HomeMy WebLinkAboutORD 2023-010BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
ORDINANCE
No.2o23-olo
REVISIONS OF KITTITAS COIII\TY CODE AT\D COMPREHENSIVE PLAI\
AS PART OF THE 2023 ANNUAL COMPREHT'NSIVE PLAI\ AMENDMENT CYCLE.
Whereas,this ordinance, revising Kittitas County Code and Comprehensive Plan, contains
four sections of findings, as follows:
Section I -
Section II -
Section Itr -
Exhibits A-N -
Procedural Findings
Board of County Commissioners Findings
Final Decision and Signatures
Changes to Kittitas County Code and Comprehensive Plan
2023 Docket Enabling Ordinance
Page 1
December 1912023
Whereas,
Whereas,
Whereas,
Whereaso
Whereaso
Whereas,
'Whereas,
Whereas,
Whereas,
Whereas,
SECTION I
PROCEDURAL FINDINGS
Kittitas County opted into the Growth Management Act, RCW 36-701^,
voluntarily on December 27,1990, through Resolution 90-138; and
The Kittitas County GMA Comprehensive Plan was originally adopted on July 26,
l996by the Kittitas CountyBoard of County Commissioners; and
Kittitas County Code 158.03.030 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
Kittitas County Code 158.03.030 requires amendments to the comprehensive plan
or development regulations that are docketed by June 30tr must be approved or
denied by the Board of County Commissioners on or before December 3l't of that
same calendar year; and
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
Kittitas County submitted its proposed docketed items on October 19,2023 to the
Department of Commerce as required by statute; and
Kittitas County filed its overall docket SEPA checklist and SEPA checklist for
one citizen-initiated comprehensive plan amendment and rezone application on
October 37,2023 and issued a Determination of Non-significance (DNS) for the
annual docket items on November 16, 2023 through authority of WAC 197'lL'
340; and
Due public notice was placed upon the County official website and in the
Northern Kittitas County Tribune on November 2,2023 and November 9,2023,
and in the Daily Record on November 2,2023 and November 9,2023 regarding
the Planning Commission public hearing; and
The Planning Commission conducted a public hearing on Novembet 14,2023
and November 28, 2022 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
After due notice and publication on official website and in the Northern Kittitas
County Tribune on November 30, 2023 and Decembet 7, 2023, and in the Daily
Record on November 30,2023 and December 7,2023, the Kittitas County Board
2023 Docket Enabling Ordinance
Page2
December 19,2023
of County Commissioners held an open public hearing on December 1'1,2023;
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 19,2023.
SECTION II - BOARD OF COUNTY COMMISSIONERS FINDINGS
General Findinss:
The Kittitas County Board of County Commissioners held a public hearing on December 11,
2023, 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 testifo
were allowed to speak or submit written correspondence into the record.
The docketed items discussed during the Board of County Commissioners public hearing
included:
2023 Proposed AMENDMENTS to Kittitas County Code and Comprehensive Plan
Number Applicant Name Project Description Planning Commission
Recommendation
Staff
Recommendation
23-01 Commissioner
Osiadacz
Amend KCC
17.08.187A, KCC
1 7.08. 1 878,17. I 5.050. 1,
1 7. I 5.060.1, 17 .15.070.1
and 17.080.1- Update
Definition for Accessory
Dwelling Units and Land
Use Tables for
allowance.
The Planning
Commission
recommended approval
of the amendments as
proposed in a 4 to I
vote
Staff
recommended
approval ofthe
amendment as
proposed.
23-02 Kittitas County
CDS Staff
Amend KCC 17.18.050,
t7.22.050, r7.32.070,
17.56.070, 17 .57 .060 and
17.59.060 to reflect
building height.
The Planning
Commission
unanimously
recommended approval
of the amendment as
proposed.
Staff
recommended
approval ofthe
amendment as
proposed.
22-O3 Commissioner Amend landuse and The Planning Staff
December 19,20232023 Docket Enabling Ordinance
Page 3
Wright zoning onparcel 10970
to rural residential and
Rural5 to allow future
inclusion in UGA.
Commission
unanimously
recommended approval
of the amendment as
proposed.
recommended
approval ofthe
amendment as
proposed.
23-04 Kittitas County
CDS Staff
Accept Annexation into
City of Ellensburg
Jurisdiction through
Ellensburg Ordinance
4887.
The Planning
Commission
unanimously
recommended approval
of the amendment as
proposed.
Staff
recommended
approval ofthe
amendment as
proposed.
23-05 Kittitas County
CDS Staff
Amend KCC 17.08.010
to allow expansion of
commercial non-
confonning uses up to
t0%.
The Planning
Commission
unanimously
recommended
approval.
Staff
recommended
approval ofthe
amendment with
one minor edit to
eliminate
contradiction in
the code.
23-06 Commissioner
Osiadacz
AmendKCC 17.15.070
Allowed Use Table to
reflect Art Galleries as a
permitted use in the
General Commercial
Zone.
The Planning
Commission
unanimously
recommended approval
of the amendment as
proposed
Staff
recommended
approval ofthe
amendment as
proposed.
23-07 Kittitas County
CDS Staff
Amend KCC 17.92.010-
to allow an extension of
up to 2 years for
temporary permits.
The Planning
Commission
unanimously
recommended approval
of the amendment as
proDosed
Staff
recommended
approval ofthe
amendment as
proposed.
23-08 Kittitas County
Public Works
Staff
Amend KCC Title 12 to
replace current road
standards with an
updated Chapter.
The Planning
Commission
unanimously
recommended approval
as proposed.
Staff
recommended
approval ofthe
amendment as
proposed.
23-09 Commissioner
Wright
AmendKCC 16.10
language to allow non-
conforming lots to be
adjusted in a manner so
as not to make a non-
conforming lot
conforming.
The Planning
Commission
unanimously
recommended approval
of the amendment as
proposed
Staff
recommended
approval ofthe
amendment as
proposed.
23-t0
Kifiitas Country
Public Works
Staff
AmendKCC 14.08.020
to decrease size of
detached accessory
building and add
definition for building
The Planning
Commission
unanimously
recommended approval
of the amendment as
Staff
recommended
approval ofthe
amendment as
proposed.
2023 Docket Enabling Ordinance
Page 4
December 19,2023
utility system.proposed
23-rl Commissioner
Wright
Amend KCC 17.36.025
to include an example of
calculated densities.
The Planning
Commission
unanimously
recommended approval
of the amendment as
proposed.
Staff
recommended
approval ofthe
amendment as
proposed.
23-12 Commissioner
Wright
Amend 17.13 to
incentivize the use of the
TDRprogram clarifuing
sending and receiving
sites and re-allocating
exchange rates.
The Planning
Commission
unanimously
recommended approval
of the amendment as
proposed.
Staff
recommended
approval ofthe
amendment as
proposed.
22-13 Kittitas County
CDS Staff
AmendKCC 17
language to define
contractor yards and
apply regulations to
locations.
The Planning
Commission voted 3 in
favor and 2 against to
remand the issue back
to staff for further
refinement
Staff Supported
the Planning
Commission's
Recommendation
to remand to staff.
23-14
Kittitas County
Staff/
Commissioner
Wright
Amend KCC 14.04.010
adoption ofreferenced
codes particularly the
international Fire Code
to categorize uses into
four types and determine
where sprinklers and fire
flow would be required.
The Planning
Commission
recommended approval
of the amendments
with one revision to
address lots averaging
35,000 square feet in
sizeina3tolvote
Staff
recommended
approval ofthe
amendment with
one minor
revision.
23-t5
Citizen Request
Parke Creek
Landing LLC
Comprehensive Plan
Amendment from Rural
Working to Rural
Recreation and Rezone
from Agriculture 20 to
Recreation.
The Plaruring
Commission
unanimously
recommended approval
of the amendment 4 in
favor with I abstained.
Staff
recommended
approval ofthe
proposed
comprehensive
plan amendment
and rezone.
23-01 Kittitas County Proposal:
Amend KCC 17.08.187A, KCC 17.08.1878,17.15.050.1, 17.15.060.1,17.15.070.1 and 17.080.1-
Update Definition for Accessory Dwelling Units and Land Use Tables for allowance.
The proposed amendments would change the requirements for establishing an accessory dwelling
unit in both urban and rural areas.
2023 Docket Enabling Ordinance
Page 5
December 19,2023
The Board of County Commissioners held a public hearing on December ll , 2023, and approved
the request with AMENDMENTS 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 4-1.
II. Public testimony was received for this proposal.
ilL The change meets the Growth Management Act and the objectives of the
Comprehensive Plan.
23-02 Kittitas County Proposal:
Amend KCC 17.18.050,17.22.050, 17.32.070,17.56.070, 17.57.060 and 17.59.060 to reflect
building height.
Currently the maximum height is two and one-half stories, or 35 feet, whichever is less. The
amendment would remove the references to stories, which are not a standard unit of
measurement.
The Board of County Commissioners held a public hearing on December 11,2023, 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 5-0.
II. No public testimony was received for this proposal.
III. The change meets the Growth Management Act and the objectives of the
Comprehensive Plan.
22-03 Kittitas County Proposal:
Amend land use and zoning on parcel 10970 to rural residential and Rural5 to allow future
inclusion in UGA.
The proposed amendments would revise the future land use designation and zoning designation
of parcel 10970 (Jhana Jordan Property) to Rural Residential Land Use Designation and Rural 5
zoningto allow for the property to be included in the Urban Growth Area in the future. This will
correct a mapping error from the past preventing annexation and creation of an island of county
jurisdiction.
The Board of County Commissioners held a public hearing on December ll , 2023, and approved
the request as presented by a 3-0 vote, finding that:
L The Planning Commission recommended approval to the Board of County
Commissioners with a vote of 5-0.
II. No public testimony for this proposal was received.
m. The change meets the Growth Management Act and the objectives of the County's
Comprehensive Plan.
23-04 Kittitas County Proposal:
2023 Docket Enabling Ordinance
Page 6
December 19,2023
Accept Annexation into City of Ellensburg Jurisdiction through Ellensburg Ordinance
4887.
Community Development Services proposes to update its zoning map to reflect approved
annexations that have been passed by the City of Ellensburg in 2022. Additionally the land use
tables in the County's Comp Plan will be updated to reflect these annexations.
The Board of County Commissioners held a public hearing on December 11,2023, and approved
the request as presented by a 3-0 vote, finding that:
L The Planning Commission recommended approval to the Board of County
Commissioners with a vote of 5-0.
IL No public testimony for this proposal was received.
III. The change meets the Growth Management Act and the objectives of the
Comprehensive Plan.
23-05 Kittitas County Proposal
Amend KCC 17.08.010 to allow expansion of commercial non-conforming uses up to l0o/o.
Currently non-conforming uses are not allowed to be expanded, this change would authorize a
one-time building expansion up to l0% of the building area for commercial non-conforming
structures.
The Board of County Commissioners held a public hearing on December lI , 2023, and approved
the Planning Commission recommendation with amendment by a 3-0 vote, finding that:
I. The Planning Commission recommended approval to the Board of County
Commissioners by a vote of 5-0.
il. No public testimony was received for this proposal.
m. The change meets the Growth Management Act and the objectives of the
Comprehensive Plan.
23-06 Kittitas County Proposal:
Amend KCC 17.15.070 to reflect Art Galleries as a permitted use in the General Commercial Zone.
Currently museums and galleries are listed as a conditional use in the General Commercial zone. This
change will list them as a permitted use and match other similar uses that are permitted in the zone.
The Board of County Commissioners held a public hearing on December 11,2023, 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 5-0.
il. No public testimony for this proposal was received.
m. The change meets the Growth Management Act and the objectives of the
Comprehensive Plan.
23-07 Kittitas County Proposal:
2023 Docket Enabling Ordinance
PageT
December 19,2023
Amend KCC 17.92.010-to allow an extension of up to 2 years for temporary permits.
The proposed amendment to KCC L7.92.010 would allow for an extension of temporary permits
up to two years for specific uses.
The Board of County Commissioners held a public hearing on December 71,2023, 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 5-0.
il. No public testimony for this proposal was received.
ilI. The change meets the Growth Management Act and the objectives of the
Comprehensive Plan.
23-08 Kittitas County Proposal:
Amend KCC Titte 12 to replace current road standards with an updated Chapter.
The current road standards were most recently revised in 2015. While the revision was to clean up issues
from the 2005 standard it was not a complete revision. The proposed standards represent the first
comprehensive approach to road standards since 2005. The current standards are designed with the users
in mind. The proposed standards represent a product that is easily used by development engineers. This
includes roadway cross-sections and supporting graphics which now accompany the standards. Redundant
information, inconsistencies, contradictions and missing information have been removed from the
previous version.
The Board of County Commissioners held a public hearing on December 11,2023, 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 5-0.
II. Public testimony was received for this proposal.
m. The change meets the Growth Management Act and the objectives of the
Comprehensive Plan.
23-09 Kittitas County Proposal:
Amend KCC 16.10 to allow non-conforming lots to be adjusted in a monner so as not to
make a non-conforming lot conforming.
This amendment will allow property owners of non-conforming lots relief through the BLA process to
correct fence lines and transfer property as long as no lot is made conforming to the point they would be
eligible for further division through the process.
The Board of County Commissioners held a public hearing on December 11,2023, 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 5-0.
il. No public testimony for this proposal was received.
2023 Docket Enabling Ordinance
Page 8
December 1912023
m. The change meets the Growth Management Act and the objectives of the
Comprehensive Plan.
23-10 Kittitas County Proposal:
Amend KCC 14.08.020 to decrease the size of detached accessory building and add
definition for building utility system.
These changes are required by the National Flood Insurance Program which the County is a
participating jurisdiction. By making these changes the county will be able to continue its
participation in the program and pass the benefits on to its citizens.
The Board of County Commissioners held a public hearing on December 11,2023, and approved
the request as presented finding that:
I. The Planning Commission recommended approval to the Board of County
Commissioners with a vote of 5-0.
il. No public testimony for this proposal was received.
m. The change meets the Growth Management Act and the objectives of the
Comprehensive Plan.
23-Il Kittitas County Proposal:
Amend KCC 17.36.025 to include an example of calculated densities.
The proposed amendment adds an example to help clariff the intent of the code on how densities
are calculated in a Planned Unit Development.
The Board of County Commissioners held a public hearing on December 1I.2023, and approved
the request as presented finding that:
IV. The Planning Commission recommended approval to the Board of County
Commissioners with a vote of 5-0.
V. No public testimony for this proposal was received.
VI. The change meets the Growth Management Act and the objectives of the
Comprehensive Plan.
23-12 Kittitas County Proposal:
Amend 17.13 to incentivize the use of the TDR program clariffing sending and receiving
sites and re-allocating exchange rates.
The proposed amendments would clari$, definitions and incentivize the transfer of development
rights program with increased exchange rates to preserve both ag land and critical areas. The
current program has not been utilized and the intent would be to help preserve rural lands and
offer up potential solutions for further development of existing properties more suitable for
growth.
The Board of County Commissioners held a public hearing on December 11,2023, 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 5-0.
2023 Docket Enabling Ordinance
Page9
December 19,2023
II. No public testimony for this proposal was received.
m. The change meets the Growth Management Act and the objectives of the
Comprehensive Plan.
2l-13 Kittitas County Proposal:
Amend KCC lT language to define contractor yards and apply regulations to locations.
The proposed amendment to KCC Title 17 would define a contractor yard and establish
regulations in each zone for the siting ofcontractor yards.
The Board of County Commissioners held a public hearing on December 1I,2023, and approved
the request to remand back to staff by a 3-0 vote, finding that:
I. The Planning Commission recommended a remand to staff for further revision to the
Board of County Commissioners with a vote of 3-2.
II. No public testimony for this proposal was received.
The Board of County Commissioners remanded this item for further revision and to bring
recommendations forward when complete.
22-14 Kittitas County Proposal:
Amend KCC 14.04.010 adoption of referenced codes particularly the international Fire
Code to categorize uses into four types and determine where sprinklers and fire flow would
be required.
The proposed amendment to KCC Title 1,4.04.010 will alter when and where fire flows and fire
sprinklers will be required for developments.
The Board of County Commissioners held a public hearing on December 1I,2023, and approved
the request as presented by a 3-0 vote, finding that:
m. The Planning Commission recommended approval with a staff-recommended revision
to the Board of County Commissioners with a vote of 3-1.
ry. No public testimony for this proposal was received.
V. The change meets the Growth Management Act and the objectives of the
Comprehensive Plan.
23-15 Citizen-Initiated Proposal:
Comprehensive Plan Amendment and Rezone
This amendment was proposed by a private citizen and has been assigned file numbers CP-23-00001 and
RZ-23-00001. Parke Creek Landing LLC is proposing a comprehensive plan land use map amendment
from Rural Working to Rural Recreation and arezone of 1 parcel, equaling 198 acres from Agriculture 20
to recreation to match the actual character and use of the property and adjacent properties. The rezone will
allow the current use of the property to be consistent and compatible with the zoning code, as well as
allow future expansion of existing uses. A comprehensive plan amendment (CP-23-00001), rezone
application (RZ-23-00001), and SEPA checklist were submitted as part of the application packet. The
processing of this non-prdect specific rezone is consistent with Kittitas County Code 158.03
Amendments to Comprehensive Plan.
2023 Docket Enabling Ordinance
Page 10
December 1912023
The Board of County Commissioners held a public hearing on December 11,2023 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 with one abstained.
II. Public testimony for this proposal was received.
m. The change meets the Growth Management Act and the objectives of the
Comprehensive Plan.
SECTION III - FINAL DECISION AI\D SIGNATT]RES
BE IT ORDAINED that the Board of Kittitas County Commissioners, after due deliberation,
hereby approves amendments to KCC 17.08.187A, KCC 17.08.1878,17.15.050.1, 17.15.060.1,
17.15.070.1and 17.080.1, as shown in Exhibit A.
BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due
deliberation, hereby approves amendments to KCC 17.18.050, 17.22.050, 17.32.070, 17.56.070,
17.57.060 and 17.59.060, as shown in Exhibit B.
BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due
deliberation, hereby approves amendments to the land use and zoning on parcel 10970 to rural
residential and Rural 5, as shown in Exhibit C.
BE IT FURTIIER ORDAINED that the Board of Kittitas County Commissioners, after due
deliberation, hereby approves the annexation into City of Ellensburg Jurisdiction through
Ellensburg Ordinance 4887, as shown in Exhibit D.
BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due
deliberation, hereby approves amendment to Amend KCC 17.08.010, as shown in Exhibit E.
BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due
deliberation, hereby approves amendment to KCC 17.15.070, as shown in Exhibit F.
BE IT FURTIIER ORDAINED that the Board of Kittitas County Commissioners, after due
deliberation, hereby approves amendments to KCC 17.92.010, as shown in Exhibit G.
BE IT FIIRTHER ORDAINED that the Board of Kittitas County Commissioners, after due
deliberation, hereby approves amendments to KCC Title 12, creating a new title 12 as shown in
Exhibit H.
BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due
deliberation, hereby approves amendments to KCC 16.10, as shown in Exhibit I.
BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due
deliberation, hereby approves amendments to KCC 14.08.030, as shown in Exhibit J.
2023 Docket Enabling Ordinance
Page ll
December 19,2023
BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due
deliberation, hereby approves amendments to KCC 17.36.025, as shown in Exhibit K.
BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due
deliberation, hereby approves an amendment to KCC 17.13, as shown in Exhibit L.
BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due
deliberation, hereby approves amendments to KCC 14.04.010, as shown in Exhibit M.
BE IT F'URTIIER ORDAINED that the Board of Kittitas County Commissioners, after due
deliberation, hereby approves a comprehensive map and rezone, as shown in Exhibit N.
NOW BE IT FURTHER ORDAINED that the Board of County Commissioners, after due
deliberation, hereby approves the adoption of the 2023 Amendments to the Kittitas County Code
as shown in Exhibits A through N attached hereto and incorporated by reference. Infonnation
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 19ft day of December 2023, at Ellensburg, Washington.
BO COT]NTY COMMISSIONERS
UNTY, WASHTNGTON
, Cot ice-Chairman
APPROVED AS TO FORM:
TdCterkof the Board- Julie Kjorsvik
[1 Deputy Clerk of the Boar{- Mandy Buchholz
Stephanie Hartung, Deputy Prosecuting Attorney
signing for Gregory L. Zempel Prosecuting Attorney
\
?a+ti
ql
I
2023 Docket Enabling Ordinance
Prge12
December 19,2023