HomeMy WebLinkAbout2025-06-09 CDS Study session supporting documents KITTITAS COUNTY
COMMUNITY DEVELOPMENT SERVICES
2025 STUDY SESSION STAFF REPORT
STUDY SESSION DATE: June 9,2025
TOPIC: Updates to Kittitas County Code Title 17A,Critical Areas
Ordinance of Kittitas County
ACTION REQUESTED: Approve the Attached Resolution concerning the update to
Kittitas County Code Title 17A,Critical Areas Ordinance of
Kittitas County.
BACKGROUND: On December 71,2021,Kittitas County adopted Ordinance No.
2021-016 adopting the Kittitas County Critical Areas Ordinance
(CAO).
The Yakima Nation(Petitioner)filed a petition for review with
the Eastern Washington Growth Hearings Board(GMHB)on
February 11,2022,Case No.22-1-0002 and On July 28th, 2022,
a hearing on the merits was held.
On September 7th,2022,the GMHB issued a final decision and
order in favor of Kittitas County on each issue and the Petitioner
filed an appeal of the GMHB's decision to Superior Court in
Thurston County.
On March 20,2023,the Thurston County Superior Court
certified direct review to the Division II Court of Appeals,where
the Division II Court of Appeals transferred review to the
Division III court under Case No. 396711.
In July of 2024 Kittitas County and the Petitioner entered
settlement discussions over the next eleven(1 1)months,which
included numerous meetings and correspondence from July 2024
through May of 2025.
INTERACTION: CDS.
RECOMMENDATION: Approve the attached resolution.
HANDLING: None.
ATTACHMENTS: Resolution
LEAD STAFF: Chad Bala,CDS Director
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
Resolution No.2025
A RESOLUTION CONCERNING THE SETTLEMENT WITH THE YAKAMA NATION PERTAINING
TO THE KITTITAS COUNTY CODE
TITLE 17A,CRITICAL AREAS ORDINANCE
WHEREAS: On December 71h,2021,Kittitas County adopted Ordinance No.2021-016 adopting the Kittitas
County Critical Areas Ordinance(CAO);and
WHEREAS: the Yakima Nation(Petitioner)filed a petition for review with the Eastern Washington Growth
Hearings Board(GMHB)on February 11,2022,Case No.22-1-0002;and
WHEREAS: On July 281,2022,a hearing on the merits was held;and
WHEREAS:On September 701,2022,the GMHB issued a final decision and order in favor of Kittitas County on
each issue;and
WHEREAS:the Petitioner filed an appeal of the GMHB's decision to Superior Court in Thurston County;and
WHEREAS:On March 20,2023,the Thurston County Superior Court certified direct review to the Division II
Court of Appeals,where the Division II Court of Appeals transferred review to the Division III court under Case No.
396711;and
WHEREAS:In July of 2024 the Kittitas County and the Petitioner entered settlement discussions over the next
eleven(11)months,which included numerous meetings and correspondence from July 2024 through May of 2025
with the Yakama Nation;and
WHEREAS:On June 31,2025,a joint status report was issued to the Division III Court of Appeals,where both
Parties(Kittitas County&Yakama Nation)confirmed settlement negotiations have concluded regarding Case No.
396711,which will necessitate an amended Ordinance;and
WHEREAS:the Parties believe that the amended Ordinance is in the best interests of their respective clients and
also complies with the requirements set forth in the Growth Management Act.
NOW,THEREFORE,BE IT RESOLVED That the Kittitas County Board of County Commissioners,Hereby
acknowledges the settlement agreement and directs the Community Development Services Department to initiate the
next steps for formal approval of the amended Ordinance.
ADOPTED this day 2025. BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY,WASHINGTON
Chairman
Vice-Chairman
Commissioner
Clerk of the Board/Deputy Clerk of the Board
Kittitas County Superior Court No. 22-2-02784-34
Court of Appeals No.396711
COURT OF APPEALS,DIVISION THREE
OF THE STATE OF WASFIINGTON
CONFEDERATED TRIBES AND BANDS OF THE
YAKAMA NATION,
Petitioner/Appellant
V.
KITTITAS COUNTY,
Respondent.
JOINT STATUS REPORT
Shona Voelckers, WSBA 50068 Stephanie Hartung, WSBA 38115
Marcus Shirzad, WSBA 50217
YAKAMA NATION OFFICE Kmrnm COUNTY
OF LEGAL COUNSEL PROSECUTOR'S OFFICE
P.O. Box 151, 401 Fort Road 205 W. 56'Ave, Ste. 213
Toppenish, WA 98948 Ellensburg, WA 98926
(509) 865-7268 (509) 962-7520
JOINT STATUS REPORT
Appellant Confederated Tribes and Bands of the Yakama
Nation ("Yakama Nation") and Respondent Kittitas County
jointly submit this status report to the Court consistent with the
Clerk's Ruling of April 7, 2025.
Yakama Nation and Kittitas County have concluded
settlement negotiations. Kittitas County is preparing to initiate
the County's public review process for amendments to the
Critical Areas Ordinance. The parties expect to reach final
resolution of the claims in this proceeding by August 31, 2025.
RULE 18 COMPLIANCE
This document contains 79 words, excluding the parts of
the document exempted from the word court by RAP 18.17.
DATED this 3rd day of June, 2025.
S4 KI�
naoelckers, WS No. 50068
Marcus Shirzad, WSBA No. 50217
YAKAMA NATION OFFICE OF LEGAL
COUNSEL
1
Counsel for the Confederated Mbes and
Bands of the Yakama Nation
Stepl anie H7rtung, W A No. 38115
DMYWY PRosECUMG ATTORNEY
Counsel for Kittitas County
2