HomeMy WebLinkAboutOrd-2016-024Ordinance 2016-02.-1-
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
ORDINANCE
NO. 2016-02~
BIG CREEK TRAILS PLANNED UNIT DEVELOPMENT IN THE MATTER OF
AMENDING THE KITTITAS COUNTY ZONING ATLAS TO DESIGNATE PORTIONS
OF THE COUNTY AS PLANNED UNIT DEVELOPMENT
WHEREAS, according to Kittitas County Code Titles ISA, 16 & 17, relating to rezones and plats
and adopted pursuantto RCW 36.70B & 36.70 respectively, an open record hearing was held by the
Kittitas County Hearing Examiner on July 14, 2016 for the purpose of considering a zone change
consisting of approximately 290 acres from Recreation-S zone to Planned Unit Development
consisting of S 8 residential lots of approximately one (1) acre in size and approximately 230 acres in
open space park and trails on 11 parcels ofland described as follows:
The subj ect property consists of eleven (11) parcels, located approximately 8 miles east of
the City ofCle Elum south of Nelson Siding Road, in a portion of Section 28,29 and 32,
T20N, RI4E, WM in Kittitas County, bearing Assessor's map numbers: 20-14-28000-
0018, 20-14-28000-00S4, 20-14-29000-0006,20-14-29000-00 IS, 20-14-29000-0017,20-
14-29000-0018,20-14-29000-0019, 20-14-32000-001, 20-14-32000-003, 20-14-32000-
0004, and 20-14-32000-00S.
WHEREAS, testimony was taken on July 14, 2016 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 such zone change; and
WHEREAS, the Hearing Examiner recommended approval of said proposed rezone under
recommended conditions on July 28,2016; and
WHEREAS, a closed record public meeting was held by the Board of County Commissioners on
September 20,2016 to consider the Hearing Examiner's recommendation on this matter; and
WHEREAS, the Board of County Commissioners continued such hearing to October 18,2016 and
November 1, 2016 to further consider conditions recommended by staff and the Hearing Examiner;
and
Ordinance 2016-.Q 2 +
WHEREAS, the following FINDINGS OF FACT regarding the rezone have been made by the
Board of County Commissioners concerning this ordinance:
1. DK Professional Consultants has submitted a rezone application with associated site plan
and proj ect narrative to change the current zoning from Rural Recreation and Rural 5 to
Planned Unit Development northwest of Cle Blum. This proposed use is an allowed use
in the Planned Unit Development zone per KCC 17.36.15(2).
2. A complete Rezone and Short Plat application was submitted to Community
Development Services on July 16, 2015. The application was deemed complete on
September 28,2015.
3. A Notice of Application for said proposal was issued on October 15,2015. This notice
was published in the official county paper of record and was mailed to jurisdictional
government agencies, adjacent property owners within 500 feet of the proposal and other
interested parties. This notice was also published in the official county paper of record.
4. Based upon review of the submitted application materials including an environmental
checklist, correspondence received during this 30 day comment period and other
information on file with Community Development Services, a Mitigated Determination
of Non-Significance (MDNS) was issued on June 17,2016. The appeal period ended on
July 1, 2016 at 5 :00 p.m and no appeals were filed.
5. The following agencies provided comments during the comment period:, Washington
State Department of Health, Washington State Department of Ecology, Kittitas County
Environmental Health, Kittitas County Public Works, Bureau of Reclamation,
Washington State Department of Fish and Wildlife, Bonneville Power Administration
and Kittitas Reclamation District. Additional comments were provided during the pre-
application meeting held on December 18, 2013 from Kittitas County Fire Marshal and
Building Department. Ten comments were received from the public.
6. The proposal is consistent with the applicable goals and policies of the Kittitas County
Comprehensive Plan.
7. As conditioned, this proposal meets the provisions of Kittitas County Code Title 12,
Roads and Bridges; Titlel3, Water and Sewers; Title 14, Building and Construction; Title
17, Zoning; Title 17 A, Critical Areas; and Title 20, Fire, Life and Safety.
8. This proposal meets all the criteria required of approving a Planned Unit Development in
Chapter 17.36.045(1)
9 . Additional conditions are not necessary at this stage of the planning and approval process
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to protect the public's interest.
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 subject to
the following conditions:
I. Transportation
a. Access: This project proposes to change the use of the existing access from the county road. The
access must be improved to meet Kittitas County road standards. An access permit must be applied
for and issued prior to beginning any work within the county right of way. Access must be completed
prior to issuance of any final plats.
b. The Lund Lane extension and the crossing ofthe irrigation canal will be a private road built to meet
public road standards and dedicated for public use.
c. Construction of Road "A" will be a private road built meeting public road standards and dedicated
for public use. Construction of Road "B" will be built to current private road standards with an all-
weather surface.
d. The southerly most road depicted on the preliminary plan map shall dedicate a 60 foot easement for
future connection with Misty Mountain Way.
e. The Subject property is accessed via a federally owned bridge (United States Bureau of Reclamation)
and requires a replacement of the existing bridge built to County public bridge construction standards
and transfer of the replacement bridge to Kittitas County. Prior to approving any final plat, the
applicant or successors must obtain the necessary permits through United States Bureau of
Reclamation for the permanent crossing of the canal.
f. Access to Lot 43 by driveway may occur ifno access is provided by the driveway to Lots 44 and 45.
Access may be provided to lots 43 through 45 if the road is constructed to meet private road
standards and has an all-weather surface.
g. Bonneville Power Administration (BP A) requires that any activity in parcels 20-14-29000-0019, 20-
14-290000-0017,20-14-32000-0001,20-14-32000-0003, & 20-14-32000-0004 that occurs in
the right of way needs to be permitted by BPA prior to installation or construction and acquire a
Land Use Agreement for any portion of the development plans that lie within the BPA's right of
way.
II. Water
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Ordinance 2016-0 1.?t
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 (Erosion Sediment Control Plan). It is the applicant's responsibility to contact the
Department of Ecology.
b. 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 design shall be presented to Public Works and
reviewed by the County Engineer prior to issuance of final plat approval. The storm water system
construction shall be certified by a licensed engineer prior to issuance of any building occupancy
permit.
c. All water proposed to be used must be obtained from a water budget neutral source meeting
conditions of Kittitas County Code Chapter 13.35.
d. Withdrawals of groundwater on the subject property are subject to the rules and regulations adopted
and administered by lhe Washington State Department of Ecology; this includes the use of water for
irrigation. Legally obtained water must be used on-site.
e. Chapter 173-150 WAC provides for the protection of existing rights against impairment, i.e.
interruption or interference in the availability of water. If water supply in an area becomes limited,
use could be curtailed by those with senior water rights. Department of Ecology and Washington
State Fish and Wildlife concur the surface water is not adequate to satisfy all water rights year-round.
f. Prior to applying for any type of final plat approval in Kittitas County, applicants shall be required
to make appropriate provisions for potable water supplies per RCW 58.17.110 which includes, but is
not limited to, the minimum requirements outlined in the Kittitas County Board of Commissioners
Resolution 2012-027.
g. The Washington State Department of Health, Office of Drinking Water requires an approved water
system for this proj ect.
h. Group B water system shall be used for the initial 9 connections and shall be approved by Kittitas
County Public Health Department. The Group B water system shall be converted to a Group A water
system after the initial 9 connections from the Group B water system. The Group A public water
system must be approved by the Washington State Department of Health (DOH) to serve all lots
within the project.
i . Site evaluations for On site Septic Systems must be completed at the frequency of one soil log per lot
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(KCC 13.04.09 (1)(£)).
J. Any plat within the Planned Unit Development is subject to any easements of record and does not
modify such easements.
k. Construction upon the PUD and final PUD approval will be contingent upon the applicant receiving
approval of a substantial development permit, SD-15-00002, from the County with review from the
State Shorelines Hearings Board. No structures will occur within 200 feet of any shoreline of the
State as indicated by the applicant.
III. Environmental and Open Space
a. Category I wetlands require a 50' buffer from the wetland delineation in accordance to KCC 17 A.02.
Category IT wetlands require a 25' buffer from the wetland delineation in accordance to KCC
17 A. 02. Category III wetlands require a 20' buffer from the wetland delineation in accordance to
KCC 17A.02.
h. Setbacks to the shorelines of Big and Little Creek shall be consistent with the Shoreline Substantial
Development Permit (SD-15-00002).
c. A Hydraulic Project Approval (HPA) permit shall be obtained for any work that would influence
flow or bed of either Big or Little Creek.
d. The Applicant shall establish a riparian corridor being 200 feet wide measured from the Ordinary
High Water Mark (OHWM), as per RCW 90.58.030, of Big Creek in an easterly direction onto the
PUD property, and of Little Creek in a westerly direction onto the PUD property.
e. The Applicant shall place signs marking the riparian and wildlife movement corridors of Big Creek
and of Little Creek. A minimum of four (4) signs will be placed upon the Big Creek corridor and a
minimum of four (4) signs will be placed upon the Little Creek corridor. Signs shall be a minimum
of 36" square. Signs shall be placed prior to the first final plat recording. Applicant shall submit a
map that shows the location of the signs prior to the first plat being recorded. Signs will also identify
these areas as a wildlife movement corridor.
f. The riparian corridor of Big Creek and of Little Creek shall be marked with signs, flagging or other
suitable material prior to the beginning of construction and during construction, which shows the
limit of any allowed ground disturbance. Markings shall remain in place during any and all
construction related to the development of the PUD.
g. There shall be no disturbance, without approved permits, within the Big Creek or Little Creek
riparian areas during the construction of the PUD.
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Ordinance 2016-J?~1
h. There shall be no disturbance, without approved permits, of any critical areas and buffers as
described in the 2008 and 2015 Sewall Report during the construction of the PUD.
i. Wetlands and critical areas as identified in the Applicant's proposal shall be identified on the ground
with a minimum of four signs. Signs shall be a minimum of36" square. Signs shall be placed prior
to the filing of the first final plat. Applicant shall submit a map that shows the location of the signs
prior to the first plat being recorded. Signs will also identify this area as a wildlife movement
corridor.
J. The applicant shall relocate lots 57 and 58 to an area adjacent to or in close proximity to the larger
residential area identified on the site plan that has been submitted with the PUD application as
conditioned as follows:
1) The current planned residential foot print, identified on the site plan that has
been submitted with the PUD application, may be enlarged a maximum of 7.5
acres to absorb the relocation of Lots 57 and 58 (identified on the site plan
attached to the PUD application);
2) The current location of the home sites may be relocated within the site as
long as any additional impacts are mitigated.;
3) The road that was planned to connect the two home site foot print areas will
not be required as the roads ofthe PUD will be built to the public road standards
as defined in Kittitas County Code Title 12; and
4) The recreation storage area may be moved or split into two locations with one
being located near or adjacent to the northern boundary of the BPA power hne
easement and not adjacent to the residential area.
k. There shall be a wildlife movement corridor established between Big Creek and the identified
wetland/critical area that is located towards the center of the project. This movement corridor shall
be located north of the BP A power lines on the ridge that runs above the residential area. The
existing trail in this area will be identified as non-motorized access only.
1. All trails and recreation use shall be outside of the protected creek corridors and established
wetlands, critical areas and the buffers established for said areas.
m. Upon approval ofthe Final Development Plan for the PUD and prior to the recording of the first plat,
the applicant will provide WDFW with easements required to maintain the diversions and fish
screens on Big Creek.
n. The Final Development Plan shall show the riparian corridors, wetlands, and critical areas. The fmal
plat recordings shall show the riparian corridors, wetlands, and critical areas marked on the Final
Development Plan map.
o. Trails developed south of the BP A easement in the forested areas that are not disturbed by the
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Ordinance 2016-D~-+
development of trails shall be left in their natural state. Fire control and fire wise actions may be
taken in the trail development.
p. 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.
q. Non-buildable parcels. Any parcel created specifically for, or dominated by, easements, roadways,
storm water retention facilities, septic facilities or other purposes and as a result or otherwise are
non-buildable shall be proportionately owned as tenants in common ofthe benefited parcels, retained
by each parcel owner, and will be assessed, taxed, and foreclosed upon each building lot not
fulfilling their obligation.
IV. Air
a. If the applicant plans to bum trees or debris from the property, the applicant shall obtain a bum
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.
b. Washington Administrative Code (WAC) 173-400-040 requires that reasonable precautions be taken
to prevent dust from leaving the project site. Additionally, dust is prohibited from interfering
unreasonably with the use and enjoyment of property, causing health impacts or damaging property
or business. As a result, the applicant shall be responsible for creating a site-specific Fugitive Dust
Control Plan (FDCP) before starting this project. The plan shall be followed throughout the duration
of any activity and construction of the project.
V. Fire & Life Safety
a. Addresses of all new residences shall be clearly visible.
b. All construction must comply with Wildland Urban Interface Code (WUIC).
c. A fire suppression system shall be provided which is approved by the Kittitas County Fire Marshall
and Washington State Department of Health.
VI. Light and Aesthetics
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a. All outdoor lighting shall be shielded and directed downward to minimize the effect to nearby
residential properties.
b. RCW 17.10.140 Landowners are responsible for controlling and preventing the spread of noxious
weeds. Accordingly, the Kittitas County Noxious Weed Board recommends immediate reseeding of
areas disturbed by development to preclude the proliferation of noxious weeds.
c . All landscaping in the development area and its immediate surroundings shall follow the landscaping
plan submitted with the Rezone application.
VII. Noise
a. Development and construction practices for this project shall only occur between the hours of7:00
am and 7:00 pm to minimize the effect of construction noise on nearby residential properties.
VIII. Historic and Cultural Preservation
a. Should ground disturbing or other activities related to the proposed planned unit development 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 Archaeology and
Historic Preservation (DAHP). 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 and local law enforcement in the most expeditious manner possible.
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 the attached Zone File
Map.
DATED this /.t;-th day of (),(!.{;Ld11j')L(J ,2016, at Ellensburg, Washington.
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
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~
Obi e 0 Br i' n Chairman
~~hainnan
Ordinance 2016-0 z, f
APPROVED AS TO FORM:
Neil Caulkins, Deputy Prosecuting Attorney for
Gregory L. Zempel
Prosecuting Attorney
WSBA#19125
ABSENT
Laura Osiadacz, Commissioner
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Ordinance 2016-2-1
RZ-15-0000 1
Big Creek Trails
Attachment A
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Project
Perimeter