy.johnston@co.kittitas.wa.us>; Rachael Stevie (CD) <rachael.stevie.cd@co.kittitas.wa.us>;
Jeremiah Cromie <jeremiah.cromie@co.kittitas.wa.us>
Subject: LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Notice of Application
External Email
Good morning,
CDS is requesting comment on the following Long Plat application LP-21-00002 Suncadia Phase 3
Division 17 Tumble Creek. Links to the file materials can be found below. I have attached the
Notice of Application along with the SEPA Checklist. Kittitas County anticipates issuing a DNS for
this project application and is using the optional SEPA process. The comment period will end
Wednesday, September 13, 2021 at 5pm. CDS will assume your agency does not wish to provide
comment if not received by this date. Links to the file materials can be found below. Please let me
know if you have any issues accessing the materials.
LP-21-00002 Suncadia Ph. 3 Div 17 Tumble Creek Internal
LP-21-00002 Suncaida Ph 3 Div 17 Tumble Creek External
If the links above do not work, please go to the CDS website at
https://www.co.kittitas.wa.us/cds/land-use/default.aspx and navigate to “Long Plats” and then the
Project File Number “LP-21-00002 Suncadia Ph 3 Div. 17 Tumble Creek”
Thank you,
Kelly Bacon
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
Index #31
The information transmitted by this email is intended only for the person or entity to which it is addressed. This email may contain
confidential and/or privileged material. If you are not the intended recipient of this message, be aware that any use, review,
retransmission, distribution, or reproduction is strictly prohibited. If you received this in error, please contact the sender immediately and
delete the material from all devices.
message id: 38eb45916c6dcbdac24bb8719d004a14
Index #31
From:Guy Moura (HSY)
To:Aren Orsen (HSY)
Cc:Kelly Bacon (CD); SEPA (DAHP); Guy Moura (HSY)
Subject:RE: LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Notice of Application
Date:Thursday, August 26, 2021 9:16:37 AM
CAUTION: This email originated from outside the Kittitas County network. Do not click
links, open attachments, fulfill requests, or follow guidance unless you recognize the sender
and have verified the content is safe.
Aren,
Will rely on you to give this close scrutiny. The Cle Elum River shores are packed with sites with the
exception of a few places, one being Suncadia, which seems odd. Central has not completed their
current report and I am hoping you are far more familiar than I with the earlier reporting, when so
few sites were found. Seems odd to issue a DNS or even a SEPA document without the cultural
resource reporting being complete in so sensitive an area.
We cannot concur with any findings or recommendations until you complete your reviews.
lim ləmt, qeʔciéwyew, thank you
Guy Moura
Manager, History/Archaeology Program
Tribal Historic Preservation Officer
Confederated Tribes of the Colville Reservation
(509) 634-2695
From: Kelly Bacon (CD) [mailto:kelly.bacon.cd@co.kittitas.wa.us]
Sent: Thursday, August 26, 2021 8:40 AM
To: Pat Nicholson; Ryan McAllister; Kim Dawson; George Long; Julie Kjorsvik; Toni Berkshire; Jesse Cox;
Holly Erdman; Lisa Lawrence; Patti Stacey; Candie Leader; Yakama Nation - Enviromental Review;
Corrine Camuso; Jessica Lally; 'Noah Oliver'; Casey Barney; kozj@yakamafish-nsn.gov;
matj@yakamafish-nsn.gov; barh@yakamafish-nsn.gov; DOE - gcle; DOE - lowh;
'FormerOrchards@ecy.wa.gov'; wendy.neet@ecy.wa.gov; WDFW - Scott Downes; WDFW - Jennifer
Nelson; WDFW - Elizabeth Torrey; WS DAHP ; James E Brooks Library - Jorgenja; James E Brooks Library
- Nelmsk; Mike Flory; Jeremy Larson; Steph Mifflin; WA State Department of Health - Russell;
'rivers@dnr.wa.gov'; Early, Shane (DNR); sepacenter@dnr.wa.gov; MAUNEY, MARTY (DNR); 'Allison
Kimball (brooksideconsulting@gmail.com)'; '(tribune@nkctribune.com)'; 'terry@nkctribune.com'; Megan
Woodruff (mwoodruff@kvnews.com); 'legals@kvnews.com'; 'deborah.j.knaub@usace.army.mil';
'lhendrix@usbr.gov'; 'mark.a.gradwohl.civ@mail.mil'; 'Kimberly.peacher@navy.mil';
ken.graham@parks.wa.gov; Mike Engelhart (GOV); KathiSwanson; mhayes@cleelum.gov; VirgilAmick;
CleElumPlanning; wargog@cersd.org; montgomeryr@cersd.org; 'KVFD 7 OFFICE'; Guy Moura (HSY);
Aren Orsen (HSY); Sam Rushing (FNW); 'kdkistler@bpa.gov'; 'klarned@fs.fed.us';
'scplanning@wsdot.wa.gov'
Cc: lwedin@suncadia.com; Steve Lathrop; Jeremy Johnston; Rachael Stevie (CD); Jeremiah Cromie
Index #31
Subject: LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Notice of Application
Good morning,
CDS is requesting comment on the following Long Plat application LP-21-00002 Suncadia Phase 3
Division 17 Tumble Creek. Links to the file materials can be found below. I have attached the
Notice of Application along with the SEPA Checklist. Kittitas County anticipates issuing a DNS for
this project application and is using the optional SEPA process. The comment period will end
Wednesday, September 13, 2021 at 5pm. CDS will assume your agency does not wish to provide
comment if not received by this date. Links to the file materials can be found below. Please let me
know if you have any issues accessing the materials.
LP-21-00002 Suncadia Ph. 3 Div 17 Tumble Creek Internal
LP-21-00002 Suncaida Ph 3 Div 17 Tumble Creek External
If the links above do not work, please go to the CDS website at
https://www.co.kittitas.wa.us/cds/land-use/default.aspx and navigate to “Long Plats” and then the
Project File Number “LP-21-00002 Suncadia Ph 3 Div. 17 Tumble Creek”
Thank you,
Kelly Bacon
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
The information transmitted by this email is intended only for the person or entity to which it is addressed. This email may containconfidential and/or privileged material. If you are not the intended recipient of this message, be aware that any use, review,
retransmission, distribution, or reproduction is strictly prohibited. If you received this in error, please contact the sender immediately and
delete the material from all devices.
message id: 38eb45916c6dcbdac24bb8719d004a14
Index #31
From:Mau, Russell E (DOH)
To:Kelly Bacon (CD)
Cc:DOH EPH DW ERO ADMIN; Smits, Brenda M (DOH); Holly Erdman
Subject:RE: LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Notice of Application; Suncadia Resort, AA317E,
Kittitas County
Date:Tuesday, September 7, 2021 8:32:44 AM
CAUTION: This email originated from outside the Kittitas County network. Do not click
links, open attachments, fulfill requests, or follow guidance unless you recognize the sender
and have verified the content is safe.
Kelly:
The response did not identify or enumerate the total number of new connections that are being
proposed.
As noted, at this time, DOH records show the following:
· 992 Active connections
· 1501 Approved connections
While this shows 509 available connections, DOH has observed on the order of 4 to 6 applications
for additional connections from Suncadia over the past 2 to 3 years. The construction of the homes
for these applications does not occur instantly and does not change the active connections for the
system – so the water system can continue to look like it has plenty of capacity.
DOH is seeking a summary, from Suncadia, that identifies each application that is seeking
connections greater than “992” and the total number of connections being sought for each
application.
If you or the water system has any questions or concerns, please contact DOH, thanks,
Russell E. Mau, PhD, PE
Regional Engineer
Office of Drinking Water
Washington State Department of Health
16201 East Indiana Avenue, Suite 1500, Spokane Valley, WA 99216
Russell.Mau@doh.wa.gov
509-329-2116 | www.doh.wa.gov
From: Kelly Bacon (CD) <kelly.bacon.cd@co.kittitas.wa.us>
Sent: Friday, August 27, 2021 3:41 PM
To: Mau, Russell E (DOH) <Russell.Mau@DOH.WA.GOV>
Index #31
Cc: DOH EPH DW ERO ADMIN <EROADMIN@DOH.WA.GOV>; Smits, Brenda M (DOH)
<brenda.smits@doh.wa.gov>; Holly Erdman <Holly.erdman@co.kittitas.wa.us>
Subject: RE: LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Notice of Application;
Suncadia Resort, AA317E, Kittitas County
External Email
Good afternoon Russel,
Please find Suncadia’s response to your request for documentation accounting for existing and all
proposed connections.
Please let me know if there are any additional questions.
Thank you,
Kelly Bacon
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
From: Mau, Russell E (DOH) <Russell.Mau@DOH.WA.GOV>
Sent: Friday, August 27, 2021 8:10 AM
To: Kelly Bacon (CD) <kelly.bacon.cd@co.kittitas.wa.us>
Cc: DOH EPH DW ERO ADMIN <EROADMIN@DOH.WA.GOV>; Smits, Brenda M (DOH)
<brenda.smits@doh.wa.gov>; Holly Erdman <Holly.erdman@co.kittitas.wa.us>
Subject: RE: LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Notice of Application;
Suncadia Resort, AA317E, Kittitas County
CAUTION: This email originated from outside the Kittitas County network. Do not click links,
open attachments, fulfill requests, or follow guidance unless you recognize the sender and
have verified the content is safe.
Kelly:
The Department of Health (DOH) Office of Drinking Water (ODW) has the same type of comment for
this Suncadia proposal as for other, recent Suncadia development proposals:
Index #31
Over the past couple years, Suncadia has submitted a large number of additional connections
that are all in various stages of development and construction – DOH needs Suncadia to
submit documentation accounting for existing and ALL proposed connections, so that DOH
ODW can confirm sufficient water system capacity.
If you have any questions or concerns, please contact DOH.
Thanks,
Russell E. Mau, PhD, PE
Regional Engineer
Office of Drinking Water
Washington State Department of Health
16201 East Indiana Avenue, Suite 1500, Spokane Valley, WA 99216
Russell.Mau@doh.wa.gov
509-329-2116 | www.doh.wa.gov
From: Kelly Bacon (CD) <kelly.bacon.cd@co.kittitas.wa.us>
Sent: Thursday, August 26, 2021 8:40 AM
To: Pat Nicholson <pat.nicholson@co.kittitas.wa.us>; Ryan McAllister
<ryan.mcallister@co.kittitas.wa.us>; Kim Dawson <kim.dawson@co.kittitas.wa.us>; George Long
<long@kittcom.org>; Julie Kjorsvik <julie.kjorsvik@co.kittitas.wa.us>; Toni Berkshire
<toni.berkshire@co.kittitas.wa.us>; Jesse Cox <jesse.cox@co.kittitas.wa.us>; Holly Erdman
<Holly.erdman@co.kittitas.wa.us>; Lisa Lawrence <lisa.lawrence@co.kittitas.wa.us>; Patti Stacey
<patti.stacey@co.kittitas.wa.us>; Candie Leader <candie.leader@co.kittitas.wa.us>; Yakama Nation -
Enviromental Review <enviroreview@yakama.com>; Corrine Camuso
<Corrine_Camuso@Yakama.com>; Jessica Lally <Jessica_Lally@Yakama.com>; 'Noah Oliver'
<Noah_Oliver@yakama.com>; Casey Barney <Casey_Barney@Yakama.com>; kozj@yakamafish-
nsn.gov; matj@yakamafish-nsn.gov; barh@yakamafish-nsn.gov; Clear, Gwen (ECY)
<GCLE461@ECY.WA.GOV>; White, Lori (ECY) <lowh461@ECY.WA.GOV>; ECY RE Former Orchards
<formerorchards@ECY.WA.GOV>; Neet, Wendy (ECY) <wnee461@ECY.WA.GOV>; Downes, Scott G
(DFW) <Scott.Downes@dfw.wa.gov>; Nelson, Jennifer L (DFW) <Jennifer.Nelson@dfw.wa.gov>;
Torrey, Elizabeth M (DFW) <Elizabeth.Torrey@dfw.wa.gov>; WS DAHP <sepa@dahp.wa.gov>; James
E Brooks Library - Jorgenja <jorgenja@cwu.edu>; James E Brooks Library - Nelmsk
<nelmsk@cwu.edu>; Mike Flory <mike.flory@co.kittitas.wa.us>; Jeremy Larson
<jeremy.larson@co.kittitas.wa.us>; Steph Mifflin <stephanie.mifflin@co.kittitas.wa.us>; Mau, Russell
E (DOH) <Russell.Mau@DOH.WA.GOV>; DNR RE AQ LEASING RIVERS
<DNRREAQLEASINGRIVERS@dnr.wa.gov>; Early, Shane (DNR) <Shane.Early@dnr.wa.gov>; DNR RE
SEPACENTER <SEPACENTER@dnr.wa.gov>; MAUNEY, MARTY (DNR)
<MARTIN.MAUNEY@dnr.wa.gov>; 'Allison Kimball (brooksideconsulting@gmail.com)'
<brooksideconsulting@gmail.com>; '(tribune@nkctribune.com)' <tribune@nkctribune.com>;
'terry@nkctribune.com' <terry@nkctribune.com>; Megan Woodruff (mwoodruff@kvnews.com)
<mwoodruff@kvnews.com>; 'legals@kvnews.com' <legals@kvnews.com>;
'deborah.j.knaub@usace.army.mil' <deborah.j.knaub@usace.army.mil>; 'lhendrix@usbr.gov'
Index #31
<lhendrix@usbr.gov>; 'mark.a.gradwohl.civ@mail.mil' <mark.a.gradwohl.civ@mail.mil>;
'Kimberly.peacher@navy.mil' <Kimberly.peacher@navy.mil>; Graham, Ken (PARKS)
<Ken.Graham@PARKS.WA.GOV>; Mike Engelhart (GOV) <mengelhart@cleelum.gov>; KathiSwanson
<kswanson@cleelum.gov>; mhayes@cleelum.gov; VirgilAmick <vamick@cleelum.gov>;
CleElumPlanning <planning@cleelum.gov>; Wargo, Gary <wargog@cersd.org>;
montgomeryr@cersd.org; 'KVFD 7 OFFICE' <Office@kcfd7.com>; 'Guy Moura (HSY)'
<Guy.Moura@colvilletribes.com>; 'Aren Orsen (HSY)' <Aren.Orsen.HSY@colvilletribes.com>;
sam.rushing@colvilletribes.com; 'kdkistler@bpa.gov' <kdkistler@bpa.gov>; 'klarned@fs.fed.us'
<klarned@fs.fed.us>; 'scplanning@wsdot.wa.gov' <scplanning@wsdot.wa.gov>
Cc: lwedin@suncadia.com; Steve Lathrop <Steve@lwhsd.com>; Jeremy Johnston
<jeremy.johnston@co.kittitas.wa.us>; Rachael Stevie (CD) <rachael.stevie.cd@co.kittitas.wa.us>;
Jeremiah Cromie <jeremiah.cromie@co.kittitas.wa.us>
Subject: LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Notice of Application
External Email
Good morning,
CDS is requesting comment on the following Long Plat application LP-21-00002 Suncadia Phase 3
Division 17 Tumble Creek. Links to the file materials can be found below. I have attached the
Notice of Application along with the SEPA Checklist. Kittitas County anticipates issuing a DNS for
this project application and is using the optional SEPA process. The comment period will end
Wednesday, September 13, 2021 at 5pm. CDS will assume your agency does not wish to provide
comment if not received by this date. Links to the file materials can be found below. Please let me
know if you have any issues accessing the materials.
LP-21-00002 Suncadia Ph. 3 Div 17 Tumble Creek Internal
LP-21-00002 Suncaida Ph 3 Div 17 Tumble Creek External
If the links above do not work, please go to the CDS website at
https://www.co.kittitas.wa.us/cds/land-use/default.aspx and navigate to “Long Plats” and then the
Project File Number “LP-21-00002 Suncadia Ph 3 Div. 17 Tumble Creek”
Thank you,
Kelly Bacon
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
Index #31
The information transmitted by this email is intended only for the person or entity to which it is addressed. This email may contain
confidential and/or privileged material. If you are not the intended recipient of this message, be aware that any use, review,
retransmission, distribution, or reproduction is strictly prohibited. If you received this in error, please contact the sender immediately and
delete the material from all devices.
message id: 38eb45916c6dcbdac24bb8719d004a14
Index #31
From:Kelly Bacon (CD)
To:lwedin@suncadia.com
Cc:Steve Lathrop
Subject:LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Deemed Complete
Date:Friday, August 20, 2021 1:30:32 PM
Attachments:LP-20-00004 Suncadia Ph 2 Div 17 Tumble Creek - Deemed Complete.pdf
Good afternoon,
Attached please find correspondence in regards to the above mentioned preliminary plat
application. A hard copy of the letter has been placed in the mail. Please contact me directly with
any questions.
Thank you,
Kelly Bacon
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
Index #31
From:Kelly Bacon (CD)
To:Wedin, Lathan; steve.lathrop1 steve.lathrop1
Subject:LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Transmittal of Comments
Date:Tuesday, September 14, 2021 2:38:05 PM
Attachments:LP-21-00002 Suncadia Ph 2 Div 17 Tumble Creek - Transmittal of Comments 9-14-21.pdf
LP-21-0002 Suncadia Phase 3 Division 17 Tumble Creek - Combined Comments for Transmittal.pdf
LP-21-00002 Suncadia Phase 3 Div 17 Tumble Creek - Comment Matrix.xlsx
Good afternoon,
Attached to this email you will find:
Transmittal of Comments Letter
Combined Comments
Comment Matrix
Please contact me directly if there are any questions.
Thank you,
Kelly Bacon
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
Index #31
From:Kelly Bacon (CD)
To:Holly Erdman
Cc:Jesse Cox
Subject:RE: LP-21-00002 Suncadia Phase 3 Division 17
Date:Wednesday, October 6, 2021 11:21:41 AM
Importance:High
Good morning,
Wanted to double check with PH on the below responses to PH comments on Suncadia Phase 3 Div
17. This information was required prior to Preliminary Plat Approval by PH and we are preparing
for the PH on October 19th. Please let me know if PH has any further concerns or if the provided
information is sufficient.
Thank you,
Kelly Bacon
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
From: Kelly Bacon (CD)
Sent: Thursday, September 30, 2021 3:03 PM
To: Holly Erdman <holly.erdman@co.kittitas.wa.us>
Subject: RE: LP-21-00002 Suncadia Phase 3 Division 17
Good afternoon Holly,
Below is the response from the applicant in regards to your comments:
Washington State Department of Public Health – Jesse Cox & Holly Erdman
Response: According to Part 5 (Sewer System Plan) of the Preliminary Site and Utility
Engineering
Summary in the SDP notebook states: “The collected raw wastewater from this development
will be
Conveyed by means of onsite gravity sewer to the existing gravity sewer in Tumble Creek
Drive. For more
information, see the Conceptual Utility Exhibit. Wastewater will further continue to off-site
gravity
sewers to the Waste Water Treatment Plant (WWTP) in Cle Elum.”
Suncadia is in a Group-A water system with a green operating permit status. Suncadia resort
holds
enough water rights that are sufficient for full build-out of the resort. Work is ongoing to
calculate what
a present infrastructure capacity is for current and future development.
Index #31
Please have all responses back to me by 5pm on October 5, 2021, as we are preparing for the
hearing scheduled for October 19, 2021.
Thank you,
Kelly Bacon
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
From: Holly Erdman <Holly.erdman@co.kittitas.wa.us>
Sent: Friday, September 10, 2021 4:25 PM
To: Kelly Bacon (CD) <kelly.bacon.cd@co.kittitas.wa.us>
Subject: LP-21-00002 Suncadia Phase 3 Division 17
The information transmitted by this email is intended only for the person or entity to which it is addressed. This email may contain
confidential and/or privileged material. If you are not the intended recipient of this message, be aware that any use, review,
retransmission, distribution, or reproduction is strictly prohibited. If you received this in error, please contact the sender immediately anddelete the material from all devices.
message id: 38eb45916c6dcbdac24bb8719d004a14
Index #31
From:Kelly Bacon (CD)
To:lwedin@suncadia.com; Steve Lathrop
Subject:LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Request for Informtion
Date:Friday, August 27, 2021 10:59:52 AM
Good morning,
We have received a request for additional information from a commenting agency in order for them
to complete their review and provide comments. Please provide the following:
Documentation accounting for existing and all proposed connections to confirm sufficient
water system capacity.
Thank you,
Kelly Bacon
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
Index #31
From:Kelly Bacon (CD)
To:steve@lwhsd.com
Subject:LP-21-00002 Suncadia Ph 3 Div 17 Tumble Creek
Date:Thursday, August 19, 2021 9:44:06 AM
Good morning Steve,
I am working on the above referenced Long Plat application. I have searched the documentation
numerous times and have been unable to locate the project narrative. Could you please provide a
copy of the document for the record?
Thank you,
Kelly Bacon
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
Index #31
From:Kelly Bacon (CD)
To:Wedin, Lathan; steve.lathrop1 steve.lathrop1
Subject:RE: LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Request for Informtion
Date:Tuesday, September 7, 2021 10:16:23 AM
Good morning,
Washington State Department of Health has responded to the additional information with the
following:
Kelly:
The response did not identify or enumerate the total number of new connections that are being proposed.
As noted, at this time, DOH records show the following:
992 Active connections
1501 Approved connections
While this shows 509 available connections, DOH has observed on the order of 4 to 6 applications for additional
connections from Suncadia over the past 2 to 3 years. The construction of the homes for these applications does not
occur instantly and does not change the active connections for the system – so the water system can continue to look
like it has plenty of capacity.
DOH is seeking a summary, from Suncadia, that identifies each application that is seeking connections greater than
“992” and the total number of connections being sought for each application.
If you or the water system has any questions or concerns, please contact DOH, thanks,
Russell E. Mau, PhD, PE
Regional Engineer
Office of Drinking Water
Washington State Department of Health
16201 East Indiana Avenue, Suite 1500, Spokane Valley, WA 99216
Russell.Mau@doh.wa.gov
509-329-2116 | www.doh.wa.gov
Additional information is required by the Department of Health. Please provide the requested
information as soon as possible.
Thank you,
Kelly Bacon
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Index #31
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
From: Wedin, Lathan <lwedin@suncadia.com>
Sent: Friday, August 27, 2021 3:31 PM
To: Kelly Bacon (CD) <kelly.bacon.cd@co.kittitas.wa.us>; steve.lathrop1 steve.lathrop1
<Steve@lwhsd.com>
Subject: RE: LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Request for Informtion
CAUTION: This email originated from outside the Kittitas County network. Do not click links,
open attachments, fulfill requests, or follow guidance unless you recognize the sender and
have verified the content is safe.
Good afternoon Kelly,
Attached please find the response for sufficient water supply at Suncadia.
Thank you,LATHAN WEDIN
Vice President of Development
770 SUNCADIA TRAIL, CLE ELUM, WA 98922
O) 509.649.6119 C)509.607.6807 F) 509.649.6251
From: Kelly Bacon (CD) <kelly.bacon.cd@co.kittitas.wa.us>
Sent: Friday, August 27, 2021 11:00 AM
To: Wedin, Lathan <lwedin@suncadia.com>; steve.lathrop1 steve.lathrop1 <Steve@lwhsd.com>
Subject: LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Request for Informtion
CAUTION: External Email.
Good morning,
We have received a request for additional information from a commenting agency in order for them
to complete their review and provide comments. Please provide the following:
Documentation accounting for existing and all proposed connections to confirm sufficient
water system capacity.
Thank you,
Kelly Bacon
Index #31
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
The information transmitted by this email is intended only for the person or entity to which it is addressed. This email may contain
confidential and/or privileged material. If you are not the intended recipient of this message, be aware that any use, review,
retransmission, distribution, or reproduction is strictly prohibited. If you received this in error, please contact the sender immediately and
delete the material from all devices.
message id: 38eb45916c6dcbdac24bb8719d004a14
Index #31
COMMUNITY PLANNING BUILDING INSPECTION PLAN REVIEW ADMINISTRATION PERMIT SERVICES CODE ENFORCEMENT FIRE INVESTIGATION
KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES
411 N. Ruby St., Suite 2, Ellensburg, WA 98926
CDS@CO.KITTITAS.WA.US
Office (509) 962-7506
“Building Partnerships – Building Communities”
September 14, 2021
New Suncadia, LLC
% Lathan Wedin
770 Suncadia Trail
Cle Elum, WA 98922
lwedin@suncadia.com
RE: Suncadia Phase 3 Division 17 Tumble Creek Long Plat (LP-21-00002) – Transmittal of Comments
Parcel# 298633
All Concerned Parties,
The comment period for the Suncadia Phase 3 Division 17 Tumble Creek Preliminary Long Plat (LP-21-00002)
ended on Monday, September 13,2021 at 5:00pm. Community Development Services received the following
comments:
August 26,2021 Colville Tribe – Aren Orsen
August 27,2021 Washington State Department of Health – ODW - Russell Mau
September 8,2021 Washington State Department of Archeology and Historic Preservation
September 8,2021 Kittitas County Public Works
September 9,2021 Washington State Department of Ecology
September 10,2021 Washington State Department of Public Health
September 13,2021 Washington State Department of Transportation
September 13,2021 Yakama Nation - CRP
If you wish to provide any responses to any of the received comments, please do so by 5:00 pm on September 20,
2021 so that staff can incorporate any of your responses into the staff report for the public hearing.
If you have any questions regarding this matter, please contact me at (509) 962-7539, or by e-mail at
kelly.bacon.cd@co.kittitas.wa.us.
Sincerely,
Kelly Bacon
Planner I
Cc: F. Steve Lathrop, Authorized Agent via email
Index #31
From:Kelly Bacon (CD)
To:WA State Department of Health - Russell
Subject:LP-21-00002 Suncadia Phase 3 Div 17
Date:Thursday, September 30, 2021 3:06:37 PM
Good afternoon Russell,
Below is the response provided by the applicant in regards to your request for additional
information:
Washington State Department of Health Office of Drinking Water – Russell Mau
Response: The applicant will adhere to all applicable regulations as outlined in the
Development
Agreement. Suncadia Water Company LLC has recently updated their Water Facilities
Inventory (June
2021) showing 992 active connections of the 1,501 allowed connections. Suncadia resort
holds enough
water rights that are sufficient for full build-out of the resort. Work is ongoing to calculate
what a
present infrastructure capacity is for current and future development.
Table W-1 on the following page reflects the number of platted lots within the last three
years at
Suncadia that were not part of the 992 WFI calculation.
TABLE W-1
Suncadia Development No. Units*
Phase 1 Division 3 Winemakers Cabins 24
Phase 2 Division 1 Nelson Creek 36
Phase 2 Division 4 Cabins at the Farm 39
Phase 2 Division 6 Nelson Ridge 42
Phase 3 Division 17 **80
Total 221
* Includes consolidated units post final plat; does not decipher
between full-time and part-time use connections.
** Currently in preliminary plat.
Please have all comments back to me by 5pm on October 5, 2021.
Thank you,
Kelly Bacon
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
Index #31
From:Kelly Bacon (CD)
To:Holly Erdman
Subject:RE: LP-21-00002 Suncadia Phase 3 Division 17
Date:Thursday, September 30, 2021 3:02:52 PM
Good afternoon Holly,
Below is the response from the applicant in regards to your comments:
Washington State Department of Public Health – Jesse Cox & Holly Erdman
Response: According to Part 5 (Sewer System Plan) of the Preliminary Site and Utility
Engineering
Summary in the SDP notebook states: “The collected raw wastewater from this development
will be
Conveyed by means of onsite gravity sewer to the existing gravity sewer in Tumble Creek
Drive. For more
information, see the Conceptual Utility Exhibit. Wastewater will further continue to off-site
gravity
sewers to the Waste Water Treatment Plant (WWTP) in Cle Elum.”
Suncadia is in a Group-A water system with a green operating permit status. Suncadia resort
holds
enough water rights that are sufficient for full build-out of the resort. Work is ongoing to
calculate what
a present infrastructure capacity is for current and future development.
Please have all responses back to me by 5pm on October 5, 2021, as we are preparing for the
hearing scheduled for October 19, 2021.
Thank you,
Kelly Bacon
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
From: Holly Erdman <Holly.erdman@co.kittitas.wa.us>
Sent: Friday, September 10, 2021 4:25 PM
To: Kelly Bacon (CD) <kelly.bacon.cd@co.kittitas.wa.us>
Subject: LP-21-00002 Suncadia Phase 3 Division 17
The information transmitted by this email is intended only for the person or entity to which it is addressed. This email may contain
Index #31
confidential and/or privileged material. If you are not the intended recipient of this message, be aware that any use, review,
retransmission, distribution, or reproduction is strictly prohibited. If you received this in error, please contact the sender immediately and
delete the material from all devices.
message id: 38eb45916c6dcbdac24bb8719d004a14
Index #31
From:Kelly Bacon (CD)
To:"Wedin, Lathan"; steve.lathrop1 steve.lathrop1
Subject:RE: LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Transmittal of Comments
Date:Tuesday, September 14, 2021 2:58:59 PM
Attachments:LP-21-00002 Suncadia Ph 3 Div 17 Tumble Creek - Transmittal of Comments (amended) 9-14-21.pdf
Good afternoon,
There were a few errors in the original Transmittal letter. Please find the corrected letter attached.
Thank you,
Kelly Bacon
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
From: Kelly Bacon (CD)
Sent: Tuesday, September 14, 2021 2:38 PM
To: Wedin, Lathan <lwedin@suncadia.com>; steve.lathrop1 steve.lathrop1 <Steve@lwhsd.com>
Subject: LP-21-00002 Suncadia Phase 3 Division 17 Tumble Creek - Transmittal of Comments
Good afternoon,
Attached to this email you will find:
Transmittal of Comments Letter
Combined Comments
Comment Matrix
Please contact me directly if there are any questions.
Thank you,
Kelly Bacon
Planner I
Kittitas County Community Development Services
411 N. Ruby Street, Ste 2
Ellensburg, WA 98926
Office: (509) 962-7539
Kelly.bacon.cd@co.kittitas.wa.us
Index #31
Index #31
After recording return to:
F. STEVEN LATHROP
Lathrop. Winbauer, Harrel. Slothower & Denison, L.L.P.
PO Box JOSS
Ellensburg, WA 98926
Document Title: Amended And Restated Development Agreement By And Between Kittitas County, \Vashington, Suncadia
LLC Relating To The Development Commonly Kno\\11 As Sun~:adia Master Planned Resort
Grantor: Suncadia LLC. a Delaware limited liability company
Grantee: Kinitas County, a Washington municipal corporation
Legal Description:
Ptn Sections II. 13. J.l, 15, 23, 24, & 25, Township 20 N, Range 14 E.W.M
Pm Sections 18, 19. 20. 21. 28, 29, 30 & 31, Township 20 N, Range 14 E. \V.M
~vlountainstar Phase I. Division I (an Alteration ofMountainStar Division I A), Bk 10, pg 12-45
MountainStar Phase I, Division 2 (Plat Alteration). Book 9, pages 157-187
Suncadia, Phase I Division 3, Book 9, pages 94-120
Suncadia Resort Services Parcel Short Plat. Kittitas SP No. SP-06-124, £3ook I Short Plats. pages 198-199
Suncadia Phase I Division 4. Book I 0. pages 50-73
Suncadia -Phase I Division 5, Book I 0, pages I 03-109
The Lodge at Suncadia Master Condominium, Book II of Plats, pages 26-38
The Lodge at Suncadia Residential Condominium. Book II or Plats. pages 39-67
Suncadia-Phase I Division 9, Book II, pages 78-82
Suncadia-Resort Core Binding Site Plan No. I, Book K or Short Plats, pages 44-48
Suncadia-Pha-;e I Division 12 (A Binding Site Plan), Book II of Plats, pages 155-158
Suncadia, Phase I Division 13A Book II. pages 163-168
Suncadia Phase 2 Division 2. Book 10. pages 170-183
Suncadia-Phase 3 Divisions I To 5 (rumble Creek), Book 9. pages 51-78
of Suncadia-Pha'e 3 Divisions 6 To 9 (Tumble Creek), Book 9. pages 190-220
Suncadia-Phase 3 Division II (rumble Creek). Book 9, pages 245-251
Phase 3 Division 12 crumble Creek). Book 10, pages 121-126
Assessor's T1lX Parcel Nos.:
20-14-11000-0007.20-14-11000-0008,20-14-11000-0009,20-14-11000-0010.20-14-11000-0005,20-14-11000-0013,
20-14-11000-0006.20-14-11000-0014,20-14-11000-0004,20-14-11000-0015,20-14-11000-0003,20-14-11000-0012.
20-14-13000-0001. 20-14-13000-0007, 20-14-14000-0001, 20-14-14000-0009, 20-14-14000-0002, 20-14-14000-00 I 0.
20-14-14000-0005, 20-14-14000-0013, 20-14-14000-0006, 20-14-14000-0007, 20-14-14000-0008, 20-14-15000-0001,
20-14-15000-0003, 20-14-15000-0002, 20-14-15000-0005, 20-14-23000-0004. 20-14-23000-0008, 20-14-23000-0003,
20-14-25000-0006, 20-14-25000-0013, 20-14-25000-0007, 20-14-25000-0014, 20-14-25000-0008. 20-14-25000-0015,
20-14-25000-0002, 20-14-25000-0003. 20-14-25000-00 I 0, 20-14-25000-0004, 20-14-25000-00 I I. 20-14-25000-0005,
20-14-25000-0012. 20-15-30000-0007. 20-15-30000-0017, 20-15-30000-0009, 20-15-30000-0018, 20-15-30000-00 I 0,
20-15-30000-0019. 20-15-30000-0012, 20-15-31020-0003, 20-15-31020-0002, 20-15-18040-0013. 20-15-18040-0003,
20-15-18030-000 I. 20-15-18030-0007. 20-15-18030-0006, 20-15-29050-(all ), 20-15-19050-(all), 20-15-20058-(all),
20-15-21060-(all). 20-15-29051-(all), 20-15-19051-(all). 20-15-19000-0021, 20-15-19052-(all). 20-15-19053-(all).
20-15-19054-(all), 20-15-19057-(all), 20-15-19055-(all), 20-15-19056-(all), 20-14-13050-(all), 20-14-24050-(all),
20-14-24051-(all). 20-14-14050-(all), 20-15-30000-0002, 20-15-30000-0006, 20-15-30000-0016, 20-15-30000-0008.
20-15-30000-00 II, 20-15-30000-0003. 20-15-30000-0013, 20-15-30000-0004, 20-15-30000-0014, 20-15-30000-0005.
20-15-30000-0015, 20-15-30040-000 I, 20-15-30040-00 II, 20-15-30040-0003, 20-15-30040-0004. 20-15-30040-0008,
20-14-23050-(all), 20-14-23051-misc,
Reference Number Of Document Amended: 2000 I 0240006
Index #32
After Recording Return To:
Lathrop, Winbauer, HarreL Slothower & Denison LLP
Attn: F. Steven Lathrop
P.O. Box I 088
201 West Seventh Ave.
Ellensburg, Washington 98926
AMENDED and RESTATED DEVELOPMENT AGREEMENT
BY
BETWEEN
KITTITAS COUNlT. ¥t:4SHINGTON
AND
SUNCADIA LLC
REL4TING TO THE DEVELOPMEl·lT COMMONLY K.lvOWN AS
SUNCADJA MASTER PL4flNED RESORT
(SUNCAD!Aj
Suncadia Master Planned Reson Development Agreement (Am~ndcd and Restated 12-02-2008) Page I
Index #32
AMENDED AND RESTATED DEVELOPMENT AGREEMENT BY AND BETWEEN
KITTITAS COU!VTY, ·wASHINGTON, SUNCADL4 LLC
RELATING TO THE DEVELOPMENT COMMONLY IGVOWN AS
SUNCADIA MASTER PLANNED RESORT
THIS AMENDED AND REST A TED DEVELOPMENT AGREEMENT ("Agreement'')
is dated. for reference purposes, the 2nd day of December, 2008, by and between SUNCADIA
LLC. a Delaware limited liability company (''Suncadia .. ) as successor in interest to Trend west
Resorts, Inc., an Oregon Corporation. Trendwest Investments, Inc., a Washington corporation,
and MountainStar Development. LLC. a Delaware limited liability company (Trendwest Resorts
and Trendwest Investments are sometimes collectively referred to herein as ·'Trendwest":
references hereinafter to Trendwest, Mountain Star and/or the "Resort'' shall be deemed to refer
to Suncadia), and KITTITAS COUNTY (the "County"), a Washington municipal corporation,
pursuant to RCW 36.70B.180 -.2 I 0 and Chapter 15A.ll, Development Agreements. of the
Kittitas County Code ("County Code''). Trendwest and the County are sometimes referred to
herein individually as ·'Party'' and collectively as the ''Parties."
RECITALS
A. To strengthen the public planning process and to reduce the economic costs of
development. the Legislature of the state of Washington enacted RCW 36.708.170-.210 (the
·'Development Agreement Statute"), which authorizes the County to enter into an agreement
regarding the development of real property located within the County's jurisdiction with any
person having an ownership interest or control of such real property. The County adopted
Chapter 15A.II. Development Agreements, of the County Code to authorize development
agreements under the Development Agreement Statute for large, complex or phased
developments within the County.
Suncadia Master Planned Resort Development Agreement (Amended and Restated 12-02-2008) Puge 2
Index #32
B. Suncadia is the owner of the Resort consisting of approximately 6,217 acres
located within Kittitas County, the outer boundary of which property is more particularly
described in the legal description attached as EXHIBfT A (Rev. I) and incorporated herein by
reference (the .. Trendwest Property"). Trendwest Investments purchased the Trendwest Property
on June 21. 2000 from JELD-WEN, iNC. ("JELD-WEN''), an Oregon corporation registered to
conduct business in the state of Washington. Trend west Investments is a wholly-owned
subsidiary ofTrendwest Resorts.
C. Trendwest Resorts is a public company in v.hich JELD-WEN owns a controlling
interest.
D. Trendwest desires and intends to develop the Trendwest Property pursuant to
RCW 36.70A.360 as the MountainStar Master Planned Resort ("MountainStar'' or ''Resort"),
including. but not limited to, (i) golf courses and other on-site indoor and outdoor recreational
amenities, (ii) conference centers, (iii) hotels. condominiums. time-share units. resort chalets and
single-family residences (including vacation and second homes), (iv) an equestrian facility. (v)
an interpretive center, and (vi) open space, as more particularly described in Trend west's
MountainStar Resort Conceptual Master Plan set forth in the County's Final Environmental
Impact Statement and as thereafter amended (more particularly described in Recitall(6) below).
E. The County has determined that this Agreement is appropriate for MountainStar
and, therefore, desires to enter this Agreement. This Agreement establishes planning principles,
development standards and procedures to eliminate uncertainty in planning and to guide the
orderly development ofMountainStar consistent with the County"s Comprehensive Plan (the
"Comprehensive Plan") and Master Planned Resort Zoning District (as defined in Recital 1(8)
below): to mitigate probable significant, adverse environmental impacts: to ensure installation of
Suncadia Master Planned Resort Development Agreement (Amended and Restated 12-02-2008) Page 3
Index #32
necessary on-site and off-site infrastructure and improvements; to provide for the preservation of
permanent open space; to make provision for trail facilities and other on-site recreational
amenities: to provide proportionate funding for traffic improvements and other public
improvements; to provide for services appropriate to the development ofMountainStar; and to
otherwise achieve the goals and purposes for which the Development Agreement Statute was
enacted. Furthermore, development ofMountainStar pursuant to this Agreement would result in
substantial fiscal benefits to the County.
F. Trendwest is entering into this Development Agreement to provide certainty for
planning and development of Mountain Star. to provide certainty with respect to environmental
and fiscal conditions imposed on the development ofMountainStar. and to guarantee the
Comprehensive Plan designation. zoning designation and development standards for the
development of MountainS tar so that Trend west can justify a major financial investment in
MountainStar and the surrounding area, an investment that must be amortized over several
decades of sales and operations at MountainStar. Trendwest could not undertake development of
MountainStar without the assurances provided through this Agreement.
G. It is understood by the Parties that MountainStar is a private development and that
Trendwest shall have full power over and exclusive control ofMountainStar, subject only to the
limitations and obligations ofTrcndwest under the County's Comprehensive Plan, the
MountainStar Subarea Plan (as defined in Recital 1(8) below). the County's Master Planned
Resort Zoning District (as defined in Recitall(81 below), the MountainStar Resort Conceptual
Master Plan, as amended (as defined in Recital 1(6) below), the Rezone (as defined in Recital
1(8) below). the MPR Project Development Permit and MountainStar MPR Conditions (as
defined in Recital I (I 0) below). the Applicable Law (as defined in Section 4.1 (c) below). and this
Suncadia Master Planned Resort Development Agreement (Amended and Restated 12·02·2008) Page 4
Index #32
Agreement. The Parties further understand that neither this Agreement nor Trendwest's
development of MountainStar shall be construed as creating any form of agency relationship.
joint venture or partnership between Trendwest and the County.
H. In exchange for the benefits w the County described in Recital E above, together
with the other public benefits that will result from the development of MoumainStar. Trendwest
will receive by this Agreement assurance that it is obtaining vested rights and may proceed with
development ofMountainStar in accordance with the Applicable Law (defined in Section 4.l(c)
below). and, therefore. Trcndwcst desires to enter into this Agreement.
I. The Parties have undertaken various environmental review and planning actions
relating to the development ofMountainStar. These actions include, \vithout limitation. the
following:
1. Under the Growth Management Act ("GMA''). Ch. 36.70A RCW,
counties ''may permit master planned resorts which may constitute urban growth outside of
urban growth areas as limited by this section.'' RCW 36.70A.360. On December 11. 1996. the
County amended its Comprehensive Plan through Ordinance No. 96-20 to adopt planning
policies to guide the development of Master Planned Resorts (the "Original MPR Policies") in
Kittitas County. The Eastern Washington GrO\vth Management Hearings Board (''Eastern
Board'') subsequently concluded by order dated March 28, 1997. that the Original MPR Policies
did not comply with the GMA. By Ordinance No. 97-20 adopted by the Kittitas County Board
of County Commissioners ("BOCC") on December 30, 1997, the BOCC adopted revised MPR
policies (the "Revised MPR Policies'') on remand from the Eastern Board. The Eastern Board
concluded by order dated April 16. 1998 that the Revised MPR Policies complied with the
requirements ofthe GMA except for RCW 36.70A.l00. On remand the BOCC adopted
Suncadia Master Planned Resort Development Agreement (Amended and Rcstatt:d 12-02-2008) Page 5
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Ordinance No. 98-20 on September 18. 1998, further amending the Revised MPR Policies on
remand from the Eastern Board to meet the requirements of RCW 36. 70A.l 00. By order dated
November 18, 1998, the Board held that the Revised MPR Policies, as amended, fully complied
with the GMA. The Eastern Board's November 18. 1998 order was not appealed.
2. On March 5, I 997. the County and Trendwest executed a "Development
Agreement Relating to Processing Master Planned Resort Application:· To the extent there is a
conflict between the March 5, 1997 Development Agreement and the 2000 Agreement
(hereinafter defined), the 2000 Agreement shall control.
3. On March 7. 1997, Trendwest submitted to the County a complete "MPR
Application'" seeking approval to develop MountainStar on the Trendwest Property. Under
Washington law. Trendwesrs MPR Application vested to those policies and regulations.
including the County's Original MPR Policies in effect on March 7, 1997. The MPR
Application requests the following approvals necessary for the development ofMountainStar:
(a) a site-specific amendment to the County's Comprehensive Plan land usc designation map
changing the designation of the Trendwest Property to Master Planned Resort (the
''Comprehensive Plan Amendment"): (b) a site-specific rezone ofthe County zoning map for the
Trendwest Property to a Master Planned Resort Zoning District (the ''Rezone'"); and (c) a MPR
Prqject Development Permit for the Mountain Star Conceptual Master Plan. The comprehensive
plan amendment to the land use designation map may include the adoption of a subarea plan for
the Trendwest Property to implement the County's Master Planned Resort Comprehensive Plan
policies described in Recitall( I) above (the "MountainStar Subarea Plan").
4. On March 12, 1997, at the request ofTrendwcst, the County issued a
Determination of Significance under the Washington State Environmental Policy Act Ch.
Suncadia Master Planned Resort Dcvclopmenl Agreemen1 (Amended and Restated 12-02-2008) Page 6
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43.21 C RCW ("SEPA''). for Trendwesf s MPR Application, thereby requiring preparation of an
Environmental Impact Statement.
5. On July 28, 1999. the County published a Draft Environmental Impact
Statement (the ''MountainStar DElS"') pursuant to SEPA analyzing the environmental impacts of
the proposed MountainS tar Master Planned Resort.
6. On April 10. 2000. the County issued a Final Environmental Impact
Statement for the Mountain Star Master Planned Resort (the ·'Mountain Star FEIS'") pursuant to
SEPA. The MountainStar FEIS includes the ··MountainStar Conceptual Master Plan,'' which
Trendwest has amended from time to time as planning and environmental review of
MountainStar has progressed and to meet the requirements of the MountainStar MPR
Conditions. A true and correct copy of the MountainStar Resort Conceptual Master Plan, as
amended, (EXHIBIT B) is incorporated herein by reference.
7. The adequacy ofthe MountainStar ElS was appealed to the BOCC by
RIDGE, Rebound. the City of Roslyn, the Yakama Nation and the Washington State Department
of Fish and Wildlife ("WDFW''). Prior to the public hearing on the appeals, the appeals of the
Yakama Nation and WDFW were withdrawn. A public hearing on the remaining appeals was
heard by the BOCC on July 5, 6, 7 and 11, 2000. On July 12, 2000. the BOCC continued its
public deliberations on the remaining appeals and voted 3-0 to deny the appeals. The BOCC
found and concluded that the MountainStar EIS satisfied all applicable legal requirements by
Resolution 1\o. 2000-79 dated July 24. 2000.
8. The County concurrently reviewed and processed the proposed: (a) Master
Planned Resort Zoning District ordinance, implementing the County's Master Planned Resort
Policies in tbe Comprehensive Plan: (b) Trend\vest MPR Application: (c) MountainStar Subarea
Sum:adia Master Planned Reson Development Agreement {Amc:Jdcd and Restated 12-02-2008) Page 7
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Plan; (d) Rezone: and (e) ordinance to process MountainStar as a ''Planned Action" under SEPA
(the ''Planned Action Ordinance'').
9. Beginning on July 5. 2000. the BOCC and the County's Planning
Commission jointly conducted a series of public hearings regarding Trendwest's MPR
Application. the MountainStar Subarea Plan. the Rezone, the proposed Planned Action
Ordinance. and the adoption of this Agreement as required by RCW 36.70B.200. EIS appeal
hearings were conducted before the BOCC as detailed Recital 1(7) above. Consolidated public
hearings were conducted by the BOCC and the Planning Commission on July 12. July 13. July
17. July 20. July 24. and August 8, 2000. The Planning Commission conducted public meetings
in connection with the foregoing on August 21 and August 22, 2000. The Planning Commission
issued its written Recommendation and Findings of fact at a public meeting on August 28, 2000.
The Planning Commission recommended that the BOCC approve the Master Planned Resort
Zoning District MountainStar Subarea Plan and Rezone. The Planning Commission also
recommended: (a) approval of an MPR Project Development Permit for the Mountain Star
Conceptual Master Plan, subject to the conditions recommended by the Planning Commission
(the "MountainStar MPR Conditions''); (b) adoption of the proposed Planned Action Ordinance
for MountainStar: and (c) adoption of this Agreement.
10. The BOCC formally accepted receipt of the Planning Commission's
Recommendation and Findings of Fact at a public meeting on August 29, :woo. On September
18 and 20, 2000, the BOCC held continued public hearings to consider the Planning
Commission's recommendations regarding the Master Planned Resort Zoning District,
Trendwesfs MPR Application, the MountainStar Subarea Plan, the Rezone. and the Planned
Action Ordinance. The BOCC approved the MountainStar Subarea Plan and Master Planned
Suncadia Master Planned Reson Development Agreement (Amended and Restated 12-02-2008) Page 8
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Resort Zoning District on October I 0. 2000. by Ordinance Nos. 2000-12 and 2000-13,
respectively. (EXHIBITS C and D) are incorporated herein by reference. On that same date. the
BOCC effected the Rezone through Ordinance No. 2000-14. (EXHIBIT E) is incorporated herein
by reference. On that same date. the BOCC issued an MPR Project Development Permit for the
Mountain Star Resort Conceptual Master Plan, as amended, subject to (a) the MountainStar MPR
Conditions recommended by the Planning Commission. as amended by the BOCC. and (b) the
execution of a Development A!:,>reement between the County and Trend west on terms and
conditions satisfactory to the County, by Ordinance No. 2000-15 (EXHIBIT F) is incorporated
herein by reference. Finally. by Ordinance No. 2000-1 7 adopted on that same date. the BOCC
approved the Planned Action Ordinance. authorizing MountainStar to be processed as a Planned
Action under SEPA. A true and concct copy ofOrdioance No. 2000-17 (EXHIBIT G) is
incorporated herein by reference. (The MountainStar Resort Conceptual Master Plan (as
amended). the Rezone, the MPR Project Development Penn it and MountainStar MPR
Conditions, the MountainStar Subarea Plan, and the Planned Action Ordinance are sometimes
collectively referred to herein as the "'MPR Approvals.")
J. On October 10. 2000, concurrent with the BOCC's consideration of the Master
Planned Resort Zoning District. Trendwesfs MPR Application. the Rezone, the MountainStar
Subarea Plan and the Planned Action Ordinance, the BOCC conducted a duly noticed public
meeting regarding the proposed adoption of this Agreement. The BOCC authorized execution of
that certain Development Agreement by and between Trendwest and the County dated October
I 0, 2000 (the "2000 Agreement") by Ordinance No. 2000-16 adopted on October I 0, 2000.
K. By developing MountainStar in accordance with this Agreement. such
development shall be in compliance with the GMA, the County's Comprehensive Plan. the
Suncadia Master Planned Reson Development Agreement (Amendi!d and Restated 12-02-2008} Page 9
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County's Master Planned Resort Zoning District and all other groW1h management ordinances,
resolutions, rules, regulations. policies, standard:>, and directives of the County.
L. Each Party acknowledges that it is entering into this Agreement voluntarily.
M. Section 1.3 of the Development Agreement requires the parties to review its
provisions within nvo years of the Effective Date and every five years thereafter. which reviews
have not heretofore taken place; provided that. pursuant to Section 6. the Parties have previously
entered into the following amendments:
', Ordinance 2001-14. dated September 4, 2001, amending C-34
', Resolution 2006-1 70, dated December 5. 2006. allowing for the use of
binding site plans
', Resolution 2007-1 L dated February 12,2007. amending C-42
;;... Resolution 2007-119, dated September 18. 2007, amending C-45 and C-46
N. Pursuant to Section 6 hereof. the Parties desire to amend and restate the 2000
Agreement.
NOW, THEREFORE. in consideration of the promises. covenants. and provisions set
forth herein, the receipt and adequacy of which consideration is hereby acknowledged. the
Parties agree as follows:
Section 1.
AGREEMEI\7
EFFECTIVE DATE AND TERM
1.1 Effective Date. The 2000 Agreement became effective upon the date the BOCC
approved the MPR Approvals as defined in Recital!( I 0) of this Agreement. specifically. October
I 0. 2000 (the ··Effective Date"). The .. Applicable Law" to which MountainStar shall be subject
Suncadia Master Planned Reson Development Agreement (Amended and Restated 12-02-2008) Page 10
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to and vested is set forth in Section 4.l(c) below. The effective date ofthe amendments
contained in this Agreement shall be the date first above written.
1.2 Term. The tenn referenced in this Agreement (the "Tenn") shall commence
upon the Effective Date and continue for a period of thirty (30) years, ending October 9. 2030.
The date ofthis Agreement shall have no effect on the Tenn.
1.3 Review and Modification. Trendwest and the County shall review the terms of
this Agreement within two (2) years from the Effective Date and every five (5) years thereafter
to consider possible amendments thereto. This Agreement may be modified. extended or
terminated upon the written agreement ofTrcndwcst and the County.
Section 2. DEFI~ITIONS
Unless the context requires a different meaning, any term or phrase used in this
Agreement that has its first letter capitalized shall have that meaning given to it by this
Agreement. Certain such terms and phrases arc defined below; others are defined where they
appear in the text of this Agreement. including its Exhibits.
"Affected Jurisdiction or Public Body" shall mean a public entity whose public service
facilities are impacted by the development of MountainStar. As of the Effective Date, Affected
Jurisdictions and Public Bodies to which this Agreement applies are as follows: Kittitas County.
Kittitas County Sheriff, the City ofCie Elum, the City ofRoslyn. the Town of South Cle Elum.
the Consolidated Communications Agency for Kittitas County (KlTTCOM). Kittitas County Fire
Protection District No. 7, the Cle Elum-Roslyn School District. Hospital District No. 2 and the
Washington State Department ofTransportation (WSDOT). Additional Affected Jurisdictions
and Public Bodies may be added to this Agreement only with the mutual agreement of the
Parties.
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"Agreement" and ·'Development Agrecmenf' shall mean this Amended and Restated
Development Agreement by and Between Kiairas County, Washington, and Suncadia LLC
Relating 10 the Development Common~v Known as Suncadia Master Planned Resort, as set forth
in the Preamble ofthis Agreement.
'"Applicable Law" shall have the meaning set forth in Section 4.1 (c) of this Agreement.
"BOCC'' shall mean the Board of County Commissioners for Kittitas County,
Washington.
''CC&Rs'' shall mean covenants, conditions and restrictions.
''County"' shall mean Kittitas County, Washington. as set forth in the Preamble ofthis
Agreement.
··comprehensive Plan'' shall mean the Kittitas County Comprehensive Plan, as set forth
in Recital E of this Agreement.
··critical Areas Regulations·· shall mean Chapter I 7 A, Critical Areas. of the Kittitas
County Code. (EXHIBIT I) of this Agreement.
"Design Guidelines·· shall mean the general design goals the County and Trend west have
agreed upon for the MountainStar Master Planned Resort as described in EXHIBIT J (Rev. I)
attached hereto and incorporated herein by this reference. as amended from time to time.
''Design Review Committee'' or ''DRC" shall mean the committee established by
Trendwest pursuant to EX! II BIT .I (Rev. l) to administer and enforce various Development
Standards and Design Guidelines set forth hereunder and in applicable CC&Rs for
~ountainStar.
"Developed On-Site Recreational Facilities" means indoor and outdoor recreational
facilities and uses. and may include, but arc not limited to. golf courses (including accessory
Suncadin Master Planned Reson Development Agreement (Amended and Restated 12-02-2008) Page 12
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structures and facilities, such as clubhouses, practice facilities. and maintenance facilities). tennis
courts. swimming pools, sports complexes. cross country skiing, hiking and nature trails, bicycle
paths, equestrian facilities. skating arenas, bowling alleys and theaters.
"Development Agreement Statute .. shall mean RCW 36.708.170 through .21 0. as set
forth in Recital A of this Agreement.
''Development Standards'' shall mean the standards controlling development of the
\tiountainStar Master Planned Resort as more specifically described in Section 4.1 (d) of this
Agreement.
''Director of Community Development Services" or "'Director" shall mean Planning
Director.
·'Division" means a smaller area within a Phase. may include one or more parcels or
subdivisions of land, and can also be described as a "subphase."
''Eastern Board'' shall mean the Eastern Washington Grov.'th Management Hearings
Board, as set forth in Recital 1(1) of this Agreement.
''Effective Date" shall have that meaning set forth in Section 1.1 of this Agreement.
"General Site Plan'' shall have that meaning set forth in Section 5.1 (a) of this Agreement.
"GMA" shall mean the Washington State Growth Management Act, Ch. 36.70A RCW,
as set forth in Recital I( 1) of this Agreement.
·'Infrastructure" shall mean all Utilities. as defined in this Agreement, and roads and
bridges.
"JELD-WEN" shall mean JELD-WEN, iNC., an Oregon corporation registered to
conduct business in the state of Washington. as set forth in Recital B to this Agreement.
Suncadia \'laster Planned Resort Development Agreement (Amended and Restated 12-02-20081 Pag~ 13
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·'Master Planned Resort" means a self-contained and fully integrated planned unit
development located in a setting of significant natural amenities. with a primary focus on
destination resort facilities consisting of short-term visitor accommodations associated with a
range of developed on-site indoor or outdoor recreational facilities. but which may include other
residential uses within its boundaries if such other residential uses are integrated into and support
the on-site recreational nature of the resort. A Master Planned Resort may also enter into
agreements for shared capital facilities and utilities with outside service providers, including
municipalities and special purpose districts. in accordance with the provisions ofRCW
36. 70A.360, 1998 c 112 § 2.
·'Master Planned Resort Accommodation Units'' means resort accommodations of any
kind whatsoever with the exception of (i) campgrounds and (ii) recreational vehicles sites
without power and water. Master Planned Resort Accommodation Units includes, but is not
limited to. (i) Short· Term Visitor Accommodations (as defined below), and (ii) all individually-
owned chalets, cabins, condominiums. single-family detached and multi-family attached
residences or other accommodations not meeting the definition of Short-Term Visitor
Accommodations as defined below.
"Master Planned Resort Zoning District" shall mean the development regulations adopted
by the BOCC through Ordinance No. 2000-13 as set forth in Recitall(8) ofthis Agreement.
"MountainStar:· "'MPR'' or .;Resort'' shall mean the MountainStar Master Planned Resort
(now the Suncadia Master Planned Resort) and all improvements to be constructed thereon as
described in the MountainStar Resort Conceptual Master Plan, the Rezone. the MPR Project
Development Permit and MountainStar MPR Conditions. and the Subsequent Actions.
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Index #32
'·MountainStar EIS'' shall mean collectively the Draft Environmental Impact Statement
("DEIS") prepared by the County for MountainStar pursuant to SEPA and published on July 28.
1999 and the Final Environmental Impact Statement (''FEIS") prepared by the County for
MountainStar pursuant to SEPA and published on April 10,2000, as set forth in Recitals 1(5) and
1(6) ofthis Agreement.
''MountainStar MPR Conditions" shall mean those conditions of approval on the MPR
Development Permit for MountainStar imposed by the BOCC through Ordinance No. 2000-I 5 as
set forth in Recital I( I 0) ofthis Agreement. as amended herein and attached to this Agreement as
EXHIBIT F-1.
''MountainStar Resort Conceptual Master Plan" shall mean the conceptual master plan
for the Mountain Star Master Planned Resort (EXHIBIT B), as set forth in Recital I( I 0) of this
Agreement. as amended.
"MountainStar Subarea Plan'' shall mean the subarea plan to the Kinitas County
Comprehensive Plan to implement the County's Master Planned Resort policies for the
development of MountainS tar on the Trendwest Property, as set forth in Recital 1(3) of this
Agreement.
·'MPR Application" shall mean Trendwest's development application submitted March 7.
1997, requesting County approval to develop the Trendwest Property as a Master Planned
Resort, as set forth in Recital 1(3) of this Agreement.
·'MPR Approvals"' shall mean collectively the (a) MountainStar Resort Conceptual
Master Plan. (b) the Rezone; (c) the MPR Project Development Permit and MountainStar MPR
Conditions, (d) the MountainStar Subarea Plan, and (e) the Planned Action Ordinance, as set
forth in Recital 1(10) ofthis Agreement.
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·'MPR Project Development Pennit'' shall mean Ordinance No. 2000-15 (EXHIBIT F),
approving Trendwest's MPR Application together with the MountainStar MPR Conditions
associated therewith. as described in Recital 1(10) ofthis Agreement.
"Open Space" means any land that is retained in a substantially natural condition
(including road right-of-ways retained in a substantially natural condition) or that is improved for
outdoor recreational uses, such as golf courses, cross country skiing. hiking or nature trails,
equestrian and bicycle paths. or land that is specifically required to be preserved pursuant to (i)
the MountainStar Resort Conceptual Master Plan, or the MPR Project Development Permit and
MountainStar MPR Conditions; (ii) permanent conservation easement: (iii) deed covenant,
condition or restriction running with the land on residential lots: or (iv) a similar method. Open
Space includes water bodies such as ponds, rivers and streams. lands protected as important
natural features. such as vegetation cover or slopes. and lands used as buffers. Open space also
includes land that is managed by Trendwest for recreational. habitat enhancement and forestry
purposes in accordance with a land stewardship plan developed by Trendwest and approved by
the BOCC; provided, however, that such plan may be limited by the terms of conservation
easements or other appropriate instruments conveyed by Trendwest to third panies to further
restrict the use of specified open space areas, such as the Cle Elum River Corridor (Planning
Area 11 in the MountainS tar EIS). Open Space does not include: (i) those portions of residential
lots not specifically protected by a permanent conservation casement, deed covenant, condition
or restriction. or similar method; (ii) streets: and (iii) parking areas.
''Original MPR Policies" shall mean those Comprehensive Plan policies relating to the
development of Master Planned Resorts adopted by the BOCC through Ordinance No. 96-20. as
set forth in Recital I (I) of this Agreement.
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"Permitted and Conditional Uses" shall mean those uses that are permitted or permitted
with conditions within MountainS tar set forth in Section 4.1 ( d)(2) of this Agreement.
··Phase" means one of the three phases within which the resort is being developed and.
together. comprising the area encompassed by the MountainStar Resort Conceptual Master Plan and
identified by specific boundaries which are to be developed on a coordinated basis and used as a
major element ofMountainStar. It may include different land uses and one or more Divisions.
''Plaru1ed Action Ordinance'' shall mean Kittitas County Ordinance No. :2.000-17
(EXHIBIT G), by which the BOCC authorized MountainS tar to be processed as a planned action
under SEPA, as set forth in Recital 1(10) ofthis Agreement.
"Planning Commission" shall mean the Kittitas County Planning Commission: provided,
however, reference herein to future acts by the Planning Commission shall be deemed to mean either
the Planning Commission or the Hearings Examiner as designated or authorized by the BOCC.
"Planning Director'· shall mean the Director of Conmmnity Development Services. or his
or her designee.
·'Processing Fees·· shall have that meaning as set forth in Section 4.l(g)(3) of this
Agreement.
''Proportionate Share" shall mean that share as defmed in the MountainS tar MPR
Conditions.
"Revised MPR Policies'' shall mean those Comprehensive Plan policies relating to
Master Planned Resorts adopted by Ordinance Nos. 97-20 and 98-20. as set forth in Recital I(l)
of this Agreement.
"Rezone .. shall mean the site-specific rezone of the County zoning map for the Trendwest
Property to the Master Planned Resort Zoning District, pursuant to Ordinance No. 2000-14 as set
forth in Recital I(3) of this Agreement.
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"SEPA'' shall mean the Washington State Environmental Policy Acl Ch. 43.21C RCW,
as set forth in Recitall(4) ofthis Agreement.
''Short-Term Visitor Accommodations'' means the following Master Planned Resort
Accommodation Units: (i) hotel or motel units; (ii) time-share and fractionally-owned units: (iii)
recreational vehicle sites with power and water; and (iv) vacation and second homes as defined
below. A vacation or second home is a Short-Term Visitor Accommodation for all purposes
under this Agreement unless its owner(s) or occupant(s). or any one ofthem. is either (i)
registered to vote at such unit's MountainStar address or (ii) receives itsitheir Kittitas County
annual property tax assessment for such unit at such unit's MountainStar address. in \Vhich case
such unit shall be considered a permanent residence for all purposes under this Agreement.
"Site Development Plan'" shall have that meaning set forth in Section 5.1 (a) of this
Agreement.
··subphase'" or ,;Division" means a smaller area within a Phase, and may include one or
more subdivisions ofland.
''Subsequent Actions'" shall have that meaning set forth in Section 4.1 (e) of this
Agreement.
''Term'' shall mean thirty (30) years commencing upon the Effective Date. as set forth in
Section 1.2 ofthis Agreement.
''Transfer Agreement" shall have the meaning set forth in Section 9 of this Agreement.
·Trendwest"" shall mean Suncadia andior collectively Trend west Resorts, Inc. and
Trendwest Investments, lnc., as set forth in the Preamble of this Agreement.
"Trendwest Investments'" shall mean Trendwest Investments. Inc .. a Washington
corporation, as set forth in the Preamble ofthis Agreement.
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"Trendwest Property" shall mean the property located within the boundary ofthe Resort
and more particularly described in the legal description attached as EXHIBIT A (Rev. l ). as set
forth in Recital B of this Agreement.
.. Trendwest Resorts'' shall mean Trendwest Resorts. Inc .. an Oregon corporation
registered to conduct business in the state of Washington. as set forth in the Preamble of this
Agreement.
''Utilities'' shall include. but not be limited to. all (i) stonnwater and drainage systems and
facilities, (ii) sewer systems and facilities. (iii) water systems and facilities (including. but not
limited to, pumping and treatment stations, storage reservoirs or tanks. and transmission Jines),
(iv) electrical substations and transmission lines, (v) telecommunications systems and facilities
(including. but not limited to. telephone exchanges and lines. cable, and fiber optic), and (vi)
natural gas.
·'Vesting Date" shall have the meaning set forth in Section 4.1 (a) of this Agreement.
"Visitor-Oriented Amenities'' means the following uses desi§:.'lled to support the users of
MountainStar: (i) restaurants. cafes. delicatessens. pubs, taverns and cocktail bars, and
entertainment associated with such uses. (ii) meeting facilities for meetings of all types,
conferences, and religious worship and church uses. (iii) on-site retail and commercial services
limited to those types and levels of use designed to suppon the recreation and convenience needs
of the users and employees ofMountainStar ami which do not duplicate the full range of retail
and commercial services available in adjacent communities, and (iv) recreation businesses and
facilities. The retail sale of gasoline and diesel fuels shall be prohibited at MountainS tar and
therefore does not constitute a Visitor-Oriented Amenity or a pennissible on-site retail or
commercial service for any purpose under this Agreement.
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Section 3. OBLIGA TJONS OF TREND\VEST AND THE COUNTY
3.1 Obligations ofTrendwest.
(a) Generally. The Parties acknowledge and agree that the County's
agreement to perform and abide by the covenants and obligations of the County set forth herein
is material consideration for Trendwesfs agreement to perform and abide by the covenants and
obligations ofTrendwest set forth herein.
(b) MPR Project Development Permit and MountainStar MPR
Conditions. Except as otherwise specifically agreed to by the County. Trendwest shall comply
with all conditions as set forth in the MPR Project Development Permit and MountainStar MPR
Conditions, as approved by the BOCC, and attached as EXHIBIT F-1 to this Agreement.
3.2 Obligations of County. The Parties acknowledge and agree that Trendwest's
agreement to perform and abide by the covenants and obligations ofTrendwest set forth herein is
material consideration for the County's agreement to perform and abide by the covenants and
obligations of the County set forth. herein.
Section 4.
4.1
STANDARDS, LAWS AND PROCEDURES GOVER "liNG
MOUNTAINST AR
Permitted Uses; Applicable Law.
(a) Vested Rights. Trcndwest shall have the vested right to develop
MountainStar pursuant to the Applicable Law as set forth in Section 4.l(c). Trendwesfs rights
shall vest as of the Effective Date (the '"Vesting Date''): provided. however, that nothing herein
shall limit the County's authority to require additional SEPA review in connection with
applications for Subsequent Actions. including General Site Plans and Site Development Plans,
pursuant to Sections 4.1 (i) and 5.1 of this Agreement: provided further. however, that the County
shall reserve authority to impose new or different regulations on Trendwest's development of
Suncadia Master Planned Resort Developmem Agreement (Amended and Restated 12-02-200&) Page 20
Index #32
MountainStar to the extent required by a serious threat to public health and safety; and provided
further, however, the parties agree that Trendwcst's vested rights under this Agreement may be
modified. and that the County may modi f)' the MountainStar MPR Conditions or impose
mitigation as part of a Subsequent Action based on statutes. rules, regulations. official policies.
and standards other than the Applicable Law. under the following circumstances:
{1) When the County reasonably believes in good faith that County
approval of a Subsequent Action for MountainStar under the terms of this Agreement would
result in a decision by a State or Federal administrative agency, or a Court of competent
jurisdiction, that the County eligibility for funding, grants. program eligibility or other
resources sought by the County would be impaired (for example, if approval of any portion
of development would prohibit the County from being eligible under the National Flood
Insurance Program or result in higher premium rates to the County or ifs property ovvners);
(2) When the County reasonably believes in good faith that County
approval of a Subsequent Action for MountainStar under the terms of this Agreement would
result in a decision by a State or Federal administrative agency, or a Court of competent
jurisdiction, that the County unlawfully failed to comply with the Endangered Species Act or
other State or Federal laws or regulations in approving the Subsequent Action: or
(3) \Vhen a State or Federal statute or regulation would impose
cumulative standards for compliance on an area wide or countywide basis. Modifications
under this section shall only be to the extent necessary to address the applicant's
proportionate share of such cumulative standard (for example. if new federal water quality
standards are adopted with cumulative in-stream standards, stormwater standards for
Suncadia Master Planned Resort Development Agreement (Amended and Restated 12-02-2008) Page 21
Index #32
MountainStar may be adjusted to reflect Trendwest's proportional share for correction of the
diminished water quality, if any).
(The parties acknowledge that the examples included in the preceding exceptions are
illustrative only and that review of the MountainStar proposal and the MountainStar ElS
disclose no problem such as those described in the examples. Since the MountainStar
proposal precludes development in the geomorphic fioodplain, since there is no "'taking'' of a
listed species or its habitat. and since the M<:lster Drainage Plan for MountainStar avoids
discharges to streams, the examples included in the exceptions are used solely to describe the
type of issue to which the exception could apply.)
The County's modification actions under the exceptions listed above shall be limited to the
minimum necessary to avoid the consequences described in the exceptions. The parties agree
that the County shall advise Trendwest when the County believes any such circumstances arise
and consult with Trendwest regarding the proposed modifications. The parties agree to pursue
the dispute resolution procedures provided for in this Agreement and the MountainStar MPR
Conditions to resolve any dispute regarding modifications under these exceptions to Trendwesfs
vested rights. For any ofthese exceptions to Trendwest's vested rights to the Applicable Law
under this Agreement. Trendwest shall have the right, at its sole discretion and expense, to
contest any claim or allegation, or to appeal any administrative decision or judicial
determination, that would authorize or require the County to modify Trendwest's vested rights
under this Agreement. Trcndwest may also. at its discretion, agree to indemnify the County for
the financial consequences of any final and binding decision of an administrative agency or court
Suncadia Master Planned Resort Development Agreement (Amended and Restated l2-02-2008) Page 22
Index #32
of competent jurisdiction in lieu of the County modif)'ing Trendwest's vested rights under this
Agreement in response to any such final and binding decision.
(b) Permitted Uses and MPR Approvals for MountainStar. The (i)
Permitted Uses ofMountainStar, (ii) the density and intensity ofthe use of the Trendwest
Property. (iii) the maximum height bulk and size of proposed buildings. (iv) the provisions for
reservation or dedication of land for open space and other common purposes. (v) the location of
public utilities, (vi) and other terms and conditions of development applicable to MountainStar
shall be as set forth in the MPR Approvals and this Agreement, including the Development
Standards set forth in Section 4.1(d) ofthis Agreement.
(c) Applicable Law. The rules. regulations, official policies, standards and
specifications applicable to MountainStar shall be those set forth in the MPR Approvals and this
Agreement. including the Development Standards set forth in Section 4.J(d) ofthis Agreement
( .. Applicable Law'"). To the c:\.'tent not addressed by the MPR Approvals or by this Agreement,
the Applicable Law shall also include approved Subsequent Actions. those provisions of
Chapters 36.70A (Growth Management) and 58.17 RCW (Plats. Subdivisions, and Dedications)
and the Kinitas County Code, EXHIBITS K. Land H, respectively. are incorporated herein. the
County's Comprehensive Plan (including Chapter 2.4 related to Master Planned Resorts). all
uncodified County ordinances and resolutions. as well as all other federal, state and County
rules. regulations. official policies. standards and specifications in force and effect on the Vesting
Date. Except as otherwise specifically provided herein, all references in this Agreement to
federal, state and County laws. rules, regulations, official policies. standards and specifications
shall be governed by and construed as Applicable Law in accordance with this section to which
Trendwest is vested pursuant to Section 4.1 (a) above.
Suncadia Master Planned Resort Development Agreement (Amended and Restated 12...()2-2008) Page 23
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(d) Development Standards. The Development Standards set forth below
shall apply to the development of MountainStar. Trend west may choose to impose additional.
more restrictive development standards through CC&Rs or other methods. The following
Development Standards shall apply to the development of MountainStar:
(1) Consistency With Applicable Law and Development
Agreement. Development of MountainStar shall comply with (i) all Applicable Lav,• and (ii) the
terms and conditions of this Agreement.
(2) Permitted and Conditional Uses. The following uses are
permitted and conditional uses within MountainStar:
(a) 1l1e following are permitted uses within Mountain Star:
(i) Short-Term Visitor Accommodations as defined herein:
(ii) Master Planned Resort Accommodation Units as defined
herein:
(iii) Developed On-Site Recreational Facilities as defined
herein;
(iv) Campgrounds and recreational vehicle sites with power and
water~
(v) Visitor-Oriented Amenities as defined herein:
(vi) Cultural and educational facilities of all kinds. including,
but not limited to, interpretative centers and exhibits. and indoor and outdoor theaters;
(vii) Roadways and bridges, including privately owned and
maintained roadways and bridges;
Suncadia Master Planned Resort Development Agreement (Amended and Restated 12-02-200&) Page 24
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{viii) Industrial uses and capital facilities. utilities and services to
the extent necessary to maintain and operate MountainStar;
(ix) Temporary and/or permanent structures to serve as
MountainStar sales office(s); and
(x) Any other like or similar uses deemed by the Planning
Director to be consistent with the purpose and intent of the MPR Approvals and RCW
36. 70A.360.
(b) The following is a conditionally permitted use within
MountainStar, which use shall be reviewed and approved in accordance with Chapter 17.60 of
the Kittitas County Code, Conditional Uses:
(i) Campgrounds and recreational vehicle sites without power
and water.
(3) Phasing. The development ofMountainStar and all associated
infrastructure. including roads and bridges. and capital facilities, utilities and services (including
water supply and wastewater treatment facilities and services), may be approved and constructed
and/or bonded in Phases or Subphases. Development may be reviewed, approved and permitted
individually through the General Site Plan and Site Development Plan approval processes set
forth in Section 5.1 ofthis Agreement. All development approvals shall be consistent with the
MPR Approvals and this Agreement.
(4) Open Space Required. A cumulative total of at least eighty
percent (80%) of the Trendwest Property shall be preserved as Open Space. Pursuant to Sire
Development Plans approved under Section 5.1 of this Agreement, fifty percent (50%) Open
Space shall be met for each Phase. These cumulative and individual Phase Open Space
Suncadia Masler Planned Resort Development Agreement (Amended and Restated 12-02-200R) Page 25
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percentage requirements do not need to be satisfied within the boundaries of any particular
Phase. Instead, the land provided to meet such Open Space requirements may be located within,
contiguous to. or adjacent to land proposed for development within one or more Phases. For
example. Open Space provided in the Cle Elum River Corridor may be used to satisfy Open
Space requirements for one or more Phases that do not themselves contain at least at least fifty
percent (50%) Open Space or a cumulative total of eighty percent (80%) Open Space. The initial
Phase of development shall include the designation of the Cle Elum River Corridor as Open
Space.
(5) Visitor-Oriented Amenities. Visitor-Oriented Amenities shall be
provided with the first Phase ofMountainStar in an amount approved through a General Site
Plan and/or Site Development Plan under Section 5.1 below to serve Short-Term Visitor
Accommodations and Master Planned Resort Accommodation Units constructed with such first
Phase.
(6) Short-Term Visitor Accommodations. Trendwest will market
MountainStar as a Master Planned Resort. A minimum of two hundred (200) units of Short-
Term Visitor Accommodations, as defined in Section 2 above, shall be provided with the first
Phase of MountainS tar. Short-Term Visitor Accommodations shall constitute more than seventy
percent (70%) of all built and occupied Master Planned Resort Accommodation Units at full
build-out ofMountainStar. A cumulative total of more than 50% of all built and occupied
Master Planned Resort Accommodation Units shall be Short-Term Visitor Accommodations
during the build-out of MountainStar. Subject to the foregoing. individual development Phases
or Subphases ofMountainStar, with the exception ofthe first Phase, may include Master Planned
Resort Accommodation Units ofwhich Jess than fifty percent (50%) are Short-Term Visitor
Suncadia Master Planned Resort Development Agreement (Amended and H.c,tated 12-02-2008) Page 26
Index #32
Accommodations if such Phase is consistent with the MountainStar Resort Conceptual Master
Plan and the MPR Project Development Permit and MountainStar MPR Conditions. This
responsibility shall include monitoring and reporting practices and procedures determined
acceptable to the Planning Director.
(7) Developed On-Site Recreational Facilities.
(i) First Phase. Developed On-Site Recreational Facilities must
be included with the first Phase of the development ofMountainStar in accordance with a
General Site Plan and/or Site Development Plan approved pursuant to Section 5.1 below. The
construction of such Developed On-Site Recreational f-acilities shall be completed pursuant to a
staging plan approved as part of the Site Development Plan for the first Phase.
(ii) Subsequent Phases. Developed On-Site Recreational
Facilities associated with subsequent Phases ofMountainStar shall be constructed in accordance
with the staging plan of a Site Development Plan(s) approved pursuant to Section 5.1 below.
(iii) Developed On-Site Recreational Facilities Built Over
Multiple Phases/Subphases. The Parties recognize that certain Developed On-Site
Recreational Facilities (e.g., golf courses) may be proposed for construction to begin with a
particular Phase or Subphase of development and completed in a subsequent Phase or Subphase.
The construction of such Developed On-Site Recreational Facilities shall be completed
consistent with a staging plan in a Site Development Plan approved by the County under Section
5.1 below.
(8) Retail/Commercial Services. Retail and commercial services
shal I be limited to those types and levels of use designed to support the recreation and
convenience needs of the users and employees of Mountain Star and shall not duplicate the full
Suncadia Master Planned Resort Development Agreement (Amended and Restated 12-02-2008) Page 27
Index #32
range of retail and commercial services available in adjacent communities. Retail and
commercial services offered on the resort shall be designed to discourage use from non-resort
users by locating such services well within the site rather than on its perimeter.
(9) CompatibiliW 'With Site and Adjacent Land Uses. The County
shall ensure that MountainStar is compatible with the site and adjacent land uses through
implementation ofthe following measures and guidelines:
(i) Development ofMountainStar must comply •vith all
County development regulations for critical areas set forth in Title 17 A, Critical Areas, of the
Kittitas County Code (the ·'Critical Areas Regulations''), (EXHIBIT I) is incorporated herein by
reference.
(ii) To the maximum extent feasible. vegetation within riparian
corridors. and wetlands regulated under the Critical Areas Regulations, shall be retained in their
natural form; provided, however. that roads and bridges, utilities and trails may pass through
riparian corridors and regulated wetlands provided that any such crossings of regulated wetlands
are subject to appropriate requirements for restoration or replacement of impacted wetlands.
(iii) Improvements and activities within MountainStar shall be
located and designed to minimize any significant adverse effects on other uses in the surrounding
area through establishing and maintaining on-site butTers between !'vtountainStar and adjacent
areas consistent with the Revised MPR Policies. Trails. utilities. passive recreational uses and
private open space may be included within buffers.
(1 0) Additional Development Standards and Design Guidelines.
Additional Development Standards and Design Guidelines associated with the construction of
MounlainStar are anached hereto as EXHIBIT J (Rev. 1 ).
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(11) Density. The overall density (the average number of Master
Planned Resort Accommodation Units per acre) of the Trendwest Property shall not exceed one
(I) Master Planned Resort Accommodation Unit per acre; provided. hov .. ever. that it is
anticipated that the developed portions of the Trendwest Property will achieve much higher
densities than set forth above in order to maximize Open Space.
(e) Subsequent Actions. Trendwest may apply for other land use actions.
approvals. agreements. permits or entitlements (collectively. the '·Subsequent Actions'")
necessary or desirable to the development of :\1ountainStar. Except to the extent additional
environmental review has resulted in the imposition of new conditions pursuant to Sections 4.1 (i)
or 5.1 (c). applications for Subsequent Actions shall be vested pursuant to Section 4.1 (a) to
Applicable Law as set forth in Section 4.1 (c) of this Agreement. Subsequent Actions include
County approval of General Site Plans and/or Site Development Plans for individual Phases or
Subphases of the development of Mountain Star to implement the MountainStar Resort
Conceptual Master Plan. The specific processes for review and approval of General Site Plans
and Site Development Plans are set forth in Section 5.1 below. Subsequent Actions also include.
without limitation. the following: building permits; certificates of occupancy; lot line or
boundary adjustments: subdivisions (including preliminary and final plat approval):
resubdivisions: amendments to, or repeal of. this Agreement, the MPR Approvals or Subsequent
Actions; forest practice permit applications; and shoreline substantial development permits
pursuant to the Shorelines Management Act. Ch. 90.58 RCW. The County reserves the right to
deny or condition applications for Subsequent Actions that are inconsistent with Applicable Law
or this Agreement.
(f) No Conflicting Enactments. Except as otherv-.ise specifically set forth in
Suncadi:; Master Planned Resort Develorment Agreement (Amended and Restated 12-02-2008) Page 29
Index #32
this Agreement, the County, including but not limited to the exercise by the BOCC of the
County's police power or its taxing power. shall not apply to MountainStar or the Trendwest
Property any ordinance. resolution, rule. regulation, standard. directive. condition or other
measure (each, individually, a ··county Lav/') that is in conflict with the Applicable Law
(including this Agreement) or that reduces the rights provided by this Agreement unless agreed
to in writing by Trendwest or imposed by the County through the exercise of its substantive
SEPA authority· pursuant to Sections 4.1 (a) and 4.1 (i) of this Agreement. Without limiting the
generality of the foregoing. any County Law shall be deemed to conflict with Applicable Law.
including this Agreement, if it would accomplish any of the following results, either through any
Subsequent Action or through the imposition of any condition of approval, by specific reference
to MountainS tar in any other enactment, or as part of a general enactment that applies to or
affects MountainStar:
(l) otherwise limit or reduce the densit;. ofMountainStar. or any part
thereof;
(2) otherwise change any land use designation or Permitted or
Conditionally Permitted Use ofthe Trendwest Property;
(3) limit or control the location of buildings. structures, clearing,
grading, or other improvements ofMountainStar in a manner that is inconsistent with or more
restrictive than the limitations in the Applicable Law:
(4) limit or control the availability of public utilities, services or
facilities or any privileges or rights to public utilities. services or facilities (e.g .. water rights,
water connections, sewage capacity rights. sewer connections) for MountainStar, provided that
nothing in this subsection shall be interpreted to limit the authority of any public utility, service
Suncadia Master Planned Resort Development Agreement (Amended and Restated 12·02·2008) Page 30
Index #32
or facility provider that is not a party to this Agreement to require anything legally necessary or
appropriate prior to any commitment to provide such utilities. facilities and/or services;
(5) require the issuance of additional penn its or approvals by the
County other than those required by the Applicable Law;
(6) establish, enact, or increase in any manner applicable to
Mountain Star. \Vhether directly by the BOCC or other County election, or impose against the
development ofMountainStar, any fees, taxes (including. without limitation, generaL special and
excise taxes), assessments, liens or other financial obligations other than (i) those specifically
permitted by this Agreement. and as provided in the MPR Project Development Pennit and
MountainStar MPR Conditions, and (ii) any County-wide taxes or applicable taxing district and
assessments (including an authorized County-wide tax or assessment on master planned resorts
generally if there are two or more master planned resorts approved pursuant to RCW 36.70A.360
in Kittitas County); or
(7) limit the processing of applications for. or the obtaining of,
Subsequent Approvals.
(g) Exceptions to "No Conflicting Enactments.'~ Notwithstanding the "no
conflicting enactments'' provisions of Section 4.1 (f) above. the foliO\ving provisions shall apply:
(1) Uniform Codes. The County may apply the then-current
Washington State Building Code, Chapter 19.27 RCW, and other unifonn construction codes to
new applications for building permits necessary for the development of Mountain Star throughout
the Tenn of this Agreement provided that any such uniform code shall apply to MountainStar
only to the extent that the code has been adopted by the County for application on a county-wide
basis.
Suncadia Master Planned Resort Development Agreement (Amended and Restated 12-02-2008) Page 31
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(2) Life/Safety Road Standards. The County may impose the then-
current road standards n~cessary to address life/safety issues and concerns in accordance with the
provisions of EXHIBIT J (Rev. 1 ). provided that any such I ife/safet:y road standard shall apply to
MountainStar only to the extent such standard has been adopted by the County for application on
a county-wide basis.
(3) Processing Fees. Fees charged by the County which solely
represent the reasonable costs to the County for County staff time and resources spent reviewing
and processing Subsequent Approvals are referred to in this Agreement as ·'Processing Fees.''
The County may charge Trendwest the applicable Processing Fees that are operative and in force
and effect at the time such fees are customarily required by the County to be paid. In addition,
Trendwest and the County shall enter into a staffing and cost reimbursement agrecmcnt(s) which
provides for Trendwest funding of additional County staff or consultant services necessary to
permit the expeditious processing of applications for Subsequent Actions without adversely
affecting the timely review of other approvals requested by third parties unrelated to this
Agreement.
( 4) Results of Monitoring. The County may impose additional
mitigation, may revise required timeframes or scopes of required mitigation. or may otherwise
impose additional conditions reasonably necessary to address the significant impacts identified in
the various monitoring reports required by the MPR Project Development Perrnit and
MountainStar MPR Conditions. lfthe results ofmonitoring demonstrate that impacts which are
the subject of mitigation conditions required by the MPR Project Development Permit or
MountainStar MPR Conditions no longer require such mitigation conditions. or that such
Suncadia Master Plann~d Resort Dt:veloprn~nl Agre~ment (Amended and Restated 12-02-2008) Page 32
Index #32
impacts could be satisfactorily addressed through less stringent mitigation conditions, the County
may waive or modify such mitigation conditions or required timeframes as appropriate.
(h) No Restrictions or Limitations on the Rate or Timing of Development.
Except as provided in the MPR Project Development Permit and MountainStar MPR Conditions.
and Applicable Law. the County shall have no authority to restrict or limit the rate and/or timing
of development for .MountainStar. In the event a County Law (as defined in Section 4.1 (f)) is
enacted, whether by action of the BOCC. the Planning Commission or County staff. or by
initiative or referendum, issuance of a Subsequent Action or any other means. which relates to
growth rate. timing, phasing or sequencing of new development or construction in the County or.
more particularly. development and construction of all or any part ofMountainStar. such County
Law shall not apply to MountainStar or any portion thereof.
(i) Further SEPA Review. In accordance with the Planned Action
Ordinance. the County's environmental review of any Subsequent Action pursuant to SEPA shall
utilize the MountainStar EIS to the fullest extent permitted by law. Under the Planned Action
Ordinance, the County retains substantive SEPA authority to address probable significant
adverse environmental impacts not analyzed in the MountainStar EIS. In addition, further SEPA
review may be required in connection with General Site Plans and Site Development Plans
submitted by Trendwest which propose deviations from the MountainStar Resort Conceptual
Master Plan or from approved General Site Plans or Site Development Plans in accordance with
Section 5.1 below. Conditions resulting from such further SEPA review may be based on then-
current adopted County SEPA policies. Costs associated with any additional SEPA review
required by the County pursuant to this Agreement shall be borne by Trendwest.
Suncadia Iv!astt:r Planned Resort Development Agreement (Amended and Restated 12-02-2008} J>age 33
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4.2 Timing of Construction and Completion. Except as provided in a Site
Development Plan approved pursuant to Section 5.1 below or Applicable Law. there is no
requirement that Trendwest initiate or complete development of Mountain Star within any
particular period of time, and the County shall not impose such a requirement on any Subsequent
Action. Subject to the foregoing. the Parties agree that Trendwest shall be able to develop
MountainStar in accordance with Trendwest's own time schedule in light of market conditions.
and that Trendwest shall detennine the order in which Phases ofMountainStar shall be
developed.
Section 5. COOPERATION-IMPLEMENTATION
5.1 General Site Plan and Site Development Plan Process.
(a) Purpose. The planning and approval process for the development of
MountainStar is intended to proceed from the general to the specific, generally in the following
sequence: (i) MountainStar Resort Conceptual Master Plan; (ii) General Site Plan: (iii) Site
Development Plan(s): and (iv) platting (if required). The MountainS tar Resort Conceptual
Master Plan. as approved and conditioned through the MPR Project Development Penn it and
MountainStar MPR Conditions. together with the Development Ab,rreement. are intended to
provide the generaL conceptual development plan tor MountainStar. It is anticipated that field
conditions. market factors, environmental constraints and opportunities, design considerations
and other similar factors will cause the MountainStar Resort Conceptual Master Plan and
Development Agreement to change and be refined from time to time. Such changes and
refinements may be included in implementing the General Site Plans and Site Development
Plans described below. as well as in preliminary and final plats and building pennits.
Suncadia Master Planned Reson Development Agreement (Amended and Restated 12-02-2008) Page 34
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The MountainStar Resort Conceptual Master Plan, Development Agreement and
the MPR Project Development Permit and MountainStar MPR Conditions shall be implemented
through submission to and approval by the County of General Site Plans and Site Development
Plans in accordance with this Section 5.1.
General Site Plans may be submitted to the County in the discretion ofTrendwest
but shall not be a prerequisite to the submittal by Trendwest of a Site Development Plan for
County approval. The boundaries of a General Site Plan shall be determined by Trend west, and
may encompass a Resort area which includes one or more proposed Phases, a group of
Subphases. a Subphase. or a discrete element of the Resort. A General Site Plan may be
geographically broader than a subsequent. related Site Development Plan (e.g. a General Site
Plan may encompass an entire Phase while a subsequent, related Site Development Plan may
encompass only a single Subphase within such Phase). A General Site Plan is a planning tool
which provides a frame of reference that is more detailed than the MountainStar Resort
Conceptual Master Plan, but is less detailed than a subsequent, related Site Development Plan.
An approved General Site Plan provides the County with additional information with which to
evaluate a subsequent. related Site Development Plan(s), while also providing Trendwest with
County approval and planning certainty with respect to matters such as areas and types of land
use. general location of roadways. open space, recreational facilities and amenities, and overall
relationship to adjacent areas of MountainStar.
A Site Development Plan may address an area covered by a General Site Plan, or
a smaller area. General Site Plans and Site Development Plans shall be submitted to, reviewed
and approved by the County in accordance with this Section 5.1.
Suncadia Master Planned Reson Development Agreement (Amended and Restated 12-02-2008) Pagt: 35
Index #32
(b) General Site Plan Wbicb Is Consistent With Conceptual Master Plan
and the Development Agreement. A General Site Plan that is consistent with the approved
MountainStar Resort Conceptual Master Plan and the Development Agreement shall be
submitted to the Planning Director and reviewed and approved by the Planning Director in
accordance with this Section 5.1 (b). Before approving a General Site Plan. the Planning Director
shall provide public notice and submit such proposed General Site Plan to the Environmental
Health Director, Building Inspector. Fire Marshall. County Engineer. Sheriff. Solid Waste
Department and any other County offices or officials deemed appropriate for their review and
comment. A General Site Plan shall be approved by the Planning Director ifthe Planning
Director finds that such General Site Plan is consistent with: (i) the MPR Approvals. including
the MountainStar Resort Conceptual Master Plan; (ii) this Agreement; and (iii) Applicable Law.
(c) General Site Plan Wbicb Deviates From Conceptual Master Plan or
the Development Agreement. In recognition that site-specific implementation ofthe
MountainStar Resort Conceptual Master Plan and the Development Agreement will be affected
by market environmental and field conditions. or other factors. throughout the Term of this
Agreement, the BOCC may approve a General Site Plan that includes deviations from the
Conceptual Master Plan and the Development Agreement in accordance with the provisions of
this Section S.l(c). A General Site Plan that does not deviate significantly from the Conceptual
Master Plan or Development Agreement may be reviewed and approved by the BOCC in the
manner set forth in Section 5.1 (b) above. For all purposes under this Section 5.1. insignificant
deviations from the Conceptual Master Plan or the Development Agreement proposed in a
General Site Plan may include, but shall not be limited to: (i) the location of roads. trails and
utilities, (ii) Developed On-Site Recreational Facilities and Visitor-Oriented Amenities, provided
Suncadia Master Planned Resort Development Agreement (Amended and Restated 12-02-2008) Page 36
Index #32
the overall scale and intensity of such facilities and amenities shall not significantly exceed the
scale and intensity of such facilities and amenities analyzed in the MountainS tar EIS, (iii) the
location, quantity and type of Master Planned Resort Accommodation Units. provided overall
housing density at full build-out shall not exceed 4,650 Master Planned Reson Accommodation
Units, and (iv) changes allowed under Section 4.1 (g)(2) and Section 6. I. If. notwithstanding the
foregoing, the BOCC detennines that a proposed General Site Plan deviates significantly from
the Conceptual Master Plan or the Development Agreement, then the General Site Plan shall be
reviewed and acted upon by the BOCC following Community Development Services review and
recommendations and. should the BOCC so elect, the review and recommendation of the
Planning Commission. In order to approve a deviation from the Conceptual Master Plan or
Development Agreement proposed in a General Site Plan. the BOCC shall find that the probable
significant adverse environmental impacts associated with such deviation are the same as, or are
not significantly greater than, those impacts analyzed in the MountainStar EIS. In the event the
BOCC finds that any such significant deviation is likely to have new. probable significant
adverse impacts that are not mitigated. or impacts significantly greater than those analyzed in the
MountainStar EIS, the County shall conduct further environmental review under SEPA and may
impose additional mitigation conditions as deemed necessary, consistent with the Planned Action
Ordinance. All approved deviations shall be documented by the County, and, unless such
documentation indicates to the contrary. shall be allowed for Subsequent Actions without further
review or approval or statements required under Sections 5.1 (g)(3) or 5.1 (h)(ll )or amending
action under Section 6.2.
(d) Review and Approval of Site Development Plan. A Site Development
Plan shall be reviewed and approved by the County in the same manner as General Site Plans
Suncadia Master Pianned Reson Development Agreement (Amended and Restated 12-02-2008) Page 37
Index #32
pursuant to Sections 5.l(b) and 5.l(c) above: provided, however. that: (i) a Site Development
Plan which is consistent with the MountainStar Resort Conceptual Master Plan and the
Development Agreement or an approved General Site Plan and a Site Development Plan which
deviates from the Conceptual Master Plan or the Dc~elopment Agreement or. alternatively. and
if applicable. from an approved General Site Plan in an insignificant way(s) may be reviewed
and approved by the BOCC without Planning Commission reviev·•: and (ii) a Site Development
Plan which deviates from the Conceptual Master Plan or the Development Agreement or,
alternatively, and if applicable. from an approved General Site Plan in significant way(s) shall be
reviewed and acted upon by the BOCC following the process set forth in Section 5.1(c) above.
(e) Amendment to Conceptual Master Plan, Development Agreement or
Approved General Site Plan or Site Development Plan. Proposed amendments to the
MountainStar Resort Conceptual Master Plan, the Development Agreement or an approved
General Site Plan or Site Development Plan shall be submitted and reviewed as set forth in
Sections 5.I(b), (c) and (d) and in Section 6.
(f) Effect of Approval. Approval by the County of a General Site Plan will
constitute County approval of the general site plan set forth in such General Site Plan. including
but not limited to matters such as areas and types of land use, general location of roadways, open
space. recreational facilities and amenities. and overall relationship to adjacent areas of
MountainStar. Approval by the County of a Site Development Plan will constitute County
approval of the specific site plan set forth in such Site Development Plan, and shall serve as
authorization to construct Utilities provided for in that Site Development Plan and other
improvements that do not require building or construction permits under the County Code.
Approval of a Site Development Plan shall also serve as authorization for the submission of
Suncadia Master Planned Resort Development Agreement (Amended and Restated 12-02-2008) Page 38
Index #32
building permit applications for structures that do not require approval of a plat application, if
such plat application was not submined for review and approval concurrent with the Site
Development Plan. Approved General Site Plans and Site Developmem Plans which include
deviations from the MountainStar Resort Conceptual Master Plan shall be deemed to have
amended such Conceptual Master Plan to the extent of such deviations.
(g) Submittal Requirements for General Site Plan. A proposed Gem:ral
Site Plan shall include the following:
(1} A vicinity map showing the planning area and its relationship to
surrounding areas;
(2) A map of the applicable site drawn to an appropriate scale
depicting the following:
(i) Arrangement ofland uses by type (Master Planned Resort
Accommodation Units, including Short-Term Visitor Accommodation Units, Visitor-Oriented
Amenities, Developed On-Site Recreational Facilities, Open Space and other Permined and
Conditionally Permitted Uses);
(ii) Elevation contours at intervals appropriate tor site terrain;
(iii) The location and type of any Developed On-Site
Recreational Facilities:
(iv) The location of Open Space areas; and
(v) The general location of road right-of-ways.
(3) A statement identif},ing any deviation(s) between such plan and the
.\1ountainStar Conceptual Master Plan or the Development Agreement:
(4) Any appropriate environmental documentation: and
Suncadi<J Master Planned Resort Development Agreement (Amended and Rc:;talcd 1.2-02-2008) Page 39
Index #32
(5) At the option ofTrcndwest preliminary boundaries and Jot lines
for parcels and lots.
(h) Submittal Requirements for Site Development Plan. A proposed Site
Development Plan for the entire MountainStar project, or Phase or Subphase thereof. shall
include the following:
(1) A vicinity map showing the location ofthe Resort area
encompassed within such plan;
(2) A map of the applicable site drawn to an appropriate scale
depicting the following:
(i) Arrangement of land uses by type (Master Planned Resort
Accommodation Units. including Short-Term Visitor Accommodation Units. Visitor-Oriented
Amenities. Developed On-Site Recreational Facilities, Open Space and other Permitted Uses).
including descriptions of land use and approximate percentage of land in each use category;
(ii) Boundaries and lot lines for all parcels and lots:
(iii) Elevation contours at intervals drawn to an appropriate
scale for the Resort area encompassed within the plan:
(iv) Names and dimensions of public roads bounding or near
the site:
(v) Preliminary engineering plans, including site grading. road
improvements. drainage and public utilities extensions:
(vi) Location of all buildings identified by type of use:
(vii) Location and number of off-street parking areas. including
type of surfacing; and the approximate number of spaces to be provided:
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(viii) The location, type and dimensions. and names of roads and
driveways:
(ix) The location. type and dimensions of Developed On-Site
Recreational Facilities:
(x) The locations and calculations of the total area of Open
Space and percentages: and
(xi) Proposed location of fire protection facilities.
(3) A statement describing the development plan in relationship to
adjacent development and natural features;
(4) A description of the Master Planned Resort Accommodation Units
(including Short-Term Visitor Accommodation Units). Visitor-Oriented Amenities. Developed
On-Site Recreational Facilities, Open Space and other Permitted and Conditionally Permitted
Uses proposed by Trendwest for the Resort area encompassed within the Site Development Plan;
(5) A description of plans tor landscaping (including tree planting) and
restoring natural areas affected by construction and the preserving Open Space:
(6) Provisions to ensure permanence and maintenance of Open Space
(a sample format for addressing Open Space requirements is attached hereto as EXHIBIT \1
(Rev. 1) and incorporated herein);
(7) A description outlining future land ownership patterns within the
development. including any planned homeowners' associations, and proposed CC&Rs. if any:
(8) Proposed plans for: (i) water supply·, including demand and supply
assumptions and methodologies used to develop such plan; (ii) water supply storage and
Suncadia Master Planned Resort Development Agreement (Amended and Restated 12-02-2008) Page 41
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distribution systems: (iii) sewage collection. treatment and disposal; (iv) surface water
management: and (v) solid waste management:
(9) A staging plan describing the timing or sequence of construction
for all the elements of the Site Development Plan, including Developed On-Site Recreational
Facilities and Visitor-Oriented Amenities:
(10) Results of monitoring as required by the MountainStar MPR
Conditions and Section 4.1 (g)(4) above as of the date of submittal of the Site Development Plan:
(11) A statement identif),ing any deviation(s) between such plan and the
MountainStar Resort Conceptual Master Plan or the Development Agreement or. alternatively.
and if applicable. an approved General Site Plan: and
(12) Any appropriate environmental documentation.
(i) Application for Building Permit Accompanying Proposed Site
Development Plan. If a proposed Site Development Plan (or an amendment to an approved
Site Development Plan) also includes an application for a building pennit for a building
requiring potable water. satisfactory evidence pursuant to RCW 19.27.097( 1) of an adequate
water supply for the intended use of each such building shall be provided to the County. which
evidence may be in the fonn of a water right permit from the Department of Ecology, a letter
ftom an approved water purveyor stating the ability to provide water. or another form the
Environmental Health Director deems sufficient to verifY the availability of an adequate water
supply: provided, however, that building permits may be issued without proof of permanent
potable water for structures other than Master Planned Resort Accommodation Units that will
not be occupied full-time (e.g. model homes constructed for marketing purposes and sale(s)
office). which may, if necessary. be served by temporary sources ofwater.
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5.2 Subdivision Applications.
(a) Applications to subdivide property within MountainStar shall be submitted
consistent with this Agreement and the requirements of Title I 6 KCC, Plats. Subdivisions,
Dedications, and Ch. 58.17 RCW. Plat applications may be submitted and processed
concurrently with review of a Site Development Plan under Section 5.1 above. Plat applications
may be submitted for all or a portion of the proposed MountainStar development covered by a
Site Development Plan.
(b) Notwithstanding any provision ofTitle 16 KCC. Subdivisions, seemingly
to the contrary, a plat application submitted to implement development of all or a portion of a
Site Development Plan seeking preliminary and/or final plat approval shall be approved by the
BOCC upon a finding that any such application is consistent with: (i) the MPR Approvals: (ii)
an approved Site Development Plan: (iii) the requirements of Chapter 58.17 RCW regarding
plats. subdivisions and dedications: and (iv) the terms and conditions of this Agreement. In the
event the BOCC determines that any plat application submitted to implement the development of
all or a portion of Site Development Plan is inconsistent with the terms and conditions of (i) the
MPR Approvals; (ii) an approved Site Development Plan: (iii) the requirements of Chapter 58.17
RCW regarding plats, subdivisions and dedications, or (iv) the terms and conditions ofthis
Agreement, then the BOCC shall require Trendwest to revise such plat application, MountainStar
Resort Conceptual Master Plan. the Development Agreement, General Site Plan or Site
Development Plan as may be necessary to ensure consistency. Approval of any subdivision
application related to MountainStar shall include 'Nritten findings as required by RCW
58.17.110.
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(c) A preliminary plat application may be approved by the BOCC without
evidence of an adequate water supply to meet the needs of such proposed subdivision, provided
that such evidence must be provided to the BOCC prior to final plat approval. Appropriate
provisions shall have been made for the public health. safety and general welfare, including with
respect to proposed se\vage disposal and water supply systems, including potable water supplies.
in accordance with RCW 58.17 .II 0 with respect to any final plat that is consistent with
Applicable Law. this Agreement and the MountainStar MPR Conditions.
5.3 Infrastructure, SurefJ Bonding or Other Assurances. Infrastructure identified
by Trendwest in an approved Site Development Plan must be provided and available for use
before the issuance of the first certificate of occupancy for Master Planned Resort
Accommodation Units included within such plan. For purposes of final plat approval or issuance
of building pennits. infrastructure may be guaranteed through surety bonding or other financial
assurance device (e.g. letter of credit) acceptable to the Count)'. The estimated costs of
providing all such guaranteed Infrastructure shall be reviewed and approved by the County
Public Works Director or designee. Surety bonding or other acceptable financial device (e.g.
letter of credit) provided to the County shall be in an amount equal to at least one hundred ten
percent (11 0%) percent of such estimated costs as determined by Trendwest's architects and
engineers. The County shall have the right, at its expense, to retain its own architects and
engineers to verify Trendwest' s estimated costs hereunder.
5.4 Permit Issuance. Building permits and other Subsequent Actions required for
the development ofMountainStar shall be issued only after the County building official confirms
with the Planning Director that the work to be performed under the building permit or
Subsequent Action substantially conforms with an approved Site Development Plan.
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5.5 Processing of Subsequent Actions.
(a) Upon submission by Trendwest of all appropriate applications and
processing fees for any Subsequent Action necessary for MountainStar, the County shall
promptly and diligently commence and complete all steps necessary to act on the application for
a Subsequent Action including, without limitation, (i) the notice and holding of all required
public hearings, and (ii) granting the Subsequent Action application as set forth below.
(b) The Counry·s obligations under Sections 4.1 (e) and 5.1 of this Agreement
are conditioned on Trend west" s timely provision to the County of all documents, applications.
plans, and other information necessary for the County to meet such obligations and Trend west
entering into a staffing and cost reimbursement funding agreement pursuant to Section 4.1 (g)(3)
above. It is the express intent ofTrendwest and the County to cooperate and work diligently and
in good faith to obtain any and all Subsequent Actions.
(c) The County may deny an application for a Subsequent Action only if (i)
such application does not comply with Applicable Law, (ii) such application is inconsistent with
the MPR Project Development Permit and MountainStar MPR Conditions, or (iii) the County is
unable to make all findings related to the Subsequent Action required by state law. The County
may approve an application for such a Subsequent Action subject to any conditions necessary to
bring the Subsequent Action into compliance with Applicable La\\· or to make the Subsequent
Action consistent with the MountainStar Resort Conceptual Master Plan, and the MPR Project
Development Permit and MountainStar MPR Conditions, so long as such conditions comply
with Section 4.l(c) of this Agreement. lfthc County denies an.Y application for a Subsequent
Action, the County must specify in making such denial the modifications required to obtain
approval of the application. Any such specified modifications must be consistent with
Suncadiu Master Planned Resor. Development Agreement (Amended and Restated 12-02-2008) Page 45
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Applicable Law (including Section 4.1{c) of this Agreement), and the County shall approve the
application if subsequently resubmitted for the County· s review if it complies with the specified
modifications.
5.6 Eminent Domain Power. The County shall cooperate with Trendwest in
implementing the MountainStar Resort Conceptual Master Plan. the MPR Project Development
Permit and MountainStar MPR Conditions, and the Subsequent Actions. If the following
conditions are met, the County's obligation to cooperate with Trcndwest to allow it to comply
with a MountainStar MPR Condition, provision of Applicable Law, or requirement in connection
with an application for a Subsequent Action shall include the lawful usc by the County of its
eminent domain power: (i) the use of such power shall be limited to conditions related to traffic
impacts (e.g. required improvements to a public road): (ii) Trendwest shall have first made every
reasonable effort to comply with such condition. law or application requirement without the
exercise by the County of its power of eminent domain: (iii) Trendwest shall have considered
reasonable modifications to the development ofMountainStar that could eliminate the need for
the County to exercise its power of eminent domain in connection with such condition, law or
application requirement: and (iv), if applicable, the County has chosen not to waive or amend the
requirements of such condition, law or application requirement. Trend west shall be responsible
for its Proportionate Share of any and all costs (Including real property acquisition costs)
incurred by the County in the exercise of its power of eminent domain hereunder.
5.7 Other Governmental Permits. Trendwest shall apply for such other permits and
approvals as may be required by other governmental or quasi-governmental agencies in
connection with the development of, or the provision of services to, MountainS tar. The County
shall cooperate with Trendwest in its efforts to obtain such permits and approvals.
Suncadia Master Planned Resort Development Agreement I Amended and Restated 12-02-200l!) Page ·16
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Section 6. AMENDMENT
This Agreement may be amended from time to time, in whole or in part, by mutual
written consent of the Parties or their successors in interest, in accordance with this Agreement
as follows, provided that. except to the extent any amendment pertains to any Parcel
Obligation(s) which has been assigned or transferred by Trendwest. "successors in interest" shall
not include and shall not require the consent of any person or entity acquiring property or rights
within the MPR:
6.1 Insubstantial Amendments. Any amendment to this Agreement that does not
relate to (i) the Tenn of this Agreement, (ii) Permitted or Conditionally Pennitted Uses for
MountainStar and the Trendwest Property. (iii) provisions for reservation or dedication ofland.
(iv) conditions. tenns, restrictions, or requirements for discretionary decisions in connection with
Subsequent Actions, (v) the density or intensity of use ofMountainStar, (iv) the development
standards for MoumainStar. or (vii) monetary contributions by Trendwest. shalt not, except to
the extent otherwise required by law, require notice or public hearing before the Parties may
execute an amendment to this Agreement. The County retains the authority to reviev.· and
approve insubstantial amendments in an open public meeting.
6.2 Amendments of the MPR Approvals or Subsequent Actions. No amendment
of the MPR Approvals or any Subsequent Action shall require amendment to this Agreement.
Instead. any such amendment automatically shall be deemed to apply to Mountain Star and made
subject to this Agreement. Nothing in this subsection shall modify the limitations applicable to
such amendments established by this Agreement.
6.3 Parties Required to Amend. \\·'here a portion ofTrendwest's rights or
obligations have been transferred pursuant to a "Transfer Agreement" as defined in Section 9
Suncadia Master Planned Resort Devdopment Agreement (Amended and Restated 12-02-2008) Page 47
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below, the signature of the person to whom such rights or obligations have been transferred shall
not be required to amend this Agreement unless such amendment would materially alter the
rights or obi igations of such transferee; provided. however, that any such transferee shall be
provided with thirty (30) days· prior written notice of any amendment to this Agreement.
COOPERA TJON IN THE EVENT OF LEGAL CHALLENGE Section 7.
7.1 Cooperation. In the event of any administrative, legal or equitable action or
other proceeding instituted by any person not a party to this Agreement challenging the validity
of any provision of the MPR Approvals. this Agreement, or any Subsequent Action, the Parties
shall cooperate in defending such action or proceeding to settlement or final judgment. including
all appeals. Each Party shall select its own legal counsel and retain such counsel at it.c:; own
expense; provided, however. that Trend west will reimburse the County for the costs of its legal
defense of any claim in court (as opposed to administrative or quasi-judicial administrative body)
that the County lacked authority to enter into this Agreement or any material provision thereof.
Section 8. DEFAULT
8.1 Defaults. Any failure by either Party to perfonn any term or provision ofthis
Agreement, which failure continues uncured for a period of sixty (60) days following written
notice from the other Party (unless the Parties have mutually agreed in writing to e;-.."tend this
period) shall constitute a default under this Agreement. Noncompliance by Trendwest with the
MountainStar MPR Conditions or any one of them shall not constitute a default hereunder.
Noncompliance by Trendwest with any MountainStar MPR Condition shall be resolved in
accordance with the processes and procedures for same set forth in such MountainStar MPR
Conditions. Any notice of default shall specify the nature of the alleged default and, where
appropriate, the manner in which the alleged default may be satisfactorily cured. If the nature of
Suncad1a Master Planned Resort Development Agreement (Amended und Restated 12·02-2008) Page 48
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the alleged default is such that it cannot reasonably be cured within the 60-day period, then the
commencement of actions to cure the alleged default within the 60-day period. and diligent
prosecution of actions necessary to complete the cure of the alleged default after the 60·day
period. shall be deemed to be a cure within the 60-day period. Upon a default of this Agreement
that is not cured as provided above, the non-defaulting Party may institute legal proceedings to
enforce the terms of this Agreement. If the default is cured, then no default exists and the
noticing Party shall take no further action.
8.2 Enforced Delay; Extension of Time of Performance. Notwithstanding
anything to the contrary contained herein. neither Party shall be deemed to be in default where
delays in performance or failures to perform are due to war, insurrection, strikes or other labor
disturbances, walk.outs. riots. floods. earthquakes. fires. casualties. acts of God. restrictions
imposed or mandated by other governmental entities. enactment of conflicting state or federal
laws or regulations. extended appeals, or similar basis for excused performance which is not
within the reasonable control of the Party to be excused. Upon the request of either Party, an
extension oftime for such cause shall be granted in writing for the period of the enforced delay.
or longer as may be mutually agreed upon. ln the event such delays preclude development of
MountainStar in an economically feasible manner consistent with the MountainStar Resort
Conceptual Master Plan and the other MPR Approvals. the parties agree to negotiate in good
faith to revise or terminate this Agreement.
ASSIGNMENT; TR.o\.NSFER; NOTICES Section 9.
9.1 Assignment oflnterests, Rights and Obligations. Trendwest shall have the
right to assign or transfer all or any portion of its interests, rights. obligations or responsibilities
under this Agreement, including the MPR Approvals and the Subsequent Actions. to third parties
Suncadia Master Planned Resort Development Agrr:cment (Amended and Restated 12..0:!-2008) Page 49
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acquiring an interest in MountainStar or the Trendwest Property, or any portion thereof.
including, without limitation. purchasers or long-term ground lessees of individual lots, parcels.
or any lots. condominiums, timeshares, homes or facilities comprising a portion ofMountainStar.
Such assignments or transfers shall be made pursuant to a written agreement (''Transfer
Agreement") with consent as described in Section 9.2 below, or, if applicable. without consent as
described in Section 9.3 below.
9.2 Transfer Agreements Requiring Consent.
(a) Trendwest may enter into a written agreement ("'Transfer Agreement'') to
transfer or assign all or any portion ofTrendwest's interests, rights, obligations and
responsibilities under this Agreement. including the MPR Approvals and the Subsequent
Actions, and to release Trendwest from its obligations and responsibilities pursuant to this
Agreement, and the MPR Approvals and Subsequent Actions, but only after obtaining written
consent from the County as described in this section, unless such transfer falls within those types
of transfers not requiring consent pursuant to Section 9.3 belo\v. Such Transfer Agreement may:
(i) release Trendwest from obligations under this Agreement, including the MPR Approvals and
Subsequent Actions, that pertain to that portion ofMountainStar being transferred, provided the
transferee expressly assumes such obligations and responsibilities: (ii) transfer to the transferee
vested rightc; to improve that portion ofMountainStar being transferred. and (iii) address any
other matter deemed by Trendwest or the County to be necessary or appropriate in connection
with the transfer or assignment.
(b) Such Transfer Agreement shall not take effect unless and until the County
has consented in writing to such transfer. The County's consent shall not be unreasonably
withheld, conditioned. or delayed. To the extent any Transfer Agreement relates to mitigation
Suncadia M.,_~ter Planned Reson Development Agreement (Amended and Restated 12-0:!-2008) Page 50
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measures designed to specifically benefit an Affected Jurisdiction or Public Body, the County
shall not give its consent to such transfer until it has first consulted with such Affected
Jurisdiction or Public Body regarding such transfer. Written notice of the proposed Transfer
Agreement shall be mailed, first-class, to the County and any Affected Jurisdiction or Public
Body in the matter set forth in Section 9.4 below at least forty-five ( 45) days in advance of the
proposed date of transfer. Failure by the County to respond within forth-five (45) days after
receipt of a request made by Trendwest for such consent shall be deemed to be the County's
approval of the Transfer Agreement in question. The County may refuse to give its consent to a
Transfer Agreement only ifthere is a material reason for such refusal. including without
limitation, (i) the transferee's failure to perfonn under a similar development agreement or (ii) a
failure to demonstrate adequate financial capability to perfonn the obligations proposed to be
assumed by such transferee. The County shall be entitled to contract at Trendwest's expense
with third parties to assist with a reasonable due diligence review of a proposed Transfer
Agreement. County determinations shall be made by the BOCC and are appealable to the
Kittitas County Superior Court by Trendwest or an Affected Jurisdiction or Public Body. The
effective date of aT ransfer Agreement that is subject of an appeal to the Kinitas County Superior
Court by an Affected Jurisdiction or Public Body shall not be stayed unless the AITected
Jurisdiction or Public Body has timely secured appropriate judicial relief enjoining such Transfer
Agreement from becoming effective.
(c) Any Transfer Agreement shall be binding on Trendwest, the County and
the transferee. Upon approval of a Transfer Agreement by the County, Trendwest shall be
released from those obligations and responsibilities assumed by the transferee therein.
Suncadia Master Planned Reson Development Agreement (Amended and Restated 12-02-2008) Page 51
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(d) Trendwest shall be free from any and all liabilities accruing on or after the
date of any assignment or transfer with respect to those obligations assumed by a transferee
pursuant to an approved Transfer Agreement. '1\;o breach or default hereunder by any person that
assumes any ponion ofTrendwesfs obligations under this Agreement pursuant to an approved
Transfer Agreement shall be attributed to Trendwest, nor may Trendwest's rights hereunder or
under the MPR Approvals be canceled or diminished in any way by any such breach or default.
(e) No breach or default hereunder by Trendwest shall be attributed to any
person succeeding to any portion ofTrendwest's rights or obligations under this Agreement. nor
shall such transferee's rights be cancelled or diminished in any way by any such breach or
default.
9.3 Transfer Agreements Not Requiring Consent.
(a) The provisions of Section 9.2 above notwithstanding, a Transfer
Agreement shall not require County consent or County consultation with an Affected Jurisdiction
or Public Body if such agreement relates to the transfer of: (i) any single residential parcel
conveyed to a purchaser. (ii) any condominium, time-share or fractionally-ovmed unit conveyed
to a purchaser. (iii) any property transferred as fewer than twenty (20) lots in a single transaction
to a single builder, or (iv) any property that has been established as a separate legal parcel for a
golf course, commerciaL open space. park, hoteL or other use agreed to by Trendwest and the
County as long as Trendwest or its assigns retain all obligations and responsibilities pursuant to
this Agreement, and the MPR Approvals and Subsequent Actions, except for those obligations
and responsibilities that can be fulfilled exclusively within the boundaries of, and by the
development upon, the parcel or parcels transferred ("Parcel Obligation"). Parcel Obligations
include, by way of illustration and without limitation. such items as individual lot landscaping or
Suncadia Ma~tcr Planrn.'d Resort Development Agreement (Amended and Restated 12-02-2008) Page 52
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buffering requirements. building setback. height or design requirements. wood-burning stove
prohibitions, and access and infrastructure to be constructed solely within the boundaries of the
parcel and intended to serve only the huilding(s) or uses located within that parcel. To be
eligible for a transfer without consent pursuant to this subsection. Trendwest or its assigns shall
retain all obligations and responsibilities pursuant to the MPR Approvals and Subsequent
Actions (other than those that can be fulfilled exclusively within the boundaries of, and by the
development on. the individual parcel). including. by way of illustration and without limitation,
such items as overall project impact monitoring, public facility and fiscal impact mitigation
(except for parcels transferred to a single builder hereunder), overall infrastructure necessary to
serve more than one parcel of the Resort development, and offsite traffic mitigation.
(b) The transferee in such a transaction and its successors shall be deemed to
have no obligations under this Agreement other than the Parcel Obligations. provided that the
transferee shall be bound by all conditions in the MPR Project Development Permit and
MountainStar MPR Conditions deemed applicable by Trendwest and the County and embodied
in CC&Rs. and shall continue to benefit from the vested rights provided by this Agreement for
the duration of the Term. Nothing in this section shall exempt any property transferred from
payment of applicable fees and assessments or compliance with applicable conditions of
approval.
9.4 Notices. Any notice or communication required by this Agreement between the
County and Trendwest must be in writing. and may be given either personally, electronically
\Vith evidence or receipt or by express delivery service. return receipt requested. lfgiven by
registered or certified mail, such notice or communication shall be deemed to have been given
and received on the first to occur of (i) actual receipt by any of the addressees designated below
Suncadia Master Planned Resort Development AgTeement (Amended and Restated 12-02-2008) Page 53
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as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified
letter containing such notice, properly addressed, with postage prepaid, is deposited in the United
States mail. If personally delivered or if delivery is made electronically or by express delivery
service. a notice shall be deemed to have been given when delivered to the party to whom it is
addressed. Any Party may at any time, by giving ten (I 0) days written notice to the other Party.
designate any other address in substitution of the address to which such notice or communication
shall be given. Such notices or communications shall be given to the Parties at their addresses
set forth below:
If to the County, to:
With copies to:
If to Suncadia, to:
Kittitas County Board of Commissioners
Kittitas County
Kittitas County Courthouse
205 West 5th, Room II 0
Ellensburg, Washington 98926
Telephone: (509) 962-7508
Facsimile: (509) 962-7679
Email: bocc@co.kittitas.wa.us
Director of Community Development Services
Kittitas County
411 K Ruby Street. Suite 2
Ellensburg. Washington 98926
Telephone: (509) 962-7506
Facsimile: (509) 962-7697
Email: cds@co.kittitas.wa.us
Prosecuting Attorney
Kittitas County
Kittitas County Courthouse
205 West 5111 • Room 213
Ellensburg, Washington 98926
Telephone: (509) 962-7520
Facsimile: (509) 962-7022
Email: prosecutor@co.kittitas.wa.us
Suncadia LLC
4244 Bullfrog Road. Suite 1
Clc Elum, Washington 98922
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Attn: Managing Director
Telephone: (509) 649~3000
Facsimile: (509) 649-3059
Email:
With copies to:
Hillis, Clark., Martin & Peterson, P.S.
500 Galland Building
1221 Second A venue
Seattle, Washington 9810 I
Attn: Steven R. Rovig
Telephone: 206-623-1745
Facsimile: 206-623-7789
Email: srr@hcmp.com
Lathrop, Winbauer. HarreL Slothower & Denison LLP
201 w. 71h
P.O. Box 1088
Ellensburg, W A 98926
Attn: F. Steven Lathrop
Telephone: (509) 925-6916
Facsimile: (509) 962-8093
Email: steve@lwhsd.com
Section 10. MISCELLANEOUS
10.1 Incorporation of Recitals and Introductory Paragraph. The Recitals
contained in this Agreement and the preamble paragraph preceding the Recitals, are hereby
incorporated into this Agreement as if fully set forth herein.
10.2 Severability. If any term or provision in this Agreement. or the application of
any term or provision of this Agreement to a patticular situation, is held by a court of competent
jurisdiction to be invalid, void or unenforceable. the remaining terms and provisions of this
Agreement. or the application of this Agreement to other situations. shall continue in full force
and effect unless amended or modified by mutual consent of the parties. Notwithstanding the
foregoing, if any material provision of this Agreement, or the application of such provision to a
Suncadia Master Planned Reson Development Agreement (Amended and Restated 12-02-2008) Page 55
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particular situation. is held to be invalid, void or unenforceable, Trendwest may, in Trendwest's
sole discretion, terminate this Agreement by providing written notice of termination to the
County.
10.3 Other Necessary Acts. Each Party shall execute and deliver to the other all other
further instruments and documents that are reasonably necessary to carry out and implemem the
MPR Approvals and the Subsequent Actions and that are necessary to provide to the other Party
the full and complete enjoyment of its rights and privileges under this Agreement.
10.4 Other Miscellaneous Terms. The singular shall include the plural. the
masculine gender shall include the feminine: '"shall" is mandatory; ''may'" is permissive.
10.5 Covenants Running with the Land. Subject to Section 9 ofthis Agreement, all
of the provisions contained in this Agreement shall be enforceable as equitable servitudes and
shall constitute covenants running with the land pursuant to Washington law. Each covenant
herein to act or refrain from acting is for the benefit of or a burden upon MountainStar, as
appropriate. runs with the Trendwest Property and, subject to Section 9 of this Agreement, is
binding upon each successive owner of all or a portion of the Trend west Property during its
ownership of such property.
10.6 Remedies. ln addition to the remedies set forth in the MountainStar MPR
Conditions, either Party may, in addition to any other rights or remedies. institute an equitable
action to cure. correct, or remedy any default: enforce any covenant or agreement herein; enjoin
any threatened or attempted violation thereof: enforce by specific performance: the obligations
and rights of the parties hereto: or obtain any remedies consistent with the foregoing and the
purpose of this Agreement. In no event shall either Party be entitled to recover from the other
Suncadia Master Planned Resort Devt:lopmcnt Agreement (Amended and Restated 12-02-2008) Page 56
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Party, either directly or indirectly. damages. costs or attorneys' fees in any legal or equitable
action.
10.7 Washington Law. This Agreement shall be construed and enforced in
accordance with the Jaws of the state ofWashington.
I 0.8 Attorneys' Fees. In the event of any litigation or arbitration between the Parties
regarding an alleged breach of this Agreement, neither Party shall be entitled to any award of
attorneys' fees.
10.9 Covenant of Good Faith and Fair Dealing. Each Party shall use its best efforts
and take and employ all necessary actions to ensure that the rights secured by the other Party
through this Agreement can be enjoyed and neither Party shall take any action that will deprive
the other Party of the enjoyment of the rights secured through this Agreement.
10.10 No Third-Party Beneficiaries. Except as expressly provided for and limited in
(i) Section 4.1(g)(4). Results ofMoniloring and (ii) Section 9.2. Transfer Agreements Requiring
Consent, conveying certain limited rights upon Affected Jurisdictions and Public 13odies. this
Agreement is for the benefit of the Parties hereto only and is not intended to benefit any other
person or entity. and no person or entity not a party to this Agreement shall have any third-party
beneficiary or other rights whatsoever hereunder.
10.11 Conflicts. In the event of a conflict, the tenns and conditions set forth in the
MountainStar MPR Conditions shall prevail over the terms and conditions of this Agreement.
and the terms and conditions of this Agreement shall prevail over the terms and conditions of
other MPR Approvals and Applicable Law.
Section 11. ENTIRE AGREEMENT, COUNTERPARTS AND EXHIBITS
Suncadia Master Planned Reson Devci(>pmcnt Agreement (Amended and Restated 12-02-2008) Page 57
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11.1 Counterparts. Two copies of this Agreement shall be signed by each party. each
of which copy is deemed to be an originaL
11.2 Entire Agreement. This Agreement is an amendment and restatement ofthe
2000 Agreement. and the 2000 Agreement shall survive only to the extent not superseded by
this Agreement. To the extent there is a conflict between the 2000 Agreement (including its
exhibits) and this Agreement. this Agreement and its exhibits shall control. This Agreement
consists of sixty-three (63) pages, including two (2) notary acknowledgement pages, l3 Exhibits
attached to the 2000 Agreement, and 4 Exhibits attached hereto, which, collectively, constitute in
full, the final and exclusive understanding and agreement ofthe Parties and supersedes all
negotiations or previous agreements between the Parties with respect to all or any pan of the
subject matter hereof. All waivers of the provisions of this Agreement shall be in writing and
signed by the appropriate authorities of the County and Trendwest.
11.3 Exhibits.
11.3.1 2000 Exhibits. The following exhibits arc attached to the 2000
Agreement (the ··:woo Exhibits"), are not attached to this Agreement, but are incorporated herein
for all purposes. subject to the amendments thereto contained in Section 11.3.2 hereinbelow:
Exhibit A Legal Description for Trendwest Property
Exhibit B
Exhibit C
Exhibit D
Exhibit E
MountainStar Resort Conceptual Master Plan dated September, 2000, as
amended per Section 5. I (f)
MountainStar Subarea Plan (Ordinance No. 2000-12). as amended
Master Planned Resort Zoning District (Ordinance No. 2000-13)
Rezone (Ordinance No. 2000-14)
Suncadia Master Plann;:d Resort Development Agreement (Amended and R~-st.ated 12-02-2008) Page 58
Index #32
Exhibit F MPR Project Development Permit and MountainStar MPR Conditions
(Ordinance No. 2000-I 5)
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Exhibit K
Exhibit L
Exhibit M
Planned Action Ordinance (Ordinance No. 2000-17)
KittiLas County Code
County Critical Areas Regulations
Development Standards and Design Guidelines
Chapter 36. 70A RCW
Chapter 58.17 RCW
Sample Open Space Calculation Form
1 1.3.2 2008 Exhibits. The following exhibits are attached to this Agreement and
incorporated herein for all purposes:
Exhibit A (Rev. I) Suncadia Master Planned Resort Legal Description (December 2.
2008)
Exhibit F-1 Suncadia MPR Conditions of Approval (December 2. 2008)
Exhibit J (Rev. 1) Development Standards and Design Guidelines (December 2. 2008)
Exhibit M (Rev. 1) Sample Open Space Calculation Form (December 2. 2008)
Section 12. RECORDATION OF DEVELOPMENT AGREEMENT
Trendwest shall record an executed copy of this Agreement with the Kittitas County
Auditor, pursuant to RCW 36. 70B.190, no later than ten (I 0) days after the County executes this
Agreement. Lengthy exhibits to this Agreement. including Exhibit H. Kittitas County Code. shall
not be required to be recorded together with this Agreement; provided, however, that exhibits not
Suncadia Master Planned Reson Developmen1 Agreement (Amended and Rcsrnted 12-02-2008) Page 59
Index #32
recorded with this Agreement shall be maintained by the Kittitas County Planning Department
and remain available tor public inspection and copying during regular business hours throughout
the Tenn of this Agreement. In some instances, ordinances approved by the County may not
have been codified as of the Effective Date. Jn such instances. the codified versions of such
ordinances shall be added to Exhibit H and delivered to Trendwest as they are codified by the
County.
The remainder of this page left imentionalzv blank.
Suncadia Master Planned Reson Development Agreement (Amended and Rcsllltcd 12-02-200&) Page 60
Index #32
IN WITNESS WHEREOF. this Agreement has been entered into by and between
Trendwest and the County as of the day and year first above written.
KITTITAS COUl'iTY
By: tll cLv; e.rtu/Lt-t~v rc It.._
Its: Chairman
As authorized by Resolution No. 2009-3 ?-
Approved As To Form:
-~ ~ A. Caulkms. Deputy Prosecuting Attorney
~~~G:-~\6
SUNCADIA, LLC. a Delaware limited liability company
By: Easton Ridge Investors, LLC.
~~m~:=:ny.
By: Ronald D. Olstad
Its: Managing Director
By:
Its: Vice Pres1 ent-Controller Real Estate
Suncadia Master Planned Resort Dcvclopmcm Agreement (Amended and Restated 12-02-2008) Page 61
Index #32
STATE OF WASHINGTON I
) 55.
County of Kittitas ) .
CU CLVl ( rbU1.Lov' 1 C..VL
I certif) that I know or have satisfactory evidence that ~. is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to
execute the instrument and acknowledged it as the Chairman of the Kittitas County Board of County
Commissioners, to be the free and voluntary act of such county for the uses and purposes mentioned in the
instrument.
,\,\"":'•''~\,
GIVEN under m!~·~,~~~~4.\~.mciW~Jii}, this l111ta.y of Ap ri I , 200--=:l_.
:, ·.;~:~\cl;,.'.,);://+/'l. r •
; -,' . ,· ' ..-.· ·~ ,, ~ ~ .I'J f ' ' 1 (/1 1 '"' .:: :~/ .:i I ' " ' ~ ~ / ·VVVL..--_l~-it::--?_· -={)-,.-; /1...---::--c__.;--:::-::--.
~ ; ~ . · · § ~ rilltCd Name: u1Ll.ir c3 . ~ 1'"'5 \J( K-> ~:. ' ~ 2 E Notary Public in and for the State ofW~hington
z 1 ·'"'· -o ·1 . . . "~Jtql·o ·:, ·o'. .Y. .,: c:::::...._E 1v y commiSSion exp1res: '="' 1
'/ < .,,,~-.!\\1_7' /".--~~-~~'ff _.,,jt .· ' ~ ---
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··till\\,·, .. ··'"
STATE OF WASHINGTON
ss.
County of Kittitas
On this day, before me, the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared RONALD D. OLSTAD, to me known to be the Managing Director
of Easton Ridge Investors, LLC, a Delaware limited liability company, the Managing Member ofSuncadia_ LLC. a
Delaware limited liability company. the company that executed the foregoing instrument, and acknowledged that the
said instrument to be the free and voluntary act and deed of said company, for the uses and purpos~s therein
mentioned. and on oath stated that he is authorized to execute the said instrument.
GIVEN under my hand and official seal thi/j_tllday of Apr;/ , '2001._ . ..
Suncadia Master Planned Reson Development Agreement (Amended and Restated 12-02-200S) Page 62
Index #32
STATE OF WASH JNGTON
County of Kittitas
) ss.
)
On this day, before me. the undersigned. a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared GARY A. KI1TLESON. to me known to be the Vice President
-Controller Real Estate of Easton Ridge Investors. LLC, a Delaware limited liability company. the Managing
Member of Suncadia. LLC. a Delaware limited liability company, the company that executed the foregoing
instrument, and acknowledged that the said instrument to be the free and voluntary act and deed of said company,
for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument.
GlVEN under my hand and official seal this/{) f;?day o~.nc,," L . 200 ..2_.
Suncadia Master Planned Reson Development Agreement (Amended and Restated 12-02-2008) Page 63
Index #32
EXHIBIT A (Rev. 1)
Suncadia Master Plannec Resort Legal Description
December 2, 2008
LEGAL DESCRIPTION
FOR
SUNCADIA LLC
That portion of Sections 11, 13, 14, 15, 23, 24, and 25 all in Township 20 North, Range
14 East, Willamette Meridian, and that portion of Sections 18, 19, 20, 21. 28, 29, 30, and 31 all in
Township 20 North, Range 15 East, Willamette Meridian, in the County of Kittitas, State of
Washington and described as follows:
BEGINNING at the Northeast corner of said Section 19 as shown on the Plat of
SUNCADIA PHASE 2 DIVISION 2 as recorded in Book 10 of Plats, Pages 170 through 183,
under Auditor's File Number 200609280020, records of Kittitas County, Washington;
Thence Southerly along the East line of said Section 19 to the North line of
MOUNTAINSTAR PHASE 1, DIVISION 2 (Plat Alteration) as recorded in Book 9 of Plats, Pages
157 through 187, under Auditor's File Number 200506160038, records of Kittitas County,
Washington;
Thence Easterly, Northerly, and Easterly along said North line to the Northeast corner of
said Plat;
Thence South along the East line of said Plat to the Northwest comer of the Plat of
SUNCADIA PHASE 1 DIVISION 3 as recorded in Book 9 of Plats, Pages 94 through 120, under
Auditor's File Number 200505040001, records of Kittitas County, Washington;
Thence Easterly and Southeasterly along the North line and the Northeasterly line of said
Plat of SUNCADlA PHASE 1 DIVISION 3 to the Westerly margin of Bullfrog Road;
Thence Southerly and Southwesterly along said Westerly margin to the Northerly margin
of SR 90, said point also being the Southeast corner of Lot 2 as described and/or delineated on
the face of that certain Survey recorded June 13, i 995 under Auditor's File No. 582256 and iiled
in Book 21 of Surveys, Pages 46 and 47;
Thence Westerly along the South line of said Lot 2 and said Northerly margin to the East
line of the Blue Connection of the Good Luck Lode Mining Claim and the Good Luck Lode Mining
Claim, U.S. Mineral Survey No. 998;
Thence Northeasterly along the Southeasterly line and Northwesterly along the
Northeasterly line of said Mineral Survey No. 998 to the East line of the Southwest quarter of said
Section 30;
Thence South along said East line to the South quarter corner of said Section 30;
Thence West along the South line of said Southwest quarter to the Northwesterly line of
said U.S. Mineral Survey No. 998;
Thence Southwesterly along said Northwesterly line and Southeasterly along the
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Southwesterly line of said U.S. Mineral Survey No. 998 returning to the Northerly margin of SR 90;
Thence Westerly along said Northerly margin to the Easterly line of that property ·
conveyed to the State of Washington by deed recorded under Auditor's File No. 1 999031 20019;
Thence Northerly along said Easterly line and Westerly along the Northerly line of said
property to the West line of said Section 31;
Thence North along said West line to the Northwest corner of said Section 31;
Thence West along the South line of the Southeast quarter of said Section 25 to the
South quarter comer thereof;
Thence North along the West line of said Southeast quarter and the West line of the
Northeast quarter of said Section 25 to the Southeast corner of the Northeast quarter of the
Northwest quarter of said Section 25;
Thence West along the South line of said Northeast quarter of the Northwest quarter to
the Southwest comer thereof;
Thence North along the West line of said Northeast quarter of the Northwest quarter to
the Northwest comer thereof;
Thence North along the East line of the Southwest quarter of the Southwest quarter of
said Section 24 to the Northeast comer thereof;
Thence West along the North line of the said Southwest quarter of the Southwest quarter
to the West line of said Section 24;
Thence South along said West line to the Southwest corner of said Section 24;
Thence West along the South line of said Section 23 to the Yakima River;
Thence Northwesterly along said river to the West line of said Section 23;
Thence North along the West line of said Section 23 to the Northwest comer thereof;
Thence West along the South line of said Section 15 to the Southwest comer thereof;
Thence North along the West line of said Section 15 to the Northwest comer thereof;
Thence East along the North line of said Section 15 to the Northeast comer thereof;
Thence North along the West line of said Section 11 to the Northwest comer of Lot 1A of
that Tract Segregation Survey recorded in Book 21 of Surveys, Pages 44 and 45, under Auditor's
File Number 582255, records of Kittitas County, Washington;
Thence Easterly and Southerly along the Northerly and Easterly lines of said Lot 1A, and
Lot 2A, and Lot 4A of said Tract Segregation Survey, to the South line of said Section 11;
Thence East along the South line of said Section 11 to the West line of Lot 4B of said
Tract Segregation Survey;
Thence North and West along the West line of said Lot 4B, and Lot 38, and Lot 1 B of
said Tract Segregation Survey, to the North line of said Section 11;
Thence East along the North line of said Section 1 1 to the Southwesterly margin of SA
903;
Thence Southeasterly along said Southwesterly margin to the West line of the Northeast
quarter of the Northeast quarter of said Section 1 1;
Thence South along said West line to the Southwest corner thereof:
Thence East along the South line of said Northeast quarter of the Northeast quarter to
the East line of said Section 11;
Then:e South along said East line to the Southeast corner thereof;
Thence East along the North line of said Section 13 to the Northeast corner of said Plat
of SUNCADIA PHASE 2 DIVISION 2;
Thence South and East along the Easterly line thereof, to the West line of said Section 18;
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Thence South along said West line to the North line of the South half of said Section 18;
Thence East along said North line to the Northeast comer of Parcel A of that certain
Survey as recorded January 29, ~999, in Book 24 of Surveys, Page 10 under Auditor's File No
199901290041, records of Kittitas County, Washington;
Thence Southeasterly along the Northeasterly line of said Parcel A to the East line
thereot.
Thence South along said East line to the Northerly line of said Plat oi SUNCADIA PHASE
2 DIVISION 2;
Thence Southeasterly along said Northerly line to the East line of said Section 18;
Thence South along said East line and the East line of said Plat to the POINT OF
BEGINNING;
EXCEPT any portion thereof within Nelson Dairy Road.
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~
N
~
lWP. 20 NORTH, W.M.
tnltn ~ ~
"<f'IU'\
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r-----f----4J. 1_1_ .•
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! · · T'-\ -~F·r-r L_-.1 I \ f> .-~--·:~·.-,:t>, I
·-~-'
YAKIMARIVER L -
0 2500 5000
SC. I" = 5000'
NELSON DAIRY ROAD
--~--~
I I
SUNCADJA LLC ~~!GOLDSMITH ~-~ !~S!,~~~
P.O. Box 3565, Belle\1\JE!, WA 9800\l (425) 462·1080 FAX: (425)4627719
SCALE: 11' " 5000'1 APR: I BY: RNIX
SUNCAOIA MASTER PLANNED RESORT
(MARCH 18, 2008)
I PSSF: I DATE. Feb 29. 2008 1 KITTITAS COUNTY
JOB NO: 02036
WASHINGTON
DWG: M:\ ACAD\SURVE Y\02\ 02036\02 036E52._dw9LQ203GE52 dwg R'liX _Q3.(Q.§.f..~.IQ;.?,..::6:..._ ______ ~------
Index #32
Exhibit F-1
Suncadia 1 MPR Conditions of Approval
I. (a) Based on the foregoing analysis. this staff report concludes that the proposal can be
conditioned so as to be compatible with applicable policies and regulations and to mitigate
probable significant adverse environmental impacts identified in the EIS. The subarea plan
amending the Comprehensive Plan land use map. rezoning of the site, and approval of the
MountainStar Resort Conceptual Master Plan (Exhibit B to the Development Agreement
Relating to the Development Commonly Known as MountainStar Master Planned Resort
Between Trendwest Resorts, Inc. and Kittitas County) are recommended for approval subject to
the Conditions set forth below. The Conditions identified herein are based on the proposed MPR
master plan and design identified in the Final EIS, and probable significant adverse
environmental impacts and mitigation measures identified in the Draft and Final E!Ss. Pursuant
to the authority provided by WAC 197-ll-655(3)(b). additional conditions based on the
foregoing findings and conclusions are also identified.
(b) The County shall review any proposed changes to the MPR in terms of their consistency
\Vith the significant impacts and mitigation measures identified in the EIS. As warranted, the
County may require supplemental environmental review. and may impose appropriate mitigation
measures, if it determines. in its sole discretion. that such additional review and/or mitigation is
required by SEPA.
(c) The Conditions set forth below include numerous references to federal, state and county Jaws.
rules. regulations, official policies, standards and specifications applicable to the development of
MountainStar. All such references herein shall be governed by and construed in accordance with
the vesting and Applicable Law provisions set forth in Sections 4.1(a) and 4.1(c) of the
Development Agreement.
A. MASTER PLAN~~D RESORT CONCEPTUAL MASTER PLAN/LAND USE.
The EIS discusses adverse impacts to land and shoreline use. and the relationship of the proposal
to relevant Growth Management Act and Comprehensive Plan policies relating to Master
Planned Resorts, and identifies mitigation measures that should be implemented. Pursuant to
Kittitas County SEPA Ordinance Section 15.04.200(d), the policies in Comprehensive Plan
Section 2.4, Shoreline Master Program goals, policies, usc regulations and environment
designations, and KCC 17 A, the following mitigation measures will be required.
A-1 The MountainStar Resort Conceptual Master Plan (Exhibit 8 to the Development
Agreement) shall be used to indicate the types. general layout and densities of uses within the
MPR. The MPR will be developed in phases, each of which may contain one or more subphases.
Development applications for phases or subphases shall be measured against the land uses
indicated on the Conceptual Master Plan. Proposed changes to the Conceptual Master Plan shall
foJlo·w the procedures identified in the Development Agreement. All land uses shall be
1 Suncadia LLC, a Delaware limited liability company, is the successor in interest to Trendwest Resorts, Inc. and
Trendwest Investments, Inc .• and the name of the resort has been changed from ''l'vlountainStar Master Planned
Resort·· to ''Suncadia Master Planned Resort." All references herein to Trcndwest and MountainStar shall now be
deemed to mean Suncadia.
Suncadia MPR Conditions of Approval
December 2, 2008
Page I
Index #32
consistent with the Comprehensive Plan and Zoning Code. including any amendments adopted
for the MPR Subarea Plan and Zoning District, adopted at the time of MPR Approval.
A-2 (a) Required Infrastructure and Utilities, as defined in the Development Agreement, shall be
installed and completed or bonded or other financial guaranties or accommodations made tor
their completion prior to final plat approval of each subphase.
Infrastructure and Utilities required to serve any Phase or Division of development shall be
completed concurrent with approval of occupancy of the subject Phase or Division.
(b) The phasing of projects shall be in a way that tire protection can be maintained to protect the
previous phase or phases. Water supplies for tire fighting and roads must be made available at
the earliest point to allow the sites to be protected. As roads and paths become the established
fire department/emergency access, maps should be kept up to date. with street names posted.
Each development application shall specifY how it relates to the overall MPR phasing program.
A-3 The amount of land developed for specitlc land uses (i.e .. residential. recreation) shall be as
indicated in the MPR Development Application. as updated in the Development Agreement and
the MountainStar Resort Conceptual Master Plan attached to the Development Agreement as
Exhibit B. Specifically. the Resort may include up to: 327 hotel/lodge units; I 070 condominium
units; and 3253 single family lots tor a total of 4650 accommodation units. The nomenclature
and criteria of Table 2-1 of the MPR FEIS no longer apply. Open space shall be governed by
Conditions A-4. A-5 and A-6. Consistent with the nature of long-term master planned
development projects, changes may be proposed in response to market conditions.
economic/financial or conditions or for other unanticipated reasons. As noted in the County's
August 8 Staff Report in paragraph 8 of its Findings. the amount of land shmvn in the application
and Final EIS to be developed tor specific land uses is considered a maximum "budget" for those
uses: flexibility is intended in regard to the siting of approved land uses. Changes in the amount
of land allocated to approved uses, if proposed in subsequent general site plans or site
development plans. or any proposed deviation from the Conceptual Master Plan, shall be
review·cd and determined based on applicable procedures in MPR Development Agreement.
Any changes to the locations. type or intensity of land uses shall be consistent with applicable
MPR Policies and shall be considered in the context of any minimums or maximums established
by these Conditions and consistency with environmental conditions.
A-4 Open space lands \Vithin the MPR shall at a minimum include the following identified in the
MountainStar EIS: Natural and Managed Lands that are retained in a substantially undeveloped
state, which may include forested lands that arc managed for habitat (approximately 2, 700
acres): Perimeter Butlers around the perimeter of the MPR site (approximately 250 acres):
Internal Buffers within the MPR site (approximately 1,300 acres); and Golf Courses
(approximately 300 acres). Open space lands shall be segregated from other lands and shall be
subject to a deed restriction, conservation easement or other mechanism ensuring permanent
maintenance as open space. Prior to approval of the first site development plan for a phase or
subphase, the applicant shall create one or more legal entities (e.g., conservation trust,
homeowners associations or Trendwest management entity) which shall be responsible for
maintaining open space lands on the site tor their intended purpose.
Suncadia iviPR Conditions of Approval
December 2. 2008
Page 2
Index #32
A-5 Open space lands shall be managed to buffer sens1t1ve environments from intensive
development or activities: to retain and restore native plant communities and to maintain and
enhance habitat: and. for developed areas, to provide an aesthetically pleasing landscape, provide
habitat connections, and minimize risk of fire.
To document and achieve these landscape planning objectives. Trendwest will finalize and
submit to the County for approval the existing conceptual Land Stewardship Plan and a Noxious
Weed Plan for the entire MPR site prior to any construction and/or land clearing activities for the
first phase or subphase of MPR development. An amendment to the Land Stewardship Plan and
Noxious Weed Plan shall be submitted to the County for approval \Vith a general site plan or site
development plan for any phase or subphase ofiviPR development ifthe general site plan or site
development plan is inconsistent with such Land Ste\vardship Plan and/or Noxious Weed Plan.
Such amendments shall demonstrate hO\v the goals and policies of the Land Stewardship Plan
and Noxious Weed Plan will be implemented for the developed area in the phase or subphase of
MPR development covered in the general site plan or site development plan.
The Land Stewardship Plan shall include and follov.' the Department of Natural Resources
Backyard Stew·ardship Program, (Eastern Washington Type) as a model offire prevention in the
interface as a proven working program. The contents of the plan shall be as described in Plants
& Animals Conditions B-23 and B-29.
A -6 Open space lands shall be retained in a substantially undeveloped state. Development
which may occur shall be limited to recreational trails. golf courses. roads and utility facilities
required to meet the needs of the MPR.
A -7 Lands within the geomorphic floodplain of the Cle Elum River shall remain undeveloped,
except as provided herein. and shall protect the resources values and natural functions of the
shoreline area. Clearing and disturbance shall be minimized. The following proposed activities
may be permitted in the geomorphic floodplain, subject to submittal of appropriate development
applications: non-motorized pervious trails, utilities. including a water intake, and a bridge and
associated roads spanning the Cle Elum River, provided that impervious trails may be permitted
on a case-by-case basis. Additional recreational facilities beyond those identified in the Final
ElS. if any. shall be consistent with the Shoreline Master Program and other applicable
regulations. Appropriate environmental review, or confirmation that adequate environmental
analysis is contained in the MountainStar EIS, shall be conducted for any facilities located \vithin
the floodplain and all necessary pennits will be obtained by the applicant.
A-8 Private Open Space as defined in the MountainStar EIS (approximately 815 acres), which
includes the undeveloped portions of lots developed for housing or resort uses may, be included
in the calculation of open space for the MPR provided that binding deed restrictions, and/or
covenants. conditions and restrictions (CC&Rs) are adopted to limit the amount of clearing and
alteration of lots or areas.
The amount of clearing on lots shall be consistent with Condition C-25(b). Single specimens of
trees. ornamental shrubbery or similar plants used as plant covers. provided that they do not form
Suncadia MPR Conditions of Approval
December 2, 2008
Page 3
Index #32
a means of rapidly transmitting tire trom the native growth to any structure will be exempt.
A-9 The MountainStar Resort Conceptual Master Plan and the "budget" for land uses include
two golf courses on the property. An amendment ofthe Conceptual Master Plan has been made
by the County allowing a third golf course. Supplemental environmental review may be required
as provided in the Development Agreement subject to Kittitas County findings contained in a
Planned Action ordinance for the MPR.
A-1 0 The Cle Elum River Corridor shown in Figure 2-2 of the MountainStar EIS shall be
managed as Natural Open Space as identified in the EIS and consistent with the Land
Stewardship Plan approved by the County pursuant to Conditions A-5 and B-29.
B. NATURAL ENVIRONMENT
Geology, Soils and Groundwater. The EIS discusses adverse impacts to geology. soils and
ground water resources and identifies mitigation measures that should be implemented. Pursuant
to Kittitas County SEPA Ordinance Section 15.04.200 (d). Comprehensive Plan Policies GPO
2.194, 2.77. 2.78, and KCC 17A.04, 17A.05 and 17 A.06. the following mitigation measures will
be required.
Erosion
B-1 To mitigate and reduce sheet and channel erosion, the MPR shall employ Best Management
Practices (BMPs) as set forth in the Department of Ecology's then current Stormwater
Management Manual for Eastern Washington. BMPs shall include the following measures:
(a) Source-control BMPs for cleared areas shall be applied. Surface water runoff will be
directed away from exposed subgrades or into approved temporary and/or permanent
stormwater conveyance systems.
(b) Protective measures for stockpiled soils.
(c) Temporary sedimentation traps or ponds.
(d) Rock check dams along roadways and within drainage ditches
(e) Silt fences shall be established along wetlands, stream and river corridors. open space
areas and other sensitive areas.
(f) Erosion control measures for stormwater discharge points.
(g) Construction runoff shall be collected and treated by sediment ponds. turf-covered sand
filters, temporary filtration or other approved methods.
(h) Clean water entering construction areas shall not be allowed to mix with construction
water.
(i) A temporary erosion and sediment control plan (TESCP) shall be established and must be
approved by Kittitas County prior to beginning major clearing and earthwork activities,
including timber harvest.
When a nev. manual and new BMPs are adopted by Kittitas County, the MPR shall incorporate
the new BMPs into the design of any previously unapproved phases of development. Variances
may be considered to ensure compatibility between operational and maintenance BMPs
Suncadia MPR Conditions of Approval
December 2. 2008
Page 4
Index #32
applicable to different phases of development.
B-2 During development, Trend,vest shall implement the following erosion control measures:
(a) Surface water and domestic discharge shall not be directed onto sloping areas or
randomly daylight on the site.
(b) All emergency overflows ti·om infiltration ponds, or other drainage conveyance features,
on slopes at grades of 51 I: 1 V or greater shall be tightlined to the base of the slope or to an
approved outfall point.
(c) Temporary TESC and infiltration facilities shall not be used for permanent facilities.
(d) All proposed fill soils planned for slopes steeper than 5H:1V shall be benched into the
hillside and compacted.
(e) Potential stonnwater discharge ti·om detention ponds into Stream C between
approximately elevations 2, 160 and 2,080 feet shall not exceed flows of 15 cfs.
Landslides
B-3 Minimum setback distances from the top of landslide hazard zones (as shown on Draft EIS
Table 6-2) for structures and lined detention ponds, shall be 50 teet for Landslide Hazard Zone 3.
75 feet for Landslide Hazard Zone 2, and 125 feet for Landslide Hazard Zone 1: provided that
the setbacks for Landslide Hazard Zone 2 and 3 may be reduced with grading and stormwatcr
measures approved by a geotechnical engineer, and additional site-specific studies might be
required. Setbacks for infiltration facilities and unlined detention facilities shall be determined
through site-specific geotechnical and engineering analysis. and shall be subject to the
recommendation of a licensed geologist, the approval by Kittitas County. and the issuance of any
applicable construction pcnnit.
B-4 To minimize landslide risks. the following additional conditions shall be implemented:
(a) Stormwater from the site shall be collected and tightlined away from the top of Landslide
Hazard Zones 1 through 3.
(b) No till, topsoil or other debris shall be placed over the top of Landslide Hazard Zone 1.
Any fill planned for slopes steeper than 5H: IV shall be benched and compacted into the
hillside.
(c) No cuts shall be made on or at the toe of Landslide Hazard Zone I unless approved by a
licensed geotechnical engineer and Kittitas County.
(d) No vegetation shall be removed from Landslide Hazard Zone l, with the exception of
dead or diseased trees, unless approved by a licensed geotechnical engineer and Kittitas
County. Vegetation removed from Landslide Hazard Zones 2 and 3 shall be limited to the
minimum clearing needed to permit construction.
Seismic Activitv
B-5 Uniform Building Code (UBC) guidelines shall be to! lowed for siting and design of any
facilities located in seismic hazard areas. Provisions for evaluating seismic issues as currently
described in the draft International Building Code 2000 (IBC2000) shall be considered in design.
If facilities are sited in areas prone to soil liquefaction. foundation supports shall be designed to
extend deeper than the liquefiable soils. The Building and fire Codes reference any where in
Suncadia MPR Conditions of Approval
December 2, 2008
Page 5
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''This Document" shall reflect to the most current code/codes adopted by the Washington State
Building Council and Kittitas County. This will allow buildings to be built with the most current
codes applicable rather than the code at approval of the Development Agreement.
Flooding. The EIS discusses adverse impacts to lands within the I 00-year floodplain of the Cle
Elum River and identifies mitigation measures that should be implemented. Pursuant to Kittitas
County SEPA Ordinance Section 15.04.200 (d), Comprehensive Plan Policies GPO 2.193
through GPO 2.195. Comprehensive Plan Sections 2.2(D) and 2.2(E), Shoreline Master Program
goal statements, use activity statements. environment designations and shoreline regulations,
Flood Damage Prevention Ordinance 93-18. Comprehensive Flood Hazard Management Plan,
and KCC section 17 A.05. Critical Areas, the following mitigation measures will be required.
B-6 Consistent with the MountainStar Resort Conceptual Master Plan (Exhibit B to the
Development Agreement) and Land Use Conditions identitied below. only the following uses
may be developed within the geomorphic floodplain: pervious non-motorized trails (except as
allowed in A-7) and other recreational facilities permitted by the Shoreline Master Program:
utilities, including stormwater management facilities. sewer and water facilities. and other
utilities reflected in the MountainStar application and Final EIS. Appendix A; and a bridge
spanning the river and the 1 00-year floodplain along with associated approach roads. Approval
for these uses shall be contingent on review of the consistency of site-specific development
applications with applicable provisions relating to flooding contained within the SMP, Flood
Damage Prevention Ordinance and/or Critical Areas Ordinance. and other applicable Kittitas
County regulations. Supplemental environmental review shall be required tor the bridge
spanning the Cle Elum River, to the extent that significant impacts of this element of the MPR
are not fully addressed in the EIS tor the Master Planned Resort.
B-7 Applications for any development within the 1 00-year floodplain. as delineated by FEMA,
shall describe how any structures will be designed to protect human life and health. result in no
net loss of floodplain storage. and be consistent with applicable setback provisions. The
development within the floodplain requires "Floodplain development permits'' for any work
within the FEMA delineated area. which does not allow structures to be built within the
tloodway. Any development within the flood way shall result in no net loss of floodplain storage.
Applications for any development within the l 00-floodplain, as delineated by FEMA, shall
describe how any structures will be designed to protect human life and health.
B-8 Clearing for approved development within the I 00-year and geomorphic floodplains shall be
limited to the minimum necessary to accommodate permitted recreational facilities and to
provide access to resort lands on the west side of the Cle Elum River. The design of any
approved facilities shall also ensure minimal impacts to the shoreline environment and safe
operations during flood events.
Groundwater & Stormwater. The EIS discusses adverse impacts to groundwater and identifies
mitigation measures that should be implemented. Pursuant to Kittitas County SEPA Ordinance
Section 15.04.200(d), Comprehensive Plan Policies 2.194 through 2.195 and 2.21 0,
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December 2, 2008
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Comprehensive Plan section 2.2(E). and Kittitas County storm water regulations, as amended,
the follow·ing mitigation measures will be required.
B-9 (a) Stormwater runoff shall be controlled according to an approved master drainage plan
(MOP) that provides adequate retention/detention, promotes infiltration and provides water
quality treatment. The MOP shall be prepared consistent with the standards. or functional
equivalents. ofthe stormwater regulations referenced in these Conditions, and must be approved
by the County Engineer prior to commencement of construction of MPR Infrastructure and
Utilities as defined in the Development Agreement: provided, however, that this Condition does
not preclude Trendwest from conducting lawful activities under its Forest Practice Application
No. 2701173 approved by the Washington Department ofNatural Resources.
(b) The MOP shall incorporate the follov, ing considerations and standards:
a) Infiltration facilities shall be used to infiltrate water. Facilities shall be located within or
as close as possible to the developed sub-basin \Vhich would generate the surface water
runoff.
b) For sub-basins underlain by soil having low infiltration rates. runoff shall be routed to
detention facilities which discharge either to downstream infiltration facilities or to existing
surface \Vater drainage systems.
c) Surface dispersion and infiltration through roadside ditches in the lower-density residential
areas shall be used.
d) Residential roof runoff shall be infiltrated where permeable subsurface soils are present.
e) The surface and subsurface drainage systems for the golf courses shall utilize infiltration
sumps and trenches to infiltrate water into subsurface soils.
(c) The applicant shall pay its proportionate share of stormwater design and treatment
improvements needed on county roads and intersections pursuant to these MPR Conditions of
Approval.
Water Qualit)'. The EIS discusses adverse water quality impacts and identifies mitigation
measures that should be implemented. Pursuant to Kittitas County SEPA Ordinance Section
15.04.200(d). Comprehensive Plan Policies GPO 2.193, 2.194 and 2.210. Shoreline Master
Program goals, policies, environment designations and use regulations, and KCC 17 A.04-
17 A.08. Critical Areas Ordinance, the following mitigation measures will be required.
Construction Impacts
B-1 0 A Temporary Erosion and Sedimentation Control Plan (TESCP) shall be prepared prior to
land clearing and construction activities commencing. and as part of the stonnwater pollution
prevention plan accompanying any NPDES permit application required due to proposed
discharges to surface waters of the state. Erosion and sediment control measures shall be as
specified in the most current Department of Ecology Storm Water Management Manual for
Eastern Washington. Measures shall include best management practices (BMPs) for the control
of sediments and pollutants: measures for marking of clearing limits: temporary and pennanent
cover of exposed soils and stockpiles; silt fencing. construction entry and roadway stabilization:
sediment traps and ponds: wet season construction protective measures: controlled and lined
Suncadia !V1PR Conditions of Approval
December 2, 2008
Page 7
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concrete \vashout areas; \vaste disposal measures; and an accidental spill control and cleanup
plan.
B-11 No earthv .. ork shall occur between November I and February 28 in areas with high erosion
potential. These dates may be extended by the Planning Director based on dry/\vet weather
conditions.
Post-Construction Impacts
B-12 The applicant shall monitor water quality as identified in the DElS, FElS, and these
Conditions. Proposed monitoring programs shall be prepared and submitted to the County for its
review and approval prior to approval of initial site development plan. The Water Quality
Monitoring Program, which shall be implemented during operation of the MPR to protect water
quality, shall include the following:
(a) a groundwater monitoring program incorporating the parameters identified in the EIS;
and
(b) surface \Vater monitoring program to measure performance of drainage system.
B-13 Additional Conditions to protect water quality include:
(a) infiltrating stormwater after treatment excepting some catchments immediately adjacent
to Stream C:
(b) establishing a design criterion for water quality facilities to treat approximately 91
percent of all mnotl (on an average annual basis):
(c) locating, constructing and operating gasoline and diesel fuel storage tanks and fueling
areas in accordance with Ecology regulations (Chapter 173-360 \VAC);
(d) providing drainage control for maintenance areas; and
(e) implementing BMPs for the equestrian centers. which shall include preventing outdoor
use of paddocks during the \Vet season (October through April) and control of sediment in
runoff from dirt areas.
B-14 Concurrent with submittal of an application for any site development plan that includes a
golf course. the applicant shall prepare and submit tor the County's review and approvaL a golf
course management plan that addresses protection of water quality. The plan shall include
provisions regarding proposed design for fain\ays, greens, tees and \Vater bodies, to ensure
appropriate drainage and infiltration; integrated pest management. to reduce use of pesticides;
computer controlled irrigation. to reduce water consumption; storage and handling of all
chemical substances. consistent with applicable state and federal requirements; a discussion of
the toxicity, mobility, persistence and risk associated with use of proposed pesticides. fertilizers,
fungicides and other applications: and drainage controls and facilities, to ensure appropriate
collection, treatment and release of golf course runoff Standards shall be as specified in the
Development Agreement. The storage of all hazardous materials shall follow the same guidelines
as prescribed by the latest codes and regulations from various agencies. The focus on the golf
course chemicals shall be part of a total plan for use, containment and disposal of all hazardous
materials during construction and operation of the MPR. All chemicals on site will require
MSDS sheets at site and construction main office for use in emergency situations.
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December 2. 2008
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B-15 All golf course fungicides, herbicides, insecticides and fertilizers shall be stored in an
enclosure with a closed sump to prevent chemical release. Mixing areas for golf course
chemicals shall be enclosed "vith concrete curbs or other means for spill containment and a
closed sump or collection point.
B-16 The applicant shall prepare a golf course spill prevention and accidental spill response plan
consistent with Department of Ecology requirements. Following approval by Ecology. a copy of
the plan shall be submitted to Kittitas County.
Water Supply. The EIS discusses adverse impacts to \Vater supply and identifies mitigation
measures that should be implemented. Pursuant Lo Kittitas County SEPA Ordinance Section
15.04.200(d). Comprehensive Plan Policies GPO 2.210-2.215. and KCC 16.12. Subdivisions.
and RCW 58.17, the following mitigation measures will be required.
B-17 As required by RCW 58.17.110 RCW 19.27.097 and by KCC 16.20.060, the applicant
shall submit evidence of the availability of potable water at the time of approval for a final
subdivision of land or application for a building permit.
Adequate water supply for purposes of this Condition means quality and quantity of water as
required by the Department of Health and Kittitas County Health Department as defined in WAC
246-290. and RCW 43.20. 70.119A and 70.142. Appropriate conditions will be determined and
imposed in connection with the County's review of those applications.
The Final EIS indicates that sufficient water to serve the MPR may be permitted by the
responsible agencies and that environmental impacts can be satisfactorily mitigated. Approval of
the MPR' s proposed water supply is subject to decisions by the Department of Ecology and/or
the Bureau of Reclamation, and the Department of Health. Those agencies will, therefore,
consistent with the mandates of state and/or federal law, determine appropriate conditions that
should be imposed on the approval of requested water supply actions. The MPR application and
EIS contain sufficient information regarding likely sufficiency of proposed water supply
alternatives, and no further conditions relating to water supply by Kittitas County are warranted
at this time. However, any conditions imposed by the Bureau of Reclamation. Department of
Health, or Department of Ecology shall become part ofthese Conditions by this reference.
B-18 In coordination with Kittitas County's Health Department. the Department of Health and
Washington Utilities and Transportation Commission, the applicant shall prepare and implement
a Water System Plan. The applicant sha11 seek review and certification of the proposed water
supply system by the county health officer. \Vho shall certify. prior to preliminary plat approval,
his recommendations as to the adequacy of the proposed water supply system facilities as
required by KCC 16.12.150 and RCW 58.17.11 0. The applicant shaH obtain written approval
from the State Board of Health, Office of Water, prior to any ne\v construction of a public water
system as required by RCW 70-119A-060 and WAC 246-290-125. Conditions imposed by
Kittitas County on tina) plat approval shall also reflect the independent planning and
environmental analysis being conducted for shared \Vater and sewer facilities by the City of Cle
Elum and other parties. and shall adequately mitigate identified significant impacts attributable
to water service to the MPR.
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December 2, 2008
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B-19 The applicant shall prepare and implement a program of water conservation as part of the
project's water system plan approved by the Department of Health and as required under RCW
90.03.005 and 90.54.020(6). Water conservation measures shall be included in the design and
irrigation of proposed landscaping and golf courses: plumbing t1xtures and building design. The
applicant shall equip residential units with water saving devices meeting at least the minimum
guidelines established in the Conservation Planning Requirements, Guidelines and Requirements
for Public Water Systems Regarding Water Use Reporting, Demand Forecasting Methodology.
and Conservation Programs. July. 1994, as revised. Any conditions imposed by the Bureau of
Reclamation. Department of Health, or Department of Ecology related to water conservation
shall become part of these Conditions by this reference.
B-20 Trend\vest shall ensure that all necessary transfers/exchanges of water rights shall be in
place, and that water and wastewater facilities shall be completed or bonded. prior to final plat
approval or issuance of a bui I ding permit. Phasing of water transfers/exchanges and water and
wastewater facilities may be allmved.
B-21 Trendv,rest shall ensure that legal water rights have been obtained and are in force in
accordance with the Department of Ecology before supplying potable water supplies to the
development.
B-22 Trendwest shall ensure that the Department of Health Drinking Water Division has
approved any "Group A" source of potable water in accordance with 246-290 WAC or as
amended.
Plants and Animals. The EIS discusses adverse impacts to plants, wildlife, wetlands and
fisheries and identifies mitigation measures that should be implemented. Pursuant to Kittitas
County SEPA Ordinance Section 15.04.200(d), Comprehensive Plan Policies GPO 2.193-2.195.
and GPO 2.86-2.91. and KCC 17A.04 and 17A.07. the following mitigation measures \Viii be
required.
B-23 Native plant species shall be used in landscape plantings in developed areas, and to
revegetate cleared but open areas, including rights-of-way along MPR roads. A program to
control the introduction or spread of noxious weeds or invasive species. using chemical and/or
biological means. shall be developed by a professional forester in consultation with the Kittitas
County Weed Coordinator, and shall be reviewed and approved as part of or in conjunction with
the Land Stewardship Plan pursuant to Conditions A-5 and B-29. The revegetation of open areas
and disturbed areas shall be in conformance with the Land Stewardship Plan. Such Land
Stewardship Plan shall include provisions relating to: (a) revegetating open and disturbed areas
\Vith use of low growing, perennial grass species close to native or cultivars of native species;
and (b) using drought resistive species to minimize the risk of transmitting fire. These
Conditions shall be addressed by the applicant through adoption of the Land Stewardship Plan
and through general site plans or site development plans, and through restrictive covenants
applicable to subdivisions and lots.
Suncadia MPR Conditions of Approval
December 2, 2008
Page 10
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B-24 Remaining stands ofunthinned mature forest habitat within development areas shall. to the
extent feasible, be retained and incorporated within open space areas. Any forest management
activities within these areas shall comply with applicable local, state, and federal rules and
regulations. and with the Land Ste\vardship Plan adopted pursuant to Conditions A-5 and B-29.
B-25 The potential for salvaging and/or retaining native plants, \vhere feasible and practicaL for
revegetation of open and disturbed areas shall be considered and addressed through the adoption
ofthe Land Stewardship Plan pursuant to Conditions A-5 and B-29.
Wetlands
B-26 Pursuant to the wetland replacement ratios in the Kittitas County Critical Areas Ordinance.
the applicant shall create 1.25 acres of wetlands as compensation for the filling of 0.65 acres of
wetlands 18. 36 and 38. Impacts to \Vetland buffers identified in the EIS shall be mitigated
through a combination of buffer width averaging, buffer enhancement and butTer restoration.
Site development plans shall attempt to avoid or further reduce these wetland impacts. and
impacts to wetland buffers. through realignments of roads or trails, or through use of retaining
walls. The applicant shall submit. concurrent with any site development application for a
development phase or subphase resulting in wetland filL a detailed wetland mitigation plan for
review and approval by the Kittitas County Planning Director. The mitigation plan shall include
the design of proposed mitigation, a monitoring program. and a contingency plan in the event the
mitigation is unsuccessful, and a performance bond.
B-27 Any additional wetlands identified during site planning or development shall be classified
and delineated by a qualified biologist. Impacts to newly identified wetland functions and values
shall be documented and suitable mitigation measures shall be approved by Kittitas County and
implemented by the applicant.
Wildlife
B-28 Open Space shall be provided in the MPR consistent with the terms and conditions of the
Development Agreement.
B-29 The applicant shall prepare and submit to Kittitas County for approval a Land Stewardship
Plan which identifies an overall management tramework and '"·iJdlite habitat goals and
objectives and for the MPR site. The Plan shall also describe the means that the applicant will
investigate and implement to achieve '"·ildlife/habitat objectives.
(a) The Plan may propose differing management objectives for varying portions of the site,
based on planned resort activities, habitat value and other considerations. Preparation or
implementation of the Plan may include creation of management entities and/or advisory
bodies. The Plan shall address how the applicant proposes to consult and coordinate with
federaL state and tribal agencies with expertise.
(b) The Plan shall be submitted and approved consistent with Condition A-5.
Suncadia MPR Conditions of Approval
December 2, 2008
Page 11
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(c) The Plan shall consider the potential for achieving a goal of no net loss of elk forage
habitat. This shall include a discussion ofthe implications and habitat trade-offs involved
in emphasizing elk habitat relative to other habitat. In considering the goal of no net loss
of elk forage habitat, consideration should be given for increasing the quality of such
habitat in Managed Open Space areas to compensate for the unavoidable loss of elk
habitat in developed areas.
(d) The Plan shall follow the guidelines of:
• The Department of Natural Resources, Backyard Stewardship Program (Eastern
Washington Type)
• Recommendations for Fire Safety and Prevention of Forest and Rangeland in Kittitas
County including Rural, Commercial and Private Developments as updated March
1999 by the Kittitas County Fire Co-op, a committee of the Kittitas County Fire
Chiefs Association.
These guidelines shall be used to protect the wildtire interface area. which is being
developed. These are proven useful tools in fire protection.
B-30 Except as may otherwise be specifically approved by the BOCC. hunting and the use of
firearms shall be prohibited on the MPR site. ;'Hot hunts'' may be permitted if requested by
Trendwest and deemed necessary by the Washington State Department of Fish and Wildlife to
protect life and property.
B-31 Public access to salmon spawning areas of the Cle Elum River shall be restricted during the
spawning period. These areas shall be identified through consultation with the appropriate state,
tribal, and federal entities. Public access shall also be controlled where habitat enhancement
activities would be undertaken.
B-32 Motorized vehicle use shall be prohibited in the Cle Elum River Corridor. except at the
approved bridge and road crossing and for maintenance and public safety purposes.
8-33 Interpretive and educational materials regarding the range and sensitivity of\vildlife on the
MPR site, including information about potential cont1icts with elk, shall be developed by the
applicant, made available to resort visitors and/or posted in suitable locations on the property. At
the interpretive areas and trail heads, points where telephone service is not readily available,
communication devices of a type able to request emergency services shall be placed to allow the
users of such devices to be able to call for help. Without such communications wildfires will
have a chance to grO\v to a size that could endanger lives.
B-34 Trail ends and overlooks shall be located, through consultation with appropriate state.
tribal. and federal entities, a\vay from salmon spawning areas or othenvise designed to allow
viewing without disturbance to wildlife using the river.
B-35 Existing snags and downed woody debris within the Clc Elum River Corridor shall be
retained within natural open space areas. Further, large woody debris may be added to areas
where natural recruitment is shown to be inadequate.
Suncadia MPR Conditions of Approval
December 2, 2008
Page 12
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B-36 Use oftrails by cross-country skiers shall be restricted in areas identified as moderate or
high use area by winter elk. Winter use of hiking trails in the river bonom area that is used by
elk in winter shall be restricted.
B-37 Best management practices shall be implemented to control sediment and contaminants
from entering or impacting aquatic resources.
B-38 Bank annoring in connection with construction of recreational or utility facilities in the
shoreline shall be limited to the minimum necessary to protect such facilities from potential flood
damage and comply \vith all applicable county regulations.
B-39 To maintain future recruitment of large woody debris. any trees that must be removed
within the noodplain shall be dropped and left on the ground. Cutting of tire\vood within the
floodplain shall be prohibited.
B-40 Public access to the Cle Elum River tor lishing or other recreational activities shall be
managed to protect tish. fish habitat and the resources of the shoreline. If proposed. specific
design and use of new access areas shall conform to the requirements of the Kittitas County
Shoreline Master Program.
B-41 Managed access to the Cle Elum River shall continue consistent with the tenns and
conditions of the Development Agreement. Prior to occupancy of the proposed hotel, the
applicant shall submit a plan for the County's review to manage recreational access to the river.
This should include consolidation and management of access points and may propose
improvement oftrails and other facilities. consistent \vith the requirements of the Kittitas County
Shoreline Master Program. Access areas shall be defined and clearly mapped in cooperation
with federaL state and tribal agencies with expertise.
Air Quality. The EIS discusses adverse impacts to air quality and identifies mitigation measures
that should be implemented. Pursuant to Kittitas County SEPA Ordinance Section 15 .04.200( d).
and Comprehensive Plan Policy 2.194 and Section 4.3(8). the following mitigation measures
will be required.
B-42 Wood burning stoves shall be limited to common areas in the resort lodges. conference
facilities and similar spaces. No stoves or wood burning devices shall be installed in individual
resort units. The restriction of wood burning stoves shall be included to all privately owned units
including the single-family residences. This would allow the tire prevention to be implemented
from the highest standards and through out the MPR thus lowering the need lor fire department
response to wood stove related problems and also the problem of wood storage in a wildfire
interface area.
Wood storage in the wildland interface area presents a problem of possible fire encroachment
into the woodpiles and the radiant heat produced enhancing the fire front and making protecting
Suncadia l'viPR Conditions of Approval
December 2, 2008
Page 13
Index #32
the building impossible. In general, people have their wood storage very close to the building
being heated.
B-43 Development management practices shall include using well-maintained construction
equipment and trucks to reduce emissions. Prolonged periods of vehicle idling and engine-
powered equipment shall be avoided. Development Management Practices shall include the
follO\ving fire safety items:
(a) All construction and maintenance vehicles on site shall have the industrial fire safety
equipment. which includes a fire extinguisher, shoveL and spark arrestor/muffler and other
specific per application.
(b) All smoking shall be controlled in prescribed smoking areas.
(c) Open flame/spark emitting shall follow the \VA State DNR Industrial Precautions.
Any exception of these will be examined on a per case basis by the Fire Chief of the Fire
District. Department of Natural Resources and the Kittitas County Fire Marshal.
8-44 During construction, areas of exposed soils shall be sprayed with water or other dust
suppressants. A program and schedule for road sweeping shall be submitted concurrent with
submittal of an application for the first phase or sub phase of MPR development. Cleared area that
will be exposed tor prolonged periods shall be paved. planted with a vegetation ground cover, or
covered \Vith gravel. Truck wheels shall be washed before exiting the site onto local roads. Trucks
transporting dusty materials shall be covered.
8-45 Burning of land clearing debris shall be consistent with the County Solid Waste Plan. Fire
Protection regulations, and as conditioned by WAC 173-425-030 or otherwise permitted in
accordance w·ith the County-approved Land Stewardship Plan.
Noise. The EIS discusses adverse noise impacts and identifies mitigation measures that should
be implemented. Pursuant to Kittitas County SEPA Ordinance Section 15.04.200(d). and
Comprehensive Plan Policy 2.194 and Section 4.3(B). the following mitigation measures will be
required.
B-46 Construction activities shall be limited to daytime hours. For the months of November
through February construction activities shall be limited to 8:00 AM to 6:00 PM and for the
months of March through October to 7:00 AM to 8:00 PM. During the summer months, these
may be amended to reflect those hours prescribed by the W A State Department of Natural
Resources Industrial Fire Precautions as to hours stat1 and completion per precaution level. In
'·Hoot O\vl" level operations it is permissible to work 8 PM to I AM to lessen the fire danger.
Working outside of the prescribed work hours should be an option with each case being looked
at and reviewed by Kittitas County Planning Department as an Administration Decision.
B-4 7 Construction management practices shall minimize noise by using properly sized and
maintained mufflers, engine intake silencers and engine enclosures, and requiring that idle
equipment be turned off. Construction contracts shall specifY that mufflers be in good working
Suncadia tv1PR Conditions of Approval
December 2. :was
Page 14
Index #32
order and that engine enclosures be used on equipment when the engine is the dominant source of
noise.
B-48 Stationary equipment shall be placed as far away from sensitive receiving locations as
possible \vhenever construction occurs within I 00 feet of a site boundary. Where this is infeasible.
portable noise barriers shall be placed around the equipment with the opening directed a\vay from
any sensitive receiving property.
B-49 Use hydraulic or electric models for impact tools. such as jackhammers, rock drills and
pavement breakers, to reduce construction and demolition noise. Require operators to lift rather
than drag materials wherever feasible.
B-50 Construction in MPR subphases directly adjacent to the Roslyn Memorial Gardens Cemetery
shall be scheduled so as to abstain from construction tasks during burials and any scheduled
memorial events.
Mine Hazards. The EIS discusses adverse impacts related to mine hazards and identifies
mitigation measures that should be implemented. Pursuant to Kittitas County SEPA Ordinance
Section 15.04.200(d), Comprehensive Plan Policies GPO 2.186-2.187 and GPO 2.81-2.83. and
KCC 17 A.06.030. the following mitigation measures will be required.
B-51 Mine entries, adits. shafts and existing sinkholes shall be pennanently sealed using a
controlled backfill and/or grouting. or an approved engineered seal.
B-52 Shallow prospect pits shall be backfilled to the surface using controlled backfill. Surface
drainage shall be diverted away from existing sinkholes and prospects.
B-53 Prior to any development in areas identified as high coal mine hazards. sites shall be
evaluated by direct subsurface exploration to demonstrate that mine \vorkings either do not exist.
or that the workings have fully collapsed so that there is no remaining potential for sinkhole
development. Alternatively. a geotechnical report. prepared by a licensed geologist/engineer,
may demonstrate that the hazards associated with any voids can be fully mitigated by backfilling,
grouting, or other approved means such that the potential for sinkhole development is eliminated.
B-54 No development shall be permitted over workings \vhere surface or subsurface studies
indicate the presence of combustion in the underlying seam or seams.
B-55 Prior to development in low coal mine hazard areas. additional geotechnical study shall be
conducted to evaluate the effects of regional ground subsidence, including vertical subsidence.
ground tilt, and ground strain. Buildings. road\vays. storm drainage systems. and underground
utilities could be designed and constructed to accommodate the maximum tilts and strains
expected.
B-56 Existing piles of mine waste rock shall remain undisturbed. No structures shall be
constructed on areas of mine rock fill.
Suncadia MPR Conditions of Approval
December 2, 2008
Page 15
Index #32
C. BUILT ENVIRONMENT
Land Use. See Conditions under the heading MountainStar Resort Conceptual Master
Plan/Land Use.
Transportation. The EIS discusses adverse impacts to transportation facilities and identities
mitigation measures that should be implemented. Pursuant to Kittitas County SEPA Ordinance
Section 15.04.200(d), Comprehensive Plan Policies 2.217-2.221, Comprehensive Plan sections
4.3, 4.4 and 4.8, and Kittitas County Code Title 12 road standards, the following mitigation
measures will be required. In addition, because of the lengthy build out of the proposed resort
and the limitations on precise traffic impact predictions when dealing with such long time
frames, the mitigation measures include ongoing traffic monitoring requirements to be set out in
a Transportation Monitoring Program, presently dated May 3, 2005 (for purposes of this
Transportation Section only. the ·'Effective Date" as used in this Section) as amended from time
to time (the "TMP") to better evaluate the predictions made in the EIS and to provide tor
adjustments to required mitigation and/or its timing. or possible new mitigation measures. if
determined necessary to mitigate probable significant adverse impacts ofthe resort development
identified in that subsequent monitoring.
C-1 On-site Transportation Improvements. The applicant shall be responsible tor all of the costs
associated with the design and construction of all of the on-site transportation improvements
necessary to serve the MPR development. Those specific improvements required to serve any
particular phase or subphase shall be imposed as conditions of approval of the site development
plan and/or preliminary plat for that particular phase or subphase and shall be constructed prior
to final plat approval of any phase or subphase or occupancy. whichever is applicable and occurs
tirst. All on-site roads shall be approved by Kittitas County, privately constructed to Kittitas
County road standards. as specifically modified by the approved Development Agreement
Exhibit J and shall be maintained by the applicant. The applicant shall identify one or more
entities (e.g .. corporation. homeowners association or other entity) that shall be legally and
tinancially responsible for maintenance of on-site roads. The applicant shall remain responsible
until the applicant proposes and the County approves an alternative entity as described in the
transfer of obligations section of the Development Agreement.
C-2 MPR Access Improvements. The applicant shall be responsible for all of the costs
associated with construction of new intersections with existing County. state and private roads
that are constructed for the purposes of providing access to the resort, including. but not limited
to any signage or signalization at those accesses, if determined necessary based on the results of
traffic monitoring. All such accesses shall include left turn lanes. if warranted. Right turn radii
and taper improvements shall be incorporated in the initial design of these entrances to anticipate
future needs. Other MPR access improvements as shown on the MountainStar Resort
Conceptual Master Plan approval shall be constructed consistent with Exhibit J of the
Development Agreement, as amended. and imposed as conditions of approval of the site
development plan and/or preliminary plat for that particular phase or subphase requiring the
access.
Suncadia MPR Conditions of Approval
December 2. 2008
Page 16
Index #32
C-3 Signal at Bullfrog Entrance. (Intentionally deleted)
C-4 Bullfrog/SR 903 Intersection. (Intentionally deleted)
C-5 Baseline Traffic Volumes and Initial Annual Background Growth Rate Assumption. The
applicant shall conduct traffic volume monitoring on August 25 through September 4. 2000. to
determine a baseline traffic volume for purposes of calculating proportionate share. Once this
baseline traffic volume data has been collected, it shall be compared to the traffic volume data
from the MPR-FEIS, collected in 1997, to determine an the Initial Annual Background Growth
Rate Assumption. which will be used in calculating proportionate shares for all traffic impact
mitigation assessed on site development plans and/or preliminary plat applications filed within 5
years of the date of this MPR approval, the "Effective Date," as defined in the Development
Agreement The Initial Annual Background Growth Rate Assumption (''IBG'') shall be
calculated as follows:
RBG = (3 TV2000 -l]x 100%
TVI997
REG= initial background growth rate
REG,..., =revised background growth rate after year 5
TJ~, =total volume in year X
BV, =background volume in year x. defined as TV, -Jv!PRV,
AlP R V, = master planned resort volume in year x
If the resulting Initial Annual Background Growth Rate Assumption is substantially different
than that identified in the MPR-FEIS. then additional evaluation of an appropriate Initial Annual
Background GrO\\th Rate Assumption shall be completed by the County for determining
proportionate shares.
C-5A Revised Annual Background Gr0\\-1h Rate Assumption. After the first five years of traffic
impact mitigation proportionate share calculations based on the Initial Annual Background
Growth Rate Assumption determined in Condition C-5. the annual background growth rate
assumption shall be revised based on information provided in the monitoring reports required
pursuant to Condition C-17. This revised rate shall be calculated for each intersection or road
segment monitored based on the change in background traffic at that location over the previous 5
years. The Revised Annual Background Gromh Rate (''RBG") shall be recalculated as follows:
Suncadia tv1PR Conditions of Approval
December 2, 2008
Page 17
Index #32
This Revised Annual Background Growth Rate Assumption shall then be applied to determine
the County's share of any off-site traffic mitigation required as conditions of approval of any site
development plan and/or preliminary plat application filed after the first five-year period.
C-6 Proportionate Share. The applicant shall be responsible for its proportionate share of any
off-site traffic improvements described in Condition C-9, including any additional mitigation
measures for off-site improvements identified through the monitoring program described in
Condition C-17. Proportionate Share shall be calculated as follows:
a. First, the Projected Added Traffic Volume for the intersection or road segment shall be
calculated by subtracting the baseline traffic volume determined by the traffic counts
required by Condition C-5 from the total amount of traffic that is projected to be using
the road segment or intersection when the proposed phase or sub phase of the resort
development has been constructed and occupied. This projection must include both any
Background Grmvth projected as well as any traffic projections from the proposed phase
or sub phase of development based on the method of traffic projection in the EIS as may
be modified based on the results of monitoring. Summer weekend PM peak hour (Friday
afternoon through Sunday evening) shall be the time period used for measuring and
projecting traft]c volumes.
b. Second, the Added Traffic Volumes shall be divided into an MPR share and a County
share. The County's (or public) share shall be the Annual Background Growth Rate
Assumption described in Conditions C-5 and C-5A, multiplied by the number of years
between the date of this MPR approval (the "Effective Date''. as defined in the
Development Agreement) and the year in which the particular traffic improvement is
projected to be necessary to maintain the required level of service described in Condition
C-14. That Annual Background Growth Rate Assumption shall be determined as
described in Conditions C-5 and C-5A. The applicant's share shall be the difference
between the County share and the Total Added Traffic Volume.
c. Third, these resulting percentages for the County and the Applicant shall then be applied
to the total cost of the necessary improvements, including all costs to plan. design.
revie\v, permit, obtain funding, inspect and construct the improvement. All identified
off-site traffic improvements for which there is identified a public share shall be
incorporated, \vhenever possible, into the County· s Six-Year Transportation
Improvement Program to prioritize improvements generally consistent with projected
growth and proposed development of the MPR and to make use of available public
funding sources. The MPR propor1ionate share shall be calculated as follows (see also
Table A for illustrative purposes only):
A·!PR = (A,JPRVx-A1PRV<_1 )x lOO%
share TJI -TV
x x-1
if TV_< -H'x-I :::;; 0, then MP R,1111 ," = 1 00%
C-7 Concurrenc'l. If the existing and projected traffic from a particular phase or subphase of
development being reviewed tbr site development plan or preliminary plat approval will cause
the level of service on affected intersections or road segments to fall below the accepted level of
Suncadia l'v1PR Conditions of Approval
December 2. 2008
Page 18
Index #32
service described in Condition C-14. and if the necessary improvement is one for which the
applicant is only required to pay a proportionate share, as opposed to the full share. and if at the
time the applicant proposes to construct and occupy the phase or subphase of development. there
is not sufficient public funds available to provide the required public share. the applicant may
elect to pursue one oftvvo options:
a. either the applicant can agree to wait to construct the phase or subphase until public funds
are available for the public share of the required transportation improvements: or
b. the applicant can elect to pay the public share of required transportation improvement and
proceed with the phase or subphase. If this option is selected. the County agrees to then
consider adoption of such procedures as are legally available to develop a reimbursement
mechanism. such as Local Improvement District latecomers' agreement or other legal
reimbursement mechanism whereby other property owners who develop their property
beyond existing uses and benefit from such improvements at a later date will be charged
a fair pro-rata share of the cost of such improvements from which they are then
benefiting and from which the applicant can then be reimbursed for its payment of the
public share of such improvement. Nothing in this section shall be construed to require
the County to agree to the establishment of an Ll D. a latecomer's reimbursement or other
legal reimbursement mechanism unless and unti I the County has complied with all of the
constitutional and statutory requirements for consideration of such mechanisms, and then
only if the County determines. in its sole discretion, that establishment of the
reimbursement mechanism is consistent with those requirements.
c. If the applicant provides the County with a proposed schedule of MPR development and
the resulting oftsite traffic mitigation measures for which they expect there to be a
County share. The Public Works Department shall include all projected County shares of
those off-site traffic improvements in its proposed 6-year capital improvement program,
so that the County can plan for funding within that 6-year timeframe.
C-8 Grants and Local Match. Any portion of the improvement costs that may be funded by
federal and/or state grants shall be applied to the County's share of the improvement first. The
applicant's share of the improvement cost (or a portion thereof) shall be used to pay the ''local
match" portion of any grants. If the total grant amount exceeds the County's proportionate share
of the improvement cost, that excess portion of the grant shall be applied to reduce the
applicant's proportionate share of the improvement cost.
C-9 Offsite Improvements. Subject to the provisions of Condition C-6, Proportionate Shares. the
following oftsite traffic improvements shall be required. at approximately the thresholds of
development indicated. These improvements shall be imposed as conditions of approval of the
site development plan and/or preliminary plat or binding site plan for that particular phase or
subphase that includes the threshold of development indicated for the particular improvement
and shall be constructed prior to final plat or binding site plan approval or occupancy. whichever
is applicable and occurs first. As described in more detail in Condition C-17, based on the
results of the monitoring program, the County may modify traffic improvement mitigation
measures at these or other intersections or road segments or may adjust the timing of these offsite
mitigation measures ifthe results ofthe monitoring justify such changes.
Suncadia MPR Conditions of Approval
December 2, 2008
Page 19
Index #32
a. First and Oakes. As a condition of the approval that contains the 1,0001h MPR
Accommodation Unit, install northbound and southbound left turn pockets on Oakes
Street at its intersection with First. The need and timing for a traftlc signal at this
intersection shall be determined through the monitoring program described in Condition
C-17. The parties contemplate that construction of this improvement will require
cooperative implementation between Kittitas County, the City of Cle Elum and the
applicant.
b. 1-90 EB Ramps and SR 970. As a condition of the approval that contains the 2200th
MPR Accommodation Unit, convert the eastbound stop to a southbound stop or all-way
stop. The parties contemplate that constmction of this improvement will require
cooperative implementation between Kittitas County, WSDOT and the applicant.
c. Traffic Signal at Bullfrog and SR 903. The need and timing for a traffic signal shall be
detennined through the monitoring program described in Condition No. C-17. The
parties contemplate that construction of this improvement will require cooperative
implementation between Kittitas County. WSDOT and the applicant.
C-1 0 Countv Review Costs. All County Public Works Department costs for labor. equipment
materials and overhead, including any costs associated with additional staff and/or outside
consultants (including development review, in-house design. construction inspection, etc.,) shall
be included in detennining the total cost of the particular improvement. These costs shall either
be paid 100% by the applicant, if related to the improvements for \vhich the applicant is fully
responsible or paid by the County and the applicant based on the proportionate shares of the
improvement determined as described in Condition C-6. The County Public Works department
shall. for each improvement, provide the applicant with information that identities the expected
hourly rates and other costs that are anticipated for the particular improvement as part of the
Depat1ment's comments on the particular site development plan or preliminary plat application.
C-11 Mapping and Addressing. The applicant shall provide to the County all mapping and
addressing of the MPR development in a form consistent with the County's existing addressing
system and in such GIS or other database format requested by the Public Works Department
consistent with how such information is maintained by the Department. Applicant shall provide
City and zip code information for the entire MPR site before final approval of the first phase or
subphase.
C-12 Public Use ofOn-Site Trail and Road System. The MPR trail and road systems are private
facilities, a portion of which the applicant will invite the public to use on a limited basis. These
trail and road systems may be designed to connect to existing off-site public trails and roads
where appropriate. The design of roads shall include necessary safety measures to address trail
crossings and road intersections of County. State. and private mads, in confonnity with
Attachment J of the Development Agreement. In keeping with the general character of a Master
Plan Resort, access to those portions of the resort that include visitor oriented amenities and
recreational opportunities will be generally open to public access. Other portions of the resort
property, how·ever. may be permanently restricted from general access. Nothing in this Condition
is intended to constitute a grant or dedication of rights to the public. The applicant may make and
enforce reasonable regulations and restrictions relating to the use of the MPR's trails and roads,
including, but not limited to, the following purposes:
Suncadia MPR Conditions of Approval
December 2, 2008
Page 20
Index #32
a) To ensure an atmosphere compatible \Vith the purpose of a destination resort;
b) To protect usage rights and property rights of resort guests and property owners;
c) To promote orderly management and use of the resort property:
d) To protect habitat. \Vildlife and the natural features ofthe property;
e) To assure conformity \1/ith the conditions of the MPR approvals. stewardship
plan. and all other resort management plans and governing documents:
t) To ensure public safety:
g) To prevent prescriptive easements;
h) To satisfY pre-existing easements or access rights.
These regulations may also include closures, restrictions and requirements on access consistent
\Vith the operation of a Master Planned Resort. Any closures or restriction shall not prevent or
hinder access necessary tor emergency vehicles and shall be equipped with compatible
OPTICOM or equivalent emergency vehicle access devices.
All public use may be structured by the applicant as a limited license to use certain MPR trails
and roads subject to resort regulations. The applicant, as property owner, shall continue to have
the right to enforce its regulations in a reasonable manner: and. at its sole discretion, detennine
cases of revocation ofthis limited license to use its property.
The applicant shall observe all valid. pre-existing easements and access rights and may provide
alternate routes or entry points for pre-existing access rights. all as otherwise allowed by law.
If monitoring of off resot1 recreation impacts by resort guests indicates a need tor mitigation,
credit shall be given tor the recreational usage on the resort so long as it is made available to the
public.
The County Public Works Director shall review the MPR road system and any restrictive gates at
the time of subdivision application and shall determine the conformity of such application with
the above Conditions, Attachment J ofthe Development Agreement, and public safety
requirements.
C-13 Snowmobile Use. The applicant may allow snowmobile use for limited purposes on
selected routes within the MPR. These routes will be selected and identified only to allow guests
and residents of the MPR to exit the property at certain points to off-site snowmobile trails and
roads. The equestrian center located in planning area 7 may serve as a snmvmobile staging area
and/or snmv park and an access to off-site areas where snowmobile recreational use is allowed.
It is generally the intent of the applicant not to allow on-site snowmobile use. and the applicant
shall have the right to implement rules and regulations to control or prohibit snowmobile use
consistent with this Condition.
The applicant will co-operate with local and state and federal agencies and organizations to
identity a mutually acceptable route to connect to snowmobile areas of the Teanaway and Cle
Elum ridge with the areas of Easton Ridge west ofthe MPR property.
Suncadia l'v1PR Conditions of Approval
December 2, 2008
Page 21
Index #32
To the extent snowmobiles are aiiO\ved to be used on MPR property, they shall be required to be
appropriately muffled and licensed and be operakd in a safe manner. Speed limits for
snowmobiles shall be in effect and appropriately signed and noticed. Snowmobile use shall be
prohibited on road surfaces used for vehicular traftic.
C-14 Level of Service. For purposes of determining when traffic improvements are necessary to
mitigate a significant impact to level of service. all traftic Conditions. traffic monitoring and
future traffic assessments shall use the summer weekend PM peak hour volumes and. at
intersections, shall evaluate both the average intersection level of service drop and the worst lane
or movement level of service drop to determine if improvements are required. The County shall
use the LOS standard from the 1998 Kittitas Comprehensive Plan (LOS D for urban areas and
LOS C for rural areas) for all subsequent actions. Bullfrog Road is currently classilied as a rural
major collector. requiring LOS C.
C -15 Traflic SiE:nals and fire/EMS Service. At the point that the LOS requires adding a traflic
signal or signals in the Upper Kittitas County, the applicant shall outfit the Fire/EMS vehicles
that respond to the MPR and shall equip the traffic signal(s) with appropriate OPTICOM, or
other similar equipment or system that is determined appropriate by the County for the safe
movement of Fire/EMS equipment through congested intersections.
C-16 Construction Impacts. Prior to commencement of any clearing, grading or other
construction activity on the site. the applicant shall provide a video inventory of the existing
condition of all transportation routes anticipated to be used by MPR construction traffic,
including those located within municipal corporate limits. In conjunction with the site
development plan tor each phase and subphase of MPR development the applicant shall prepare
and submit a construction traflic management plan to the County Road Engineer for approval.
This plan shall include, at a minimum, the following:
a. an update of the video inventory of existing road conditions. if necessary;
b. the projected number of daily truck trips over 40.000 pounds gross vehicle weight
(GVW):
c. the route between the MPR and local origins/destinations or Interstate 90 to be taken by
these construction vehicles making multiple trips for the same purpose;
d. the type, quantity and duration of temporary traftic controls proposed to ensure that
employee and construction truck and equipment traffic is directed on routes and to site
entrances that are consistent with any adopted truck haul routes and that otherwise
minimizes impacts to existing traffic, road facilities and MPR visitors and residents;
e. the proposed method to evaluate road conditions shall be consistent with the County's
pavement management system after completion of construction to identify any
construction-related repairs that must be provided;
f. any other information the Public Works Department reasonably deems necessary to meet
County standards for construction activities on public roads.
A copy of these construction traffic management plans shall be provided to WSDOT and any
City or Town through ,,.·hich construction traffic is proposed to be routed tor review and
comment prior to County approval. The County shall make a decision on appropriate
Suncadia MPR Conditions of Approval
December 2, 2008
Page 22
Index #32
construction traffic management and mitigation based on any input received from WSDOT and
any City or Town. Restoration shall be in accordance with Kittitas County Code. as amended.
C -17 Monitorin~r Proe:ram. On or before June I. 200 l, the applicant shall submit for approval by
the County a comprehensive transportation monitoring program to document MPR-generated
traffic, background growth-generated traffic and any cumulative traffic impacts from UGA or
other significant development and to provide regular and current traffic condition information
upon which to base traftlc mitigation requirements for all future development approvals for the
MPR. This monitoring plan must be approved by the Public Works Department prior to any
additional site development plan approvals, or plat approvals after the June I. 200 I submittal.
The monitoring program is intended to provide information both to confirm the appropriate
timing and scope of those traffic mitigation measures identified specifically in these Conditions,
as \vel! as to establish a mechanism to identify any other unforeseen MPR traffic related impacts
that require additional mitigation.
a. The monitoring program shall provide for annual monitoring, unless the Director of
Public Works and the applicant approve an altemate frequency for some or portions of
the monitoring requirements.
b. The monitoring program shall include some method of phasing site development
approvals and/or preliminary plat approvals such that any additional mitigation measures
determined necessary based on this monitoring program can be imposed as conditions of
approval of subsequent phases or subphases of site development plans or preliminary
plats.
c. All costs associated ,,.·ith preparation of the monitoring program, as well as its
implementation and data assessment including but not limited to the costs incurred by
the County to review and analyze the monitoring information shall be bome in full by the
applicant.
d. The applicant and the County shall solicit comments from WSDOT. the Town of Roslyn,
the Town of South Cle Elum and the City of Cle Elum (hereinafter. "WSDOT and the
Cities") on the scope of the monitoring program prior to its approval by the County and
its implementation. The County will make a decision on the scope of the monitoring
based on any input received.
e. At a minimum, the monitoring program shall include documentation of traffic volumes
tor Labor Day weekend and the week and weekend prior to Labor Day at the following
locations:
1. all proposed MPR accesses to public roads
11. Bullfrog Road/I-90 interchange. including evaluation of queues exiting 1-90
111. Bullfrog Road south if its intersection with SR 903
1v. Bullfrog Road north of its intersection \Vith the I-90 westbound ramps
v. SR 903 east and \vest of the intersection at Bullfrog Road.
v1. The intersection of S R 903 and Pennsylvania Avenue in Roslyn.
v11. The intersection of First and Oakes in Cle Elum
viii. The intersection of First and South Cle Elum Way in Cle Elum
ix. The intersection of Second (SR 903) and South Cle Elum Way in Cle Elum.
x. Such other intersections or road segments that the Public Works Department can
demonstrate are expected to experience or are experiencing a potential significant
Suncadia MPR Conditions of Approval
December 2, 2008
Page 23
Index #32
increase in traffic volumes above year 2000 baseline volumes identified in
Condition C-5.
f. The scope shall also include monitoring of non-holiday summer weekend parking
demand in Roslyn and Cle Elum. In addition, local travel patterns of MPR guests will be
documented through periodic origin/destination surveys. MPR trips shall be identified as
those trips that cross an MPR boundary.
g. The monitoring program shall also include a method to reevaluate the background grO\vth
assumptions as described in Conditions C-5 and C-5A.
h. In addition to the traftic volume monitoring described in subsection (e). the monitoring
program shall also include proposed methods to monitor the following potential traffic-
related impacts:
I. a comparison of the historic road operation and maintenance needs and associated
costs prior to MPR construction and development as compared to current road
operation and maintenance needs and associated costs (including methods such as
review of pre-and post-development pavement management system costs) and the
extent to \vhich projected increased revenues from the MPR development are
sufficient to cover such increased costs. This assessment may be included either as
part of the traffic monitoring program, or as part of a separate fiscal impact
monitoring program conducted for government facilities and services more
generally:
u. an evaluation, based on accepted guardrail warrant and/or other safety standards, of
whether the increased traffic volumes warrant installation of guardrails and/or other
safety improvements along portions of Bullfrog road:
iii. the need for road segment capacity improvements or new road segments related to
MPR traftic at locations other than the intersections previously identified.
iv. whether increased traffic volumes or the size or amount of construction traffic
related to the MPR development requires improvements to the Cle Elum River
Bridge on Bullfrog Road, based on accepted bridge rating standards.
v. the increase in airplane use of existing airport facilities (Bowers Field and the Cle
Elum airport) by MPR visitors to determine whether MPR visitors are generating a
need for facilit)' improvements to accommodate increased aircraft use.
I. The monitoring program shall also include a periodic assessment of the pedestrian and
vehicular safety at the Cle Elum-Roslyn School campus on SR 903. and shall require
mitigation if detennined necessary to meet accepted school safety standards. This
assessment shall include input from the School District on both the methodology and the
results.
J. The baseline monitoring information described in Condition C-5 shall be collected on
August 25 through September 4. 2000. Subsequent deadlines for monitoring shall be
established in the comprehensive traffic monitoring program to be adopted by the
County.
k. Each required monitoring report shall include. at a minimum. the following information:
1. results of any traffic counts
ii. development status ofthc MPR (approved units and occupancy)
III. comparison of MPR development and traffic counts to MPR-FEIS forecasts
IV. identification of completed and planned road improvements
Suncadia MPR Conditions of Approval
December 2, 2008
Page 24
Index #32
v. identification of intersections or road segments that are approaching Kittitas County
LOS standards
VI. the results of any of the other monitoring elements beyond traftic volumes that are
identified in this Condition or required by the approved monitoring plan
vii. recommendations on any changes to the timing or type of traffic mitigation
proposed, to maintain acceptable LOS. consistent with accepted transportation
planning and engineering practices.
viii. Additional information as may be required by Director of Public Works, based on
the results and recommendations ofprevious monitoring reports.
I. Trendwest, WSDOT and/or the Cities shall receive a copy of any monitoring report that
addresses traffic within their jurisdiction and be provided an opportunity to comment.
The County shall make a decision on the results of the monitoring program, including
any decision to modifY any of the traffic mitigation after consideration of input received.
C-18 SR 903 Studv. On or before September 30. 2002. the applicant shall study the traffic
operations for the segment of SR 903 between Bullfrog Road and Morrel Road, just west of
Ronald. The focus of this •would be to identify potential improvements to this road segment
consistent with goals identified in a community planning process. The scope of this analysis
shall first be submitted to WSDOT and the City of Roslyn for review and comment, and
opportunity should be given for public comment on this scope prior to commencement of the
study or implementation of any recommendations.
C-19 Evaluation of Shuttle Service. Not later than occupancy of 2500 MPR units, the applicant
shall investigate the feasibility of operating a shuttle service between Roslyn, Cle Elum and the
MPR as a means to reduce MPR generated tratlic. This feasibility study shall include an
opportunity for public comment on any such proposal. and shall address realistic funding
sources. Requirements for trat1ic improvements will be reconsidered and may be reduced. if this
study results in operation of a shuttle program that produces traffic reductions sufficient to
support reductions in mitigation requirements.
C-20 Roslvn/MPR Trail Connection. To reduce off-site traffic and parking demand in Roslyn,
the applicant may be required to provide a trai I linking the MPR trail system to the Roslyn street
system. A parking lot sized to accommodate demand may also be required at a trailhead within
the MPR to facilitate this pedestrian connection.
C-20A Utilitv Franchises. No utilities may be installed within public rights of way, except
pursuant to the terms of an approved Utility Franchise Agreement and with necessary right of
way permits from the County or respective City \vhose right-of-way is being impacted.
C-208 Right of Wav. The applicant shall be required to dedicate without any cost to the County
any additional right of way owned by the applicant that is necessary for any of the required
access or off-site traffic mitigation improvements that are to be transferred to County ownership.
If the necessary right of way is not owned by the applicant. then condemnation costs shall be
allocated according to the proportionate share calculations for the particular improvement.
Suncadia l'v1PR Conditions of Approval
December 2, 2008
Page 25
Index #32
Cultural Resources. The EIS discusses adverse impacts to cultural resources and identifies
mitigation measures that should be implemented. Pursuant to Kittitas County SEPA Ordinance
Section 15.04.200(d), Comprehensive Plan Policy GPO 2.196. Section 2.2(C) and Policy 2.38,
and Shoreline Master Program goals, policies. use regulations and environment designations. the
~ '
following mitigation measures will be required.
C-21 Mitigation measures available to ensure protection of all significant cultural resources on
the MPR site. as identified in the EIS. and the traditional cultural property. include: (I)
avoidance; (2) limited testing to detennine the significance and extent of properties deemed
potentially significant to the National Register of Historic Places: and (3) using approved cultural
resources plan, the placement of a protective overburden may be placed on top of known
significant properties creating an undisturbed barrier between the resource and development
activity: and (4) excavation to recover significant cultural information prior to negatively
impacting any National Register eligible properties. A voidance of impacts to all previously
identified significant cultural resources can be obtained by establishing a 150-foot buffer around
known resource areas. If it is determined that avoidance of a resource area is not possible.
proposed construction or landscape alteration that intrudes into the prescribed buffer area shall
be conditioned on the applicant conducting archaeological subsurface testing. This testing will
be completed prior to any disturbance to adequately document the extent and potential of the
cultural resources for nomination to the National Register of Historic Places. The applicant shall
consult with the Washington Office of Archaeology and Historic Preservation (OAHP) and the
Yakama Nation to determine whether additional mitigation measures are necessary. The
applicant shall notify Kittitas County of the results of such investigation and consultation.
C-22 Prior to any disturbance to known significant resources areas, as identified in the Draft and
Final EIS Cultural Resources information, an archaeological permit must be requested from
OAHP, State permission granted. and archaeological testing conducted to determine the
significance and extent of the cultural resource. Necessary mitigation measures are determined
after testing in consultation with the State OAHP and the Yakama Nation.
C-23 Prior to any land disturbing activities within identified cultural constraint areas steps will
be taken to ensure the protection of all potentially significant buried cultural resources. These
steps include: (I) a series of subsurface test probes shall be completed to ensure the
identification and protection of all significant buried cultural resources; or (2) using an approved
cultural resources plan, a protective overburden shall be placed on top of the cultural constraint
area creating an undisturbed barrier between any potential buried cultural resources and proposed
land disturbing activities. All cultural resources identified through such testing shall be protected
as outlined in Conditions C-21 and C-22 above.
Aesthetics, Light and Glare. The EIS discusses adverse impacts to aesthetics. light and glare
and identifies mitigation measures that should be implemented. Pursuant to Kittitas County
SEPA Ordinance Section 15.04.200(d). Comprehensive Plan Policies GPO 2.190, 2.191. 2.192,
2.194. 2.196 and 2.197. and the goals. policies. usc regulations and environment designations of
the Shoreline Master Program. the following mitigation measures \viii be required.
Suncadia MPR Conditions of Approval
December 2. 2008
Page 26
Index #32
C -24 Proposed building materials. design and other architectural and landscape features of the
MPR. including signage and lighting. shall be designed to help structures fit within the visual
setting. The developer shall in consideration of building design and materials address the need
for fire resistively in construction. Wildfires are spread via the radiant heat that is produced.
The use of fire resistive materials lessens the chance of wildfire spread. The MPR is in a high
fire danger area.
C-25 The applicant shall prepare. and submit to Kittitas County for approval, proposed
covenants. conditions and restrictions (CC&Rs) applicable to privately owned residential
units/buildings within the MPR. The CC&Rs shall address, at a minimum. the following
concerns: building materiaL color and design: limits on clearing open space portions of
individual lots: accessory buildings: landscaping requirements and limitations; lighting: policies
regarding domestic pets: storage and use of toxic or hazardous materials (e.g. pesticides,
herbicides): and maintenance. Some ofthese elements are expressly addressed in Exhibit J to the
Development Agreement. All CC&Rs shall be consistent with such Exhibit J. In addition, the
County shall ensure consistency of these elements of the CC&Rs with applicable policies in its
Comprehensive Plan: other elements of the CC&Rs are not subject to review by the County. The
applicant and County may address the above mentioned standards in the MPR Development
Agreement. The applicant shall add to the covenants list the following items:
(a) All building including private SFR single family residence. MFR multi family residence and
buildings required under the most current building code adopted. shall have approved tire
sprinklers installed, tested and maintained as listed in National Fire Protection Association
sections 13. 13D, 13R.
(b) All buildings shall have a defensible space requirement around each structure. Defensible
spaces shall be determined by application of formulas found in .;Recommendations for Fire
Safety and Prevention", dated March 1999, copies of which are available in the office of the
Kittitas County Fire Marshal. Defensible space around structures does not constitute a portion of
the developed area of a lot or parcel, and shall not be counted against any applicable lot coverage
restrictions.
(c) The Wildfire Hazard Severity Rating shall have the following additional adjustment factors''
• Fire sprinklers in structures-subtract three (3) points: and
• External underground sprinklers-subtract one (I) point.
d) Overall vvildfire rating for the MPR:
Point Totals
Low = 0-15 points
Moderate= 15-30 points
High= 30-45 points
Extreme = 45+ points
Suncadia MPR Conditions of Approval
December 2, 2008
Defensible space distance from structures
10 feet
20 feet
25 feet
30 feet+
Page 27
Index #32
C-26 Concurrent with submittal of the tirst site development plan, the applicant shall prepare and
submit to Kittitas County, a lighting plan for the MPR. The plan shall incorporate the following
standards:
a) Use offull-cutotT shielding on outdoor light tixtures:
b) Mounting of light fixture luminaries at a height of not greater than 30 feet;
c) Establishment of roadway lighting standards based on needed light distribution and the
luminance ofroadYvay surfaces:
d) Use of high-pressure sodium (l-IPS) outdoor lights;
e) Usc of timer controls to regulate when and where lighting would occur:
t) Avoiding unnecessary lighting ofbuilding facades; and
g) adoption of standards/recommendations for exterior lighting intensity detcnnined by the
Illuminating Engineering Society ofNorth America (lESNA).
The applicant and County may address the above mentioned standards in the MPR Development
Agreement.
Recreation. The ElS discusses adverse impacts to recreation and identifies mitigation measures
that should be implemented. Pursuant to Kittitas County SEPA Ordinance Section 15.04.200(d),
Comprehensive Plan Policies GPO 2.187, 2.198-2.20 I, and the goals. policies. use regulations
and environment designations of the Shoreline Master Program. the following mitigation
measures will be required.
C-27 All on-site trails shall be clearly marked to indicate intended trail uses. and to minimize the
potential for user cont1icts. Coordinate with neighboring landowners, public and private. to
coordinate access management and prevent trespass problems with neighbors.
C-28 Public infonnation such as signs. maps or brochures shall be developed. in coordination
with public agencies where possible and provided on the site to describe on-and off-site
recreational resources and associated rules.
C-29 The applicant shall conduct periodic surveys of guests and residents to identify on-site and
off-site recreational activity patterns. The applicant shall share this infonnation with recreation
providers to assist them to monitor use patterns at recreation resources considered to be sensitive
and/or subject to use pressures. Modification of on-site recreational programs or facilities shall
be considered. if warranted, if excessive off-site recreational use by MPR visitors occurs.
Public Services. The El S discusses adverse impacts to public services and identifies mitigation
measures that should be implemented. Pursuant to Kittitas County SEPA Ordinance Section
15.04.200(d). and Comprehensive Plan Policies 2.209-2.215, the following mitigation measures
will be required.
C-30 Required conditions for public services are based. in large part. on assumptions and
analyses of costs and revenues to Kittitas County and other service providers identified in the
Final EIS. The applicant shall verify, monitor and report on costs and revenues accruing to
Kittitas County. the Cities of Cle Elum. South Cle Elum. and Roslyn and any other service
Suncadia I\1PR Conditions of Approval
December 2, 2008
Page 28
Index #32
providers periodically throughout development of the MPR. Such reports shall be submitted at
the end ofYear I. Year 3, Year 5. Year 7, Year 10, and thereafter in 5-year increments until full
buildout. The Conditions herein shall be modified, as appropriate, to reflect changes in MPR
construction plans or operations that result in significant modifications to expected revenues and
costs.
Law Enforcement
C-31 The applicant shall establish an in-house security-EMS-tire response force that provides
24-hour. service on site.
C -32 The applicant shall provide private security personnel, vehicles. and equipment on or near
the Trendwest Property to serve the Resort. Prior to the issuance of the final certificate of
occupancy for the Suncadia Lodge. the applicant shall provide facilities to Fire District #7 as set
forth in C-36 and consistent with County Resolution 2007-11. The applicant shall provide space
on-site, or in the immediate vicinity. to the Washington State Patrol and Kittitas County Sheriff
for a "substation" and for storage of emergency equipment (such as snow machines and a boat)
on a schedule and at location(s) to be agreed upon by the applicant, the Washington State Patrol
and the Kittitas County Sheritl'. The applicant shall provide funding to Kittcom according to the
Cooperative Agreement dated June 8, 2000 as attached to these Conditions.
C-33 (Intentionally deleted)
C-34 (Intentionally deleted)
C-35 Deleted.
Fire Protection
C-36 The applicant shall establish an in-house. multi-service security/fire/EMS unit
appropriately trained and equipped to respond as an initial-attack fire force. The persons in this
unit shall be affiliated to each parent organization. Fire District No. 7 and the applicant have
entered into an agreement dated July 25 .. 2006, as approved by the County under Resolution
2007-11, which shall govern the obligations of each. KCHD #2 will require the affiliation to an
EMS service within Kittitas County to allow pre-hospital care as directed by the Medical
Program Director.
C-37 All principal MPR structures with assembly, business, mercantile. residential, storage. and
mixed use occupancies. shall be equipped with automatic fire sprinkler systems designed and
installed in accordance w·ith applicable codes and standards. The Kittitas County Fire Marshal
shall determine whether additional buildings, not described previously, shall also be required to
be sprinklered.
C-38 Trendwest shall establish suitable operating protocols with KITTCOM, the County
Sheriff's Office. and the Washington State PatroL the Kittitas County Search and Rescue
Council, and the Roslyn and Cle Elum Police Departments, concerning the pathway for
automatic alarms, telephoned alarms, dispatch, radio transmission and related issues relating to
MPR emergencies. A UL approved site shall monitor all fire suppression and fire alarm
Suncadia MPR Conditions of Approval
December 2. 2008
Page 29
Index #32
detection automatic alan11S. This is required by nationally recognized Fire Sprinkler codes,
NFPA 13. 130 & 13R
C-39 The applicant shall prepare and disseminate a comprehensive. all-hazards emergency action
plan for the MPR. The plan. which shall be available by the commencement of construction,
shall be incorporated into an employee orientation and training program.
C-40 (Intentionally deleted)
C -41 (Intentionally deleted)
C-42 (Intentionally deleted)
C-43 (Intentionally deleted)
C-44 (Intentionally deleted)
Emergency Response/Aid Services
C -45 (Intentionally deleted)
C -46 (Intentionally deleted)
C-47 (Intentionally deleted)
Utilities. The EIS discusses adverse impacts to utilities and identifies mitigation measures that
should be implemented. Pursuant to Kittitas County SEPA Ordinance Section 15.04.200(d),
Comprehensive Plan Policies 2.210-2.214. the following mitigation measures will be required.
C-48 In coordination with Kittitas County's Solid Waste Department and the Department of
Ecology, the applicant shall develop and implement a solid waste management plan for the MPR
(the ''Plan''). The Plan, as amended. shall address expected waste volumes. waste reduction,
recycling and handling considerations for all types of wastes. The Plan shall include a recycling
program to reduce solid waste volumes needed for disposal. The Plan shall be submitted in
accordance with the 1997 Kittitas County Solid Waste Management Plan. as amended, for
consideration as a project specific amendment. The Plan shall complete the approval process in
accordance with the 1997 Kittitas County Solid Waste Management Plan, as amended, and, upon
approval by the County Commissioners in accordance with the appropriate process, shall become
an MPR condition of approval.
C-49 The following Conditions are necessary to mitigate impacts related to the Upper Kittitas
County Transfer Station. The applicant shall be responsible for its fair share of costs associated
with improvements required to mitigate identified adverse impacts attributable to the proposal.
The applicant's fair share contribution is 54% ofthe total costs for engineering and construction
of a new transfer station facility, provided that in the event any future development (including
any upper county urban growth area) is required to provide for SEPA mitigation. impact fees, or
similar fees to pay for all or a portion of the cost of the new transfer station. then the applicant
Suncadia :viPR Conditions of Approval
December 2, 2008
Page 30
Index #32
shall be entitled to a fair share contribution adjustment (including reimbursement, if applicable)
of such cost contribution.
C-50 (Intentionally deleted)
C-51 The following Conditions are necessary to mitigate impacts related to recycling.
As provided in the Plan, the applicant shall establish recycling facilities as provided in the
Plan.
C-52 (Intentionally deleted)
C-53 (Intentionally deleted)
C-54 The follov-.ing Condition is necessary to mitigate impacts related to septage.
The applicant shall install no more that six (6) trailside comfort stations, four (4) golf course
comfort stations and a sales office served by septic systems. Pumped septage shall be hauled
directly to the Ryegrass Septage Lagoons for final disposal.
C-55 (Intentionally deleted)
C-56 The following Condition is necessary to mitigate impacts related to equestrian wastes.
The applicant shall not send equestrian wastes through the County owned transfer stations.
Used bedding and horse manure shall be disposed of in accordance \Vith WAC 246-203 and
Board of Health Ordinance# 1999-01. All such materials shall be hauled off-site for
disposal.
C-57 Trendv.iest shall ensure that all solid waste generated trom resort properties is handled in
accordance with Kittitas County Board of Health Regulations 99-01 or as amended regarding
solid waste.
Housing. The EIS discusses adverse impacts to housing and identifies mitigation measures that
should be implemented. Pursuant to Kittitas County SEPA Ordinance Section 15.04.200.
Comprehensive Plan Policy 2.205 and Policies 3.1-3.20. the following mitigation measures will
be required.
C-58 Trendwest shall develop and implement a program to mitigate MPR housing impacts. as
described below. The program shall include a combination of activities that will provide and/or
encourage the development of housing to address the demand created by the MPR.
Direct Actions
C-59 Monitoring Program. The applicant--in cooperation with Kittitas County, and the cities
of Cle Elum, South Cle Elum. Roslyn, Kittitas and Ellensburg-shall establish a monitoring
program. The program will compile public and private information about population,
employment, housing, land supply and development activity. It will be used to assess hO\V much
Suncadia MPR Conditions of Approval
December 2, 2008
Page 31
Index #32
housing is available, being produced in the area and/or required to meet anticipated demand.
Monitoring shall. at a minimum, address the following elements:
a) MPR employee demographic information;
b) land use, population and housing information (population and housing projections. zoned
land available for housing. recent sales/rentals. housing vacancy rates. housing cost:
c) number of housing units in the development pipeline (approved but unbuilt, approved
preliminary plats, vested applications, etc.).
The participants shall establish benchmarks to help identifY changes attributable to MPR
employment, and the thresholds that will trigger housing actions identified in these Conditions.
Monitoring shall commence with approval of the first site development plan tor the MPR, and
shall proceed in yearly increments through Year I 0 (or approximately 2,400 units, 500 hotel
rooms, 36 holes of golf, and 150.000 sf of commercial use) after which time a revised schedule
\Viii be adopted. Housing monitoring reports shall be prepared semi-annually, or at some other
frequency acceptable to the participants, to document housing supply and demand. Reports will
be made available to the public.
C-60 Housing Production. To the extent that such housing is not produced in a timely manner
by private housing developers. and using the tools identified in Condition No. C-6 I, Trendwest
shall directly provide. as necessary. the amount. type and cost of housing necessary to mitigate
direct impacts associated with MPR operations and construction employment. If the supply of
new housing. as identified in the monitoring program, lags behind anticipated need --as
identified in the Final EIS. or in future adjustments of the data in the EIS --then the applicant
shall develop, directly or through joint venture, or will cause to be developed, sufficient housing
to meet the anticipated need. This housing may be provided on-site or off-site. as pem1itted by
Kittitas County Comprehensive Plan policies.
C-6 I The applicant shall prepare and implement a program providing incentives designed to
facilitate the planning. financing and development of housing to meet needs created by the MPR.
The program shall be developed with input from the county and nearby cities, and shall be
submitted to Kittitas County concurrent with subminal of an initial application for development
of the MPR. The housing program shall consider and propose one or more of the following
elements, as necessary to meet demand:
(a) low interest loans to employees (subject to credit and employment criteria), guarantees of
leases tor an agreed-upon percentage of multi-family units built by local developers. and
land subordination for construction loans obtained by local builders:
(b) tinancial and other support tor ongoing planning in local jurisdictions to encourage
sufficient, well-planned and designed housing, including support for design guidelines for
new housing that is consistent with local character.
Suncadia l'v!PR Conditions of Approval
December 2. 2008
Page 32
Index #32
(c) identification of sites on the MPR property that could be used on an interim basis for RV
units for construction workers. Such area(s) shall be adequately separated and screened
from adjacent neighborhoods.
(d) master leasing of existing local RV spaces tor MPR construction workers;
(e) issuance of requests for proposals (RFPs) to builders offering incentives (such as
construction loan guarantees. master lease agreements for blocks of units and/or
participation in land purchases);
(f) preparation and dissemination of market studies, to help identity the market for local
housing production;
(g) creation of a centralized clearinghouse of information about land supply and demand in
the local area. local permitting requirements and similar intom1ation.
(h) appointment of a housing coordinator/manager, to provide housing intom1ation to
employees and coordinate housing programs with local governments. builders. non-profit
organizations and financial institutions. The housing coordinator/manager could also
coordinate with the Kittitas County Action Council and Kittitas County Housing
Authority to support belO\v-market-rate housing programs and explore the availability of
subsidies for low income housing.
Fiscal Conditions. The EIS discusses adverse impacts to fiscal conditions and identities
mitigation measures that should be implemented. Pursuant to Kittitas County SEPA Ordinance
Section 15.04.200, and Comprehensive Plan Policies GPO 2.209-2.221, the following mitigation
measures will be required.
C-62 Based on analysis in the Final EIS. the MPR is expected to generate a net fiscal surplus to
Kittitas County. local cities, the school district, and the State of Washington. No conditions are,
therefore, necessary in respect to these service providers at this time. However, the proponent
shall verify, monitor. and report on costs and revenues accruing to Kittitas County, local cities.
the school district, and the State of Washington periodically throughout development of the
MPR. Such reports shall be submitted at the end of Year I, Year 3. Year 5, Year 7, Year I 0, and
thereafter in 5-year increments until full buildout.
C-63 The applicant shall support and participate in a program to monitor MPR-rclated demands
for law enforcement. fire protection, emergency medical and hospital services. the response
pattern to those service demands by local government service providers. and the costs associated
with the respective jurisdictions' responses. The jurisdictions to be included in this program
would include Kittitas County agencies. Fire Districts 6 and 7. Hospital Districts I and 2. and the
municipalities ofCle Elum, South Cle Elum and Roslyn. The applicant will facilitate mutual aid
agreements among service providers where appropriate.
C -64 The tollov .. ing measures shall be implemented by the applicant if necessary to ensure that
revenue lags to service providers, if any. are identified and mitigated:
Suncadia MPR Conditions of Approval
December 2, 2008
Page 33
Index #32
(a) coordinate with School District 404 to monitor MPR population trends. including
construction worker and operations employee components. and periodically forecast the
school enrollment and associated service costs generated by the MPR and enter into
appropriate shortfall mitigation agreements.
(b) provide funding to the Fire District 7 if necessary to supplement the increased tax
revenues available to support the increased service costs.
(c) in coordination with Hospital District I and Hospital District 2, monitor MPR-related
revenues and costs to the Districts. The applicant shall reimburse the Districts for any
shortfalls between MPR-generated revenues (including fee reimbursements from
patients) and costs.
(d) provide funding to KITTCOM for an additional dispatcher six months prior to
occupancy of the proposed hotel in accordance with the attached Cooperative Agreement.
D. HEALTH Al\'D SANITATION CONDITIONS. Kittitas County has identified the
following Conditions necessary to properly mitigate impacts related to public health and
sanitation.
D-1 Trend west shall submit for on-site sc\vage permits, as I imited in Condition No. C-54
above. only for the sales bui !ding, trailhead, and go If course comfort stations in accordance
with 246-272 WAC or as amended. All other structures shall be connected to the sev-ier
treatment plant system.
D-2 Trendwest shall comply with 246-215 WAC or as amended regarding food service
establishments.
D-3 Trendwest shall comply with 246-260. 262 WAC or as amended regarding pool and spa
regulations.
D-4 Trendwest shall comply with 246-376 WAC or as amended regarding Camps and Parks
for development of such on their properties.
E. MONITORING REPORTS. Kittitas County has identified the following Conditions
necessary to properly monitor the MountainStar Resort.
E-1 (a) The following Conditions of Approval require Trendwest to monitor impacts of the
MountainStar Resort and report the results of that monitoring to the County: B-12 (water
quality); C-5. C-5A, C-9. C-14. and C-17 through C-20 (transportation); C-33 (police): C-40
(fire service/EMS): C-46 (emergency medical and hospital services): C-59 (housing); C-30
(costs and revenues accming to the County); C-38 (fire suppression); C-47 (EMS}; C-62 (costs
and revenues accruing to the County); C-63 (EMS): C-64(c) (costs and revenues accruing to the
County): and C-64(a) (schools). Monitoring reports shall be submitted to the County by
Suncadia l'v!PR Conditions of Approval
December 2, 2008
Page 34
Index #32
Trend\vest pursuant to the timeframes identified in the referenced Conditions with copies
provided by Trendwest to any "Affected Jurisdiction or Public Body" (as defined in the
Development Agreement).
(b) An Affected Jurisdiction or Public Body shall have an opportunity to submit comments to the
County regarding the results of the monitoring repmts and the need for any review and
adjustment of mitigation required under applicable Conditions of Approval in light ofthe
monitoring results. The County shall review the monitoring reports as to completeness and
conclusions. and, with the participation ofTrendwest, shall determine the need for additional
data or need for adjustments to the mitigation required under the Conditions of Approval based
on the monitoring reports. Adjustments to the mitigation required under the Conditions of
Approval may include imposing additional mitigation, reducing or eliminating mitigation
requirements. or altering the timing of mitigation. The County may also determine that no
adjustments to mitigation requirements under the Conditions of Approval are warranted based on
the monitoring reports.
(c) The County shall notify Trend west in writing within thirty (30) days from receipt of a
monitoring report whether such report identifies a need for adjustments to mitigation required
under the Conditions of Approval. Trend west shall respond and any adjusted mitigation shall be
implemented within sixty (60) days ofthe date ofthe County·s letter, unless otherwise agreed to
by Kittitas County.
F. ENFORCEMENT. Kittitas County has identified the following Conditions necessary to
properly enforce the Conditions of Approval for the MountainStar Resort.
F-1 (a) In the event the County detcnnines that Trendwest is not in compliance with a Condition
of Approval, the County shall provide Trendwest with written notice of non-compliance. The
\Vritten notice shall identify the specific Condition of Approval and the alleged basis for non-
compliance. Trendwest shall have ninety (90) days from the date of receiving a written notice of
alleged non-compliance from the County in which to cure the alleged non-compliance.
Trendwest and the County shall cooperate in good faith to infonnally resolve any alleged non-
compliance.
(b) lfTrendwest and the County are unable to resolve Trendwest's alleged non-compliance with
a Condition of Approval, Trendwest may appealthc County's written determination of non-
compliance to the Board of County Commissioners (''Board'') pursuant to appeal procedures in
the Kittitas County Code for appeals of County administrative determinations. The Board shall
render a written decision regarding Trendwesfs alleged non-compliance with a Condition of
Approval following an appeal hearing.
(c) If a dispute continues to exist following a decision by the Board, either Kittitas County or
Trend west may give written Notice of a Demand for Mediation ("Notice of Mediation") to the
other party. Within five (5) days ofthc receipt of a Notice of Mediation, Trendwest and the
County shall select a mediator. \Vho must be a licensed attorney with experience as a mediator or
arbitrator. and with a minimum of fi11een ( 15) years of cumulative experience in the areas of
municipal law, land use law. and commercial real estate or commercial litigation. A meeting
Suncadia MPR Conditions of Approval
December 2, 2008
Page 35
Index #32
with the mediator shall be held within fourteen ( 14) days fi·om appointment of the mediator, on a
date and at a time selected by the mediator after consulting \Vith Trend\vest and the County. The
mediator shall work with Trendwest and the County to produce a suitable compromise. The
mediator shall establish the format ofthe mediation meeting.
(d) The Board's decision on an appeal regarding Trendwesfs alleged non-compliance with a
Condition of Approval shall be appealable to Kiuitas County Superior Court; provided. however,
that the Board's decision shall not be final and appealable until the mediation process set forth in
Condition F-1 (c) is completed. The mediation process shall be deemed completed upon the
later of(i) the completion ofthe mediation meeting or (ii) the date of issuance of a letter from the
mediator terminating the mediation process.
(e) Trendwest's alleged non-compliance with a Condition of Approval is not a basis for the
County to refuse to process or approve any Subsequent Action (as defined in the Development
Agreement), including a Site Development Plan, unless the County reasonably determines that
compliance with the disputed Condition of Approval is necessary for the County to conclude that
the proposed Subsequent Action is consistent with the Conditions of Approval and the
''Applicable Law'' as defined in the Development Agreement.
G. FISCAL PROGRAM. Kittitas County has idcnli fied the following provision to
provide for consistent and on going monitoring of fiscal benefits and impacts generated by the
MountainStar Resort.
G-1 Trendwest has agreed to provide funding for the County to hire a fiscal expert with
experience analyzing the fiscal impacts to local communities, including increased tax revenues.
from new development. That expert, in conjunction with a similar expert retained by
Trendwest, shall develop a Fiscal Program for analyzing the fiscal impacts of MPR
development on the County. local communities and taxing districts, and other service providers
impacted by MPR development. The Fiscal Program shall include provisions for reviewing
and adjusting Trendwest's financial obligations under the Conditions of Approval to reflect
any changes in tax revenues as a result of MPR development. The County shall as necessary
review and adjust Trendwest's financial obligations for the payment of financial mitigation
under the Conditions of Approval (including, but not limited to. those provisions relating to
Law Enforcement, Fire Protection. Emergency Response/ Aid Services, Transportation.
Schools and Housing) consistent with the findings and provisions of the Fiscal Program.
Suncadia l'v!PR Conditions of Approval
December 2, 2008
Page 36
Index #32
This Attachment is intentionally deleted. and its purpose has been replaced by that certain
agreement dated July 25. 2006, between Suncadia and Fire District No.7 as approved by the
County under Resolution 2007-11.
Suncadia MPR Conditions of Approval
December 2. 2008
Page 37
Index #32
EXHBIT .J (Rev. 1) to Development Agreement
Development Standards and Design Guidelines for
MountainS tar Master Planned Resort
December 2, 2008
Section 1 -Introduction
Purpose of Development Standards
The foliO\ving development standards shall apply to the development and design of the
MountainStar Master Planned Resort (MountainStar) to ensure that MountainStar develops in a
manner that maintains the value of the project and its distinctiveness over the long-term. The
MountainStar development standards establish the construction criteria and design guidelines
to implement the MountainStar Conceptual Master Plan. These development standards will
provide greater predictability to Trend\vest, the County and other reviewing agencies, and the
public regarding the standards to be used in implementing MountainStar.
The purpose of these documents is to standardize design and construction elements. where
necessary, for consistency and to address the following additional purposes:
r Safety.
~ Predictability.
, Pleasant appearance.
,_ Economical construction and maintenance.
,. Provide for facilities that perform over the project's design life.
These standards are also intended to serve as a basis and guideline for County review of
speci fie Site Development Plans and other Subsequent Actions. as detined in the Development
Agreement, to implement the MountainStar Conceptual Master Plan.
Changes and Amendments to Development Standards
Changes or amendments to the Development Standards may be necessary during the 30-year
Term of the Development Agreement. In the event the County can demonstrate that a
Development Standard should be changed due to a specific life/safety issue or concern, then
the County staff may recommend, through the condition amendment process. additional
reasonable conditions to prospectively address such issue or concern in subsequent phases of
the development of Mountain Star in keeping with the concept of a master planned resort.
Section 2 -Grading, Erosion and Sedimentation Control
In order to maintain the natural setting of MountainStar. the extent of clearing associated with
project construction will be kept to reasonable minimums through project design and
implementation. The standards established by this Section shall apply to the design and
construction oftemporary erosion and sedimentation control (TESC) facilities for MountainStar.
-,. TESC Best Management Practices (BMPs) will conform to the then current version of
the Vv'ashington State Department of Ecology Storm Water management Manual for
Eastern Washington.
Suncadia Master Planned Resort Exhibit J-Development Standards
December 2. 2008
Index #32
EXHBIT J (Rev. 1) to Development Agreement
Development Standards and Design Guidelines for
MountainStar Master Planned Resort
December 2, 2008
Section 3 -Roads and Non-motorized Facilities
The purpose of this section is to provide a foundation for the development of an integrated, fully
accessible transportation system that addresses the goals and vision of MountainStar. The
components ofthis transportation system include:
>-Roadways.
, Multimodal trails.
>-Nature trails.
';.. Golf course paths.
:r Equestrian trails.
These Development Standards address standards for the proposed private roadways. multimodal,
nature and equestrian trails, and golf course paths within Mountain Star.
All private on-site and public otf-site road improvements and paths and trails constructed within
or in conjunction with MountainStar shall be in accordance with Kittitas County Code Chapters
12.I 0, 12.20, and I2.30 of the Applicable Law as set forth in the Development Agreement except
as specifically modified herein. Consistent with MountainStar MPR Condition C-12. gates will
be allowed to control or close access to roads, trails and paths at the discretion of the Resort and
consistent w·ith the MountainStar MPR Conditions. The Resort will establish design criteria and
prepare designs for gates.
Paths and trails shall be allowed as shown in Table 2. General Considerations
Drainage plans for private roadways within MountainStar arc intended to be consistent with the
Master Drainage Plan. MountainStar Master Planned Resort. April I999 (Rev. July I999).
For all MountainStar purposes hereunder, ''Private Street" shall be defined as follows: "A
privately owned and maintained access provided by a tract, easement or other legal means."
Roadway Classification and Design Criteria
Notwithstanding any provisions seemingly to the contrary contained within the Road
Classification provisions set forth in KCC I2.20.0IO and Table 1 below. all roads \Vithin
MountainStar shall be classiticd as rural. Thickened wedged asphalt curbs or their functional
equivalent may be used to convey stonmvater on all such roads in lieu of roadside ditches.
The Design Criteria for Rural Access and Private Streets and Roads table as set forth in KCC
12.20.050 is hereby moditied to delete the Row "A" classification provisions regarding "Serving
Potential Number of Single Family Units" as set forth in Table I.
The following provisions of KCC 12.20.080 of the Applicable Law regarding Private Roads
shall be inapplicable to MountainStar: KCC 12.20.080(8)(2). (4). (6), (7), (8), (9) and (II) and
KCC 12.20.080(0).
The provisions of KCC 12.20.100 of the Applicable Law regarding Cui-de-sacs shall be
Suncadia Master Planned Resorl Exhibil J-Development Srandards
2 December 2, 2008
Index #32
EXHBIT J (Rev. 1) to Development Agreement
Development Standards and Design Guidelines for
MountainStar Master Planned Resort
December 2, 2008
inapplicable to MountainStar.
Design criteria for MountainStar roadways shall be as set forth in Table L or as otherwise
approved by Kittitas County Department of Public Works. It is expected that other roadway
designs will be proposed by the Applicant to serve distinctive needs of the MPR and unique
neighborhood plat designs. Table I, along with Figures I & 2, provide examples of roadway
types, and represent typical modifications from standard road types set forth in KC 12.20.050 of
the Applicable Law. Modifications are necessary to achieve the low design speed objectives of
the resort. minimize impacts on natural features, and support a safe rural and nanJral theme.
Table 1 -MountainStar Roadway Design Criteria
Collector {?-Lane
Entrv Road. LooQ {1\finor Commer!;ial Access Cul-de-sac Neighborhood Collector {Single and Malor (Serving 39 Collector} Lane Entrv Road) Residential) Units or Less)"
I
, Minimum Desi!m Speed 26 mph 26 mph 21 mph 15mph
Maximum Posted Sp_eed 25 mph 25 mph 20 m_ph I Not Posted
Maximum Superelevation Rate 6% 6% 6% 6%
\linimum Horizontal Curvatun: (Radius) 200ft. 200 tL 100ft. 70ft.
\laximum Grade 12% 12% 15% 15%
[ Minimum Pavement Width 16 ftb 24ft I 20ft 20ft.
I Minimum Shoulder Width 2 n. 2ft. 2 ft. I 2 ft.
lvlinimum R/W Width 40 n. 60ft 40ft. 40ft. -"Emergency access shall be reqlllrcd tor any cul-de-sac servmg 40 un1ts or more.
Access tracts or driveways (whether they are separate tracts, easements over other lots or tracts.
or a combination) may serve up to five (5) residential units, provided that overall length docs not
exceed 2500 feet. Access up to three (3) lots residential units will require a twenty (20) foot
right-of-way or easement with twelve ( 12) feet of pavement and one (I) foot gravel shoulders,
the paved portion of w·hich shall be capable of supporting emergency vehicles \veighing up to
75.000 pounds. There shall be a vegetation clear zone extending five (5) feet on either side of
the gravel shoulders with any encroaching limbs not less than fourteen (I 4) above pavement
grade. For access tracts or shared driveways with distances of 0 to 600 feet from the intersection
with a resort road, turnouts and turnarounds shall be required only if site conditions require.
Over 600 teet, turnouts and tumarounds shall be required according to the International Fire
Code. For access to four ( 4) or five (5) residential units. all elements such as \:vidth, length.
turnouts and turnarounds shall be site specific as reasonably detem1ined by the County taking
into consideration traffic fimctions but consistent with the concept that excavation, vegetation
removal, pavement and grading widths, and interference with the esthetics of the site are to be
Suncadia MasTer Planned ResorT ExhibiT J-Developmem STandards
3 December 1, 1008
'
I
Index #32
EXHBIT J (Rev. 1) to Development Agreement
Development Standards and Design Guidelines for
MountainStar Master Planned Resort
December 2, 2008
minimized. Access tracts \Vhich are, or may, be also used as emergency access shall be
developed under the standard set forth above for access up to three (3) lots, provided that
turnouts and turnarounds shall not be required and the overall length limitation shall not apply if
such access is solely for emergency purposes.
Suncadia Master Planned Resort Exhibit J-De1•elopment Standards
December 1, 2008
Index #32
EXHBIT J (Rev. 1) to Development Agreement
Development Standards and Design Guidelines for
MountainStar Master Planned Resort
December 2, 2008
TABLE 2 -SUNCADIA PATH AND TRAIL MATRIX (5/18/07)
PAVED PATH TRAIL NATURE
TRAIL
Uses-Pedestrians, (I )Pedestrians, fat (I) Pedestrians
Summer/Spring/Fall wheelchairs. bicycles. tire bicycles. fat tire
strollers, rollerblades, strollers
skateboards
Uses-Winter Pedestrians, CC skiing (I) CC skiing and ( I ) Pedestrians
and snow shoeing on snow shoeing on
selected path segments selected trails
i\lotorized vehicle \llaintenance. security, i'vlaintenance. NA
use Emergency Services, security, Emergency
Mechanized track Services,
cutting 1'-·1echanized track
cutting
l'vlax. Percentage 5%(2) 12% max. desired, <40%
Grade Exceptions to 20%
Width I 0' (Pavement) 4'-8' 2'-4"
Shoulder width I'. transitions from NA NA
asphalt to grade.
Vegetation 5' to limbs and shrubs. 2'-5' to limbs and 0
Clearance, 1'-2' for trees shrubs.
Horizontal I' -2' to trees
Vegetation I 0', for a width of +I-10' 8'
Clearance. Vertical 14'
Base material 4" crushed rock. to Native/existing soil Native/existing
extend under and binder soil
shoulders
Surface material 2" Asphalt Depth of 4" '1. Native/existing
minus Aggregate soil
with binder, or Possible wood
existing if chips
granular/durable Possible
limited gravel
Slope for drainage 2% cross slope 2%, fit conditions 2%, fit
conditions
tvlaintenance Powersweep Pruning Pruning
(Summer) Pruning Surface maintenance Surface
Surface maintenance Sign maintenance maintenance
Sign maintenance Sign
maintenance
Maintenance Cut tracks in some Cut tracks in some None
(Winter) segn1ents. segments
Plow some segments.
Detail reference# PP-1 T-1 NT-I
Notes:
(1) Periodic closures for fish and wildlife.
EQUESTRIAN TRAIL
(I) Horses, pedestrians.
fat tire bicycles, fat tire
strollers
(I ) Pedestrians, CC skiing
and snow shoeing on
selected trai Is
Maintenance, security,
Emergency Services,
Mechanized track cutting
<40%
+/-1 0' goal, but +/-2' at
steep slopes
NA
2'-5' to limbs and shrubs.
I' -2' to trees
12'
Native/existing soil
Possible gravel
Native/existing soil
Possible wood chips
Possible gravel
2%, fit conditions
Pruning
Surface maintenance
Sign maintenance
Cut tracks in some
Seg111ents
ET-1
(2) Up to 5% is acceptable. Up to I 0% over several hundred feet, acceptable on a case-by-
case basis. at discretion of Suncadia.
Suncadia Master Planned Resort Exhibit J-De1•elopment Standards
5 December 2, 2008
Index #32
EXHBIT .J (Rev. 1) to Development Agreement
Development Standards and Design Guidelines for
MountainStar Master Planned Resort
December 2, 2008
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Suncadia A!as/er Planned Reson Exhibit J-Developmen/ Swndards
6 December 2, 2008
Index #32
EXHBIT J (Rev. 1) to Development Agreement
Development Standards and Design Guidelines for
MountainStar Master Planned Resort
December 2, 2008
J gl ~-
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Suncadia Alaster Planned Resort £thibit J-Development Standards
7 December 2. 2008
Index #32
EXHBIT J (Rev. 1) to Development Agreement
Development Standards and Design Guidelines for
MountainStar Master Planned Resort
December 2, 2008
Section 4 -Stormwater Management
The provisions of Chapter 12.70 KCC. Storm Water Management Standard~ and Guidelines,
shall be inapplicable to MountainStar.
Drainage plans for MountainStar shall be consistent with the Master Drainage Plan.
MountainStar Master Planned Resort, dated April 1999 (Rev. July 1999). Stormwater
retention/detention. intiltration and water quality facilities, as required in the Master Drainage
Plan, shall be included in the tina! drainage plans for each applicable plat or subdivision.
Drainage facility locations will be based on future detailed design studies.
The Master Drainage Plan for MountainStar describes in detail the proposed stonmvater runoff
and water quality control plans for managing stormwater runoff generated by MountainStar. The
facilities planned will be designed to minimize the environmental impact ofthc development on
the Cle Elum River. site streams, and groundwater in the area. The stormwater management
facilities planned for the resort will be designed to DOE SMM ( 1992) standards, and the
requirements and protocols of the Master Drainage Plan. The DOE SMM for Eastern
Washington, current addition. shall be used for BMPs as approved by Kittitas County.
Goveming documents for the design and construction of MountainStar stormwater facilities shall
include the following:
>-Master Drainage Plan. MountainStar Master Planned Resort, W&H Pacific. Inc .. April
1999 (rev. July 1999). as may be further amended .
.., Stonmvater Management Manual for Eastern Washington, Washington State Department
of Ecology. current addition.
)...-Standard Specifications for Road, Bridge. and Municipal Construction, Washington State
Department of Transportation (WSDOn; the Highways and Local Programs, American Public
Works Association (APW A) general provisions, latest edition; Kittitas County: and
MountainStar Resort Development, LLC standards and specifications.
The State standard specifications and plans shall be maintained by the contractor on site during
the entire period ofthe construction. Definitions noted as "state·• and "contracting agency" shall
be amended to read "owner".
The construction of storm drainage facilities shall be done in accordance with plans that have
been approved by the County Engineer. Driveway culverts shall be a minimum of 12 inches in
diameter or the equivalent.
Section 5 -Wastewater Facilities
Within the MPR boundaries. the MountainStar Resort Resources. Inc. utility established by
Trendwcst will revie\v and approve planning, design and construction documents for \Vastcwater
collection and pumping facilities. Governing documents for design and construction of
Szmcadia Master Planned Resort Exhibit J-Development Standards
8 December 2. 2008
Index #32
EXHBIT J (Rev. 1) to Development Agreement
Development Standards and Design Guidelines for
MountainStar Master Planned Resort
Decem her 2, 2008
MountainStar wastewater collection and pumping systems shall be as follows:
r Criteria for Se1rage fVorks Design: H'ater Quality Program. Washington State Department
of Ecology, Publication No. 98-37 WQ. current addition.
r Standard Specifications lor Road. Bridge, and Municipal Construction, Washington State
Department of Transportation (WSDOT); the Highways and Local Programs. American
Public Works Association (APWA) general provisions, latest edition; Kittitas County; and
MountainStar Resort Development, LLC standards and specifications.
Section 6 -Water System
Development standards for the MountainStar water system will be set forth in the Water System
Plan tor MountainStar. which will be reviewed and approved by the Washington State
Department ofllealth. Governing design criteria and construction specifications include:
r Water System Design Manual, Washington State Department of Health, current addition.
r Standard Specifications for Road, Bridge, and Municipal Construction. Washington State
Department of Transportation (WSDOT); the Highways and Local Programs, American
Public \Vorks Association (APW A) general provisions, latest edition; Kittitas County; and
MountainStar Resort Development, LLC standards and specifications.
Section 7-Building Structures
The construction of building structures at MountainStar shall conform to the latest edition of the
International Building Code, Unifonn Plumbing Code, International Mechanical Code,
International Fire Code. National Electrical Code. Washington State Energy Code. Americans
with Disabilities Act. International Residential Code. Washington State Indoor and Ventilation
Air Quality Code, and all other governing laws. ordinances and regulations as now or hereafter
adopted by Kittitas County Development Standards relating to the various land use categories
contained in the MountainStar Conceptual Master Plan shall not require minimums for lot size,
lot coverage. or boundary set-backs. All single family residential structures shall have a
maximum height of forty ( 40) feet and provide at least one (I) off-street parking space per unit.
All structures shall be not less than ten (l 0) feet from any other structure plus an additional ten
(l 0) teet to accommodate snow drop from roofs where slopes so require. The additional ten (l 0)
teet to accommodate snow drop is not required if the roofs are designed to either hold snow or
continuously melt snow. Structure setbacks shall be absolute distances (without regard to
boundaries). provided that eves may encroach into the setback area.
Suncadia Mas/er Planned Resort Exhibil J-Development Standards
9 December 2, 2008
Index #32
EXHBIT J (Rev. 1) to Development Agreement
Development Standards and Design Guidelines for
MountainStar Master Planned Resort
Decem her 2, 2008
Section 8-Design Guidelines
General Description and Requirements
The Design Guidelines set forth below shall apply to the development of MountainStar.
Trend·west may choose to impose additional design guidelines through appropriate Covenants,
Conditions and Restrictions ("CC&Rs") and/or other methods chosen by Trendwest. Trendwest
will establish a Design Review Committee ("DRC'') through CC&Rs, \Vhich Committee shall be
responsible for imposing. administering and enforcing all design guidelines in accordance with
this Agreement. CC&Rs, and any other instruments utilized by Trendwest.
The purpose of these Design Guidelines is to identify the design goals that the County and
Trendwest have agreed upon regarding the development of MountainStar. The Design
Guidelines are not intended to be binding in the sense of code or regulations, but rather to reflect
an agreed upon set of goals bel\veen the County and Trendwest to guide the design and
development of MountainStar. The County recognizes that market conditions and public ''taste''
in design will change over the Tenn of the Development Agreement for MountainStar build-out.
It is agreed by the County and Trendwest that the ability to adapt to these changes is a crucial
aspect of innovation and the success of MountainStar. The County and Trendwest intend that
Trendwest be given latitude and flexibility in determining how best to achieve the Design
Guidelines in connection with the development of MountainStar. Therefore, the Design
Guidelines set forth in this Section are intended to express the intent of what the County and
Trendwest expect these Design Guidelines. and other guidelines adopted by Trendwest or the
DRC, to achieve, while allowing Trendwest to choose the ways in which that intent \\•ill be
achieved and without any additional required design review of any kind.
Guiding Design Principles
The design of MountainStar will feature a Northwest mountain style that will be designed to
blend \vith the natural environment while reflecting the region's rich mining and logging
histories. Trendwest reserves the right to alter this theme as necessary to respond to market
considerations. All the buildings will be designed to encourage integrated use of the Resort's
many on-site recreational opportunities.
The buildings will be varied in size and shape and feature sloped roofs. generous overhangs.
covered porches and walkways. decks and other elements that provide architectural detail.
Structures will generally utilize natural materials and colors. and liberal use of wood and stone,
and heavy timber or log construction will be emphasized. Roof materials will include; simulated
wood shakes, flat concrete or clay tiles. slate or t~wx slate, oxidized copper or steel, other non-
ret1ectivc metals, asphalt composition. New materials which may enter the market will be
evaluated on a case by case basis. Disallowed roofing materials include wood shakes or shingles
and clay barrel. Walls will feature wood siding such as board and batten or shingles.
Most structures will feature a combination of one-and two-story elements. These \Vill likely
include the condominiums, chalets, recreational homes, administrative offices, shops. golf
facilities and maintenance facilities. Larger structures will likely include three-to six-story resort
Suncadia MasTer Planned Resort Exhibit J-Development Standards
]() December 2, 2008
Index #32
EXHBIT J (Rev. 1) to Development Agreement
Development Standards and Design Guidelines for
MountainStar Master Planned Resort
December 2, 2008
lodge facilities. a con Ference center. an indoor health and recreation center. an interpretive
center. and an equestrian facility.
All structures will be designed to utilize the natural land contours with a minimum of grading.
Careful attention will be paid to the retention of forested areas to provide natural screening of
structures. Prescribed allowable building/development envelopes for each cabin site and
recreational lot will control clearing and provide screening for privacy between units. while
maintaining the forested character of the Resort.
Design Guidelines
The Design Guidelines for the development ofMountainStar include the following:
Exterior Colors. Exterior colors \viii be darker subtle colors that retlect the colors and or hues of
the surrounding forest to help buildings recede and blend into the landscape. Building elements
(roofs, walls, trim. doors, windO\v cladding) are to generally fall within the tollowing color
ranges: brown, gray and/or green in hue. Fences are to be stained to match the house and blend
in with suJTounding tree trunks. Balconies, decks, porches and railings shall use natural materials
consistent with the exterior finish of the Residence. Exterior paints and stains are to have a flat.
non-glossy finish. Stains or opaque and semi-opaque paints are to be used to protect wood from
weathering, to give it a more refined texture and to achieve a darker hue. Clear finishes and
stains may be appropriate on log and natural wood elements.
Exterior Walls and Trims. The predominant materials to be used for exterior walls at Suncadia
are to be \vood and stone. Stucco is to be used sparingly at Suncadia and only as an accent
material. Owners may propose use of other materials for consideration by the DRC. The
aesthetic merits of any combination of exterior materials are subject to review and approval by
the DRC in order to maintain the architectural consistency of the visual experience at Suncadia.
Site and Landscape Design. Site and Landscape Design on individually 0\vned homes sites will
conform to the plans submitted to and approved by the DRC prior to site construction and or
landscape installation.
Site and Landscape design will achieve the following:
Preserve. protect and enhance the existing forest and natural environment.
Situate homes such that they preserve the integrity of the surrounding
forested landscape by maintaining a natural buffer betvveen the house and
street, neighboring 1-lomesites, Common Areas and the golf course.
Limit tree removal to what is necessary to accommodate the home,
improve forest health across the entire homesite, create defensible space
as may be required under the International Fire Code. and selectively
open up vie\VS while ensuring that off-site views are protected.
Suncadia Master Planned Resort £"Chibit J-Developmem Standards
II December 2. 2008
Index #32
EXHBIT .J (Rev. 1) to Development Agreement
Development Standards and Design Guidelines for
MountainStar Master Planned Resort
December 2, 2008
Design landscape to encourage and promote water conservation.
Site buildings to minimize grading and maintain a low. subordinate
profile against the back drop of the surrounding forests.
Design landscape that blends the at·chitecture with the natural
environment. Incorporate natural and existing landscape features such as
rock outcroppings. vegetation and topography into landscape designs to
help achieve the transition between the built and natural environments
Contain storm \Vater and snow melt within the Homesite and encourage
natural infiltration on-site through infiltration swales that appear natural.
A Homesite Diagram \Viii be prepared for each Homesite. The diagram will establish the
boundaries of the Building Envelope, Secondary Envelope (applicable to some Homesites) and
Natural Area within each homesite.
All landscaping shall be completed within one year of completion of construction of the exterior
of the residence.
***
Suncadia Master Planned Resort E>:hibiT J-Developmem Standards
12 December 2, 2008
Index #32
Exhibit M (Rev. 1)
Sample Open Space Calculation Form
December 2, 2008
Phase, Sub-f'tlase or Plat Name/Number· enase 1 ormlon 9
Land Use A. B c
Thla Pta! POor Plalll!D SubtouJ
Dale' ThiS Pial and
prior plats
IA+Bl
De\lelopaa Areas Acres Acres Ac!M
Single Family Lots 11) 0.3 280.8 281.1
Multitamily l.Xlils (2) 0.0 0.0 00
LDOge/Camrr.erciaVO!her l3l 0.0 342 342
Future Development T ra::ts 491: 970 146.4
RectealiOO Facilities OJ 0.0 61 6.1
Roacs~l 6.6 103.9 110.S
!Tot&J De ... IOped ArH 56.3 522.0 5nl.3
()pen ~oo Amas Acres Acre! Acres
Private Open Space (SJ 00 381.6 381.6
Future Developme!ll T rads 01) 7':!15 7375
ACcess TractS 0.0 3., 3.1
\legetated ROW Area 6.3 87.6 93.9
Communily./Recreabon 50 161.8 186.8
iGoll Coutse 0.0 654.0 654.0
NitUfal Open Space/Oe Elum R;...er Comdor 37.0 276.0 313.0
Natural Open Spa~m C CorTidor 0.0 0.0 0.0
Da>cr Natural Open Spa~ 26.9 281.9 306.8
Managed Open Soacel"...aston RiOge 0.0 20£ 20.6
Perimeter Buller 0.0 198.9 198.9
Total Open 5pace 75.2 2823.0 2898.2
1'ota1PiatArea 131.5 3~.9 3476.4
Open Space P-ercentage .. 57.2"1. 84..4'!1, 63.4'!1,
{1) Includes area within Develooable EI'M!lope ana access dnva
(2) incJU(k!s bul!dlngs and palkit'lij areas.
(3i Include$ buildll'lgS. parking areas. and paved peaestnan areas
(41 rncluoes paved road surface ana shOulders.
(5) 1ncruoes open space easements on single tamily tots and multifemily lots
'Prior plats in::!uded in totaL; Phase 1-0M$ion 1
Pnase 1 -Divis• on '2
Phase 3 Orvisions 1·5
Pnase 1-DJVision 3
0
Estimated
Future Plats
Acres
530.9
37.0
0.8
-1464
23.9
55.5
502.7
Acres
178.4
-737.5
6.9
401
235.2
-200.0
7601)
226.0
3302
13404
161.1
2340..8
2843.6
82.3'!1,
Pnase 3 Divisions 1·5 Adjustment 101 Pn!ISi! 3 Or.ns•ons &-9
Phase 3 o.w;;ons 6-9
Phase 1 DnllSlOn 8 SOP Lantt Ll$e {not a pial)
Phase 2 Oiv1sion 2
Phase J Oivisioos 1-5 Adjuslment lor Pnase 3 O•vision 11
Phase 1 DMsion 5
Phase 1 Divlslon 4
E
Estimated
To1a1 Project
(C..O)
Acres
812.0
37.0
35.0
Q.O
300
167.0
1081.0
Acms
500.0
00
10.0
134.0
~220
~~.0
1073.0
226D
6390
1361.0
3600
5239.0
6320.0
82..9"4
Phase 3 Division 1 1 AOjustmenllo remove Preliminary Plat amas 11om 11>e cummuraGve tmalS
Phase 3 DMsion 11 (Fina', Plat total areas)
Pnase 3 Division 11 adjustmemklr Phase 3 Orvrsion 12 to ~emow Trac1 Z-1 areas
Phase 3 D<vision 12
Phase 1 Drvislon 1 o
Pnase 1 Dni1Slon 3 adjusted lo; Z1 !Phase 1 Di~~>sion 10)
Index #32
Index #33
64640050.000.00CALC. FROM W&H LINEWO
RK
CALC. FROM W&H LINEWO
RK224685686110516713264326540444045416253436180906490659657325326327328329330331332333334335336687110411091110111111121114111516702162216321642165216621672168216921702171217221733066306730683069307030713072307330743075307630773443344434453446344734483457345834593460346134623467346834693470347134723473348234833484348534863487348834893490349134923493349834993500350135083509351035113526352735283529353038904046534253475348534953505352535361798850885188528853885488558856885788588859886088619243924492459246924792489257925892599260926192629267926892699270927192729273928292839284928592869287928892899290929192929293929892999300930193089309931093119326932793289329933094870.002085.232081.372081.140.002090.112093.542085.232081.372093.432081.140.002090.112093.542093.430.000.000.000.000.000.000.000.000.000.000.000.002080.662080.502079.842079.682079.362079.422079.872080.110.000.000.000.000.000.000.000.000.000.000.000.000.002074.712073.332070.492063.662060.382063.252069.802071.112071.732072.072072.722073.272080.812080.282080.002079.522079.122078.732079.482079.962080.352080.812081.172081.662079.652079.372079.172078.462078.052077.892077.622078.412078.902079.892080.442080.522080.412079.752079.422079.272078.642078.302078.182078.882079.382079.882080.442079.462078.822078.382078.102079.562080.122080.662080.452080.742080.382080.662080.502079.842079.682079.362079.422079.872080.110.002074.712073.332070.492063.662060.382063.252069.802071.112071.732072.072072.722073.272080.812080.282080.002079.522079.122078.732079.482079.962080.352080.812081.172081.662079.652079.372079.172078.462078.052077.892077.622078.412078.902079.892080.442080.522080.412079.752079.422079.272078.642078.302078.182078.882079.382079.882080.442079.462078.822078.382078.102079.562080.122080.662080.452080.742080.38CL RD RAD PT R=650'#21299 FROM 998\01HPAC SEARCH#21300 FROM 998\01HPAC SEARCHSVBCFCALC PSPL PROP CORPSE ESMTPSE ESMT#21299 FROM 998\01HPAC SEARCH#21300 FROM 998\01HPAC SEARCHSVRCC WHP 36099SVBCFCALC PSPL PROP CORPSE ESMTPSE ESMTSVRCC WHP 36099181+50.00182+00.00182+50.00183+00.00183+50.00184+00.00184+50.00185+00.00185+50.00186+00.00186+50.00187+00.00#21301 FROM 998\01HPAC SEARCHSVBCFULLP MARKER UTPREG REG REGREG CALC PSPL PROP COR181+50.00182+00.00182+50.00183+00.00183+50.00184+00.00184+50.00185+00.00185+50.00186+00.00186+50.00187+00.00181+50.00182+00.00SVHTS183+00.00183+50.00184+00.00184+50.00185+00.00185+50.00186+00.00186+50.00187+00.00REPREPREPREPREPREPRCLRCLRCLRCLRCLRCLGTSGTSGTSGTSGTSGTSGTSGSGTBGTBGTBGTBGTBGTSGTSGTSGTSGTSGTS DYLTREPREPREPREPGTSGTSGTSGTSGSGSGSGSGS UPP STLT #21301 FROM 998\01HPAC SEARCHSVBCFULLP MARKER UTPREG REG REGREG CALC PSPL PROP COR181+50.00182+00.00SVHTS183+00.00183+50.00184+00.00184+50.00185+00.00185+50.00186+00.00186+50.00187+00.00REPREPREPREPREPREPRCLRCLRCLRCLRCLRCLGTSGTSGTSGTSGTSGTSGTSGSGTBGTBGTBGTBGTBGTSGTSGTSGTSGTSGTS DYLTREPREPREPREPGTSGTSGTSGTSGSGSGSGSGS UPP STLT N 00°07'10" W2650.11'THIS PORTION OF THE BOUNDARY WAS CALCULATED BY ENCOMPASS FOR THAT BLA RECORDED UNDER RECORDING NO. 200804160004Drawing: \\esm8\ENGR\ESM-JOBS\998\003\exhibits\MC-SUNCADIA-PLATS-2006-BASIC.dwg01000500250500NSCALE: 1: = 500'GEOMORPHIC FLOODPLAINMPR BOUNDARY (TYP)YAKIMA RIVERCLE ELUM RIVERLINE (TYP)LINE (TYP)FLOODPLAININTERSTATE - 90PHASE 3ROSYLNRONALDSR - 903SR - 903WINSTON ROADBULLFROG ROADPHASE 1DIV. 3PHASE 1DIV. 2PHASE 1DIV. 4PHASE 1DIV. 2PHASE 1DIV. 1PHASE 3DIV. 10PHASE 2PHASE 3FUTURE DIVISIONSPHASE 2DIV. 8DIV. 14DIV. 12/13DIV. 11DIV. 1DIV.2DIV.2DIV.3DIV.4DIV. 5DIV. 7DIV. 6DIV. 18DIV. 19PHASE 2DIV. 2DIV. 3PHASE 3DIV. 9PHASE 1DIV. 9PHASE 1DIV. 6PHASE 1DIV. 5PHASE 1DIV. 7PHASE 1DIV. 10PHASE 3DIV. 15PHASE 3DIV. 17PHASE 3DIV. 16LEGENDOPEN SPACECOMMON ROADSPHASE LIMITSDIVISION LIMITSFINALPRELIMINARYFUTUREThe purpose of this exhibit is to illustrate graphically the approval status ofthe overall developable areas of the Suncadia Master Planned Resort. It alsoillustrates open space (all types of open space shown with a single color)outside the perimeter of the developable areas. More open space is containedwithin the developable areas. Division numbers in "Future" areas will bemodified as planning and development progresses.HORVAT ROADNELSON DAIRY ROADGEOMORPHICBULLFROGADMINISTRATIONOFFICEBULLFROG ROADNELSON DAIRY/MILLER PROPERTYSUNCADIA MPR / SUNCADIA-OWNED BULLFROG PROPERTYAPPROVAL STATUS OCTOBER 2016SUNCADIA - OWNED BULLFROGPROPERTY WITHIN CITY OF CLE ELUMMANAGED OPEN SPACEPHASE 2DIV. 3APHASE 2DIV. 4FUTUREDIVISIONRESORTCORENELSONPOOLFUTUREDIVISIONFUTUREDIVISIONFUTUREDIVISIONIndex #