DV-19-00001 Marian Meadows Development Agreement Master File

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Ms. Lindsey Ozbolt Mr. Neil Caulkins January 30, 2020 Page 2 Aamlicable Regulations At the time of the approval and the initial application for the Development Agreement, Kittitas County Code 15A.11.010 read as follows: "A development agreement may be appropriate for large, complex or phased projects, or projects which were not contemplated by existing development regulations or existing application procedures. A development agreement may include provisions which are different or in addition to other county development regulations, as long as impacts are mitigated." It is irrelevant that the County amended this Code in December of 2019 because Community Development Services must apply the regulations governing development agreements in effect at the time of the application. Kittitas County cannot change the rules this late in review, after Easton Ridge Land Company invested well over a year of time in drafting this Development Agreement. Instead, the Development Agreement is vested to the regulations in effect at the time of application, which vesting includes Chapter 15A.11. See Noble Manor Co. v. Pierce Cly., 133 Wn.2d 269, 275, 943 P.2d 1378 (1997) (citing RCW 58.17.033). Further, having been imposed as a conditions of the Preliminary Approval, the Development Agreement is also inextricably linked for purposes of vesting as the Court. Schneider Homes, Inc. v. City of Kent, 87 Wn. App. 774, 779, 942 P.2d 1096 (1997), amended on denial of reconsideration, 971 P.2d 56 (1997). Despite the foregoing, Easton Ridge Land Company also maintains that the proposed Development Agreement is not inconsistent with the new version of KCC 15A.11.010 as it does not include provisions that are different from County Code. The Board of County Commissioners has already concluded: "As conditioned, the proposed use is consistent with the intent, purposes and regulations of the Kittitas County Code and Comprehensive Plan." Therefore, it is irrelevant whether certain elements of the Development Agreement application might be inconsistent with newer regulations; the Commissioners have already determined the project, as a whole, was consistent with County Code. This determination means the draft Development Agreement, tied to the Plat Approval meets the terms of the current version of 15A.11.020(3): "A development agreement shall be consistent with applicable county development regulations, except as such development regulations have been modified by the development standards contained in the agreement." Commercial Element. Service and Retail The approved Preliminary Plat drawings clearly show an "RV RETAIL SHOP" located in the middle of the development. See Exhibit 64, Preliminary Plat High Resolution Image. These facilities are located in areas not suitable for residential development. While not every reference to "commercial use" throughout the application specifies retail, repair or services, it is clearly designated as such on the face of the approved Preliminary Plat. Further, the project description following the high resolution drawings in Exhibit 64 describes a "commercial element (RV repair and retail)." See also Exhibit 88, commercial element. f OIINS•MONRGI:•MITSLTNAGA•KOLousKovA • PLLc