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HomeMy WebLinkAboutDA-19-00001 Marian Meadows Development Agreement BOCC Staff ReportF�N,crnrs rorH� KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES 411 N. Ruby St., Suite 2, Ellensburg, WA 98926 CDS@CO.K=rrAs.wA.us WA.us Office (509) 962-7506 "Building Partnerships — Building Communities" XrrrTTA& COUKTY STAFF REPORT Proposed Development Agreement for Marian Meadows PUD TO: Kittitas County Board of County Commissioners FROM: Dan Carlson, AICP, Community Development Services Director DATE: October 6, 2020, Virtual Open Record Public Hearing L GENERAL INFORMATION Description and History: Martens Enterprises, LLC authorized agent for Easton Ridge Land Company, obtained preliminary approval for the Marian Meadows Planned Unit Development (PD -17-00001) with associated conditional use permit (CU -17-00001) and preliminary plat (LP -17-00001) through Ordinance 2018-006 on May 1, 2018. The proposal included a PUD rezone, 89 residential lot (76 single-family & 12 townhomes) preliminary plat, RV storage, RV Park, campground facilities, community center, athletic courts, and pool on 17 parcels of land totaling 445.42. Pursuant to the conditions of preliminary approval, Easton Ridge Land Company has submitted a draft Development Agreement (DA). The draft DA includes provisions including, but not limited to, allowed uses, development standards, timelines, and mitigation measures. According to condition #46 of Ordinance No. 2018-006, a DA shall be approved to the satisfaction of Kittitas County in a timely manner or all PUD, plat and conditional use permit approvals associated with Ordinance 2018-006 shall be considered null and void. Location: The preliminarily approved Marian Meadows project is located in an unincorporated area of Kittitas County known is Easton and is accessed off of East Sparks Road to Meadow Way in portions of Sections 1 and 12, Township 20 North, Range 13 East, WM in Kittitas County, bearing Assessor's map numbers 20-13-01000- 0012, 20-13-12000-0013, 20-13-01000-0004, 20-13-01000-0013, 20-13-01051-0018, 20-13-01051-0014, 20-13- 01051-0015, 20-13-01051-0013, 20-13-01051-0012, 20-13-01051-0008, 20-13-01051-0007, 20-13-010581-0006, 20-13-01051-0002, 20-13-01051-0001, 20-13-01051-0016, 20-13-01000-0011, and 20-13-01051-0017. II. SITE INFORMATION Total Property Size: 445.42 acres Number of Lots: 89 lots have been approved through preliminary plat; no new lots are being proposed through the Development Agreement Domestic Water: Easton Water District, Public Water System Sewage Disposal: Individual onsite septic, shared septic, and large onsite septic system (LOSS) as needed Power/Electricity: Puget Sound Energy Fire Protection: Kittitas County Fire District #3 Irrigation District: N/A Site Characteristics: North: Steep slopes and forest cover. South: Gentle inclines, forest cover, Bonneville Power Easement. East: Steep slopes, forest cover West: Area of proposed subdivision, and current quarry operation. COMMUNITY PLANNING • BUILDING INSPECTION • PLAN REVIEW • ADMINISTRATION • PERMIT SERVICES • CODE ENFORCEMENT Access: The site is accessed off of East Sparks Road to Meadow Way. III. ADMINISTRATIVE REVIEW Application Submittal: A Development Agreement application was submitted to Kittitas County Community Development Services department on March 29, 2019. Deem Complete: After additional information was provided, this application was deemed complete on June 3, 2019. Notice of Application: The Notice of Application for the Development Agreement was issued on June 29, 2019. This notice was published in the official county paper of record and was mailed to jurisdictional government agencies, adjacent property owners and other interested parties. The last day to submit written comments was on July 24, 2019. Numerous agency and public comments were received. Public Hearing: A public hearing for Board of County Commissioners consideration of the Marian Meadows Development Agreement was originally scheduled for April 7, 2020 at 2:00 pm in the Commissioners Auditorium. On March 19, 2020 a Notice of Cancelled Public Hearing was published. This hearing was cancelled pursuant to Kittitas County Resolution 2020-060 issued on March 17, 2020 where Kittitas County Buildings and Offices were closed to the public in response to the COVID-19 outbreak until at least April 8, 2020. The cancellation notice stated that a Re -Scheduled Notice of Public Hearing would be provided once a new date and time is determined for the proposal. Notice of the rescheduled public hearing was mailed to landowners within 500 feet of the subject property on September 17, 2020. Notice of the rescheduled public hearing was provided in the Daily Record and the Northern Kittitas County Tribune on September 17, 2020. WRW &W1' 0013 1 DIOYICA 01"7 OWI WIN Pursuant to WAC 197-11-600(4)(a) the County adopted the SEPA FEIS issued on February 10, 2011 as part of the original Marian Meadows Planned Unit Development, as amended by the SEPA Addendum issued September 26, 2017. VI. AGENCY AND PUBLIC COMMENTS Applicable agencies, adjacent property owners, and interested parties have been given the opportunity to review this proposal. All comments have been included as exhibits in the indexed project file. Agency Comments: Nine (9) comments from various agencies, both local and state, were received and have been included in as exhibits in the indexed project file. Public Comments: Seven (7) comments from the public were received regarding this proposal and have been included as exhibits in the indexed project file. VII. DEVELOPMENT AGREEMENT REVIEW Staff has completed a thorough review of this draft DA and went through several rounds of review prior to issuing this staff report and the following recommendation. Staff first requested additional information from the applicant on September 3, 2019. This first round of review requested numerous items to be addressed, including but not limited to: scrivener errors/typos; updated definitions of general terms; inclusion of the four large lots included in the DA; clarification as to when the Homeowner's Association (HOA) will be formed; modification of the DA provisions; a list all applicable county codes subject to the DA; include a list of all exhibits at the end of the DA; the proposal to allow commercial uses in the PUD that are not allowed by Kittitas County Code 17.15.060 or 17.36; issues surrounding the Wildland Urban Interface Code as adopted by Kittitas County and the 2 IR 1 fire hazard designation of the subject property; Easton Water District, Easton Fire District, and Easton School District requirements were not adequately addressed; numerous engineering requirements; and water connection information needed. Building Division and Fire Marshal review comments were provided to the applicant on October 16, 2019. A revised submittal packet in response to the County's first request for additional information was received on December 4, 2019. After review of this revised information, county staff recognized that most of the issues in the first county review letter from September 3, 2019 and subsequent Fire Marshal and Building Official review letters from October 2019 were addressed. However, the following outstanding issues still existed: • The applicant is still proposing commercial retail uses not allowed by the zone; • Commercial Forest 200 -foot setback has not been added to the Community Standards and Guidelines document; • Outside fire pit language needs to be removed from the Fire Prevention Plan; • County code citations as they relate to the building code shall sate "subject to the requirements of the current County adopted building codes including the IBC, IRC, IFC and Washington State Amendments at the time of the building permit submittal."; • ROW width shall be of sufficient width for storage of snow within the space without impacting the travel lanes pursuant to Ordinance 2018-006 condition of approval #18; • Issue with tract of land for snow storage as it doesn't comport with the conditions of approval, as mentioned above, surrounding snow storage and ownership of said tract; • Public ROW width shall be 80 -feet to accommodate snow storage; • Stormwater facilities shall not be located within public ROWs; and • The depicted 20:1 approach surface of the Easton State Airport is not sufficiently detailed (dimensionally) for an exact analysis on the location of the proposed pool and sport court as shown in submittal documents. Additional information is necessary to ensure that these uses are not placed in an area where they are restricted pursuant to the FAA land uses within runway protection zones. This was outlined in a second request for additional information and corrections letter dated January 21, 2020. On February 5, 2020, CDS received a second set of updated information in response to the request for additional information sent on January 21, 2020. Staff determined that this packet of information satisfactorily addressed all issues to the point that a Public Hearing before the Board of County Commissioners could take place except for two items. The two items that staff and the applicant did not agree on were the commercial uses (RV services and retail) and snow storage: The applicant argues that a DA is an appropriate process to create uses that are not allowed by county code. Additionally, the applicant argues that because these commercial retail uses were mentioned in the preliminary documents and preliminary plat which were approved through Ordinance No. 2018-006 that they are vested and allowed to have these uses. Staff's position is that Kittitas County Code (KCC) Title 17 does not allow for this type of activity in the use tables for the Rural -5 zone (KCC 17.15.060) nor is it allowed in PUDs located outside of an Urban Growth Area (KCC 17.36.020). Further, there are no conditions of approval in Ordinance 2018-006 giving approval of these proposed uses. • The other issue as mentioned above was in relation to snow storage. The applicant argues that their one - acre tract of land is sufficient to accommodate all snow storage and that it was accepted by staff and approved through Ordinance No. 2018-006 as such because it was shown on the preliminary plat. Staff's position was that condition of approval #18 requires ROW with sufficient width to allow for the storage of snow within that space without impacting the travel lanes. Originally, staff determined through calculations that 80 feet of ROW was necessary to accommodate snow storage for an average snowfall in the area. The condition as listed does not allow for a tract of land for snow storage in lieu of provided ROW for this purpose. Based on the applicant's request, staff scheduled the public hearing for Board of County Commissioner consideration of this application while these two issues remained. On September 21, 2020, the applicant submitted the following alternative language to address the two outstanding issues: Snow Storage The applicant suggests a new section 2.5 regarding snow storage that would read as follows: 2.5 Snow Stora --e on Marian Drive. Regardless of the Civil Plans submitted and considered by the County under Ordinance No. 2018-006rig approval to the Marian Meadows Planned Unit Development (PD -17- 00001), Conditional Use PermitCi U-17-00001), and Prelimina!y Plat (LP -17-00001), the Project shall include 70 -foot public right-of-way along Marian Drive. This 70 -foot right-of-way will satisfy the Coun 's requirement for snow storage, taking into consideration that additional snow storage area is being provided at the end of the County road turnaround. In an email to CDS, Public Works Director Mark Cook has confirmed that this would be adequate to comply with Condition #18 and address the snow storage issue. Commercial Uses The applicant suggested an amendment to Section 4.3 regarding commercial uses. This suggested language was further clarified in a discussion with the applicant's representative on September 30, and would read as follows: 4.3 RV Service Center. Within the oversight of SCRVR will be the implementation and/or operation of an RV Service Center and retail outlet. The construction and operation of the RV Service Center is subject to the a roval of a Conditional Use Permit to operate such a facility, but only in the event that Kittitas County Code allows this use by Conditional Use Permit in the future. At the discretion of SCRVR or the Landowner, regardless of any time limitations set forth in this Development Agreement, an application for a Conditional Use Permit to construct and operate the RV Service Center may be submitted pursuant to Chapter 17.60A of Kittitas County Code and shall be evaluated in good faith by the County for compliance with the criteria set forth for approval of conditional uses. Staff Response: This amendment would be consistent with current Kittitas County Code and would only allow the RV Service Center use in the future if Kittitas County Code allows it. VIII. RECOMMENDATION As discussed in the Findings of Fact below and explained above, staff finds that the application is consistent with the Kittitas County Comprehensive Plan, Development Regulations, and Ordinance No. 2018-006. Staff recommends approval of the proposed Development Agreement, subject to the following findings of fact and conclusions: Staff Findings of Fact 1. A Development Agreement application was submitted to Kittitas County Community Development Services department on March 29, 2019. After additional information was provided, this application was deemed complete on June 3, 2019. 2. The Notice of Application for the Development Agreement was issued on June 29, 2019. This notice was published in the official county paper of record and was mailed to jurisdictional government agencies, adjacent property owners and other interested parties. The last day to submit written comments was on July 24, 2019. Numerous agency and public comments were received. 3. The draft Development Agreement includes provisions including, but not limited to, allowed uses, development standards, timelines, and mitigation measures. 4. According to condition #46 of Ordinance No. 2018-006, a Development Agreement shall be approved to the satisfaction of Kittitas County in a timely manner or all PUD, plat and conditional use permit approvals associated with Ordinance 2018-006 shall be considered null and void. The preliminarily approved Marian Meadows project is located in an unincorporated area of Kittitas County known is Easton and is accessed off of East Sparks Road to Meadow Way in portions of Sections 1 and 12, Township 20 North, Range 13 East, WM in Kittitas County, bearing Assessor's map numbers 20-13-01000-0012, 20-13-12000-0013, 20-13-01000-0004, 20-13-01000-0013, 20-13-01051-0018, 20- 13-01051-0014, 20-13-01051-0015, 20-13-01051-0013, 20-13-01051-0012, 20-13-01051-0008, 20-13- 01051-0007, 20-13-010581-0006, 20-13-01051-0002, 20-13-01051-0001, 20-13-01051-0016, 20-13- 01000-0011, and 20-13-01051-0017. 6. The subject property is zoned "Rural 5," with a PUD overlay until such time that a final development plan is approved pursuant to KCC 17.36. 7. Correspondence following the Notice of Application was received during the 30 -day comment period for the development agreement application. 16 comments were received, nine agency comments and seven public comments. Pursuant to WAC 197-11-600(4)(a) the County has adopted the SEPA FEIS issued on February 10, 2011 as part of the original Marian Meadows Planned Unit Development, as amended by the SEPA Addendum issued September 26, 2017. Staff Conclusions: 1. The proposed development agreement is consistent with the county's comprehensive plan, all applicable county development regulations, and Ordinance No. 2018-006. Based upon these conclusions and findings of fact, staff makes recommendation to approve the development agreement subject to the proposed changes to Section 2.5 and 4.3. Attachments: Proposed Marian Meadows Development Agreement DA -19-00001 Marian Meadows Development Agreement Master File 5