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1 2 3 4 BEFORE THE HEARING EXAMINER FOR THE CITY OF REDMOND In re the matter of the Appeal by 5 C. R. HOMEBUILDERS, LLC, Holmgren Short Plat, LAND-2017-00548 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Appellant, vs. THE CITY OF REDMOND, PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT, and PUBLIC WORKS DEPARTMENT Respondent. APPLICANT/ APPELLANT'S FINAL DISCLOSURE OF WITNESSES AND EXHIBITS Applicant/ Appellant C. R. Homebuilders, LLC, hereby submits the following Witness List and Exhibit List pursuant to the Order Setting Hearing and Pre-hearing Schedule dated October 16, 2018. WITNESSES: 1. Todd Levitt, C.R. Homebuilders, LLC. Contract owner and applicant representative; Mr. Leavitt can be contacted through the undersigned counsel. If called, Mr. Levitt will testify regarding the proposed project, permitting history of the project and of surrounding properties, site characteristics and generally regarding all appeal issues. 2. James R. C.R. Homebuilders, LLC. Contract owner and applicant representative; Mr. can be contacted through the undersigned counsel. If called, Mr. will testify regarding the proposed project, permitting history of the project and of surrounding properties, site characteristics and generally regarding all appeal issues. APPLICANT/ APPELLANT'S FINAL DISCLOSURE OF WITNESSES AND EXHIBITS-PAGE/ OF 5 JOHNS MONROE MITSUNAGA KOLOUSKOV A PLLC ATTORNEYS AT LAW 11201 SE 8th St., Suite 120 Bellevue, Washington 98004 Tel: [PHONE REDACTED] / Fax: [PHONE REDACTED] ---PAGE BREAK--- 1 3. Scott Brainard, PWS. Principal Ecologist, Wetland Resources, Inc. 9505 - 19th 2 Ave. SE, Suite 106, Everett, WA 98208, [PHONE REDACTED]. Mr. Brainard prepared the critical 3 area determination report and other critical area analysis submitting in support of the project. 4 If called, Mr. Brainard will testify to his findings regarding the site and the absence of critical 5 areas, stormwater outfalls, properties surrounding the subject site, the site characteristics 6 generally, and all appeal issues as those pertain to the evaluation of critical areas. 7 4. Ted Schepper, PE. Principal, Terra Associates, Inc. 12220 I 13th Avenue NE, 8 Suite 130, Kirkland, WA 98034. Mr. Schepper submitted his geotechnical report and findings 9 to the City, originally dated March 9, 2017 and revised August 21, 2017. If called, 10 Mr. Schepper will testify to geotechnical aspects of the project as those relate specifically to 11 this appeal. 12 5. Jim Olsen, P.E., Principal, Core Design. 12100 NE 195th Street, Suite 300, Bothell, 13 WA 98011. If called, Mr. Olsen will testify regarding civil engineering aspects of the project 14 as those relate specifically to this appeal. 15 6. Annie Catlin. Ms. Catlin can be contacted through the undersigned counsel. 16 Ms. Catlin is the daughter of the Holmgrens who have owned the property for decades. 17 Ms. Catlin has lived on the site or frequently visited and maintained the site for decades. 18 Ms. Catlin has direct knowledge regarding the issues on appeal and, if called, will testify to 19 the site's history, maintenance, topography, and characteristics. 20 7. Scott Catlin. Mr. Catlin can be contacted through the undersigned counsel. 21 As husband to Ms. Catlin, Mr. Catlin has frequented the site and actively maintained and 22 landscaped the site for many years. Mr. Catlin has direct knowledge regarding the issues on 23 appeal and, if called, will testify to will testify to the site's history, maintenance, topography, 24 and characteristics. 25 APPLICANT/ APPELLANT'S FINAL DISCLOSURE OF WITNESSES AND EXHIBITS-PAGE 2 OF 5 JOHNS MONROE MITSUNAGA KOLOUSKOVA PLLC ATTORNEYS AT LAW 11201 SE 81h St., Suite 120 Bellevue, Washington 98004 Tel: [PHONE REDACTED] I Fax: [PHONE REDACTED] ---PAGE BREAK--- 1 The Applicant/ Appellant reserves the right to supplement this disclosure with 2 witnesses and/or experts as the case is developed. The Applicant/ Appellant reserves the right 3 to call records custodians to verify the authenticity of records. The Applicant/ Appellant 4 reserves the right to call any witnesses identified by the other parties herein, and to further call 5 witnesses to rebut and/or address the testimony of the other parties' disclosed witnesses. 6 EXHIBITS: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A-1. Notice and Statement of Appeal of CR Homebuilders LLC, dated October 3, 2018. A-2. Set of 18 site photographs taken by Scott Brainard on October 30, 2018. A-3. King County iMap aerial of site and larger neighborhood surroundings, 2 pages. Printed October 19, 2018 A-4. Site plan showing stormwater outfalls and pertinent existing features and characteristics, survey date January 30, 2017. A-5. Timbers Site Plans, dated April 16, 2003, and September 2004 (3 pages). A-6. 1965 Road Aerial, King County Road Services Map Vault. A-7. Rainfall data sheet from Natural Resources Conservation Services Climate Data and Summary Report for dates in February 2015. A-8. Wiclanan short plat, recording number 20000105900001, dated January 5, 2000. A-9. Resume of Scott Brainard, PWS. Principal Ecologist, Wetland Resources, Inc. A-10. Resume of Ted Schepper, PE. Principal, Terra Associates, Inc. A-11. Resume of Jim Olsen, P.E., Principal, Core Design. As the Applicant/Appellant is waiting for the remainder of the City's exhibit listing (in particular related to the applicant's submittal items), the Applicant/Appellant respectfully reserves the ability to supplement the record with materials from the City's public records of the foregoing files. APPLICANT/ APPELLANT'S FINAL DISCLOSURE OF WITNESSES AND EXHIBITS - PAGE 3 OF 5 JOHNS MONROE MITSUNAGA KOLOUSKOVA PLLC ATTORNEYS AT LAW 11201 SE 8th St., Suite 120 Bellevue, Washington 98004 Tel: [PHONE REDACTED] /Fax: [PHONE REDACTED] ---PAGE BREAK--- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The Applicant/Appellant reserves the right to rely on the City's record in this matter and to supplement the foregoing in response and/or rebuttal to the City's exhibits. DA TED this J Ray of , 2018. JOHNS MONROE MITSUNAGA KOL V ov A, PLLC 1600-34 Applicant's Final List o/Witnesses & Exhibits 12-03-/8 APPLICANT/APPELLANT'S FINAL DISCLOSURE OF WITNESSES AND EXHIBITS-PAGE 4 OF 5 \f ( " ouskova, WSBA #2 for C.R. Homebuilders, LLC JOHNS MONROE MITSUNAGA KOLOUSKOVA. PLLC ATTORNEYS AT LAW 1120 I SE 8th St., Suite I 20 Bellevue, Washington 98004 Tel: [PHONE REDACTED] / Fax: [PHONE REDACTED] ---PAGE BREAK--- 1 2 DECLARATION OF SERVICE 3 I, Evanna L. Charlot, am a citizen of the United States, resident of the State of 4 Washington, and declare under the penalty of perjury under the laws of the State of 5 Washington, that on this date, I caused to be served a true and correct copy of the foregoing 6 Applicant's Final Disclosure of Witnesses & Exhibits, upon all counsel and 7 parties of record at the address and in the manner listed below. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Of/ice o[Hearing Examiner City of Redmond Cheryl Xanthos, City Clerk 15670 NE 85th St. Redmond, WA 98073 Attornevs for Respondent Cit} o(Redmond James E. Haney Katherine D. Hambley Ogden Murphy Wallace, PLLC 901 Fifth A venue, Suite 3 500 Seattle WA 98164-2008 [EMAIL REDACTED] ihanev .,omwlaw.com khamblev t ,omwlaw.com Dated this...0'_ rd _ day of _ _ )u 2018, in Bellevue, Washington. EV ANNA L. CHARLOT APPLICANT/APPELLANT'S FINAL DISCLOSURE OF WITNESSES AND EXHIBITS- PAGE 5 OF 5 JOHNS MONROE MITSUNAGA KOLOUSKOVA PLLC ATTORNEYS AT LAW 11201 SE 8th St., Suite 120 Bellevue, Washington 98004 Tel: [PHONE REDACTED] / Fax: 425-451-28 l 8