DV-19-00001 Marian Meadows Development Agreement Master File

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July 22, 2019 Easton School District No. 28 P. O. Box 8 SCEI I a 1893 Railroad Street Easton, Washington 98925 u ►:, 509) 656-2317 fax (509) 656-2585 www.easton.wednet.edu KittRas County CDS i �; I JUL 2 4 2019 Kitfit S C®Unty CDS To: Kittitas County Community Development Services Re: Project File Number DV -19-00001, Marian Meadows Development Agreement Attn: Dusty Pilkington Dear Kittitas County Community Development Services, On behalf of Easton School District No. 28 (the "District") I am providing written comments on the above referenced application (the "Application"), submitted by Martens Enterprises, LLC (the "Developer"). Exhibit B of the Application indicates that: "[m]itigation for the foregoing shall be met by a mitigation fee of $500 per unit for a total of 89 units..." The District strongly protests the inclusion of a mitigation fee of $500 per unit in the Application. As described below, that proposed fee is both insufficient to meet capital expenses caused by the Developer's Project (defined below) and violates Kittitas County Ordinance No. 2018-006 and the Settlement Agreement between Developer, Kittitas County (the "County"), and the District. Background As you may know, the Developer intends to develop approximately 445 acres of rural land in Kittitas County, within the District's boundaries, and to plat 89 lots (the "Project"). The Project will result in an increase in enrollment in Easton public schools that is beyond the District's current capacity. In addition to being unable to adequately support the increase in students, negative impacts of the Project on the District also include the potential loss of small school funding (requiring a significant increase in school levies and bonds), the need to expand school facilities, and the need to secure additional busses, bus drivers, and bus facilities. On December 22, 2016, the Developer filed an application with Kittitas County for a planned unit development (PD -17-00001), a conditional use permit (CU -17-00001), and a long plat (LP -17- 00001), all in furtherance of the Project. On May 1, 2018, the Kittitas Board of County Commissioners passed Ordinance 2018-006 (the "Ordinance' }, approving these permits with conditions -- including a condition of approval to include adequate mitigation measures in a subsequent development agreement to address the negative impacts on the District. The District had grave concerns over the adequacy of mitigation proposed by the Developer and the meaning of the Ordinance's condition of approval. The District filed a petition for review of the Ordinance under the Land Use Petition Act in Kittitas County Superior Court, Cause No. 18- 2-00177-6. The petition claimed error and sought additional assurances regarding the District's