Two separate lawsuits are marking new updates to a proposal to construct a “glamour camping” site in Klickitat County.
Montana-based developer Under Canvas plans to develop a former logging site near Husum, Wash., and turn it into a 95-unit luxury “glampsite.”
Despite near unanimous outcry from residents opposing the development proposal over the course of a two-day hearing in July, a hearing examiner approved a conditional use permit application and upheld the county’s State Environmental Policy Act (SEPA) determination, which granted the company approval with mitigatory conditions attached to the project.
Neighborhood activist groups are challenging the two decisions in Klickitat County Superior Court.
Plaintiffs Friends of Oak Ridge Road, Klickitat Land Preservation Fund, and Dennis and Bonnie White allege multiple SEPA violations, claiming the county did not do their due diligence in awarding the SEPA determination, and further, that the hearing examiner, Andrew Kottkamp, erred in concluding multiple aspects of the SEPA determination — including traffic, dust, water, wildlife, and fire safety impacts — were sufficient in mitigating the proposal’s “adverse impacts to a non-significant level.”
The lawsuit also alleges the hearing examiner failed to allow cross examination of key expert witnesses — including county officials — and that various acts of striking testimony from the plaintiffs or their witnesses were prejudicial to their case.
Further, the lawsuit challenges the jurisdictional authority of the hearing examiner, claiming the county’s Board of Adjustment should have presided over both hearings.
The lawsuit is seeking a reversal of both the CUP and SEPA decisions as well as the jurisdictional decision that allowed a hearing examiner to preside over the hearings.
City of White Salmon to submit supporting brief
The City of White Salmon will submit an amicus brief echoing a concern held by the activists over water usage. City councilors passed a unanimous motion last Tuesday authorizing the city’s attorney to submit the filing.
As White Salmon Mayor Marla Keethler explained, “The decision that was recently made by the hearing examiner with the county does give us cause for concern in terms of how they are going to mitigate their anticipated water use and what they project to be their water use.”
City Manager Pat Munyan explained that the portion of Under Canvas’ SEPA application is “very vague on water.” Specifically, Munyan said the plan, according to the SEPA application, shows they plan to drill a domestic well, which will allow access for up to 5,000 gallons of water per day, when estimates show they will need more than 13,500 gallons of water per day.
“Where is that extra water coming from,” Munyan said, while responding to a question on if the city will grant water rights, that it is his recommendation not to grant a water right to the company.
According to Munyan, his concern is, given the city would not grant a water right, if Under Canvas is successful at obtaining an instream diversion water right from the White Salmon Irrigation District, that would impact the city’s ability to produce water during peak season.
Councilor David Lindley said at his day job — Lindley works for Yakama Nation Fisheries as the Southern Territories Habitat Coordinator — that “we’ve been over this; we couldn’t make the water use pencil (out).”
City Attorney Kenneth Woodrich said the city would not qualify to stand as an appellant to the case; however, the amicus brief would serve as “an FYI” to the court.
Lindley, who asked if there is a risk for the city to take a side on this matter, responded that the development is “at a scale we haven’t really seen, so ensuring that due diligence has been done and it doesn’t negatively impact the city and its residents is worthwhile.”
Under Canvas files counter suit
Under Canvas is appealing certain conditions applied to the approval of the conditional use permit and RV Park permit. The company filed their lawsuit with Klickitat County Superior Court, naming Klickitat County, the community activist groups, and the Weyerhauser Corporation (who owns the site of the proposed development) as respondents.
Within the land use petition, submitted Sept. 1, Under Canvas is expressing an objection to 13 conditions of approval tied to the project.
The basis of their objection is that those 13 conditions had not been included in a previously issued “staff report” that listed only 49 conditions as opposed to 62, which were issued with the hearing examiner’s decision announced in August.
Under Canvas is alleging the conditions were “erroneously and unlawfully imposed.”
One condition contested by the developer requires Under Canvas to report daily water usage from the 5,000 gallon per day exempt well to Department of Ecology (DOE), demonstrating they are staying within the authorized limit. Another condition requires the site managers to cease operations and contact DOE if going over their water usage limit.
The developers are also objecting to a condition banning on-site recreational vehicle parking, while another bans amplified music at the site, and additional bans weddings, concerts, and other gatherings at the site.
Under Canvas is also contesting conditions set forth to mitigate fire hazards by requiring wood-burning stoves located in the tents to be locked when the tent is not rented, as well in case of a county-imposed burn ban.
Under Canvas is seeking reversal of those conditions by Klickitat County Superior Court.
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