Kittitas County may enter into development agreements pursuant to RCW 36.70B.170 through 36.70B.210. A decision to enter into a development agreement shall be made on a case-by-case basis. The provisions of a development agreement shall be consistent with the County’s Comprehensive Plan and all applicable county development regulations, as long as impacts are mitigated.
(Ord. 9810, 1998; Ord. 2000-07; Ord. 2019-013, 2019; Ord. 2025-003, 3/18/2025)
1. 
Kittitas County may enter into a development agreement with a person having ownership or control of real property within the County's jurisdiction.
2. 
A development agreement must set forth the development standards and other provisions that shall apply to and govern and vest the development, use and mitigation of the development of the real property for the duration specified in the agreement.
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.
4. 
A development agreement does not affect the validity of a contract rezone, concomitant agreement, annexation agreement, or other agreement in existence on July 23, 1995, or adopted under separate authority, that includes some or all of the development standards provided in subsection 5 of this section.
5. 
For purposes of this chapter, "development standards" include, but are not limited to:
a. 
Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes;
b. 
Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW;
c. 
Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features;
d. 
Road and sidewalk standards;
e. 
Affordable housing;
f. 
Water, sewer, storm drainage and other infrastructure requirements;
g. 
Parks and open space preservation;
h. 
Phasing;
i. 
Development review processes, procedures and standards for implementing decisions, including methods of reimbursement to the County for review processes;
j. 
A build-out or vesting period for applicable development standards;
k. 
Process for amending the development agreement; and
l. 
Any other appropriate development requirement or procedure.
6. 
A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. Project applicants and local governments may include provisions and agreements whereby applicants are reimbursed over time for financing public facilities. A development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety.
(Ord. 98-10, 1998; Ord. 2000-07; Ord. 2025-003, 3/18/2025)
A project applicant may submit a request for a development agreement to Kittitas County. The request should describe the project and the specific reasons why the project is suitable for a development agreement. The request should identify the development standards set forth in KCC § 15A.11.020(5) that the applicant is requesting be included in the development agreement and any other reasonable information requested by the County. The request shall be filed with the planning office upon forms prescribed for that purpose by the administrator. The fee for such request shall be established pursuant to KCC § 15A.03.050.
(Ord. 98-10, 1998; Ord. 2000-07; Ord. 2025-003, 3/18/2025)
Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or that part of the built-out period specified in the agreement, and may not be subject to an amendment to a zoning ordinance or development standard or regulation adopted after the effective date of the agreement. A permit or approval issued by Kittitas County after the execution of the development agreement must be consistent with the development agreement.
(Ord. 98-10, 1998; Ord. 2000-07; Ord. 2025-003, 3/18/2025)
A development agreement affecting property in Kittitas County shall be recorded with the real property documents of Kittitas County. During the term of the development agreement, the agreement is binding on the parties, their successors and assigns, including any city that assumes jurisdiction through incorporation or annexation of the area covering the property subject to the development agreement.
(Ord. 98-10, 1998; Ord. 2000-07; Ord. 2025-003, 3/18/2025)
The County shall only approve a development agreement by ordinance or resolution after a public hearing. The County legislative body, or other body designated by the legislative body to conduct the public hearing, may conduct the hearing. If the development agreement relates to a project permit application, the provisions of Chapter 36.70C RCW shall apply to the appeal of the decision on the development agreement.
(Ord. 98-10, 1998; Ord. 2000-07; Ord. 2025-003, 3/18/2025)
Nothing in RCW 36.70B.170 through 36.70B.200 and Section 501, Ch. 374, Laws of 1995, or this chapter is intended to authorize the County to impose impact fees, inspection fees, or dedications or to require any other financial contributions or mitigation measures except as expressly authorized by other applicable provisions of state law.
(Ord. 98-10, 1998; Ord. 2000-07; Ord. 2025-003, 3/18/2025)