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HomeMy WebLinkAboutPart 1 BOCC_Marion PBCP recordKITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES -% 411 N. Ruby SL, Suite 2, Ellensburg, WA 98926 CDSUCO.KITTITAS.WA.US I Office (509) 962-7506 T = `Building Partnerships— Building Communities"" Fax (509) 962-7682 � =iamt cxv1� AGENDA STAFF REPORT AGENDA DATE: September 15, 2009 ACTION REQUESTED: Conduct Closed Record Meeting for the Marion Performance Based Cluster Plat (P-06-06). BACKGROUND: Chad Bala of Terra Design Works, Inc., authorized agent for Fowler Creek Trust, landowner, for an application for a 12 -lot Performance Based Cluster Plat pursuant to Kittitas County Code 16.09 on approximately 18.02 acres of land that is zoned Agriculture -3. The subject property is located south of Nelson Siding road and west of the City of Cie Elum and Golf Course road, on Nelson Siding road, Cie Elum, WA 98922 located in SE '/4 Section 27, T. 20N. R. 14E, W.M., in Kittitas County. Tax Parcel number 20-14-27040-0014. The Hearing Examiner conducted an open record hearing July 9, 2009 to consider this matter where testimony was heard. On July 24, 2009 the Hearing Examiner issued a recommendation of preliminary plat approval for the Marion Performance Based Cluster Plat (P-06-06). INTERACTION: Kittitas County Environmental Health, Kittitas County Public Works, Washington Department of Ecology. RECOMMENDATION: Staff recommends the Board conduct a closed record meeting as scheduled, to consider the Hearing Examiner's recommendation of approval for the Marion Performance Based Cluster Plat (P-06-06).and direct staff to prepare enabling documents to reflect the decision of the Board. HANDLING: None. ATTACHMENTS: File index, Hearing Examiner's recommendation & exhibits and a complete record of file. LEAD STAFF: Dan Valoff, CDS Staff Planner COMMUNITY PLANNING • BUILDING INSPECTION • PLAN REVIEW • ADMINISTRATION • PERMIT SERVICES - CODE ENFORCEMENT • FIRE INVESTIGATION PROJECT NAME: Marion Performance Based Cluster Plat (P-06-06) Index # "Numbers in lower right hand corner Document Name I Staff Report 2 Maps of Project (Vicinity, Zoning, Site) 3 Notice of Application (Including SEPA Checklist) 4 SEPA MDNS 5 List of Exhibits 6 Public Works Comments 7 Environmental Health Comments 8 Department of Ecology 9 Comments from Randy & Teresa McFadden 10 Fax from Roger Olson &Karen Watland 11 Comments from Dr. D.M. & Wendy Bridgeman 12 Applicant's requests to place project on hold 13 Notice of Public Hearing 14 Affidavit of Mailing Notice #121-1 Applicants submittals to the Hearing Examiner Exhibit #A CDS staff Power Point Presentation Exhibit #1 7-8-09 letter from Randy & Teresa McFadden Exhibit 42 Aerial photo submitted to the Hearing Examiner Exhibit #3 Comments submitted by the Applicant Exhibit #4 Easement agreement dated 6-17-09 Exhibit #5 Written comments from Roger Olsen & Karen Watland Exhibit #6 Hearing Examiner's Recommended Findings & Conditions of Approval KITTITAS COUNTY LAND USE HEARING EXAMINER IN THE MATTER OF P-06-06 Marion Performance Based Cluster Plat ECEIVELA JUL 2s 2u" j 0titas County CDS RECOMMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND CONDITIONS OF APPROVAL THIS MATTER having come on for hearing in front of the Kittitas County Hearing Examiner on July 9, 2009, the Hearing Examiner having taken evidence hereby submits the following Recommended Findings of Fact, Conclusions of Law, Decision and Conditions of Approval as follows: I. RECOMMENDED FINDINGS OF FACT Chad Bala of Terra Design Works, hic., authorized agent for Fowler Creek Trust, landowner, for an application for a 12 -lot Performance Based Cluster Plat pursuant to Kittitas County Code 16.09 on approximately 18.02 acres of land that is zoned Agriculture -3. (Staff Report) 2. The contact person/authorized agent is Chad Bala, TerraDesign Works, Land Planning Consultants, PO Box 462, Roslyn, WA 98941. (Application materials) The proposed lot sizes range from 0.66 acres to 1.05 acres with 4.54 acres to be designated open space. The project is proposed to be served by a Group `B" public water system and community on-site septic systems. (Staff Report) 4. The property is located south of Nelson Siding road and west of the City of Cle Elum and Golf Course road, on Nelson Siding road, Cle Elum, WA 98922 located in SE '/4 Section 27, T20N. R14E, W.M., in Kittitas County. Map number 20-14-27040-0014. (Staff Report) P-06-06 Marion Performance Based Cluster Plat Page 1 of 10 EK -b Site hiformation Total Project Size: 18.02 acres Number of Lots: 12 Zoning district Agriculture -3 Domestic Water: Group `B" community water system Sewage Disposal: Community on-site septic system Power/Electricity: Puget Sound Energy Fire Protection: Fire District #7 Irrigation District: Kittitas Reclamation District (Staff Report) 6. Site Characteristics: The area is lightly forested and has been in agriculture for over 25 years. 7. Surrounding Property North: Residential South: Residential East: Residential West: Residential (Staff Report) The Comprehensive Plan designation is Rural. (Staff Report) 9. The subject property is zoned Agriculture -3, which allows for one residential unit per 3 acres. (Staff Report) 10. A complete long plat application was submitted to Community Development Services on February 6, 2006. The Notice of Application for the preliminary plat application was issued on February 22, 2006. This notice was published in the official county paper of record and was mailed to jurisdictional government agencies, adjacent property owners and other interested parties. (Staff Report) 11. Based upon review of the submitted application materials including an environmental checklist, correspondence received during this 15 day comment period and other information on file with Community Development Services, a Mitigated Determination of Non -Significance (MDNS) was issued on March 22, 2006. The appeal period ended on April 6, 2006 at 5:00 p.m. No appeals were filed. (Staff Report) 12. The proposal is consistent with the goals and policies of the Kittitas County Comprehensive Plan. The proposed subdivision will be adequately served by rural levels of service. The lots will be served by a Group B community water system and community on-site septic systems. Staff has conducted and an administrative critical P-06-06 Marion Performance Based Cluster Plat Page 2 of 10 area review in accordance with KCC 17A and found a small wetland on the project site. (Staff Report) 13. This proposal is consistent with the Kittitas County Subdivision Code Chapter 16.09 for Performance Based Cluster Platting. (Staff Report) 14. All roads are required to meet all Kittitas County Road Standards as outlined in the Marcy 21, 2006 memorandum issued by the Department of Public Works. As conditioned, the proposal is consistent with the provisions of KCC Title 12. (Staff Report) 15. The following agencies provided comments during the comment period: Department of Ecology, Kittitas County Department of Public Works and Environmental Health. These comments have been included as conditions of approval to address these agency concerns. (Staff Report) 16. Public and agency comments that were received were considered by the Hearing Examiner in rendering this Decision and forming Conditions of Approval. (Hearing Examiner finding based on the record) 17. This Application was found to be Technically Complete as required by law. (Hearing Examiner finding based on the record) 18. The entire Planning Staff file was admitted into the record at the public hearing. (Public hearing record) 19. The Kittitas County Community Development Services recommended approval of this permit, subject to the recommended conditions of approval. (Public hearing record) 20. Public hearing after due legal notice was held on July 9, 2009. Appearing and testifying on behalf of the applicant was Chad Bala of Terra Design Group., Mr. Bala testified that he was an agent authorized to appear and testify on behalf of the applicant. Mr. Bala clarified the staff report in that the water supply would be a Group B well and that the septic would be a group septic system. He also stated that a prior boundary dispute litigation had been resolved. He stated that the homeowners association would own and control the open space. He testified that the applicant had no objection to any of the proposed conditions of approval. (Open record public hearing testimony) 21. No member of the public testified in favor of the project. (Hearing Examiner finding based on the record) P-06-06 Marion Performance Based Cluster Plat Page 3 of 10 22. Admitted into the record were the following exhibits: 22.1 Exhibit 1, submitted by staff, is a letter received July 8, 2009, from Randy and Teresa McFadden. 22.2 Exhibit 2, admitted into the record, is an aerial photograph with the parcel outlined. 22.3 Exhibit 3, admitted into the record, were comments submitted by the applicant. 22.4 Exhibit 4, admitted into the record, is an easement agreement dated June 17, 2009. 22.5 Exhibit 5, which was admitted into the record, were written comments from Roger Olsen and Karen Watland. (Open record public hearing record) 23. Testifying in opposition to the project was Roger Olsen. He testified consistent with his written statements which were admitted into the record as Exhibit 5. His concerns related to access roads, the water system, and the use of the open space. He also had concern over cluster points for connectivity. He had questions regarding the project meeting the criteria for "increased" recreation. The property already has existing trails and a riding arena and did not feel that there would be any "increase" of recreation. (Open record public hearing testimony) 24. Also testifying in opposition to the project was Larry Schiferl. His main concern was the Kittitas Reclamation District lateral down the west side of the proposed road. It is his understanding that this adjacent property would be developed and that the road would connect with that new project. (Open record public hearing testimony) 25. At the end of the public testimony, the Hearing Examiner kept the record open until July 16, 2009, and indicated that he would render his Recommended Decision on or before July 30, 2009. (Open record public hearing) 26. On July 16, 2009, the applicant's representative submitted a 4 -page letter in response to the comments contained in Exhibit 1. (Hearing Examiner finding based on the record) 27. Performance based cluster plats are awarded density bonuses based upon satisfaction of certain criteria. (Staff Report) 28. The project is entitled to 25 points because 25% of the land is placed into open space for perpetuity. (Staff Report) 29. The project is entitled to 25 points by developing a Class B water system. (Staff Report) P-06-06 Marion Performance Based Cluster Plat Page 4 of 10 30. The project is entitled to 25 points by creating wider easements than are required for multi -modal transportation. (Staff Report) 31. The project is entitled to 10 points by developing a community septic system. (Staff Report) 32. The applicant is entitled to 10 points by providing active recreation via trail system within the open space in the nature of horse riding facilities. (Staff Report) 33. The applicant is entitled to 10 points by providing passive recreation as a result of development within a location on the trail system for picnicking, bird watching and other sightseeing activities within the wooded area within the open space. These facilities will be open for the residents of the development. (Staff Report) 34. The applicant is entitled to 105 points resulting in 100% bonus density. (Staff Report) 35. The proposal is appropriate in design, character and appearance with the goals and policies for the land use designation in which the proposed use is located. (Hearing Examiner finding based on the record) 36. The proposed use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated by conditions of approval. (Hearing Examiner finding based on the record) 37. The proposal will be served by adequate facilities including access, fire protection, water, storm water control, and sewage disposal facilities. (Hearing Examiner finding based on the record) 38. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. (Hearing Examiner finding based on the record) II. RECOMMENDED CONCLUSIONS OF LAW The Hearing Examiner has been granted authority to render this recommended decision. 2. As conditioned, the development meets the goals, policies and implementation recommendations as set forth in the Kittitas County Comprehensive Plan. P-06-06 Marion Performance Based Cluster Plat Page 5 of 10 As conditioned, this proposal is consistent with applicable federal and state laws and regulations. 4. Public use and interest will be served by approval of this proposal. Performance based cluster subdivisions are entitled to bonus densities, up to 100%, based upon satisfaction of various criteria contained within the Kittitas County Code. 6. This project is entitled to 100% bonus density. As conditioned, the proposal is consistent with Kittitas County Code Title 16 Subdivision, Title 17 Zoning, Title 17A Critical Areas, Title 15 Environmental, and Title 12 Roads and Bridges. 8. As conditioned, the proposed use is consistent with the intent, purposes and regulations of the Kittitas County Code and Comprehensive Plan. 9. As conditioned, the proposal does conform to the standards specified in Kittitas County Code. 10. As conditioned, the use will comply with all required performance standards as specified in Kittitas County Code. 11. As conditioned, the proposed use will not be contrary to the intent or purposes and regulations of the Kittitas County Code or the Comprehensive Plan. 12. As conditioned, this proposal does comply with Comprehensive Plan, the Shoreline Master Program, the zoning code and other land use regulations, and SEPA. 13. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference. III. RECOMMENDED DECISION Based on the above Recommended Findings of Fact and Recommended Conclusions of Law, the Hearing Examiner hereby recommends that Application P-06-06, Marion Performance Based Cluster Plat, be APPROVED subject to the following Recommended Conditions of Approval. IV. RECOMMENDED CONDITIONS OF APPROVAL All Conditions of Approval shall apply to the applicant, and the applicant's heirs, successors in interest and assigns. P-06-06 Marion Performance Based Cluster Plat Page 6 of 10 All conditions imposed herein shall be binding on the "Applicant," which terms shall include the owner or owners of the property, heirs, assigns and successors. 2. The project shall proceed in substantial conformance with the plans and application materials on file dated February 6, 2006 except as amended by the conditions herein. 3. The applicant is responsible for compliance with all applicable local, state and federal rules and regulations, and must obtain all appropriate permits and approvals. 4. All current and future landowners must comply with the International Fire Code. 5. It is the responsibility of the applicant to contact the Kittitas County Assessor's and Treasurer's offices to confirm all taxes are current prior to final plat approval. 6. Soil logs need to be scheduled and dug at a mutually convenient time. The developer/owner shall provide soil logs as per Chapter 246-272 WAC or as amended. The information obtained will be recorded and placed in the plat file for future reference. The information obtained from these soil logs is for plat approval purposes only and does not constitute a site evaluation in conjunction with the issuance of a permit for any specific lot. Proof of potable water must be shown prior to final plat approval. 8. The Final Plat shall meet all requirements as listed in Chapter 16.20 of the Subdivision Code; including content, format, etc. The following items will be required on the Final Plat Submittal: a. Adjacent Property Owners: The adjacent property owners and surrounding properties shall be on the face of the final short plat. (K.C.C.16.20.040, 10, Plat drawing, Adjacent Owners). b. Surrounding Area: All surrounding property shall be shown in dotted lines and letters with names of plats, roads, adjoining lots, canals, and etc., and if un -platted shall be so indicated. (K.C. C. 16.20.040, 11, Plat drawing, Surrounding Area). 9. Private roads serving any of the lots within this development shall be inspected and certified by a licensed professional engineer for conformance with current Kittitas County Road Standards, 9/6/05 edition. Kittitas County Public Works shall require this road certification to be completed or improvements bonded for prior to the issuance of a building permit for any of the structures within the proposed plat. 10. Private roads serving any of the lots within this development shall be inspected and certified by a licensed professional engineer for conformance with the current Kittitas P-06-06 Marion Performance Based Cluster Plat Page 7 of 10 County Road Standards. Kittitas County Public Works shall require this Road Certification to be completed, prior to the issuance of a Building Permit for any of the residence within the proposed plat. 11. Access for Lots 3 thru 12 shall be via a minimum 40' access easement or a 60' easement as shown on the face of the preliminary plat. Access shall be constructed as a High -Density Private Road and serve 3 to 14 tax parcels. (See current Kittitas County Road Standards) a. Access Easements shall be improved to a minimum of 40'. The roadway width shall be 20', with l' shoulders = 22' total width. b. All easements shall provide for AASHTO radius at the intersection with a County Road. C. Minimum centerline radius will be 60'. d. Surface requirement 6" gravel surface. e. Maximum Grade 8% flat, 12% rolling or mountainous. f Stopping Site Distance, reference AASHTO. g. Entering Site Distance, reference AASHTO. h. A paved apron shall be constructed at the intersection of the proposed private intersection and the County road right of way. i. Maintenance of driveway approaches shall be the responsibility of the owner whose property they serve. The County will not maintain accesses. j. Any further subdivision or lots to be served by proposed access may result in further access requirements. See Kittitas County Road Standards. k. All roads located within this development and/or providing access to this development shall be constructed to current county road standards. Any other maintenance agreements, forest service road easements, city or state easements may require higher road standards. The higher of the road standards shall apply. 12. Access to lots 1 & 2 shall be constructed to serve no more than two parcels. (See current Kittitas County Road Standards) a. Access Easements shall be improved to a minimum of 20'. The roadway width shall be 12', gravel surface. b. Maintenance of driveway approaches shall be the responsibility of the owner whose property they serve. The County will not maintain accesses. C. Any further subdivision or lots to be served by proposed access may result in further access requirements. See Kittitas County Road Standards. 13. An approved access permit will be required from the Department of Public Works prior to creating any new driveway access or performing work within the county road right of way. P-06-06 Marion Performance Based Cluster Plat Page 8 of 10 14. It is the responsibility of the Professional Licensed Survey (PLS) to ensure the lot closures are correct and accurate. 15. According to KCRS 12.11.010 Mailbox(s) shall be "break -away" design and be approved by the U.S. Postal Services. See WSDOT Standard Drawings H-12 sheet 1-3. 16. The diameter of the cul-de-sac should be shown on the face of the preliminary plat. (See current Kittitas County Road Standards) a. Cul-de-sac design, reference AASHTO. b. Contact Fire Marshall regarding any additional cul-de-sac requirements. 17. Contacting the Kittitas County Rural Addressing Coordinator at (509) 962-7523 to obtain addresses prior to obtaining a building permit. A parcel cannot receive a building permit or utilities until such parcel is identified with a 911 address. 18. Contact the Kittitas County Fire Marshall regarding any additional access requirements for Emergency Response. 19. Private roads shall meet the following conditions: a. Private roads shall meet the minimum access requirements of Section 902 — FIRE DEPARTMENT ACCESS — of the International Fire Code as adopted by the County, and b. Shall be designed and constructed in conformance with AASHTO Guidelines for Geometric Design of Very Low -Volume Local Roads (ADT< 400) 2001, as now exists or hereafter amended, and C. Shall be inspected and certified by a licensed professional engineer for conformance with the above referenced standards. In the alternative, an applicant may request the private roadway to be inspected and subject to the approval of the Public Works Director. If certification by the public Works Director/County Engineer is desired, submission of road plans and necessary testing documentation that confirms compliance with Kittitas County Road Standards is required, and services will be performed on a reimbursable basis, and d. Permanently established by an easement recorded with the Kittitas County Auditor or Right-of-way, providing legal access to each affected lot, dwelling unit, or business, and e. Will not result in land locking of existing or proposed parcels, and f. Maintained by the developer or legally responsible owner or homeowners' association or other legal entity made up of all benefited property owners, under the provisions of an acceptable and recorded "Private Road Maintenance Agreement", and P-06-06 Marion Performance Based Cluster Plat Page 9 of 10 g. Clearly described on the face of the plat, short plat, or other development authorization and clearly signed at street location as a private street or road, for the maintenance of which Kittitas County is not responsible and a disclosure statement of the same is filed with the County Auditor, and h. The following note shall be placed on the face of the plat, short plat, or other development authorization: "Kittitas County will not accept private roads for maintenance as public streets or roads until such streets or roads are brought into conformance with current County Road Standards. This requirement will include the hard surface paving of any street or road surfaced originally with gravel. " 20. A plat note discussing the spread of noxious weeds shall be shown on the plat and shall read: "Per RCW 17.10.140 Landowners are responsible for controlling and preventing the spread of noxious weeds, accordingly, the Kittitas County Noxious Weed Board recommends immediate reseeding of areas disturbed by development to preclude the proliferation of noxious weeds." 21. Final mylars shall be submitted in accordance to KCC 16.20: Final Plats. All applicable survey data and dedications shall be reflected pursuant to KCC 16.24: Survey Data -Dedications. 22. Both sheets shall reflect the Plat number: P-06-06. Dated this 241h day of July, 2009. KITT AA COUNT ARING EXAMINER ,kagew L. Kottkamp P-06-06 Marion Performance Based Cluster Plat Page 10 of 10 TE G July 16, 2009 Andy Kottkamp Hearing Examiner PO Box 1667 435 Orondo Wenatchee, WA 98807 JUL 1 u" 2009 Subject: Marion Cluster Plat (P-06-06) Response to July 9`", 2009 Hearing Testimony. Roger Olsen Letter The Marion Cluster Plat was submitted on February 22, 2006. The applicant is Fowler Creek Trust. This applicant is a separate landowner from the Springtree H development, which is currently on hold. The Springtree II applicant is James K Schuler, who is a completely different landowner from Fowler Creek Trust. Irrigation Easement: Yes there is a KRD lateral that ends prior to this proposal; which was shown at the hearing. Where the KRD lateral ends at that point there is a 6 -foot wide easement running north along the property line for delivery of water. The applicant has negotiated an easement for ingress and egress and road construction. Said road shall meet the county requirements for private roads and shall be placed within the 60 foot easement in such a manner that it will not impact the irrigation easement. Bonus Points: 1. 25 points for a Group Water System. This project proposed a Group Water System instead of individual wells. This qualifies for the 25 points pursuant to the Performance Based Cluster Code (Ord. 2005-35). The application was submitted and reviewed by County Staff for consistency and processed this application pursuant to County Code. Furthermore County Staff recommended approval, which provided more consistency with the county code in which this application was submitted under. 2. 25 points for placing 25% into Opens Space. This qualifies for the 25 points pursuant to the Performance Based Cluster Code (Ord. 2005-35). The application was submitted and LAND USE CONSULIANTS TE G 4. 5. reviewed by County Staff for consistency and processed this application pursuant to County Code. Furthermore County Staff recommended approval, which provided more consistency with the county code, which this application was submitted under. The landowner is going to continue to use the existing horse facilities within the open space and any new lot owner would be allowed to board and use those horse facilities. With regards to Mr. Olsen's statement that open space cuts across the porch of a house? The open space he is referring is not part of the Marion Cluster Proposal. 25 points for connectivity between developments. This qualifies for the 25 points pursuant to the Performance Based Cluster Code (Ord. 2005-35). The application was submitted and reviewed by County Staff for consistency and processed this application pursuant to County Code. Furthermore County Staff recommended approval, which provided more consistency with the county code, which this application was submitted under. First off it was only required that a 40 foot easement was to be established to provide access to this proposed development. The applicant, authorized agent met with county staff regarding this application and the Springtree II Application submitted on behalf of James K Schuler and agreed that if we provided a 60 -foot easement thus providing and incorporating appropriate easements and rights of way to allow for connectivity between developments for motorized, non -motorized and pedestrian travel. It would facilitate a grid system transportation network at the same time this proposed 60 foot easement will provide a single access point off of Nelson Siding Road for the Marion Cluster Plat and the two lots adjacent to the Marion Cluster plat. Active Recreation area earns 10 points. This qualifies for the 10 points pursuant to the Performance Based Cluster Code (Ord. 2005-35). The application was submitted and reviewed by County Staff for consistency and processed this application pursuant to County Code. The applicant is providing open space that would incorporate active recreation and the use of the existing horse facilities along with a trail along the proposed 60' easement. Furthermore County Staff recommended approval, which provided more consistency with the county code. Passive Recreation area earns 10 points. This qualifies for the 10 points pursuant to the Performance Based Cluster Code (Ord. 2005-35). The application was submitted and reviewed by County Staff for consistency and processed this application pursuant to County Code. The applicant is providing LAND USE CONSULTANTS TE G view locations, birding areas along with picnicking areas as passive recreation use. Furthermore County Staff recommended approval, which provided more consistency with the county code. 6. Wastewater management via a community septic system earns 10 points. This qualifies for the 10 points pursuant to the Performance Based Cluster Code (Ord. 2005-35). The application was submitted and reviewed by County Staff for consistency and processed this application pursuant to County Code. There is public benefit associated with a community septic system for the proposed 12 lots as opposed to individual septic systems. This reduces the number of septic systems in the ground, therefore reducing the chances of a failed system. All local and state regulations will be followed in regards to the installation and operation of the community septic system. Furthermore County Staff recommended approval, which provided more consistency with the county code. McFadden Letter Issue #3. This project was submitted and processed during 2006 prior to Kittitas County adopting KCC 15A.03.110 Posting sites. This code requiring posting a site was adopted July 2007. Issue #4. What was submitted to the m Coun 2006 was the same plat layout as presented at the hearing on July 9, 2009. As I testified at the night of the hearing, Staff power point presentation included a parcel map from the County that showed the old parcel configuration. Issue #5. The notice of application along with submittal documents/applications/boundary lot line applications all contained the appropriate parcel numbers. The Kittitas County has two ways of identifying a parcel. You can do this either by the parcel id # or the Map number. Furthermore the parcel number that was included in the application was accepted by County staff, who deemed the Marion Cluster Plat a complete application. #9. Pursuant to Index #39 Applicants Submittal Question 8 Narrative Project Description this project will be served by an existing well that has been in continuous use. No new well will be developed for this project. TE G Thank you for the opportunity to respond to the written comments submitted at the Marion Performance Based Cluster Plat Hearing on July 9, 2009. Sincerely, Chad Bala CC: Fowler Creek Trust, Applicant Dan Valoff, Kittitas County CDS Planner LAND (ISI CONSULIANIS r-�Attention: Kittitas County Hearing Examiner Regarding: Marion Performance Based Cluster Plat (P-06-06) JUL 1 e 2M r a ®unty Randy and Teresa McFadden CDS r •i tJ`, PO Box 804 2091 Nelson Siding Road ar Cle Elum, WA 98922fil'r I have several reasons why this cluster plat should be denied. 1. They used almost an exact same name as another cluster plat also in contention. 2. Schuler is Pat Deneens financial backer; all they did is change the name to throw off suspicion, because Mr. Deneen is so unliked in all of Upper Kittitas County. 3. This Plat submission was never posted to the Kittitas County Web Site so individual landowners never had access to review it. 4. The map that the developer sent out is completely in accurate based on what the county has on file. 5. Also incorrect on the developer's paper work is the tax parcel number. The Tax parcel number s/b 396334 not what they listed on their paperwork. The number listed on their paper work is actually their map number. 6. We live in the country. We choose to live in the country so we don't have to live right next door to our neighbor. You are ruining the county and bringing down our tax values by allowing cluster plats. If I wanted to live next door to someone I would live in the city. 7. No developer ever lives in his own cluster plats that they put in. 8. Does this mean if I have lots of money that I can put five houses on my six acres, when is it going to stop. 9. Our well is already starting to show signs of losing water pressure and we are below where they are developing, meaning that it is only going to get worse. So our property values go down, we lose our well, and we lose our privacy. All so a developer can make money. Thanks. I know I did not elect officials to allow all this development. Development that is destroying the country. If he wants to build, he can build near cities, not where he is ruining everything around us. He is forcing us to move and that is not fair. Sincerely saddened, R yrdQ and Teresa McFadden� .—E Legend Map Center: Township:20 Range:14 section:27 7/9/2009 Disclaimer: Kittitas County makes every effort to produce and publish the most current ^' Tax Parcels and accurate information possible. No warranties, expressed or implied, I v O Townships are provided for the data provided, its use, or its interpretation. Kittitas County '—:-7, Rights of Way Scale = 1:3,600 does not guaranteethe accuracy of the material contained herein and isoiml g Y $eCtlOnS not responsible for any misuse or representations by others regardingthis s� 4'C V OC, �x all CDsa ` t � } t INV 27 s4 T20N R14E 0 f. .y ♦ � a .mak` .—E Legend Map Center: Township:20 Range:14 section:27 7/9/2009 Disclaimer: Kittitas County makes every effort to produce and publish the most current ^' Tax Parcels and accurate information possible. No warranties, expressed or implied, I v O Townships are provided for the data provided, its use, or its interpretation. Kittitas County '—:-7, Rights of Way Scale = 1:3,600 does not guaranteethe accuracy of the material contained herein and isoiml g Y $eCtlOnS not responsible for any misuse or representations by others regardingthis s� 4'C V OC, �x Marion PBCP Response to Comments 1. KC Public Health Issues: Water and Septic Response: the applicant will meet the requirements of Kittitas County Public Health Department and WA State Department of Health regarding Group water systems and community septic systems. This was a condition of the MDNS that was not appealed. 2. McFadden Issues: Pollution from Septic systems Canal Water Flow Traffic Hrs of operation Ag -3 zoning Response: The applicant required to meet the requirements of Kittitas County Public Health Department and WA State Department of Health regarding Group water systems and community septic systems. This was a condition on the MDNS, which was not appealed. Regarding Canal Water Flow the applicant is required by Kittitas County Code 16.18 to supply a irrigation plan, for the proposed lots being created, if those lots are served by an irrigation entity. Regarding Traffic the applicant has completed a Transportation Impact Analysis (TIA) in order to assess impact if any with regards to this proposal. This was not required by County Staff nor part of the MDNS, but was provided by the applicant. Index number 89 is the Section 7 Titled Conclusions of the TIA. Under this section it is stated that the level of service at this site access point and other intersections is forecasted to remain at or near a LOS -A and that the County's standard for rural roads is LOS -C, so no improvements are necessary to mitigate impacts. With regards to the Hours of operation. The applicant would suggest to the Hearing Examiner that the hours of operation be adjusted to 8am to 5PM. With regards to the Agricultrual-3 zoning. This project was submitted under this existing zone. Ord. 2005-35, which the project is vested to, created the new Performance Based Cluster Platting Code KCC 16.09. Under this code density bonus and clustering was allowed as long as certain criteria was met. This proposal is consistent with and meets the intent of this KCC 16.09 that was adopted pursuant to Ordinance 2005-35. 3. WA Dept. of Ecology standard letter. Shorelines/Environmental Assistance Water resources Water Quality �� 3 P06cgb Response: The applications was reviewed by County staff for Critical Areas please see staff report. The applicant has been conditioned on the Notice of Action (MDNS) with regards to water resources and that the applicant is subject to the rules and regulations of WA Dept. of Ecology. This MDNS was also not appealed. 4. Dr. Bridgeman Issue: Impairment of Existing Water Response: The applicant has been conditioned on the Notice of Action (MDNS) with regards to water resources and that the applicant is subject to the rules and regulations of WA Dept. of Ecology. This MDNS was also not appealed. OCUMENT TITLE: Easement Agreement GRANTOR: ames K Schuler GRANTEE: owler Creek Trust BREVIATED LEGAL ESCRIPTION: SSESSOR'S TAX PARCEL O S , 20-taz7040.0014, zalanoao-0012 & 20-14-27040-0013 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (the "Agreement") is made as of L —19 200 by and between JAMES K. SCHULER, a Private Landowner, and FOWLER CREEK TRUST, , based upon the following: RECITALS WHEREAS, JAMES K. SCHULER is the owner of that certain real property situate in Kittitas County, Washington, and more particularly described in attached Exhibit A ; and WHEREAS, FOWLER CREEK TRUST, is the owner of that certain real property, situate in Kittitas County, Washington commonly known as "The Property", and more particularly described in attached Exhibit B (the "FOWLER CREEK TRUST); and WHEREAS, in connection with its development of the FOWLER CREEK TRUST, desires to construct or cause to be constructed or located on the JAMES K. SCHULER Property the following: Roads construction per Marion Performance Based Cluster Plat Approval by Kittitas County, all utilities including sewer, water and power to serve all lots, herein referred to as the "Improvements'; and WHEREAS, JAMES K. SCHULER and FOWLER CREEK TRUST, want to provide for an easement for the construction and maintenance of the Improvements, and more particularly described in attached Exhibit C AGREEMENT NOW THEREFORE, in consideration of the recitals, grants and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Grant. JAMES K. SCHULER grants to FOWLER CREEK TRUST a perpetual, non- exclusive easement ('Basement") for the Improvements on, over, in and under that portion of the JAMES K. SCHULER Property described in attached Exhibit A . The foregoing Easement is for the benefit of and is appurtenant to the JAMES K SCHULER and FOWLER CREEK TRUST Properties. 6N X06 -D�7 2. Construction; Maintenance Costs. The owners of the FOWLER CREEK TRUST Property shall bear all their proportionate share of the cost of the construction of the Improvements and the maintenance of the Improvements and the Easement. In the event that the JAMES K SCHULER & FOWLER CREEK TRUST Property is subdivided, the each new lot created thereby shall bear its proportionate share of original Property's obligation based upon the ratio of the area of the new lot to the area of the original Property. 3. Construction Timing: The owners of the FOWLER CREEK TRUST, Property shall complete the Improvements within three years of the recording of this document. 4. Indemnification. The owner of the FOWLER CREEK TRUST Property shall defend, indemnify and hold harmless the owner of the JAMES K. SCHULER Property and its successors and assigns from and against any and all claims, losses, liabilities and expenses (including attorneys' fees and court costs) incurred by or asserted against it or its successors and assigns as a result of any negligent or wrongful acts or maintenance and repair of the Easement or the Improvements thereon by FOWLER CREEK TRUST, or its employees, contractors, agents, tenants, contractors, successors or assigns. This indemnity shall run with the land and shall inure to the benefit of the owner of the JAMES K. SCHULER Property. 5. Severability. The invalidation by any court of any reservation, covenant, restriction, limitation or agreement herein contained shall in no way affect any of the other provisions hereof and the same shall remain in full force and effect. 6. Conflicts. To the extent this Agreement modifies any prior documents of record affecting the JAMES K. SCHULER Property or the FOWLER CREEK TRUST Property, this Agreement shall control. 7. Runs With the Land. This Agreement constitutes a covenant running with the land and/or an equitable servitude, and shall be binding upon and inure to the benefit of the respective owners, and their successors and assigns. 8. Attorneys' Fees. If any party brings a legal proceeding to enforce or obtain a declaration of its rights under this Agreement the prevailing parting in such legal proceeding shall be entitled to recover its reasonable attorneys' fees and costs from the nonprevailing party, whether incurred in mediation or arbitration, at trial or on appeal, or in any bankruptcy proceeding. GRANTOR: JAMF�S/fC. SC [ LE y„ a (�jVf GRANTEE: • . iiM �� /i .rte PARCEL A THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 20 NORTH, RANGE 14 EAST, W.M., KITTITAS COUNTY, STATE OF WASHINGTON, AS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE 1883.67 FEET, NORTH 1°28'20" WEST TO THE TRUE POINT OF BEGINNING; THENCE 356.84 FEET, SOUTH 73°38'58" EAST; THENCE 135.30 FEET, SOUTH 26°13'2" WEST; THENCE 270.91 FEET, SOUTH 1028'20" EAST; THENCE 276.85 FEET, SOUTH 88014'4" WEST; THENCE 501.35 FEET, NORTH 1028'20" WEST TO THE TRUE POINT OF BEGINNING WITH DESCRIBED PARCEL CONTAINING 3.00 ACRES. PARCEL B THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 20 NORTH, RANGE 14 EAST, W.M., KITTITAS COUNTY, STATE OF WASHINGTON, AS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE 1382.32 FEET, NORTH 1028'20" WEST TO THE TRUE POINT OF BEGINNING; THENCE 276.85 FEET, NORTH 88°14'4" EAST; THENCE 68.60 FEET, SOUTH 1°28'20" EAST; THENCE 98.00 FEET, NORTH 88°31'40" EAST; THENCE 168.00 FEET, SOUTH 1°28'20" EAST; THENCE 47.02 FEET, SOUTH 83°17'48" EAST; THENCE 48.40 FEET, SOUTH 70°27' EAST; THENCE 64.19 FEET, SOUTH 7504'58" EAST; THENCE 38.62 FEET, SOUTH 67°24'1" EAST; THENCE 408.88 FEET, SOUTH 32°34'34" WEST; THENCE 360.80 FEET, NORTH 51°1'0" WEST; THENCE 787.77 FEET, SOUTH 1028'20" EAST; THENCE 72.28 FEET, NORTH 57°19'24" WEST; THENCE 1145.30 FEET, NORTH 1028'20" WEST TO THE TRUE POINT OF BEGINNING WITH DESCRIBED PARCEL CONTAINING 6.00 ACRES. F--XA 116 1-r i3. Morion Cluster Plat Located in the W 1/2of the SE 1/4 of Section 27, T.20N., R.14E. W Kittitas County, Washington Vicinity MOP TNl1 b r>!If) "ra latu6ci'� _'�Yk =r y OWNS IOl N®llwswml a.E[WILrAMPU suuaRmToabaaes: 4CTR■MULHL SA AlA1G31C Yr LUJ. 1 d KOMIOLWi.4i33V wW 91 PARML LUn§R Q A 9ARIELT000L ?09=13 i$R]QIIAU�rAlbL! © SAa1aSO 1'ARI TaUrwx4■ ro■uxa 4lOOIfA1.IR WAliY SbH !lams K UICIIARL 19 SIO N TIAUtsw lILDRaLAQ7aMCY WwlWl XVTTp LO!•FSTlbeNt )UR IVATMURIATIOTOOIR[T LUN.r (L AQI' Ylewrp NA![b! INOEx LOCATION. AINUMI eewnr[ b4bb �u�'!mae! lIaNRr/A9'lfIw1rleTraC[yY r■ WHIM eAR■■ LRfW.aB\LI■RL � TTfATRebinlaTiY■obrwvntrRw■®Aarpl arfaT9[la.■olRbbawrnLRAlro uwcvAL [QmA■mxrv.RuvarvArnllaaweulau� IfylaR•[ ars ',i O y\\ a N lot \\ ii .ra e w CVNML[KOR)N!!ON pnCNR"AtaOLUM U.U.LLU.LNULUIaLLa. TaVe5kjnWa+5, ITL. ladnanpfowaa4 fr.elfTArT ru■I.nam MTM wOEli! f[OT Spi i AYf aea: Or TYTAi Af>tALQ Alarion Cluster Plat —. :x 1/2 SE 1/4 Sea 27 LION R. 14E; PRELIMINARY PLAT LAYOUT Kittitas County, Washington nnnr EXHIBIT C ACCESS EASEMENT LEGAL DESCRIPTION: ACCESS EASMENT SHALL BE 60 FEET IN WIDTH WITH 30 FEET LYING ON EITHER SIDE OF THE FOLLOWING DESCRIBED LINE: THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 20 NORTH, RANGE 14 EAST, W.M., KITTITAS COUNTY, STATE OF WASHINGTON, AS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE 1883.67 FEET, NORTH 1028'20" WEST TO THE TRUE POINT OF BEGINNING; THENCE 30.00 FEET, SOUTH 73°38'58" EAST; THENCE 805.79 FEET, S 1°28'19" E THENCE 60.53 FEET, N 40027'18" E, 70.00 FEET THENCE 422.69 FEET, S 51°1'0" E TO THE END OF SAID LINE. Page 1 of 2 Date: July 9, 2009 TO: Kittitas County Community Development Services ATTN: Hearing Examiner/County Council RE: Marion Cluster Plat FROM: Roger Olsen & Karen Watland 2130 Nelson Siding Road Cie Elum, WA. 98922 (509)674-3881 In 2006 the Marion Cluster Plat was proposed. There was also a Spring Tree II Cluster plat being proposed on adjacent land. If it is the intent of the developer to also bring Spring Tree II back to life, then it should be considered in conjunction with the Marion Cluster Plat. Spring Tree II was a 6 lot cluster on 9 acres. I suspect that the reason there were two plats proposed rather than one larger proposal has to do with avoiding the installation of a Class A water system. They thought they could use two Class B water systems but today the DOE considers both developments as one development. This proposal has the access road boarding property that I own. I see a 5' "horse trail" alongside the proposed road but no mention was made of the 6' irrigation easement that runs along the western boundary of that property. The two cluster plats were put on hold due to a boundary dispute that has been resolved by a change in the legal description of the property the road is to be located on. That change is not reflected in this application. I believe the 105 bonus density points in this proposal should not have been awarded. The plat application gives points for the following 6 items: 1. 25 bonus points for a Class B well which is required for more than two hook ups by state law and is only allowed for less than 25 people total. How is the county going to make sure that there are not more than 24 people living in the 12 proposed homes? The proposal does not address this problem and neither does the County. Since a Class B well is already required, there should be no bonus points awarded. 2. 25 bonus points for placing 25% of the land into open space in perpetuity. The 4.25 acres of "open" space is planned to be occupied by an outdoor riding arena, an indoor riding arena, pasture land for horses, paddocks for horses and a community septic system. The septic system is the only item that does not already exist as a commercial operation. All of these are intensive uses of the land and hardly qualify as "open space' in any traditional sense of the term "open space'. The plan is to allow residents of the development to add to this intensive use by housing/pasturing their hors s in a open space. y� byy are we giving bonus points for this? c u �S �9CR oSs /�v�I of ecs e, of 54 u !/.¢� j�idlo e. � , WL N-0- 3. 25 bonus points for connectivity between developments. The 60' access roa does not appear to be a part of this cluster plat and no road currently exists. That 60' road appears to be a part of the Spring Tree II plat for which the Marion plat is claiming connectivity bonus points between developments. With two developments the 60' would have been required anyway so no bonus points should have been given for this road. And if there is now only one development, there is no need for connectivity. 4. An active recreation area earns the developer 10 bonus points. The criteria states "Provides for increased opportunity for recreation". In this case there will be a decreased opportunity for recreation. Currently, most of the18 acres are involved in recreation. The plan limits the fv 4- 60d60-6 Page 2 of 2 recreation area to 4.54 acres minus that area set aside for a septic system, Class B well and related setbacks. Bird watching and picnic areas also take up a part of the open space. The trails and riding arenas already exist as a business for the current landowner. There is no "public benefit" in this. 5. Applicant will provide a passive recreation area and earn 10 bonus points. There will be 18 acres for 12 residential homes with 60 automobile trips made per day, horses and horseback riding, many children playing, yelling and screaming, plus dogs and cats running loose "hunting" wild life. Does anyone really believe there will be a bird in the area for "bird watching"? Besides, there is no "public benefit" in this. 6. Wastewater management via a community septic system earned 10 bonus points. I agree that 12 septic systems should not be put on 18 acres of land. But I am also concerned that one septic system being fed by 12 homes may be more of a hazard. Had this land been allowed to develop at rational densities, these 18 acres would have had 3-4 septic systems rather than 12. With 12 homes feeding one system, it only takes one failed septic system to contaminate the ground water in the area and the contamination will likely be much greater. Again, there is no "public benefit" in this. When we bought our 6 acres, we knew the zoning was 3 -acre zoning and expected it to develop at that density. We did not expect that an ordinance would be passed that would allow de facto rezoning to 1.5 acres. What is worse, this can be done in any zone in any part of the county. In 2006 Lannigan Meadows was one of the first, if not the first performance based cluster plats. Last time I was out there only about half of the 14 homes have sold. There has been a lot of flooding in and around this cluster development during the spring snow melt. I've seen flooding very close to well heads and seen water over roadways. This kind of intensive development borders on urban development that requires urban services and should only be allowed where those services exist. They should not be allowed in rural areas. The County does not have the resources and tools in place to adequately protect other rural landowners from damage caused by this kind of urban development in rural areas. Thank you for your attention, Roger Olsen Karen Watland Kittitas County Hearing Examiner July 9, 2009 Marion Performance Based Cluster Preliminary Plat P-06-06 `: Good Evening Mr. Hearing Examiner For the record ............................. You have before you tonight for consideration is the Marion PBCP Preliminary Plat for your consideration. 1 Ef'A Overview of Proposal • The subdivision of a 18.02 acre parcel into 12 lots ranging from o.66 to 1.05acres in size with 4.54 acres designated open space. • Agriculture -3 zoning • Group "B" water system & community on- site septic systems proposed. This application is a request by Chad Bala of Terra Design Works, authorized agent for Fowler Creek Trust, landowners, To develop a Performance Based Cluster Plat from a single 18.08 acre parcel into 12 lots. The lots range in from 0.66 to 1.05 acres in size and with 4.54 acres designated as open space. Community Group B water system and community on-site septic systems proposed. 2 E:f- A Subject property is located south of Nelson Siding Road. Here you can see the location of the subject property. Copy of the plat map showing the 12 lots being served by a private access easement connecting to Nelson Siding Road. 4 FSA Element Points Place 25% of the land, 4.5 acres, in Open Space 25 forperpetuity Develop a Class B Water System 25 Create wider easements than required for mul0- 25 modal transportation Provide a Community Septic System 10 Provide for active recreation via a trail system 10 within the open space. The trails will be for the residents of the development Provide for passive recreation via development 10 within a location on the trail system for picnicking, which will include territorial views for bird watching and other sightseeing aeth ities within the wooded area w ithin the open space. These facilities will be for the residents of the development. 105 Total Points Lots allowed under current zoning= 18.02 acres/3 acres = 6 (approximate lots allowed under current zoning) Number of lots allowed with density bonus of 100% = 6 (lots allowed under current zoning) + 6 (lots for 100% density bonus) = 12 lots (total for Performance Based Cluster Plat) Public Benefit Cluster Plat Rating System criteria. 5 &K`h The subject property is Zoned AG -3. fix. An administrative critical areas review was done in compliance with KCC 17A. There is a small area of step slopes and a small wetland identified on the site but no other critical areas were identified. The area is served by the KRD irrigation district. 8 5-A Air photo of the area. 9 Lfi-A Cie Elum Roslyn School District Fire District #7 The property is located within the Cle Elum School District. It is located in Fire District # 7. 7 Notices • Application received February 6, 2oo6 • Notice of Application was issued and published on February 22, 20o6. • Comments were received from Dept. of Ecology, County Environmental Health & Public Works. • SEPA MDNS issued March 22, 2oo6. In review: The application was submitted on February 6, 2006. The notice of application was published and issued on February 22, 2006. Comments were received from the Dept. of Ecology, Kittitas County Environmental Health & Public. CDS issued an MDNS on March 22, 2006, no appeals were filed. 10 lam'" Marion Performance Based 12 lot Cluster Plat File Index Ordinance No. 2005-35; pg. 1..............................................................................121 Ordinance No. 2005-35; pg. 2..............................................................................120 Ordinance No. 2005-35; pg. 3..............................................................................119 Ordinance No. 2005-35 KCC Chapter 16.09 attachment ....................................118 Ordinance No. 2005-35 KCC Chapter 16.09 attachment ....................................117 Ordinance No. 2005-35 KCC Chapter 16.09 attachment ....................................116 Ordinance No. 2005-35 KCC Chapter 16.09 attachment....................................115 Ordinance No. 2005-35 KCC Chapter 16.09 attachment....................................114 Ordinance No. 2005-35 KCC Chapter 16.09 attachment ....................................113 Ordinance No. 2005-35 KCC Chapter 17 attachment .........................................112 Ordinance No. 2005-35 KCC Chapter 17 attachment.........................................1 i l Ordinance No. 2005-35 KCC Chapter 17 attachment.........................................110 Ordinance No. 2005-35 KCC Chapter 17 attachment.........................................109 Ordinance No. 2005-35 KCC Chapter 17 attachment .........................................108 Ordinance No. 2005-35 KCC Chapter 17 attachment .........................................107 Ordinance No. 2005-35 KCC Chapter 17 attachment.........................................106 Ordinance No. 2005-35 KCC Chapter 17 attachment .........................................105 Transportation Impact Analysis...........................................................................104 Transportation Impact Analysis...........................................................................103 Transportation Impact Analysis...........................................................................102 Transportation Impact Analysis...........................................................................101 Transportation Impact Analysis...........................................................................100 Transportation Impact Analysis.............................................................................99 Transportation Impact Analysis.............................................................................98 Transportation Impact Analysis.............................................................................97 Transportation Impact Analysis.............................................................................96 Transportation Impact Analysis.............................................................................95 Transportation Impact Analysis.............................................................................94 Transportation Impact Analysis.............................................................................93 Transportation Impact Analysis.............................................................................92 Transportation Impact Analysis.............................................................................91 Transportation Impact Analysis.............................................................................90 Transportation Impact Analysis.............................................................................89 Transportation Impact Analysis.............................................................................87 Transportation hnpact Analysis.............................................................................86 Transportation Impact Analysis.............................................................................85 Transportation Impact Analysis.............................................................................84 Transportation Impact Analysis.............................................................................83 Transportation Impact Analysis.............................................................................82 Transportation Impact Analysis.............................................................................81 Transportation hnpact Analysis.............................................................................80 Letter from Terra Design Group, continuation of project to be on hold Date1-15-09..........................................................................................................79 Letter from Terra Design Group dated 8-25-08, requesting KCCDS requesting all of our projects go before the Hearing Examiner..............................................78 Velikanhe Halverson Final Judgment boundary line dispute Resolution, date 10-26-07,pg 1 Cover Page.........................................................77 Velikanhe Halverson Final Judgment boundary line dispute Resolution, date 10-26-07,pg 2, Final Judment and revised leg. Descriptions...........................................................................................................76 Velikanhe Halverson Final Judgment boundary line dispute Resolution, date 10-26-07, pg 3, Final Judment -1 cover page ............................75 Velikanhe Halverson Final Judgment boundary line dispute Resolution, date 10-26-07, pg 4, Final Judment-2..............................................74 Velikanhe Halverson Final Judgment boundary line dispute Resolution, date 10-26-07, pg 5, Final Judment -3 ..............................................73 Velikanhe Halverson Final Judgment boundary line dispute Resolution, date 10-26-07, pg 6, Leg. Description Tract C ..................................72 Velikanhe Halverson Final Judgment boundary line dispute Resolution, date 10-26-07, pg 7, Leg. Description Tract D ..................................71 Velikanhe Halverson Final Judgment boundary line dispute Resolution, date 10-26-07, pg 8, Leg. Description Tract A ..................................70 Velikanhe Halverson Final Judgment boundary line dispute Resolution, date 10-26-07,pg 9, Leg. Description Tract B ...................................69 Velikanhe Halverson Final Judgment boundary line dispute Resolution, date 10-26-07, pg 10, Leg. Description revised parcel 1 ...................68 Velikanhe Halverson Final Judgment boundary line dispute Resolution, date 10-26-07 pg 11, Leg. Description revised lot 3 .........................67 Velikanhe Halverson Final Judgment boundary line dispute Resolution, date 10-26-07, pg 12, Leg. Description revised lot 2 ........................66 Velikanhe Halverson Final Judgment boundary line dispute Resolution, date 10-26-07 pg 13, Leg. Description revised lot 4 .........................65 Velikanhe Halverson Final Judgment boundary line dispute Resolution, date 10-26-07, pg 14, Judge signature page......................................64 Velikanhe Halverson Final Judgment boundary line dispute Resolution, date 10-26-07, pg 15, parcel map.....................................................63 Velikanhe Halverson Final Judgment boundary line dispute Resolution, date 10-26-07, pg 16, Leg. Description revised lot 1 ........................62 Notice of Hearing Change (re-notice)....................................................................61 SEPA Notice of Action Cover Page......................................................................60 SEPA Notice of Action publishing and hearing date.............................................59 SEPA Notice of Action Mitigated Determination of Nonsignificance ..................58 SEPA Notice of Action, Mitigated Determination of Nonsignificance, Signaturepage........................................................................................................57 SEPA Notice of Action KC Dept. of Public Works requirements dated3-21-06, pg. 1..............................................................................................56 SEPA Notice of Action KC Dept. of Public Works requirements dated3-21-06, pg. 2..............................................................................................55 SEPA Notice of Action KC Dept. of Public Works requirements 2 dated3-21-06, pg. 3..............................................................................................54 SEPA Notice of Action KC Dept. of Public Works requirements dated3-21-06, pg. 4..............................................................................................53 SEPA Notice of Action KC Dept. of Public Works requirements dated3-21-06, pg. 5..............................................................................................52 Letter from Terra Design Group, continuation of project to be on hold due to settling boundary lot line dispute with adjacent landowner Date6-10-08..........................................................................................................51 Letter from Terra Design Group, continuation of project to be on hold Date11-5-07..........................................................................................................50 Letter from the Bridgeman's dated 3-22-06 pg. 1 .................................................49 Letter from the Bridgeman's dated 3-22-06 pg. 2 parcel map...............................48 Letter From DOE, RE: Shorelands/Env. Assistance, Water Resources, & Water Quality dated 3-10-6Page 1.........................................................................47 Letter From DOE, RE: Shorelands/Env. Assistance, Water Resources, & Water Quality dated 3-10-06Page 2......................................................................46 Letter from the McFadens dated 3-9-06................................................................45 Letter from Kittitas County Public Health Department dated 2-14-06, pg. 1........44 Letter from Kittitas County Public Health Department dated 2-14-06, pg. 2........43 Noticeof Application............................................................................................42 Notice of Application Publishing page..................................................................41 Notice of Application Long Plat Application Question 1 through Question 7......40 Notice of Application Long Plat Application Question 8 ......................................39 Notice of Application Long Plat Application Question 8 continued.....................38 Notice of Application Long Plat Application Question 9 through Signatures ......37 Notice of Application SEPA Environmental Checklist Beginning page...............36 Notice of Application SEPA, Question A 5. through Environmental Element1. Earth g.................................................................................................35 Notice of Application SEPA, Question B Environmental Elements 1. Earth h. through3. Water a. 3.............................................................................................34 Notice of Application SEPA, Question B Environmental Elements 3. Water a. 4) through c. 2)..................................................................................................33 Notice of Application SEPA, Question B Environmental Elements 3 Water d. through. 5. Animals d.............................................................................................32 Notice of Application SEPA, Question B Environmental Elements 5 Animals through 7. Environmental Health b. 1...................................................................31 Notice of Application SEPA, Question B Environmental Elements 7 Environmental Health 2) through 8. Land and Shoreline Use h ............................30 Notice of Application SEPA, Question B Environmental Elements 8 Land and Shoreline Use i. through 9. Housing.............................................................29 Notice of Application SEPA, Question B Environmental Elements 10. Aesthetics through Question 12 Recreation..........................................................28 Notice of Application SEPA, Question B Environmental Elements 13 Historic & Cultural Preservation. Through Question 14. Transportation e..........27 Notice of Application Last page of SEPA Application and signature page ..........26 Marion Cluster Plat Preliminary Plat Layout drawing..........................................25 3 Approved Boundary Lot Line Adjustment Application........................................24 Long Plat Application cover page with CDS stamp and receipt ...........................23 Long Plat Application Question 1 through Question 7 ..........................................22 Long Plat Application Question 8..........................................................................21 Long Plat Application Question 8 continued.........................................................20 Long Plat Application Question 9 through Signatures..........................................19 SEPA Environmental Checklist Beginning page...................................................18 SEPA, Question A 5. through Environmental Element 1. g .................................17 SEPA, Question B Environmental Elements 1. Earth h. through 3. Water a. 3)...16 SEPA, Question B Environmental Elements 3. a. 4) through c. 2) .......................15 SEPA, Question B Environmental Elements 3 Water d. through. 5. Animals d...14 SEPA, Question B Environmental Elements 5 Animals through 7. Environmental Health b. 1....................................................................................13 SEPA, Question B Environmental Elements 7 Environmental Health 2) through 8. Land and Shoreline Use h....................................................................12 SEPA, Question B Environmental Elements 8 Land and Shoreline Use i. through9. Housing..............................................................................................11 SEPA, Question B Environmental Elements 10. Aesthetics through Question 12 Recreation........................................................................................................10 SEPA, Question B Environmental Elements 13 Historic & Cultural Preservation. through Question 14. Transportation e .............................................9 Signaturepage of SEPA...........................................................................................8 Listof Exhibits page................................................................................................7 Exhibit A Marion Preliminary Plat Map of Proposal ..............................................6 Exhibit A continued KCC 16.12.020 Preliminary Plat general information ........... 5 Exhibit B Legal Description....................................................................................4 Exhibit C Ad joiners List.........................................................................................3 Exhibit D Kittitas County Received Date Stamped boundary line adjustmentapplication............................................................................................2 ExhibitE Soils map.................................................................................................1 11 BOARD OF COUNTY COMMISSIONERS COUNTY OF HITTITAS STATE OF WASHINGTON ORDINANCE NO. 2005 - 35 AMENDMENT TO TITLE 16 KITTITAS COUNTY SUBDIVISION CODE AND TITLE 17 HITTITAS COUNTY ZONING CODE WITH PROVISIONS FOR PERFORMANCE BASED CLUSTER PLATTING Whereas, this ordinance, adopting the Performance Based Cluster Plat for inclusion in the Subdivision Code for Kittitas County, with amendment to the Zoning Code for Kittitas County, contains three different sections of findings, as follows: Section I - Procedural Findings Section II - Board of County Commissioners Findings Section III - Final Decision and Signatures SECTION I PROCEDURAL FINDINGS Whereas, The Kittitas County Planning Commission held numerous public hearings on the Subdivision Code, Title 16, and cluster subdivisions Chapter 17.65 of the Kittitas County Zoning Code, beginning in March of 2003 and continuing through May of 2005; Whereas, The Board of County Commissioners received transmittal of the Planning Commission recommendation to approve the Subdivision Code, Title 16, and cluster subdivisions, Chapter 17.65 of Title 17, of the Kittitas County Zoning Code and held a public hearing on June 21, 2005 where public testimony was accepted from those persons wishing to be heard; and Whereas, The Board of County Commissioners continued the June 21, 2005 hearing to July 5, 2005, at which time they remanded, by resolution, what was then known as the Environmental Conservation Cluster Plat back to the Planning Commission for inclusion of a public benefit rating system for the calculation of increased density to be applied to plat proposals under what would be known as performance based cluster plats; and Performance Based Cluster Plat Ordinance 2005- 35 Page 1 0301 L Whereas, The Board of County Commissioners finds that appropriate notice was given on August 25 and September 1, 2005 in the Daily Record, county newspaper of record, and the Northern Kittitas County Tribune that the Planning Commission conduct a public hearing on the public benefit rating system on September 19, 2005, and Whereas, The Planning Commission conducted a public hearing on the public benefit rating system on September 19, 2005, and public testimony was accepted from those persons wishing to be heard and the Planning Commission made formal recommendations and entered findings of fact to support the recommendation; and Whereas, The Board of County Commissioners received the Planning Commission transmittal with a recommendation to approve the public benefit rating system for inclusion into the performance based cluster plat amendment to Title 16 and Title 17 of the Kittitas County Code on October 4, 2005. Appropriate notice was given on September 22 and September 29, 2005 in the Daily Record, county newspaper of record, and the Northern Kittitas County Tribune and a public hearing was conducted and continued to October 18, 2005 and November I for additional public hearings; and SECTION 11 BOARD OF COUNTY COMMISSIONERS FINDINGS Whereas, The subdivision code, along with the zoning code, are two of the most referred to land use regulations in day-to-day planning activities. Since adoption of the original codes, a variety of amendments have been incorporated to reflect needed changes; and Whereas, It is the intent of this amendment of the Kittitas County Code Chapter 16 and Chapter 17, to update the code to include an innovative tool for inclusion of public benefits at the same time giving landowners the ability of to create platted lots at increased densities to address the demand for housing options as encouraged by the Growth Management Act (RCW 36.70A); and Whereas, The policy of the subdivision code and the performance based cluster plat is that regardless of how a lot is created, the development of that lot shall be done in a thorough manner with public notice and with appropriate review including, but not limited to, critical areas, road and access requirements, on-site sewage and potable water availability; and Whereas, The subdivision code is appropriate for inclusion of the performance based cluster plat provisions and the zoning code is appropriate for detail of uses applicable to the public benefit rating system categories of passive, active and formal Performance Based Cluster Plat Ordinance 2005- 35 Page 2 u012U recreation; and SECTION III FINAL DECISION AND SIGNATURES Whereas, On November 11 2005, the Kittitas County Board of Commissioners reviewed and signed the prepared ordinance; and NOW, BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby approves the adoption of the performance based cluster plat into the Subdivision Code, Title 16 and the Zoning Code, Title 17 of the Kittitas County Code, with repeal of Zoning Code section 17.65, cluster subdivision, as attached hereto and incorporated by reference. ADOPTED this I day of c k, , 2005, at Ellensburg, Washington. �%` C, MMISgQa,,�' o, Z ;K't �7vxj...1�Ig- ATTEST: '0 2 �, S �" _ ? ATTEST: r''�ilo P`' ���• OOUMN '•.II/1U••� n pill ply Clerk of the Board APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Chairman B. Bowen, Vice -Chairman Alan Crankovich, Commissioner Performance Based Cluster Plat Ordinance 2005- 35 Page 3 030119 KCC Chapter 16.09 PERFORMANCE BASED CLUSTER PLATTING 16.09.010 Purpose and Intent 16.09.020 Uses Permitted 16.09.030 Criteria 16.09.040 Development Regulations 16.09.060 Minimum Lot Size 16.09.080 Process for Approval 16.09.090 Public Benefit Rating System 16.09.100 Definitions KCC 16.09.010 Purpose and intent. With the recognition of the value of retention of rural densities in rural lands, while protecting our critical areas, water resources and resource lands, and recognition that urban densities belong in urban designated lands, Kittitas County also recognizes the need for innovative planning tools to achieve these goals. Encouraged by the Growth Management Act (GMA), Kittitas County may provide for clustering, planned unit developments, density transfer, design guidelines, conservation easements and other innovative techniques that will accommodate appropriate rural and urban densities and uses at levels that are consistent with the preservation of rural character and that provide a public benefit. To assist in the implementation of Kittitas County's policy to provide tools to foster appropriate densities, while making development economically feasible, benefits to the greater community through an effort to conserve water resources by minimizing the development of exempt wells by encouraging group water systems, to protect public health by reducing the number of septic drain fields, by concentrating urban densities in urban growth areas and by minimizing the impact of "Rural Sprawl" in rural lands, as designated in the Kittitas County Comprehensive Plan, Kittitas County finds that this "Performance Based Cluster Platting" technique would foster the development of urban and rural designated lands at appropriate densities, while protecting the environment and maintaining a high quality of life in Kittitas County . 16.09.020 Uses permitted. The permitted uses of the clustered area shall be those of the underlying zone. Those uses specifically identified for the recreation categories in KCC 16.09.090 can be found in KCC 17.14 performance based cluster plat uses. Other uses not specifically identified may apply if determined a similar use as provided in Title 15A. 16.09.030 Criteria. Public Benefit Rating System (PBRS) elements are items that are not already required by code. When a public benefit is demonstrated then bonus density points will apply. An element that may have a high value in an urban designation may have a very low value in a rural designation. It is necessary, therefore, to have a separate set of criteria and outcomes depending on the land use designation. The density bonus is limited to use in the rural designations with a 100% bonus in the Rural -3, Agriculture -3, Rural -5 and Agriculture - 5 zones and 200% in the Agriculture 20 and the Forest and Range 20 zones. There is no limit to density bonus within the Urban Growth Areas and the Urban Growth Nodes. A minimum of twenty five percent (25%) of the area within the project boundary must be set aside in open space prior to application of the Public Benefit Rating System contained in KCC 16.09.090 of this chapter. 050113 The following minimums for open space allocation and minimum acreage for application for performance based cluster plat (PBCP) application by zone shall apply: Minimum open space acreage Rural 3 and Ag 3 Zones. 4 acres 16.09.040 Development regulations, Rural 5 and Ag 5 Zones. 5 acres Agriculture 20 and Forest and Range 20. 10 acres A. Applicability. This chapter applies to all tax parcels or combination of tax parcels from the date of the ordinance codified in this chapter, located in the Residential, Residential 2, Suburban, Suburban 2, Agriculture -3, Agriculture 5, Agriculture -20, Rural -3, Rural 5 and Forest and Range 20 zoning districts. Roads. Title 12 Road Standards of this code shall apply to Performance Based Cluster Platting. B. Phasing. Phasing shall be permitted without bonding requirements for future phases. Extension to final plat approval may be requested by the applicant in no more than three, three-year increments, pursuant to RCW 58.17.140. Final plat approval must be given within five years of the date of preliminary plat approval. C. Notification Requirement. If appropriate, all Performance Based Cluster Platting conveyance instruments shall contain the following notice: The subject property is within or near existing agricultural or other natural resource areas on which a variety of activities may occur that are not compatible with residential development for certain periods of varying duration. Agricultural or other natural resource activities performed in accordance with county, state and federal laws are not subject to legal action as public nuisances. Kittitas County has adopted right to farm provisions contained in the Section 17.74 of the Kittitas County Zoning Code. D. Compliance with County Development Regulations. Unless otherwise specified by this chapter, all development activities authorized through this chapter shall comply with all existing, applicable county development regulations, including but not limited to: subdivision ordinance, zoning code, shoreline master program, road standards, critical areas, and floodplain development ordinance. In addition, Performance Based Cluster Platting shall not be used prospectively in conjunction with the Kittitas County planned unit development ordinance (Chapter 17.36 of this code). E. Applications. Applications for Performance Based Cluster Platting shall be evaluated for the possible impacts to adjacent agricultural uses. Residential parcel densities allowed in rural areas can have a significant impact on agricultural, forestry and mineral resource uses. Conditions may be placed on development proposals through the normal Kittitas County permitting authority, which protect agricultural lands from possible impacts related to incompatible land uses. All applications shall be referred to the planning commission for review. F. Irrigation. If the land is served with irrigation water, a preliminary irrigation plan is required with application. G. Farmstead. The farmstead, including the pre-existing residential and associated out buildings within the project boundary, will not be required to become part of a cluster of residences. G301 17 H. Location, Clustered lots shall be located within the project boundary in a manner that best recognizes the integrity of the public benefits identified in the cluster plat, including but not limited to, the location of the natural resource lands, critical areas as identified in K.C.C. 17.A, purpose of open space, etc. I. Agriculture -20. The ability to create one lot less than twenty acres in size in the Agriculture - 20 zoning district shall not be used in addition to or cumulatively with Performance Based Cluster Platting. (Ord. 96-6 (part), 1996). 16.09.060 Minimum lot size: The size of the lots to be developed shall meet the minimum WA ST Department of Health requirements. 16.09.080 Process for approval. A. Submit preliminary Performance Based Cluster Plat map in conformance with requirements in K.C.0 Title 16.12 Preliminary Plats and Title 12 Road Standards. Submit SEPA checklist in conformance with K.C.C. 15.04 SEPA Regulations, as required for a plat application. B. Submit critical areas application consistent with K.C.C. Title 17A.C. C. Performance Based Cluster Plats are to be processed as plats and are subject to a public hearing before the Planning Commission as provided for in K.C.C. Title 15A. Project Permit Application Process. D. Final Performance Based Cluster Plat approval must be in conformance with K.C.C. Title 16.20 Final Plats. E. Final plats meeting all requirements of this chapter shall be submitted to the Board of County Commissioners for approval within five years of the date of preliminary approval as required by RCW 58.17.140. An applicant who files a written request with the County at least thirty days before the expiration of this five year period shall be granted an extension of no more than four years for a total of nine years upon a showing that the applicant has attempted in good faith to submit the final plat within the initial five year period. ..................................................................................... 16.09.090 Public benefit rating system — Points accrued from each element will be calculated in a cumulative manner and applied as a total in accordance with the public benefit rating system chart below. This total shall be converted to a percentile on a one to one basis (ex. 80 points equals 80% bonus density) and multiplied against the underlying zone minimum lot size based density. Where more than one zone exists within a cluster plat boundary, the overall percentile shall be applied against the number of whole lots calculated within the individual zone acreage and within the overall limit for the zone per 16.09.030 of this code. Example: An application for an 80 acre cluster plat where 65 acres are zoned Forest and Range 20 and 15 acres are zoned Rural 3. Total cumulative points for entire plat earned = 150. Converted to 150%. Rural 3 zone density bonus limit = 100% Forest and Range 20 zone density bonus limit = 200%. Calculations: 1.) 15 acres divided by 3 acre min. lot size = 5 whole lots.* 5 lots times 100% max. (within the 150% earned) for Rural 3 = 10 lots. v f�IIEJ 2.) 65 acres divided by 20 acre min. lot size = 3 whole lots. 3.) 3 lots times 150% earned (within the 200% max. allowed for Forest and Range) = 7 whole lots. 4.) Total lots allowed for cluster plat = 17. A potential of up to 5 clusters (minimum 3 lots or building envelopes each) may be located where most appropriate within the 80 acre project boundary regardless of the zone in which each is placed. " Whole lots are based on the minimum lot size for the zone and fractions thereof will not be rounded up to constitute a whole lot. PUBLIC BENEFIT RATINGS SYSTEM CHART Element Urban Rural Comments Points Points Transportation I Roadway Right of Way width 25 10 Urban levels of activity willne— ed to exceeding County Road Standards consider future needs as growth and by >20% to Accommodate Future population increase. There will be Growth and Multi -Modal more opportunity for Multi -modal Transportation Needs. transportation options in the urban environment. Incorporate appropriate easements 25 25 Establishment and facilitation of and rights of way to allow for connectivity between developments connectivity between developments for all modes of transportation will Fnr motorized, non -motorized and allow for efficient and orderly road ;destdan travel. Facilitates grid development. system transportation network. Provide for multi -modal access to 25 25 Access to public recreation lands has publicly owned recreational lands. diminished as a result of increased Preserve Historic Access to development. Incentives to preserve recreation areas. this access are vital to the public interest. Develop Design Standards for 20 0 Urban streetscapes are an important streetscape. i.e. separated element to the character of an urban sidewalks, street lighting, community. As density in these landscaping. urban areas increases, it is important to provide elements in street design that are effective in reducing the effects of hardscape and that are visual) leasin . Open Space Place minimum of 50% of site in 20 20 25 year period is sufficient to justify open space for 25 yrs. the development of passive uses. Allows for redevelopment in urban areas after 25 years. "lace 25% to 80% of site in open 10 25 to 80 Significant long term benefit in rural , ace for perpetuity, dependent areas. Minimizes options for on % set redevelopment in urban areas. aside. 00114 Points A doubling of density bonus value up directly to a maximum value of 100 points related to shall occur when lands placed in p set aside perpetuity for open space are lands percentage which have been in the same historic ie: 25% = use, i.e. including but not limited to 25 points.* active farming, forestry or ranching, See habitat etc., for at least 25 years at date of connectivity application. for additional Continuation of the historic use must points be identified through a conservation associated easement or other suitable with this instrument. category. Create urban redevelopment areas 35 0 Allows for redevelopment in urban using open space areas not currently served by urban services. Wildlife Habitat Connectivity of Wildlife Corridors 0 15 if done Development of open space is most in effective if done with adjacent open conjunction space lands in mind. Development with open of wildlife corridors provides space in maximum benefit from open space perpetuity. creation. Wetland and riparian areas 10 10 Provides for replacement of historic setbacks, wetland, riparian areas and loss of wetlands, habitat, riparian and habitat enhancement and creation aquifer recharge areas. beyond requirements of CAO. Health and Safety Connection to municipal water 50 0 Use of urban services. system. Connection to Group A waters stem. 50 50 Minimize need for individual wells. Connection to Group B water system. 0 25 Minimizes need for individual wells. Not consistent with urban levels of development. Connection to Sewage Disposal 50 0 Use of urban services. System Community septic system. 0 10 Minimizes individual drain fields and ensures maintenance of system Reclaimed water system. 50 50 Reduces use of domestic water supplies for irrigation and stream flows. )creation — For specific uses see KCC 17.14. Development of passive recreational I 10/20` 10/20* Provides limited recreational use. facilities: ie: bird watching, picnic higher higher 00114 areas: -public number T available for general use. number if available for general public use. 1,velopment of active recreational 10/35* 10/35* Provides for increased opportunity facilities ie: trails, ball fields, tennis higher higher for recreation. courts, outdoor riding arenas. number if number if available available for general for general public use. public use. Development of formal recreation 10/50* 10/50* Provides for increased opportunity facilities. ie: pool, clubhouse, golf higher higher for recreation. course, indoor riding arenas. number if number if available available for general for general public use.public use. 16.09. 100 Definitions A. Cluster. A "cluster" consists of three or more buildable contiguous lots or building envelopes within the cluster boundary. Individual clusters need not be contiguous but must be within the project boundary. B. "Density bonus" is that percentage of increase over the underlying zoning in the number of residential lots based on the total acres of the proposal. C. Open space. For purposes of this chapter, "open space" shall mean land used for outdoor active, passive and formal recreational purposes, land used for resource protection (including related structures such as barns on agriculturally productive land), land which is a common area for use by the public and/or residents of a cluster development, which is reserved for parks, walking paths or other natural uses, but not to include critical areas where development would otherwise be restricted, or dwellings or roadways surfaces, or building setbacks required by current codes. In all cases, for purposes of this chapter, open space shall be of a functional nature and incorporate logical boundaries. D. Public Water System. A DOH approved water system that meets the requirements of WAC 246-290 or 246-291, or any water system that meets the definition of "Municipal water supplier" under RCW 90.03.015. E. Sewage Disposal System. A DOH or DOE approved sewage disposal system that meets the requirements of RCW 36.94 or RCW 90.46 or RCW 90.48. F. Parent Parcel. That land made up of one or more contiguous tax parcels that are developed under this section. G. Recreational passive uses shall include, but not be limited to, picnic areas, bird and wildlife viewing areas, pedestrian trails, etc. H. Recreational active uses shall include, but not be limited to, ball fields, tennis courts, wheeled vehicle trails, outdoor riding arenas, etc. I. Recreational formal uses shall include, but not be limited to, swimming pools, clubhouses, golf courses, indoor riding arenas, etc. J. Reserve Development Area is all of the land within the project boundary that is within one mile of an Urban Growth Area and could reasonably be considered for inclusion within an Urban Growth Area during the 20 year planning period. K. The "residual parcel" (also called "the open area") is that land which is remaining after the cluster subdivision lots and internal roads are deducted. U00113 KCC TITLE 17 ZONING Chapters: 17.04 General Provisions and Enforcement 17.08 Definitions 17.12 Zones Designated - Map 17.16 R - Residential Zone 17.18 R-2 - Residential Zone 17.20 S - Suburban Zone 17.22 S -II - Suburban H Zone 17.24 T -C - Trailer Court Zone 17.28 A-3 - Agricultural Zone 17.28A A-5 - Agricultural Zone 17.29 A-20 - Agricultural Zone 17.30 R-3 - Rural -3 Zone 17.30A R-5 - Rural -5 Zone 17.31 Commercial Agriculture Zone 17.32 C -L - Limited Commercial Zone 17.36 Planned Unit Development Zone 17.40 C -G - General Commercial Zone 17.44 C -H - Highway Commercial Zone 17.48 I -L - Light Industrial Zone 17.52 I -G - General Industrial Zone 17.56 Forest and Range Zone 17.57 Commercial Forest Zone 17.58 Airport Zone 17.59 Liberty Historic Zone 17.60 Conditional Uses 17.61 Utilities 17.61A Wind Farm Resource Overlay Zone 17.62 Public Facilities Permit 17.65 Cluster SubdMsion - REPEALED 17.72 Signs 17.74 Right to Farm for Protection of Agricultural Activities 17.80 Nonconforming Uses 17.84 Variances 17.92 Permits 17.96 Board of Adjustment 17.98 Amendments Oil DEFINITIONS Sections: 17.08.010 17.08.020 17.08.030 17.08.040 17.08.050 17.08.060 17.08.070 17.08.100 17.08.105 17.08.110 17.08.120 17.08.130 17.08.140 17.08.150 17.08.155 17.08.160 17.08.170 17.08.1.80 17.08.190 17.08.195 17.08.200 17.08.210 17.08.220 17.08.225 17.08.230 17.08.240 17.08.250 17.08.255 17.08.260 17.08.261 17.08.265 17.08.270 17.08.280 1.7.08.281 17.08.282 17.08.283 17.08.290 KCC CHAPTER 17.08 Generally. Accessory or accessory building. Access road. Airport. Alteration. Amendment. Apartment house. Auto wrecking yard. Bed and breakfast business. Board. Board of adjustment. Building. Building line. Business or commerciaL Campground. Clinic. Commission. Conditional uses. County arterial road. Day care facilities. Dwelling. Dwelling, multiple -family. Dwelling, two-family. Extremely hazardous waste. Family. Family dwelling. Farm. Farm labor shelter. Feedlot. Firing Range Group home. Guest ranch. Hazardous waste. Hazardous waste facility. Hazardous waste storage. Hazardous waste treatment. Home occupation. 000111 17.08.300 Hospital. 17.08.310 Hospital, small animal or veterinary. 17.08.320 Hotel. 17.08.330 Junkyard. 17.08.340 Kennel. 17.08.360 Lot. 17.08.370 Lot line, front. 17.08380 Lot line, rear. 17.08.390 Lot line, side. 17.08.395 Mineral exploration. 17.08.397 Mini warehouse. 17.08.398 Mobile home. 17.08.399 Modular home. 17.08.400 Motel. 17.08.410 Nonconforming use. 17.08.420 Nursing home. 17.08.424 Off-site hazardous waste facilities. 17.08.427 On-site hazardous waste facilities. 17.08.430 Outdoor advertising signs and billboards. 17.08.440 Parking space. 17.08.445 Performance based cluster plat 17.08.450 Planned unit development. 17.08.455 Planning commission or commission. 17.08.460 Public office building. 17.08.470 Rezone. 17.08.480 School, public or parochial. 17.08.510 Structural alteration. 17.08.520 Structure. 17.08.530 Trailer. 17.08.535 Trailer home. 17.08.540 Trailer park, trailer camp, trailer court and mobile home park. 17.08.550 Use. 17.08.560 Variance. 17.08.570 Yard. 17.08.580 Yard depth. 17.08.590 Yard, front. 17.08.600 Yard, rear. 17.08.610 Yard, side. 17.08.010 Generally. Certain terms and words used in this title are defined in the following sections. Words used in the present tense include the future; words in the singular number include the plural number; and words in the plural number include the singular number; the word "building" includes the word "structure," and the word "shall' is mandatory and not directory. (Res. 83-10, 1983). 17.08.130 Building. 'Building" means a structure having roof supported by columns or walls for the shelter, support or enclosure of persons, animals or chattels. (Res. 83-10, 1983). 17.08.140 Building line. 'Building line" means a line established at a minimum distance a building may be located from any property line as determined by the standards of this title. (Res. 83-10,1983). 17.08.150 Business or commercial. "Business" or "commercial" means the occupation or employment of buying, selling, bartering and exchange of goods, wares and merchandise or other personal property or real property or any interests therein for profit or livelihood and also ownership or management of office buildings, offices and recreational or amusement enterprises. (Res. 83-10,1983). 17.08.155 Campground. "Campground" means a business or an organization providing camping facilities for overnight camping and/or parking of motor homes, travel trailers and recreational vehicles, where campers typically stay for one to fourteen days. The purpose of a campground use shall relate primarily to vacation, recreation and similar pursuits, and is not a place of permanent residence for the campers. A single-family residence may be allowed for the owner or caretaker. Very limited service commercial activities may be allowed which are intended for campers of the campground and must be approved as part of a conditional use permit. (Ord. 93-21 (part), 1993). 17.08.160 Clinic. "Clinic" means any building or portion of any building containing offices for providing medical, dental or psychiatric services for outpatients only. (Res. 83-10, 1983). SIN SS]T.t!TR�R_ IN �• 17.08.170 Commission. "Commission" means the planning commission of Kittitas County. (Res. 83-10, 1983). 17.08.180 Conditional uses. For the definition of "conditional uses" see "uses, conditional." (Res. 83-10,1983). 17.08.190 County arterial road. "County arterial road" means any county road designated by resolution at any time as a county arterial road by the board of county commissioners. (Res. 83- 10,1983). 17.08.195 Day care facilities. "Day care facilities" means any home or building used for the daily care and supervision of children under age 10 in a residential setting. Such facilities shall not include or be interpreted to include regular overnight lodging or centers for the care or treatment of patients, those in rehabilitation or court assigned delinquents, criminals, or other sentencing categories. (Ord. 90-15 § 1, 1990). _000109 least eight hundred ninety-six square feet of enclosed living area. A modular home shall be considered a "dwelling" or "single-family home," and subject to all restrictions of a "dwelling" or "single-family home." A "mobile home" built to Uniform Building Code standards shall be considered the same as a modular home. (Ord. 93-21 (part), 1993). 17.08.400 Motel. "Motel' means an individual building or group of attached or detached buildings containing guest rooms, together with conveniently located parking space on the same lot, which are designed, used or intended to be used for the accommodation of automobile transients. The term includes auto courts, motor lodges and tourist courts. (Res. 83-10, 1983). 17.08.410 Nonconforming use. For the definition of "nonconforming use" see Section <D<1345>> 17.08.550. (Res. 83-10,1983). 17.08.420 Nursing home. "Nursing home" means a home, place or institution which operates or maintains facilities providing convalescence or chronic care or both for a period in excess of twenty-four consecutive hours for three or more patients not related by blood or marriage to the operator, who by reason of illness or infirmity are unable properly to care for themselves, and is licensed by the State Department of Health as a nursing home. (Res. 83-10, 1983). 17.08.424 Off-site hazardous waste facilities. "Off-site hazardous waste facilities" means hazardous waste treatment and storage facilities that treat and store waste from generators on properties other than those on which the off-site facilities are located. (Ord. 93-1 (part), 1993). 17.08.427 On-site hazardous waste facilities. "On-site hazardous waste facilities" means hazardous waste treatment and storage facilities that treat and store waste from generators located on the same property or from contiguous property within Kittitas County. (Ord. 93-1 (part), 1993). 17.08.430 Outdoor advertising signs and billboards. A. "Outdoor advertising signs and billboards" means any card, paper, cloth, metal, wooden or other display or device of any kind or character, including but not limiting the same to any poster, bill, printing, painting or other advertisement of any kind whatsoever, including statuary, placed for outdoor advertising purposes on or to the ground or any tree, wall, rack, fence, building, structure or thing. B. "Outdoor advertising signs and billboards" does not include: 1. Official notices issued by any court or public body or officer; 2. Notices posted by any public officer in performance of a public duty or by any person in giving legal notice; 3. Directional, warning or information structures required by or authorized by law or by federal, state, county or city authority. (Res. 83-10, 1983). 17.08.440 Parking space. "Parking space" means a minimum gross area available for the parking of a standard American automobile. (Res. 83-10, 1983). 17.08.445 Performance based cluster plat uses. Performance based cluster plat uses means those uses identified for use in calculation of points for recreation and open space as provided in Title 16.09.090 of the Krttitas County Subdivision Code Public Benefit Rating System These 0GO108 points are applied to calculation of density bonus for a qualifving Performance Based Cluster Plat application. 17.08.445 50 Planned unit development. 'Planned unit development" means a development of planned community by a landowner to be developed as a single entity in which a mixture of land uses are permitted including residential, commercial, and open space, the plan for which may not correspond in lot size, density, or type of dwellings to other zoning districts. (Ord. 90-6 (part), 1990: Ord. 83-Z-2 (part), 1983). 17.08.450 55 Planning commission or commission. "Planning commission" or "com-mission" means the Tttitas County planning commission. (Res. 83-10,1983). 17.08.460 Public office building. 'Public office building' means a structure used as the office or for the purpose of conducting official business by an agency of the federal government, state government or a political sub- division of the state of Washington. (Res. 83-10, 1983), 17.08.470 Rezone. "Rezone" means an amendment to the zoning ordinance, requiring the same enactment as an original zoning. (Res. 83-10,1983). 17.08.480 School, public or parochial. 'Public or parochial school' means an institution which offers instruction and study required to be taught in the public schools of the state of Washington. Trade schools are specifically excluded from this definition. (Res. 83-10,1983). 17.08.510 Structural alteration. "Structural alteration" means any change or repair which would tend to prolong the life of the supporting members of a building or of structures, such as bearing walls, columns, beams or girders. (Res. 83-10, 1983). 17.08.520 Structure. "Structure" means that which is built or constructed, an edifice or building of any kind, or any place of work artificially built up or composed of parts joined together in some definite manner. (Res. 83-10,1983). 17.08.530 Trailer. "Trailer" means any vehicle or portable structure mounted on or designed for mounting on wheels, used for or intended for use for dwelling purposes, and having dimensions totaling less than seven hundred twenty square feet. (Res. 83-10, 1983). 17.08.535 Trailer home. "Trailer home" means a structure mounted or designed for mounting on wheels, used for residential purposes and having dimensions less than eight hundred ninety-six square feet but more than seven hundred twenty square feet. (Res. 83-10, 1983). 17.08.540 Trailer park, trailer camp, trailer court and mobile home park. "Trailer park," "trailer camp," "trailer court" and "mobile home park" mean an area or tract of land used or designed to accommodate two or more vehicles propelled either by their own power or by another driven vehicle and used for sleeping or living quarters. (Res. 83-10, 1983). 17.08.550 Use. "Use" means the purpose for which land or building is arranged, designed or intended, or for which either is or may be occupied or.maintained. 000,107 of Kittitas County, and which official map is by this reference made a part of this title. The zones or areas hereby established and shown on said maps, and boundaries thereof, are hereby defined. Said maps and all notation, references and other information shown thereon shall be as much a part of this title as if the matters and information set forth by said maps were all fully described herein. The same shall be available for inspection by the public, and as changes of zones and areas are made to any other use, the same shall immediately be shown on such maps. (Res. 83- 10,1983). 17.12.30 Boundary determination. Where uncertainty exists as to any of the zone boundaries as shown on the zoning map, the following rules apply: A. Where such boundaries are indicated as approximately following the centerline of roads, highways, powerlines, railroads, rivers or canals, the centerline shall be construed to be such boundaries. B. Where such boundaries are indicated as approximately following lot lines, the lot lines shall be construed to be such boundaries. C. In unsubdivided land and where a zone boundary divides an ownership, the location of the boundary, unless it is indicated by dimensions shown on the map, shall be determined by scale measurement. D. (Deleted by Ord. 83-Z-2). E. Boundary lines along navigable rivers shall be pierhead or outer harbor lines. Where such pierhead or outer harbor lines are not established, then the zone boundary lines shall extend five hundred feet from the natural shoreline. (Ord. 83-Z-2 (part), 1983; Res. 83-10, 1983), KCC CHAPTER 17.14 PERFORMANCE BASED CLUSTER PLAT USES Sections: 17.14.010 Purpose and intent. 17.14.020 Uses permitted. 17.14.010 Purpose and intent. The purpose and intent of the Performance based cluster plat uses is to identify uses that qualify for calculation of points for density bonus under Title 16.09.090 Public Benefit Rating System. 17.14.020 Uses permitted recreation benefit. All uses identified in this section shall apply to the underlyingzoning oning for use as qualifying points under Title 16 09 090 Public Benefit Rating System. For purposes of identification of uses related to passive active and formal recreation, the following uses are permitted: A. Passive Recreation 1. Conservation set-aside for bird watching and picnic areas: 2. Parks and playgrounds, non -motorized trails: 3. Uses customarily incidental to any of the uses set forth in this section and 4. Any use not listed which is nearly identical to a permitted use as Judged by the LkMftcanon Process. (Ord. 96-19 (Hart). 1996: Ord. 83-Z-2 (part) 1983• Res 83-10, 1983 . B. Active recreation: 1. Ball fields,• 2. Tennis courts: 3. Motorized and non -motorized trails: 4. _Uses customarily incidental to any of the uses set forth in this section: and 5. Any use not listed which is nearly identical to a permitted use as judged by the working days of notification pursuant to Title 1 S of this code Proiect Permit C. Formal recreation-, 1. Swimming pools• 2. Club houses and golf courses (public and private); 3. Uses customarily incidental to any of the uses set forth in this section• and 4. Any use not listed which is nearly identical to a permitted use as fudged by the administrative official may be permitted In such cases all adjacent property owners shall be given official notification for an opportunity to appeal such decisions within ten working days of notification pursuant to Title 15A of this code Project Permit Application Process. (Ord. 96-19 Poart) 1996; Ord. 83-Z-2 (part) 1983• Res 83-10. 1983). KCC CHAPTER 17.16 R - RESIDENTIAL ZONE Sections: 17.16.010 Purpose and intent. 17.16.020 Uses permitted. 17.16.030 Minimum lot requirements. 17.16.040 Maximum lot coverage. 17.16.050 Maximum structure height. 17.16.060 Yard requirements - Front. 17.16.070 Yard requirements - Side. 17.16.080 Yard requirements - Rear. 17.16.090 Half streets. 17.16.100 Sale or conveyance of lot portion. 17.16.110 Off-street parking. 000105 Marion-Springtree Developments Kittitas County, WA Transportation Impact Analysis June 2007 Prepared By TO in seldons, Inc. 8250 -165th Avenue NE, Suite 100 Redmond, Washington 98052 (425)883-4134 C"Df 04 TABLE OF CONTENTS 1 INTRODUCTION.............................................................................................2 2 PROJECT DESCRIPTION................................................................................2 3 EXISTING CONDITIONS................................................................................2 3.1 EXISTING ROAD NETWORK............................................................................................ 2 - 3.2 EXIsTQVG 77?AFF/C VOLUMES......................................................................................... 3 3.3 EXISTWG TRfP GENERATIoN.......................................................................................... 3 3.4 EXIsTWG LwERSEo7oN OPERATIONs........................................................................... 3 - 3.5 CocusloN FLsroRr..................................................................................................... 4 4 PROJECT TRIP GENERATION AND DISTRIBUTION.....................................8 - 4.1 TRIP GENERATION........................................................................................................ 8 4.2 77uP D/sTRB( nm AND AssIGNmF-w............................................................................ 8 5 FUTURE CONDITIONS WITH PROJECT......................................................10 6 PRELIMINARY DESIGN GUIDELINES..........................................................12 _ 6.1 NEW ROADWAYS......................................................................................................... 12 6.2 EXISTING ROADWAYS.................................................................................................. 12 7 CONCLUSIONS............................................................................................13 APPENDIX A: PM PEAK HOUR TRAFFIC VOLUMES — APPENDIX B: PM PEAK HOUR TRAFFIC VOLUMES WORKSHEETS APPENDIX C: LEVEL OF SERVICE WORKSHEETS Marion-Springtree Developments June 2007 Transportation Impact Analysis 00103 LIST OF FIGURES Figure1: Vicinity Map.......................................................................................................... 5 Figure 2: Project Site Layout................................................................................................ 6 Figure 3: 2006 Existing Conditions PM Peak Hour Volumes ................................................ 7 _ Figure 4: PM Peak Hour Trip Distribution............................................................................ 9 Figure 5: 2008 With Project Conditions PM Peak Hour Volumes ...................................... 11 LIST OF TABLES Table 1. Existing (2006) Average Traffic Volume Data ........................................................ 3 Table 2. Existing Trip Generation........................................................................................ 3 Table3. Existing LOS.......................................................................................................... 4 Table 4. Collision Data for Nelson Siding Road................................................................... 4 Table 5. Net New Project Trips............................................................................................ 8 Table6. LOS with Project................................................................................................. 10 Marion-Springtree Developments ii June 2007 Transportation Impact Analysis CUD G'v0102 Summary This report summarizes the traffic impact analysis performed for proposed residential development projects on Nelson Siding Road in Mttitas County, Washington, just south of Interstate 90. The analysis considered existing roadway and traffic conditions and future conditions with the Marion-Springtree development in place. An inventory of existing roadway conditions was conducted in July, 2006. Traffic volumes were obtained with midweek tube counts at two locations on Nelson Siding Road, one just south of West Nelson Road and one just north of Westside Road. These tube counts indicated that the average PM peak hour volume at location #1 is 50 vehicles, with 72 vehicles at location #2. More detailed existing traffic volume data can be found in Appendix A. The Marion and Springtree cluster developments, anticipated to be occupied in 2008, will add 23 net PM peak hour trips to the local road network. These developments will not significantly affect traffic patterns and all local intersections are forecasted to remain at LOS - A or better. (The Mttitas County standard is LOS -C for rural roads.) Since there is no significant impact to the road network, no mitigation is necessary. Level of service reports are included as Appendix C. New roads built to provide access to the residential lots in both developments will be required to be built according to current Kittitas County Road Standards, as cited in this report. Kittitas County Road Standards are not exhaustive on road design criteria; instead, AASHTO and WSDOT design criteria are included by reference. Marion-Springtree Developments 1 June 2007 Transportation Impact Analysis G,0101 1 Introduction This report outlines findings of a traffic impact analysis performed for proposed residential development projects on Nelson Siding Road in Kittitas County, Washington. These projects are located near the City of Cle Bum, just south of Interstate 90. This analysis is formatted to document the transportation -related impacts of the proposed projects. This includes developing vehicle trip generation rates for the projects and analyzing the impacts of these trips on the local road network in terms of intersection level of service and site access. This study also documents existing road conditions, planned improvements and other significant projects in the vicinity. A vicinity map is included as Figure 1. Preliminary design considerations and recommendations to mitigate traffic impacts are included in this report. 2 Project Description Terra Design Group is proposing two residential developments south of Nelson Siding Road in Kittitas County, Washington. The MarionSpringtree developments consists of the Marion cluster, an 18 acre site with 12 single-family homes, and the Springtree cluster, with 6 single-family homes on 9 acres. Both developments will be built around a single road accessing Nelson Siding Road to the north and ending in a cul-de-sac at the south end of the developments. The Marion cluster will have an additional 20' access easement along the east side of the development to service two of its lots. The layout of these developments is included as Figure 2. 3 Existing Conditions Existing conditions evaluated at the project site include the road network, current traffic volumes and patterns, and the collision history at locations near the site. Existing land uses and the associated traffic generated by these uses were also considered. 3.1 Existing Road Network The following roads are in the vicinity of the project sites: • I-90: Interstate 90 is the major east/west freeway through this part of Washington, and is located approximately half a mile north of these project sites. Exits 74 and 78 would serve these sites by way of Nelson Siding Road. MarionSpringtree Developments 2 June 2007 Transportation Impact Analysis '. X h s � A 000100 • Nelson Siding Road: This is a two-lane county road that parallels I-90 in the vicinity of the projects. Nelson Siding Road connects directly to 1-90 at Exit 74 (to the west) and via Golf Course Road at Exit 78 (to the east). 3.2 Existing Traffic Volumes The capacity of the local road network at locations determined to be significantly impacted by these developments was analyzed. Existing traffic volumes were collected at the locations listed in Table 1 below, and depicted in Figure 3 along with the average weekday PM peak hour (5pm to 6pm) traffic volumes. For additional traffic volume data, see Appendix A. Location Location # Description Northbound Southbound Total Nelson Siding Road 1 east of W. Nelson Rd 13 37 50 Nelson Siding Road 2 west of Westside Rd 38 34 72 3.3 Existing Trip Generation The existing uses at these project sites generate vehicle trips. The number of trips is calculated based on the 7th edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. ITE lists an average trip rate of 1.01 vehicle trip per unit for LUC-210, "Single -Family Detached Housing," for the weekday PM peak hour of adjacent street traffic (between 4p.m. and 6p.m.). The directional distribution is 63% entering and 37% exiting. These factors were used to calculate the existing trips included in Table 2 below. At the Marion-Springtree site, there is one existing residence. LUC-210 Distribution Vehicle Trips Single -Family Detached Homing In Out In Out Total MarionSpringtree location 63% 37% 3.4 Existing Intersection Operations Existing traffic conditions in the vicinity of the site are based on the tube count data described above and the assignment of the existing traffic according to the distribution shown in Figure 2. It was assumed that 30% of the traffic though tube count location #1 had an origin/destination past the Marion-Springtree site. From tube count location #2, 70% of the traffic though tube count location #2 was assumed to have an origin/destination past the Marion-Springtree site. Marion-Springtree Developments 3 Transportation Impact Analysis UV0090 The PM peak hour level of service (LOS) was calculated for the selected intersections using the 2000 Highway Capacity Manual (Transportation Research Board, Special Report 209) methodology. For signalized intersections, the LOS is defined by seconds of average vehicle delay at the intersection. The seconds of delay are divided into several categories or grade levels, ranging from LOS -A, which is very good, to LOS -F, which reflects a breakdown in traffic flow. Although these letter designations provide a simple basis for comparison, seconds of average vehicle delay should be used as the exact measure of comparison. For unsignahzed intersections, the level of service is defined in terms of stopped time delay for the controlled movements, and is divided into LOS categories A through F. The findings are summarized in Table 3 below. LOS worksheets are included in Appendix C. Nelson Siding Road Intersection Approach LOS Delay (sec) MarionSpringhee Access (Unsignalized) NB A 0.0 Kittitas County has set its level of service standard for rural roads at LOS -C. The intersection at the project access point currently operates at LOS -A. 3.5 Collision History A record of the collisions along Nelson Siding Road since 2003 was provided by Kittitas County. This data is summarized below in Table 4. Cross Street Milepost Year Injury Class Talmadge Road 3.05 2003 Non -Disabling Westside Road 1.60 2003 Lund Lane 3.50 2003 Possible Injury Pioneer Trail Road 2.93 2005 Non -Disabling, Possible Injury Secret Valley Road 1.05 2005 No Injury Golf Course Road 0.02 2005 Westside Road 0.79 2005 Non -Disabling With only seven accidents since 2003, Nelson Siding Road is not an accident-prone corridor. Marion-Springtree Developments 4 June 2007 Transportation Impact Analysis 0GO098 rr� 000097 �5 JS 5 000096 C, rul 0 0 9 5 4 Project Trip Generation and Distribution 4.1 Trip Generation The proposed Marion-Springtree developments together will include 18 single family residential homes. The 7th edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual lists an average trip rate of 1.01 vehicle trip per unit for WC -210, "Single -Family Detached Housing," for the weekday PM peak hour of adjacent street traffic (between 4p.m. and 6p.m.). The directional distribution is 63% entering and 37% exiting. These factors were used to calculate the net project trips included in Table 5 below. LUC-210 Distribution Vehicle Trips SinQls-Family Detached flouring In Out In Out Total Existing 63% 37% 1 - 1 _ Proposed 63% 37% 16 8 24 Net New Trips 15 8 23 _ 4.2 Trip Distribution and Assignment The PM peak hour project trips generated as calculated above were distributed on the local road network according to the same distribution used for the existing trips. That is, 30% of the traffic though tube count location #1 had an origin/destination past the Marion- Springtree site. From tube count location #2, 70% of the traffic though tube count location #2 was assumed to have an origin/destination past the Marion-Springtree site. This - distribution is included as Figure 4. The traffic volume spreadsheet is included as Appendix B. Marion-Springtree Developments 8 June 2007 Transportation Impact Analysis 000094 CC0093 11 a L, 5 Future Conditions with Project Future conditions were considered assuming initial occupancy in 2007. To determine background traffic volumes, an annual growth rate of 2% was assumed, per Kittitas County. There are no other known significant developments in the area that would impact the local road network. The only road improvement project being planned for this area is a County project scheduled for Nelson Siding Road that will widen the road to 28 feet. No other improvements to Nelson Siding Road or other locations affecting the site accesses were indicated. Figure 5 depicts the projected future PM peak hour turning movement volumes with the project in place at the project access location. A level of service analysis was performed to establish future conditions with the project at this intersection. The results of this analysis are summarized in Table 6. Existing LOS is included for comparative purposes. Nelson Siding Road Intersection Approach LOS D ac) lay LOS Delo) MarionSpringtree Access (Unsignalized) NB A 0.0 A 8.8 The controlled approach to this unsignalized intersection (northbound) is forecasted to operate at LOS -A and 8.8 seconds of delay with the project in place. The level of service standard is LOS -C, so no mitigation would be required due to the level of service. _ MarionSpringtree Developments 10 June 2007 Transportation Impact Analysis 0GO092 0GO091 9 6 Preliminary Design Guidelines 6.1 New Roadways New private roads will be constructed as part of this project to service the lots in the development. All new road construction is subject to Title 12 of the Kittitas County Code. Table 12-1 from the County Code is included below, indicating private road minimum design standards. T&W 12^1 Prlvsta Raatl salesman Ospn 311tomnds DrlvsraPdvaM Dsslpl 60rrwes d Reads M m • 5.01 Lew Dan m Number of Lob Served 1 2 3-14 15-40 40.0 WldM 0 20 40 90 60 3.404 Pthaved mmenl WA WA R d 'd 'd SO Roe Width a 12 20 22 AASHTO R 'd 20 tl 6tmultln Wi WA WA 1 1 AASHTO "'I'm d Minimum Centarl4le (7atlWa 3 NIA WA 30 60 1 Surfs R 4emenuPl Gravel Gravel Gravel BST/ACP AASHTO AASHTO &0 Minimum Crushed Sol Dand, N/A 6' 8- Grevel M Wmum Graft %01 S' AASHTO 3^ Flat WA WA g a S Rolfina WA WA 12 12 12 12 Mcumalnous WA WA 12 12 12 County Rued Approach Permit Re 'd 'd R d R v Read S Ste Clarence N/A NM AASHTO AASHTO AASHTO R 'it AASHTO Entering She Distance WA WA AASMTO AASHTO AASHTO ApSHTO Ditch 3 handle el ea & er then 2'.1 should sin be usad when arhlavin a 21 slo is im caval "'Residual Iola within a Proposed developmeru Men not ee ccnaldered When computing evemge lot alta ftngpwer Oeaipn per AASHTO and/or WSDOT required W 404 High-Denslly lets aAppeae b all roads social esialing paved metlwey "Al"1 01 `0114 ya serving three or more Iota shell eche" qa : Wmpadlon and be surfW 6 shell 'Mill &`C certified by a licensed engineer poor w A variance request d; laguired for Wades above 12%. 6.2 Existing Roadways Mitigation to address the impact of a new development on the existing road network is required where the impact results in a level of service below County standards. Nelson Siding Road and the intersections at 1-90, as they exist, have excess capacity and the level of service at these locations will remain above the level of service standard established for rural areas, LOS -C. Thus, no improvements to the existing road network will be required. Marion-Springtree Developments 12 June 2007 Transportation Impact Analysis 010090 7 Conclusions The residential developments south of Nelson Siding Road proposed by the Terra Design Group will add 23 net PM peak hour trips to the local road network. Because the traffic volumes on the local roads are well below capacity, the level of service at the site access point as well as other local intersections is forecasted to remain at or near LOS -A. The County's standard for rural roads is LOS -C, so no improvements are necessary to mitigate these impacts. Access roads to the proposed residential lots will be required to be built according current Mttitas County Road Standards, as cited in this report. This will include providing an appropriate roadway surface and right-of-way and pavement widths, as well as meeting standards for design speed, sight triangles and other factors. Traffic circulation within the developments is to be consistent with guidelines outlined in the road standards and included above. Where the Mttitas County Road Standards are not specific, the Mttitas County Code refers to AASHTO and WSDOT design criteria. MarionSpringtree Developments 13 June 2007 Transportation Impact Analysis