HomeMy WebLinkAboutDA-19-00001 Marian Meadows Development Agreement BOCC Staff ReportF�N,crnrs rorH� KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES
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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.
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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
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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
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