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SECTION I PROCEDURAL FINDINGS Whereas, Kittitas County opted into the Growth Management Act, RCW 36.70A, voluntarily on December 27, 1990, through Resolution 90-138; and Whereas, The Kittitas County GMA Comprehensive Plan was originally adopted on July 26, 1996 by the Kittitas County Board of County Commissioners; and Whereas, Kittitas County Code 15B.03.030 indicates that any interested person, including applicants, citizens, county commission and board members, and staff of other agencies may suggest plan or development regulation amendments for annual consideration by the Kittitas County Planning Commission and Board of County Commissioners; and Whereas, Kittitas County Code 15B.03.030 requires amendments to the comprehensive plan or development regulations that are docketed by June 30th must be approved or denied by the Board of County Commissioners on or before December 31st of that same calendar year; and Whereas, Kittitas County Board of County Commissioners Resolution 2020-134 extended the deadline for docketing amendments until August 14, 2020, in response to Washington’s COVID-19 stay-at-home and phased reopening plans. Whereas, Kittitas County Community Development Services docketed a list of suggested changes to the Kittitas County Code and Comprehensive Plan and made these proposals readily available for review by the public in Community Development Services and within the County’s official website; and Whereas, Kittitas County submitted its proposed docketed items on September 25, 2020 to the Department of Commerce as required by statute and received a letter of receipt on September 28, 2020 that the docket proposal had been received and was sent to other agencies for comment; and Whereas, Comments were received from state agencies and members of the public; and Whereas, Kittitas County filed its overall docket SEPA checklist on September 22, 2020 and issued a Determination of Non-significance (DNS) for the annual docket on September 22, 2020 through authority of WAC 197-11-340; and Whereas, There were no agency or public appeals or reviews filed on the Determinations of Non-significance; and Whereas, Due public notice was placed upon the County official website and in the Daily Record on September 29, 2020 and October 6, 2020 regarding the Planning Commission public hearing; and Whereas, The Planning Commission was scheduled to conduct a public hearing on October 13, 2020 to hear testimony and take public comment on the items considered for amendment however, due to a lack of quorum, the hearing was cancelled; and Whereas, After due notice and publication on official website and Daily Record on October 27, 2020 and November 3, 2020, the Planning Commission conducted a public hearing on November 10, 2020 to hear testimony and take public comment on the items considered for amendment and after deliberation made recommendations to the Board of County Commissioners, taking due consideration of the public benefit involved in the proposals; and Whereas, After due notice and publication on official website and Daily Record on November 5, 2020 and November 12, 2020, the Kittitas County Board of County Commissioners held an open public hearing on December 2, 2020; and Whereas, After deliberation, the Board of County Commissioners made decisions on each docket item presented; and Whereas, Following the decisions on the docket items the Kittitas County Board of Commissioners instructed County staff to prepare an ordinance for their signature to adopt changes to the Kittitas County Code and Comprehensive Plan; and Whereas, The Kittitas County Board of County Commissioners considered enabling documents before the public on December 15, 2020. SECTION II – BOARD OF COUNTY COMMISSIONERS FINDINGS General Findings: The Kittitas County Board of County Commissioners held a public hearing on December 2, 2020 to hear testimony and accept written comments regarding proposed amendments to the Kittitas County Code and Comprehensive Plan. All members of the public who wanted to testify were allowed to speak or submit written correspondence into the record. The docketed items discussed during the Board of County Commissioners public hearing included: 2020 Proposed AMENDMENTS to Kittitas County Code and Comprehensive Plan Number Applicant Name Project Description Planning Commission Recommendation Staff Recommendation to BOCC 20-01 KCC Chapter 17.08.500 KCC 17.15 Commissioner Osiadacz KCC 15A.11.010 – Amend definition of “Special Care Dwelling” to include park model trailers. KCC 17.15 – Amend use tables in KCC 17.15 to provide standards for park model trailers in special care dwelling uses. Amend the code as proposed by staff, with additional clarifying language to 17.15.050.2(7)(h). 4-0 Approve Approve as recommended by Staff and PC. 20-02 KCC Chapter 17.15 Commissioner Wright Amend land use tables to allow cold storage in rural/resource zoning districts. Amend the code as proposed by staff. 4-0 Approve Approve as recommended by Staff and PC. 20-03 Chapter 17.70 Commissioner Wright Amend sign code to allow greater sign height and area for commercial zones fronting highways. Also add conditional use permit option for proposed signs that exceed standards. Amend the code as proposed by staff, but recommended that step explore development of lighting standards for signs and commercial uses in Kittitas County. 4-0 Approve Approve as recommended by Staff and PC. 20-04 Map Amendments Kittitas County CDS Planning Division Annexations into City of Ellensburg Jurisdiction through Ellensburg Ordinances. This is a map amendment. Update zoning and land use tables in Chapter 2 and Chapter 8 of Comp Plan, if necessary. Accept staff recommendation. 4-0 Approve Approve as recommended by Staff and PC. 20-05 KCC 16.10 Public Works – County Surveyor Amend Survey Requirements for Boundary Line Adjustments per County Surveyor. Amend the code as proposed by staff, with amendment to address setting property corners when weather will not allow. 4-0 Approve Approve as recommended by Staff and PC. 20-06 KCC 17.15.070 Public Works Staff Amend land use tables to allow for impound/towing yards in Snoqualmie Pass LAMIRD. Amend the code as proposed by staff. 4-0 Approve Approve as recommended by Staff and PC. 20-07 Commissioner Osiadacz Amend land use tables to allow nurseries by Conditional Use Permit in Rural Recreation zones. Recommend denying the code as proposed by staff. 4-0 Deny None. 20-08 KCC 17.13 KCC 17.36 Commissioner Wright Remove Transfer of Development Rights (TDR) requirement that conservation easements be held by nonprofit or quasi-governmental agency. Allow transfer of development rights for Planned Unit Developments (PUD) in the rural areas. Removed from Docket by BOCC 11/3/2020 N/A N/A 20-09 KCC 15A.03.020 Kittitas County CDS – Planning Amend to allow pre-application conference waivers. Accept Staff Recommendation 4-0 Approve Approve as recommended by Staff and PC. 20-10 KCC 13.40 BOCC and Public Works Staff Transfer Authority for Water Mitigation and Metering from Public Health to Public Works Accept Staff Recommendation 3-1 Approve Approve as recommended by Staff and PC. 20-11 Fire Marshall Authorize Fire & Life Safety Inspections for Short-Term Rentals Recommend denying the code amendment as proposed by staff. PC remanded to staff for further study on Short Term Rental certification standards. 4-0 Deny Approve as presented. 20-01 Kittitas County Proposal: Amend definition of “Special Care Dwelling” to include park model trailers. Amend use tables in KCC 17.15 to provide standards for park model trailers in special care dwelling uses. The proposed amendment to KCC 17.08.500 would amend the existing definition of “Special Care Dwelling” to include park model trailers. The land use tables in KCC 17.15 would be amended to provide standards for siting park model trailers. KCC 17.08.431 defines “park model trailer” as a trailer designed to provide seasonal or temporary living quarters which may be used with temporary connections to utilities necessary for operation of installed fixtures and appliances. It has a gross trailer area not exceeding four hundred (400) square feet. The Board of County Commissioners held a public hearing on December 2, 2020 and, by a 3-0 vote, approved the request as presented based on the Planning Commission recommendation, with one clarification adding a minor language change to KCC 17.15.050.2, 17.50.060.2, 17.15.070.02, and 17.15.080.2: “Park model trailers shall obtain the same building permit as for placement of a manufactured home,” finding that: The Planning Commission recommended approval, with additional clarifying language to 17.15.050.2(7)(h), as presented by staff to the Board of County Commissioners with a vote of 4-0. No public testimony for this proposal was received. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 20-02 Kittitas County Proposal: Amend KCC Chapter 17.15 land use tables to allow cold storage in rural/resource zoning districts. The proposed amendment to KCC 17.15 would allow agricultural cold storage in rural and resource zoning districts. The Board of County Commissioners held a public hearing on December 2, 2020 and approved the request as presented by a 3-0 vote, finding that: The Planning Commission recommended approval as presented by staff to the Board of County Commissioners with a vote of 4-0. No public testimony for this proposal was received. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 20-03 Kittitas County Proposal: Amend KCC Chapter 17.70 sign code to allow greater sign height and area for commercial zones fronting highways. Also add conditional use permit option for proposed signs that exceed standards. The proposed amendment to KCC 17.70 would allow a greater sign height and a greater area for commercial zoned properties fronting highways. The amendment would also include a Conditional Use Permit option for signs proposed to exceed height and area standards. The Board of County Commissioners held a public hearing on December 2, 2020 and approved the request as presented by a 3-0 vote, finding that: The Planning Commission recommended approval to the Board of County Commissioners with a vote of 4-0. No public testimony for this proposal was received. The change meets the Growth Management Act and the objectives of the County’s Comprehensive Plan. 20-04 Kittitas County Proposal: Amendment to Comprehensive Plan and Zoning Map, Exhibit D. This amendment includes the following: City of Ellensburg zoning map changes - The official zoning map is updated to reflect the recent annexation of parcel numbers 322733, 20998, and 20999, depicted in the City of Ellensburg Annexation Ordinance No. 4828. City of Ellensburg zoning map changes - The official zoning map is updated to reflect the recent annexation of 260 parcels, known as the “Currier Creek Annexation Area, depicted in the City of Ellensburg Annexation Ordinance No. 4847. Update Table 2-1 of the Comprehensive Plan to reflect the current land use designations and corresponding zoning classifications with their associated acreages. Update Table 8.2.4-1 of the Comprehensive Plan to reflect the current rural land use designations and corresponding zoning classifications with their associated acreages. An official paper zoning map is provided with this ordinance for approval and signature by the BOCC Chair reflecting all changes approved through this ordinance. The Board of County Commissioners held a public hearing on December 2, 2020, and approved the request as presented by a 3-0 vote, finding that: The Planning Commission recommended approval to the Board of County Commissioners with a vote of 4-0. No public testimony for this proposal was received. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 20-05 Kittitas County Proposal Amend Survey Requirements for Boundary Line Adjustments per County Surveyor. The proposal would amend survey requirements for Boundary Line Adjustments as recommended by the County Surveyor. The Board of County Commissioners held a public hearing on December 2, 2020 and approved the request as presented and amended based on the Planning Commission recommendation by a 3-0 vote, amending KCC 16.10.050: “Additionally, as a minimum, all corners of the new division lines shall be set, weather dependent, and positions noted on face of survey,” finding that: The Planning Commission recommended approval with amendments to the Board of County Commissioners with a vote of 4-0. No public testimony for this proposal was received. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 20-06 Kittitas County Proposal: Amend land use tables to allow for impound yard in Snoqualmie Pass LAMIRD. The proposed amendment to KCC 17.15.070 would allow impound/towing yards in the Snoqualmie Pass LAMIRD in order to assist with parking enforcement at the pass. Impound/towing yards would be a permitted use in the Light Industrial zoning district and would require a conditional use permit in the Highway Commercial and PUD zoning districts. KCC 17.08.320 defines “Impound/towing yard” as a fully enclosed area which is designed to hold and store vehicles for a period not more than ninety (90) days which have been impounded by a jurisdiction or private party. The Board of County Commissioners held a public hearing on December 2, 2020 and approved the request as presented by a 3-0 vote, finding that: The Planning Commission recommended approval to the Board of County Commissioners with a vote of 4-0. No public testimony for this proposal was received. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 20-07 Kittitas County: Amend land use tables to allow nurseries by Conditional Use Permit in Rural Recreation zones. The proposed amendment to KCC 17.15.060 would allow nurseries by Conditional Use Permit in Rural Recreation zoning districts. KCC 17.08.415 defines “nurseries” as an establishment for the growth, display, and/or sale of plants, shrubs, trees, and materials used in indoor or outdoor planting such as but not limited to beauty bark, round landscape rock, topsoil, and mulch, conducted within or without an enclosed building. The Board of County Commissioners held a public hearing on December 2, 2020 and denied the request as presented based on the Planning Commission recommendation by a 2-1 vote, with the request that staff consider and develop a set of minimum standards, and expedite another public hearing before the next docket hearing, with Commissioner Wright voting against, finding that: The Planning Commission recommended denial of the proposal to the Board of County Commissioners with a vote of 4-0. No public testimony for this proposal was received. 20-08 Kittitas County Proposal Item 20.08 was removed from the docket by the BOCC on November 3, 2020 and was not included in the Planning Commission or Board of County Commissioners Hearings. 20-09 Kittitas County Proposal: Amend to allow pre-application conference waivers. Currently, KCC 15A.03.020 requires a pre-application conference prior to applying for Cluster Plats and Conservation Plats, Planned Unit Developments, master planned resorts, conditional use permits, shoreline substantial development permits, shoreline conditional use permits, shoreline variances, rezones and any preliminary plat over nine (9) lots. The proposed amendment would allow for pre-application waivers under certain circumstances. The Board of County Commissioners held a public hearing on December 2, 2020 and approved the request as presented by a 3-0 vote, finding that: The Planning Commission recommended approval to the Board of County Commissioners with a vote of 4-0. Public testimony in favor of this proposal was received. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 20-10 Kittitas County Proposal: Transfer Authority for Water Mitigation and Metering from Public Health to Public Works. The proposed amendment to KCC 13.40 would transfer the authority for Water Mitigation and Metering from Public Health to Public Works. The Board of County Commissioners held a public hearing on December 2, 2020, and approved the request as presented and amended based on the Planning Commission recommendation by a 3-0 vote, finding that: The Planning Commission recommended approval to the Board of County Commissioners with a vote of 3-1. No public testimony for this proposal was received. The change meets the Growth Management Act and the objectives of the Comprehensive Plan. 20-11 Kittitas County Proposal: Authorize Fire & Life Safety Inspections for Short-Term Rentals. The proposed amendment to KCC 20.05 would authorize Fire and Life Safety inspections for Short-Term Rentals. Short-term rentals are defined by RCW 64.37.010 as follows: (9)(a) "Short-term rental" means a lodging use, that is not a hotel or motel or bed and breakfast, in which a dwelling unit, or portion thereof, that is offered or provided to a guest by a short-term rental operator for a fee for fewer than thirty consecutive nights. (b) "Short-term rental" does not include any of the following: (i) A dwelling unit that is occupied by the owner for at least six months during the calendar year and in which fewer than three rooms are rented at any time; (ii) A dwelling unit, or portion thereof, that is used by the same person for thirty or more consecutive nights; or (iii) A dwelling unit, or portion thereof, that is operated by an organization or government entity that is registered as a charitable organization with the secretary of state, state of Washington, or is classified by the federal internal revenue service as a public charity or a private foundation, and provides temporary housing to individuals who are being treated for trauma, injury, or disease, or their family members. The Board of County Commissioners held a public hearing on December 2, 2020 and denied the request as presented based on the Planning Commission recommendation by a 3-0 vote, with the request that staff form a committee of fire community members and short-term rental stakeholders, to develop a plan to bring this proposed amendment into code, finding that: The Planning Commission recommended denial to the Board of County Commissioners with a vote of 4-0. No public testimony for this proposal was received. SECTION III - FINAL DECISION AND SIGNATURES BE IT ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves amendments to KCC 17.08.500 and 17.15 to amend the definition of “Special Care Dwellings” to include park model trailers, and provide standards for park model trailers in special care dwelling uses, as shown in Exhibit A. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves amendments to KCC 17.15, to allow cold storage in Rural and Resource zoning districts, as shown in Exhibit B. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves amendments to KCC 17.70 to allow greater sign height and area for commercial zones fronting highways, with a Conditional Use Permit option for signs that exceed required standards, as shown in Exhibit C. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves amendments to the Comprehensive Plan and Zoning Map, as shown in Exhibit D. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves amendments to KCC 16.10 to update existing survey requirements for Boundary Line Adjustments, as shown in Exhibit E. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves amendment to KCC 17.15, to allow an impound yard in the Snoqualmie Pass LAMIRD, as shown in Exhibit F. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby denies amendment to KCC 17.15.060, to allow nurseries by Conditional Use Permit in Rural Recreational zoning districts. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves amendments to KCC 15A.3.020, to allow pre-application waivers for applicants meeting a set of criteria standards, as shown in Exhibit G. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves amendments to KCC 13.40 and 18.01.020, to transfer the authority for Water Mitigation and Metering from the Public Health Department to Public Works, as shown in Exhibit H. BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby denies amendments to KCC 20.05 to authorize Fire and Life Safety Inspections for Short Term Rentals. NOW, BE IT FURTHER ORDAINED that the Board of County Commissioners, after due deliberation, hereby approves the adoption of the 2020 Amendments to the Kittitas County Code as shown in Exhibits A through H attached hereto and incorporated by reference. Information Services is hereby directed to make these changes to the regulations on the County website. The Community Development Services Director and Prosecuting Attorney are authorized to correct any scrivener’s errors without Board approval. Adopted this ___15th_____ day of _____December______, 2020, at Ellensburg, Washington. BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Brett Wachsmith, Chairman Laura Osiadacz, Vice-Chairman Cory Wright, Commissioner ATTEST: APPROVED AS TO FORM: ☐ Clerk of the Board- Julie Kjorsvik☐ Deputy Clerk of the Board- Mandy Buchholz Neil Caulkins, Deputy Prosecuting Attorney signing for Gregory L. Zempel Prosecuting Attorney