HomeMy WebLinkAboutCU-15-00003 Wheatley_RESOLUTION_unsignedBOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
CONDITIONAL USE PERMIT APPROVAL
WHEATLEY CONDITIONAL USE PERMIT (CU-15-00003)
RESOLUTION
NO. 2016-_________
WHEREAS, according to Kittitas County Code Title 15A, relating to Hearings and Title 17.60A
Conditional Uses, an open record hearing was held by the Kittitas County Hearing Examiner on
February 4, 2016 for the purpose of considering a conditional use permit known as the Wheatley
Conditional Use Permit CU-15-00003 and described as follows:
The operation of an enhanced agricultural facility with farm visits that sells local
products, food, wine/beer tasting, and educational classes. This proposal also includes
the desire to hold community events and seminars on-site not to exceed eight (8) events
per year. Additionally an agricultural processing facility is proposed where Northwest
products are repackaged into spice blends, baking mixes, make at home dinners, etc. and
sold to businesses. The operation is located on a 5 acre parcel which is zoned Agriculture
20 and has a Land Use Designation of Rural Working. The proposal is located
approximately 1250 feet north of the Thorp I-90 interchange at 9201 N. Thorp Hwy, in a
portion of Section 11, T18N, R17E, WM, in Kittitas County, Assessor’s map number 18-
17-11040-0023. Proponent: Ninon Wheatley, applicant and authorized agent for
landowner Antoinette Stroscher.
WHEREAS, public testimony was heard, both in favor and in opposition of the proposal; and,
WHEREAS, due notice of the hearing had been given as required by law, and the necessary
inquiry has been made into the public interest to be served by such use; and,
WHEREAS, the Hearing Examiner recommended approval of said proposed conditional use
permit; and,
WHEREAS, a closed record public hearing was held by the Board of County Commissioners on
March 1, 2016 to consider the Hearing Examiner’s recommendation on this matter; and,
WHEREAS, the Kittitas County Board of Commissioners make the following FINDINGS OF FACT
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and CONCLUSIONS AT LAW concerning said proposed conditional use permit:
1. Ninon Wheatley, applicant, submitted a request to operate an enhanced agricultural
facility with farm visits that sells local products, food, wine/beer tasting, and educational
classes. This proposal also includes the desire to hold community events and seminars
on-site not to exceed eight (8) events per year. Additionally an agricultural processing
facility is proposed where Northwest products are repackaged into spice blends, baking
mixes, make at home dinners, etc. and sold to businesses. The operation is located on a 5
acre parcel.
2. The proposal is located approximately 1250 feet north of the Thorp I-90 interchange at
9201 N. Thorp Hwy, in a portion of Section 11, T18N, R17E, WM, in Kittitas County,
Assessor’s map number 18-17-11040-0023.
3. The Kittitas County Comprehensive Plan’s Land Use Element designates the subject
property as Rural Working and the zoning for this proposal is Agriculture 20.
4. A zoning conditional use permit and SEPA checklist were submitted to Community
Development Services on September 1, 2015 and were deemed incomplete on September
25, 2015. Additional information was received from the applicant on September 28,
2015. On October 2, 2015 the application packet was deemed complete. The affidavit of
site posting in accordance with KCC 15A.03.110 was received by CDS on October 2,
2015. The Notice of Application was issued on October 16, 2015. 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. The last day
to submit written comments was on November 2, 2015.
5. The following agencies provided comments during the comment period: WA
Department of Health, KC Community Development Services – Building, KC Public
Works, and WA Department of Ecology. Additionally, comments were provided during
a pre-application meeting with Kittitas County staff, which was held on May 27, 2015.
These comments have been considered and included as conditions of approval to address
these agency concerns. Late comments were received from the WA Department of
Health and KC Environmental Health Department.
6. One (1) public comment was submitted for this proposal at the time of staff review and
was considered. This comment is attached to the staff report as part of the Index file.
7. 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 Determination of Non-
Significance (DNS) was issued on January 13, 2016. The appeal period ended on January
28, 2016 at 5:00 p.m. No appeals were filed.
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8. The Hearing Examiner hearing was held on February 4, 2016 at 6:00 p.m. Five members
of the Public were present and three provided testimony. On February 10, 2016 the
Kittitas County Hearing Examiner recommended approval of the Wheatley Conditional
Use Permit (CU-15-00003).
9. The Board of County Commissioners conducted a closed record meeting on March 1,
2016 for the purpose of considering the Wheatley Conditional Use Permit (CU-15-
00003). A motion was made and seconded that the conditional use permit be approved
subject to correcting two conditions to be consistent with Kittitas County Code
9.45.030 Noise and the correction of minor scrivener’s errors in the Hearing Examiner’s
Recommended Findings of Fact, Conclusions of Law, Decision and Conditions of
Approval document (see Exhibit A), the motion carried with a vote of 3-0.
10. The Board of County Commissioners finds that item #23 on page 4 of the Hearing
Examiner’s Recommended Findings of Fact document (Exhibit A) contains a
scrivener’s error. The sentence “The proposed conditional use will be adequately
served by rural levels of service.” appears twice in a row and one of the sentences shall
be stricken.
11. The Board of County Commissioners finds that item #23.1.2 on page 5 of the Hearing
Examiner’s Recommended Findings of Fact document (Exhibit A) contains a
scrivener’s error. The word “natural” shall be stricken and replaced with “nature” in the
first sentence.
12. The Board of County Commissioners finds that recommended condition #6 (the first
#6) on page 12 of the Hearing Examiner’s Recommended Findings of Fact document
(Exhibit A) contains a scrivener’s error. The word “treat” shall be stricken and replaced
with “treated” in the first sentence.
13. The Board of County Commissioners finds that recommended conditions #9 & 11 on
page 12 of the Hearing Examiner’s Recommended Findings of Fact document (Exhibit
A) shall be re-written to be consistent with Kittitas County Code 9.45.030 Noise. These
conditions will be replaced with the following:
“9. Any and all enhanced agricultural sales activities must end by 10:30 pm
daily in conformance with KCC 9.45.030.”
“11. All small-scale events must end by 10:30 pm in conformance with KCC
9.45.030.”
14. The Board of County Commissioners finds that the numbering of conditions on page 12
of the Hearing Examiner’s Recommended Findings of Fact document (Exhibit A)
contains a scrivener’s error. The numbers “5, 6, & 7” have been duplicated.
Conditions shall be considered renumbered 1-15 instead of 1-12.
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15. The Board of County Commissioners finds that additional conditions are not necessary
to protect the public’s interest.
NOW THEREFORE,
BE IT HEREBY RESOLVED that the Kittitas County Board of Commissioners hereby
grants approval of the Wheatley Conditional Use Permit (CU-15-00003) and adopts the
Kittitas County Land Use Hearing Examiner’s Recommended Findings of Fact, Conclusions of
Law, Decision and Conditions of Approval (Exhibit A) with the changes stated above and the
same hereby is approved with the proposed development configuration (See Exhibit B).
DATED this day of , 2016 at Ellensburg, Washington.
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Obie O’Brien, Chairman
Paul Jewell, Vice Chairman
Gary Berndt, Commissioner
ATTEST: APPROVED AS TO FORM:
CLERK OF THE BOARD
Julie A Kjorsvik Greg Zempel WSBA #19125
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Exhibit "A"
A zoning conditional use permit and SEPA checklist were submitted to Community
Development Services on September 1, 2015 and were deemed incomplete on September 25,
2015. Additional information was received from the applicant on September 28, 2015. On
October 2, 2015 the application packet was deemed complete. The affidavit of site posting in
accordance with KCC 15A.03.110 was received by CDS on October 2, 2015. The Notice of
Application was issued on October 16, 2015. 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. The last day to submit written comments was on
November 2, 2015.
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 Determination of Non -Significance (DNS) was issued on
January 13, 2016. The appeal period ended on January 28, 2016 at 5:00 p.m. No appeals were
filed.
This proposal is consistent with the provisions of KCC Title 17A, Critical Areas. Staff
conducted an administrative critical area review in accordance with KCC 17A and found that
this proposal is located within the buffer of Elwin Gibson's Mineral Resource Land designation
(Exhibit 96). Staff has determined that this proposed activity will not have a negative impact
on the Mineral Resource Land designation that is separated from this proposal by Thorp
Highway. The Mineral Resource Lands designation of the property to the east of the proposed
project puts neighbors on notice that resource activities, including but not limited to, noise and
dust are to be expected in the area and that it should not be considered a nuisance to the
neighbors. This is similar to the "right to farm" notification. No other critical areas were found
to be on site.
10. This proposal is consistent with the provisions of KCC Title 20, Fire and Life Safety.
11. The following agencies provided comments during the comment period: WA Department of
Health, KC Community Development Services — Building, KC Public Works, and WA
Department of Ecology. Additionally, comments were provided during a pre -application
meeting with Kittitas County staff, which was held on May 27, 2015. These comments have
been considered and included as conditions of approval to address these agency concerns. Late
comments were received from the WA Department of Health and KC Environmental Health
Department.
12. One (1) public comment (Exhibit 20) was submitted for this proposal at the time of staff
review.
13. An open record public hearing after due legal notice was held on February 4, 2016.
14. The entire Planning Staff file was admitted into the record at the public hearing.
15. Admitted into the record were the following exhibits:
15.1 Exhibit 1. Pre Application Packet
15.2 Exhibit 2. KC CDS Receipt
15.3 Exhibit 3. Application Packet
15.4 Exhibit 4. Deem Incomplete Letter
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15.5 Exhibit 5.
Deem Incomplete Email
15.6
Exhibit 6.
Staff Review (CA Checklist and GIS Maps)
15.7
Exhibit 7.
Additional Info - landowner info and signature
15.8
Exhibit 8.
Deem Complete letter
15.9
Exhibit 9.
Deem Complete email
15.10
Exhibit 10
Affidavit of posting -unsigned
15.11
Exhibit 11.
Affidavit of posting_signed
15.12
Exhibit 12
Email request of notification - J Matthews
15.13
Exhibit 13.
Notice of Application - memo
15.14
Exhibit 14.
Notice of Application - legal
Affidavit of mailing & publication -Notice of Application
15.15
Exhibit 15.
15.16
Exhibit 16.
DOH Comment Letter
15.17
Exhibit 17.
KC CDS Building Comment Letter
15.18
Exhibit 18.
KC DPW Concurrency Determination
15.19
Exhibit 19.
KC DPW Comment Memo
15.20
Exhibit 20.
J. Matthews Comment Letter
15.21
Exhibit 21.
DOE Comment Letter
15.22
Exhibit 22.
Transmittal of Comments- Letter
15.23
Exhibit 23.
Transmittal of Comments - email
15.24
Exhibit 24.
Notice of Application - Returned mail (Gibson)
15.25
Exhibit 25.
DR copy of publication -Notice of Application
15.26
Exhibit 26.
Transportation Concurrency Management Application
1.8.16
15.27
Exhibit 27.
Email correspondence between CDS & Applicant -
15.28
15.29
Exhibit 28.
Exhibit 29.
SEPA DNS
DR copy of publication -Notice of SEPA Action
15.30
Exhibit 30.
Notice of SEPA Action and Public Hearing -memo &legal
SEPA Action &
15.31
Exhibit 31.
Affidavit of Mailing & Publication -Notice of
Public Hearing
15.32
Exhibit 32.
DOH & KC EH_LATE_comments - 1.14.16
Email correspondence between J. Sharar & CDS - 1.22.16
15.33
15.34
Exhibit 33.
Exhibit 34.
Hearing Examiner Agenda
15.35
Exhibit 35.
Hearing Examiner Staff Report
15.36
Exhibit 36.
Staff Power Point Presentation
January 29, 2016 email from Lindsay Ozbolt to the applicant.
15.37
Exhibit 37.
16. Appearing
and testifying
on behalf of the applicant was Ninon Wheatley. Ms. Wheatley
but is the applicant for this project. She testified that
testified that she's not the property owner
she has the property owner's written permission to make this application and to conduct the
that weddings are not contemplated as part of
activities on the property. Ms. Wheatley testified
that all of the proposed Conditions of Approval were acceptable.
this project.
She testified
17. Appearing and testifying
from the public were the following individuals:
17.1
Sheryl Grunden. Ms. Grunden testified that she was in favor of this project and saw
it as a positive addition to the community of Thorp.
17.2 John Matthews. Mr. Matthews spoke generally in opposition to the project. Mr.
Matthews testified that his handwritten letter, Exhibit 20, was written on behalf of the
Water District. He had concerns as to the amount of impervious surface that will be
on the project and whether stormwater would be treated or contained on site. His
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primary concern was that contamination may result as a result of stormwater run-off
from the subject property.
17.3 Also testifying in opposition of the project was Paula Thompson. Ms. Thompson
testified generally regarding zoning issues and that this project was not located within
the proper zoning designation.
18. Consistency with the Comprehensive Plan:
The proposal is consistent with the goals and policies of the Kittitas County Comprehensive
Plan. This proposal is located within the Rural Working Land Use designation and the
following Comprehensive Plan GPOs apply to this proposal: GPO 2.2, 8.1, 8.8, 8.13, 8.16,
8.22, 10.2 and 10.4. It is clear, based on these GPOs, Kittitas County values its rural character,
agricultural activities, private property rights, and economic growth that supports the rural
nature of the area. As conditioned, this project is consistent with the County's Comprehensive
Plan.
19. Consistency with the provisions of KCC Title 12 Roads and Bridges:
As conditioned, this project is consistent with the provisions of KCC Title 12. The applicant
will be required to meet Washington State Department of Transportation Design Manual
Exhibits 1340-1 and 1340-2 for construction of a driveway for commercial standards. A
transportation concurrency determination was made that no mitigation is required for this
project. (Exhibit #18 & 19).
20. Consistency with the provisions of KCC Title 13, Water and Sewers:
As conditioned, this project is consistent with the provisions of KCC Title 13. The applicant is
required to meet KC Environmental Health and WA Department of Health requirements for the
existing Group A water system and septic system (Exhibit #1, 16, & 32).
21. Consistency with the provisions of KCC Title 14 Buildings and Construction:
As conditioned, this project is consistent with the provisions of KCC Title 14. The applicant is
working with Kittitas County Community Development Services — Building division regarding
necessary remodel and change of use permits for the existing structures on the premises
(Exhibit #17).
22. Consistency with the provision of KCC Title 17 29 Agriculture 20 zoning:
This proposal is consistent with the Kittitas County Zoning Code 17.29. Specifically this
project's proposed use is Agriculture: agriculture processing, farm visits with enhanced
agriculture sales, and small-scale event facility per KCC 17.15.060.1 (A) Agriculture. The
agriculture processing activity requires a zoning conditional use and the farm visit activity with
enhanced agriculture sales and small-scale event facility requires an administrative conditional
use permit. Since this project is being proposed and processed holistically, the entire project is
being considered through the full zoning conditional use permit process.
23. Consistency with the provisions of KCC Title 17.60A, Conditional Uses:
This proposal, as conditioned, is consistent with the Kittitas County Zoning Code for
Conditional Uses KCC Title 17.60A. The proposed conditional use will be adequately served
by rural levels of service. The proposed conditional use will be adequately served by rural
levels of service. The following is the criteria and responses for recommending approval of a
conditional use permit per KCC 17.60A.015 review criteria:
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23.1 The proposed use is essential or desirable to the public convenience and not
detrimental or injurious to the public health, peace, or safety or to the character of the
surrounding neighborhood.
23.1.1 The proposed use is both essential and desirable to the community of Thorp.
We have approached all the neighbors within 500 feet of the land and they
are not only okay with the project but excited. Thorp has been without a
store or community meeting spot for 8 years and we are ready for a new one.
A meeting point is essential to the health of small rural communities such as
Thorp. The new businesses will not only provide jobs and economic
stimulation to a rural community but they will provide a location in which
community bonds can be strengthened. The proposed businesses will also be
beneficial to the area and its fanners by offering a new avenue in which to
sell their products and get them to the consumer.
23.1.2 The proposed uses are rural in natural, with agriculture being at the center of
the proposal. Additionally, the proposed site will not be further disturbed by
the proposed activity since it used to be a Montessori school. As
conditioned, this proposal will not be detrimental or injurious to the public
health, peace, safety or character of the surrounding neighborhood.
23.2 The proposed use at the proposed location will not be unreasonably detrimental to the
economic welfare of the county and that it will not create excessive public cost for
facilities and services by finding that.
The proposed use will be adequately serviced by existing facilities such as highways,
roads, police and fire protection, irrigation and drainage structures, refuse disposal,
water and sewers, and schools; or
The applicant shall provide such facilities; or
The proposed use will be of sufficient economic benefit to offset additional public costs
or economic detriment.
23.2.1 The proposed project will not place any excessive costs on the community of
Thorp or on Kittitas County. It is already serviced with a road, located
within the district I fire department, easily accessible for garbage pick-up,
serviced by phone lines and electrical. Costs for changes to comply with
county health and building codes will be incurred by the landowners, not the
public.
23.2.2 This proposal is located within Fire District 1 — Thorp, is accessed off of
Thorp Hwy with easy access to I-90, and is utilizing existing structures,
water system, and septic system that were in existence when the site housed a
Montessori school. Additionally, this activity will not generate additional
demand on the school district, since it is not proposing additional residences,
or additional use on the surrounding roads as a Transportation Concurrency
determined that mitigation was not necessary for the proposed amount of
vehicular trips to and from the site. As conditioned, this proposal will not be
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detrimental to the economic welfare of the county and will not create
excessive public cost for facilities and services.
23.3 The proposed use complies with relevant development standards and criteria for
approval set forth in this title or other applicable provisions of Kittitas County Code.
23.3.1 KCC Title 17 Zoning — The proposed use as outlined in the application
narrative is consistent with the provisions of Kittitas County Code title
17.08.255A Farm Visit as an Administrative Conditional Use which is
provisioned for in KCC chapter 17.15.060 Farm Visit with enhanced
agricultural sales.
23.3.2 KCC Title 8 Health, Welfare, and Sanitation — The businesses will receive
annual inspections by the WSDA and the County Health inspectors to make
sure the businesses are meeting sufficient safety and health standards
including handling of food and disposing of wastes. There will also be no
smoking within the buildings.
23.3.3 KCC Chapter 9.45 Noise — The proposed uses will not be nuisance or make
noises that will unreasonably disturb the peace of our neighbors.
23.3.4 KCC Title 10 Vehicles and Traffic & KCC Title 12 Roads and Bridges —
Parking for guests and customers will be provided onsite; county property
and/or right of way will not be utilized in any way.
23.3.5 KCC Title 13 Water and Sewers — The applicant states that they have been
working with the Kittitas County Public health to ensure we follow all
county and state regulations regarding septic system size, location and design
as well as water testing and treatment.
23.3.6 KCC Title 14 Building and Construction — No new building will take place
on the property but there will be remodel in both of the large buildings on the
property. The remodel will be done and overseen by licensed contractors
who are familiar with the building code. Any changes to the property will
fall within the code.
23.3.7 KCC Title 15A Permit Application Process —The applicant states that we
have made ourselves familiar with the KCCP, the applicable code and the
permit process we will be required to go through.
23.3.8 KCC Title 17 Zoning — The applicant states that they have made ourselves
very familiar with the zoning code for Ag20 and we believe that the proposed
uses are consistent with the goals and uses of Ag20. The applicant believes
their uses hold true to the rural character of the county and preserve the land
for historically rural and farm uses.
23.3.9 KCC Title 20 Fire and Life Safety — The applicant states that they have been
in contact with the Kittitas County Fire Marshals, and that they will follow
all code including marking exit doors and installing sprinkler systems if
needed.
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23.3.10 This proposal complies and is compatible with the Kittitas County
Comprehensive Plan and Kittitas County codes. Additionally, the farm visit
aspect of this proposal includes, but is not limited to, the growing of fruit &
vegetables, the possibility of visitors being able to pick some of the fruits &
vegetables grown on-site, and interaction with on-site animals like goats &
chickens.
23.4 The proposed use will mitigate material impacts of the development, whether
environmental or otherwise.
23.4.1 Impacts on the environment or the land will be minimal since the buildings
are already there. The economic stimulation in Thorp will offset any of the
small-scale impacts that may be incurred by having more traffic to and from
the business.
23.4.2 The proposed use of the property will not require any mitigation because it
will be no more intense than the previous use as a school. Additionally, no
new buildings or paving will take place other than updating the access to
Thorp Hwy per KC Public Works and WSDOT requirements. Additionally,
KC Public Works determined that there will not be a significant impact to the
County roads serving this proposal and that no mitigation is required.
23.5 The proposed use will ensure compatibility with existing neighboring land uses.
23.5.1 The proposed businesses are compatible with the neighboring land uses.
Both farmers and residents in neighboring areas will not be negatively
influenced by the proposed plans. Residents will be benefited by increasing
their options for fresh local products and prepared foods. Farmers will also
be benefited by increasing their avenues to bring their products to the public.
The business will also engage in small scale farming itself to supplement
local products used in its kitchen. Neither business would be positively
impacted by limiting the ability to farm for itself or its neighbors. The
agricultural processing facility is small scale and has very little foot traffic
since the business sells mainly to other stores. Therefore, the processing will
not interfere with its neighbors.
23.5.2 Agriculture processing, farm visits providing enhanced agricultural sales, and
a small-scale event facility limited to a maximum of eight (8) events per year
for community gatherings and educational seminars are uses compatible with
the Rural Working character in this area. The proposal is only approximately
1250 feet way from the Thorp I-90 Interchange, there is also a Fruit and
Antique Mall and gas station located near the interchange. Additionally, this
proposal is in an area where agriculture and mineral lands is the dominate
land use with little residential development. The proposal is compatible with
the existing neighboring land uses.
23.6 The proposed use is consistent with the intent and character of the zoning district in
which it is located.
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23.6.1 Ag 20 zoning is meant to preserve fertile farmland for future generations.
The proposed business is located in a rural county and zoned as Ag 20. The
business will fit into the restrictions placed on the land with said zoning. The
business will grow crops to prepare and sell to its customers. It will also
repackage crops from other farmers in order to make ready to make dinners.
It is in the best interest of the business to use the land available to grow crops
and food stuffs.
23.7 For conditional uses outside of Urban Growth Areas, the proposed use:
23.7.1 Is consistent with the intent, goals, policies, and objectives of the Kittitas
County Comprehensive Plan, including the policies of Chapter 8, Rural and
Resource Lands;
23.7.1.1 The businesses are consistent with the Kittitas County
comprehensive plan for a member of reasons. Rural working
lands are supposed to encourage "commercial and industrial uses
compatible with rural environment" (KCCP 2-16). The
proposed businesses both encourage economic growth and work
within the rural character of the Kittitas County.
The KCCP seek to preserve the rural character of the valley and
enhance the community. Both businesses will preserve the rural
character of the town and add to of Thorp. The businesses will
keep land open for a traditional rural life style and rural based
activities (KCCP 8-2) by preserving the acreage for larger scale
farming and by participating in small scale farming to
supplement crops bought from other local farmers.
The Kittitas County Comprehensive Plan states that a purpose of
rural lands is to provide rural economic opportunity (KCCP 8-6).
Both businesses provide jobs and economic opportunity in
Thorp, a small unincorporated community dominated by farms
and farmers. Both businesses are built on the ideals of
wholesome meals made from fresh unprocessed products.
The Comprehensive plan states, "A certain level of mixed uses in
rural areas and rural service centers is acceptable and may include
limited commercial, service and industrial uses. (GPO 8.8).
According to GPO 8.16, planning will give preference to uses that
are related to agriculture. Both businesses support agriculture by
buying from local farmers and by growing crops for the kitchen and
prepared foods.
23.7.2 Preserves "rural character" as defined in the Growth Management Act (RCW
36.70A.030(15));
23.7.2.1 The businesses at 9201 N Thorp Hwy will not hurt the rural
character of the valley or the town of Thorp. By using a building
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that is already standing and remodeled from an old hay barn we
are keeping space open and preserving the visual and natural
landscape. Both businesses create opportunities for rural based
economic growth while keeping space for Thorp's rural lifestyle
to persist.
23.7.2.2 The applicant is proposing to run agriculture based businesses
that are consistent with rural character, use existing buildings
that are compatible with the rural character of the area, and is
consistent with our comprehensive plan and zoning regulations.
23.7.3 Requires only rural government services; and
23.7.3.1 The businesses require only rural governmental services. Thorp
will not need to be included in any urban government because of
these businesses.
23.7.3.2 Staff did not anticipate an increased need for any rural
government services.
23.7.4 Does not compromise the long term viability of designated resource lands.
23.7.4.1 By working in buildings that are already in place and using the
open land for growing food stuffs and crops, the businesses in
Thorp will not compromise long term viability of resource lands.
They will, in fact, preserve the land in order to continue to reap
gains off the land.
23.7.4.2 The subject property is designated as rural working lands and not
as resource lands. Regardless, the proposal is compatible with
the existing character of the area and meets the rural element of
Kittitas County's Comprehensive Plan and zoning regulations,
thereby not compromising the long term viability of designated
resource lands.
23.8 Consistency with the provisions of KCC Title 17A, Critical Areas:
This proposal is consistent with the provisions of KCC Title 17A, Critical Areas.
Staff conducted an administrative critical area review in accordance with KCC 17A
and found that this proposal is located within the buffer of Elwin Gibson's Mineral
Resource Land designation (Exhibit #6). Staff determined that this proposed activity
will not have a negative impact on the Mineral Resource Land designation that is
separated from this proposal by Thorp Highway. The Mineral Resource Lands
designation of the property to the east of the proposed project puts neighbors on
notice that resource activities, including but not limited to, noise and dust are to be
expected in the area and that it should not be considered a nuisance to the neighbors.
This is similar to the "right to farm" notification. No other critical areas were found
to be on site.
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23.9 Consistency with the provisions of KCC Title 20, Fire and Life Safety:
This project is consistent with the provisions of KCC Title 20. The applicant is
working with Kittitas County Fire Marshal's office regarding necessary fire safety
requirements for the remodel and change of use permits for the existing structures on
the premises (Exhibit 91). Fire and life safety requirements will be addressed during
the building permit process.
24. 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.
25. The proposed use will not cause significant adverse impacts on the human or natural
environments that cannot be mitigated by conditions of approval.
26. The cumulative impact of additional requests for like actions (the total of the conditional uses
over time or space) will not produce significant adverse effects to the environment that cannot
be mitigated by conditions of approval.
27. The proposal will be served by adequate facilities including access, fire protection, water, storm
water control, and sewage disposal facilities.
28. The location, size, and height of buildings, structures, walls and fences, and screening
vegetation for the proposed use will not unreasonably interfere with allowable development or
use of neighboring properties.
29. The pedestrian and vehicular traffic associated with the conditional use will not be hazardous to
existing and anticipated traffic in the neighborhood.
30. Land uses, activities, and structures that are allowed by this conditional use permit will comply
with the required performance standards specified in the Kittitas County Code.
31. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such
by this reference.
II. RECOMMENDED CONCLUSIONS OF LAW
The Hearing Examiner has been granted authority to render this decision.
As conditioned, the proposal meets the goals, policies and implementation recommendations as
set forth in the Kittitas County Comprehensive Plan.
As conditioned, this proposal is consistent with applicable federal and state laws and
regulations.
4. As conditioned the proposal is consistent with the goals and policies of the Kittitas County
Comprehensive Plan.
As conditioned this proposal is consistent with the provisions of KCC Title 12, Roads and
Bridges as conditioned.
CU -15-00003
Wheatley
Page 10 of 13
As conditioned this proposal is consistent with the provisions of KCC Title 13, Water and
Sewers as conditioned.
7. As conditioned this proposal is consistent with the provisions of KCC Title 14, Buildings and
Construction as conditioned.
As conditioned this proposal is consistent with the provisions of KCC Title 17.29, Agriculture
20 zoning.
9. As conditioned this proposal is consistent with the provisions of KCC Title 17.60A,
Conditional Uses and meets the criteria of KCC 17.60A.015 (1-7), as conditioned.
10. Public use and interest will be served by approval of this proposal.
11. As conditioned, the proposal is consistent with Kittitas County Code Title 12 Roads & Bridges,
Title 13 Water and Sewers, Title 14 Building and Construction, Title 17 Zoning, Title 17A
Critical Areas, and Title 20 Fire and Life Safety.
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 Conclusions of Law, Conditional Use Permit
Application CU -15-00003 is recommended to 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.
The project shall proceed in substantial conformance with the plans and application materials
on file dated September 1, 2015 and subsequent information included in the complete file index
except as amended by the conditions herein.
The applicant is responsible for compliance with all applicable local, state and federal rules and
regulations, and must obtain all appropriate permits and approvals.
3. All development, design and construction shall comply with Kittitas County Code and the most
current version of the International Fire & Building Codes.
4. All remodel and change of use for the structures will require permitting approvals through CDS
prior to issuance of the final conditional use permit.
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Page 11 of 13
5. All parking will occur on site.
All storm water will be treat and contained on site as provided by the applicable rules and
regulations for the State of Washington and Kittitas County.
7. There shall be no outdoor amplified music unless there is strict compliance with the noise
standards as set forth in the Kittitas County Code and Washington Administrative Code 173-60.
The driveway must be constructed to commercial standards, as shown in the WSDOT Design
Manual Exhibits 1340-1 and 1340-2. Please contact Kelly Bacon at 509-962-7523 to discuss
the requirements and the existing paved apron. A Kittitas County Access Permit is required
prior to driveway construction.
Contact WA Department of Ecology at 509-457-7126 to determine if an air quality permit is
required for the agricultural processing facility. Documentation of permit approval or
exemption shall be submitted to Kittitas County CDS prior to issuance of the final conditional
use permit.
The public water system serving this proposal shall be converted from a Group A-NTNC
system to a Group A-TNC prior to issuance of the final conditional use permit.
8. Enhanced agricultural sales activities can only occur on days when farm visit activities are also
available to the public.
9. Any and all enhanced agricultural sales activities must end by 10 pm daily.
10. No more than eight (8) small-scale events, limited to community gatherings and educational
seminars are allowed per calendar year.
11. All small-scale events must end by 10 pm.
12. The maximum number of attendees allowed at small-scale events shall not exceed the
maximum allowed occupancy of the structure used for enhanced agricultural sales. Occupancy
of this structure will be determined during the building permit process.
Dated this 10`x' day of February, 2016.
AS COUNTY HEARING EXAMINER
L. Kottkamp
CU -15-00003
Wheatley
Page 12 of 13
ANYONE AGGRIEVED BY THIS DECISION HAS TWENTY-ONE (21) DAYS FROM THE
ISSUANCE OF THIS DECISION TO FILE AN APPEAL WITH THE KITTITAS COUNTY
SUPERIOR COURT AS PROVIDED FOR UNDER THE REVISED CODE OF
WASHINGTON AND THE KITTITAS COUNTY CODE.
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Wheatley
Page 13 of 13
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