HomeMy WebLinkAboutPD-17-00001 Marian Meadows Ordinance with Map
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CCOOUUNNTTYY OOFF KKIITTTTIITTAASS
SSTTAATTEE OOFF WWAASSHHIINNGGTTOONN
ORDINANCE
NO. 2018-____
AN ORDINANCE GRANINTING APPROVAL TO MARIAN MEADOWS PLANNED UNIT
DEVLOPMENT (PD-17-00001), CONDITIONAL USE PERMIT (CU-17-00001), AND
PLAT (LP-17-00001)
WHEREAS, according to Kittitas County Code Titles 15A, 16 & 17, relating to rezones, conditional use permits,
and plats and adopted pursuant to RCW 36.70B , 36.70, and 58.17, an open record hearing was held by the
Kittitas County Hearing Examiner on October 12, 2017 for the purpose of considering a zone change consisting
of approximately 445.42 acres from Rural-5 to Planned Unit Development , 89 residential lots (76 single-family
& 12 townhomes), RV storage, RV Park, campground facilities, community center, athletic courts, and pool on
17 parcels of land described as follows:
The subject property consists of 17 parcels, located approximately seven miles northwest of Roslyn
off of East Sparks Road in portions of Sections 1 and 12, Township 20, Range 13 E, WM in Kittitas
County, bearing Assessor’s map numbers 20-13-01000-0012, 20-13-12000-0013, 20-13-01000-
0004, 20-13-01000-0013, 20-13-01051-0018, 20-13-01051-0014, 20-13-01051-0015, 20-13-
01051-0013, 20-13-01051-0012, 20-13-01051-0008, 20-13-01051-0007, 20-13-01051-0006, 20-
13-01051-0002, 20-13-01051-0001, 20-13-01051-0016, 20-13-01000-0011, 20-13-01051-0017.
WHEREAS, testimony was taken on October 12, 207 from those persons present who wished to be heard during
said open record hearing before the Kittitas County Hearing Examiner; 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 proposed zone change, conditional use permit, and plat; and
WHEREAS, the Hearing Examiner recommended approval of proposed rezone, conditional use permit, and plat
with recommended findings of fact, conclusions of law, and conditions of approval, on October 24, 2017; and
WHEREAS, a closed record public meeting was held by the Board of County Commissioners on November 21,
2017 to consider the Hearing Examiner’s recommendation on this matter; and
WHEREAS, the Board of County Commissioners continued such meeting to November 29, 2017, December 6,
2017, and January 3, 2018 to further consider findings and conditions recommended by staff and the Hearing
Examiner; and
WHEREAS, on January 3, 2018, the Board of Commissioners remanded the above-referenced applications to the
Hearing Examiner for further consideration according to Kittitas County Code (KCC) 17.36.045; and
WHEREAS, on January 9, 2018, the Hearing Examiner issued an order to reopen the record for the exclusive
purpose of reviewing the record to issue an Amended Recommendation that includes specific discussion as to
whether there is sufficient evidence in the record to support the criteria in KCC 17.36.045; and
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WHEREAS, on February 8, 2018, the Hearing Examiner issued an Additional Recommended Finding of Fact
and an Order Closing the Record; and
WHEREAS, on March 6, 2018, the Board of Commissioners conducted a closed record meeting to further
consider findings and conditions recommended by staff and the Hearing Examiner; and
WHEREAS, at the March 6, 2018 closed record meeting the Board of Commissioners voted to approved the
proposed application by a vote of 2-0; and
WHEREAS, the following FINDINGS OF FACT and CONCLUSIONS OF LAW regarding the planned unit
development, conditional use permit, and plat have been made by the Board of County Commissioners concerning
this ordinance:
FINDINGS OF FACT
1. The application from Martens Enterprises, LLC is for multiple permits for a development. The
requested permits include a Planned Unit Development (PUD), and Conditional Use (CU) a Plat (LP)
and include 17 parcels located approximately seven miles northwest of Roslyn. A Development
Agreement is also to be entered into with the County, but is not part of this Decision.
2. The subject parcels consist of 17 parcels, located approximately seven miles northwest of Roslyn in
portions of Sections 1 and 12, Township 20, Range 13 E, WM in Kittitas County, bearing Assessor’s
map numbers 20-13-01000-0012, 20-13-12000-0013, 20-13-01000-0004, 20-13-01000-0013, 20-13-
01051-0018, 20-13-01051-0014, 20-13-01051-0015, 20-13-01051-0013, 20-13-01051-0012, 20-13-
01051-0008, 20-13-01051-0007, 20-13-01051-0006, 20-13-01051-0002, 20-13-01051-0001, 20-13-
01051-0016, 20-13-01000-0011, 20-13-01051-0017.
3. Site Information:
Total Property Size: 445.42 acres
Number of Lots: 17, to be rezoned to a PUD and platted into 89 lots
Domestic Water: Easton Water District, Public Water System
Sewage Disposal: Individual onsite septic, shared septic, and large onsite septic (LOSS)
as needed
Power/Electricity: Puget Sound Energy
Fire Protection: Kittitas County Fire District #3
Irrigation District: N/A
4. Site Characteristics:
North: Steep slopes and forest cover.
South: Gentle inclines, forest cover, Bonneville Power Easement
East: Steep slopes, forest cover
West: Area of proposed subdivision, and current quarry operation.
5. The site is accessed off of East Sparks Road.
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6. The subject property is located approximately seven miles northwest of Roslyn off of East Sparks Road,
and is zoned Rural-5.
7. The purpose of Rural-5 zones is to provide areas where residential development may occur on a low
density basis.
8. A primary goal and intent in siting Rural-5 zones is to minimize adverse effects on adjacent natural
resource lands.
9. The applicant seeks a rezone from the Rural-5 zone to a PUD. The purpose of the PUD zone is to
provide for departures from strict compliance with the zoning standards outlined in other sections of this
Title for projects that can demonstrate that such departures will protect the public interest and
accomplish one or more of the following objectives:
9.1 To encourage more innovative design than is generally possible under conventional zoning and
subdivision regulations;
9.2 To encourage more economical and efficient use of land, streets, and public services;
9.3 To preserve and create usable open space and other amenities superior to conventional
developments;
9.4 To preserve important natural features of the land, including topography, natural vegetation, and
views;
9.5 To encourage development of a variety of housing types and densities;
9.6 To encourage energy conservation, including the use of passive solar energy in project design
and development to the extent possible;
9.7 To encourage development of areas or site characterized by special features of geography,
topography, size, shape;
9.8 To permit flexibility of design that will create desirable public and private open space, to vary
the type, design and layout of buildings,; and to utilize the potentials of individual sites and
alternative energy services to the extent possible;
10. Applications for a Planned Unit Development, a Conditional Use Permit and a preliminary plat were
submitted to Kittitas County Community Development Services (CDS) on December 22, 2016. The
application was deemed incomplete on January 13, 2017. Additional information was submitted, and the
application was deemed complete on June 19, 2017. On June 21, 2017 a Notice of Application and a
Notice of SEPA were mailed to all state and local agencies/departments with potential interest in the
project and as required by SEPA, as well as to adjacent landowners located within five hundred (500) feet
of any portion of the boundary of the proposal's tax parcel. On June 20, 2017 Notice to the Daily Record
was posted. The site was posted with a sign for Notice. An error was discovered in the Notice, and the
Notice of Application was re-issued to adjacent landowners on June 14, 2017. The Notice of SEPA Action
and Public Hearing was issued on September 26, 2017.
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11. Applicable agencies, adjacent property owners and interested parties were given the opportunity to review
the proposal. The following agencies and individuals provided comments:
11.1 Washington Department of Fish and Wildlife (WDFW)
11.1.1 In a comment letter dated July 20th, 2017, WDFW makes reference to its comments on
Draft EIS related to the original proposal in a letter dated April 2nd, 2010, and provides
additional comment on the revised proposal. In the original comment letter, WDFW
identified several concerns. These included:
11.1.1.1 The number of lots was excessive considering the terrain.
11.1.1.2 Elimination of mountain goat habitat.
11.1.1.3 Habitat connectivity.
11.1.1.4 Impacts to Silver Creek, a fish bearing stream.
11.1.1.5 Habitat impacts on the steep slopes to the east of the development.
11.1.1.6 Alluvial fans and debris flow hazards.
11.1.1.7 Firefighting issues.
The comment letter identified Alternative 5 of the DEIS as the least harmful alternative.
In its comment letter on the revised proposal, WDFW provides additional concerns. These include:
11.1.1.8 Wildlife connectivity and use;
11.1.1.9 Alterations to streams;
11.1.1.10 Increased fire risk;
11.1.1.11 General habitat impacts related to development;
11.1.2 WDFW Recommendations
In the two comment letters, the following mitigation measures are recommended:
11.1.2.1 Adoption of the least harmful alternative, Alternative 5 in the DEIS.
11.1.2.2 Exclusion of proposed parcels on the steeper, eastern portion of the site.
11.1.2.3 Dedication of the entire area east of the transmission lines as open space
with an easement, and development of a management plan for the open
space easement.
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11.1.2.4 Avoidance of fencing that blocks animal movement.
11.1.2.5 Establishment of travel corridors.
11.1.2.6 Reassessment of streams during high spring flows in order determine
appropriate setbacks.
11.1.2.7 Implementation of a Fire Management Plan.
11.1.2.8 Use of lighting that reduces glare and outward light.
11.1.2.9 Landscaping with native plants.
11.1.2.10 Limitations on the amount of clearing and grading to the minimum
necessary.
11.1.2.11 Employing speed limits to reduce wildlife collisions;
11.1.2.12 Restrictions on leaving food sources and other attractants outside of homes.
11.1.3 County Response
As described in the SEPA Addendum, the reduced density to the east of the
development, along with the corridor in the revised proposal, will provide sufficient
open space. The following are recommended as conditions of approval:
11.1.3.1 Reassessment of a non-fish stream mapped at the southern portion of the
site during high spring flows to determine necessary setbacks under KCC
17A.07 to be incorporated into a stormwater management plan.
11.1.3.2 A fire management plan shall be prepared and implemented, with building
covenants to ensure that homes are built with fire prevention measures.
11.1.3.3 Use of lighting that reduces glare and outward light that may affect
nocturnal wildlife such as migrating birds.
11.1.3.4 Landscaping with native plants to reduce overall habitat loss.
11.1.3.5 Limit amount of clearing and grading to only the amount needed for a
footprint, existing habitat structures such as shrubs, logs and snags can and
do provide immense wildlife benefit even in developed settings.
11.1.3.6 Employing speed limits to reduce wildlife collisions on roads.
11.1.3.7 Restricting residents from leaving food sources and other attractants outside
of homes that will encourage large wildlife (such as bears) near homes where
human/wildlife conflict can arise.
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11.2 Washington Department of Transportation (WSDOT)
11.2.1 In a comment letter dated July 31, 2017, the WSDOT identified a concern related to the
proposal. The agency identified the proposal as incompatible with its Airport Land Use
Compatibility program, with densities within Airport Safety Zones (ASZs) higher than
is recommended under the Program.
11.2.2 County Response
Kittitas County Public Works has reviewed the proposal for compliance with KCC
17.58 Airport Zone. In addition, the Applicant is encouraged to contact the WSDOT
Aviation Division to explore opportunities for mitigation measures to allow increased
density within the Airport Safety Zones. Such discussion and agreement will be a
condition in the Development Agreement.
11.3 Kittitas County Public Works
In a comment letter dated July 28th, 2017 Kittitas County Public Works lists the following
recommended conditions of approval:
11.3.1 The following conditions apply and must be completed prior to final approval of this
project. A performance guarantee may be used, in lieu of the required improvements
per the conditions outlined in KCC 12.01.150.
11.3.2 The division of land is vested, and shall conform to the current Kittitas County Code
Chapter 12 Road and Bridge Standards dated December 15, 2015.
11.3.3 The number of units associated with the campsites and RVs shall be identified in order
to determine road standards.
11.3.4 The Traffic Impact Analysis dated December 19, 2016 will suffice for this proposal.
11.3.5 Loop roads will satisfy the second access requirement as long as both connecting points
loop back to a road built to a Public Road Standard. Loop Roads are required to have
two separate accesses to a Public Road. Public Roads are not capped by number of
lots/units that can access.
11.3.6 The face of the plat shall show how lot 19 will be accessed.
11.3.7 Plans for on-site stormwater and construction stormwater shall be submitted in
accordance with current Kittitas County Road and Bridge Standards dated December
15, 2015.
11.3.8 Road plans shall be submitted in accordance with Kittitas County Road and Bridge
Standards dated December 15, 2015.
11.3.9 Locations identified for snow storage shall be designed to accommodate storage for 84
inches of annual accumulation for the square footage of all roadways and parking areas.
Snow storage areas accommodating public roadways shall be included in the public
right of way dedication.
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11.3.10 Roadways brought on the system by the County, following the process as outlined in
Kittitas County Code Chapter 12, shall have said right of way dedicated to the county
on the plat.
11.3.11 Road naming applications for all new roadways will need to be completed prior to final
approval. The new established road names will need to be shown on the face of the plat.
11.3.12 Plat notes shall reflect the following:
11.3.12.1 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 and formally adopted by the Kittitas County
Board of County Commissioners.
11.3.12.2 Maintenance of access is the responsibility of property owners who benefit
from its use.
11.3.12.3 An approved access permit will be required from the Department of Public
Works prior to creating any new driveway access or performing work within
the county road right-of-way.
11.3.12.4 Any further subdivision or lots to be served by proposed access may result
in further access requirements. See Kittitas County Road Standards.
11.3.12.5 A public utility easement 10 feet in width is reserved along all lot lines. The
10 foot easement shall abut the exterior plat boundary and shall be divided 5
feet on each side of interior lot lines. Said easement shall also be used for
irrigation.
11.3.13 All plats must show the acceptance signature block of the Public Works Director. The
acceptance block shall be as follows:
EXAMINED AND APPROVED
This____ day of____, A.D., 20___.
Kittitas County Public Works Director
11.3.14 The approach surfaces listing in the current Bowers Field Airport Layout Plan
inaccurately impose Bowers Field runway protection zones on Easton Airport. The
relatively short runoff length of 2,571 feet supports a threshold siting surface of 15:1,
at 2000 lineal feet from the end of the runway, a structure must be less than 133 feet
above the elevation of the airport (2,221 MSL). At 2,000 lineal feet from the end of
the runway, a structure must be less than 100 feet above 2,221 MSL supporting the
runway approach surface. In summary, no structure shall perforate the following
surfaces: 15:1 for existing threshold siting surface and 20:1 for approach surface.
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11.3.15 Electrical interference with navigational signals or radio communication between the
airport and aircraft is prohibited and will be regulated in accordance with rules and
regulations promulgated and enforced by the Federal Communications Commission
(FCC) and Federal Aviation Administration (FAA) regulations.
11.3.16 Activities or uses that create lighting which make it difficult for pilots to distinguish
between airport lights and non-airport lights or that create glare in the eyes of pilots
using the airport are prohibited. All outdoor lighting fixtures shall be arranged and
shielded so that area lighting shall not shine into the sky.
11.3.17 Activities or uses that create excessive amounts of dust, smoke, or other emissions that
may result in impairment of visibility in the vicinity of the airport are discouraged and
will be regulated in accordance with rules and regulations promulgated and enforced by
the Washington State Department of Ecology under the Clean Air Act and other state
and federal regulations.
11.3.18 Following review of title documents, any access to the multitude of access easements
through Section 1 shall not be inhibited by a gate or similar structure.
11.4 Easton School District
11.4.1 In a comment letter dated June 13th, 2017, the Easton School District identifies
concerns related to capital costs and inadequate school impact fees collectable under
RCW 82.02.050. Using the maximum impact projected in the FEIS, the District’s
calculations project a $100,000 budget deficit. The District expressed concerns that the
District’s currently low levy rates will have to be increased to cover the shortfall.
11.4.2 County Analysis
On page 139 of the FEIS, mitigation measures are proposed. These include:
11.4.2.1 Dedication of land to site school facilities.
11.4.2.2 Financial contributions for site acquisition and building construction.
11.4.2.3 Financial contributions to fund transportation facilities expansion.
11.4.3 The School District’s analysis used the maximum impact projections of homes
associated with the proposal, Alternative 1 and 2 within the FEIS, with 443 units and a
maximum student addition of (pg. 135). Impacts to schools are addressed. Alternatives
3D and 5 are most similar to the Revised Proposal in terms of school impacts, with 113
units. At that development level, the additional student population ranges between 21
and 67 students over the course of a 10 year build out.
11.4.4 The applicant shall contact the School District to enter into discussions to develop
acceptable mitigation measures to accommodate the increased student population.
Mitigation measures shall be included in the Development Agreement.
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11.5 Washington Department of Health (DOH)
11.5.1 DOH submitted comments on July 20, 2017 s tating that the Easton Water District
system can serve the expected number of additional connections. DOH requires the
following:
11.5.1.1 Marian Meadows/Easton Water District shall confirm an intended connection
to the Easton Water District, and then submit estimated water usage
quantities, so that DOH can determine whether the precise number of new
connections that are proposed for Marian Meadows can be served by the
existing system, or apply for a new Group A Community public water
system with the DOH Office of Drinking Water.
11.5.1.2 Marian Meadows shall identify how wastewater will be managed.
11.5.1.3 The Applicant shall submit documentation and engineering design for
proposed water extension to DOH for the review and approval.
11.5.1.4 County Analysis
The County has no further analysis in relation to State DOH requirements.
11.6 Kittitas County Environmental Health
11.6.1 In order to satisfy Environmental Health requirements the applicant must provide
written documentation from the water purveyor indicating the water district commits
the appropriate number of connections for the entire project (made therefore
unavailable to any other lots) prior to final signoff. Additionally the design approval of
the large onsite septic system must be submitted to Washington State Department of
Health for approval through the state LOSS process.
11.6.2 County Analysis
No further analysis is required in regard to these requirements.
11.7 Kittitas County Fire District # 3
11.7.1 In a comment letter dated July 17th, 2017, The Kittitas County Fire District #3 listed
several concerns. These concerns include updrafts on slopes, and excessive density
allowing wildfires to spread, and congestion associated with a single access which may
prevent firefighter access to the development. The Fire District also states that
construction of the town houses may necessitate a ladder engine the District currently
does not possess, along with the infrastructure to store it.
11.7.2 County Analysis
Mitigation measures are listed in the FEIS. They include:
11.7.2.1 Avoid residential lots in the steep forested portion of the site.
11.7.2.2 Provide secondary access via bridge over Yakima River or from the north
and connecting to Silver Creek Road.
11.7.2.3 Maintain road grades no greater than 10%.
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11.7.2.4 Support a single station to co-locate facilities by providing a site and
contribute proportional share to fund a new fire truck.
11.7.2.5 Built in fire suppression.
11.7.2.6 Require non-combustible areas immediately adjacent to buildings, and
reduce and irrigate vegetation in the 30- to 50-foot circumference of
buildings.
11.7.2.7 Public fire safety education.
11.7.2.8 Hospital District: A combination of regular levies and capital facility levies
would be required; project contribution to a share of equipment costs would
be required.
11.7.2.8 Fire District: Additional equipment would likely require voter approved
levies.
11.7.3 The project shall comply with KCC Title 12 Roads and Bridges, Title 13 Water and
Sewers, 13.35.020 Water Availability, and Title 20 Fire and Life Safety.
11.8 Bonneville Power Administration (BPA)
11.8.1 The Bonneville Power Administration provided a comment letter dated July 2017. In
the letter, BPA expressed the following concerns related to development in and near its
right of way.
11.8.2 County Analysis
To mitigate these impacts, the following conditions are required:
11.8.2.1 The plat map shall include the following note: “The Bonneville Power
Administration imposed certain conditions on the portions of these lots
encumbered by its high voltage transmission line right-of-way. BPA does
not allow structures to be built within the right-of-way, nor does it allow
access to be blocked to any transmission facilities. Any activity that is to
occur within the right-of way may be addressed to BPA real Estate Field
Services at (877) -417-9454”.
11.8.2.2 BPA shall be allowed the opportunity to review the location of proposed
roads, use of existing access roads, snow storage, utilities, etc. to ascertain
whether or not the uses can be permitted.
11.8.2.3 The owner shall submit a land use application, the associated $250
application fee, and acquire a Land Use Agreement from BPA in addition to
the County’s building permit for any portion of the owner’s development
plans that lie within BPA’s right-of-way.
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11.9 Kittitas County Building Official
11.9.1 The Kittitas County Building Department commented on the proposal on June 23rd,
2017, stating that “All construction of buildings shall conform to most current adopted
edition of the IBC, IFC, IRC and Washington State Amendments as well as any other
building codes adopted by Washington State at the time of building permit submittal.”
11.9.2 County Analysis
Compliance with these codes will be required at the time of building permit submittal.
No further analysis is required for these recommendations.
11.10 Public Comments
Public comments are shown in Exhibit # 65. Comments received included the following concerns:
11.10.1 Rural Density and Character
Several comments raised concerns over the density of the proposed
development and maintenance of rural character. Density and rural character
related issues are examined in Sections VI and VII.
11.10.2 Police Service
Mitigation for impacts to police services is discussed in the FEIS (pg. 3-158). Fair
share contributions can be made from the project to provide resources for additional
personnel as well as equipment or facilities to accommodate police response.
11.10.3 Wildlife Habitat
Applicant is required to develop a Wildlife Habitat Management Plan in
coordination with WDFW and to provide an updated wetland report with site
reconnaissance to occur in the wet season / spring high flows. Additional mitigation
measures are discussed in the FEIS, and include:
11.10.3.1 A Fire Management Plan be developed and implemented.
11.10.3.2 Outdoor lighting restrictions.
11.10.3.3 Native landscaping.
11.10.3.4 Retain native vegetation where clear & grade is not required for roads,
utilities, and structures.
11.10.3.5 Traffic slowing measures. Outdoor food waste management plan
for homeowners.
11.10.4 Mail Service
Mitigation measures proposed in the EIS will address these concerns, including
potential acquisition of a new post office or rural mail delivery service.
11.10.5 East Acres Plat CC&Rs
The CC&Rs on the East Acres plat are a civil matter to be sorted out between the
relevant parties.
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11.10.6 Roads
Mitigation measures proposed in the EIS will address transportation concerns, which
included:
11.10.6.1 Simple change from one-way stop control to an all-way stop control would
improve the LOS from LOS F to LOS C.
11.10.6.2 Widening the off-ramp (I-90 West/Railroad Street) approach to include a
left-turn pocket would improve from LOS D to LOS C.
11.10.6.3 Widening northbound approach (Railroad St) to include a left-turn lane and
eliminating the stop signs on the eastbound approach (Sparks) and
northbound approach to allow through movement from Railroad to Sparks
would improve to LOS C.
11.10.6.4 Alternatively, a roundabout would improve from LOS F to LOS A.
11.10.6.5 Addition of a median refuge (merging area) for southbound left movements
from Pit Way onto Sparks would improve from LOS E to LOS C.
11.10.7 All-Terrain Vehicles (ATVs)
ATVs are regulated under KCC 10.24 and under RCW 46.09 with the additional
requirement that wheeled all-terrain vehicles have head lights that are utilized at all
times, shall be allowed on county maintained roads that have posted speed limits of 35
miles per hour or less. All ATV use within the Marian Meadows PUD will conform to
these provisions.
11.10.8 Air Quality
Mitigation measures proposed in the EIS will address concerns, which included:
11.10.8.1 Construction maintenance and operations requirements.
11.10.8.2 Restriction on wood burning stoves.
11.10.8.3 HOA materials for safe operations of BBQs, pesticides, smoking,
combustible engines, and fireworks.
11.10.9 Lot Size
The County’s PUD Ordinance provides for smaller lot sizes. The project’s consistency
with KCC Title 16 Subdivisions, and Title 17 Zoning, and Chapter 17.36 will be
addressed in the conditions of approval.
11.10.10 Permanent Residency
The proposal is for single-family attached and detached residential units, as well as RV
storage and camp sites. The County cannot mandate that home owners be full-time
residents.
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11.10.11 Impacts to schools
Impacts to schools are addressed in the FEIS, starting on pg. 124. Mitigation
measures are discussed on pg. 139, and are further discussed on pg. 30 of the
SEPA Addendum.
11.10.12 Airport Safety
Mitigation measures are discussed within the FEIS on pg. 106. Measures listed include:
11.10.12.1 Avoidance of building within the ASZ.
11.10.12.2 Develop with 1 du/3 acres.
11.10.12.3 Develop with 1 du/5 acres.
11.10.12.4 Require outdoor lights be shielded.
11.11 Kittitas County Public Works
11.11.1 Kittitas County Public Works has reviewed the proposal for consistency with KCC
Title 12 Roads and Bridges, and has recommended preliminary approval with
conditions outlined in its comment letter. According to Public Works comments, the
proposed development would reduce Level of Service from LOS A to LOS B, which
would still provide service levels above the county’s adopted LOS C standard.
11.11.2 Further, Kittitas County Public Works has reviewed the proposal for consistency with
KCC Title 19, and has recommended preliminary approval, subject to conditions within
its comment letter.
12. The applicant applied for a similar use to Kittitas County Community Development Services (CDS) in
2006 at which time SEPA review was performed and a Determination of Significance was issued (April 30,
2007) and the applicant appealed. The Kittitas County Board of County Commissioners voted to deny the
appeal on July 11, 2007. Subsequently, a Final Environmental Impact Statement (FEIS) was prepared, and
was finalized on June 11, 2011 (Exhibit # 120). WAC 197 -11-600 provides for the adoption of existing
environmental documents. Kittitas County found that the use applied for in this instance represents a
diminished environmental impact from the one originally applied for in 2006 and therefore it utilized the
provisions allowed for in the citation above to adopt the existing FEIS.
13. The Kittitas County Community Development Services recommended approval of this preliminary plat,
planned unit development and conditional use permit, subject to the recommended conditions of approval.
14. An open record public hearing after due legal notice was held on October 12, 2017.
15. Admitted into the record were the following Exhibits:
15.1 Exhibit 1. Record of Survey;
15.2 Exhibit 2. Record of Survey;
15.3 Exhibit 3. Legal Description;
15.4 Exhibit 4. ROW Grant;
15.5 Exhibit 5. Access Road Easement;
15.6 Exhibit 6. Warranty Deed;
15.7 Exhibit 7. BLA 2003;
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15.8 Exhibit 8. Easton Flats Short Plat;
15.9 Exhibit 9. Recorded Easements;
15.10 Exhibit 10. Water Main Easement;
15.11 Exhibit 11. Land Lease Agreement;
15.12 Exhibit 12. Easton Acres CC&Rs;
15.13 Exhibit 13. Quit Claim Deed, Easements, Leases, Etc.;
15.14 Exhibit 14. Letter of Transmittal;
15.15 Exhibit 15. Subdivision Guarantee;
15.16 Exhibit 16. Stream and Wildlife Assessment;
15.17 Exhibit 17. Stormwater Report;
15.18 Exhibit 18. Preliminary V;
15.19 Exhibit 19. Preliminary IV;
15.20 Exhibit 20. Preliminary Plat III;
15.21 Exhibit 21. Preliminary Plat II;
15.22 Exhibit 22. Preliminary Plat;
15.23 Exhibit 23. Preliminary Development Plan IV;
15.24 Exhibit 24. Preliminary Development Plan III;
15.25 Exhibit 25. Preliminary Development Plan II;
15.26 Exhibit 26. Preliminary Development Plan;
15.27 Exhibit 27. Easton Drinking Water DOH Permit;
15.28 Exhibit 28. Drinking Water Permit Letter Easton;
15.29 Exhibit 29. On Site Sewage;
15.30 Exhibit 30. Site Plan III;
15.31 Exhibit 31. Site Plan II;
15.32 Exhibit 32. Site Plan;
15.33 Exhibit 33. Zone Illustrations;
15.34. Exhibit 34. Example Homes;
15.35 Exhibit 35. SEPA Compliance Document;
15.36 Exhibit 36. Phasing Illustration;
15.37 Exhibit 37. Development Agreement Application;
15.38 Exhibit 38. CUP Application;
15.39 Exhibit 39. Long Plat Application;
15.40 Exhibit 40. PUD Application;
15.41 Exhibit 41. Funding Agreement Unsigned;
15.42 Exhibit 42. Narrative;
15.43 Exhibit 43. Deemed Incomplete Response;
15.44 Exhibit 44. Land Use Projects;
15.45 Exhibit 45. Zoning Map;
15.46 Exhibit 46. Vicinity Map;
15.47 Exhibit 47. Seismic Category;
15.48 Exhibit 48. Priority Habitats;
15.49 Exhibit 49. Fire and School Districts;
15.50 Exhibit 50. Hazardous Slopes Map;
15.51 Exhibit 51. Critical Areas Map;
15.52 Exhibit 52. BPA Row;
15.53 Exhibit 53. Aerial Photo;
15.54 Exhibit 54. 500 Foot Buffer Parcels;
15.55 Exhibit 55. Site Plat with Critical Areas;
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15.56 Exhibit 56. Deemed Complete Letter;
15.57 Exhibit 57. Affidavit of Posting;
15.58 Exhibit 58. NOA Memo and Corrected NOA;
15.59 Exhibit 59. NOA Legal;
15.60 Exhibit 60. Mailing Labels;
15.61 Exhibit 61. NOA Legal Proof;
15.62 Exhibit 62. Daily Record Legal Proof;
15.63 Exhibit 63. Critical Areas Checklist;
15.64 Exhibit 64. Preliminary Plat High Resolution Image;
15.65 Exhibit 65. Public Comments;
15.66 Exhibit 66. Easton School District Comments;
15.67 Exhibit 67. KC PW Comments;
15.68 Exhibit 68. BPA Comments;
15.69 Exhibit 69. DOH Comments;
15.70 Exhibit 70. EH Comments;
15.71 Exhibit 71. WDFW 2010 Comment Letter;
15.72 Exhibit 72. WDFW Comments;
15.73 Exhibit 73. DOH Comments;
15.74 Exhibit 74. WSDOT Comments;
15.75 Exhibit 75. Soils Report;
15.76 Exhibit 76. Pre-Application;
15.77 Exhibit 77. Development Agreement Application Revised;
15.78 Exhibit 78. Conditional Use Permit Application Revised;
15.79 Exhibit 79. Long Plat Application Revised;
15.80 Exhibit 80. PUD Application Revised;
15.81 Exhibit 81. Traffic Impact Statement;
15.82 Exhibit 82. LOSS Feasibility Letter;
15.83 Exhibit 83. Well Log Change Form;
15.84 Exhibit 84. Water Well Report;
15.85 Exhibit 85. Well Log Facilities Form;
15.86 Exhibit 86. Water Resolution and Annex;
15.87 Exhibit 87. Water Mitigation Summary;
15.88 Exhibit 88. Commercial Element;
15.89 Exhibit 89. RV Complex;
15.90 Exhibit 90. Lot Illustration;
15.91 Exhibit 91. Zoning Illustration Index;
15.92 Exhibit 92. RCW Citation;
15.93 Exhibit 93. Maps SEPA Index;
15.94 Exhibit 94. Airport Mitigations;
15.95 Exhibit 95. SEPA Mitigations Geologic Map;
15.96 Exhibit 96. SEPA Mitigation Matrix;
15.97 Exhibit 97. SEPA Addendum Proposed;
15.98 Exhibit 98. Project Code and Policy Support;
15.99 Exhibit 99. CC&Rs;
15.100 Exhibit 100. Title Report and Guarantee;
15.101 Exhibit 101. Goals and Objectives;
15.102 Exhibit 102. Ownership and Alternatives Studied;
15.103 Exhibit 103. Site Characteristics;
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15.104 Exhibit 104. Vicinity Location Information;
15.105 Exhibit 105. Plat Introduction;
15.106 Exhibit 106. Funding Agreement Unsigned;
15.107 Exhibit 107. Response to WSDOT;
15.108 Exhibit 108. Response to WDWF;
15.109 Exhibit 109. Response to KC Fire District;
15.110 Exhibit 110. Certificate of Water Availability;
15.111 Exhibit 111. Applicant Response to Comments;
15.112 Exhibit 112. Additional Public Comments;
15.113 Exhibit 113. Easton Short Plat High Resolution Image;
15.114 Exhibit 114. FEIS Mitigation Measures and Applicant Responses;
15.115 Exhibit 115. Notice of SEPA Action and Public Hearing Legal;
15.116 Exhibit 116. Notice of SEPA Action and Public Hearing;
15.117 Exhibit 117. SEPA Addendum;
15.118 Exhibit 118. SEPA Adoption Form;
15.119 Exhibit 119. Emails;
15.120 Exhibit 120. Final Environmental Impact Statement;
15.121 Exhibit 121. Staff Report;
15.122 Exhibit 122. October 12, 2017 Memorandum from Dan Carlson, AICP, Community
Development Services Director;
15.123 Exhibit 123. Applicant’s narrative with six photographs;
15.124 Exhibit 124. Proposed Modification of Condition relating to decommissioning of Quarry;
15.125 Exhibit 125. October 12, 2017 Letter from Jan Sharar;
15.126 Exhibit 126. October 11, 2017 Letter from John R. Jensen with attachments;
15.127 Exhibit 127. June 13, 2017 Letter from Easton School District No. 28;
15.128 Exhibit 128. October 12, 2017 letter from Easton School District No. 28;
15.129 Exhibit 129. SEPA referenced to increased students;
15.130 Exhibit 130. October 12, 2017 Letter from Lynn Lopez;
15.131 Exhibit 131. October 12, 2017 Letter from Marge Brandsrud;
15.132 Exhibit 132. Written comments from Eugene Mansel.
16. Appearing and testifying on behalf of the applicant was Jerry Martens. Mr. Martens testified that he was
an agent authorized to appear and speak on behalf of the property owner and applicant. Mr. Martens
provided testimony consistent with Exhibit 123.
17. Also testifying on behalf of the applicant was Mark Kirkpatrick. Mr. Kirkpatrick also testified that he was
appearing and testifying on behalf of the applicant and property owner. Mr. Kirkpatrick testified regarding
the interior roads and the snow management plan.
18. Also appearing and speaking on behalf of the applicant was attorney, Duana Kolouskova.
19. The following individuals testified at the hearing:
19.1 Myrna Jensen.
19.2 John Jensen.
19.3 Kent Shoop.
19.4 Patrick Dehuff.
19.5 Lynn Lopez.
19.6 Marge Brandsrud.
19.7 Debbie Ogura.
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19.8 Eugene Mansel.
19.9 Barbara Lowrey.
19.10 Jason B. Moulton.
19.11 Terri Campbell.
19.12 Cynthia McLaughlin.
19.13 Barbara Davidson.
20. The testimony from the pubic convincingly set forth facts that the ability to travel through East Sparks
Road in winter months, especially after heavy snowfall, is significantly impaired. This is especially true
when Interstate 90 is closed westbound from Easton. Vehicles exiting the highway, including semi-tractors
and trailers, mistakenly believe that the East Sparks Road provides a way to either return to the freeway
traveling eastbound or otherwise provided sufficient space for tractors and trailers to turn around. This is
an existing condition that is created by occasional and irregular events. The record contains evidence that
the existing situation would be exacerbated by the proposed development. Traffic Engineers Northwest,
page 11 of the “Traffic Impact Study EIS Consistency of Traffic Impacts – Marion Meadows”, dated 10-
31-16, under “Conclusions” states: “To mitigate for the unlikely potential of blockage of Sparks Road
west of County Road, the applicant should develop and submit an alternative site access plan of one or
more options for County review that could be utilized by residents in the event of blockage of the primary
site access road (namely Sparks Road).”
21. Staff indicated that the four large lots created by this plat are not eligible for future development or division
(lots 1-4, Exhibit 90).
22. 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.
23. The proposed use will not cause significant adverse impacts on the human or natural environments that
cannot be mitigated by conditions of approval.
24. The proposal will be served by adequate facilities including access, fire protection, water, storm water
control, and sewage disposal facilities.
25. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this
reference.
26. The Kittitas County Board of Commissioners remanded the above referenced matter to the Hearing
Examiner to reopen the record in order to make additional Recommended Findings of Fact regarding
whether the project meets the criteria set forth in KCC 17.36.045.
27. The Hearing Examiner reopened the record by Order dated January 9, 2018.
28. Although the Kittitas County Board of Commissioners remanded this matter to the Hearing Examiner to
make Recommended Findings of Facts specifically related to KCC 17.36.045, the Hearing Examiner notes
that according to the first criteria set forth in 17.36.045(1)(a)(i) in the evaluation of the project, the
decision maker must determine whether or not the PUD complies with all of the amendment criteria in
KCC Chapter 17.98. Accordingly, the Hearing Examiner will first review the criteria set forth in KCC
17.98 and then will examine the criteria set forth in KCC 17.36.045(1)(a) and (b).
Kittitas County Code 17.98.020
29. KCC17.98.020(1):
A petition to amend this title shall be filed with the administrator on forms prescribed by the Director. If
the petition is for an amendment to the zoning map it shall include a legal description and location of
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the property to be reclassified. This criteria has been met.
30. KCC17.98.020(2):
A petition asking for a change from one zone to another must be signed by not less than seventy-five
percent (75%) of the property owners and representing at least seventy-five percent (75%) of the assessed
valuation of the area proposed for the zone reclassification. This criteria has been met.
31. KCC17.98.020(3):
Any member of the general public has the right to petition the Board or planning commission for
consideration of text amendments or change from one zone to another for a general area. Such
consideration is not mandatory. This criteria has been met.
32. KCC17.98.020(4):
Petitions shall be processed pursuant to Title 15A of this code, Project permit application process. This
criteria has been met.
33. KCC17.98.020(5):
A petition requesting a change on the zoning map shall be processed consistently with the Annual
Comprehensive Plan Docketing Process, pursuant to KCC Title 15B, unless the petition is consistent with
the Comprehensive Plan land use designation of the property and accompanied by a specific development
application. This criteria has been met.
34. KCC17.98.020(6):
A petition requesting a change on the zoning map from one zone to another must demonstrate that the
following criteria are met:
34.1 KCC 17.98.020(6)(a):
This provision has been primarily met because the proposed amendment is compatible with the
comprehensive plan designation of rural residential. As set forth in the Kittitas County
Comprehensive Plan, rural residential lands are those adjacent or near to urban growth areas and
while they have a lower population density than urban areas, their density is higher than most rural
areas. The purpose of rural residential lands are to allow for residential development that has a
rural character and a variety of densities without the expectation of all urban services. While
commercial activity is not expected, it’s not prohibited. The project being considered is consistent
with the Comprehensive Plan. It is primarily a residential development with other uses consistent
with rural lands. While there is a general clustering of the residential units, the benefit is
substantial open space. While of course there are visual impacts, they are limited due the limited
area of land being developed.
34.1.1 Numerous Goals, Policies, and Objectives (GPOs) apply to this proposal. These include GPOs
3.14, 3.15, GPO 3.13, GPO 2.14, GPO 2.7, GPO 8.33, GPO 8.5, GPO 8.56, and GPO 8.8.
34.1.1.1 GPO 2.7 Kittitas County will maintain a flexible balance of land uses which will
protect, preserve, and enhance the rural character, historical forest lands, agricultural
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industries, mineral lands, and high quality environment.
As conditioned, the project meets this GPO. It promotes a flexible balance of land uses
by concentrating development high density area on the western side, and leaves low
density development to the east, while including RV facilities.
34.1.1.2 GPO 2.14 Kittitas County will continue to explore incentives for farming and
ranching to continue as significant land uses, for example, innovative cluster platting,
transfer of development rights, and planned unit developments.
As conditioned, the proposal is consistent with this GPO. The planned unit
development creates incentives for development while leaving surrounding
agricultural lands intact.
34.1.1.3 GPO 3.13 Provide for housing to be developed which is affordable to all economic
groups.
The mix of single and multi-family housing proposed is consistent with this GPO.
34.1.1.4 GPO 3.14 Designate high-density residential land use zones such PUDs, cluster
development, and MPRs outside of Urban Growth Areas.
Located outside of Urban Growth Areas, the proposed location is consistent with this
GPO.
34.1.1.5 GPO 3.15 Provide for a range of housing types within Kittitas County.
The mix of single and multi- family housing proposed is consistent with this GPO.
34.1.1.6 GPO 8.33 Planned Unit Developments (PUD) in rural areas can only be established
where such developments will not result in high density environments which require
urban services and reduce maintenance of rural character.
The proposal meets the underlying density for the Rural-5 zone. If the applicant
provides support for fire, hospital and school services as part of a development
agreement, impacts to rural levels of services will be mitigated for consistency
with this GPO.
34.1.1.7 GPO 8.5 In order to protect and preserve Resource Lands, non-resource development
and activities on adjacent Rural lands shall require preservation of adjacent vegetation,
existing landforms (e.g. ravines) or use of other methods that provide functional
separation from the resource land use.
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As proposed, the project is consistent with this GPO. The northern part of the property
bordering the Commercial Forest in the Rural Resource Land Use Designation will be
kept primarily in its natural vegetative state.
34.1.1.8 GPO 8.56 Developments located for commercial, residential/recreational purposes,
such as Master Planned Resorts or Planned Unit Developments, shall have adequate
water, septic and public facilities to service such development without over-burdening
the County public services.
Conditional upon fair share payments as part of a Development Agreement, the
proposal is consistent with this GPO.
34.1.1.9 GPO 8.8 A certain level of mixed uses in rural areas and rural service centers is
acceptable and may include limited commercial, service, and rural industrial uses.
The mixed uses of residential, commercial, and recreation are consistent with this GPO.
34.2 KCC 17.98.020(6)(b):
This provision has been met because the proposed amendment bears a substantial relation to the
public health, safety or welfare because, and a planned unit development is consistent with the
zoning and comprehensive plan designations for this area. Substantial evidence is set forth within
the environmental impact statement demonstrating the public benefits of this development,
including improved infrastructure, roadways and financial contributions to the school system. The
development has positive impacts on the airport safet y zone. Level of service on various
roadways will be improved. The development agreement associated with this project is intended
to require the applicant to provide many improvements to the roads and schools in the area.
34.3 KCC 17.98.020(6)(c):
This provision has been met because the proposed amendment has merit and value for Kittitas
County or a sub-area of the county because of those reasons set forth in 34.2 above. This area is a
prime area for residential development. The PUD zoning designation will allow flexibility and
creativity to maximize the benefits to Kittitas County and to neighboring residents.
34.4 KCC 17.98.020(6)(d):
This provision has been met because the proposed amendment is appropriate because of changed
circumstances or because of a need for additional property in the proposed zone or because the
proposed zone is appropriate for reasonable development of the subject property because, the
proposed PUD as appropriate for reasonable development of the subject property. The property is
very well suited and appropriate for residential development. It is zoned for residential
development. It is reasonable that this property be developed for the residential development
with the amenities of the park and recreational vehicle amenities. The property is relatively flat
and is near public services. This property will be developed in some manner. This development
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has significantly less density than an earlier proposal. Residential uses with R.V. storage, an R.V.
park and campground and an R.V. service center are all appropriate developments for this
property.
34.5 KCC 17.98.020(6)(e):
This provision has been met because the subject property is suitable for development in general
conformance with zoning standards for the proposed zone because, the project is of primarily a
residential use and although the residential units will be closer together than zoning allows, the
property will still be generally developed in conformance with the Kittitas County Code. In
addition, significant mitigation measures are required through the Final Environmental Impact
Statement as well as through the Development Agreement to ensure general conformance with the
zoning standards.
34.6 KCC 17.98.020(6)(f):
This provision has been met because the proposed amendment will not be materially detrimental
to the use of properties in the immediate vicinity of the subject property because, although there
was substantial public comment regarding concerns for impacts on neighboring properties, the
mitigation measures set forth in the FEIS and the Development Agreement are substantial and will
mitigate the adverse consequences of this development.
34.7 KCC 17.98.020(6)(g):
This provision has been met because, the proposed changes in use of the subject property shall not
adversely impact irrigation water deliveries to other properties because irrigation is not available
to the subject property and there has been no indication of any disruption of irrigation services
throughout the area.
34.8 KCC 17.98.020(6)(h):
The proposed amendment is in full compliance with KCC Chapter 17.13, Transfer of
Development Rights, if the proposed amendment allows greater than one (1) dwelling unit (du) per
twenty (20) acres or proposes to decrease the dwelling units (du) allowed in the zone
classification. This provision does not apply.
Kittitas County Code 17.36.045 (1)(a)
35. Criteria applicable to all PUDs:
35.1 KCC 17.36.045(1)(a)(i):
PUD complies with all amendment criteria in KCC Chapter 17.98 because of additional Findings
of Fact 26 to 34 above.
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35.2 KCC 17.36.045(1)(a)(ii):
PUD makes economic and efficient use of land, streets, and public services because although the
total subject property size is approximately 445 acres, only 170 of those acres are to be rezoned
into a Planned Unit Development and platted into 89 lots. The domestic water will be supplied by
the Easton Water District, a Public Water System and sewage will be through individually onsite
septic, shared septic and large onsite septic as needed. Public services will have one defined area
with which to service and street will be efficiently and centrally located, again towards the goal of
efficient and economic use of public services.
35.3 KCC 17.36.045(1)(a)(iii):
PUD preserves usable open space, important natural features, and other amenities because the vast
majority of the property, including the hillside which is part of the property to the north, as open
space preserving the natural features and wildlife habitat that open space affords. Of course
having 89 residential lots on 170 acres will be disruptive to wild life in that specific area.
However, the vast majority of this 445.42 acres will remain as undeveloped open space. This
open space is usable for hiking, sightseeing and other recreational activities.
35.4 KCC 17.36.045(1)(a)(iv):
PUD provides site design features that reasonably mitigate off-site impacts because the primary
impact concerns are that of impacts to wildlife and traffic impacts. It should be noted that this
Planned Unit Development will be subject to covenants, conditions and restrictions impacting
property owners use of their own property. The purpose of the covenants are to protect the value
and desirability of the properties which will also benefit the county by imposing certain
restrictions on the use of the property, those restrictions being greater than those within the county
code. Although the site is accessed off of East Sparks Road, the Development Agreement and
Conditions of Approval will effectively mitigate those potential adverse consequences to traffic.
Due to traffic improvements that are part of this project, level of s ervice for various area road
intersections will actually improve. The final environmental impact statement also sets forth
mitigation measures, incorporated as Conditions of Approval, to the identified likely
environmental impacts.
35.5 KCC 17.36.045(1)(a)(v):
Public benefits of the PUD outweigh the effect of the modification of underlying zoning standards
because the 170 acres that are being utilized for the Planned Unit Development for residential and
conditional uses is the most usable area of the combined subject properties. It would not make
sense to rezone the property because the vast majority of the property is not reasonably buildable
for residential or commercial use. The effects of this Planned Unit Development could not be
achieved through a rezone of the subject property, and the public benefits set forth in the
Development Agreement and Conditions of Approval will require significant improvements to
public infrastructure. There will also be tax benefits to Kittitas County as a result of the
development of this property. Finally, the overall density is consistent with the underlying zoning.
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Kittitas County Code 17.36.045 (1)(b)
36. Additional criteria applicable to PUDs on Rural Lands:
36.1 KCC 17.36.045(1)(b)(i):
PUD is developed in a manner that maintains rural character. This criteria is met. The vast
majority of the subject property will remain in open space, preserving its rural appearance and
character. While there will be concentrated residential development within 170 of the 445 acres of
the subject property, this does not destroy the rural character of the area. Certainly, there will be
more vehicle traffic as a result of this residential use. Certainly, there will be vehicle traffic due to
the recreation use within the conditional use/campground area. However, the campground and
recreational vehicle storage areas are for the use of property owners only, and not to be sold,
rented, leased or otherwise used by the nonresident public. While there was testimony that this
restriction of use was proof that there was no public benefit, just the opposite is true. The public
benefit is that the traffic to the recreational properties, campground and the recreational vehicle
storage areas will be only traffic generated from the residents and storage unit owners of the PUD.
36.2 KCC 17.36.045(1)(b)(ii):
Non-residential uses within PUD are designed at a scale appropriate for rural area and intended to
serve only the residents and storage unit owners of the PUD. This criteria is met because the
campground and recreational storage area are to be used exclusively by the R.V. storage unit
owners. There is proposed a recreational vehicle service center, but it is likewise a small scale and
intended to service the recreational vehicles for the units stored on site. The recreational vehicle
park will be surrounded by walls in order to deflect noise and lights emanating from the park.
There will be a central mail box center. The campground and RV park will comprise of 7.7 acres.
The RV storage area will be 27.06 acres. The campground, the RV park and storage area will be
subject to additional regulations as required within the Development Agreement. There will be 15
recreational vehicles pads they are useable only by storage unit owners and their guests. The
recreational vehicle parking and campground are small and maintain the rural character of the area.
36.3 KCC 17.36.045(1)(b)(iii):
PUD provides appropriate transitions to surrounding properties and land uses. When reviewing
the site plan, there will be a 50 foot natural buffer on the south side of the property and a 35 foot
natural buffer and 15 foot building setback on the east side of the property. The RV storage will
be on the far east of the subject property, adjacent to the access off of Sparks Road. The
campground will be in the north east corner of the developed portion of the subject property.
There are community tracts within the subject property, thereby creating more open space within
the actual developed portion of the property. Because the developed area of the property is so
small in relation to the overall size of the subject property, appropriate transitions to the
surrounding properties and adjacent land uses have been provided.
36.4 KCC 17.36.045(1)(b)(iv):
All new structures shall comply with the applicable standards contained in: (1) "Fire Safety
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Considerations for Developments in Forested Areas: Fire Hazard Severity Rating and
Recommended Standards" (Northwest Interagency Fire Prevention Group) Washington
Department of Natural Resources Severity Type Rating System; (2) standards adopted by Kittitas
County Fire Protection Cooperative - "Recommendations For Fire Safety and Prevention of Forest
and Range Land in Kittitas County Including Rural, Commercial and Private Developments";
and/or (3) Urban Wildland Interface Code for structures outside a fire district. This criteria will be
met.
36. According to KCC 17.36.025(2), the density of the underlying zone shall not be exceeded by a P.U.D.
According to KCC 17.08.197, “density” means a total number of dwelling units in relationship to a
specified amount of land, and density is a measurement used generally for residential uses. The applicant is
proposing 89 residential lots, as well additional tracts for RV storage, RV park, campground, or
community uses. The total number of lots must be limited to 89, or lots that are intended for RV storage,
RV park, campground, or community or commercial uses must be conditioned so that they cannot be
developed for residential uses.
CONCLUSIONS OF LAW
1. The Board of County Commissioners has authority to render this decision.
2. As conditioned, the proposed use is consistent with the intent, purposes and regulations of the
Kittitas County Code and Comprehensive Plan.
3. As conditioned, the proposal does conform to the standards specified in Kittitas County Code.
4. As conditioned, the use will comply with all required performance standards as specified in Kittitas
County Code.
5. 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.
6. As conditioned, this proposal does comply with Comprehensive Plan, the zoning code and other land
use regulations, and SEPA.
NOW THEREFORE, BE IT HEREBY ORDAINED the Board of County Commissioners of Kittitas County,
Washington, after due deliberation of all of the facts and in the best interest of the public, does hereby approve
said zone change from Rural-5 to Planned Unit Development, conditional use permit, and plat subject to the
following conditions:
1) The applicant shall enter into a development agreement with Kittitas County to provide a proportionate
share of mitigation for impacts to Easton School District, and Kittitas County Fire District #3 as follows:
1.1 Easton School District: Mitigation shall be provided for the impacts to school staffing,
facilities, and transportation based on a total of 53 new students. (Determined using 79%
(89 units rather than 113 units) of Alternatives 3D and 5, Tenure Scenario 1, page 3-135
of the FEIS.)
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1.2 Kittitas County Fire District #3: Mitigation shall be provided for the impacts to fire
district personal and training, facilities, and equipment based on 89 dwelling units, RV
storage, RV park, campground, or other approved commercial uses.
These impacts shall be mitigated to the satisfaction of Kittitas County.
2) The applicant shall submit to Kittitas County a final PUD development plan in accordance with KCC
17.36. The final PUD development plan shall not be approved until a development agreement has been
approved in accordance with Condition #1.
3) All development shall conform substantially to the application and accompanying materials submitted on
December 22nd, 2016.
4) The non-fish stream mapped at the southern portion of the site shall be reassessed during high spring
flows to determine necessary setbacks under KCC 17A.07 to be incorporated into a stormwater
management plan.
5) A fire management plan shall be prepared and implemented, with building covenants to ensure that
homes are built with fire prevention measures consistent with County WUIC and in compliance with
Easton Water District standards.
6) Lighting that reduces glare and outward light that may affect nocturnal wildlife such as migrating birds
shall be used.
7) Whenever feasible, landscaping with native plants to reduce overall habitat loss shall be employed.
8) Clear and grading shall be limited to only the amount needed for a footprint of structures and required
defensible space.
9) Speed limits shall be used to reduce wildlife collisions on roads.
10) Homeowners Association restrictions on residents from leaving food sources and other attractants
outside of homes that will encourage large wildlife (such as bears) near homes where human/wildlife
conflict can arise shall be included in project CC&Rs.
11) The following Public Works conditions (#12-27) apply and must be completed prior to final approval of
this project. A performance guarantee may be used, in lieu of the required improvements per the
conditions outlined n KCC 12.01150.
12) The division of land is vested, and shall conform to the Current Kittitas County Code Chapter 12 Road
and Bridge Standards dated December 15, 2015.
13) The number of units associated with the campsites and RVs shall be identified in the development
agreement and final PUD development plan in order to determine road standards. Based on the traffic
impact analysis provided by the applicant, the roads serving the RV condos shall minimally be 22 feet
paved with 60 foot of right of way (private). The roads serving the RV campsites shall minimally be 20
feet wide gravel with 60 feet of right of way (private).
26
14) Connecting points for loop roads shall loop back to a road built to a Public Road Standard. Loop Roads
shall have two separate accesses to a Public Road. Public Roads are not capped by number of lots/units
that can access.
15) Access to lot 19 shall be shown on the face of the final plat.
16) Plans for on-site stormwater and construction stormwater shall be submitted in accordance with Current
Kittitas County Road and Bridge Standards dated December 15th, 2015.
17) Road plans shall be submitted in accordance with Kittitas County Road and Bridge Standards dated
December 15, 2015.
18) Locations identified for snow storage shall be designed to accommodate storage for 84 inches of annual
accumulation for the square footage of all roadways and parking areas. Snow storage areas
accommodating public roadways shall be included in the public right of way dedication.
19) Roadways brought on the system by the County, following the process as outlined in Kittitas County
Code Chapter 12, shall have said right of way dedicated to the county on the plat.
20) Road Naming Applications for all new roadways will need to be completed prior to final plat approval.
The new established road names will need to be shown on the face of the plat.
21) Plat Notes shall reflect the following:
21.1 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 and formally
adopted by the Kittitas County Board of County Commissioners.
21.2 Maintenance of access is the responsibility of property owners who benefit from its use.
21.3 An approved access permit will be required from the Department of Public Works prior to creating
any new driveway access or performing work within the county road right-of-way.
21.4 Any further subdivision or lots to be served by proposed access may result in further access
requirements. See Kittitas County Road Standards.
21.5 A public utility easement 10 feet in width is reserved along all lot lines. The 10 foot easement shall
abut the exterior plat boundary and shall be divided 5 feet on each side of interior lot lines. Said
easement shall also be used for irrigation.
22) All plats shall include the acceptance signature block of the Public Works Director. The acceptance block
shall be as follows (per KCC 16.24.170):
EXAMINED AND APPROVED
This____ day of____, A.D., 20___.
Kittitas County Public Works Director
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23) The relatively short runoff length of 2,571 feet for Easton Airport supports a threshold siting surface of
15:1, No structure shall perforate the following surfaces: 15:1 for existing threshold siting s urface and
20:1 for approach surface.
24) Electrical interference with navigational signals or radio communication between the airport and aircraft
is prohibited and will be regulated in accordance with rules and regulations promulgated and enforced by
the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA)
regulations.
25) Activities or uses that create lighting which make it difficult for pilots to distinguish between airport
lights and non-airport lights or that create glare in the eyes of pilots using the airport are prohibited. All
outdoor lighting fixtures shall be arranged and shielded so that area lighting shall not shine into the sky.
26) Activities or uses that create excessive amounts of dust, smoke, or other emissions that may result in
impairment of visibility in the vicinity of the airport are discouraged and will be regulated in accordance
with rules and regulations promulgated and enforced by the Washington State Department of Ecology
under the Clean Air Act and other state and federal regulations.
27) Access easements on the subject property that benefit other properties shall not be inhibited by gates or
similar structures.
28) Transportation
28.1 Roads
28.1.1 The original proposal identified in the FEIS examined a 443 lot alternative. Kittitas
County Public Works has determined that the current proposal will allow a Level of
Service change from A to B, above the minimum standard of C. Mitigations proposed
in the FEIS will not be required for the revised proposal.
28.2 Airports
Much of the proposed plat falls within the Easton Airport’s Airport Safety Zones.
28.2.1 The approach surfaces listing in the current Bowers Field Airport Layout Plan
inaccurately impose Bowers Field runway protection zones on Easton Airport. The
relatively short runoff length of 2,571 feet supports a threshold siting surface of 15:1,
at 2000 lineal feet from the end of the runway, a structure must be less than 133 feet
above the elevation of the airport (2,221 MSL). At 2,000 lineal feet from the end of
the runway, a structure must be less than 100 feet above 2,221 MSL supporting the
runway approach surface. No structure shall perforate the following surfaces: 15:1 for
existing threshold siting surface and 20:1 for approach surface.
28.2.2 Electrical interference with navigational signals or radio communication between the
airport and aircraft is prohibited and will be regulated in accordance with rules and
regulations promulgated and enforced by the Federal Communications Commission
(FCC) and Federal Aviation Administration (FAA) regulations.
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28.2.3 Activities or uses that create lighting which make it difficult for pilots to distinguish
between airport lights and non-airport lights or that create glare in the eyes of pilots
using the airport are prohibited. All outdoor lighting fixtures shall be arranged and
shielded so that area lighting shall not shine into the sky.
28.2.4 Activities or uses that create excessive amounts of dust, smoke, or other emissions that
may result in impairment of visibility in the vicinity of the airport are discouraged and
will be regulated in accordance with rules and regulations promulgated and enforced by
the Washington State Department of Ecology under the Clean Air Act and other state
and federal regulations.
29) Parks and Recreation
Mitigations for impacts to Park and Recreation facilities are discussed in the FEIS, (pg. 3 -124).
Mitigations listed in the FEIS include:
29.1 Provision by the project of such facilities, or proportional contribution to the cost of
such facilities
29.2 Providing facilities for Off-Road Vehicle Use.
29.3 Maintenance of facilities on site through a Homeowners Association.
29.4 Provision of such facilities through the Kittitas County Park and Recreation District No. 1 by
means of voter approved tax assessments.
29.5 The applicant seeks to enter into a Development Agreement with the County. Mitigations for
Parks and Recreation can be determined through the Development Agreement process.
The applicant shall enter a development agreement with Kittitas County that mitigates park and
recreation impacts to the satisfaction of Kittitas County.
30) Public Services
30.1 Police Service
The FEIS examines mitigations for impacts to police services. Mitigation measures include a
fair share contribution from the project to provide additional resources, including personnel,
equipment, and facilities. Specific contribution amounts shall be determined through the
Development Agreement process.
30.2 Fire Safety/Medical Response
The FEIS includes mitigation requirements. The following mitigation measures are conditions of
approval:
30.2.1 A Fire Management Plan as approved by the Kittitas County Fire Marshal shall be
developed and implemented.
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30.2.2 Fire hydrants shall be included as per fire district design standards.
30.2.3 Development shall comply with KCC Title 20 Fire and Life Safety, including
the International WUI Code defensible space requirements.
30.2.4 Non-combustible areas immediately adjacent to buildings shall be required.
30.2.5 The FEIS identified public fire education programs, and additional equipment to
mitigate Fire and Medical Response impacts associated with the project. Project
contribution to these measures is identified in the FEIS. Such contributions can be
made a condition of a Development Agreement, with amounts identified appropriate to
the 89 unit current proposal. The applicant shall to contact the Kittitas Valley Fire
District to determine appropriate mitigation measures. Mitigation measures shall be
included in the development agreement.
30.3 Schools
The FEIS examines impacts to the Easton School District. Impacts of the current proposal are
most similar to those identified in Alternatives 3D and 5. The FEIS suggests project
contribution to increased District costs. Such contributions can be made a condition of a
Development Agreement. The applicant shall contact Easton School District and develop
mitigation measures. Mitigation measures shall be included in the development agreement.
31) Utilities
31.1 Sewer
31.1.1 Residential lots will be served by an On-site septic system.
31.1.2 The RV Complex shall be served with a Large On-Site Septic System designed to DOH
standards with oversight by DOH /Satellite Management.
31.1.3 Prior to any development on the steeper eastern slopes, a sewage disposal master plan
shall be submitted to Kittitas County Environmental Health.
31.2 Stormwater Management
31.2.1 Stormwater plans submitted to CDS shall depict design standards showing pervious
construction methods with a focus on retention and infiltration.
31.2.2 Development shall comply with the Ecology Stormwater Management module Eastern
Washington.
31.3 Electric Utilities
31.3.1 The plat map shall include the following note:
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“The Bonneville Power Administration imposed certain conditions on the portions of
these lots encumbered by its high voltage transmission line right-of-way. BPA does not
allow structures to be built within the right-of-way, nor does it allow access to be
blocked to any transmission facilities. Any activity that is to occur within the right-of
wa y may be addressed to BPA real Estate Field Services at (877) 417-9454”.
31.3.2 BPA shall be allowed the opportunity to review the location of proposed roads, use of
existing access roads, snow storage, utilities, etc. to ascertain whether or not the uses
can be permitted. The owner shall submit a land use application, the associated $250
application fee, and acquire a Land Use Agreement from BPA in addition to the
County’s building permit for any portion of the owner’s development plans that lie
within BPA’s right-of-way.
31.4 Water
31.4.1 Marian Meadows/Easton Water District shall confirm an intended connection to the
Easton Water District, and then submit estimated water usage quantities, so that DOH
can determine whether the precise number of new connections that are proposed for
Marian Meadows can be served by the existing system, or apply for a new Group A
Community public water system with the DOH Office of Drinking Water.
31.4.2 Marian Meadows shall identify how wastewater will be managed.
31.4.3 The Applicant shall submit documentation and engineering design for proposed water
extension to DOH for the review and approval.
32) Visual Quality, Light and Glare
As described in the FEIS, visual impacts can be mitigated through the following methods, and such
methods are conditions of approval:
32.1 Road cuts shall be revegetated with native coniferous trees.
32.2 Outdoor lighting shall be shielded and directed downward.
33) Noise
Noise impacts are discussed on pg. 3-227 of the FEIS.
33.1 When possible, construction activities shall be limited to daylight hours.
33.2 KCC 9.45.040 exempts construction from noise ordinances between the hours of 6:00 am and
10:00 pm. Should circumstances require work outside of these hours, the applicant shall apply
for a variance with the Board of County Commissioners pursuant to KCC 9.45.070.
34) Air Quality
34.1 The project shall comply with all applicable local, state and federal laws regulating air quality.
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34.2 Current quarry work will impact air quality. Quarry operations will be amended as the
development moves north. Quarry operations will continue and provide resource materials
needed for the development. Once residential vertical build out is within 250’ if quarry
operations, operations will cease and reclamation will commence.
35) Hazardous Materials
Mitigation measures related to hazardous materials are discussed on pg. 3-238 of the FEIS.
35.1 A control and response plan shall be developed deal with hazardous material related to
construction.
35.2 Convenient means of safe disposal of any household hazardous materials shall be provided.
36) Historic, Cultural, and Archeological Resources
Mitigation measures related to Historic and Cultural Preservation are discussed on pg. 3-241 of the
FEIS.
36.1 The applicant shall formulate a plan for limited subs urface testing in any areas of high
probability for containing pre contact and historic resources.
36.2 The applicant shall prepare an inadvertent discovery plan which states applicable state laws and
proper procedures that is to be followed if archaeological resources are identified. A contact list
of appropriate parties shall be included.
36.3 Should ground disturbing or other activities related to the proposed plat result in the inadvertent
discovery of cultural or archaeological materials, work shall be stopped in the immediate area
and contact be made with the Washington State Department of Archeology and Historic
Preservation. Work shall remain suspended until the find is assessed and appropriate
consultation is conducted. Should human remains be inadvertently discovered, as dictated by
Washington State RCW 27.44.055, work shall be immediately halted in the area and contact
made with the coroner or local law enforcement the most expeditious manner possible.
37) Geology, Topology, and Soils
The FEIS examines impacts related to geologic hazards, and proposes mitigation measures (3 -265).
37.1 Development on the steep, eastern portion of the site shall require geotechnical analysis prior to,
and during construction.
37.2 The alluvial fan area in the northwest corner of the project will be private property with
restrictions on for the removal of foliage or land clearing, along with the alluvial fan located in
the southern portion of the property.
37.3 After decommissioning, the rock quarry area shall be reclaimed and repurposed into the 100,000
gallon water storage facility required under Water District Resolution 30906.2.
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38) Surface Water Resources
38.1 Surface water mitigations are examined in the FEIS (pg. 3-277). Development shall comply with
all stormwater related state, local and federal regulations.
39) The large lots designated on the site plan as lots 1 through 4 (Exhibit 90) shall be limited to one single-
family residence and associated outbuildings each. The final plat for these lots shall contain a plat note
that these lots shall not be further subdivided.
40) The recreational vehicles storage units shall be for the exclusive use of the recreational vehicle storage
unit owner and shall not be rented to, or used by, any other person for any amount of time.
41) The recreational storage units shall not be used for human overnight occupation at any time. The
Development Agreement shall set forth sufficient provisions to ensure that the recreational vehicles
storage units are not used for human residency, either within the unit or within vehicles stored within the
units. Failure to set forth sufficient provisions shall result in the CUP approval for the RV storage units
being deemed null and void.
42) The recreational vehicle park and the campground shall not be for public use.
43) Recreational vehicle stays within the recreational vehicle park shall not exceed the time limits set forth in
the Kittitas County Code.
44) Stays within the campground shall not exceed the time limits set forth in the Kittitas County Code.
45) The Development Agreement shall set forth adequate reporting requirements between the applicant and
the county as to member vehicle stays within the recreational vehicle campground park and the
campground. If satisfactory reporting provisions are not set forth within the Development Agreement,
then stays within the recreational vehicle park and campground shall be limited to April 1 through
September 30 each year. In the alternative, if said reporting procedures cannot be agreed upon in the
Developer Agreement, then the portion of the conditional use permit related to recreational vehicle
storage should be denied.
46) All approvals for the Planned Unit Development plat and conditional use shall be considered null and
void in the event a Developer Agreement satisfactory to the county is not timely finalized.
47) The following plat note shall be provided on the face of all final plats: “This subdivision is in the vicinity
of the Easton Airport. Future landowners should expect to experience noise, vibrations, fumes, dust, the
effects of lighting, and other effects associated with the operation of an airport or aircraft t aking off or
landing at an airport. No use shall be permitted that causes discharge into the air of fumes, smoke, dust
or similar which will obstruct the visibility and/or adversely affect the operation of an aircraft or interfere
with navigational facilities or equipment necessary to aircraft operation. No development of use shall
occur that in any way interferes with the safe operation of aircraft in the airspace and aviation ways of the
Easton Airport. Any and all activities common to the Easton Airport do not constitute a public or private
nuisance unless the activity has a substantial adverse effect on the public health and safety.”
48) The record contains evidence that the existing situation of occasional and irregular blockage of East
Sparks Road would be exacerbated by the proposed development. To mitigate for this situation, the
applicant shall develop and submit an alternative site access plan of one or more options for County
review that could be utilized by residents in the event of blockage of the primary site access road (namely
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Sparks Road). If the County chooses to implement a road improvement district (RID) and if second
access is not attainable, then the developers and future landowners shall consent to the formation of a
road improvement district (RID) for a proportionate share of future mitigation addressing potential
blockage of Sparks Road.
49) The applicant shall provide proof of legal access to the subject property prior to final development plan
approval.
50) The total number of lots shall be limited to 89. Lots in excess of 89 may be allowed for RV storage, RV
park, campground, or community, or commercial uses, but they shall be identified on the face of the final
plat, and a plat note shall be provided prohibiting residential development on these lots.
51) All plats which include open space shall contain appropriate plat notes to ensure the area will not be
further subdivided in the future, the use of the open space for the purpose specified will continue in
perpetuity, and the open space will be appropriately maintained to control noxious weeds and fire
hazards. 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.
This requirement shall not apply to lots retained by the original landowner or subsequent landowner(s)
for the purpose of providing improved recreational facilities serving the benefited parcels. For the
purposes of this condition, improved recreational facilities shall be those which exceed $100,000 in
value.
52) Any lots created specifically for, or dominated by, easements, roadways, storm water retention facilities,
septic facilities or other purposes and as a result are non-buildable 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.
53) Community buildings, indoor recreation facilities including athletic clubs, fitness centers, sports courts,
swimming pools, and other similar uses, outdoor recreation facilities including swimming pools, sports
courts or similar uses, electrical vehicle infrastructure, and recreation vehicle storage areas shall only
serve owners within the residential PUD and all other applicable standards shall be met.
NOW THEREFORE, BE IT FURTHER ORDAINED by the Board of County Commissioners that the
Official Zoning Map for Kittitas County be changed as set forth in Attachment A.
DATED this 3rd day of April , 2018, at Ellensburg, Washington.
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BBOOAARRDD OOFF CCOOUUNNTTYY CCOOMMMMIISSSSIIOONNEERRSS
KKIITTTTIITTAASS CCOOUUNNTTYY,, WWAASSHHIINNGGTTOONN
ATTEST:
_____________________________
Laura Osiadacz, Chairman
_____________________________
Julie Kjorsvik, Clerk of the Board Obie O’Brien, Vice-Chairman
______________________________
Paul Jewell, Commissioner
APPROVED AS TO FORM:
____________________________
Neil Caulkins, Deputy Prosecuting Attorney for
Gregory L. Zempel
Prosecuting Attorney
WSBA #19125
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Attachment A