HomeMy WebLinkAbout2019 Docket Enabling Ordinance_unsigned2019 Docket Enabling Ordinance December 3, 2019
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BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
ORDINANCE
NO. 2019 - _____
REVISIONS OF KITTITAS COUNTY CODE AND COMPREHENSIVE PLAN
AS PART OF THE 2019 ANNUAL COMPREHENSIVE PLAN AMENDMENT CYCLE.
Whereas, this ordinance, revising Kittitas County Code and Comprehensive Plan, contains four
sections of findings, as follows:
Section I - Procedural Findings
Section II - Board of County Commissioners Findings
Section III - Final Decision and Signatures
Exhibits A-M - Changes to Kittitas County Code and Comprehensive Plan
2019 Docket Enabling Ordinance December 3, 2019
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SECTION I
PROCEDURAL FINDINGS
Whereas, Kittitas County opted into the Growth Management Act, RCW 36.70A, voluntarily on
December 27, 1990, through Resolution 90-138; and
Whereas, The Kittitas County GMA Comprehensive Plan was originally adopted on July 26, 1996
by the Kittitas County Board of County Commissioners; and
Whereas, Kittitas County Code 15B.03.030 indicates that any interested person, including
applicants, citizens, county commission and board members, and staff of other agencies
may suggest plan or development regulation amendments for annual consideration by the
Kittitas County Planning Commission and Board of County Commissioners; and
Whereas, Kittitas County Code 15B.03.030 requires amendments to the comprehensive plan or
development regulations that are docketed by June 30th must be approved or denied by
the Board of County Commissioners on or before December 31st of that same calendar
year; and
Whereas, Kittitas County Community Development Services docketed a list of suggested changes
to the Kittitas County Code and Comprehensive Plan and made these proposals readily
available for review by the public in Community Development Services and within the
County’s official website; and
Whereas, Kittitas County submitted its proposed docketed items on August 28, 2019 to the
Department of Commerce as required by statute and received letter of receipt on
August 28, 2019 that the docket proposal had been received and was sent to other
agencies for comment; and
Whereas, Comments were received from state agencies and members of the public; and
Whereas, Kittitas County filed its overall docket SEPA checklist on September 23, 2019 and
issued a Determination of Non-significance (DNS) for the annual docket on October
3, 2019 through authority of WAC 197-11-340; and
Whereas, The four individual SEPA checklists for the individual citizen docket requests were all
filed prior to June 30, 2019. Kittitas County issued a Determinations of Non-
significance (DNS) for all four individual SEPA checklists for the individual citizen
docket requests on October 3, 2019 through authority of WAC 197-11-340; and
Whereas, There were no agency or public appeals or reviews filed on the Determinations of Non-
significance; and
Whereas, Due public notice was placed upon the County official website and in the Daily
Record on September 24 and October 1, 2019 regarding the Planning Commission
public hearing; and
Whereas, The Planning Commission was scheduled to conduct a public hearing on October 8,
2019 to hear testimony and take public comment on the items considered for
2019 Docket Enabling Ordinance December 3, 2019
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amendment however, due to a lack of quorum, the meeting was cancelled. There were
numerous members of the public in attendance that evening.
Whereas, After due notice and publication on official website and Daily Record on October 15
and 22, 2019, the Planning Commission conducted a special public hearing on
October 29, 2019 to hear testimony and take public comment on the items considered
for amendment and after deliberation made recommendations to the Board of County
Commissioners, taking due consideration of the public benefit involved in the
proposals; and
Whereas, After due notice and publication on official website and Daily Record on October 29
and November 5, 2019, the Kittitas County Board of County Commissioners held an
open public hearing on November 12, 2019, during which public testimony was taken
from those persons wishing to be heard regarding the docket items being considered;
and
Whereas, After deliberation, the Board of County Commissioners made decisions on each
docket item presented; and
Whereas, Following the decisions on the docket items the Kittitas County Board of
Commissioners instructed County staff to prepare an ordinance for their signature to
adopt changes to the Kittitas County Code and Comprehensive Plan; and
Whereas, The Kittitas County Board of County Commissioners considered enabling documents
before the public on December 3, 2019.
SECTION II – BOARD OF COUNTY COMMISSIONERS FINDINGS
General Findings:
The Kittitas County Board of County Commissioners held a public hearing on November 12, 2019 to
hear testimony and accept written comments regarding proposed amendments to the Kittitas County
Code and Comprehensive Plan. All members of the public who wanted to testify were allowed to
speak or submit written correspondence into the record.
The docketed items discussed during the Board of County Commissioners public hearings included:
2018 Proposed AMENDMENTS to Kittitas County Code and Comprehensive Plan
Number Applicant Name Project Description
Planning
Commission
Recommendation
Staff
Recommendation
to BOCC
19-01
KCC Chapter
15A.11
Kittitas County
CDS Planning
Division &
Prosecuting
Attorney’s Office
KCC 15A.11.010 – Clarify
language so that Development
Agreements (DAs) are
consistent with RCW
36.70B.170
Amend the code
as proposed by
staff.
4-0 Approve
Approve as
recommended by
Staff and PC.
19-02
KCC Chapter
Kittitas County
CDS Planning
Administrative appeals should
be made to CDS now that the
Amend the code
as proposed by
Approve as
recommended by
2019 Docket Enabling Ordinance December 3, 2019
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15A, 16, & 17 Division Hearing Examiner hears them
instead of the BOCC
staff.
4-0 Approve
Staff and PC.
19-03
KCC Title 17
Housekeeping
Amendments
Kittitas County
CDS Planning
Division
•17.08.067 – amend definition
of “Animal Boarding to remove
“riding arenas”. Riding arenas
have their own use in the uses
table and shouldn’t be part of
this definition.
•17.60A.015(7)(b) – Code
references RCW
36.70A.030(15) as GMA
definition of “rural character.”
The correct reference is RCW
36.70A.030(16)
•KCC 17.61.040.2 – Clarify for
building permit not CUP permit
and update reference to
“subsections E and F of this
section” to “subsections 4 and 5
of this section” as they were
renumbered (SEE ORD 2000-
06)
•KCC 17.61B- Table 5.3 –
Footnote # 3 strike “Zoning
Administrator or Board of
Adjustment” and replace with
“CDS Director”.
Amend the code
as proposed by
staff.
4-0 Approve
Approve as
recommended by
Staff and PC.
19-04
KCC Title 17
Setbacks
Language,
various
chapters
Kittitas County
CDS Planning
Division
KCC 17.08.590 defines front
yard as “any yard abutting a
public or private street”.
17.18.070, 17.28.50, 17.29.050,
17.31.060, 17.56.060 all
contain references to “corner
lots” and provide larger side
yard setbacks on the side
abutting the street. But ANY
yard abutting a street is a front
yard, rendering this definition
contradictory and confusing.
Amend staff
recommendation
to include
“vehicular” to the
street frontage
definition.
4-0 Approve as
amended
Approve as
recommended by
PC.
19-05
Snoqualmie
LAMIRD
setback
changes
Kittitas County
CDS Planning
Division
KCC 17.16 Residential and
17.18 Residential 2, to increase
front yard setbacks to 25 feet
and decrease rear yard setbacks
to 15 feet within the
Snoqualmie LAMIRD.
Amend the code
as proposed by
staff.
4-0 Approve
Approve as
recommended by
Staff and PC.
19-06
KCC Chapter
17.15
Kittitas County
CDS Planning
Division
KCC 17.15.080 Provide
exception to allow 4-H pigs in
urban growth area.
Amend the code
as proposed by
staff.
Approve as
recommended by
Staff and PC.
2019 Docket Enabling Ordinance December 3, 2019
Page 5
Remanded by
BOCC through
2018 docket.
4-0 Approve
19-07
KCC 18.01.020
Kittitas County
CDS – Code
Enforcement
Include CDS Director, Code
Enforcement Officer, Building
Official, and Public Works
Director as authorized officials.
Amend the code
as proposed by
staff.
4-0 Approve
Approve as
recommended by
Staff and PC.
19-08
KCC 12.04.080
KCC 20.02.020
KCC 20.02.030
Kittitas County
CDS – Planning
and Public Works
Revise driveway width and
grade requirements for
consistency between Kittitas
County Code Sections and
International Fire Code.
Amend the code
as proposed by
staff.
4-0 Approve
Approve as
recommended by
Staff and PC
(includes scrivener
errors described
by Director Cook
at PC Hearing).
19-09
Map
Amendments
and
Comprehensive
Plan Tables 2-1
& 8-1
Kittitas County
CDS – Planning
Annexations into City of
Ellensburg Jurisdiction through
Ellensburg Ordinances. This is
a map amendment.
•Update zoning and land use
tables in Chapter 2 and Chapter
8 of Comp Plan if necessary
Accept Staff
Recommendation
4-0 Approve
Approve as
recommended by
Staff and PC.
19-10
CP-19-00001
and RZ-19-
00001
Citizen Request –
Ronald and
Bonnie Scott, Jeff
Slothower (Agent)
Scott Non-Project Rezone –
Comp Plan Map Amendment –
Proposal to rezone two parcels
in Easton Type 1 LAMIRD
from Residential to General
Commercial.
Accept Staff
Recommendation
4-0 Approve
Approve as
recommended by
Staff and PC.
19-11
CP-19-00002
Citizen Request –
Jeff Bainter,
Thomas Durant
Bainter Text Amendment –
proposal to allow Mini-
warehouses, RV storage, RV
maintenance and repair as
separate land uses in the Forest
and Range zoning district
through a conditional use
permit.
Amend staff
recommendation
to modify siting
criteria.
4-0 Approve
Approve as
recommended by
Staff.
(Staff
recommends
approval of the
code amendments
as proposed by
applicant except
for the definition
of Mini-
warehouse.)
19-12
CP-19-00003 &
RZ-19-00002
Citizen Request –
DK Professional
Consultants
DK Professional Consultants –
Comp Plan Map Amendment
and Non-project rezone –
proposal to change the land use
of two parcels from Rural
Working to Rural Residential
and zoning from Forest &
Range to Rural 5.
Recommend
approval subject to
applicant
providing TDRs to
the county.
4-0 Approve
Approve as
recommended by
PC.
19-13 Citizen Request – Willard Text Amendment – Recommend Approve as
2019 Docket Enabling Ordinance December 3, 2019
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CP-19-00004 Steve Willard Proposal includes 5 text
amendments to allow for infill
in the UGAs and to allow
development within the UGAs.
Code Sections proposed for
amendments include:
• KCC 13.08.090
Recording Plat, Conditions
Precent (Title 13.08 Private
Sewage Disposal System in
Plats),
• KCC 17.11.040
Infrastructure (Title 17.11
Urban Growth Area),
• KCC 17.11.050
Minimum Density (Title 17.11
Urban Growth Area),
• KCC 17.22.030 Lot –
Size Requirement (Title 17.22
UR – Urban Residential Zone),
• KCC 17.58.050 Uses,
Development Requirements,
and Restrictions (Title 17.58
Airport Zone)
Recommend
approval of
requests 1, 3, & 4
as amended.
4-0 Approve
recommended by
PC.
19-01 Kittitas County Proposal:
Amend KCC 15A.11.010 to provide consistency between RCW 36.70B and County Code as it
relates to Development Agreements, Exhibit A.
The amendment would amend and clarify county code language so that Development Agreements are
consistent with RCW 36.70B.170.
The Board of County Commissioners held a public hearing on November 12, 2019 and, by a 3-0 vote,
approved the proposal with one amendment to strike the last sentence proposed by staff that stated
“As provided in RCW 36.70B.170, a development agreement shall reserve authority to impose new or
different regulations to the extent required by a serious threat to public health and safety” finding that:
I. The Planning Commission recommended approval as presented by staff to the Board of
County Commissioners with a vote of 4-0.
II. The Board of County Commissioners determined that the last sentence of staff’s proposal
was not necessary and by not including this language, the need for future updates for
consistent citing of RCW would be limited.
III. No public testimony for this proposal was received.
IV. The change meets the Growth Management Act and the objectives of the Comprehensive
Plan.
19-02 Kittitas County Proposal:
Amend KCC 15A.07.010, 16.05.030, 16.32.070, and 17.60B.110 to change the office that
administrative land use decision appeals shall be filed, Exhibit B.
2019 Docket Enabling Ordinance December 3, 2019
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This amendment to KCC 15A.07 changes the filing location for appeals of administrative land use
decisions. This code change necessitates other portions of KCC 16 and KCC 17 to be amended as
well for consistency. The BOCC office is no longer the appropriate place to file these types of appeals
because the BOCC amended county code during the 2018 Annual Docket re-assigning the authority to
the Hearing Examiner.
The Board of County Commissioners held a public hearing on November 12, 2019 and approved the
request as presented by a 3-0 vote, finding that:
I. The Planning Commission recommended approval as presented by staff to the Board of
County Commissioners with a vote of 4-0.
II. No public testimony for this proposal was received.
III. The change meets the Growth Management Act and the objectives of the Comprehensive
Plan.
19-03 Kittitas County Proposal:
Housekeeping amendments to KCC Title 17 to clarify that “riding arenas” are a standalone land
use already in code, update RCW references that have changed, to clarify that “permit” in
17.61.040.2 is specific to “building permits”, and to correct scrivener errors, Exhibit C.
This amendment will make the following changes:
•17.08.067 – amend definition of “Animal Boarding to remove “riding arenas”. Riding arenas
have their own use in the uses table and shouldn’t be part of this definition.
•17.60A.015(7)(b) – Code references RCW 36.70A.030(15) as GMA definition of “rural
character.” The correct reference is RCW 36.70A.030(20)
•KCC 17.61.040.2 – Clarify for building permit not CUP permit and update reference to
“subsections E and F of this section” to “subsections 4 and 5 of this section” as they were
renumbered (SEE ORD 2000-06).
•KCC 17.61B- Table 5.3 – Footnote # 3 strike “Zoning Administrator or Board of
Adjustment” and replace with “CDS Director”.
The Board of County Commissioners held a public hearing on November 12, 2019 and approved the
request as presented by a 3-0 vote, finding that:
I. The Planning Commission recommended approval as presented by staff to the Board of
County Commissioners with a vote of 4-0.
II. No public testimony for this proposal was received.
III. The change meets the Growth Management Act and the objectives of the County’s
Comprehensive Plan.
19-04 Kittitas County Proposal:
Amend Title 17 regarding definitions of “lot line, front” and add a definition for “street
frontage.” Additionally, amend various sections of Title 17 to remove “corner lots” from yard
requirements in numerous zones, Exhibit D.
This amendment includes a new definition of “street frontage” and amends the definition of “lot line, front” to
better define setback requirements. In addition to these definition changes, KCC 17.18.070, 17.28.050,
2019 Docket Enabling Ordinance December 3, 2019
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17.29.050, 17.31.060, and 17.56.060 are amended to remove reference to “corner lots” to clarify contradictory
language between definitions and individual zoning setback requirements throughout Title 17.
The Board of County Commissioners held a public hearing on November 12, 2019 and approved the
request as presented based on the Planning Commission recommendation by a 2-1 vote,
Commissioner Wright against, finding that:
I. The Planning Commission recommended approval with amendments to the Board of County
Commissioners with a vote of 4-0.
II. No public testimony for this proposal was received.
III. The change meets the Growth Management Act and the objectives of the Comprehensive
Plan.
19-05 Kittitas County Proposal:
Amend KCC 17.16 Residential and KCC 17.18 Residential 2 regarding setbacks limited to the
Snoqualmie LAMIRD, Exhibit E.
The amendments to KCC 17.16 and KCC 17.18 change the front setback requirement from 15 feet to 25 feet
to allow for additionally snow storage within the Snoqualmie LAMIRD. The rear setback requirements in
these two sections change from 25 feet to 15 feet to allow for the same potential building space prior to the
setback changes. These changes only apply to those properties located within the Snoqualmie LAMIRD zoned
either Residential of Residential 2.
The Board of County Commissioners held a public hearing on November 12, 2019 and approved the
request as presented by a 3-0 vote, finding that:
I. The Planning Commission recommended approval to the Board of County Commissioners
with a vote of 4-0.
II. No public testimony for this proposal was received.
III. The change meets the Growth Management Act and the objectives of the Comprehensive
Plan.
19-06 Kittitas County:
Amend KCC 17.15.080 regarding swine, Exhibit F.
This amendment to KCC 17.15.080 footnotes associated with the Urban Use Table to allow the raising
of swine specific to youth educational projects as long fencing and housing adequate to fully contain
the swine is provided. This item was remanded back to staff from the 2018 annual docket cycle for
the 2019 cycle.
The Board of County Commissioners held a public hearing on November 12, 2019 and approved the
request as presented by a 3-0 vote, finding that:
I. The Planning Commission recommended approval of the proposal to the Board of County
Commissioners with a vote of 4-0.
II. No public testimony for this proposal was received.
III. The change meets the Growth Management Act and the objectives of the Comprehensive
Plan.
19-07 Kittitas County Proposal
Amend Title 18 to identify additional authorized officials, Exhibit G.
2019 Docket Enabling Ordinance December 3, 2019
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This amendment to KCC 18.01.020 identifies additional authorized officials including the CDS
Director, Code Enforcement Officer, Building Official, and Public Work Director, for the purposes of
enforcing KCC Title 18, Code Enforcement.
The Board of County Commissioners held a public hearing on November 12, 2019 and approved the
request as presented with the correction of a scrivener error by a 3-0 vote, finding that:
I. The Planning Commission recommended approval to the Board of County Commissioners
with a vote of 4-0.
II. Public testimony against this proposal was received.
III. The change meets the Growth Management Act and the objectives of the Comprehensive
Plan.
19-08 Kittitas County Proposal:
Amend KCC 12.04.080, 20.02.020, and 20.02.030 to revise driveway width and grade
requirements, Exhibit H.
This amendment to KCC 12.04.080, 20.02.020, and 20.02.030 revises the driveway width and grade
requirements for consistency between Kittitas County Code and the International Fire Code.
The Board of County Commissioners held a public hearing on November 12, 2019 and approved the
request as presented by a 3-0 vote, finding that:
I. The Planning Commission recommended approval to the Board of County Commissioners
with a vote of 4-0.
II. Public testimony in favor of this proposal was received.
III. The change meets the Growth Management Act and the objectives of the Comprehensive
Plan.
19-09 Kittitas County Proposal:
Amendment to Comprehensive Plan and Zoning Map, Exhibit I.
This amendment includes the following:
City of Ellensburg zoning map changes - The official zoning map is updated to reflect
the recent annexation of parcel # 10879 depicted in the City of Ellensburg Annexation
Ordinance No. 4825.
City of Ellensburg zoning map changes - The official zoning map is updated to reflect
the recent annexation of parcel #s 10576, 10575, 10574, and 10572 depicted in the
City of Ellensburg Annexation Ordinance No. 4827.
Update Table 2-1 of the Comprehensive Plan to reflect the current land use
designations and corresponding zoning classifications with their associated acreages.
Update Table 8.2.4-1 of the Comprehensive Plan to reflect the current rural land use
designations and corresponding zoning classifications with their associated acreages.
An official paper zoning map is provided with this ordinance for approval and signature by the BOCC
Chair reflecting all changes approved through this ordinance.
2019 Docket Enabling Ordinance December 3, 2019
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The Board of County Commissioners held a public hearing on November 12, 2019 and approved the
request as presented by a 3-0 vote, finding that:
I. The Planning Commission recommended approval to the Board of County Commissioners
with a vote of 4-0.
II. No public testimony for this proposal was received.
III. The change meets the Growth Management Act and the objectives of the Comprehensive
Plan.
19-10 Citizen-Initiated Proposal:
Map amendment for a Non-Project Rezone within the Easton Type 1 LAMIRD, Exhibit J.
This amendment was proposed by a private citizen and has been assigned file numbers CP-19-00001
and RZ-19-00001. Jeff Slothower, agent for Ronald and Bonnie Scott are proposing a rezone and map
amendment to two parcels (061634 and 029034) from a Residential (061634) and split zoned parcel
(029034), rezoned to a General Commercial zoning designation. The parcels are part of a small
grouping of residentially zoned parcels in the Easton LAMIRD that border I-90 and are surrounded by
General Commercial on the remaining sides. The rezone will allow for a zoning designation more
consistent with the existing use conducted on the property. An excavation business has operated on the
properties since 1975. A comprehensive plan amendment (CP-19-00001), rezone application (RZ-19-
00001), and SEPA checklist were submitted as part of the application packet. A SEPA DNS was
issued on October 3, 2019 and the comment period regarding this determination ended on October 18,
2019 at 5:00 pm. No SEPA appeals were filed. The processing of this non-project specific rezone is
consistent with Kittitas County Code 15B.03 Amendments to Comprehensive Plan.
The Board of County Commissioners held a public hearing on November 12, 2019 and approved the
request as presented by a 3-0 vote, finding that:
I. The Planning Commission recommended approval to the Board of County Commissioners
with a vote of 4-0.
II. No public testimony for this proposal was received.
III. The zone change and associated uses is more consistent with the surrounding property and is
consistent with the current use of the property that has existed for approximately 50 years.
IV. This non-project rezone is consistent with KCC 17.98 and KCC 15B.03.
V. The change meets the Growth Management Act and the objectives of the Comprehensive
Plan.
19-11 Citizen-Initiated Proposal:
Amendments to Title 17 regarding Mini warehouse, Recreational vehicle/equipment service and
repair, and recreational vehicle storage, Exhibit K.
This amendment was proposed by a private citizen and has been assigned file number CP-19-00002.
The request is a text amendment from Thomas Durant, authorized agent for Jeff Bainter to allow mini -
warehouses, RV storage, and RV maintenance and repair as separate land uses in the Forest and Range
zoning district through a conditional use permit. These proposed amendments, modify existing
definitions, propose a new definition for “Recreational vehicle/equipment service and repair”, add the
uses as a CU (conditional use) in KCC 17.5.060.1 Rural Non-LAMIRD Use Table, and also modify
and/or add associated footnotes. The proponent argues that this is consistent with the Kittitas County
Comprehensive Plan by allowing for diverse business industries, commercial endeavors, and tourism
based business to operate in the county with an emphasis on uses that have a low demand for water
2019 Docket Enabling Ordinance December 3, 2019
Page 11
and public services (GPO 2.42, 2.43A, 8.8, 8.16, 8.17, 8.18, 8.21, 8.44C, 8.54, 8.57, 8.61, 10.4, and
10.5). These GPOs have been replaced as either a policy or goal in the most recent Comprehensive
Plan Periodic Update by Ordinance No. 2019-010 dated June 2019. The new citations are as follows
respectively: LU-P56, LU-P57, RR-P4, RR-P15, RR-P16, RR-P17, RR-P19, RR-P45, RR-P54, RR-
P56, RR-P61, E-G4, and E-P5.
County staff recommended approval of the code amendments as proposed by the applicant except for
the definition of mini-warehouse. Staff finds it unnecessary to include RV Storage in the definition of
“mini-warehouses” because “rv storage” is its own use in the use table and is proposed to be permitted
with a conditional use permit therefore expanding the definition of “mini-warehouses” is redundant.
The Planning Commission recommended modifying staff’s recommendation to to re-write the siting
criteria to only allow contiguous or adjacent to state highways and within ¼ mile of highway
interchanges and freeway interchanges.
The Board of County Commissioners held a public hearing on November 12, 2019 and approved the
request as presented by staff with one additional change, striking the building height requirement
proposed by the applicant, by a 3-0 vote, finding that:
I. The Planning Commission recommended approval to the Board of County Commissioners
with a vote of 4-0.
II. Public testimony in favor of this proposal was received.
III. The Forest and Range zone provides adequate building height standards.
IV. The change meets the Growth Management Act and the objectives of the Comprehensive
Plan.
19-12 Citizen-Initiated Proposal:
Map amendment for a Non-Project Rezone and Land Use change within unincorporated Kittitas
County, Exhibit L.
This amendment was proposed by a private citizen and has been assigned file numbers CP-19-00003
and RZ-19-00002. Pat Deneen, authorized agent for DK Professionals is proposing to change the land
use and zoning designations of two parcels (17916*** and 17918) from a land designation of Rural
Working to Rural Residential and zoning from Forest & Range to Rural 5. Parcel 17916 is adjacent to
the south of parcels zoned Rural 5 in the Rural Residential land use designation. Parcel 17918 is
adjacent to 17916. The parcels are partially located under the BPA transmission lines and in an area
used primarily for residential and recreational purposes. A comprehensive plan amendment (CP -19-
00003), rezone application (RZ-19-00002), and SEPA checklist were submitted as part of the
application packet. A SEPA DNS was issued on October 3, 2019 and the comment period regarding
this determination ended on October 18, 2019 at 5:00 pm. No SEPA appeals were filed . The
processing of this non-project specific rezone and land use designation change is consistent with
Kittitas County Code 15B.03 Amendments to Comprehensive Plan.
Planning Commission recommended approval of the proposed rezone and land use change subject to
the applicant providing TDRs to the county. Upon further review of rezone criteria in KCC 17.98 and
TDR requirements in KCC 17.13, staff agrees with the planning commission recommendation that this
proposal can be approved subject to (conditioned) the applicant provides TDRs prior to final plat of
future subdivision.
The Board of County Commissioners held a public hearing on November 12, 2019 and approved the
request as presented by a 3-0 vote, finding that:
2019 Docket Enabling Ordinance December 3, 2019
Page 12
I. The Planning Commission recommended approval to the Board of County Commissioners
with a vote of 4-0.
II. No public testimony for this proposal was received.
III. This non-project rezone and land use change is consistent with KCC 17.98 and KCC
15B.03.
IV. The change will not go into effect until TDR’s are provided pursuant to KCC 17.13.080.2(a)
and (b).
V. The change meets the Growth Management Act and the objectives of the Comprehensive
Plan.
19-13 Citizen-Initiated Proposal:
Amendments to Title 13 and 17 regarding development in Urban Growth Areas, Exhibit M.
This amendment was proposed by a private citizen and has been assigned file number CP-19-00004.
The request is a text amendment from Steve Willard to allow for infill in the UGAs and to allow
development with UGAs. The applicant originally proposed five (5) text amendments but later
revised and/or withdrew his requests as follows:
Text Amendment 1
KCC 13.08.090 Recording Plat, Conditions Precedent (Title 13.08 Private Sewage Disposal
System in Plats)
Text Amendment 2 - WITHDRAWN by applicant on 10/25/2019
KCC 17.11.040 Infrastructure (Title 17.11 Urban Growth Area)
Text Amendment 3
KCC 17.11.050 Minimum Density (Title 17.11 Urban Growth Area)
Text Amendment 4
KCC 17.22.030 Lot – Size Requirement (Title 17.22 UR – Urban Residential Zone)
Text Amendment 5 - WITHDRAWN by applicant on 10/25/2019
KCC 17.58.050 Uses, Development Requirements, and Restrictions (Title 17.58 Airport
Zone)
The Planning Commission recommended to retain text amendment 1 as submitted by applicant on
October 25, 2019 with striking the reference to the Ellensburg UGA, retain text amendment 3 as
submitted by applicant on October 28, 2019 with striking the reference to the Ellensburg UGA, and
retain text amendment 4 as submitted by applicant on October 28, 2019 with striking the reference to
the Ellensburg UGA.
The Board of County Commissioners held a public hearing on November 12, 2019 and approved the
request as presented by staff based on the Planning Commission recommendation and directed
staff to reword the new text for grammatical consistency by a 3-0 vote, finding that:
I. The Planning Commission recommended approval to the Board of County Commissioners
with a vote of 4-0.
II. No public testimony for this proposal was received.
III. The change meets the Growth Management Act and the objectives of the Comprehensive
Plan.
2019 Docket Enabling Ordinance December 3, 2019
Page 13
SECTION III - FINAL DECISION AND SIGNATURES
BE IT ORDAINED that the Board of Kittitas County Commissioners, after due deliberation, hereby
approves amendments to KCC 15A.11.010 to provide consistency between RCW 36.70B and County
Code as it relates to Development Agreements, as shown in Exhibit A.
BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due
deliberation, hereby approves amendments to KCC 15A.07.010, 16.05.030, 16.32.070, and
17.60B.110 to change the office that administrative land use decision appeals shall be filed, as shown
in Exhibit B.
BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due
deliberation, hereby approves housekeeping amendments to KCC Title 17 to clarify that “riding
arenas” are a standalone land use already in code, update RCW references that have changed, to
clarify that “permit” in 17.61.040.2 is specific to “building permits”, and to correct scrivener errors , as
shown in Exhibit C.
BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due
deliberation, hereby approves amendments to KCC Title 17 regarding definitions of “lot line, front”
and add a definition for “street frontage.” Additionally, amend various sections of Title 17 to remove
“corner lots” from yard requirements in numerous zones, as shown in Exhibit D.
BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due
deliberation, hereby approves amendments to KCC 17.16 Residential and KCC 17.18 Residential 2
regarding setbacks limited to the Snoqualmie LAMIRD, as shown in Exhibit E.
BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due
deliberation, hereby approves amendment to KCC 17.15.080 regarding the raising of swine specific to
youth educational projects, as shown in Exhibit F.
BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due
deliberation, hereby approves amendments to KCC Title 18 to identify additional authorized officials,
as shown in Exhibit G.
BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due
deliberation, hereby approves amendments to KCC 12.04.080, 20.02.020, and 20.02.030 to revise
driveway width and grade requirements, as shown in Exhibit H.
BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due
deliberation, hereby approves amendments to the Comprehensive Plan and Zoning Map, as shown in
Exhibit I.
BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due
deliberation, hereby approves map amendment for a non-project rezone within the Easton Type 1
LAMIRD from residential to general commercial, as shown in Exhibit J.
BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due
deliberation, hereby approves amendments to definitions and land use tables in KCC Title 17
regarding mini warehouse, recreational vehicle/equipment service and repair, and recreational vehicle
storage, as shown in Exhibit K.
2019 Docket Enabling Ordinance December 3, 2019
Page 14
BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due
deliberation, hereby approves map amendment for a non-project rezone and land use change within
unincorporated Kittitas County from forest and range zone to rural 5 zone and rural working land use
to rural residential land use conditioned that the mapping changes will not take effect until such time
that TDRs are provided to Kittitas County as required by KCC 17.13.080.2(a) and (b), as shown in
Exhibit L.
BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due
deliberation, hereby approves amendments to KCC Title 13 and 17 regarding development in Urban
Growth Areas, as shown in Exhibit M.
NOW, BE IT FURTHER ORDAINED that the Board of County Commissioners, after due
deliberation, hereby approves the adoption of the 2019 Amendments to the Kittitas County Code as
shown in Exhibits A through M attached hereto and incorporated by reference. Information Services
is hereby directed to make these changes to the regulations on the County website. The Community
Development Services Director and Prosecuting Attorney are authorized to correct any scrivener’s
errors without Board approval.
Adopted this ___3rd_____ day of _____December______, 2019, at Ellensburg, Washington.
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Cory Wright, Chairman
Brett Wachsmith, Vice-Chairman
Laura Osiadacz, Commissioner
ATTEST: APPROVED AS TO FORM:
☐ Clerk of the Board- Julie Kjorsvik
☐ Deputy Clerk of the Board- Mandy Buchholz
Neil Caulkins, Deputy Prosecuting Attorney
signing for Gregory L. Zempel Prosecuting Attorney
2019 Docket Enabling Ordinance December 3, 2019
Page 15
Exhibit A: Amendment 19-01
Amendment to Development Agreements
15A.11.010 Development agreements.
Kittitas County may enter into development agreements pursuant to RCW 36.70B.170 through
36.70B.210. A decision to enter into a development agreement shall be made on a case-by-case basis. A
development agreement may be appropriate for large, complex or phased projects, or projects which were
not contemplated by existing development regulations or existing application procedures. The provisions
of a A development agreement shall be consistent with the county’s comprehensive plan and all
applicable may include provisions which are different or in addition to other county development
regulations., as long as impacts are mitigated. (Ord. 2000-07; Ord. 9810, 1998)
2019 Docket Enabling Ordinance December 3, 2019
Page 16
Exhibit B: Amendment 19-02
Amendments to KCC Title 15A, 16, and 17 regarding
Administrative Appeals
Chapter 15A.07
ADMINISTRATIVE DECISIONS APPEALS
Sections
15A.07.010 Appeal of determination or decision.
15A.07.020 Procedures for Administrative appeals.
15A.07.030 Repealed.
15A.07.040 Remand.
15A.07.050 Appeal of decision - Scope of authority.
15A.07.010 Appeal of determination or decision.
1. An appeal of an administrative land use decision shall be filed with the board of county
commissionersCommunity Development Services within 10 working days of the date of the
decision.
2. Appeals shall contain a written, concise statement identifying:
a. The decision being appealed;
b. The name and address of the appellant and his interest(s) in the matter;
c. The specific reasons why the appellant believes the decision to be wrong. The appellant
shall bear the burden of proving the decision was wrong;
d. The desired outcome or changes to the decision;
e. The appeals fee.
The appeal shall contain only the above listed material, and shall not contain or attempt to
introduce new evidence, testimony, or declaration.
3. Upon the filing of a timely appeal, the administrator shall, in consultation with the appropriate
hearing body chair pursuant to KCC 15A.01.040, set the time and place at which the matter will
be considered and establish a briefing schedule for the parties. The officer from whom the appeal
is being taken shall forthwith transmit to the reviewing body and the parties all of the records
pertaining to the decision being appealed. The appellant's brief and supporting declarations shall
be due no sooner than 15 days after having received the administrative record and no later than 30
days prior to the hearing date. Briefing and supporting declarations from the County and any
other Respondents shall be due 10 working days prior to the hearing date. There shall be no
response or rebuttal briefing by any party. All parties submitting briefing with or without
2019 Docket Enabling Ordinance December 3, 2019
Page 17
supporting declarations have the responsibility to deliver copies of such documents to the hearing
body and all other parties within the time limits set herein. (Ord. 2014-008, 2014; Ord. 2010-008;
Ord. 2000-07; Ord. 98-10, 1998)
Chapter 16.05
BINDING SITE PLAN
Sections
16.05.010 Binding Site Plan Alternative to Platting.
16.05.020 Requirements.
16.05.030 Appeal.
16.05.040 Recording.
16.05.060 Amendments and Rescindment.
16.05.030 Appeal.
Any decision by the director shall be final unless appealed to the Board of County
CommissionersCommunity Development Services as provided for in KCC 15A.07. (Ord. 2005-31, 2005)
Chapter 16.32
SHORT PLAT REQUIREMENTS
Sections
16.32.010 Drawings - General information requirements.
16.32.020 Short plat design standards.
16.32.030 Required improvements, road standards and irrigation easements.
16.32.050 Short plat review.
16.32.070 Board review - Appeals.
16.32.080 Final approval - Filing.
16.32.090 Expiration.
16.32.100 Alterations.
16.32.070 Board review - Appeals.
Any person(s) aggrieved by any decision of the director may request a review of that decision by the
board of county commissioners hearing examiner. Such request must be made pursuant to Title 15A of
this code, Project permit application process. (Ord. 2005-31, 2005)
2019 Docket Enabling Ordinance December 3, 2019
Page 18
Chapter 17.60B
PERMITTED ADMINISTRATIVE USES
Sections
17.60B.010 Applicability.
17.60B.020 Purpose.
17.60B.030 Administrative Authority.
17.60B.040 Repealed.
17.60B.050 Administrative Review.
17.60B.060 Administrative Action.
17.60B.070 Permit Processing and Notice.
17.60B.080 Effect.
17.60B.090 Transfer of Ownership.
17.60B.100 Expiration.
17.60B.110 Appeal of Administrator's Decision.
17.60B.110 Appeal of Administrator's Decision.
Action by the Administrator is final unless an appeal in writing is filed with the BoardCommunity
Development Services, together with the applicable fee, within the time allowed per KCC Title 15A,
Project Permit Application Process of the Kittitas County Code. The request shall conform to the
requirements of KCC Chapter 15A.07, Project Permit Application Process of the Kittitas County Code.
(Ord. 2013-001, 2013; Ord. 2012-009, 2012; Ord. 2007-22, 2007)
2019 Docket Enabling Ordinance December 3, 2019
Page 19
Exhibit C: Amendment 19-03
Amendments to Title 17
17.08.067 Animal boarding.
"Animal boarding" means a facility where animals are housed, fed, and cared for, excluding a veterinary
clinic, for a period greater than twenty-four (24) hours for commercial purposes. Such uses shall include,
but are not limited to, kennels and boarding stables. and riding academies (Ord. 2013-001, 2013; Ord.
2009-25, 2009; Ord. 2007-22, 2007)
17.60A.015 Review criteria.
The Director or Board, upon receiving a properly filed application or petition, may permit and authorize a
conditional use when the following requirements have been met:
1. The proposed use is essential or desirable to the public convenience and not detrimental or injuri ous
to the public health, peace, or safety or to the character of the surrounding neighborhood.
2. The proposed use at the proposed location will not be unreasonably detrimental to the economic
welfare of the county and that it will not create excessive public cost for facilities and services by
finding that
A. The proposed use will be adequately serviced by existing facilities such as highways, roads,
police and fire protection, irrigation and drainage structures, refuse disposal, water and sewers,
and schools; or
B. The applicant shall provide such facilities; or
C. The proposed use will be of sufficient economic benefit to offset additional public costs or
economic detriment.
3. The proposed use complies with relevant development standards and criteria for approval set forth in
this title or other applicable provisions of Kittitas County Code.
4. The proposed use will mitigate material impacts of the development, whether environmental or
otherwise.
5. The proposed use will ensure compatibility with existing neighboring land uses.
6. The proposed use is consistent with the intent and character of the zoning district in which it is
located.
7. For conditional uses outside of Urban Growth Areas, the proposed use:
A. Is consistent with the intent, goals, policies, and objectives of the Kittitas County
Comprehensive Plan, including the policies of Chapter 8, Rural and Resource Lands;
2019 Docket Enabling Ordinance December 3, 2019
Page 20
B. Preserves "rural character" as defined in the Growth Management Act (RCW
36.70A.030(20)(15));
C. Requires only rural government services; and
D. Does not compromise the long term viability of designated resource lands. (Ord. 2013-012,
2013; Ord. 2013-001, 2013; Ord. 2012-009, 2012; Ord. 2007-22, 2007; Ord. 88-4 § 11 (part),
1988: Res. 83-10, 1983)
17.61.040 Communication facilities - Administrative review - General requirements.
1. Communication facilities may be authorized by the Community Development Services director as an
administrative conditional use in all zoning districts, pursuant to the criteria and procedures of this
chapter and KCC Title 15A and KCC 17.60. An administrative conditional use permit is not required
for the operation of amateur or noncommercial communication equipment as defined by FCC
regulations under Part 95D and Part 97 CFR (i.e., citizen band, ham radio).
2. Construction of all improvements shall be completed within one year of the date of building permit
issuance except as provided for in subsections 4 E and 5 F of this section.
3. The property line setback shall be 1.2 times the height of the structure. The lot line setback
requirements of this title may be reduced by the Community Development Services director, in order
to improve the facilities' reception and/or transmission capabilities or to achieve greater levels of
audible or visual screening provided the applicant can provide evidence that it would not be possible
for the tower to fall on neighboring properties. Communication facilities shall be designed to blend
with existing surroundings; provided, no conflicts exist with existing Federal Communications
Commission and the Federal Aviation Administration regulations relating to aircraft safety. This
should be achieved through the use of compatible colors and materials, and alternative site
placement to allow the use of topography, existing vegetation or other structures to screen the
proposed transmission support structure from adjacent lands.
4. The co-location of antennas on both existing and proposed transmission structures is encouraged.
Communication antennas shall be permitted outright in all zoning districts provided the following:
a. An antenna shall not extend more than six feet horizontally from any structure to which it is
attached.
b. An antenna shall not extend vertically more than 15 feet above the uppermost portion of the
structure to which it is mounted or attached.
5. Modifications to, including the expansion of, existing approved communication facilities shall be
outright permitted; provided, there is no increase in the height of the transmission tower. For
purposes of this subsection, "transmission tower" means a pole or lattice-work structure specifically
designed and intended to support antenna and related communication equipment. (Ord. 2018-001,
2018; Ord. 2007-22, 2007; Ord. 2001-12 (part), 2001: Ord. 2000-06 (part), 2000)
2019 Docket Enabling Ordinance December 3, 2019
Page 21
TABLE 5.3
LOT SIZE #
TOWERS
POLE TYPE TOTAL
HEIGHT2
SETBACKS3
INSIDE UGA1
(minimum 1 acre)
1 MONOPOLE MAXIMUM 75
FEET
1.2 TIMES
HEIGHT
1-3 ACRES OUTSIDE
UGA
1 MONOPOLE MAXIMUM 75
FEET
1.2 TIMES
HEIGHT
3-5 ACRES OUTSIDE
UGA
1 MONOPOLE, GUYED,
LATTICE
MAXIMUM 100 1.2 TIMES
HEIGHT
>5 ACRES OUTSIDE
UGA
1 MONOPOLE, GUYED,
LATTICE
MAXIMUM 120 1.2 TIMES
HEIGHT
1Rotors shall not exceed 30 feet in diameter in the UGA.
2Total Height shall be the distance measured from the grade plane to the tip of the rotor blade when
extended vertical to its highest point.
3Each SWES shall be setback from the nearest property line a distance no less than 1.2 times the Total
Height, unless appropriate easements are secured from adjacent property, or other acceptable mitigation is
approved by the Director Zoning Administrator or Board of Adjustment. (Ord. 2010-02, 2010; Ord. 2009-
25, 2009)
2019 Docket Enabling Ordinance December 3, 2019
Page 22
Exhibit D: Amendment 19-04
Amendments to Title 17 regarding setback language
17.08.370 Lot line, front.
"Front lot line" means any boundary line separating the lot from a street. (Res. 83-10, 1983) “Lot line,
front” means a lot line that abuts any public street, private street, right-of-way or other means of vehicular
access, other than an alley. “
17.08.390BA Lot, through.
"Lot, through" means a lot that has frontage on two (2) easements (public or private) for access. (Ord.
2013-001, 2013)
17.08.790C Street frontage.
“Street frontage” means the linear frontage of a parcel or property abutting a street or vehicular access
easement. (Res. 2012-78 (part), 8/14/12).
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)
17.18.070 Yard requirements - Side.
There shall be a side yard of not less than ten (10) feet on one side, and five (5) feet on the opposite 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; Ord. 89-10 (part), 1989)
17.28.050 Yard requirements - Side.
Side yard shall be a minimum of five (5) feet. 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)
2019 Docket Enabling Ordinance December 3, 2019
Page 23
17.28A.050 Yard requirements - Side.
Side yard shall be a minimum of five (5) feet. On corner lots the side yard shall be a minimum of fifteen
(15) feet on the side abutting the street. (Ord. 2013-001, 2013; Ord. 2005-05, 2005)
17.29.060 Yard requirements - Side yard.
Side yard shall be a minimum of five (5) feet; 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)
17.31.060 Yard requirements - Side yard.
Side yard shall be a minimum of five (5) feet; on corner lots the side yard shall be a minimum of fifteen
(15) feet on the side abutting the street. (Ord. 2013-001, 2013; Ord. 96-15 (part), 1996)
2019 Docket Enabling Ordinance December 3, 2019
Page 24
Exhibit E: Amendment 19-05
Amendments to Title 17 regarding setbacks in
Snoqualmie Pass LAMIRD
17.16.060 Yard requirements - Front.
a. 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.
b. The front yard setback depth shall be twenty-five (25) feet for parcels within the Snoqualmie Pass
LAMIRD.
17.16.080 Yard requirements - Rear.
a. There shall be a rear yard with a minimum depth of twenty-five (25) feet to the main building.
b. The rear yard setback depth shall be fifteen (15) feet to the main building for parcels within the
Snoqualmie Pass LAMIRD.
17.18.060 Yard requirements - Front.
a. There shall be a front yard having a minimum depth of fifteen feet (15), 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.
b. The front yard setback depth shall be twenty-five (25) feet for parcels within the Snoqualmie Pass
LAMIRD.
17.18.080 Yard requirements - Rear.
a. There shall be a rear yard with a minimum depth of twenty-five (25) feet to the main building.
However one accessory structure may be constructed within five (5) feet of the rear lot line.
b. The rear yard setback depth shall be fifteen (15) feet to the main building for parcels within the
Snoqualmie Pass LAMIRD.
2019 Docket Enabling Ordinance December 3, 2019
Page 25
Exhibit F: Amendment 19-06
Amendment to allow raising of swine specific to youth
educational projects
17.15.080.2 Footnotes Associated with Urban Use Table.
1. Limited to the keeping of horses or cattle for personal enjoyment of the owner or occupant of the lot,
provided that the lot contains one (1) acre or more.
2. Limited to products produced on the premises.
3. Hay processing and small-scale processing of agricultural products produced on the premises are
permitted outright.
4. Feed yards, livestock sales yards, and slaughterhouses require a conditional use permit.
5. Provided the lot contains one (1) acre or more. Agriculture production on smaller lots requires a
conditional use permit except for the raising of swine specific to youth educational projects. Raising of
swine and mink is prohibited.
a. Fencing and housing adequate to fully contain swine shall be provided when permitted.
6. Structures and facilities associated with the operation of shooting ranges are permitted and subject to all
associated Kittitas County building codes and regulations. Shooting Ranges may be operated in
conjunction with other permitted or conditional uses for the specified zone. Shooting Ranges are subject
to periodic inspection and certification as deemed necessary by the Kittitas County Sheriff's Department.
In considering proposals for the location of Shooting Ranges a detailed site plan shall be required; the
Board review of said site plan and the proposal as a whole shall include, but not be limited to the
following criteria:
a. The general health, safety, and welfare of surrounding property owners, their livestock, their
agricultural products, and their property.
b. Adherence to the practices and recommendations of the "NRA Range Sourcebook."
c. Adherence to the practices and recommendations of the "EPA Best Management Practices for Lead
at Outdoor Shooting Ranges."
d. Proposed shooting ranges in areas designated as agricultural land of long term commercial
significance shall comply with RCW 36.70A.177(3) as currently existing or hereafter amended, and
shall be limited to lands with poor soils or those unsuitable for agriculture.
2019 Docket Enabling Ordinance December 3, 2019
Page 26
Exhibit G: Amendment 19-07
Amendments to KCC Title 18 to identify additional
authorized officials
18.01.020 Enforcement.
Only an authorized official may enforce the provisions of this Title. For purposes of this Title, an authorized
official is defined as any of the following:
1. The Kittitas County sheriff Sheriff and his or her authorized representatives shall have the authority to
enforce the provisions of this Title.
2. The Kittitas County Code Enforcement Officer and his or her authorized representatives shall have the
authority to enforce the provisions of this Title.
2. 3. The Kittitas County prosecuting Prosecuting attorney Attorney shall have the authority to enforce the
provisions of this Title and may institute any legal proceedings necessary to enforce the provisions of this
Title.
3. 4. The Kittitas County fire Fire marshal Marshal and his or her authorized representatives shall have the
authority to enforce the provisions of this Title as to violations of Chapter 9.30, Chapter 15.08 and Title
20 KCCof Kittitas County Code, and all other fire and life safety code and ordinances as adopted by
Kittitas County.
4.5. The Kittitas County Community Development Services Director and Planning Official and his or hertheir
authorized representatives shall have the authority to enforce the provisions of this Title as to violations
of all building and zoning codes and ordinances as adopted by Kittitas CountyTitles 15, 16, 17, 17A, and
17B of Kittitas County Code.
6. The Kittitas County Community Development Services Director and Building Official and their
authorized representatives shall have the authority to enforce the provisions of this Title as to violations
of all building codes adopted by Kittitas County.
4.7. The Kittitas County Public Works Director and his or her authorized representatives shall have the
authority to enforce the provisions of this Title as to violations of Title 12, Chapter 14.05, and Chapter
14.08 of Kittitas County Code.
5.8. The Kittitas County Board of Health may designate other persons to administer the provisions of this
Title as to violations of Titles 8 and 13 and the Kittitas County Health Code and Ordinances.
6.9. The Kittitas County Board of County Commissioners may designate other persons to administer the
provisions of this Title. Designation of enforcement officers shall be made by resolution and may
designate persons by name or position. (Ord. 2013-012, 2013; Ord. 2009-19, 2009; Ord. 2006-37, 2006;
Ord. 94-25 (part), 1994)
2019 Docket Enabling Ordinance December 3, 2019
Page 27
Exhibit H: Amendment 19-08
Amendments to Title 12 and 20 to revise driveway
width and grade requirements
12.04.080 Private Road Design Criteria.
Private roads shall comply with the design requirements of Table 4-4A and Table 4-4B.
Table 4-4A
Private Road Minimum Design Standards
Design Elements Road Type
Driveway Joint-Use
Driveway
Private
Road2
Private
Road2
Private
Road2
Private Road
Average Lot Size <= 10.0 acres Average Lot Size
> 10.0 acres
Number of Parcels
and/or Units
1 24 3-14 15-40 41+ 2+
Minimum Easement
Width
0 30'3 60'3 60' 60' 60'
Paved Apron1 N/A N/A Req'd Req'd Req'd Req'd
Roadway Width 12' or 16'6 12' or 16'6 20' 22' 22' 20'
Shoulder Width N/A N/A 1' 1' 2' 1'
Minimum Centerline
Radius (ft)
N/A N/A 60 60 60
Surfacing
Requirements4
Gravel Gravel Gravel BST/ACP Gravel
Minimum Crushed
Surfacing5
N/A N/A 6" 6" 6"
Maximum Grade % 7 15 15 10 10 10
Cul-de-Sac Required N/A N/A Req'd Req'd Req'd
County Road
Approach Permit
Req'd Req'd Req'd Req'd Req'd
Stopping Site
Distance
N/A N/A AASHTO AASHTO AASHTO
Ditch Slope (inside
slope)
2:1 2:1 2:1 2:1 2:1
2019 Docket Enabling Ordinance December 3, 2019
Page 28
1Applies to all roads accessing existing paved roadway.
2All private roads shall be inspected and certified by a civil engineer licensed in the State of Washington for
conformance with the current edition of the Kittitas County Road Standards
3Existing road easements may be a minimum of 40’. New road easements shall be a minimum of 60’. Existing
driveway easements may a minimum of 20’. New driveway easements shall be a minimum of 30’.
4Crushed surfacing per WSDOT Standard Specifications.
5Additional depth may be required for roads that are to be public roads.
6Any new driveway longer than 150’ in length shall have a width of no less than 16’. New driveways less than
150’ in length shall have a width of no less than 12’. If KCC 20.02.020 is stricter, the stricter standard shall
apply.
7A 6A variance request is required for private road grades between 10-12%
Table 4-4B
Driveway Design Standards
Minimum Driveway Standards
Length Grade Required Minimum
Surfacing
Required Minimum
Width
< 150 10% or less Gravel compacted
surface
12 feet
> 150 10% or less Gravel compacted
surface
16 feet with two foot
clear zone on each side
Single and Joint-Use Driveway Mitigation Options Due to Grades Exceeding 10%
< 100 10 % -16% Gravel compacted
surface
20 feet
< 100 <16% Asphalt or concrete
paving
20 feet
>100 10% - 12% Asphalt or concrete
paving
16 feet with two foot
clear zone on each side
>100 13% - 15% Asphalt or concrete
paving
20 feet wide with one
foot gravel shoulders
>100
>16% Variance Required Variance Required
2019 Docket Enabling Ordinance December 3, 2019
Page 29
20.02.020 Grade.
No Any fire apparatus access road hereafter created shall have a grade or slope greater than 10%, unless a
variance has been granted through the County variance process. Any variance which allows a grade greater
than 10% shall have the following condition attached:
1. Any road with a slope or grade greater than 10% shall have an increase in width of 50%.
2. Other conditions may be required by the Fire Marshal.
o If a variance to the 10% grade is requested, it is probable that an automatic residential
sprinkler system will be required for all new residences constructed on the new road.
Fire apparatus access roadways shall not be required where there are not more than two Group R, Division 3 or
Group U occupancies as defined in the International Fire Code. Any commercial operation shall have an
approved fire apparatus access. comply with KCC 12.04.080. (Ord. 2016-008, 2016; Ord. 2010-005, 2010)
20.02.030 Driveways.
A driveway shall serve no more than two residences. Any County driveway hereafter created shall comply
with KCC 12.04.080, Table 4-4B.longer than 150' in length shall have a width of no less than 16 feet. County
driveways less than 150' in length shall have a width of no less than 12 feet. (Ord. 2010-005, 2010)
2019 Docket Enabling Ordinance December 3, 2019
Page 30
Exhibit I: Amendment 19-09
Amendments to Comprehensive Plan and Zoning Map
Kittitas County June 2019
Table 2-1 Land Use Designations and Corresponding Zoning Classifications with
Acreage
Type of
Land Use Land Use Use Intensity Description Acres1 Zoning Classification Acres1
Resource
Commercial
Agriculture
Resource
Lands
Agricultural lands
of long-term
commercial
significance
289,515.8 Commercial
Agriculture 289,515.8
Commercial
Forest
Resource
Lands
Forest lands of
long-term
commercial
significance
800,275.0 Commercial Forest 800,275.0
Mineral
Lands
Resource
Lands
Mineral lands of
long-term
commercial
significance
5,690.7 Zoning Classification
Varies2 5,690.7
Section Total: 1,095,481.5
Rural
Rural
Working Low
Supports Ag,
Timber and Mineral
uses not in resource
lands
328,754.3
Agriculture 20 111,226.4
Forest and Range 217,527.9
Rural
Residential Moderate
Residential
opportunities with
rural character
outside of UGAs
and LAMIRDS
29,900.9
Agriculture 5 11,921.6
Rural 5 17,936.5
General Commercial 0.7
Planned Unit
Development 42.1
Rural
Recreation Moderate
Activities to support
and enhance
recreational
opportunities
10,461.9
General Commercial 22.0
Master Planned Resort 6,444.5
Planned Unit
Development 363.8
Rural Recreation 3,631.7
LAMIRD1 More
Intense
Non-incorporated
urban like
development
1,210.4
Agriculture 20 28.3
Agriculture 3 42.4
Forest and Range 77.6
General Commercial 194.2 195.2
General Industrial 4.7
2019 Docket Enabling Ordinance December 3, 2019
Page 31
Type of
Land Use Land Use Use Intensity Description Acres1 Zoning Classification Acres1
Highway Commercial 45.2
Light Industrial 36.3
Limited Commercial 13.6
Planned Unit
Development 218.0
Residential 412.3
Residential 2 41.8 40.8
Rural 3 42.4
Rural 5 53.6
Section Total: 370,327.6
Urban Urban Intense
Incorporated Cities
and their Urban
Growth Areas
16,047.3
Agriculture 3 80.2
Forest and Range 606.8
General Commercial 119.1
General Industrial 592.5
Highway Commercial 83.4
Historic Trailer Court 24.2
Incorporated City 9,986.4 10,043.3
Light Industrial 1,641.1
Limited Commercial 3.8
Planned Unit
Development 88.7
Residential 140.4
Rural 3 423.6
Rural 5 10.1
Urban Residential 2,247.0 2,190.1
Section Total: 16,047.3
County Total: 1,481,813.7 1,481,813.7
1Acreages are approximate.
2Mineral lands include lands zoned Commercial Agriculture, Commercial Forest, Agriculture 20, or Forest & Range.
2019 Docket Enabling Ordinance December 3, 2019
Page 32
Table 8-1 Rural Land Use Designations, Corresponding Zoning Classifications and Acreages
Type of
Land Use Land Use Use
Intensity Description Acres Zoning Classification Acres1
Resource
Commercial
Agriculture
Resource
Lands
Agricultural lands of
long-term commercial
significance
289,515.8 Commercial Agriculture 289,515.8
Commercial
Forest
Resource
Lands
Forest lands of long-
term commercial
significance
800,275.0 Commercial Forest 800,275.0
Mineral
Lands
Resource
Lands
Mineral lands of long-
term commercial
significance
5,690.7 Zoning Classification
Varies2 5,690.7
Section Total: 1,095,481.5
Rural
Rural
Working Low
Supports Ag, Timber
and Mineral uses not in
resource lands
328,754.3
Agriculture 20 111,226.4
Forest and Range 217,527.9
Rural
Residential Moderate
Residential opportunities
with rural character
outside of UGAs and
LAMIRDS
29,900.9
Agriculture 5 11,921.6
Rural 5 17,936.5
General Commercial 0.7
Planned Unit Development 42.1
Rural
Recreation Moderate
Activities to support and
enhance recreational
opportunities
10,461.9
General Commercial 22.0
Master Planned Resort 6,444.5
Planned Unit Development 363.8
Rural Recreation 3,681.7
LAMIRD More
Intense
Non-incorporated urban
like development 1,210.4
Agriculture 20 28.3
Agriculture 3 42.4
Forest and Range 77.6
General Commercial 194.2 195.2
General Industrial 4.7
Highway Commercial 45.2
Light Industrial 36.3
Limited Commercial 13.6
Planned Unit Development 218.0
Residential 412.3
Residential 2 41.8 40.8
Rural 3 42.4
Rural 5 53.6
Section Total: 370,327.6
County Total: 1,465,809.1 1,465,809.1
2019 Docket Enabling Ordinance December 3, 2019
Page 33
The above tables reflect the following changes:
Docket 19-10. Scott Non-project rezone from Residential to General Commercial.
City of Ellensburg Zoning Map Changes
City of Ellensburg zoning map changes - The official zoning map is updated to reflect the
recent annexation of parcel # 10879 depicted in the City of Ellensburg Annexation
Ordinance No. 4825.
City of Ellensburg zoning map changes - The official zoning map is updated to reflect the
recent annexation of parcel #s 10576, 10575, 10574, and 10572 depicted in the City of
Ellensburg Annexation Ordinance No. 4827.
Amended Map
An official paper zoning map is provided with this ordinance for approval and signature by the
BOCC Chair reflecting all changes approved through this ordinance.
2019 Docket Enabling Ordinance December 3, 2019
Page 34
Exhibit J: Amendment 19-10
Amendment to Zoning Map
Existing two (2) parcels are outlined in Red and show one parcel zoned Residential and the other with a
split zone of Residential/General Commercial. Both parcels change to General Commercial and are
depicted correctly on the Updated Official Zoning Map dated 12/3/19.
2019 Docket Enabling Ordinance December 3, 2019
Page 35
Exhibit K: Amendment 19-11
Amendments to definitions and land use tables in KCC
Title 17 regarding mini warehouse, recreational
vehicle/equipment service and repair, and recreational
vehicle storage.
17.08.465B Recreational vehicle/equipment service and repair.
This definition is the same as “Vehicle/equipment service and repair” (KCC 17.08.560A) except that it is
limited to recreational vehicles, not limited to motorized vehicles and equipment and does not include gas
and service stations.
17.15.060.1 Allowed Uses in Rural Non-LAMIRD Lands
P Permitted
PA Permitted Administrative
CU Conditional Use
ACU Admin. Conditional Use
* See KCC Chapter 17.08
Definitions
Rural Non-LAMIRD
Rural
Residential
Rural
Working
Rural
Recreation
Rural
Residential
& Rural
Recreation
Ag
549
Rural
549
Ag
2049
Forest
&
Range
Master
Planned
General
Commercial
Rural
Recreation
PUD
D. Industrial
Mini-Warehouse* CU59 CU14
E. Recreation
2019 Docket Enabling Ordinance December 3, 2019
Page 36
Recreational
vehicle/equipment service and
repair*
CU60
Recreational vehicle storage CU26 CU26 P26
17.15.060.2 Footnotes Associated with Rural Non-LAMIRD Use Table.
26. Recreational vehicle storage may be enclosed or outdoor storage of recreational vehicles or both.
Permitted Wwhere the use is only serving a residential PUD or in the Rural Recreation and Forest
and Range zoning districts and wheresubject to the following all applicable standards and
conditions: are met.
a. All stored vehicles must be licensed if required by law, and operational. This land use
does not include vehicle sales.
b. Unless it is limited to serving a residential PUD and otherwise permitted or authorized,
recreational vehicles shall not be stored outside when the site is contiguous to a
residential zoning district.
c. No commercial or manufacturing activities are permitted except when recreational
vehicle/equipment service and repair has been permitted subject to the requirements of
KCC 17.15.060.2 Footnote 60.
d. In the Forest and Range zoning district, and when not limited to serving a recreational
planned unit development, the site shall either be:
i. Contiguous to a State Highway, or
ii. Contiguous to a designated urban arterial or rural collector road located near a
highway intersection or freeway interchange.
iii. It is not necessary for the site to have direct access to such arterial, collector or
highway to meet this requirement.
e. Recreational vehicle storage shall be designed to be compatible with the surrounding
rural character, subject to the following standards:
i. Storage areas shall be enclosed with a minimum five-foot-high, security fence.
The applicant may be required to provide additional plans for aesthetic
improvements and/or site-screening.
ii. Additional setbacks, physical barriers or site-screening may be required on sites
that border resource lands in the Commercial Agriculture or Commercial Forest
zoning districts.
iii. Findings shall be made that the proposal does not require urban governmental
services such as municipal sewer or water service and does not compromise the
long-term viability of designated resource lands.
iv. Measures shall be taken to protect ground and surface water.
Electric Vehicle Infrastructure subject to provisions of KCC Chapter 17.66.
2019 Docket Enabling Ordinance December 3, 2019
Page 37
59 The following standards shall apply to the approval and construction of mini warehouses in the
Forest and Range zone:
a. The site shall either be contiguous to a State Highway or contiguous to a designated
urban arterial or rural collector road located near a highway intersection or freeway
interchange. It is not necessary for the site to have direct access to such arterial, collector
or highway to meet this requirement;
b. Findings shall be made that the use does not require urban government services such as
municipal sewer or water service and does not compromise the long-term viability of
designated resource lands;
c. Additional setbacks, physical barriers or site-screening may be required on sites that
border resource lands in the Commercial Agriculture or Commercial Forest zoning
districts;
d. Measures shall be taken to protect ground and surface water;
e. A mini-warehouse proposal (application) must include plans for aesthetic improvements
and/or sight screening;
f. All buildings with storage units facing property boundaries shall have a minimum setback
of thirty-five (35) feet;
g. No commercial or manufacturing activities will be permitted within any building or
storage unit except for RV storage when authorized under KCC 17.15.060.2, Footnote
60;
h. Lease documents shall spell out all conditions and restriction of the use;
i. Signs, other than on-site direction aids, shall number not more than two (2) and shall not
exceed forty (40) square feet each in area.
60 Recreational vehicle/equipment service and repair is permitted by conditional use permit in the
Forest and Range zoning district. The site shall either be:
a. Contiguous to a State Highway, or
b. Contiguous to a designated urban arterial or rural collector road located near a highway
intersection or freeway interchange.
c. It is not necessary for the site to have direct access to such arterial, collector or highway
to meet this requirement.
Vehicles under repair shall either be kept inside buildings or visually screened from surrounding
areas. No on-street vehicle parking shall be allowed associated with the use. All vehicles,
including recreational vehicles and customer and employee automobiles shall be stored or parked
on-site at all times. Maintenance and repair activities shall not take place in RV storage
enclosures or spaces, except limited maintenance and minor repairs may be performed on RV’s
that are already being stored at the site in order to avoid having to move them, when such
maintenance and repair activities can be completed in two hours or less and only in the enclosures
or spaces in which the RV’s are already being kept. This use shall be designed to be compatible
with the surrounding rural character, subject to the following standards:
a. Findings shall be made that the use does not require urban governmental services such as
municipal sewer or water service and does not compromise the long-term viability of
designated resource lands.
2019 Docket Enabling Ordinance December 3, 2019
Page 38
b. Additional setbacks, physical barriers or site-screening may be required on sites that
border resource lands in the Commercial Agriculture or Commercial Forest zoning
districts.
c. Measures shall be taken to protect ground and surface water.
2019 Docket Enabling Ordinance December 3, 2019
Page 39
Exhibit L: Amendment 19-12
Amendment to Zoning Map and Land Use
(will not occur until TDRs are provided subject to KCC 17.13)
Existing two (2) parcels are outlined in Red and show a zoning designation of Forest and Range. Both
parcels change to Rural 5, however, this will not take effect until such time that TDRs are provided to
Kittitas County as required by KCC 17.13.080.2(a) and (b).
2019 Docket Enabling Ordinance December 3, 2019
Page 40
Existing two (2) parcels are outlined in Red and show a land use designation of Rural Working. Both
parcels change to Rural Residential, however, this will not take effect until such time that TDRs are
provided to Kittitas County as required by KCC 17.13.080.2(a) and (b).
2019 Docket Enabling Ordinance December 3, 2019
Page 41
Exhibit M: Amendment 19-13
Amendments to KCC Title 13 and 17 regarding
development in Urban Growth Areas.
13.08.090 Recording plat - Conditions precedent.
Prior to recording of a plat, the following shall apply:
1. Where public water is available within one-half mile or less of any proposed plat, water shall be
provided by this means. A letter from the water district, city or other stating that arrangements have
been made to supply the plat must be attached. This provision shall not apply to the Airport Overlay
in the City of Ellensburg UGA which has reduced densities stated in that Airport Overlay Zone.
2. When a community water supply is to be provided, detailed drawings of a water distribution system
shall be submitted. A well shall be constructed, a pump and storage tank shall be installed, and a letter
from the Washington State Department of Health stating that plans and specifications have been
approved shall be attached.
3. When an individual well is to be constructed on each lot, well sites shall be located on the plat map.
4. There shall be one soil log hole to a depth of forty-eight inches on each lot located in the approximate
drainfield area. When percolation tests are requested (use separate sheet), test holes must be at a depth
of thirty-six inches. Larger lot sizes may be required when percolation rates are over twenty minutes
per inch. This work shall be done by a registered engineer or licensed designer.
5. Where septic tanks are to be used, there shall be a minimum depth of three feet of porous soil above
hardpan, clay, or ground water. Fill material more than eighteen inches shall require approval by the
health department. Each test hole shall be clearly marked for easy identification by a stick or flag. If
the test holes cannot be properly identified, it may result in the plat not being considered for
recording.
6. If natural growth prevents the health department from making an adequate evaluation of the proposed
plat, then clearing and grubbing may be specified for those areas of the plat that are in question.
7. Lots must be numbered and staked.
8. Submit a copy of the final linen that will be filed for recording.
9. Notify this department seven days prior to date of recording for a site inspection.
10. It is the design engineer's responsibility to see that the sponsor or owner has complied with the above
items pertinent to recording his plat, before the health department can give approval to the planning
department for acceptance.
11. Any variances from the platting requirements of this regulation shall require approval by the health
officer prior to submission for platting. (Res. 72-69 Reg. 11 § 9, 1972).
2019 Docket Enabling Ordinance December 3, 2019
Page 42
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) This provision shall not apply to the Airport Overlay in the City
of Ellensburg UGA which has permanently reduced intensities stated in this airport overlay.
17.22.030 Lot - Size required.
1. This provision shall not apply to the Airport Overlay in the City of Ellensburg UGA which has
permanently reduced intensities stated in this airport overlay.
1.2. 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.
2.3. 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)