HomeMy WebLinkAbout2018-11-26-minutes-cds-study-sessionKITTITAS COUNTY COMMISSIONERS
CDS Study Session
Regular Meeting
Monday November 26, 2018 - 1:30 PM
Commissioners' Auditorium
205 West 5th Room 109 - Ellensburg
1. Call to Order
2. Discussion Regarding Proposed Solar Overlay Zone 3
3. Requesting Approval of Amendment No. 4 of the Professional Services Agreement with SCJ
Alliance for Consulting Services for the Critical Areas Ordinance Update
4. Other business
5. Adjourn
Created on 11/21/2018 8:50:16 AM
KITTITAS COUNTY
CDS STUDY SESSION MINUTES
COMMISSIONERS' AUDITORIUM, 205 WEST STH ROOM 109 - ELLENSBURG
Special Meeting
MONDAY 1:30 PM November 26, 2018
Board members present: Chairman Laura Osiadacz and Cory Wright
Others: Lindsey Ozbolt, Dan Carlson, Calvana Carper (CDS), Mark
Cook, Candy Leader (PW) and three members of the public.
Meeting was called to order at 1:32 P.M.
DISCUSSION REGARDING PROPOSED SOLAR OVERLAY ZONE 3
Director Carlson presented the board with the proposed Zone 3
overlay. The Zone 3 would be an administrative conditional use
permit which would allow multiple agencies to make advisory
comments and allow a mitigation process. The board requested
that once the ordinance is approved then staff upload the solar
overlay map to the GIS mapping system.
REQUESTING APPOVAL OF AMENDMENT NO.4 OF THE PROFESSIONAL
SERVICES AGREEMENT WITH SCJ ALLIANCE FOR CONSULTING SERVICES FOR
CRITICAL AREAS ORDINANCE UPDATE
Director Carlson requested approval of amendment No. 4 of the
professional services agreement with SCJ Alliance for consulting
services for critical areas ordinance update. Commission Wright
motioned to approve amendment No. 4. Chairman Osiadacz seconded
the motion and the motion passed 2-0.
Meeting adjourned at 2:03P.M.
2018-11-26 MINUTES 1
KITTITAS COUNTY
COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Laura Osiadacz, Chairman
eC ... KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES
411 N. Ruby St., Suite 2, Ellensburg, WA 98926
CDS@CO.KiT,rrrAs.wA.us
Office (509) 962-7506
"Building Partnerships — Building Communities" Fax (509) 962-7682
KITTTF%L(fII'NTV
Memorandum
November 21, 2018
To: Board of County Commissioners
From: Dan Carlson, AICP
Director, Community Development Services
RE: Proposed Solar Overlay Zone 3
Introduction
In March of 2018, the Solar Facilities Citizen Advisory Committee recommended three overlay zones to
address Solar Power Production Facilities (SPPFs). Zone 1 contained irrigated agricultural lands, Zone
2 contained non -irrigated agricultural lands, and all other lands were zone 3. SPPFs would require
conditional use permit approval in Zones 1 and 2, with a Rural and Resource Lands analysis required
for Zone 1. SPPFs in Zone 3 would require an administrative conditional use permit up to 7 megawatts
of energy produced. SPPFs that would generate more energy than that would require a conditional use
permit.
At the June 25, 2018 Board of County Commissioners public hearing, the Board directed staff to make
revisions to the proposed map and ordinance to prohibit SPPFs on all agricultural lands, including
irrigated and non -irrigated. In response to this direction, staff combined Zones 1 and 2 into one zone,
where all SPPFs are prohibited. All of the remaining lands became Zone 2, where SPPFs require
conditional use permit approval.
The Board held a public hearing on September 10 to consider the revised map and ordinance. At that
hearing, the Board approved the overlay map, but directed staff to begin work on creating a new Zone 3
that would have less stringent permitting requirements, in order to incentivize SPPF development in
areas where the County would like to direct this type of development.
At the October 31, 2018 CDS Study Session, staff discussed potential criteria and permitting
requirements for Zone 3. This memorandum is a follow up to that discussion.
Proposed Solar Overlay Map
Staff has prepared a draft solar overlay map based on the discussion with the Board at the study
session (see attached). All lands within irrigation districts would stay the same — Zone 1, SPPFs
prohibited; Zone 2, conditional use permit required.
Agricultural lands outside of the irrigation districts would remain Zone 1. All other lands outside of the
irrigation districts would now be Solar Overlay Zone 3.
Permitting
Previous discussions with the Board involved the use of some type of administrative permitting in Zone
3. According to Kittitas County Code, administrative permitting choices include "Permitted Use" or
"Administrative Conditional Use." A description of those permitting requirement is provided below,
along with a description of "Conditional Use" for discussion purposes.
COMMUNITY PLANNING - BUILDING INSPECTION - PLAN REvIHW - ADMINISTRATION - PERMIT SERVICES - CODE ENFORCEMENT
Permitted Use
Permitted uses are land uses that are allowed outright within a zone classification and subject to
provisions with Kittitas County Code (KCC 17.15.010(1)). An example would be a single-family
residence in a residential zoning district. No land use permitting is required. A building permit is
required, but the use is allowed as long as it complies with applicable code requirements (i.e.
setbacks, density, critical areas, floodplain, etc.) Building permits can be conditioned to comply
with other code requirements. In the case of SPPFs, conditions requiring compliance with the
SPPF standards contained in KCC 17.61C.090 could be included with the building permit.
Conditional Use
Conditional uses are land uses which may be permitted within a zone classification following
review and hearing under the provisions of KCC Chapter 17.60A (KCC 17.15.010(4)).
Conditional use permits currently require a public hearing before a hearings examiner, and
closed -record consideration by the Board (KCC 15A.01.040). Conditional Use Permits must
meet the following review criteria:
1. The proposed use is essential or desirable to the public convenience and not detrimental or
injurious 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;
B. Preserves "rural character" as defined in the Growth Management Act (RCW
36.70A.030(15));
C. Requires only rural government services; and
D. Does not compromise the long term viability of designated resource lands.
(KCC 17.60A.015)
Conditions may be placed on conditional uses to protect the best interests of the surrounding
property or the county as a whole. Conditions may include, but are not limited to, the following:
1. Increasing the required lot size, setback or yard dimensions;
2. Limiting the height of buildings or structures;
3. Controlling the number and location of vehicular access points (subject to approval by the
reviewing authority with jurisdiction to issue approach or access permits);
4. Requiring the dedication of additional rights-of-way for future public street improvements;
5. Requiring the designation of public use easements;
6. Increasing or decreasing the number of required off-street parking and/or loading spaces as
well as designating the location, screening, drainage, surfacing or other improvement of a
parking area;
7. Limiting the number, size, height, shape, location and lighting of signs;
8. Requiring or limiting view-obscuring fencing, landscaping or other facilities to protect
adjacent or nearby properties;
9. Designating sites for and/or the size of open space or recreational areas;
10. Requiring site reclamation upon discontinuance of use and/or expiration or revocation of the
project permit;
11. Limiting hours and size of operation;
12. Controlling the siting of the use and/or structures on the property;
13. Requiring mitigation measures to effectively reduce the potential for land use conflicts with
agricultural and resource lands, such as: landscape buffers, special setbacks, screening,
and/or site design using physical features such as rock outcrops, ravines, and roads.
14. Demonstrating that the requirements of Chapter ittitas County Codt., Adequate
Water Supply Determination, can be met.
(KCC17.60A.020)
Conditions would also include compliance with the SPPF standards of KCC 17.61 C.090.
The current Conditional Use Permit fee is $3,620. Conditional Use Permit review typically takes
about six months.
Administrative Conditional Use
Administrative conditional uses are land uses which may be permitted within a zone
classification following review under the provisions of KCC Chapter 17.60A (KCC 17.15.010
(3)). According to KCC 17.60A.010, administrative conditional use permits shall be reviewed
administratively by the Director. All other review criteria and authority to condition is the same.
The current Administrative Conditional Use Permit fee is $2,980. Conditional Use Permit review
typically takes three to four months.
Discussion/Direction
Staff has placed this item on the November 26, 2018 CDS Study Session agenda for further discussion
and direction from the Board regarding proposed Solar Overlay Zone 3.
Attachment: Draft Solar Power Production Facilities Overlay Map
SC] Alliance
Attachment A - Scope of Work
ATTACHMENT A
SCOPE OF WORK
KITTITAS COUNTY CRITICAL AREAS ORDINANCE UPDATE
KITTITAS COUNTY, WASHINGTON
Prepared for: Lindsey Ozbolt, Kittitas County Planning Official
Prepared by: Dan Penrose, SCJ Alliance
Date prepared: November 16, 2018
Overview
Professional consulting services for updating Kittitas County Critical Areas Ordinance to
accommodate comments received from state, local and tribal agencies and to provide on-going
consultation and representation at public hearings and County presentations.
Phase 1 Desk Top Review and Project Coordination
This Phase is 100% complete.
Phase 2 Research Current Best Available Science (BAS)
This Phase is 100% complete.
Phase 3 Complete a Revised Draft Critical Areas Ordinance
• Second draft of CAO with edits completed and sent to County.
• Prepared BAS addendum
• Updated sections of code not requiring BAS updates.
Current Status
• 100% complete.
Budget adjustment $4,500.
Phase 4 Final Critical Areas Ordinance
• Revised Draft CAO to address agency comments and prepared for public release.
Current Status
• Review and incorporate public comments with assistance from County.
Budget adjustment $3,800
Phase 5 Public Meetings
• No Change to Scope/Budget
Kittitas County Critical Areas Ordinance Update November 16, 2018
Amendment #2 Page 1
SCJ Alliance
Attachment A - Scope of Work
TOTAL Amendment: $8,300
Assumptions:
• Review and incorporation of public comments will be restricted only to those comments
that indicate the currently proposed draft CAO is not consistent with current
Washington RCWs or policies. No major rewrite of the public review draft is anticipated.
• SCJ staff will attend the hearing for the proposed CAO when it is presented to the
Kittitas County Commissioners for adoption.
• Preparation of staff reports before the Board of Commissioners and routing to
Washington Department of Commerce will be completed by Kittitas County.
END OF SCOPE OF SERVICE
Kittitas County Critical Areas Ordinance Update November 16, 2018
Amendment #2 Page 2
AMENDMENT NO.4
TO AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
Firm: Shea, Carr & Jewell, Inc (dba SCJ Alliance) ("SCJ")
Address: 8730 Tallon Lane NE, Suite 200, Lacey, WA 98516
Telephone: 360-352-1465
Fax: 360-352-1509
and
Client:
Kittitas County ("Client")
Address:
411 North Ruby, Suite 1, Ellensburg, WA 98926
Telephone:
509-962-7610
Fax:
509-962-7663
Email:
Dan.Carlson@co.Kittitas.wa.us
The terms and provisions of the Agreement for Professional Services apply herein unless
otherwise specifically revised.
Date: November 16, 2018
Project Name: Kittitas County Comp Plan Update
Project No.: 0774.01
Amendment Description:
Continued Critical Areas Ordinance Update Services
Reason for Amendment:
Revised CAO to respond to Yakama Nation comments Washington State Department of Fish and
Wildlife comments, and Washington State Department of Ecology comments. Prepared draft CAO
for public release on November 7, 2018.
Contract Price
Time of Completion
Original Contract:
$
88,091
Original Contract: _ NIA
Prior Amendments:
$
62,500
Prior Amendment: N/A
This Amendment:
$
8.300
This Amendment: NIA
Total Contract:
$
158,891
Approved By:
X
By:
Title:
Date:
SCJ Alliance
By: Dan Penrose. Princi al
Title: Land -Use Plannink, Manager
Date:
AMENDMENT NO.4
TO AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
Firm: Shea, Carr & Jewell, Inc (dba SCJ Alliance) ("SCJ")
Address: 8730 Tallon Lane NE, Suite 200, Lacey, WA 98516
Telephone: 360-352-1465
Fax: 360-352-1509
and
Client: Kittitas County ("Client")
Address: 411 North Ruby, Suite 1, Ellensburg, WA 98926
Telephone: 509-962-7610
Fax: 509-962-7663
Email: Dan.CarlsonPco.Kittitas.wa.us
The terms and provisions of the Agreement for Professional Services apply herein unless
otherwise specifically revised.
Date: November 16, 2018
Project Name: Kittitas County Comp Plan Update
Project No.: 0774.01
Amendment Description:
Continued Critical Areas Ordinance Utadate Services
Reason for Amendment:
Revised CAO to respond to Yakama Nation comments, Washington State Department of Fish and
Wildlife comments, and Washington State Department of Ecolopv comments. Preoared draft CAO
for public release on November 7, 2018.
Contract Price
Time of Completion
Original Contract:
$ 88,091
Original Contract: N/A
Prior Amendments:
$ 61500
Prior Amendment: NIA
This Amendment:
8,300
This Amendment: NIA
Total Contract:
$ 158,891
Approved By:
X
By:
Title:
Date:
SCJ Alliance
P
By: Dan Penrose, Principal
Title: Land -Use Planning; Manager
Date:
SCJ Alliance
Attachment A - Scope of Work
ATTACHMENT A
SCOPE OF WORK
KITTITAS COUNTY CRITICAL AREAS ORDINANCE UPDATE
KITTITAS COUNTY, WASHINGTON
Prepared for: Lindsey Ozbolt, Kittitas County Planning Official
Prepared by: Dan Penrose, SCJ Alliance
Date prepared: November 16, 2018
Overview
Professional consulting services for updating Kittitas County Critical Areas Ordinance to
accommodate comments received from state, local and tribal agencies and to provide on-going
consultation and representation at public hearings and County presentations.
Phase 1 Desk Top Review and Project Coordination
This Phase is 100% complete.
Phase 2 Research Current Best Available Science (BAS)
This Phase is 100% complete.
Phase 3 Complete a Revised Draft Critical Areas Ordinance
• Second draft of CAO with edits completed and sent to County.
• Prepared BAS addendum
• Updated sections of code not requiring BAS updates.
Current Status
• 100% complete.
Budget adjustment $4,500.
Phase 4 Final Critical Areas Ordinance
• Revised Draft CAO to address agency comments and prepared for public release.
Current Status
• Review and incorporate public comments with assistance from County.
Budget adjustment $3,800
Phase S Public Meetings
• No Change to Scope/Budget
Kittitas County Critical Areas Ordinance Update November 16, 2018
Amendment #2 Page 1
SCJ Alliance
Attachment A - Scope of Work
TOTAL Amendment: $8,300
Assumptions.
• Review and incorporation of public comments will be restricted only to those comments
that indicate the currently proposed draft CAO is not consistent with current
Washington RCWs or policies. No major rewrite of the public review draft is anticipated.
• SCJ staff will attend the hearing for the proposed CAO when it is presented to the
Kittitas County Commissioners for adoption.
• Preparation of staff reports before the Board of Commissioners and routing to
Washington Department of Commerce will be completed by Kittitas County.
END OF SCOPE OF SERVICE
Kittitas County Critical Areas Ordinance Update November 16, 2018
Amendment #2 Page 2