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Home My WebLink About2026-08-10-cds-supporting-documents KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES STUDY STAFF REPORT STUDY SESSION DATE: August 1 Ot", 2026 ACTION REQUESTED: Request to Approve a Resolution placing a six (6) month Emergency Moratorium on acceptance of Data Centers proposals/applications within Kittitas County. BACKGROUND: Data Centers are a rapidly evolving land use involving large-scale buildings, high electrical demand, backup power systems, mechanical cooling systems, water or wastewater considerations, noise-producing equipment, exterior lighting, traffic and construction impacts, emergency response considerations, and potential impacts to public infrastructure and neighboring land uses. The County has a legitimate and substantial public interest evaluating whether data centers should be specifically defined and regulated within Kittitas County Code, including but not limited to review of zoning districts, conditional use requirements, development standards, utility and infrastructure impacts, energy and water demand, emergency access, fire protection, noise, lighting, screening, environmental review, transportation impacts, and compatibility with surrounding rural, agricultural, commercial, industrial, and residential uses. INTERACTION: Kittitas County Community Development Services Department. RECOMMENDATION: Approve the Resolution to establish an emergency six (6) month moratorium with a Hearing to be held within sixty (60) days of enactment regarding Data Centers. HANDLING: Return one original to Community Development Services. ATTACHMENTS: Resolution LEAD STAFF: Chad Bala, Director. BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2026- ADOPTING AN EMERGENCY SIX-MONTH MORATORIUM ON THE ACCEPTANCE, PROCESSING,AND APPROVAL OF LAND USE APPLICATIONS FOR DATA CENTERS; SETTING A PUBLIC HEARING; ESTABLISHING A WORK PROGRAM; ADOPTING FINDINGS OF FACT; AND DECLARING AN EMERGENCY PURSUANT TO RCW 36.70A.390 WHEREAS, Kittitas County is as Washington county planning under the Growth Management Act, RCW 36.70A; and WHEREAS, RCW 36.70A.390 authorizes the Board of County Commissioners to adopt a moratorium or interim official control, including without first holding a public hearing, provided that a public hearing is held within the time required by law; and WHEREAS, RCW 36.70A.390 provides that a moratorium or interim official control adopted pursuant to that section may be effective for not longer than six months unless a work plan is developed for related studies supporting a longer period; and WHEREAS, Data Centers are a rapidly evolving land use involving large-scale buildings, high electrical demand, backup power systems, mechanical cooling systems, water or wastewater considerations, noise-producing equipment, exterior lighting, traffic and construction impacts, emergency response considerations, and potential impacts to public infrastructure and neighboring land uses; and WHEREAS, Kittitas County existing land use, zoning, development, environmental, building, infrastructure, and permitting regulations may not adequately define, classify, review, condition, or mitigate data center development or data center-related facilities; and WHEREAS,the County has a legitimate and substantial public interesting evaluating whether data centers should be specifically defined and regulated within Kittitas County Code, including but not limited to review of zoning districts, conditional use requirements, development standards, utility and infrastructure impacts, energy and water demand, emergency access, fire protection, noise, lighting, screening, environmental review, transportation impacts, and compatibility with surrounding rural, agricultural, commercial, industrial, and residential uses; and I WHEREAS, accepting new land use applications for data centers before the County has completed this review may result in development vesting under existing regulations that may be inadequate to protect public health, safety, welfare, infrastructure capacity, environmental resources, and the orderly development of the County; and WHEREAS,the Board finds that immediate adoption of a temporary moratorium is necessary to protect the public from associated impacts while County staff, the Planning Commission, and the Board evaluate appropriate comprehensive plan policies, zoning regulations, development standards, permitting procedures, and environmental review processes for data centers; and WHEREAS,the Board finds that this moratorium is temporary, limited in scope, and necessary to provide sufficient time for the County to study and, if appropriate, prepare amendments to the Kittitas County Code and related development regulations; and WHEREAS,the Board finds that an emergency exists because allowing data center land use applications to be submitted, processed, or vested before completion of the County's review could frustrate the purpose of future regulations and may result in impacts that the County's existing code does not adequately address; and WHEREAS, the Board desires to establish a six-month emergency moratorium on the acceptance, processing, and approval of land use applications for data centers, effective immediately upon adoption of this Resolution; and WHEREAS,the Board further desires to direct Community Development Services to prepare a work program for review and to schedule the public hearing required by RCW 36.70A.390. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Kittitas County, Washington, as follows: Section 1. Findings of Fact Adopted. The Board adopts the recitals above as findings of fact in support of this Resolution. The Board further adopts the following findings: 1. Data Centers may have unique and significant land use, infrastructure, environmental, and public service impacts that differ from other commercial, industrial, utility, warehouse, or technology related uses. 2. Potential impacts associated with data centers may include, but are not limited to: 2 • Electrical transmission and distribution demand; • Backup generator uses and fuel storage; • Water demand and wastewater impacts; • Cooling system impacts; • Noise from mechanical and backup power equipment; • Exterior lighting and visual impacts; • Building scale, massing, and screening; • Construction traffic and operational traffic; • Fire protections and emergency access; ■ Hazardous material or battery storage; • Stormwater, grading, and impervious surface impacts; • Impacts on agricultural, rural residential, commercial, or industrial land use compatibility. 3. Kittitas County's current development regulations may not contain data center-specific definitions, siting criteria, development standards, mitigation requirements, or permitting procedures. 4. The County needs time to evaluate whether amendments to the Kittitas County Code, zoning regulations, comprehensive plan policies, environmental review procedures, or other development standards are necessary. 5. Immediate acceptance of land use applications for data centers may result in applications vesting under existing regulations before the County completes its review. 6. A temporary moratorium is necessary to preserve the status quo and protect the public health, safety, and welfare while the County evaluates appropriate regulatory measures. 7. The moratorium established by this resolution is limited in duration to six months and is limited in scope to land use applications for data centers. Section 2. Moratorium Established. A temporary emergency moratorium is hereby established on the acceptance, processing, review, and approval of any land use application for the siting, establishment, expansion, conversion, or operation of a data center within unincorporated Kittitas County. Section 3. Definition of A Data Center. For this moratorium, "data center" means: "A facility, building, structure or portion thereof used primarily to house computer servers, network equipment, digital storage systems, telecommunications equipment, cloud computing infrastructure, artificial intelligence computing infrastructure, cryptocurrency mining equipment, or similar high-density computing systems, together with associated electrical, mechanical, cooling, backup power, batter storage, security, and utility infrastructure. " 3 Section 4. Applications Subject to Moratorium. ■ All land use and building applications associated with the development, approval or operation of a data center. Section 5. Public Hearing Required. If this Resolution is adopted without a public hearing, the Board shall hold a public hearing on the moratorium within the time required by RCVW 36. 70A.390. The Board directs Community Development Services to schedule and provide notice of the public hearing in accordance with the applicable law. At or following the public hearing, the Board may adopt additional findings of fact, modify the moratorium, continue the moratorium, or repeal the moratorium. Section 6. Severability. If any section, sentence, clause, or phrase of this Resolution is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase. Section 7. Effective Date. This Resolution shall take effect immediately upon adoption. ADOPTED this day of August 2026. BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Brett Wachsmith, Chairman Attest: ❑ Clerk of the Board- Julie Kjorsvik Laura Osiadacz, Vice-Chairman ❑ Deputy Clerk of the Board- Mandy Buchholz Commissioner 4 KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES 2026 STUDY SESSION STAFF REPORT STUDY SESSION DATE: August 10",2026 TOPIC: Kittitas County 2026 Clean Energy Siting Permitting(CESP). ACTION REQUESTED: Direction on use of additional funds BACKGROUND: CDS and Kimley-Horn have continued to move forward with the CESP Grant process. Goals of the CESP are to determine what clean energy types are most suitable and appropriate for permitting. Status: See Kimley Horn Briefing Additional Funding • WA ST Dept of Commerce provided an opportunity to obtain additional funding. 0 We were approved for the additional 100,000.00 Intended use of funds: Inventory analysis of developable land for a Major Industrial Development(MID) * Economic Study,focusing on opportunities,constraints for a site or sites. INTERACTION: CDS. DIRECTION: None. HANDLING: None. ATTACHMENTS: Kimley-Horn Briefing LEAD STAFF: Chad Bala, CDS Director Kimley)>)Horn MEMORANDUM Chad Bala, Community Development Services Director To: Ellie Myers, Planner From: Zoe Tapert, Clay White Kimley-Horn and Associates, Inc. Date: August 10'h, 2026 Subject: Clean Energy Siting and Permitting (CESP) Project Update Overview Kittitas County is progressing the Clean Energy Siting and Permitting (CESP) Project to evaluate and update how energy facilities are sited and permitted in the County. The CESP Project includes completion of a programmatic Environmental Impact Statement(EIS)to identify suitable locations, potential impacts, and mitigation measures for utility scale solar, utility scale wind, geothermal energy, battery energy storage systems (BESS), and small modular reactors (SMRs).The EIS will inform code updates which will be developed and issued for public review, along with public meetings/hearing after the Draft EIS issuance. Recent Project Updates Since the project team last provided an update, the following developments have occurred: • The Draft EIS is under development with reviews by County staff as draft sections are prepared. • Stakeholders and Tribal staff meetings completed (Week of July 20th).These discussions were intended to gather technical expertise, hear local perspectives, and discuss opportunities and concerns. The project team met with 12 groups(49 total attendees) including the following parties: Local government departments,fire districts, state and federal agencies, environmental groups, agricultural groups, Central Washington University, and Tribal staff from Yakama Nation, Snoqualmie Indian Tribe, and Confederated Tribes of the Colville Reservation. Summaries of these meetings are available upon request, and the information gathered is being considered as the Draft EIS is being prepared. • The project website continues to be updated as the project moves forward and is a great source of information for those interested in learning more about the project. Project Schedule & Next Steps The CESP Project is currently on schedule. The project team will continue preparing the Draft EIS. The anticipated Draft EIS issuance is scheduled for Fall 2026 with a public comment period and a 2828 Colby Ave Suite 00 Everett,WA, 98201 �: Kim ey> Horn Page future open house event. Public meetings and hearing on updated code will occur in early 2027.The project will be completed by June 30, 2027. ., i i • - 11 982011i i