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HomeMy WebLinkAbout2019 Docket Enabling Ordinance_unsigned2019 Docket Enabling Ordinance December 3, 2019 Page 1 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 Page 2 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 Page 3 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 Page 4 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 Page 6 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 Page 7 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 Page 8 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 Page 9 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 Page 10 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)