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HomeMy WebLinkAbout01082024_CDS Study Session Briefings KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES COMMUNITY DEVELOPMENT SERVICES—BOARD OF COUNTY COMMISSIONERS 2024 STUDY SESSION STAFF REPORT STUDY SESSION DATE: January 8,2024 TOPIC: Kittitas County Code 17.15.060.1 Retail Sales Discussion ACTION REQUESTED: Authorize Staff to Pursue Amendment to Kittitas County 17.15.060.1 Retail Sales LEAD STAFF: Jamey Ayling RECOMMENDATION: Pursue a code amendment removing reference to Footnote 36 from the allowed use table amending Kittitas County Code through an out-of-docket cycle procedure required by KCC 1513.04.020 and Table B. BRIEFING SUMMARY: Kittitas County Code in the Forest and Range zone allows for retail sales by conditional use permit but only in the Liberty overlay zone. If the footnote was removed from the allowed use table referring to the conditional use permit only in the Liberty Overlay then a conditional use permit could be applied for and still invoke a level of control for conformity within the forest and range zone. BACKGROUND: Staff has been working with a citizen to find a location to relocate his business and have run into restrictions that don't seem to align with the district or area the citizen has identified for potential new business location. FISCAL IMPACTS: None. ATTACHMENTS: 17.15.060 Allowed Use Table Page 1 of 2 Community Development Services"Work Session Staff Report",2024 EXHIBIT 1: 17.15.060 Allowed Use Table I f f Page 2 of 2 Community Development Services"Work Session Staff Report",2024 17.15.060 Allowed uses in rural non-LAMIRD lands 17.15.060.1 Rural Non-LAMIRD Use Table P Permitted Rural Non-LAMIRD PA Permitted Administrative Rural Rural Rural CU Conditional Use Residential Working Recreatior ACU Admin. Conditional Use See KCC Ag 549 Rural Sag Ag 2049 Forest& Master Chapter 77_08 Definitions Range Planned A.Agriculture Agricultural Enhanced P55 P55 Uses* Agricultural direct P62 P62 P62 P62 marketing activities* Agricultural seasonal P63 P63 P63 P63 harvest festivities* Agricultural expanded C C C C seasonal harvest festivities* Animal boarding* P P P P Agriculture processing* CU 23 CU 23 Cu Agriculture production* P24 P P P24 P24 Farm Stand,* P22 /AC51 P22 /AC51 P22/AC51 P22/AC51 P22/AC51 Agriculture Sales,* CU CU Dairy CU Cu CU CU CU Feedlot* CU CU" Grazing* P P P P p Marijuana processing* Marijuana production* Marijuana, retail sales* Nurseries P P P Cu Riding academies CU Cu CU Cu Small-scale event AC45/CU AC45/CU AC45/CU AC45/CU facility* U-Pick/U-Cut P/AC51 CU P/AC51 P/AC51 Operations* Farm Visit CU CU AC51 AC51 CU Commercial Activities AC AC associated with agriculture* Ag 551 Rural 55 Ag 205 Forest& Master Range Planned B.Civic Uses/Community Services Cemetery P21 P21 P21 Cu"' P21 Clubhouses, fraternities AC44 AC44 AC3 AC35 AC and lodges* Cultural and education P facilities Libraries CU 3 Meeting facilities p Museums and galleries Religious institutions Cu CU CU CU I Schools, public or P25 P25 Cu private* Interpretive Center* AC AC Ag 551 Rural 5,'i Ag 2051 Forest& Master Range Planned C. Commercial Auction sales of non- agriculture products Bank Bed and breakfast* AC AC AC AC Clinic* Day care facilities* Funeral home/mortuary Hospital* Hospital, animal or CU veterinary* Hotel/motel CU 6 Office* Restaurant CU 36 P Retail sales,* general CU 36 P Retail sales,* lumber and building materials Retail sales,* vehicles Services P 20 Shooting range* CU 31 CU**31 Tavern cum P Temporary sales office P Vehicle/equipment P16 P16 CU36 P42 service and repair* Ag 55-1 Rural 5si Ag 2(51 Forest& Master Rangest Planned D. Industrial Airport* CU CU CU CU Asphalt/Concrete plants CU 37 Explosives, storage or manufacture Forest product P P CU CU 35 processing* (portable) Forest product CU CU" processing* (permanent) Freighting and trucking yard or terminal* Hazardous waste storage* Hazardous waste treatment* Impound/towing yard* Junkyard* Manufacturing* Mini-Warehouse CU 59 Refuse disposal/recycle* CU 19 CU 58 Research laboratories Wastewater treatment Warehousing and PA47 PA47 PA47/CU46 PAa1 distribution Wholesale business Ag 551 Rural 551 Ag 20si Forest& Master ` Ranged Planned E. Recreation Campground* CU 12 CU 12 CU 12 CU12 P 54" CU 13 Golf course* CU CU CU CU"" CU Guest ranch or guest CU CU CU CU" farm* Parks and playgrounds* P P P> P P Recreation, indoor* P Recreation , outdoor* AC AC CU CU AC Recreational vehicle CU CU CU park* Recreational CU 60 vehicle/equipment service and repair* Recreational vehicle CU 26 storage Stadiums Trails PA PA PA PA PA Ag 5s1 Rural 55_1_ Ag 2051 Forest& Master Range5i Planned F. Residential Accessory dwelling unit* PA27 PA27 PA27 PA27" Accessory living P28 P28 P28 P28" P28 quarters* Adult family home* P41 P41 Pat Pal P41 i Boarding house CU 29 CU 29" Convalescent home CU CU" Dwelling, single-family* P33 P40 P P34 P1 Dwelling, two-family* P P3 P34 P1 Dwelling, multiple- P t family* Farm labor shelter* CU4 CU4 CU4" Group home* Cu Cu Group Care Facility* CU56 Cu CU56 Cu Home occupation* P/CU 5 P/CU 5 P/CU 5 P/CU 5" P/CU 5 Manufactured home* P P P P** P Manufactured home park Mobile home P 38 P 38 P 34 Special care dwelling* P30 P30 P30 P30 Temporary trailer P7 P7 P7 P7" P7 Ag 551 Rural 551 Ag 2051 Forest& Master Range5i Planned G. Resource Forestry* P P P P 34 Forest product sales* P Mining and excavation* Cu CU39 Cu P34 Rock crushing* CU 39 P34 Ag 5si Rural S51 Ag 20s Forest& Master RangeLi Planned H. Utilities and Public Facilities Electric vehicle P 32 P 32 P 32 P 32 P 32 infrastructure* Public facilities* PA53 PA55 PA53 PA53 PA53 Solar Power Production 57 57 57 57 57 Facilities Utilities P9/ACU9/CU9 P9/ACU9/CU9 P10/ACU10/CU10 P9/ACU9/CU9 P11/ACU_ Watershed management PA PA PA PA PA activities* "* Publisher's Note: Footnote 37 was erroneously referenced in this section by Ordinance 2013-001 17.15.060.2 Footnotes Associated with Rural Non-LAMIRD Use Table. 1. Provided use is integrated into and supports the on-site recreational nature of the master planned resort and short-term visitor accommodation units constitute greater than fifty percent (501/o) of the total resort accommodation units. 2. No new residence shall be permitted except that related to the business or enterprises allowed in this zone such as janitor or night watchman.Any such residence shall meet the requirements of the residential zone. 3. Not permitted in the Agriculture Study Overlay Zone. Clubhouses, fraternities and lodges limited to facilities that serve traditional rural or resource activities (such as granges). 4. Provided: a. The shelters are used to house farm laborers on a temporary or seasonal basis only, regardless of change of ownership, if it remains in farm labor- needed status; b. The shelters must conform with all applicable building and health regulations; c. The number of shelters shall not exceed four (4) per twenty (20) contiguous acres of land area; d. The shelters are owned and maintained by the owner or operator of an agricultural operation which clearly demonstrates the need for farm laborers; e. Should the parent agricultural operation cease or convert to non- agriculture use,then the farm labor shelters shall conform with all applicable buildings and health regulations. 5. No sign advertising a home occupation shall exceed sixteen (16) square feet in size. Home occupations with no outdoor activities or noise are permitted; home occupations with outdoor activities or noise are a conditional use. In-home daycares with six (6) or fewer individuals receiving care in a twenty-four(24) hour period are permitted; in- home daycares with seven to twelve (7-12) individuals receiving care in a twenty-four (24) hour period require a Conditional Use Permit. 6. Provided short-term visitor accommodation units constitute greater than fifty percent (50%) of the total resort accommodation units. 7. When used for temporary occupancy for a period not-to-exceed one (1) year related to permanent home construction or seasonal/temporary employment. 8. Public transportation deadhead stations permitted; passenger terminals are a Conditional Use. 9. Utilities are defined and regulated by KCC Chapter 1-TEL Utilities. 10. Utilities are defined and regulated by KCC Chapter 17;61, Utilities. Not permitted in the Agriculture Study Overlay Zone. 11. Utilities are defined and regulated by KCC Chapter 17_61, Utilities. Limited to the capital facilities, utilities, and services necessary to maintain and operate the master planned resort. 12. In considering proposals for location of campgrounds, the Board shall consider at a minimum the following criteria: a. Campgrounds should be located at sufficient distance from existing rural residential/residential development so as to avoid possible conflicts and disturbances; b. Traffic volumes generated by such a development should not create a nuisance or impose on the privacy of nearby residences or interfere with normal traffic flow; c. Landscaping or appropriate screening should be required and maintained where necessary for buffering; d. Adequate and convenient vehicular access, circulation and parking should be provided; e. Public health and safety of campers and those reasonably impacted by the campground (i.e. health,water, sanitation). 13. Campgrounds and Recreational vehicle sites with power and water are permitted; campgrounds and recreational vehicle sites without power and water require a conditional use permit. 14. The following standards shall apply to the approval and construction of mini- warehouses: a. A mini-warehouse proposal (application) must include plans for aesthetic improvements and/or sight screening; b. All buildings with storage units facing property boundaries shall have a minimum setback of thirty-five (35) feet; c. No commercial or manufacturing activities will be permitted within any building or storage unit; d. Lease documents shall spell out all conditions and restrictions of the use; e. Signs, other than on-site direction aids, shall number not more than two (2) and shall not exceed forty (40) square feet each in area. 15. Permitted when conducted wholly within an enclosed building (excluding off-street parking and loading areas). 16. Limited to farm implement repair and maintenance. 17. Limited to offices directly related to tourism and recreation. 18. Retail sales are limited to groceries and sales directly related to tourism and recreation. Structural footprint containing all of these activities may not exceed 4,000 square feet. 19. Limited to composting facilities. 20. Limited to those services typically found on other destination resort properties and designed to serve the convenience needs of the users and employees of the master planned resort. Shall be designed to discourage use from non-resort users by locating such services well within the site rather than on its perimeter. 21. No new cemeteries. Existing cemeteries may expand or enlarge within established cemetery boundaries as of the date of amendment adoption, and in compliance with applicable standards and regulations. 22. When located no more than forty-five (45) feet from the centerline of the public street or highway and selling goods produced on site. 23. Hay processing, and small-scale processing of agricultural products produced on the premises are permitted without a conditional use permit. 24. Excluding swine and mink, provided a minimum of one (1) acre is available.When located in the Liberty Historic Overlay Zone,this use is subject to the provisions of KCC Chapter 17_59. 25. Existing schools are permitted; new schools require a conditional use permit. Not permitted in the Agriculture Study Overlay Zone. 26. Recreational vehicle storage may be enclosed or outdoor storage of recreational vehicles or both. Permitted where the use is only serving a residential PUD or in the Rural Recreation and Forest and Range zoning districts and subject to the following standards and conditions: a. All stored vehicles must be licensed if required by law, and operational. This land use does not include vehicle sales. b. Unless it is limited to serving a residential PUD and otherwise permitted or authorized, recreational vehicles shall not be stored outside when the site is contiguous to a residential zoning district. c. No commercial or manufacturing activities are permitted except when recreational vehicle/equipment service and repair has been permitted subject to the requirements of KCC 17.15.060.2 Footnote 60. d. In the Forest and Range zoning district, and when not limited to serving a recreational planned unit development,the site shall either be: i. Contiguous to a State Highway, or ii. Contiguous to a designated urban arterial or rural collector road located near a highway intersection or freeway interchange. iii. It is not necessary for the site to have direct access to such arterial, collector or highway to meet this requirement. e. Recreational vehicle storage shall be designed to be compatible with the surrounding rural character, subject to the following standards: i. Storage areas shall be enclosed with a minimum five-foot- high, security fence. The applicant may be required to provide additional plans for aesthetic improvements and/or site- screening. ii. Additional setbacks, physical barriers or site-screening may be required on sites that border resource lands in the Commercial Agriculture or Commercial Forest zoning districts. iii. Findings shall be made that the proposal does not require urban governmental services such as municipal sewer or water service and does not compromise the long-term viability of designated resource lands. iv. Measures shall be taken to protect ground and surface water. Electric Vehicle Infrastructure subject to provisions of KCC Chapter 17_66. 27. Subject to the following requirements: a. ADUs shall be allowed as a permitted use within designated UGAs; b. ADUs shall be subject to obtaining an Administrative Use permit in areas outside UGAs; c. Only one ADU shall be allowed per lot; d. Owner of the property must reside in either the primary residence or the ADU; e. The ADU shall not exceed the square footage of the habitable area of the primary residence; f. All setback requirements for the zone in which the ADU is located shall apply; g. The ADU shall meet the applicable health department standards for potable water and sewage disposal; h. No mobile homes or recreational vehicles shall be allowed as an ADU; i. The ADU shall provide additional off-street parking; j. An ADU is not permitted on the same lot where a special care dwelling or an Accessory Living Quarters exists. k. An ADU must have adequate acreage to meet maximum density within the zone classification. 28. Subject to the following requirements; a. Accessory Living Quarters shall be located within an owner-occupied primary residence; b. Accessory Living Quarters are limited in size to no greater than fifty percent (50%) of the habitable area of the primary residence; c. The Accessory Living Quarters are subject to applicable health district standards for water and sewage disposal; d. Only one (1) Accessory Living Quarters shall be allowed per lot; e. Accessory Living Quarters are to provide additional off-street parking; f. Accessory Living Quarters are not allowed where an Accessory Dwelling Unit or Special Care Dwelling exists. 29. Maximum of four (4) boarders and two (2) bedrooms dedicated to the use. 30. Subject to the following requirements: a. The Special Care Dwelling must meet all setback requirements for the zone in which it is located; b, The Special Care Dwelling must meet all applicable health department requirements for potable water and sewage disposal; c. Placement is subject to obtaining a building permit for the manufactured home; d. Owner must record a notice to title prior to the issuance of building permit which indicates the restrictions and removal requirements; e. The Special Care Dwelling unit cannot be used as a rental unit; f. The Special Care Dwelling unit must be removed when the need for care ceases; g. A Special Care Dwelling is not permitted on the same lot where an Accessory Dwelling Unit or Accessory Living Quarter exists. h. Park model trailers shall obtain the same building permit as for placement of a manufactured home. i. Park model trailers shall be inspected and approved by Washington State Department of Labor and Industries. 31. Structures and facilities associated with the operation of shooting ranges are permitted and subject to all associated Kittitas County building codes and regulations. Shooting Ranges may be operated in conjunction with other permitted or conditional uses for the specified zone. Shooting Ranges are subject to periodic inspection and certification as deemed necessary by the Kittitas County Sheriff's Department. In considering proposals for the location of Shooting Ranges a detailed site plan shall be required;the Board's review of said site plan and the proposal as a whole shall include, but not be limited,to the following criteria: a. The general health, safety, and welfare of surrounding property owners, their livestock, their agricultural products, and their property. b. Adherence to the practices and recommendations of the "NRA Range Sourcebook." c. Adherence to the practices and recommendations of the "EPA Best Management Practices for Lead at Outdoor Shooting Ranges." d. Proposed shooting ranges in areas designated as agricultural land of long- term commercial significance shall comply with RCW 36 70A.177(3) as currently existing or hereafter amended, and shall be limited to lands with poor soils or those unsuitable for agriculture. 32. Subject to the provisions of KCC Chapter 17_66, Electric Vehicle Infrastructure. 33. Single family homes located in Twin Pines Trailer Park, Central Mobile Home Park, or Swiftwater shall be subject to the provisions of KCC Chapter 17_24, Historic Trailer Court Zone. 34. When located in the Liberty Historic Overlay Zone, this use is subject to the provisions of KCC Chapter 17_59. 35. Limited to facilities that serve traditional rural or resource activities (such as granges). Allowed as a permitted use in the Liberty Historic Overlay Zone, subject to the provisions of KCC Chapter 17_59. 36. Allowed only as a conditional use in the Liberty Historic Overlay Zone, subject to the provisions of KCC Chapter 17_59. 37. Prohibited in the Liberty Historic Overlay Zone.Temporary asphalt plants only. 38. As of September 1, 1998, mobile homes are no longer allowed to be transported and placed within Kittitas County. Those units presently located in Kittitas County that are to be relocated within Kittitas County must have a fire/life inspection approved by the Washington State Department of Labor and Industries. Mobile homes located in Twin Pines Trailer Park, Central Mobile Home Park, or Swiftwater shall be subject to the provisions of KCC Chapter 17_24, Historic Trailer Court Zone. 39. Permitted when located within an established mining district; conditional use permit required when located outside established mining district. 40. Single family homes located in Twin Pines Trailer Park, Central Mobile Home Park, or Swiftwater shall be subject to the provisions of KCC Chapter 17_24, Historic Trailer Court Zone. 41. Pursuant to RCW 70.128.140. 42. Permitted when conducted wholly within an enclosed building (excluding off-street parking and loading areas). 43. Includes truck stop operations. Minor repair work permitted. 44. Limited to facilities that serve traditional rural or resource activities (such as granges). 45. Use shall not exceed 10,000 square feet and no more than eight (8) events shall occur within a calendar year. 46. Existing facilities are permitted; new facilities require a conditional use permit. Limited to agricultural products. 47. Limited to seasonal, non-structural hay storage. 48. Services limited to resource based industries 49. All lots greater than one-half(1/2) acre will not have more than fifty percent (50%) of the lot covered by impervious surface. 50. An administrative conditional use permit is required when enhanced agricultural sales or sales of goods produced offsite are provided and/or when the farm stand is located more than forty-five (45) feet from the centerline of the public street or highway. 51. When enhanced agricultural sales are provided. 52. When approved as part of the PUD development plan. 53. Pursuant to KCC Chapter 17_62, Public Facilities Permits. 54. Limited to primitive campgrounds as defined by KCC 17.08.155A. 55. Agricultural Enhanced Uses which include eating and drinking establishments and/or event facilities for seminars or other social gatherings are limited to 4,000 square feet of total indoor floor area. 56. Only allowed as a conditional use when primary use of land is agriculture. 57, Pursuant to KCC 17.61C.050 and 17.61C.060. 58. (Removed per Ord. 2022-017, 2022) 59. The following standards shall apply to the approval and construction of mini warehouses in the Forest and Range zone: a. The site shall either be contiguous to a State Highway or contiguous to a designated urban arterial or rural collector road located near a highway intersection or freeway interchange. It is not necessary for the site to have direct access to such arterial, collector or highway to meet this requirement; b. Findings shall be made that the use does not require urban government services such as municipal sewer or water service and does not compromise the long-term viability of designated resource lands; c. Additional setbacks, physical barriers or site-screening may be required on sites that border resource lands in the Commercial Agriculture or Commercial Forest zoning districts; d. Measures shall be taken to protect ground and surface water; e. A mini-warehouse proposal (application) must include plans for aesthetic improvements and/or sight screening; f. All buildings with storage units facing property boundaries shall have a minimum setback of thirty-five (35) feet; g. No commercial or manufacturing activities will be permitted within any building or storage unit except for RV storage when authorized under KCC 17.15.060.2, Footnote 60; h. Lease documents shall spell out all conditions and restriction of the use; i. Signs, other than on-site direction aids, shall number not more than two (2) and shall not exceed forty (40) square feet each in area. 60. Recreational vehicle/equipment service and repair is permitted by conditional use permit in the Forest and Range zoning district. The site shall either be: a. Contiguous to a State Highway, or b. Contiguous to a designated urban arterial or rural collector road located near a highway intersection or freeway interchange. c. It is not necessary for the site to have direct access to such arterial, collector or highway to meet this requirement. Vehicles under repair shall either be kept inside buildings or visually screened from surrounding areas. No on-street vehicle parking shall be allowed associated with the use. All vehicles, including recreational vehicles and customer and employee automobiles shall be stored or parked on-site at all times. Maintenance and repair activities shall not take place in RV storage enclosures or spaces, except limited maintenance and minor repairs may be performed on RV's that are already being stored at the site in order to avoid having to move them, when such maintenance and repair activities can be completed in two hours or less and only in the enclosures or spaces in which the RV's are already being kept. This use shall be designed to be compatible with the surrounding rural character, subject to the following standards: d. Findings shall be made that the use does not require urban governmental services such as municipal sewer or water service and does not compromise the long-term viability of designated resource lands. e. Additional setbacks, physical barriers or site-screening may be required on sites that border resource lands in the Commercial Agriculture or Commercial Forest zoning districts. f. Measures shall be taken to protect ground and surface water. 61. Nurseries limited to the growth, display, and/or sale of plants, shrubs, trees, and materials used in indoor or outdoor planting. Sale of bulk landscape materials such as rock, bark, mulch and topsoil shall not be permitted in this zone. Pre-packaged landscape materials are excluded from this restriction. 62. Agricultural direct marketing activities shall comply with all of the following standards: a. The subject property shall be actively farmed by the property owner. b. Retail structures shall not total more than three thousand (3,000) square feet. c. The parcel, or adjacent parcel, shall include the residence of the owner or operator of the farm. d. Carnival rides, helicopter rides, inflatable features and other typical amusement park games, facilities and structures are not permitted. e. The use shall be operated in accordance with all applicable federal, state, and local ordinances. f. New structures or existing structures converted for public use shall meet current building and fire codes. g. Adequate sanitary facilities shall be provided in accordance with Kittitas County Public Health Department requirements. h. Adequate ingress/egress shall be provided to and from the site in accordance with Kittitas County Public Works requirements. i. Sufficient land area is provided to accommodate the proposed use and related parking, and the use and any appurtenant structures shall be so arranged on the land as to minimize any adverse effects on surrounding properties. The use shall not create particular hazards to adjacent properties. 63. Agricultural seasonal harvest festivities shall comply with all of the following standards: a. The site shall conform to the requirements for "agricultural direct marketing activities" except as provide for herein. b. Hours of operation shall occur between 8:00 a.m. and 6:00 p.m. c. Seasonal harvest festivities are prohibited on vacant property, unless the vacant land adjoins property occupied by the owner/operator of the festivities. d. Seasonal harvest festivities shall be limited to Friday, Saturday, Sunday, and Monday, from the second weekend of June through the December 31. e. Inflatable amusement devices, such as moonwalks, slides, or other inflatable games for children, shall be limited to a maximum of five (5) per seasonal harvest festivities event. (Ord. 2 222-017, 2022; Ord. 2021-015, 2021; Ord. 2019-013, 2019; Ord. 2018-021, 2018; Ord. 2018- 018, 2018; Ord. 2018-001, 2018; Ord. 2016-023, 2016; Ord. 2015-010, 2015; Ord. 2014-015. 2014; Ord. 2014-005 2014; Ord. 2014-004 2014; Ord. 2013-012, 2013; Ord. 2013-008, 2013; Ord. 2013-001, 2013) 17.15.070 Allowed Uses in Rural LAMIRD Lands. Note to Reader:All allowed uses within Type 3 LAMIRDs, other than manufacturing, outdoor recreation, and natural resource processing will be limited to 30,000 square feet in area, and that impervious surfaces on lots greater than one acre in size are limited to one third (1/3) of the lot.