Resolution_ForestRidgeRemand (2)

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KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS 2024 AGENDA STAFF REPORT AGENDA DATE: February 6, 2024 ACTION REQUESTED: Request to Approve a Resolution to Approve Condition 25 Remand from Superior Court Regarding the Final Plat of Forest Ridge Phase 4 and Phase 5 BACKGROUND: In September 2023, the Superior Court issued a decision on the land use petition challenging the final plat of Forest Ridge, Phases 4 and 5. The Superior Court rejected all arguments regarding the final plat and the BOCC's process except for remanding the final plat for further review regarding the the final plat's consistency with Condition 25 as that relates to secondary access. Representatives for Forest Ridge are working to relocate this easement supporting secondary access. The easement's terms state that roads shall be relocated "commensurate with good land use transportation planning". In order to resolve the Condition 25 remand, Forest Ridge is also working with another property owner and expects resolution utilizing the primary access as depicted on the final plat. Further easement work with that resident is in process, but again, is a matter of private property interests that the County does not adjudicate. Resolving Condition 25 of the remand, staff have worked with the applicant's engineer to develop an acceptable alternate secondary access if the preferred alternative access somehow fails to the applicant's satisfaction. An acceptable revised engineer's estimate has been vetted by the County Engineer along with preliminary engineering documents suitable for the County Engineer to represent to the Board that the Condition 25 remand has been met. It is the department's opinion that the final plat is consistent with Condition 25 based on the foregoing summary and that the final plat meets all County Code and State law standards. INTERACTION: Public Works. RECOMMENDATION: Approve the Condition 25 remand to staff as accepted by the County Engineer.