2017-2037 Comp Plan Update Enabling Ordinance

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2017 – 2037 Comp Plan Update Enabling Ordinance June 18, 2019 Page 2 SECTION I – PROCEDURAL FINDINGS Whereas, Kittitas County opted into the Growth Management Act, RCW 36.70A, voluntarily on December 27, 1990, through Resolution 90-138; and Whereas, The Kittitas County GMA Comprehensive Plan was originally adopted on July 26, 1996 by the Kittitas County Board of County Commissioners; and Whereas, The first update to the Kittitas County GMA Comprehensive Plan was adopted on December 11, 2006, through Ordinance 2006-63 by the Kittitas County Board of County Commissioners; and Whereas, Appeals of Ordinance No. 2006-63 were filed with the Eastern Washington Growth Management Hearings Board (herein referred to as Hearings Board) by Futurewise, Ridge and Kittitas County Conservation Coalition (collectively “RIDGE”) and by the State of Washington Department of Community Trade and Economic Development (CTED); and Whereas, In the midst of that challenge, Kittitas County proceeded to revise its development regulations through Ordinance 2007-22 on July 19, 2007; and Whereas, Ordinance 2007-22 was subsequently challenged by RIDGE before the Hearings Board, and as a result of this appeal the Hearings Board in 2008 issued its FDO for Case No. 07-1-0015 finding that several development regulations adopted by Kittitas County did not meet requirements of the GMA; and Whereas, On November 13, 2007 Judge Scott R. Sparks issued an order granting a motion to stay the Hearings Board’s Final Decision and Order in case No. 07-1-0004c regarding those issues under appeal; and Whereas, On April 24, 2008, Kittitas County Superior Court, in Case No. 08-2-00195-7 (one of five appeals of the final decision and order in a challenge to the County’s development code before the Eastern Washington Growth Management Hearings Board) issued a stay as to four of the seven issues involved. On May 12, 2008, Kittitas County Superior Court issued a stay as to the other issues involved in the challenge to the County’s Development Code; and Whereas, Appeals were consolidated and eventually heard by the Washington State Supreme Court, which largely ruled in favor of the Hearings Board; and Whereas, The Board of County Commissioners (BOCC) considered enabling documents as part of the compliance process and on February 11, 2013 did enact amendments proposed and edited to the Kittitas County Comprehensive Plan and Kittitas County Code; and Whereas, The Hearings Board considered these passed amendments, held a telephonic public hearing on April 1, 2013, and on May 31, 2013 found within its decision that the Comprehensive Plan and County Code amendments were GMA compliant with regard to Case No. 07-1-0004c Issues 6, 10, 14 and partially to Issues 1 and 11, and Case No. 07-0015 Issues 1, 3 and 7; and