DV-19-00001 Marian Meadows Development Agreement Master File

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approvals were some specific elements added by Kittitas County Commissioners with no notice, discussion, or input from the applicant. With approvals in place under Ordinance 2018-006, planning commenced to address identified conditions with the formation and preparation of the Development Agreement with Kittitas County. Shortly after this planning commenced, it was derailed with the June 2018 filing of an appeal by Easton School District #28 of Marian Meadows approvals under the Land Use Petition Act. A settlement was reached to resolve the dispute through this Development Agreement process. On March 29, 2019, an application for the Marian Meadows Development Agreement was submitted after discussions and consultation with Kittitas County planning staff. The application was reviewed by County staff and the prosecuting attorney's office and deemed complete as of June 3`d, 2019. As of this date, the Development Agreement application has been reviewed and commented on by State and Federal jurisdictions, with added comments and oversight by Kittitas County, other public agencies and the Easton community. All public comments and input have been reviewed by ERLC to make needed adjustments. Observations: Applications for the Marian Meadows project have been formulated under the guidelines of RCW 36.70A — "Washington State's Growth Management Act" (GMA) and in compliance with Kittitas County Code and Comprehensive Plan in place at the date of application. While the GMA has many deficiencies, it has provided strategic guidance with the following: • predetermined growth directives on a community wide basis, • transparency in how those growth directives are put in place and will be administered, • measures for proposed growth to help fund impacts of development, • even playing field for development proponents and those concerned with a given development proposal, • directs growth in areas targeted for growth, These provisions have been useful for all participants within Washington State's development community. We see a failure of these provisions to serve their intended purpose when participants fail to comply with the guidance they are intended to provide. In this case, the local Easton area public agencies (School District #28 and Fire District #3) having no written planning directives or guidelines in place for developers or planning agencies as provided under RCW 36.70A. Multiple requests by ERLC for specific information to evaluate mitigation have gone unanswered. The only written correspondence received prior to the filing of legal proceedings under the LUPA by either of these agencies was funneled through Kittitas County CDS. In the case of ESD # 28, on July 18, 2018, in response to Ordinance 2018-006 and the approval of the plat of Marian Meadows and after the filing of legal appeals under LUPA, ERLC attended a meeting with School District officials and legal counsel. Within this meeting, ERLC was presented a draft document, labeled Capital Facilities Plan (2018-2024) outlining mitigation deemed required by the School District for development impacts. This was obviously prepared in reaction to the approval of Marian Meadows and seeks to fund a decade of inaction by the School District from Marian Meadows alone. Please see Exhibit C to the Development Agreement. SUMMARY: In compiling land use applications for submittal in 2016, ERLC relied heavily on documentation within the published FEIS conducted by Kittitas County. A significant point within the FEIS was that Alternate #5 s r,C......... s :..