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HomeMy WebLinkAboutOrd-2018-014 ZoningBOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON ORDINANCE NO. 2018-/)11/- REVISIONS OF KITTITAS COUNTY CODE TITLE 17, ZONING FOR THE PURPOSE OF MAXIMUM LOT COVERAGE WITHIN URBAN GROWTH AREAS ON RESIDENTIAL AND URBAN RESIDENTIAL ZONED LANDS WHEREAS, WHEREAS, this ordinance, revising the Kittitas County Code, contains two sections of findings and an attachment for such amendment, as follows: Section I - Section II - Attachment A Procedural Findings Final Decision and Signatures Changes to Kittitas County Code 17 .11, 17 .16.040 and 17 .22.040 SECTION I PROCEDURAL FINDINGS The existing Kittitas County Code Chapter Sections 17.11, 17.16.040 and 17 .22.040 address the Urban Growth Areas and requires a maximum lot coverage of 30% for lots zoned Residential and Urban Residential; and WHEREAS, The Kittitas County Comprehensive Plan GPO 2.29 states that "Kittitas County shall seek consistency in development regulations in urban growth areas with adjacent cities and when appropriate where rural development may impact future urban growth;" and WHEREAS, Kittitas County Code lSB.04 .010 and RCW 36.70A.040 states that any change to development regulations shall be consistent with and implement the comprehensive plan; and WHEREAS, The surrounding cities have different maximum lot coverage standards than the existing standards in Kittitas County Code for certain zones in the Urban Growth Areas; and WHEREAS, Kittitas County issued a SEPA Detennination of Nonsignificance (DNS) for the proposed amendments on May 1, 2018 in accordance with WAC 197-11-340(2) and KCC lSA.04.020(2). Any action to set aside, enjoin, review, or otherwise challenge the administrative SEP A action on the grounds of noncompliance with the provisions of Amendment to Kittitas County Code, Title 17 -Zoning Ordinance No. 2018-t> I 1/ July 3, 2018 Regarding Maximum Lot Coverage in Urban Growth Areas WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, 43.21C RCW, was due on or before May 18, 2018 at 5:00 pm. No appeals were filed; and Kittitas County noticed Washington State Department of Commerce with Notice of Proposed Amendment and request for expedited review on May 1, 2018; and The Washington State Department of Commerce granted the request for expedited review via an emailed letter on May 2, 2018; and Notice of Planning Commission public hearing was published in the Daily Record on May 8, 2018 and May 15, 2018 and in the Northern Kittitas County Tribune on May 17, 2018. A press release announcing the hearing was issued on May 7, 2018; and The Planning Commission public hearing was held on May 22, 2018 at 6:30 pm in the Kittitas County Event Center Armory Hall; and No public comments were received prior to the hearing and no members of the public provided public comment at the hearing; and The Planning Commission, after hearing the proposal and providing opportunity for public testimony, made recommendation to the Board of County Commissioners that the proposed amendment be adopted as presented by staff; and After proper public notice, the Kittitas County Community Development Services scheduled a public hearing to be held before the Board of County Commissioners on June 25, 2018 to consider the recommendation from staff, the recommendation of the Planning Commission and any public comments or testimony regarding the matter; and After the public hearing and consideration of the proposal to change the maximum lot coverage requirements in the Residential and Urban Residential zones within Urban Growth Areas, the Board of County Commissioners approved the proposed amendments to Title 17 of the Kittitas County Code to change the maximum lot coverage for certain zones within the County's Urban Growth Areas. SECTION II -FINAL DECISION AND SIGNATURES BE IT ORDAINED that the Board of County Commissioners, after due deliberation, hereby approves the revisions to the Kittitas County Title 17 requiring the maximum lot coverage in the Residential zone and Urban Residential zone for properties located within Urban Growth Areas shall now be consistent with the associated City's maximum lot coverage regulations for the associated land use zone; and BE IT FURTHER ORDAINED the Prosecutor's Office is charged with preparing and submitting the necessary clean updated versions of the development code to Information Services, incorporating all the amendments authorized herein, so that they can be placed on the County web page, and that the Prosecutor's Office is hereby authorized to make any correction necessary to remedy scrivener's errors such that Information Services of Kittitas County may update the on-line code and comprehensive plan without additional Board action. Amendment to Kittitas County Code, Title 17 -Zoning Regarding Maximum Lot Coverage in Urban Growth Areas Ordinance No. 20li-6 l_t/: July 3, 2018 NOW, BE IT FURTHER ORDAINED that the Board of County Commissioners, after due deliberation, hereby approves the adoption of the amendments in Attachment A to Kittitas County Code as attached hereto, and incorporated by reference and orders the amendments to become effective upon signature by the Board of County Commissioners. Adopted this _ ___,c....3r_d_day of __ ,;...JU=L=Y..:a.... ___ ..., 2018, at Ellensburg, Washington. ATTEST: BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON ~~ Obie O'Brien, Vice-Chairman Commissioner APPROVED AS TO FORM: Greg Zempel WSBA #19125 Amendment to Kittitas County Code, Title 17 -Zoning Regarding Maximum Lot Coverage in Urban Growth Areas Ordinance No. 20l 'j-O/'f July 3, 2018 Attachment A Chapter 17.11 URBAN GROWTH AREAS Sections 17.11.010 Purpose and Intent. 17.11.020 Intergovernmental Review. 17.11.030 lnterlocal Agreements (reserved). 17 .11.040 Infrastructure. 17 .11.050 Minimum Density. 17 .11.060 Maximum Lot Coverage . 17.11.010 Purpose and Intent. The purpose and intent of the Urban Growth areas is to provide for areas that are suitable and desirable for urban densities as determined by the sponsoring city's ability to provide urban services, and to allow for alternative methods of development that allows for infill and development at urban levels. (Ord. 2007-22, 2007) 17.11.020 Intergovernmental Review Proposed projects occurring within the Urban Growth Area shall be jointly reviewed with the associated city. (Ord. 2007-22, 2007) 17.11.030 lnterlocal Agreements. (reserved) (Ord.2007-22,2007) 17.11.040 Infrastructure. Development of infrastructure relating to municipal water and sewer services shall be referred to the requirements as outlined by the corresponding cities code. Joint review shall occur in the development of roads with both the city and county road standards. (Ord. 2007-22, 2007) 17.11.050 Minimum Density. The minimum density of developments located in urban growth areas shall be 4 units per acre. Density calculations shall be calculated based on lands available after removal of lands protected under Critical Areas as identified in Kittitas County Code Title 17A and lands used for the purpose of development and placement of roads. (Ord . 2007-22, 2007) 17.11 .060 Maxi mum Lot Coverage. The ground area covered by all b u ildings, Includ ing accessory bu fl dings. shall be co nsl ste nt w ith t he ass ociated City's maxi m um lot coverage regu lations for t h e associated land use zone . Th is applies on ly to t hose zo nes w it h a Maximu m Lo t Coverage Redline version Chapter 17.16 R -RESIDENTIAL ZONE* Sections 17.16.010 Purpose and intent. 17.16.020 Allowed uses . 17.16.030 Minimum lot requirements. 17.16.040 Maximum lot coverage. 17.16.050 Maximum structure height. 17.16.060 Yard requirements -Front. 17.16.070 Yard requirements -Side. 17.16.080 Yard requirements -Rear. 17.16.085 Yard requirements -Zones Adjacent to Commercial Forest Zone. 17.16.090 Half streets . 17.16.100 Sale or conveyance of lot portion . 17.16.110 Off-street parking . 17.16.120 Repealed . 17.16.121 Repealed. * Prior history: Ords . 76-3, 69-7, 2. 17.16.010 Purpose and intent. The purpose and intent of the Residential zone is to provide for and protect areas for homesite development designed to meet contemporary building and living standards where public water and sewer systems are provided. (Ord. 2013-001 , 2013; Ord . 83Z-2 (part), 1983) 17.16.020 Allowed uses. Uses allowed in the Residential zone include those uses pursuant to KCC Chapter 17.15 . (Ord. 2013-001 , 2013; Ord. 2011-013, 2011; Ord. 0-2006-01, 2006; Ord. 96-19 (part), 1996; Ord. 83-Z-2 (part), 1983: Res. 83-10,1983) 17.16.030 Minimum lot requirements. 1. Minimum lot sizes in the R zone are as follows : a. Single family dwelling, seven thousand two hundred (7,200) square feet; b. Two (2) family dwelling, ten thousand (10,000) square feet. 2. The minimum lot depth shall be one hundred (100) feet. 3. The minimum average lot width shall be sixty-five (65) feet. "Redline version 4. In no case shall there be more than one (1) main dwelling and its accessory buildings constructed on one (1) lot unless such lot is greater than twice the minimum required for a single-family dwelling. 5. No main dwelling shall be built or moved on to a lot not abutting a public street, with the exception of special cases where the county may approve other suitable access. (Ord. 2013-001 , 2013; Ord. 83-Z-2 (part), 1983; Res. 83-10, 1983) 17.16.040 Maximum lot coverage. The ground area covered by all buildings, including accessory buildings, shall not exceed thirty percent (30%) of the lot area. All lots located with i n an Urban Growth Area, refer to KCC17 .ll.fi60. (Ord. 2013- 001, 2013; Res. 83-10, 1983) 17.16.050 Maximum structure height. No structure shall exceed two and one-half (2 ½) stories, or thirty-five (35) feet, whichever is less in height. (Ord. 2013-001 , 2013; Res. 83-10, 1983) 17.16.060 Yard requirements -Front. There shall be a front yard having a minimum depth of fifteen (15) feet, unless a previous building line less than this has been established, in which case the minimum front yard for interior lots shall be the average of the setbacks of the main structures on the abutting lots on either side if both lots are occupied. If one (1) lot is occupied and the other vacant, the setback shall be the setback of the occupied lot plus one-half(½) the remaining distance to the required fifteen (15) foot setback. If neither of the abutting side lots or tracts are occupied by a structure, the setback shall be fifteen (15) feet. (Ord . 2013-001 , 2013; Res. 83-10, 1983) 17.16.070 Yard requirements -Side. There shall be a side yard of not less than five (5) feet in width on each side of a building. (Side of building means outer face, any part of building nearest to the side line, not including roof eaves.) On corner lots the side yard shall be a minimum of fifteen (15) feet on the side abutting the street. (Ord. 2013-001,2013; Res.83-10, 1983) 17.16.080 Yard requirements -Rear. There shall be a rear yard with a minimum depth of twenty-five (25) feet to the main building. (Ord. 2013-001 ,2013; Res.83-10, 1983) 17.16.085 Yard requirements -Zones Adjacent to Commercial Forest Zone Properties bordering or adjacent to the Commercial Forest zone are subject to a two hundred (200)-foot setback from the Commercial Forest Zone. (KCC 17. 57.050 (1)). For properties where such setback isn't feasible, development shall comply with KCC 17 .57.050(2). (Ord. 2013-001, 2013; Ord. 2007-22, 2007) 17.16.090 Half streets. In an area adjacent to a half street and opposite or outside the plat including the dedication of said half Redline version street, structures shall be set back from said half streets a distance sufficient to provide for an additional half street and the yard requirement. (Res. 8310, 1983) 17.16.100 Sale or conveyance of lot portion. No sale or conveyance of any portion of a lot, for other than a public purpose, shall leave a structure or the remainder of a lot with less than the minimum lot, yard or setback requirement of this zone. (Ord. 2013-001 ,2013; Res.83-10, 1983) 17.16.110 Off-street parking. One automobile parking space shall be provided for each dwelling unit and shall be located to the rear of the building setback line. (Res. 83-10, 1983) 17.16.120 Repealed. (Ord. 2013-001 , 2013; Ord. 2007-22, 2007; Ord. 0-2006-01, 2006; Res. 8310, 1983) 17.16.121 Repealed. (Ord. 2013-00 1, 2013; Ord. 2007-22, 2007) Redline version Chapter 17.22 UR -URBAN RESIDENTIAL ZONE* Sections 17.22.010 Purpose and intent. 17.22.020 Allowed uses. 17.22.030 Lot -Size required. 17.22.040 Maximum lot coverage. 17.22.050 Maximum height permitted. 17.22.060 Yard requirements. 17.22.065 Yard requirements-Zones Adjacent to Commercial Forest Zone. 17.22.090 Grazing. 17.22.100 Repealed. 17.22.110 Repealed. 17.22.120 Repealed. * Prior history: Ord. Z77-2 . 17.22.010 Purpose and intent. The purpose and intent ofthe Urban Residential zone is to provide for and protect areas for home-site development and/or urban levels of development in where municipal services can be provided or is already available. (Ord. 2007-22, 2007; Ord. 83-Z-2 (part), 1983} 17.22.020 Allowed uses. Uses allowed in the Urban Residential zone include those uses pursuant to KCC Chapter 17.15. (Ord. 2013-001 , 2013; Ord. 2011-013 , 2011; Ord. 0-2006-01, 2006;Ord. 96-19 (part), 1996; Res. 83-10, 1983} 17.22.030 Lot -Size required. 1. Minimum lot sizes in the UR zone are as follows: a. Single family dwelling, seven thousand two hundred (7,200} square feet; b. Two (2) family dwelling, ten thousand (10,000) square feet. 2. All lots of record at the time of passage of the ordinance codified in this chapter shall be considered as conforming to lot size requirements. (Ord. 2013-001 , 2013; Ord. 2007-22, 2007; Res. 83-10, 1983} 17.22.040 Maximum lot coverage. :~eYM~~ev-all~ki+H~Sr-ifl81:laiAg acee-s-w1:y-eui1Eiings , shall not e>l'eee~ftv-il~~ ~'-) of Hte lo~Referto KCC 17 .11.0 60 . (Ord. 2013-001 , 2013; Res. 83-10, 1983) Redline version 17.22.050 Maximum height permitted. No structure shall exceed two and one-half (2½) stories or thirty-five (35) feet, whichever is less in height. (Ord. 2013 -001, 2013; Res. 83-10, 1983) 17.22.060 Yard requirements. No structure shall be built or located closer than twenty-five (25) feet to the front and rear property line or within fifteen (15) feet of any side property line. (Ord. 2013-001 , 2013; Res. 83-10, 1983) 17.22.065 Yard requirements at Zones Adjacent to Commercial Forest Zone. Properties bordering or adjacent to the Commercial Forest zone are subject to a two hundred (200)-foot setback from the Commercial Forest Zone. (KCC 17.57.050 (1)). For properties where such setback isn't feasible, development shall comply with KCC 17.57.050(2). (Ord. 2013-001 , 2013; Ord. 2010-014. 2010; Ord. 2007-22, 2007) 17.22.090 Repealed. (Ord. 2013-001. 2013; Ord. 88-4 § 2 (part), 1988; Res. 83-10, 1983) 17.22.100 Repealed. (Ord. 2013--001 , 2013; Ord. 2010-014. 2010; Ord. 0-2009-25, 2009; Ord. 2007-22, 2007; Ord. 0-2006-01, 2006; Ord. 90-10 (part), 1990; Ord. 83-Z-2 (part), 1983; Res. 83-10, 1983) 17.22.110 Repealed. (Ord. 2007-22, 2007; Ord. 88-4 § 2 (part), 1988) 17.22.120 Repealed. (Ord. 2013-001 , 2013; Ord. 2007-22, 2007) Redline version