HomeMy WebLinkAboutDA-15-00001 Palomino Fields PFDAgreement FNL with A-EResolution 2016 -
EXHIBIT 1 WITH ATTACHMENTS:
Exhibit A: Legal Description of Property
Exhibit B: Resolution 2008-160
Exhibit C: Preliminary Plat Map Approved through Resolution 2008-160
Exhibit D: SEPA Threshold for Development Agreement
Exhibit E: Approved Phasing Map
DEVELOPMENT AGREEMENT
This Development Agreement ("Agreement") is made and entered into this day of
, 2016, by the Cle Elum Pines East LLC & Cle Elum Pines West
LLC, Washington Limited Liability Companies, hereafter referred to as "Applicant"; and
KITTITAS COUNTY, hereafter referred to as the "County." This Agreement is made
pursuant to the Revised Code of Washington ("RCW") 36.70B.170 and chapter 15A.I I
Kittitas County Code.
RECITALS
A. Chapter 36.70B RCW (the "Development Agreement Statute"), and Chapter
15A.I I Kittitas County Code ("Code") authorize the County to enter into an agreement
between the County and all parties having an ownership interest in or control of
property described in Exhibit A.
B. The Applicant owns property located in a Portion of the W 1/2 of Section 27,
T18N, R18E, WM. accessed off of Reecer Creek Road (the "Property"). The Property is
comprised of Tax Parcel Nos. 18-18-27020-0001, 0002, 0003, 0015, 0016, 0017, and is
legally described on Exhibit A, attached hereto.
C. The Applicant submitted Kittitas County a complete application for the Palomino
Plat
D. Kittitas County Community Development Services issued a SEPA Mitigated
Determination of Non -significance (MDNS) on September 8, 2008.
E. An open public hearing was held before the Kittitas County Hearing Examiner on
October 9, 2008 and on October 21, 2008 recommended approval for the Palomino Fields
preliminary plat.
F. Kittitas County Board of County Commissioners (BOCC) passed Resolution
2008-160 on November 18, 2008 adopting the Hearing Examiner's recommendations for
approval of the Palomino Fields preliminary plat (P-07-31). Said Resolution is attached
hereto as Exhibit B.
G. This Agreement recognizes the conditions to be met in Resolution 2008-160 and
requires the completion of those conditions to finalize every phase of the approved plat.
H. The Hearings Examiner recommendations as adopted by the BOCC, states that
the Group A Water System may be developed to serve this plat in phases.
I. The Applicant desires and intends to develop and sell the Property in five (5)
consecutive phases of final plats, each final plat meeting requirements of Kittitas County
Code Title 16 and providing for the full development of the one hundred and twenty
(120) residential parcels residential as approved under Resolution 2008-160,
J. This Agreement establishes that the Phasing Plan, attached hereto as Exhibit E, is
consistent with the County's comprehensive plan, zoning and development regulations,
and is consistent with existing land use approval of the subject site.
NOW, THEREFORE, in consideration of the recitals (which are incorporated
into the Agreement by this reference) and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the County and the Applicant
agree as follows:
AGREEMENT
1. Effective Date and Termination.
1.1 Effective Date. The Effective Date of this Agreement is the last date upon
which it was signed by the Parties hereto.
1.2 Term. This Agreement shall be effective for five (5) years consistent with
Exhibit E "Phasing Plan"; provided, however, that the term of this Agreement may be
extended should the Applicant seek and justify requests for extension to the satisfaction
of the Director prior to the expiration of the term. Upon expiration of such period, or as
may be extended above, this Development Agreement shall automatically terminate.
Upon the County granting the Final Plat for the last phase of the Project this agreement
shall automatically terminate.
1.3 Termination. This Agreement may be terminated at any time, in writing,
by mutual agreement of the Parties to this Agreement.
2. Definitions.
For purposes of this Agreement, the following terms, phrases, words, and their
derivations shall have the meaning given herein where capitalized; words not defined
herein shall have meaning as provided in Webster's dictionary. When not inconsistent
with the context, words used in the present tense include the future, words in the
plural number include the singular number, words in the singular number include the
plural number, and the use of any gender shall be applicable to all genders whenever the
sense requires. The words "shall" and "will" are mandatory and the word "may" is
permissive. References to governmental entities (whether persons or entities) refer to
those entities or their successors in authority. If specific provisions of law referred to
herein are renumbered, then the reference shall be read to refer to the renumber provision.
References to laws, ordinances or regulations shall be interpreted broadly to cover
government actions, however nominated, and include laws, ordinances and regulations
now in force or hereinafter enacted or amended.
2.1. Agreement. "Agreement" means this Development Agreement between
Kittitas County, Washington and Cle Elum Pines East LLC & Cle Elum Pines West LLC, as
it relates to the Palomino Fields plat in Resolution 2008-160 approved by the Board of
County Commissioners.
2.2. Applicant. "Applicant" means Cle Elum Pines East LLC & Cle Elum
Pines West LLC, a Washington Corporation, or any of its transferees, successors or
assigns.
2.3. County. "County" means Kittitas County, Washington.
2.4 Director. "Director" means the Director of the Community Development
Services (CDS) of Kittitas County or the person providing the function of the director of
CDS
2.5 Effective Date. "Effective Date" means set forth in Section 1.1 of this
Agreement.
2.6 Open Space. "Open Space" means any land that is retained in a natural
condition, or that is improved for outdoor recreational uses outside of residential node
areas (including but not limited to associated infrastructure such as transmission lines,
pumping facilities, and community septic facilities).
2.7 Parties. "Parties" means Kittitas County, Washington and Applicant, Cle
Elum Pines East and Cle Elum Pine West, LLCs, a limited liability company (ies).
2.8 Project. "Project" means the Palomino Fields preliminary Plat as
approved by the County through Resolution 2008-160 being a one hundred and twenty
(120) unit residential community on the Property, including but not limited to: (i) single
family units and (ii) open space areas.
2.9 Property. "Property" means the site legally described in Exhibit A,
attached hereto.
2.10 Utilities. "Utilities" includes, but is not limited to: all (i) storm water and
drainage systems, infrastructure and facilities; (ii) community septic systems,
infrastructure and facilities as approved by Kittitas County; (iii) dry utilities including
power infrastructure and facilities, telecommunication systems, infrastructure and
facilities; (iv) Group A domestic water systems; and (v) irrigation infrastructure and
facilities.
3. Project Elements.
3.1. Permitted Uses. Any permitted use as allowed by the Kittitas County
Zoning Code at the date vested by the applications and as pennitted by Resolution 2008-
160 attached hereto as Exhibit B.
3.2. Residential Densities. The Residential Densities for the Palomino Fields
plat have been established by Kittitas County through the adoption of Resolution 2008-
160. The approved preliminary plat map, attached hereto as Exhibit C, shows the
approximate location and boundaries of lots established for the Palomino Fields plat by
said resolution. Barns, outbuildings, garages, shops and the like are allowed within the
Palomino Fields Plat.
3.3. Nonresidential Densities and Intensities. The Non -Residential Densities
and Intensities for the Palomino Fields plat have been established by Kittitas County
through the adoption of Resolution 2008-160. The preliminary plat map, Exhibit C,
shows the Non -Residential Densities and Intensities established for the Palomino Fields
plat by said resolution.
3.4. Building Sizes. Individual residential buildings shall not exceed 6,500
square feet. Barns, outbuildings, garages, shops and the like are allowed within the
Palomino Fields Plat.
4. Mitigation Measures, Development Conditions, and Other Requirements . The
Palomino Fields plat shall meet the mitigation requirements as provided for in the SEPA
Mitigated Determination of Non -significance (MDNS) issued on September 4, 2008 by
Kittitas County and attached hereto as Exhibit D and those requirements for the Palomino
Fields plat as proved for in Kittitas County Resolution 2008-160.
5. Development Standards.
5.1. Drainage and Water Quality Requirements. The owner of each parcel shall
be responsible to meet Eastern Washington Storm Water guidelines requirements as
established for the Palomino Fields plat as it pertains to that individual parcel. Road•
drainage shall meet the Eastern Washington Storm Water guidelines.
5.2. Landscaping. The areas not containing residential structures and
driveways shall become owned by residents and may be landscaped with grasses, trees
and other plants that do not require irrigation water that would exceed the irrigation
allotment for the individual parcel. Maintenance or non -maintenance of such landscaping
shall be the responsibility of residents of the development and will not be the
responsibility of the County.
5.3. Other Development Features; There may be an entry monument placed at
the entry to the Palomino Fields plat. Other development features may be developed
within the plat that is homogenous with residential development.
6. Road and Sidewalk Standards. Bowers Road shall be a public road that is
extended into the plat. The Bowers Road extension shall meet Kittitas County Public
Road Standards with said extension design being approved by Kittitas County. Internal
roads may be developed as public or private roads as allowed by the Kittitas County
Road Standards. All internal roads shall be designed and constructed to Kittitas County
Road Standards. Sidewalks are not required within the Palomino Fields plat and are not
being constructed as a condition of this Agreement.
7. Affordable Housing. Affordable housing is not required nor will it be provided
within the Palomino Fields plat.
8. Infrastructure requirements.
8.1. Domestic Water. Group A water systems, as defined by the WAC 246-
294-010, include systems having 15 or more connections. Phases of the Palomino Fields
Plat, shall be served by a Group A water system per the statutory requirements and as
approved by the Washington State Department of Health. The water system will be
constructed in phases commensurate with the phased development as shown on Exhibit E
attached hereto.
8.2. Irrigation Water. The first 8 lots of Phase 1, shall be provided irrigation
water by Cascade Irrigation District. All other phases shall be provided irrigation by the
Ellensburg Water Company. The irrigation distribution system shall be owned privately
and the design, maintenance and operation of said irrigation distribution system shall be
approved by the district or company providing the irrigation water or, if the district does
not have an approval process, designed by an engineer licensed in the State of
Washington. The irrigation system will be constructed in phases commensurate with the
phased development as shown on Exhibit G attached hereto.
8.3. Sewage Disposal. Any Community Septic Systems, which may serve two
to seven parcels, will be designed by a licensed designer and approved by Kittitas
County. The Community Septic Systems will be constructed in phases commensurate
with the phased development as shown on Exhibit E. The Community Septic Systems
will not be required to be developed prior to final platting of each or any phase but will
be constructed simultaneously with buildings as permitted by the Kittitas County CDS
Department and the Kittitas County Health Department. Prior to receiving Occupancy
Permit for any building constructed the community septic system shall be completed and
approved by the County Health Departmnet.
8.4. Storm drainage. The owner of each parcel shall be responsible to maintain
the storm water field established for the Palomino Fields plat as it pertains to that
individual parcel. Road drainage shall meet the Eastern Washington Storm Water
guidelines. The Applicant shall develop the Palomino Fields plat in accordance to a storm
water permit issued by the Washington State Department of Ecology. Stormwater
systems shall be designed in each phase to manage total stormwater of completed phases
that is generated by a 24-hour, 25 -year storm event.
8.5. Fire Protection. Sprinklers shall be located in each residence to provide
fire Protection for the residence and will be constructed to current standards. Neither
system wide storage tanks nor fire hydrants are required for the Project.
8.6. Other Infrastructure Requirements. Utilities including but not limited to
dry utilities such as power, phone and internet shall be provided to the property line of
each parcel.
9. Parks and open space preservation. The Parks and open space preservation for the
Palomino Fields plat have been established by Kittitas County through the adoption of
Resolution 2008-160. The identified open space tracts shall be proportionately owned by
tenants in the common, and retained by each home owner, and will be assessed, taxed,
and foreclosed upon each building lot not fulfilling their obligation.
10. Phasing. The project will be constructed and receive final plat approval in
individual Phases. The description of the Phasing plan is provided in Exhibit E, and each
phase will occur consecutively in the order as shown in Exhibit E. The Applicant can
complete more than one phase with each final plat submittal.
11. Development Review Processes, Procedures and Standards for Implementing
Decisions.
11.1. Standards for Implementing Decisions. Kittitas County shall base its
decisions on the Kittitas County Code and per decisions in Resolution 2008-160 as
further modified for phased development by this document.
11.2. Plat Application. The County will process the final plat for each phase of
the approved preliminary plat as defined in KCC Title 16. Each final plat will be
assessed processing fees as exist at the time of submittal.
11.3. SEPA Determination. The County has reviewed, processed and issued a
Mitigated Determination of Non -significance (MDNS) for the preliminary Palomino
Fields subdivision and such determination shall be used for impact evaluation. Each final
plat will be evaluated in terms of its contribution to the 24-hour, 25 -year storm event for
the accumulation of all finaled plats within the Palomino Fields project.
11.4. Roads. The County will review and approve engineering designs of
road(s) and other infrastructure elements within the County right of way. Any private and
public roads within the project will be constructed to the Kittitas County Private Road
Standards.
11.5. Grading. The County will review any grading permit necessary to meet
the Kittitas County Code.
11.6. Reimbursement To The County For Review Processes. The Applicant
will pay, pursuant to the fee structure adopted by Kittitas County, any fees required to
achieve final plat approval for each phase of the plat.
11.7.
11.8. Access. Access will be established from Reecer Creek Road along the
North boundary line of the property by means of a new County right-of-way established
from Reecer Creek Road in alignment with the existing Bowers Road and as indicated
within the approved preliminary Palomino Fields plat.
11.9. Home Owner Association. At the conclusion of the development of the
Palomino Fields community a Homeowner Association will be created to govern
residential areas, community facilities, storm water facilities, and road improvements
within residential nodes, and open space. The Group A water system shall be owned,
operated and maintained by a entity established, owned and operated by a designate of
the Applicant. Said designate shall establish operation procedures and rates as may
approved by the Washington State authorities having jurisdiction if and when required by
state law.
11.10. Design Review. Design Review shall be provided for under a Declaration
of Covenants, Conditions and Restrictions ("CC&Rs"). Design Review shall be
determined by Applicant and shall be consistent with applicable Kittitas County Code.
The Design Review provisions shall include standards for home design, materials,
methods and construction, including but not limited to siting for wind and solar
considerations, siting for view considerations, setbacks and height restriction. After the
expiration of this Agreement, the Homeowner Association, if established, may have the
right to adopt further Design Review restrictions as may be permitted consistent with the
CC&Rs, Bylaws and Articles of Incorporation. Kittitas County Code will apply if
CC&Rs are less restrictive than requirements of the Kittitas County Code.
12. A Build -out or Vesting Period for Applicable Development Standards. The
Applicant may construct one or more Phase(s) of the project per building season. The
Project is anticipated to be completed within 5 years.
13. Process for Amending the Development Agreement. This agreement may be
amended by mutual consent of all of the parties to this agreement and will follow Kittitas
County Code.
14. Any Other Appropriate Development Requirement(s) or Procedure. Any
developer may further improve the property within Palomino Fields characteristic to
residential development and which meets Kittitas County Code and conditions for
Palomino Fields noted in Resolution 2008-160.
15. Model Home. The Applicant, or a designate of the Applicant, may construct a
model home, real estate sales facility, or a temporary construction office to be operating
for construction or real estate office purposes prior to, or in commencement with, the
initial stages of the development. Said facility(ies) shall be required to be operated and
licensed as a real estate office under the laws of the State of Washington or by Kittitas
County Code as applicable. Upon completion of the final plat of the final phase, or upon
selling of the last lot, the model home, real estate sale facility, or construction offices
will be decommissioned or transferred over as a one of the 120 single-family residences.
16. Miscellaneous and General Provisions.
16.1. Governing Law. This Agreement shall be governed by the laws of the
State of Washington and the Kittitas County Codes as vested by the Palomino Fields
application. Each party represented is duly authorized to sign and perform its
obligations under this Agreement. The parties intend this Agreement to be interpreted to
the full extent authorized by law as an exercise of the County's authority to enter into
development agreements. Neither this Agreement nor any provision hereof may be
waived, modified, amended or terminated except by a written agreement of the parties
hereto.
16.2. Successors. This Agreement and the rights set forth herein run with the
land and shall be binding upon the successive owners and assignees of the development.
16.3. Enforcement. Any party to this Agreement may enforce the terms of this
Agreement. No party shall be in default under this Agreement unless it has failed to
perform for a period of twenty-one (21) days after written notice of default from the
other party. The perfonnance period may be extended to allow a reasonable time period
to cure the default. Any notice of default shall specify the nature of the alleged default
and the manner in which the default may be cured satisfactorily. All parties to this
agreement shall have all rights and remedies provided by law.
16.4. Notices. All notices or other communications under this Agreement shall
be delivered to the addresses after each signature. Notices shall be in writing and either;
(i) delivered personally, (ii) sent by facsimile transmission with an additional copy
mailed first class, (iii) deposited in the U.S. Mail with certified mail postage prepaid and
return receipt requested, or (iv) delivered by nationally recognized overnight delivery
service with signature required. Notice by hand delivery or facsimile shall be effective
upon receipt. If deposited in the mail, notice shall be deemed delivered seventy-two
(72) hours after deposit. If sent by overnight delivery, notice shall be deemed delivered
forty-eight (48) hours after deposit.
16.5. Counterparts and Recording. This Agreement may be executed in two or
more counterparts, each of which shall be deemed an original, but all of which together
shall constitute one and the same instrument. Pursuant to RCW 36.7013.190, this
Agreement or memorandum thereof shall be recorded with the Kittitas County Auditor
and during the term of this Agreement shall be binding on the parties, their successors
and assigns.
IN WITNESS THEREOF, this Agreement is effective on the date of the last signature
below.
KITTITAS COUNTY
By
Name:
County Commissioner
Dated:
Approved as to form:
By
Name
County Prosecuting Attorney
Dated:
CLE ELUM PINES EAST LLC & CLE ELUM PINES WEST LLC
By
Its:
Dated:
STATE OF WASHINGTON )
ss.
COUNTY OF KITTITAS )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that he/she signed
this instrument and acknowledged it as the of Cle Elum Pines East
LLC & Cle Elum Pines West LLC to be his/her free and voluntary act for the purposes
mentioned in the instrument.
(Print Name)
Notary Public, Residing at
My appointment expires _
Resolution 2016 -
Exhibit A: Legal Description of Property
Resolution 2016 -
Exhibit B: Resolution 2008-160
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
PRELIMINARY PLAT APPROVAL
Palomino Fields (P-07-31)
RESOLUTION
NO. 2008- C�
WHEREAS, according to Kittitas County Code Chapter 16, relating to the Subdivision of Land,
adopted pursuant.to RCW 58.17, an open record hearing was held by the Kittitas County Hearing
Examiner on October 9, 2008 for the purpose of considering a preliminary plat known as the
Palomino Fields Preliminary Plat and described as follows:
The division of 120.08 acres into 120 lots, map numbers 18-18-27020-0001, 0002, 0003,
0015, 0016 and 0017 located in portions of Section 27, T18N, RI8E, WM in Kittitas
County. Proponent: Terra Design Group, authorized agent for Cle Elum Pines West,
LLC and Cle Elam Pines East, LLC, and Michael Cordner, landowners.
WHEREAS, public testimony was heard from those persons present; 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 platting; and,
WHEREAS, the Hearing Examiner recommended approval of said proposed subdivision; and,
WHEREAS, a closed record public meeting was held by the Board of County Commissioners on
November 18, 2008 to consider the Hearing Examiner's recommendation on this matter; and,
WHEREAS, the Kittitas County Board of Commissioners make the following FINDINGS OF FACT and
CONCLUSIONS AT LAW concerning said proposed preliminary plat:
1. Terra Design Group, authorized agent for Cie Elum Pines West, LLC & Cle EIum Pines
East, LLC .and -Michael Cordner, landowners, has submitted a Preliminary Plat application
to subdivide approximately 120.8 acres into 120 -lots. The proposed lot sizes range from
0.75 acres to 1.23 acres.
2. The property is located north of Dry Creek Road and west of Reecer Creek Road which
comprises portions of the W '/: of Section 27, T18N, R18E, WM in Kittitas County.
Map numbers, -1 8-18-27020-0001, 0002, 0003, 0015, 0016, 0017. Currier Creek flows
through the property.
3. The subject property is currently zoned Urban Residential. The project was submitted
under and is vested to the Suburban Zone KCC 17.20. The project is proposed to be
served by a Group A water system and community drain fields transitioning to a Class A
Reclaimed Water System as adequate flow is established.
4. The Notice of Application for the preliminary plat application was issued on June 29, 2007.
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 July 19 2007.
5. A re -notice of application was issued on January 28, 2008 with the comment period ending
on February 14, 2008. The purpose of the re -notice was to reflect changes that Kittitas
County Public Works had requested for road alignment. 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.
6. A second re -notice of application was issued on July 10, 2008 with the comment period
ending on July 29, 2008. The purpose of the second re -notice was to reflect changes that
Kittitas County Public Works had requested for road alignment and an approved Road
Variance with required conditions to be shown on the preliminary plat map. 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
7. Kittitas County issued a Mitigated Determination of Nonsignificance (MDNS) on
September 8, 2008 in accordance with WAC 197-11-355 (Optional DNS process). There
were no appeals of the SEPA MDNS filed.
8. The Hearing Examiner conducted an open record hearing on October 9, 2008 to consider
this matter where testimony was heard. On October 21, 2008 the Hearing Examiner issued
a recommendation of preliminary plat approval for the Palomino Fields Preliminary Plat
(P-07-31).
9. The Board of County Commissioners conducted a closed record meeting on November 18,
2008 for the purpose of considering the preliminary plat known as the Palomino Fields
Preliminary Plat (P-07-31). A motion was made and seconded that the preliminary plat be
approved. The motion carried with a vote of 3-0.
10. The Board of County Commissioners finds that additional conditions are not necessary
to protect the public's interest.
NOW, THEREFORE BE IT RESOLVED, that the Kittitas County Board of Commissioners
hereby grants preliminary plat approval to the Palomino Fields Plat (P-07-31) and adopts the
Kittitas County Land Use Hearing Examiner's Recommended Finds of Fact, Conclusions of
Law, Decision and Conditions of Approval (See Exhibit A):
BE IT FURTHER RESOLVED by the Board of County Commissioners of Kittitas County,
Washington, that said preliminary plat designated as Palomino Fields Plat (P-07-31) and the same
hereby is, approved with the proposed development configuration (See Exhibit B).
DATED this R ST11 day of N1 D V e iM b , 2008 at Ellensburg, Washington.
```, CoM ssioN
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ATTEST:
CLERK OF THE BOARD
BOARD OF COUNTY COMMISSIONERS
KITTITAS7c"e��
CCOUNTY, WASHINGTON
\---y ,
Mark McClain, Chairman
t Al A. Cranko ch , Vic& -C airman
q'Li d K. Huber, Commissioner
APPROVED AS TO FORM:
Julie A Kjorsvik Greg Zempel WSBA #19125
rd
KITTITAS CO
IN THE MATTER OF
P-07-31
Palomino Fields Preliminary Plat
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 October 9, 2008, 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
1. Terra Design Group, authorized agent for Cle Elum Pines West & East LLC's and
Michael Cordner, landowners, has submitted a Preliminary Plat application to
subdivide approximately 120.8 acres into 120 -lots. The proposed lot sizes range from
0.75 acres to 1.23 acres. (Application)
2. The applicant is Cle Elum Pines East & West, LLC's, P.O. Box 808, Cle Elum, WA
98922. (Application)
3. The subject property is currently zoned Urban Residential. The project was submitted
under and is vested to the Suburban Zone KCC 17.20. The project is proposed to be
served by a Group A water system and community drain fields transitioning to a
Class A Reclaimed Water. System as adequate flow is established. (Application)
4. The property is located north of Dry Creek Road and west of Reecer Creek Road
comprising a portion of the W 1/2 of Section 27, T. 18N., R 18E., W.M. in Kittitas
County. Tax parcel number(s) # 18-18-27020-0002, 0003, 0015, 0016, 0017, 0001.
Currier Creek flows thru the property. (Application / Kittitas County Assessor)
5. Site Information:
Total Project Size:
Number of Lots:
Zoning district
120.8 acres
120
Urban Residential (Vested under Suburban)
P-07-31
Palomino Fields Preliminary Plat
Page l of 18
Domestic Water:
Group A community system
Sewage Disposal:
Community septic transitioning to a Class A
Reclaimed Water System
Power/Electricity:
Puget Sound Energy
Fire Protection:
Fire District #2
Irrigation District:
Ellensburg Water Company
(All from Application)
6. Site Characteristics: The topography of the site and surrounding properties is planar
with a gentle slope of 1 to 2%. Currier Creek flows through the project from north to
south. There are some existing structures on site. These structures use to be part of the
previous landowners church facilities. There is also a large abandoned structure that
was placed on the property under the previous ownership. The Town Ditch
(Ellensburg Water Company) canal runs along the eastern edge of the property.
Eventually this property abuts up against the John Wayne Trail to the south. Some of
this ground has not been farmed recently and other portions of this property are
currently being farmed. (Application / Staff investigation/Staff Report)
7. Surrounding Property:
North: Vacant
Northeast: Residential lots
South: John Wayne Trail; South of the John Wayne
Trail Residential lots
East: Town Ditch Canal and four residential lots East
of Reecer Creek Road B1ackHorse @ Whiskey
Creek 300 plus residential Planned Unit
Development
West: Agricultural ground
(Staff Report)
8. The Comprehensive Plan designation is Rural. (Staff Report)
9. The subject property is zoned Urban Residential (the project was vested under the
Suburban Code (KCC 17.20) prior to the zone change), which allows for an average
of one acre minimum lot size. (Staff Report)
10. A long plat and SEPA checklist was submitted to Commuiuty Development Services
and deemed complete on May 25, 2007. (Application / Staff Report)
11. The Notice of Application for the preliminary plat application was issued on June 29,
2007. This notice was published in the official county paper of record and was
mailed to jurisdictional government agencies, adjacent property owners and other
P-07-31
Palomino Fields Preliminary Plat
Page 2 of 18
interested parties. The last day to submit written comments was on July 19, 2007.
(Staff Report)
12. A Renotice was issued on January 28, 2008 with the comment period ending on
February 14, 2008 reflecting changes that Kittitas County Public Works had
requested for road alignment. 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. All comments received from those comment
periods were considered by the Hearing Examiner. (Staff Report)
13. A Second Renotice was issued on July 10, 2008 with the comment period ending on
July 29, 2008 reflecting changes that Kittitas County Public Works had requested for
road alignment and an approved Road Variance with required conditions to be shown
on the preliminary plat map. 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. All continents received from those comment
periods were considered by the Hearing Examiner. (Staff Report and Hearing
Examiner finding)
14. Kittitas County issued a Mitigated Determination of Nonsignificance (MDNS) on
September 8, 2008 as in accordance with WAC 197-11-355 (Optional DNS process).
There were no appeals of the SEPA NIDNS filed. (Staff Report and Hearing
Examiner finding)
15. 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. Adequate provisions will be provided to minimize impacts to
Currier Creek. The lots will be served by a Group A water system and community
drain fields transitioning to a Class A Reclaimed Water System. Staff has conducted
an administrative critical area review in accordance with KCC 17A and found four
wetlands on the subject property. Currier Creek also flows thru the development and a
100 foot buffer shall be maintained to protect the creek. (Staff Report and Hearing
Examiner -finding)
16. As conditioned, this proposal is consistent with the Kittitas County Subdivision Code
Chapter 16.12 for Preliminary Plats. (Hearing Examiner finding)
17. As conditioned, this proposal is consistent with the Kittitas County Environmental
Health Title 15. (Hearing Examiner fmding)
18. As conditioned, this proposal is consistent with the Kittitas County Critical Areas
Code Title 17A. (Hearing Examiner finding)
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Palomino Fields Preliminary Plat
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19. As conditioned, this proposal is consistent with the Kittitas County Flood Damage
Prevention Code Title 14.08. (Hearing Examiner finding)
20. As conditioned, this proposal is consistent with the Kittitas County Zoning Code
Title 17. (Hearing Examiner finding)
21. This proposal is consistent with and is vested to the Kittitas County Code 17.20,
Suburban Zone as it existed on the date the application was deemed complete
(May 25, 2007). (Hearing Examiner finding)
22. This proposal is consistent with the Kittitas County Irrigation & Sprinkling Code
16.18. (Hearing Examiner finding)
23. The Kittitas County Department of Public Works has identified that Bowers Road as
constructed be classified as a Collector. The road is required to meet all Kittitas
County Road Standards as outlined in the memorandum issued by the Department of
Public Works prior to issuance of a building permit. As conditioned, the proposal is
consistent with the provisions of KCC Title 12. (Kittitas County Department of
Public Works comments, Staff Report and Hearing Examiner finding)
24. The Kittitas County Department of Public Works required and approved a Traffic
Impact Analysis (TIA), and has requested the imposition of all recommended
mitigation measures as conditions of approval. As conditioned, there is no
detrimental impact to the public health, safety and welfare. (Kittitas County
Department of Public Works comments, Staff Report and Hearing Examiner finding)
25. The following agencies provided comments during the comment period: Department
of Ecology, Yakama Nation, Washington State Department of Archaeology &
Historic Preservation, Kittitas County Department of Public Works, and Kittitas
County Environmental Health. As the Hearing Examiner deemed appropriate, these
comments have been included as conditions of approval. (Staff Report and Hearing
Examiner finding)
26. Public and agency continents that were received were considered by the Hearing
Examiner in rendering this Decision and forming Conditions of Approval. (Hearing
Examiner finding)
27. The entire Planning Staff file was admitted into the record at the public hearing.
(Hearing Examiner finding at open record public hearing)
28. The Kittitas County Department of Land Services recommended approval of this
preliminary plat, subject to the recommended conditions of approval. (Staff Report
and Staff presentation at open record public hearing)
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29. Public hearing after due legal notice was held on October 9, 2008. Appearing and
testifying on behalf of the applicant was Chad Bala of Terra Design Group, Inc. in
Cle Elum. Mr. Bala testified that he was an agent authorized to appear and speak on
behalf of the applicant, Cle Elum Pines West & East, LLC's. Mr. Bala submitted a
notebook of records that were consecutively numbered 1 through 563. This notebook
and all the materials contained therein were admitted into the record. This notebook
was admitted as Exhibit 3 to the hearing. (Chad Bala testimony at open record public
hearing)
30. Exhibits at the hearing were:
30.1 Exhibit 1 is an October 9, 2008, letter from Jan Sharar to the Kittitas County
Hearing Examiner.
30.2 Exhibit 2 is the Public Works PowerPoint presentation.
30.4 Exhibit 4 is October 9, 2008, letter from Ron and Debbie Kuhn to the Hearing
Examiner.
(Chad Bala testimony at open record public hearing)
31 Mr. Bala testified that none of the proposed lots would require a variance due to the
buildable area of the lot, riparian setbacks and setbacks related to the septic system, in
order to build a single family residence and any accessory structures. This included
but was not limited to proposed lots 32, 38, 39, 40, 42, 43, 44, 45, 46, 47, 48, 49, 50,
51, 52, 53, 55. Mr. Bala testified that on behalf of the applicant there were no
objection to any of the proposed conditions of approval. (Chad Bala testimony at
open record public hearing)
32. Also testifying on behalf of the applicant was Mark Nelson, P.O. Box 394, Cle Elum,
WA 98922. Mr. Nelson was the designer of the septic system to serve this project.
Mr. Nelson testified consistent with the application materials on file. Mr. Nelson
emphasized that the large on-site sewage system (L.O.S.S.) would be subject to
approval by Department of Health. The reclaimed water system would be subject to
approval by Department of Ecology and Department of Health: Both the community
septic system and the reclaimed water system would require additional permits from
other agencies with jurisdiction prior to construction and implementation of those
utilities. (Mark Nelson testimony at open record public hearing)
33. Speaking on behalf of the applicant was attorney Jeff Slothower :Mr. Slothower
provided argument regarding the vesting issue. Mr. Slothower pointed out that as of
the date of the determination of a complete application, that the applicant vested to
the applicable zoning regulations in existence at that time. The applicant is
complying with those regulations in the development of this project. (Jeff Slothower
presentation at open record public hearing)
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Palomino Fields Preliminary Plat
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34. There was some question by the Hearing Examiner regarding a commitment of
neighboring property owners to allow the extension of Bowers Road through the
neighboring parcel to the west as well as to allow portions of the community septic
system and/or reclaimed water system to be located on that separate parcel.
Mr. Slothower indicated that it would be acceptable to the applicant to condition final
plat approval upon the applicant's securing from the adjacent property owner
sufficient permanent rights-of-way and/or easements or other rights to use the
adjoining property owner's property for the extension of Bowers Road and for the
community septic system and/or reclaimed water system. (Hearing Examiner finding
of fact and testimony of Jeff Slothower at open' record public hearing)
35. Testifying in favor of the project was Margo Cordner. Mrs. Cordner testified that she
has been a real estate agent in Kittitas County for over 19 years. She testified that she
thought that this site would provide attractive settings for homeowners in that the lot
sizes were up to one acre which were large enough to have a country feel but not so
large as to discourage a homeowner from caring for their property as to weed control,
etc. (Testimony of Margo Cordner at open record public hearing)
36. Testifying in opposition to the project was Debbie Kuhn. Ms. Kuhn testified that she
felt that the zoning for this area should be illegal because it serves special interests.
She testified that this project would constitute urban sprawl into a rural area and that
there is insufficient demand for houses in this Kittitas County area. She testified as to
concerns regarding flooding and infiltration of wells. She provided testimony about
canal failures in the area. She testified regarding concerns about grading and filling
south of her property, to the north of the project area. She generally spoke of a desire
to protect their rural lifestyle from this urban development. (Testimony of Debbie
Kuhn at open record public hearing)
37. Testifying in opposition to the project was Vicky Loiseau. Ms. Loiseau testified
consistent with two letters that had been submitted into the record prior to the public
hearing. She owns two acres south of the project area and south of John Wayne Trail.
She believes that her views to the north will be compromised by this project if tall
trees or tall homes are constructed. She provided testimony regarding another
development on Courier Creek where parks and walking trails were supposed to be
constructed but have not. She also testified that areas where developments have been
approved but have not yet been built lay in weeds. She had questions as to when the
parks within the development were to be built and where access to the John Wayne
Trail would occur. She was concerned about asbestos in the house on the subject
property that is to be removed. (Testimony of Vicky Loiseau at open record public
hearing)
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38. Also testifying in opposition to the project was Mike Smith. Mr. Smith offered
Exhibit 5 into the record. Exhibit 5 is an October 9, 2008, letter from Mr. Smith, the
Community Development Director for the City of Ellensburg. Mr. Smith testified
that the project area is not within the Ellensburg Urban Growth Area but that the 120
lots proposed for this development are, in his opinion, urban in nature. Mr. Smith
testified that the Town of Thorp has been identified as an Urban Growth Node and
has 163 lots of record ranging from 7,000 square feet to 160 acres. Mr. Smith also
testified that if this development is approved and is not built in conformity with City
of Ellensburg road standards or the ability to connect to City of Ellensburg Water &
Sewer, that this will impede the City's growth towards this area. Mr. Smith testified
that the City of Ellensburg cannot provide water or sewer to this project because it is
not within the Urban Growth Area. (Testimony of Mike Smith at open record public
hearing)
39. Mr. Smith testified as to several questions he had about the project. These included
what he believed was a lack of information regarding the details of the phasing plan,
what infrastructure would be required in each phase, where the large on-site sewage
system Would be located and the failure of the County to require Bender Road to be
extended pursuant to this project. Mr. Smith had concerns about the secondary
emergency access road going into the project area. Mr. Smith disagreed with
conclusions of the Traffic Impact Analysis. He further had concerns about Bowers
Road remaining a private road until it is extended through the adjoining property to
Faust Road. Mr. Smith recommended that, for the reasons stated within his testimony
and in his letter to the Hearing Examiner that he recommended that the application be
denied. (Testimony of Mike Smith at open record public hearing)
40. Testifying in opposition to the project was Shirleen Sterkel. Ms. Sterkel testified that
they live just west of the end of Bender Road. One of her concerns was regarding the
gate for the secondary emergency access. She was concerned that it would not be
locked and that it would turn into a way for the residents to shorten their trip to
Ellensburg. She testified that Reecer already has significant noise issues, especially
with pickup trucks traveling late at night. She is concerned about increased noise
with this development. (Testimony of Shirleen Sterkel at open record public hearing)
41. 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)
42. 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)
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43. The proposal will be served by adequate facilities including access, fire protection,
water, storm water control, and sewage disposal facilities. (Hearing Examiner
finding)
44. Any Conclusion of Law that is more correctly a Finding of Fact is hereby
incorporated as such by this reference. (Hearing Examiner finding)
II. RECOMMENDED CONCLUSIONS OF LAW
The Hearing Examiner has been granted authority to render this decision.
2. As conditioned, the development meets the goals, policies and implementation
recommendations as set forth in the Kittitas County Comprehensive Plan.
3. 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.
5. As conditioned, the proposal is consistent with Kittitas County Code Title 16
Subdivision, Title 17 Zoning, Title 17A Critical Areas, Title 15 Environmental, Title
14.08, and Title 12 Roads and Bridges and is not detrimental to the public health,
safety and welfare of Kittitas County.
6. As conditioned, the proposed use is consistent with the intent, purposes and
regulations of the Kittitas County Code and Comprehensive Plan.
7. As conditioned, the proposal does conform to the standards specified in Kittitas
County Code.
8. As conditioned, the use will comply with all required performance standards as
specified in Kittitas County Code.
9. 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.
10. As conditioned, this proposal does comply with Comprehensive Plan, the Shoreline
Master Program, the zoning code and other land use regulations, and SEPA.
11. Any Finding of Fact that is more correctly a Conclusion of Law is hereby
incorporated as such by this reference.
III. RECOMMENDED DECISION
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Palomino Fields Preliminary Plat
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Based on the above Findings of Fact and Conclusions of Law, the Hearing Examiner hereby
recommends that Application P-07-31, Palomino Fields Preliminary Plat, be APPROVED
subject to the following 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.
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 September 26, 2008 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.
4. 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.
5. Based on the comment s received during the public comment period and other
information submitted with this project permit application, a SEPA Mitigated
Determination of Nonsignificance (MDNS) was issued by Community Development
Services on September 8, 2008. The following are the mitigations contained within
the MDNS and shall be conditions of approval:
I. Transportation
A. The applicant shall be responsible for meeting or exceeding all conditions and
requirements set forth by the Department of Public Works.
B. The applicant will provide a proportionate share contribution to the
improvement at the Reecer Creek Road and University Way intersection
according to the approved transportation impact analysis.
C. The applicant will abide by the conditions as approved under the Palomino
Road Variance —08-18 including:
a. Improvements to the Bowers Road and Reecer Creek -Road intersection
including a right hand turn lane and acceleration lane.
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Palomino Fields Preliminary Plat
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b. A temporary Cul -de -Sac will be installed at the end of Bowers Road
extension.
c. The applicant will guarantee a thru route from Reecer Creek Road to Faust
Road, to be built with future development.
d. A temporary access at Bender Road will be built, gated and for emergency
use only.
II. Air
A. If the applicant plans to burn trees or debris from the property, the applicant
shall obtain a burn permit from the Department of Ecology. Only natural
unprocessed vegetation may be burned in an outdoor fire. It is the applicant's
responsibility to contact the Department of Ecology regarding this permit.
III. Water & Septic
A. Activities such as road widening, stump pulling and clearing, grading and fill
work and utility placements may require an NPDES Construction Stormwater
Permit issued by the Department of Ecology prior to start of construction.
This permit requires the preparation of a Stormwater Pollution Prevention
Plan. It is the applicant's responsibility to contact the Department of Ecology
regarding this requirement.
B. Prior to any grading, clearing or construction, erosion control measures shall
be in place and shall be able to prevent soil from being carried into surface
water (this includes storm drains) by stormwater runoff. The erosion control
sediment plan shall be a part of the Stormwater Prevention Plan, as referenced
in item A.
C. The applicant will develop a Group A Water System for the project. The
Group A Water System shall be designed by a licensed engineer and approved
by the Washington State Department of Health. The Group A water system
shall be approved prior to final plat approval. The Group A water system
may be built in phases as provided for in the approved Group A
Comprehensive Water System Plan as required by DOH, pursuant to WAC
246. Demonstration of adequate water rights in relation to development of a
Group A Water System shall be completed prior to final approval. Except for
the existing exempt well that currently serves the property no other exempt
wells shall be developed to service the project. Any deviations to the water
system requirements shall undergo further environmental and plat review.
D. The applicant will provide sewage treatment through metered Community
Septic Systems or metered Large On -Site Septic Systems pursuant to WAC
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246-272B "Large -On -Site Septic System Regulations". The type of meters
used will be prescribed by Kittitas County. The initial phases of the project
will be served by Community Septic Systems or Large On -Site Septic
Systems designed by a licensed septic designer and approved by the Kittitas
County Environmental Health Department, pursuant to KCC 13 or by the
Washington State Department of Health pursuant to WAC 246. These
Community Septic Systems or Large On -Site Septic Systems shall be located
on an adjacent parcel of land, for a seamless transition into a possible Class A
Reclaimed Water System Facility.
E. Prior to final approval, identification of community septic areas along with
completed site evaluations will be required by the Kittitas County
Environmental Health Department.
F. If a Large On -Site Septic System (LOSS) system is pursued, the appropriate
approval documents from the Washington State Department of Health will be
required prior to final approval by the Kittitas County Environmental Health
Department.
G. Class A Reclaimed Water Facility: Pursuant to WAC 173-240-050 & RCW
90.46, a Class A Reclaimed Water Facility may be developed and approved
by the Washington State Department of Health and Washington State
Department of Ecology. The system, located on an adjacent parcel of land,
will contain the following trigger points:
a. When the effluent volume reaches a monthly average of 8,000 gallons per
day the applicant will be required to start the planning process for this
facility. No additional building permits will be issued until the
Washington State Department of Health or the Washington State
Department of Ecology has confirnled that the planning process for the
facility has started.
b. When the effluent volume reaches a monthly average of 10,000 gallons
per day the applicant will be required to have completed the planning
process for the facility. In addition the applicant will be required to start
creating engineering and construction drawings for the facility. No
additional building permits will be issued until the Washington State
Department of Health or the Washington State Department of Ecology has
confirmed that the planning:process for the facility has been completed
and that the applicant has started the engineering and construction
drawings.
c. When the effluent volume reaches a monthly average of 12,000 gallons
per day the applicant will be required to have completed the engineering
and construction pians for this facility. No additional building permits
will be issued until the Washington State Department of Health or the
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Palomino Fields Preliminary Plat
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Washington State Department of Ecology has confirmed that the
engineering and construction plans for the facility have been completed.
d. When the effluent volume reaches a monthly average of 14,000 gallons
per day the applicant will be required to have obtained a building permit
for the facility and to have started the construction of the facility. No
additional building permits will be issued until the Kittitas County
Building Department has confirmed that a building permit for the facility
has been issued and that construction has started.
e. When the effluent volume reaches a monthly average of 15,000 gallons
per day the applicant will be required to have completed and have an
operational reclaimed facility. No additional building permits will be
issued until the Washington State Department of Health or the Washington
State Department of Ecology has confirmed that the facility is operational.
f. The applicant will record and provide to Community Development
Services the recorded meter readings for each Community Septic System
or Large On Site Septic System on a quarterly basis.
H. If the applicant wishes to access city systems in the future, all improvements
shall be developed to current city standards.
I. Metering shall be required on all residential well connections and metering
results shall be recorded in a manner consistent with Kittitas County and
Washington State Department of Ecology requirements (Memorandum of
Agreement between Kittitas County and Washington State).
J. The approval of this division of land includes no guarantee that there is a legal
right to withdraw groundwater within the land division. The approval of this
division of land provides no guarantee that use of water under the ground
water exemption (RCW 90.44.050) for this plat or any portion thereof will not
be subject to curtailment by the Department of Ecology or a court of law.
K. Washington Administrative Code (WAC) 173-150 provides for the protection
of existing rights against impairment, i.e. interruption or interference in the
availability of water. If the water supply in your area becomes limited your
use could be curtailed by those with senior water rights.
IV. Historic and Cultural Preservation
A. Prior to any ground breaking activity on the subject property, the applicant
shall consult with the Yakama Nation regarding an archaeological survey of
the subject property due to a high potential for cultural resource sites at the
proposed subdivision. Documentation shall be submitted to Community
Development Services to be maintained in the project file.
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Palomino Fields Preliminary Plat
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V. Light and Aesthetics
A. All outdoor lighting shall be shielded and directed downward to minimize the
effect to nearby residential properties.
VI. Noise
A. Construction activities shall comply with KCC 9.45 (Noise). Construction
hours shall be from 7:OOam to 7:OOpm.
VII. Land and Shoreline Use
A. Wetland and Wildlife study will be required, prior to final approval,
establishing the appropriate buffers regarding sensitive areas as determined by
the consultant.
B. One hundred foot buffers will be established along Currier Creek and shown
on the final mylars.
C. A riparian management plan that would incorporate signage for Currier Creek
will be completed prior to final approval.
D. All waterways/waters/ditches located on the subject property, regardless of
their designation of intermittent, perennial or ephemeral shall be delineated
and shown on the final mylars. Improvements to such water features shall not
impact on-site and off-site use.
E. A Hydraulic Project Approval (IPA) from the Department of Fish & Wildlife
shall be required for all work affecting watercourses, including those that do
not flow year-round. This includes, but is not limited to, work associated with
construction of bridges, culverts, drainage facilities, outfalls and other
construction affecting the bed, bank or flow of watercourses.
F. The applicant shall consult with the Department of Fish & Wildlife to
determine the appropriate size of culvert needed for the crossing of any stream
or watercourse on the subject property. Prior to final approval the applicant
will provide documentation that said crossings meet the proposed standards.
VIII. Public Safety
A. The applicant shall consult with the local school district and provide for and
depict on the final mylars a safe location for a bus stop.
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Palomino Fields Preliminary Plat
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B. Any future development shall comply with the International Fire Code (IFC)
and its Appendices and Referenced Standards, Kittitas County Code, and
Kittitas County Road Standards and shall adhere to the strictest of said
standards.
IX. Parks and Recreation
A. The proposal will include 4-5 pocket parks spaced throughout the platted
development. The pocket parks shall be dedicated as open space for
perpetuity.
B. The applicant shall add 120 trees that shall be placed sporadically through the
development. The trees shall serve as a buffer along the John Wayne Trail.
The applicant shall replace any trees that die within the first three years.
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.
7. Proof of potable water must be shown prior to final plat approval.
All applicants for subdivision utilizing wells shall have a note placed on the face of
the final mylar that states: "Kittitas County relies on its record that a supply of
potable water exists. The approval of this division of land includes no guarantee or
assurance that there is a legal right to withdraw groundwater within the land
division."
9. 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).
10. Bowers Road: Bowers Road from Reecer Creek Road to Faust Road has been
identified as a future county road corridor in the Kittitas County Transportation Plan.
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Palomino Fields Preliminary Plat
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If the Bowers Road extension is desired to become a county road, the road shall be
constructed to a minimum 22' wide roadway with 2' paved shoulders, for a total
minimum width of 26', and follow the procedures outlined below. At the time
Bowers Road is brought onto the county road system, it will be classified as a Rural
Minor Collector with a speed limit of 25 mph and an access spacing requirement of
150'. The road must be constructed prior to petitioning the County Commissioners to
take the road on system. There is no guarantee the road will be accepted onto the
county road system.
11. Public Road Improvements: The following public road improvements are required as
a result of this development and as mitigation for Road Variance 08-18.
a. The Bowers Road extension will include a right hand turn lane onto Reecer Creek
Road south.
b. Reecer Creek Road will be widened for the construction of an acceleration lane in
the southbound lane.
c. A temporary cul-de-sac will be constructed at the termination of the Bowers Road
extension.
d. Access to Faust Road will be guaranteed through an easement or right-of-way
dedicated to the County. The Bowers Road extension to Faust Road will be
constructed in the future as a result of subsequent development.
12. Temporary Cal -de -Sac: A temporary cul-de-sac turn -around having an outside right-
of-way easement diameter of at least 110 feet shall be constructed at the west end of
the Bowers Road extension. The driving surface shall be at least 96 feet in diameter.
Cul-de-sacs must also conform to the requirements specified by the 2006
International Fire Code. Contact the Fire Marshal regarding any additional cul-de-sac
requirements.
13. Road Plans: The developer shall submit road plans for all public road improvements,
including Bowers Road, as follows: Plan and profile drawings for all roads shall be
submitted to the County Engineer on mylar sheets twenty-two inches by thirty-six
inches in size, and receive approval before proceeding with construction. The
drawing standards used in preparing the drawings shall conform -to the current
drawing standards employed by the Department of Public Works. All plans for roads,
drainage, and utility construction are to be designed and prepared by a licensed
professional engineer. Staking for road construction and adequate survey control for
utility construction shall be provided at the subdivider's expense. No work may be
started until such plans are approved. See current Kittitas County Road Standards
12.08 for more detailed information..
14. Public Road Construction, Testing and Inspection: Prior to construction the developer
shall schedule a pre -construction meeting with the Department of Public Works. No
work may be started prior to the meeting. Testing services shall be retained by the
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Palomino Fields Preliminary Plat
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developer. County inspection details will be determined during the pre -construction
meeting.
15. Bonding: The developer shall submit a bond to the Department of Public Works
following the requirements of Kittitas County Road Standards 12.01.150. Failure to
comply with these Standards may result in denial of plan or development permit
approval, revocation of prior approvals, or legal action for forfeiture of performance
guarantee. A cul-de-sac turn -around having an outside right-of-way easement
diameter of at least 110 feet shall be constructed at the closed end of all dead-end
roads serving 3 or more lots. The driving surface shall be at least 96 feet in diameter.
Cul-de-sacs must also conform to the requirements specified by the 2006
International Fire Code. Contact the Fire Marshal regarding any additional cul-de-sac
requirements.
16. Dedication: The following dedication shall be included on the final plat for the
Bowers Road right of way.
a. KNOW ALL MEN BY THESE PRESENTS that do
hereby declare this plat and dedicate to the public forever all roads and ways
hereon with the right to make all necessary slopes for cuts and fills, and the right
to continue to drain said roads and ways over and across any lot or lots, where
water might take a natural course, in the original reasonable grading of the roads
and ways shown hereon. Following original reasonable grading of roads and ways
hereon no drainage water on any lot or lots shall be diverted or blocked from their
natural course so as to discharge upon any public road rights-of-way, or to hamper
proper road drainage. Any enclosing of drainage waters in culverts or drains or
rerouting thereof across any lot as may be undertaken by or for the owner of any
lot, shall be done by and at the expense of such owner..
17. Stormwater: On-site stormwater management that conforms to the specifications of
the most current version of the Stormwater Management Manual for Eastern
Washington is required of this development. Stormwater systems shall be designed
to store stormwater generated by a 24-hour, 25 -year storm event. Stormwater system
designs shall be prepared and stamped by a civil engineer licensed in the State of
Washington. The stormwater system construction and a copy of the design shall be
included with the road certification and is required prior to the issuance of a building
permit. Stormwater facilities shall be maintained by the developer or homeowners
association as appropriate.
18. Private Road Improvements: Roads A — F shall be constructed as High -Density
Private Roads that serve more than 40 lots. Access easements shall be a minimum of
60' wide. The roadway shall be constructed to AASHTO standards and be designed
by an engineer. See current Kittitas County Road Standards, 9/6/05 edition.
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Palomino Fields Preliminary Plat
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19. John Wayne Trail: The applicant shall contact Washington State Parks and provide
documentation of any requirements such as fencing and pedestrian access along the
trail prior to final approval. An approved access permit shall 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.
20. Private Road Certification: 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 prior to the
issuance of a building permit for any of the structures within the proposed plat.
21. Joint -Use Driveway: A joint -use access shall serve no more than two tax parcels. See
Kittitas County Road Standards, 9/6/05 edition.
a. Access easements shall be a minimum of 20' wide. The roadway width shall have
a minimum width of 12'.
b. The surface requirement is for a minimum gravel surface depth of 6".
c. Maintenance of driveway approaches shall be the responsibility of the owner
whose property they serve. The County will not maintain accesses.
d. Any further subdivision or lots to be served by proposed access may result in
further access requirements.
Single -Use Driveway: A single -use access shall serve no more than one lot. See
Kittitas County Road Standards, 9/6/05 edition.
a. The roadway shall be a minimum of 8' wide with 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.
22. Plat Notes: The following plat notes shall be included on the final plat:
a. Entire private road shall achieve 95% compaction and shall be inspected and
certified -by -a licensed engineer in the State of Washington specifying that the
road meets current Kittitas County Road Standards prior to the issuance of
building permit for this plat.
b. 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.
23. Private Road Maintenance Agreement: The applicant shall meet all applicable
conditions of any pre -established or required Private Road Maintenance Agreements.
P-07-31
Palomino Fields Preliminary Plat
Page 17 of 18
24. Lot Closure: It is the responsibility of the Professional Licensed Surveyor (PLS) to
ensure the lot closures are correct and accurate.
25. Access Permit: An approved access permit shall 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.
26. Addressing: Contact 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.
27. Mailbox Placement: The U.S. Postal Service requires that private roads with 6 or
more residences install USPS approved Cluster Box Units (CBUs) at a safe location
at the mouth of the private road. Contact your local Post Office for location and
additional design requirements before beginning construction.
28. Prior to final plat approval, the applicant shall secure from the property owner to the
west of the subject property, sufficient right-of-way for the extension of Bowers Road
through the adjoining property to Faust Road. This right-of-way shall be in an
amount and form suitable to the Kittitas County Engineer and Prosecuting Attorney.
29. Prior to final plat approval, the applicant shall secure from the property owner to the
west of the applicant's property, a permanent legal right to locate all or portions of the
community septic system and/or reclaimed water system in an amount, location and
form acceptable to Washington State Department of Health, Washington State
Department of Ecology, Kittitas County Public Works, Kittitas County Planning
Department and Kittitas County Prosecuting Attorney.
Dated this 2151 day of October, 2008.
KI AS COUNTY HEARING EXAMINER
Vlrew L. Kottkamp
P-07-31
Palomino Fields Preliminary Plat
Page 18 of 18
and CONCLUSIONS AT LAW concerning said proposed conditional use permit:
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, TI 8N, 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.
Resolution 2016 -
Exhibit C: Preliminary Plat Map Approved through Resolution 2008-160
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Resolution 2016 -
Exhibit D: SEPA Threshold for Development Agreement
SG�DES KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES
411 N. Ruby St., Suite 2, Ellensburg. WA 98926
CDSCCO. K I TTITA S. NVAAI S
Office (509) 962-7506
M=Ascourrrr Fax (509) 962-7682
SEPA
MITIGATED DETERMINATION OF NONSIGNIFICANCE
Project: Palomino Fields Preliminary Plat (P-07-31)
Description: A 120 lot preliminary plat on approximately 120.08 acres of land zoned Urban
Residential (Suburban).
Proponent: Terra Design Group
PO Box 686
Cle Elum, WA 98332
Authorized agent for: Cle Elum Pines West
Location: The project is located north of Dry Creek Road and west of Reecer Creek Road
comprising a portion of the W 1/2 of Section 27, T. 18N., R 18E., W.M. in Kittitas
County. Specific map number(s) # 18-18-27020-0002, 0003, 0015, 0016, 0017,
0001.
Lead Agency: Kittitas County Community Development Services
The lead agency for this proposal has determined that it does not have a probable significant adverse impact on
the environment. An environmental impact statement (EIS) is not required under RCW 43.21 C.030(2)(c). This
decision was made after review of a completed environmental checklist and other information on file with the
lead agency. This information is available to the public on request. The lead agency for this proposal has also
determined that certain mitigation measures are necessary in order to issue a Determination of Non -Significance
for this proposal. Failure to comply with the mitigation measures identified hereafter will result in the issuance of
a Determination of Significance (DS) for this project. These mitigation measures include the following:
The following conditions shall also apply based on the project specific analysis:
I. Transportation
A. The applicant shall be responsible for meeting or exceeding all conditions and requirements set forth
by the Department of Public Works.
B. The applicant will provide a proportionate share contribution to the improvernent at the Reecer Creek
Road and University Way intersection according to the approved transportation impact analysis.
C. The applicant will abide by the conditions as approved under the Palomino Road Variance —08-18
including;
a. Improvements to the Bowers Road and Reecer Creek Road intersection including a right hand
turn lane and acceleration lane.
b. A temporary Cul -de -Sac will be installed at the end of Bowers Road extension.
DAMYL PIERCY, DIRECTOR
ALLISON KIMBALL, ASSISTANT DIRECTOR
COMMUNITY PLANNING • BUILDING INSPECHON • PLAN REVIEW • ADNIINISTRATION • PERMIT SERVICE'S • CODE ENFORCENIENT • FIRE- INVESTIGATION
II. Air
c. The applicant will guarantee a thru route from Reecer Creek Road to Faust Road, to be built
with future development.
d. A temporary access at Bender Road will be built, gated and for emergency use only.
A. If the applicant plans to burn trees or debris from the property, the applicant shall obtain a burn permit
from the Department of Ecology. Only natural unprocessed vegetation may be burned in an outdoor
fire. It is the applicant's responsibility to contact the Department of Ecology regarding this permit.
III. Water & Septic
A. Activities such as road widening, stump pulling and clearing, grading and fill work and utility
placements may require an NPDES Construction Stormwater Permit issued by the Department of
Ecology prior to start of construction. This permit requires the preparation of a Stormwater Pollution
Prevention Plan. It is the applicant's responsibility to contact the Department of Ecology regarding
this requirement.
B. Prior to any grading, clearing or construction, erosion control measures shall be in place and shall be
able to prevent soil from being carried into surface water (this includes storm drains) by stoimwater
runoff. The erosion control sediment plan shall be a part of the Stormwater Prevention Plan, as
referenced in item A.
C. The applicant will develop a Group A Water System for the project. The Group A Water System shall
be designed by a licensed engineer and approved by the Washington State Department of Health. The
Group A water system shall be approved prior to final plat approval. The Group A water system
may be built in phases as provided for in the approved Group A Comprehensive Water System Plan
as required by DOH, pursuant to WAC 246. Demonstration of adequate water rights in relation to
development of a Group A Water System shall be completed prior to final approval. Except for the
existing exempt well that currently serves the property no other exempt wells shall be developed to
service the project. Any deviations to the water system requirements shall undergo further
environmental and plat review.
D. The applicant will provide sewage treatment through metered Community Septic Systems or metered
Large On -Site Septic Systems pursuant to WAC 246-272B "Large -On -Site Septic System
Regulations". The type of meters used will be prescribed by Kittitas County. The initial phases of the
project will be served by Community Septic Systems or Large On -Site Septic Systems designed by a
licensed septic designer and approved by the Kittitas County Environmental Health Department,
pursuant to KCC 13 or by the Washington State Department of Health pursuant to WAC 246. These
Community Septic Systems or Large On -Site Septic Systems shall be located on an adjacent parcel of
land, for a seamless transition into a possible Class A Reclaimed Water System Facility.
E. . Prior to final approval, identification of community septic areas along with completed site
evaluations will be required by the Kittitas County Environmental Health Department
E. If a Large On -Site Septic System (LOSS) system is pursued, the appropriate approval documents
from the Washington State Department of Health will be required prior to final approval by the
Kittitas County Environmental Health Department.
F. Class A Reclaimed Water Facility: Pursuant to WAC 173-240-050 & RCW 90.46, a Class A
Reclaimed Water Facility may be developed and approved by the Washington State Deptartment of
Health and Washington State Department of Ecology. The system, located on an adjacent parcel of
land, will contain the following trigger points:
a. iAen the effluent volume reaches a monthly average of'8,000 gallons per day the
applicant hill be required to start the planning process for this.facilio). No additional
building permits will be issued until the K'ashington State Department of Health or the
Washington State Department of Ecology has confirmed that the planning process, for the
facility has started.
b. When the effluent volume reaches a monthly average of 10, 000 gallons per day the
applicant will be required to have completed the planning process_for the facility. In
addition the applicant hill be required to start creating engineering and construction
drawings for the_facility. No additional building permits will be issued until the
Washington State Department of Health or the Washington State Department of Ecology
has confirmed that the planning process for the facility has been completed and that the
applicant has started the engineering and construction drawings.
c. iiq7e77 the effluent volume reaches a monthly average gf'12,000 gallons per day the
applicant will be required to have completed the engineering and construction plans for
this facility. No additional building permits will be issued until the Washington State
Department of Health or the Washington State Department of Ecology has confirmed that
the engineering and construction plans for the facility have been completed.
d. When the effluent volume reaches a monthly average of 14, 000 gallons per day the
applicant will be required to have obtained a building permit for the facility and to have
started the construction of the, facility. No additional building permits will be issued until
the Kittitas County Building Department has confirmed that a building pernzit.for the
facility has been issued and that construction has started.
e. When the effluent volume reaches a monthly average of 15, 000 gallons per day the
applicant will be required to have completed and have an operational reclaimed facility.
No additional building permits will be issued until the Washington State Department of
Health or the Washington State Department o_f Ecology has confirined that the facility is
operational,
f. The applicant ivill record and provide to Cornrni.inity Development Ser-1,ices the recorded meter
readings.1br each Conninunity Septic System or Large On Site Septic Systemn oii a quarterly basis.
G. If the applicant wishes to access city systems in the future, it will be recommended that all
improvements be developed to current city standards.
H. Metering shall be required on all residential well connections and metering results shall be recorded
in a manner consistent with Kittitas County and Washington State Department of Ecology
requirements (Memorandum of Agreement between Kittitas County and Washington State).
I. The approval of this division of land includes no guarantee that there is a legal right to withdraw
groundwater within the land division. The approval of this division of land provides no guarantee
that use of water under the ground water exemption (RCW 90.44.050) for this plat or any portion
thereof will not be subject to curtailment by the Department of Ecology or a court of law.
J. Washington Administrative Code (WAC) 173-150 provides for the protection of existing rights
against impairment, i.e. interruption or interference in the availability of water. If the water supply in
your area becomes limited your use could be curtailed by those with senior water rights.
V. Historic and Cultural Preservation
A. Prior to any ground breaking activity on the subject property, the applicant shall consult with the
Yakama Nation regarding an archaeological survey of the subject property due to a high potential for
cultural resource sites at the proposed subdivision. Documentation shall be submitted to Community
Development Services to be maintained in the project file.
VI. Light and Aesthetics
A. All outdoor lighting shall be shielded and directed downward to minimize the effect to nearby
residential properties.
VII. Noise
A. Construction activities shall comply with KCC 9.45 (Noise). Construction hours shall be from
7:OOam to 7:OOpm.
VIII. Land and Shoreline Use
A. Wetland and Wildlife study will be required, prior to final approval, establishing the appropriate
buffers regarding sensitive areas as determined by the consultant.
B. One hundred foot buffers will be established along Currier Creek and shown on the final mylars.
C. A riparian management plan that would incorporate signage for Currier Creek will be completed prior
to final approval.
D. All waterways/waters/ditches located on the subject property, regardless of their designation of
intermittent, perennial or ephemeral, shall be delineated and shown on the final mylars.
Improvements to such water features shall not impact on-site and off-site use.
E. A Hydraulic Project Approval (HPA) from the Department of Fish & Wildlife shall be required for all
work affecting watercourses, including those that do not flow year-round. This includes, but is not
limited to, work associated with construction of bridges, culverts, drainage facilities, outfalls and
other construction affecting the bed, bank or flow of watercourses.
F. The applicant shall consult with the Department of Fish & Wildlife to determine the appropriate size
of culvert needed for the crossing of any stream or watercourse on the subject property. Prior to final
approval the applicant will provide documentation that said crossings meet the proposed standards.
IX. Public Safety
A. The applicant shall consult with the local school district and provide for and depict on the final mylars
a safe location for a bus stop.
B. Any future development shall comply with the International Fire Code (IFC) and its Appendices and
Referenced Standards, Kittitas County Code, and Kittitas County Road Standards and shall adhere to
the strictest of said standards.
x. Parks and Recreation
A. The proposal will include 4-5 pocket parks spaced throughout the platted development. The
pocket parks shall be dedicated as open space for perpetuity.
B. The applicant shall add 120 trees that shall be placed sporadically through the development. The _
trees shall scree as a buffer along the John Wayne Trail The applicant shall replace any trees
that die vvithin the first three vicars.
X. SLPA Review
This -'vIDNS is issued under \k `AC 19?'- 1 1-:50. 1 he lead agency %c ill not ac: on this proposal for 15 days. Any
action it) set aside. enjoin, revie«, or other-ise challenge this administrative SEPA acu ,n'ti procedural
compliance with the provisions of Chapter 197.11 \VAC shall lic commenced ithin 10 working days (on or
hefbre 5:00 P.M. Friday Septenihc:t 14, 3008) /f
Responsible
Official: Scott u—n—i l
Title: StaffPlanner
Address: Kimias County Community Developmunt Services
411 North Ruby St.. Suite
Fllensburg, WA 94926
(509) 962-7506 F.4 -k 962-7,682
Date: September 4. 2005
Pursuaut to Chapter 15A.07 KCC, this NIDN s may be appealed by submittm-. specific factual objections in writing
with a fee of S500.00 to the Kittitas County Board of Commissioners, Kittitas Cuusav Courthouse Room 110,
Ellensburg, WA 98926. Tiuich appeals must be received no Inter than 5.00 PNt Seylember 19 2008 Aggrieved
parties arc encouraged to contact the Board at (509) 962-7508 for more information on appeal process.
Resolution 2016 -
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