HomeMy WebLinkAbout8/8/2017 - City Council - City Council Meeting Agenda Packet (2)
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East Wenatchee City Council Douglas County Board of Commissioners
SPECIAL JOINT PUBLIC HEARING
Location: East Wenatchee City Hall Council Chambers
271 9th St. NE
East Wenatchee, WA 98802
August 8, 2017 – 5:30 P.M.
AGENDA
ROLL CALL – Mayor Lacy presiding
PLEDGE OF ALLEGIANCE
JOINT PUBLIC HEARING A joint public hearing to consider East Wenatchee Municipal Code
amendments including adding a new section to chapter 17.72 establishing a residential
development minimum density standard; and amendments to chapters 17.08, 17.24, 17.28,
17.32, 17.38, and 17.72 regarding lot dimensions and sizes, setbacks, livestock and poultry
provisions, accessory dwelling units, lot frontage, off-street parking, and correcting
inconsistencies and typographical errors.
City of East Wenatchee Ordinances:
1. Ordinance No. 2016-08: An Ordinance of the City of East Wenatchee amending the East Wenatchee Municipal Code
and adding a new Section 17.72.270 to establish minimum Density Standards.
2. Ordinance No. 2016-09: An Ordinance of the City of East Wenatchee amending the East Wenatchee Municipal Code
Chapter 17.24 Residential Low Density District to reduce minimum lot area, lot dimensions, and setbacks; and increase
lot coverage.
3. Ordinance No. 2016-10: An Ordinance of the City of East Wenatchee amending the East Wenatchee Municipal Code
Chapter 17.28 Residential Medium Density District to clarify land uses, reduce minimum lot area, lot dimensions, and
setbacks; and increase lot coverage.
4. Ordinance No. 2016-11: An Ordinance of the City of East Wenatchee amending the East Wenatchee Municipal Code
Chapter 17.32 Residential High Density/Office District to clarify land uses; and reduce minimum lot area, lot dimensions,
and setbacks.
5. Ordinance No. 2016-12: An Ordinance of the City of East Wenatchee amending the East Wenatchee Municipal Code
Chapter 17.72 General Provisions pertaining to off-street parking; structures and setbacks; lot size averaging; accessory
dwelling units; and lot frontage.
6. Ordinance No. 2016-13: An Ordinance of the City of East Wenatchee amending the East Wenatchee Municipal Code
Chapter 17.08 Definitions sections regarding lot lines, lot width, and lot types and adding new definitions and diagrams
illustrating certain defined terms.
7. Ordinance No. 2016-14: An Ordinance of the City of East Wenatchee amending the East Wenatchee Municipal Code
Section 17.38.070 Neighborhood Commercial to increase the district size limitation and correct text errors.
Douglas County Ordinance
1. Ordinance TLS 17-10-35B
ADJOURN SPECIAL JOINT PUBLIC HEARING
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AFFP
Affidavit of Publication
STATE OF WASHINGTON} SS
COUNTY OF CHELAN}
The Douglas County Empire Press is a legal
newspaper published in Douglas County, Washington, and
approved as such by the Superior Court of said
County and State. Serving the county of Douglas.
That said newspaper was regularly issued and circulated
on those dates .
July 27, 2017
Subscribed to and sworn to me this 27th day of July 2017.
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Linda K. Barta, Notary Public, Chelan County, Washington
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TRANSPORTATION AND LAND SERVICES
Resolution No . TLS 17-35A
BOARD OF COUNTY COMMISSIONERS
DOUGLAS COUNTY . WASHINGTON
Adopting Amendments to the East Wenatchee
Code in the Urban Growth Area
The East Wenatchee City Council and Douglas County Board of County
Commissioners will hold a joint public hearing starting at 5:30 PM on Tuesday ,
August 8, 2017 in the City of East Wenatchee Council Chambers, located at 271 9th
Street NE, East Wenatchee, WA to consider the following proposals to amend the
East Wenatchee Municipal Code (EWMC) as described below.
ZTA 2015-05 Adding a new section EWMC 17.72.270 to establish minimum density
standards for residential development within the residential and mixed-use zoning
districts : providing for exceptions ; describing a calculation process; and providing
special provisions for properties not served by public sanitary sewer service .
ZTA 2015-06 Chapter 17.24 , Chapter 17 .28 and Chapter 17 .32 to reduce lot
dimensions, lot sizes and setbacks; increase building heights; and clarify provisions
relating to livestock and poultry; Chapter 17 .72 accessory structures; projections into
setbacks ; lot size averaging; accessory dwelling units; lot frontage requirements; and
reducing off-street parking for multi-family projects ; Chapter 17.08 regarding lot lines ,
lot width, and lot types ; adding new definitions and diagrams illustrating certain
terms; and Chapter 17.38.070 correcting inconsistencies and typographical errors .
These proposed amendments were part of the 2016 Amendment process . Final
action was postponed pending additional study. The City Council and County
Commissioners will take action to approve or disapprove or to mOdify and approve .
the proposals .
The public is invited to attend the public hearing . at the date, time, and location
noted above, and to provide comment on the proposals. Complete information and
copies of the proposals may be reviewed during normal business hours at the East
Wenatchee Community Development Department, 271 9th Street NE, East
Wenatchee, WA 98802 or on the city 's webpage at hUp:/ieast
wenatchee.comlgovernmenUdepartments/community-developmenUproposed-ewmc
amendments-2016.
To obtain materials in an alternate format, please contact the City Clerk at
509.884 .9515. Address written comments in advance of the hearing to Lori Bamett,
Community Development Director , at East Wenatchee City Hall , 271 9th SI. NE,
East Wenatchee, WA 98802, fax 509.886.6233 or via e-mail at IbameU@east
wenatchee.com.
It is the policy of the city and the county to assure that no person, with a disability or
on the grounds of race, national origin or sex, is excluded from partiCipation in any
city or county activity. We invite any person with special needs, including handicap
accessibility or interpreter services, to contact the City Clerk at (509) 884-9515 at
least 3 working days before the meeting to discuss any special accommodations
which may be necessary. Citizens with hearing impairments may call the
Washington Relay Service TOO line at (800) 833-6388 .
Dated this 25th day of July 2017 in Waterville, Washington.
BOARD OF COUNTY COMMISSIONERS
DOUGLAS COUNTY, WASHINGTON
Steven D. Jenkins, Chair
Dan Sutton, Vice Chair
Kyle Steinburg, Member
ATTEST:
Tiana Rowland, Deputy Clerk of the Board
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CITY OF EAST WENATCHEE
COMMUNITY DEVELOPMENT DEPARTMENT
271 9TH STREET NE * EAST WENATCHEE, WA 98802
PHONE (509) 884-5396 * FAX (509) 886-6113
STAFF REPORT
TO: East Wenatchee Planning Commission and Douglas County
Planning Commission
FROM: Community Development Department
DATE: July 1, 2016
SUBJECT: Proposed amendments to the East Wenatchee Municipal Code:
ZTA 2015-05 Density Standards; and
ZTA 2015-06 Miscellaneous Amendments
I. GENERAL INFORMATION
A. Proposal: The proposal under consideration is a joint city of East Wenatchee
and Douglas County project to amend the East Wenatchee Municipal Code
(EWMC) as follows.
1. Adding a new section EWMC 17.72.270 Density Standards to establish a
minimum density standard for residential development within the
residential and mixed-use zoning districts: providing for exceptions;
describing a calculation process; and providing special provisions for
properties not served by public sanitary sewer service.
The Density Standards proposal was originally part of the project to amend the
Greater East Wenatchee Comprehensive Plan (GEWA) and development
regulations to support the expansion of the East Wenatchee Urban Growth Area
(UGA) boundary. At a public meeting on March 24, 2015, the comprehensive
plan amendment, the development regulations requiring sewer connection, open
space provisions, and a establishing a new commercial zoning district were
approved by the City Council and Douglas County Board of County
Commissioners. However, the ordinance to establish Density Standards was not
approved and was remanded back to the Planning Commission for further
consideration.
The proposed revised Density Standard amendment addresses issues that were
raised at that joint-public meeting:
• Review other Eastern Washington community minimum density provisions;
• Reduce the 12 dwelling units per acre minimum density for multi-family;
• Clarify the exemptions;
• Increase the exclusions that will be used to determine net density, and
• Clarify provisions for development at lower density when sewer is not
available.
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2. Miscellaneous amendments intended to provide more flexibility for
design and development of residential projects to promote higher
density in the urban area:
a. Amending Chapter 17.24 - Residential Low Density, Chapter 17.28 –
Residential Medium Density and Chapter 17.32 – Residential High
Density/Office District to reduce minimum lot dimensions, lot sizes and
setbacks; increase building heights; clarify provisions relating to livestock
and poultry.
b. Amending Chapter 17.72 – General Provisions regarding accessory
structures; projections into setbacks; lot size averaging provisions;
reducing lots size minimums for accessory dwelling units; reducing lot
frontage requirements; and reducing off-street parking for multi-family
projects.
c. Amending Chapter 17.08 – Definitions regarding lot lines, lot width, and lot
types; adding new definitions and diagrams illustrating certain defined
terms.
d. Amending Chapter 17.38.070 - Neighborhood Commercial correcting
inconsistencies and typographical errors.
B. Location: The proposal will be applicable to properties within the city limits and
in the unincorporated area within the urban growth area surrounding the city of
East Wenatchee in Douglas County, Washington
II. PROPOSAL ANALYSIS
A. Comprehensive Plan: The Greater East Wenatchee Area Comprehensive Plan
(GEWA) was adopted on March 28, 2006 by the city of East Wenatchee and
Douglas County. The GEWA has been amended several times, most recently in
2015 which included a major expansion of the urban growth area (UGA).
Goals and Policies. The following goals and policies are excerpts from the
GEWA that are relevant to the proposed zoning text amendments.
Chapter 2 – Urban Growth
GOAL 2: Reduce the inappropriate conversion of undeveloped land into sprawling,
low density development and provide for the orderly and progressive change from
rural to urban density land uses within the Urban Growth Area with the provision of a full-range of urban services.
UG -6 The City and County will establish flexible development standards to achieve an
average residential density in new development of at least 4 dwelling units per net acre in
the urban growth areas through a mix of land uses, densities and housing types.
UG-8 The development of residential and commercial property within the urban growth
area shall only occur when all necessary urban public facilities and services are provided
prior to or concurrent with development.
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UG-9 If the property is located outside of the service district boundary of a utility,
annexation into the service district or the execution of a “no-protest” annexation agreement
must occur prior to development of the property.
GOAL 4: The County and the City will collaborate on and adopt consistent
regulations and development standards for areas located within the urban growth
areas.
UG -15 Capital Facility Plans should provide for an urban level of public facilities and
services to facilitate an orderly and efficient build out of lands within the urban growth
areas.
UG-17 To ensure efficient use of the growth capacity within the urban growth area,
procedures to phase the provision of urban services must be implemented by the city and
county.
UG- 18 To discourage development at densities below the target densities adopted in this
plan, growth will be controlled through the use of development regulations that provide an
orderly, phased transition from rural to urban uses.
A. The City and County must adopt standards to guide development within
areas currently not served with a full-range of urban services that will allow phased
development using cluster provisions, planned unit developments, reserve platting
or shadow platting, developer agreements and/or other options to ensure that the
project does not develop at densities that preventing achieving the UGA average
target residential density of 4 dwelling units per acre.
B. The development standards may permit the temporary use of on-site
septic systems in those areas where sanitary sewer service is not available.
However, the development pattern must be designed to accommodate future
development at urban densities once sanitary sewer service is available.
Chapter 4 - Housing
GOALS:
1.To provide for a sufficient number of safe, attractive and affordable residences for
people of all income levels.
3.To provide for a variety of housing types and densities to ensure a range of
affordable housing options for all segments of the community.
5.To insure that public facilities and infrastructure are available to support
development at urban densities in advance of or concurrent with development.
H-1 Require residential development at urban densities to locate within urban growth
areas consistent with the comprehensive plan. If the property is located outside of the
service district boundary of a utility, annexation into the service district must occur prior to
development of the property.
H-7 Use the following criteria for the establishment of residential densities:
a. Adjacent to commercial development, residential development should range from
8 to 24 dwelling units per acre and may include mixed-use type projects.
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b. Adjacent to the existing single-family districts, densities should range from 8 to 15
dwelling units per acre.
H-13 New residential development in the urban growth area must be concurrently
served by a full range of urban governmental services. The City and County should
designate phasing of development areas not currently served by sanitary sewer. On-site
sewage disposal systems are a temporary option that should only be available to
properties located within these phasing areas in the UGA when the developer:
a) Executes a formal development agreement, recorded and binding upon the
property, providing a financial guarantee to pay for the extension of sanitary sewer
with the creation of a utility local improvement district or other funding
mechanisms;
b) Installs “Dry lines” for centralized public collection at the time of development to
facilitate eventual connection to sanitary sewer;
c) Guarantees connection to the sanitary sewer at the time a main line is extended to
service the property by recording a binding agreement on the title of each lot or
dwelling unit created requiring sewer connection, at the property owner’s sole
expense, when the main line is installed to service the property; and
d) Designs and builds the project in a manner that locates the homes and other uses
on the property to facilitate infill development when the land area needed for the
on-site septic system is no longer necessary;
e) Includes a plan to insure that sewer service is provided within a reasonable period
of time.
H-21 Residential development must meet the net density targets of 8 dwelling units per
acre for single-family and 12 dwelling units per acre for multi-family. Net density does not
include land set aside for public facilities, recreation, or critical areas.
In summary, the goals and policies express the importance of residential
development at urban densities and the provision of services to support such
development. Development without public sewer should be on a temporary basis
with anticipation that when sewer is available, redevelopment at higher density
will be possible.
Relationship of Density Standard to UGA Land Capacity Analysis. Setting UGA
boundaries is partly about the math and partly about planning for infrastructure.
In 2012, Washington State Office of Financial Management (OFM) issued
updated population projections. City and county staff revised the projections that
would be used for sizing the UGA based upon the numbers issued by OFM. The
distribution of the projections was previously approved by the Douglas County
Regional Council in 2009, allocating 72% of the total County population increase
to the East Wenatchee UGA.
Table 1 below shows the allocation of projected population for the East
Wenatchee UGA. Table 2 converts the population projection to housing units.
The East Wenatchee UGA is projected to grow by 9,854 over the next 20 years
resulting in a need of at least 3,873 additional housing units.
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Table 1 – Douglas County Population Allocation 2010- 2035
% Co
Pop
Change 2010 2015 2020 2025 2030 2035
East Wenatchee 72.00% 26,221 28,212 30,203 32,193 34,184 36,175
Douglas Co. Total 38,431 41,196 43,961 46,726 49,491 52,256
Table 2 – East Wenatchee Population Change Converted to Housing Units
2035 Population 36,175
2010 Population 26,221
Projected Pop Growth 9,954
Av. Persons/Housing Unit 2.57
Housing Units Needed (9,954/2.57) 3,873
To determine the land area needed to accommodate the projected housing units,
it is necessary to convert the housing units to acreage. The GEWA Plan used a
factor of 4 dwelling units per acre (DU/AC) for single-family and 12 DU/AC for
multi-family. Those factors were approved by the Douglas County Regional
Council in August of 2003. Since 2007, the city and county have had a goal to
attain a mix of 83% of the residential land for single-family and 17% for multi-
family. This ratio is necessary since the multi-family designation permits single
family homes but the single-family designation does not allow multifamily
housing.
Table 3 –Housing Units by Type and Land Area Needed
SF MF
Ratio of Total HU 83% 17%
Units by Type 3,215 658
Average Density (DU/Acre) 4 12
Residential Acres Needed 804 55
Taking into consideration the vacant land available within the UGA, it was
determined that:
• 216 acres of land designated for single-family was needed
• 241 acres of land designated for multi-family was needed
• Total of 457 acres needed for residential development.
During this exercise, the amount of vacant land and existing vacant lots was
reduced by a factor of 50% to account for market factors and land that would be
needed for streets, utilities, other infrastructure and non-residential uses. The
Mixed-Use designation was considered to be 50% multifamily and 50%
commercial.
The Land Capacity Analysis determined that at least 520 acres of land would
need to be added to the UGA to accommodate the 20-year growth projection.
Table 4 below shows the results of expansion of the urban growth area
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completed in 2015. The UGA was expanded by 703 acres. After deducting the
land encumbered by critical areas, the net increase to the UGA was 622 acres.
• A total of 518 acres were designated for potential residential
development.
Table 4 – Summary Chart East Wenatchee UGA Expansion Area
Land Use
Designation Target Acreage Needed
Acres Added to UGA
Net Designation
After Subtracting Critical Areas
Single-Family 216 373 322
Multi-Family 241 172 163
Mixed-Use 86 66
Commercial 63 72 72
Total Expansion 520 703 622
Table 5 below shows the potential implications to the urban growth area if the
density assumptions are reduced to 3 DU/AC for single-family and 6 DU/AC for
multi-family.
Table 5 –Housing Units by Type and Land Area Needed With Reduced Density
SF MF
Ratio of Total HU 83% 17%
Units by Type 3,215 658
Average Density (DU/Acre) 3 6
Acres Needed 1,072 110
Increased Acres Needed Due
to Reduced Density 268 55
• The UGA would need 268 additional acres for single-family and 55
additional acres for multifamily.
The density provision that was proposed in 2015 was part of group of regulations
intended to ensure that an urban development pattern would develop consistent
with the GMA requirements. If the density is changed, the land capacity analysis
is no longer valid. The implications for not attaining the density would be that the
new UGA area could be insufficient in size to accommodate the growth.
Relationship of Density to Capital Facilities and Utilities. The UGA analysis
that was completed in 2013 to determine the need for the expansion area
included a review of capital facilities and utilities that would be needed to support
growth in the proposed UGA expansion areas and the existing UGA. A
Combined Capital Facilities Plan included an analysis of the cost of infrastructure
to accommodate growth in five separate areas.
The agencies and districts that provide public infrastructure and services rely
upon the growth projections, buildout densities and land use designations that
are in the comprehensive plan when they plan for capital facilities and to
determine their annual capital improvement programs. They rely upon that
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information to make decisions as to where to concentrate their resources to
insure that they are accommodating the projected population growth in the areas
designated.
Low density development is more expensive to serve since there are fewer
homes within the service area to absorb the cost of the installation and
maintenance of the facilities and services. Once the development pattern is
established it can make it very expensive to serve in the future. The proposed
Density Standard anticipates this with provisions to ensure that planning for
higher density is considered prior to the development. The Density Standard
includes a requirement that the project be designed with future provision of
services anticipated and a development pattern illustrated as to how the project
can meet the densities once sewer is available.
The Miscellaneous amendments are proposed to implement the density
provisions in the comprehensive plan by providing for smaller lots, more lot
coverage, and reduced setbacks in all of the residential zoning districts. These
provisions are intended to provide greater flexibility in the design of housing
developments to address policies UG-6, H-7, and H-21 and provide the needed
flexibility to design at urban densities.
The proposed amendments are consistent with and implement to goals and
policies in the comprehensive plan.
B. Countyw ide Planning Policies. The Douglas County Regional Policy Plan
(Policy Plan) is the framework of policies to direct the adoption of and
amendments to comprehensive plans and development regulations. The
Douglas County Regional Council (Regional Council) is responsible for adopting
and amending the countywide planning policies in Douglas County. The Regional
Council includes the mayors from each city and the three Douglas County
Commissioners.
Policy C-3 provides that the county and cities will collaborate on and adopt
consistent regulations and development standards for application within the UGA
boundary.
In the Policy Plan cities were given the responsibility for much of the planning
within their UGA. Due to the large UGA surrounding the City of East Wenatchee,
in 2009 the procedures were amended to give the county the responsibility for
some of the planning within the UGA with the exception of UGA boundary
changes and those amendments that are only applicable within the city limits.
Policy C-6 provides that revisions to the East Wenatchee UGA boundary, and
any associated development regulation amendments, are to be processed by the
city with the adoption following a format that includes a joint city and county
planning commission hearing and joint public meetings of the City Council and
County Commissioners for final action.
The proposals under consideration are consistent with Policy Plan procedures.
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C. Growth Management Act Provisions for UGA’s. As mentioned previously, the
GMA includes three goals that specifically apply to development within Urban
Growth Areas.
Urban Growth: Encourage development in urban areas where adequate public facilities
and services exist or can be provided in an efficient manner.
Reduce sprawl: Reduce the inappropriate conversion of undeveloped land into sprawling,
low-density development.
Public Facilities and Services: Ensure that those public facilities and services necessary to
support development shall be adequate to serve the development at the time the
development is available for occupancy and use without decreasing current service levels
below locally established minimum standards.
Other GMA provisions applicable to this proposal:
RCW 36.70A.030 Definitions.
(12) "Public facilities" include streets, roads, highways, sidewalks, street and road
lighting systems, traffic signals, domestic water systems, storm and sanitary sewer
systems, parks and recreational facilities, and schools.
(13) "Public services" include fire protection and suppression, law enforcement, public
health, education, recreation, environmental protection, and other governmental services.
(18) "Urban governmental services" or "urban services" include those public services
and public facilities at an intensity historically and typically provided in cities, specifically
including storm and sanitary sewer systems, domestic water systems, street cleaning
services, fire and police protection services, public transit services, and other public utilities
associated with urban areas and normally not associated with rural areas.
(19) "Urban growth" refers to growth that makes intensive use of land for the location
of buildings, structures, and impermeable surfaces to such a degree as to be incompatible
with the primary use of land for the production of food, other agricultural products, or fiber,
or the extraction of mineral resources, rural uses, rural development, and natural resource
lands designated pursuant to RCW 36.70A.170. A pattern of more intensive rural
development, as provided in RCW 36.70A.070(5)(d), is not urban growth. When allowed to
spread over wide areas, urban growth typically requires urban governmental services.
"Characterized by urban growth" refers to land having urban growth located on it, or to land
located in relationship to an area with urban growth on it as to be appropriate for urban
growth.
RCW 36.70A.110 Comprehensive plans-Urban growth areas
(3) Urban growth should be located first in areas already characterized by urban growth
that have adequate existing public facility and service capacities to serve such
development, second in areas already characterized by urban growth that will be served
adequately by a combination of both existing public facilities and services and any
additional needed public facilities and services that are provided by either public or private
sources, and third in the remaining portions of the urban growth areas. Urban growth may
also be located in designed new fully contained communities as defined by RCW
36.70A.350.
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RCW 36.70A130 Comprehensive plans-Review procedures and schedules-
amendments
(3)(b) The county comprehensive plan designating urban growth areas, and the densities
permitted in the urban growth areas by the comprehensive plans of the county and each
city located within the urban growth areas, shall be revised to accommodate the urban
growth projected to occur in the county for the succeeding twenty-year period.
The proposed Density Standards were intended to partner with the UGA
expansion to insure that development would be at urban densities anticipating
that infrastructure will be extended to serve the area and development will be
phased according to the availability of those utilities.
WAC 365-196-300 provides guidance for developing at urban density. That
section explains the need to allow flexibility in development regulations and to
remove regulator barriers that may be hindering development at urban densities.
WAC 365-196-300(3)(b)(ii) Counties and cities need not force redevelopment in urban
areas not currently developed at urban densities, but the development regulations must
allow, and should not discourage redevelopment at urban densities. If development
patterns are not occurring at urban densities, counties and cities should review
development regulations for potential barriers or disincentives to development at urban
densities. Counties and cities should revise regulations to remove any identified barriers
and disincentives to urban densities, and may include incentives.
WAC 365-196-300 (4) Factors to consider for establishing urban densities. The act does
not establish a uniform standard for minimum urban density. Counties and cities may
establish a specified minimum density in county-wide or multicounty planning policies.
Counties and cities should consider the following factors when determining an appropriate
range of urban densities:
(a) An urban density is a density for which cost-effective urban services can be
provided. Higher densities generally lower the per capita cost to provide urban
governmental services.
(b) Densities should be higher in areas with a high local transit level of service.
Generally, a minimum of seven to eight dwelling units per acre is necessary to support
local urban transit service. Higher densities are preferred around high capacity transit
stations.
(c) The areas and densities within an urban growth area must be sufficient to
accommodate the portion of the twenty-year population that is allocated to the urban
area. Urban densities should allow accommodation of the population allocated within
the area that can be provided with adequate public facilities during the planning period.
(d) Counties and cities should establish significantly higher densities within regional
growth centers designated in RCW 47.80.030; in growth and transportation efficiency
centers designated under RCW 70.94.528; and around high capacity transit stations in
accordance with RCW 47.80.026. Cities may also designate new or existing downtown
centers, neighborhood centers, or identified transit corridors as focus areas for infill
and redevelopment at higher densities.
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(e) Densities should allow counties and cities to accommodate new growth
predominantly in existing urban areas and reduce reliance on either continued
expansion of the urban growth area, or directing significant amounts of new growth to
rural areas.
(f) The densities chosen should accommodate a variety of housing types and sizes to
meet the needs of all economic segments of the community. The amount and type of
housing accommodated at each density and in each land use designation should be
consistent with the need for various housing types identified in the housing element of
the comprehensive plan.
(g) Counties and cities may designate some urban areas at less than urban densities
to protect a network of critical areas, to avoid further development in frequently flooded
areas, or to prevent further development in geologically hazardous areas. Counties or
cities should show that the critical areas are present in the area so designated and that
area designated is limited to the area necessary to achieve these purposes.
(5) Addressing development patterns that occurred prior to the act.
(a) Prior to the passage of the act, many areas within the state developed at densities
that are neither urban nor rural. Inside the urban growth area, local comprehensive
plans should allow appropriate redevelopment of these areas. Newly developed areas
inside the urban growth area should be developed at urban densities.
(b) Local capital facilities plans should include plans to provide existing urban areas
with adequate public facilities during the planning period so that available
infrastructure does not serve as a limiting factor to redevelopment at urban densities.
The proposed amendments are consistent with GMA goals and the provision of
WAC 365-193 by:
• implementing the density provisions contained in the comprehensive plan
• implementing the requirement for phasing development as urban services
are provided
• removing regulatory barriers to achieving an urban density pattern
• providing for a variety of housing types and sizes
• protecting critical areas by eliminating them from the density calculation
• accommodating the projected 20-year growth in the UGA
D. Proposed East Wenatchee Municipal Code Amendments:
#1 New Section – 17.72.270 Density Standards. This regulation is intended to
insure that development within the urban growth area is urban in character.
Exhibit A to this staff report contains the full text of the proposed zoning text
amendment. The revised proposed text amendment document was reformatted
in its entirety as compared to the document that was under consideration last
year. However, the general provisions and overall concept are consistent with the
earlier version. The following summarizes the changes and new provisions.
• The origin provision for a minimum density of 4 DU/AC for single-family
developments remains. This version reduces the multifamily density from
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12 DU/AC to 6 DU/AC for medium density multifamily, and 8 DU/AC for
high density multifamily and mixed-use developments.
• Exceptions were added in section 17.72.270(D) for lots meeting specific
provisions such as irregular lots, new dwellings on existing lots, renovation
or conversion of existing dwellings, a one-time division of a lot with an
existing home, and new development where 60% of the housing is set-
aside for low income households.
• A net building area is used that now excludes critical areas and their
buffers, slopes over 15%, all stormwater facilities, public and private roads
as well as joint-use driveways (3 or more lots) and fire access roads,
parks and open space areas, and any land set aside for non-residential
uses.
• Special provisions were clarified for land not served by public sanitary
sewer. The development must show how it could be redeveloped at the
required density when sewer is available. Three options for the plan are
provided: a conversion redevelopment plan, a reserve tract plan, or a
combined lots plan. A diagram must be submitted that shows where the
infrastructure would be and how the lots could be redivided if desired. The
diagram must be recorded. However it is not binding and does not vest for
platting purposes.
In preparing the proposed density regulations, staff researched and reviewed
several publications and documents. As requested at the March 24, 2015 public
meeting, staff researched Eastern Washington county and city requirements of
density (shown in bold text below). The major body of work consulted includes:
Regulations from Walla Walla County, Grant County, Yakima County,
Pierce County, Snohomish County, Thurston County; the cities of
Wenatchee, Lacey, Yakima, Tacoma, Renton, Redmond, Duvall, Mount
Vernon and Tumwater
Department of Commerce – Urban Growth Area Guidebook (2012);
RCW 36.70A Growth Management Act
WAC 365.196 Growth Management Act—Procedural Criteria For Adopting
Comprehensive Plans And Development Regulations
Department of Commerce – Urban Densities – Central Puget Sound
Edition (King, Kitsap, Pierce, and Snohomish Counties) Guidance Paper
September 2004
Washington State Administrative Code 246-272A-0025;
Resources and information from the Municipal Research Service Center
including case law and sample provisions for latecomer agreements and
local/utility improvement districts.
With regards to other jurisdictions, the following is a summary of provisions that
were reviewed as noted above:
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• Walla Walla County requires 3 DU/AC. Uses a “buildable site area” for the
calculation excluding rights of way and private streets, critical areas (except
for buffers), and land with slopes greater than 15%.
• Grant County requires 4 DU/AC for single family zones, 8 du/ac for
multifamily, and 16 du/ac for high density residential. No calculation provided.
Requires connection to public sewer and water. Provides for on-site systems
if redevelopment plan is provided.
• Yakima County has no minimum listed. Requires connection to public sewer
and water. If not available must install dry lines. Policies allow development
with interim on-site systems if the development is designed to facilitate future
subdivision and infilling when services are available.
• Snohomish County requires 4 DU/AC unless the property is in an unsewered
enclave. Exclusions when determining density include roads, drainage
swales, public use areas, critical areas and their buffers.
• Pierce County requires densities range from 4 to 12 DU/AC. Uses a “net
developable area” for the calculation excluding rights of way and private
streets, critical areas (except for buffers). Buffers can be excluded if the
proposal cannot meet the density requirement. If the project is more than 300
feet from a sewer hook-up relief is granted provided only 1 lot exceeds the
minimum square footage necessary for an on-site septic system in districts
requiring 4 DU/AC. In the 6 or more DU/AC districts only 1 lot may exceed
7,260 sq. ft.
• City of Tumwater requires densities ranging from 4 to 14 DU/AC. An
administrative reduction is provided. If no sewer is available the proposal
must provide for redevelopment when sewer is available.
• City of Mount Vernon requires 4 DU/AC except for construction of a single
family home on an existing lot and when there are critical areas or other
physical site constraints. Requires phasing or shadow platting to demonstrate
that the project can meet the standards with future development.
• City of Redmond requires that minimum densities represent 60-80% of the
allowed density. Uses a “net buildable area” for the calculation excluding
rights of way and private streets, critical areas and buffers. Several
exceptions are included.
• City of Renton requires densities ranging from 3 to 10 DU/AC per net acre.
Critical areas, and public rights-of-way and legally recorded private access
easements are subtracted. However critical area buffers, streams that have
been day lighted including restored riparian and aquatic areas, public and
private alleys, and trails, are not subtracted. Phasing, shadow platting, or land
reserves may be used to satisfy the minimum density requirements to
demonstrate that the current development would not preclude the provision of
adequate access and infrastructure to future development.
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One of the earlier criticisms of the required density related to the ability to meet
that requirement. Staff evaluated a number of past projects and determined that
several examples already met that target density. See Table 6 below.
Table 6 Comparative Densities for UGA Lots With and Without Sewer Service.
Plat Name Parent
Parcel
Acreage
Number
of Lots
Acreage
in Lots
Net Lots/Acre Average
Lot Size
Acreage in
Roads, Utilities &
Open Space
% in
Utilities
& Roads
Sewer
Columbia Ridge 7.02 15 6.35 2.36 0.42 0.67 9.54% N
Columbia Ridge 2 4.90 11 4.07 2.70 0.37 0.83 16.94% N
Spring Hill Estates 11.85 31 9.88 3.14 0.32 1.97 16.62% N
Ashwood Estates 5.84 15 4.57 3.28 0.30 1.27 21.75% N
North Plateau 7 & 8 43.85 113 38.09 2.97 0.34 5.76 13.14% Y
Canyon Hills 6-8 48.59 121 31.16 3.88 0.26 17.43 35.87% Y
Ridge Crest Div 1 - 3 13.52 53 10.98 4.83 0.21 2.54 18.79% Y
Kentucky Crossing Div 1-3 26.62 86 19.37 4.44 0.23 7.25 27.24% Y
Alder Ridge Plat & Short
Plats 17.46 53 13.51 3.92 0.25 3.95 22.62% Y
Columbia Circle 14.12 33 10.03 3.29 0.03 4.09 28.97% Y
Cherry View 4.95 18 4.04 4.46 0.22 0.91 18.38% Y
Skywiew Ridge 14.01 51 10.70 4.77 0.21 3.31 23.63% Y
Falcon Ridge 7.54 26 5.88 4.42 0.23 1.66 22.02% Y
Farmdale 4.59 17 3.23 5.26 0.19 1.36 29.63% Y
Catalina Crest 4.76 17 4.55 3.74 0.27 0.21 4.41% Y
Sand Canyon Estates 17.89 21 9.69 2.17 0.46 8.20 45.84% Y
Summerhill 18.51 86 14.67 5.86 0.17 3.84 20.75% Y
Fairview Ridge 7.48 16 6.18 2.59 0.39 1.30 17.38% Y
Peach Haven Div I* 6.93 15 4.83 3.11 0.32 0.72 10.39% Y
Peach Haven Div II 8.52 25 6.85 3.65 0.27 1.67 19.60% Y
Johnson Addition** 0.98 5 0.80 6.25 0.20 0.18 18.37% Y
Bollinger Addition 3.03 10 2.37 4.22 0.22 0.66 21.78% Y
Briarwood Div 8B&9B 16.24 25 14.21 1.76 0.51 2.03 12.50% Y
Briarwood Div 2 9.63 25 6.87 3.64 0.27 2.76 28.66% Y
Total 318.83 888.00 242.88 3.66 0.28 74.57 21.03%
Sewered 289.22 816.00 218.01 3.74 0.26 69.83 22.00%
Septic 29.61 72 24.87 2.90 0.35 4.74 16.21%
*Note: 1.38 acres purchased by City for regional stormwater pond was not included in acreage in roads, utilities and open
space. With the pond, the percentage in roads, utilities and open space would increase to 30% of the plat. **Note: Roads
and stormwater are on easements. The acreage in roads, utilities, and open space was deducted from the lot size for
density purposes.
The plats highlighted in yellow exceed the required minimum density. Of the
projects evaluated that had sewer service available, 45% exceeded 4 DU/AC. It
is important to note that the calculation of density used to evaluate these projects
used the actual lot size for each lot. The analysis does not identify the land that
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would be subtracted from the individual lot area due to critical areas steep
slopes, joint-use driveways, or easements for utilities, stormwater systems and
other exclusions allowed by the Density Standard provision. Several of the
subdivisions in the study are on property with steep slopes which generally tends
to increase the size of the lot to provide a useable building pad. If the process
that is outlined in Amendment A was used, it is likely that more of the projects
would meet the 4 DU/AC density.
Policies in the comprehensive plan stress that development should be permitted
only when a full-range of urban services is available. The proposed amendment
is intended to insure that an urban development pattern will evolve overtime as
sanitary sewer services are extended throughout the UGA. The standards allow
interim development without sewer as long as the project is designed to
accommodate re-development at urban densities once sewer service is
available.
Provisions are included to require that the applicant record a no-protest covenant
agreeing to be annexed into the district and to dedicate any right of way or
easement necessary to serve the property when redevelopment occurs or
connection is required.
#2 Miscellaneous Amendments. The miscellaneous amendments are intended to
provide more flexibility for design and development of residential projects to
promote higher density in the urban area include. Most of the amendments were
drafted to respond to comments received at public meetings regarding the
Density Standards. Concerns were expressed that it would be difficult to comply
with the proposed Density Standard under the existing lot size and setback
requirements. Additionally, several of the amendments were necessary to
address errors and inconsistencies noted in those code sections. Exhibit B is a
complete copy of the proposed amendments.
a. Amending Chapter 17.24 - Residential Low Density (R-L): Reduced lot
sizes, side yard setbacks, and dimensions to allow up to 8 DU/AC as
recommended in the GEWA and increased the lot coverage from 35 to
40%.
Chapter 17.28 – Residential Medium Density (R-M): Clarified that
duplexes are permitted; Corrected the reference to livestock as an
accessory use; Reduced lot sizes, side yard setbacks, and dimensions to
allow up to 15 DU/AC as recommended in the GEWA; Increased the lot
coverage from 40 to 45%.
Chapter 17.32 –Residential High Density/Office District (R-H): Clarified
that duplexes are permitted; Corrected the reference to livestock that it is
not permitted in that District; Reduced lot sizes, side yard setbacks, and
dimensions to allow up to 24 DU/AC as recommended in the GEWA.
Staff reviewed the record on the Livestock ordinance change and determined
that small livestock were intended to be permitted as an accessory use in the R-
M Zone and not in the R-H Zone.
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As mentioned at the June 8, 2016 workshop staff has made a change to the side
yard setback in the R-M and R-H Districts to be consistent with the R-L District.
The earlier version had an increased setback once the building height exceeded
20 feet. The R-L District permits a 5 foot setback for structures up to 35 feet. The
amended provisions changed the 20-foot threshold to 35 feet.
b. Amending Chapter 17.72 – General Provisions: Corrected the reference to
“Accessory apartments” to “Accessory dwelling unit” to be consistent with
the definitions section; clarified provisions regarding accessory structures;
projections into setbacks; lot size averaging provisions; reducing lot size
minimums for accessory dwelling units; reducing lot frontage
requirements; and reducing off-street parking for multi-family projects.
The amendments are necessary to be more consistent with the amendments
proposed for lot size and density provisions in the residential zoning districts.
c. Amending Chapter 17.08 – Definitions regarding lot lines, lot width, and lot
types; adding new definitions and diagrams illustrating certain defined
terms.
The proposed amendments clarify some of the definitions and, in some cases,
add diagrams to better illustrate the defined terms.
d. Amending Chapter 17.38.070 - Neighborhood Commercial (correcting
inconsistencies and typographical errors.
This amendment addresses a section of the NC chapter that was inadvertently not
changed in 2015 when the code was amended to increase the allowed size from
2 to 5 acres. It also separates the reference to Design Standards from the Refuse
Storage section which was probably a typographical error in the previous code.
E. Environmental Review:
1. Density Provision: A Determination of Non-significance DNS was issued on
January 23, 2014 in accordance with the provisions RCW 43.21C the State
Environmental Policy Act. The comment period deadline ended on February
9, 2014. The changes made to the proposed amendments since that
determination did not materially change the effect of the proposal on the
environment. It is the determination of the lead agency that the original DNS
remains appropriate. See Exhibit C for a copy of the DNS.
2. Miscellaneous Amendments. A Determination of Non-significance DNS was
issued on April 22, 2016 in accordance with the provisions RCW 43.21C the
State Environmental Policy Act. The comment period deadline ended on May
12, 2016. No comments were received. See Exhibit D for a copy of the DNS.
F. State Review: RCW 36.70A.106 requires submittal of amendments to
development regulations to the Washington State Department of Commerce
(Commerce) and other state agencies for review. The Notice of Proposed
Amendment and Request for Expedited Review was submitted to Commerce for
both proposals on March 30, 2016. The Density Standard was assigned a
Material ID # 22242. The Miscellaneous Amendments were assigned a Material
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ID # 22241. Expedited Review was granted on April 18, 2016. Commerce is the
only agency submitting comments on the proposal. Their comments related to
the Density Standard and are attached as Exhibit E.
G. Public and Local Agency Comments: The City Planning Commission held
workshops on September 1, 2015 and November 3. 2015 to review and discuss
the draft density standards. The Miscellaneous code amendments were drafted
in response to comments received at the September workshop and were
reviewed at the November 3, 2015 workshop. A joint City/County Workshop was
held on December 2, 2015 and on June 8, 2016 to review and discuss both
proposals. Prior to each workshop the draft amendments were posted on the
City’s web page. The City sends Planning Commission agendas via e-mail to 60
individuals and agencies. Included in Exhibit F is a letter received on November
3, 2015 from Building North Central Washington regarding the Density Standard.
On April 6, 2016 the proposed amendments were posted on the City’s web page.
On April 20, 2016, a notice of availability including a pdf copy of the draft
amendments were e-mailed to the City’s contact list for Planning Commission
matters and to local jurisdictions. Between the two e-mail lists 62 individuals and
agencies were provided notice and copies of the proposed amendments. One e-
mail comment was received. Copies of the e-mail transmittals and the comment
received can be found in Exhibit F
A public notice for the July 13, 2016 hearing was advertised in the Wenatchee
World and Empire Press on June 28, 2016.
III. PLANNING SUMMARY
Planning Staff Comments: Staff offers findings of fact and conclusions in Section IV of
this staff report for consideration by the planning commissions. The statements in that
section may be modified by the planning commissions as appropriate to support their
recommendation.
IV. SUGGESTED FINDINGS OF FACT AND CONCLUSIONS
A. FINDINGS OF FACT
Staff recommends approval of the proposed amendments and offers Findings of Fact
and Conclusions in Section IV of this staff report for consideration by the planning
commissions. The findings and conclusion may be modified as appropriate to support
the planning commissions’ decision on the proposal.
1. The proposals under consideration are a joint city of East Wenatchee/Douglas
County proposal to amend the East Wenatchee Municipal Code
a. Adding a new section EWMC 17.72.270 Density Standards to establish a
minimum density standard for residential development within the residential
and mixed-use zoning districts: providing for exceptions; describing a
calculation process; and providing special provisions for properties not served
by public sanitary sewer service
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b. Miscellaneous amendments intended to provide more flexibility for design and
development of residential projects to promote higher density in the urban
area:
i. Amending Chapter 17.24 - Residential Low Density, Chapter 17.28 –
Residential Medium Density and Chapter 17.32 – Residential High
Density/Office District to reduce minimum lot dimensions, lot sizes and
setbacks; increase building heights; clarify provisions relating to
livestock and poultry.
ii. Amending Chapter 17.72 – General Provisions regarding accessory
structures; projections into setbacks; lot size averaging provisions;
reducing lots size minimums for accessory dwelling units; reducing lot
frontage requirements; and reducing off-street parking for multi-family
projects.
iii. Amending Chapter 17.08 – Definitions regarding lot lines, lot width,
and lot types; adding new definitions and diagrams illustrating certain
defined terms.
iv. Amending Chapter 17.38.070 - Neighborhood Commercial correcting
inconsistencies and typographical errors.
2. The proposals will be applicable to properties within the city limits and in the
unincorporated area within the urban growth area surrounding the city of East
Wenatchee in Douglas County, Washington.
3. By this reference, the planning staff file of records, including the staff report, noticing
documents and SEPA documents are entered into the record.
4. Douglas County and East Wenatchee have adopted a comprehensive plan in
accordance with the provision of the Growth Management Act and RCW Chapter
36.70A.
5. RCW Chapters 36.70A authorize the adoption of and amendments to development
regulations.
6. The planning commissions are responsible for long-range planning matters and
providing implementation recommendations to assure compliance with the GMA.
7. Proposed minimum density provisions were approved by the East Wenatchee
Planning Commission (4-1) and Douglas County Planning Commission (5-0) at a duly
advertised joint-public hearing held on February 17, 2015. Advance notices of the
hearing was published in the Wenatchee World and mailed or e-mailed to interested
parties.
8. The planning commissions’ recommendation of approval was transmitted to the East
Wenatchee City Council and Douglas County Board of Commissioners at a joint-
public meeting held on March 24, 2015. Ordinance 2015-11 – Density Standards was
not approved by either body and was remanded to the planning commission for
further review and consideration.
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9. Density Standard. A threshold determination and environmental review pursuant to
RCW 43.21C the State Environmental Policy Act was completed and a Determination
of Non-significance including a comment period was issued on January 23, 2015.
The comment period for the Determination of Non-significance expired on February
9, 2015. The changes made to the proposed amendments since that determination
did not materially change the effect of the proposal on the environment. It is the
determination of the lead agency that the original DNS remains appropriate.
10. Miscellaneous Amendments. A Determination of Non-significance DNS was issued
on April 22, 2016 in accordance with the provisions RCW 43.21C the State
Environmental Policy Act. The comment period deadline ended on May 12, 2016.
No comments were received
11. A Notice of Proposed Amendment and Request for Expedited Review was submitted
to Commerce for both proposals on March 30, 2016. The Density Standard was
assigned a Material ID # 22242. The Miscellaneous Amendments were assigned a
Material ID # 22241. Expedited Review was granted on April 18, 2016.
12. The notice of intent to adopt amendments to the comprehensive plan and
development regulations was submitted to Douglas County, City of Wenatchee, and
Chelan County on April 20, 2016 requesting comments by May 14, 2016. No
comments were received.
13. The proposed zoning text amendments related to Density Standards were discussed
and reviewed by the City Planning Commission at public workshops on September 1,
2015, and November 3, 2015, December 2, 2015, and June 8, 2016. Advance
notices of those public workshops were e-mailed to interested parties.
14. The proposed Miscellaneous Zoning Text Amendments were discussed and
reviewed by the City Planning Commission at public workshops on November 3,
2013, December 2, 2015, and June 8, 2016. Advance notices of those public
workshops were e-mailed to interested parties.
15. The proposed Density Standard and Miscellaneous Zoning Text Amendments were
discussed and reviewed by the Douglas County Planning Commission at public
workshops on December 2, 2015 and June 8, 2016.
16. A public notice for the July 13, 2016 hearing was advertised in the Wenatchee World
and Empire Press on June 28, 2016.
17. The East Wenatchee Planning Commission and Douglas County Planning
Commission jointly held a public hearing on July 13, 2016 to consider the proposed
amendments.
18. Douglas County and East Wenatchee coordinate in long-range planning within the
Greater East Wenatchee Area. The Douglas County Regional Policy Plan, as
amended, established the protocol for amendments.
19. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated
as such by this reference
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CONCLUSIONS
1. It is the determination of the responsible lead agency that no more than a
moderate effect on the environment is a reasonable probability as a result of the
proposed action. The proper exercise of the threshold determination process as
required by WAC 197-11 is than an environmental impact statement is not
required to be prepared for this project. The processing of the proposal complies
with the procedural and substantive requirements of the State Environmental
Policy Act, chapter 43.21C RCW and chapter 18.06 EWMC.
2. The proposed text amendments are consistent with and implement the goals and
policies in the Greater East Wenatchee Area Comprehensive Plan and the
Douglas County Regional Policy Plan.
3. Proper legal requirements of RCW 36.70A.106 and EWMC Title 19 were met and
the community was given the opportunity to comment on the proposal at a duly
noticed public hearing.
4. The proposed EWMC text amendments are consistent with and implement the
goals and policies of RCW 36.70A the Growth Management Act.
5. The proposal will not be detrimental to the general public health, safety or
welfare.
6. Any Finding of Fact that is more correctly a Conclusion of Law is hereby
incorporated as such by this reference.
Exhibits (not included)
A. ZTA 2015-05 Density Standards
B. ZTA 2015-06 Miscellaneous Amendments
C. DNS and SEPA Checklist Density Standards
D. DNS and SEPA Checklist Density Standards
E. Written Comments received
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Planning/Forms/Density Worksheet 8-9-2016
CITY OF EAST WENATCHEE
COMMUNITY DEVELOPMENT DEPARTMENT
271 9th Street NE * East Wenatchee, WA 98802
Phone 509.884.5396 * Fax 509.886.6113
LBarnett@east-wenatchee.com
DENSITY WORKSHEET
1. Gross area of property in square feet (SQ FT): ____4,791,600___ SQ FT
2. Exclusions: Certain areas are excluded from the density calculation to determine the Net Buildable Area
a. Environmentally Constrained Land* and their buffers: _____0______ SQ FT
b. Any land with a slope of 15% or more: _____1,725,072______ SQ FT
c. Surface/stormwater retention areas: ____36,155_______ SQ FT
d. Public right of way, private street tracts or easements,
joint-use driveway easements (i.e. serving 3+ lots): 840,272_(ROW) + 28,013 (easements)SQ FT
e. Parks and open space to be dedicated or held in
common ownership: _______23,086____ SQ FT
f. Easements, tracts, areas set aside for above-ground
public utilities: _____43,996______ SQ FT
g. For mixed-use projects – land area designated for
nonresidential use: ______0_____ SQ FT
h. Total Excluded Area: Add Lines a-h: ___2,696,594______ SQ FT
3. Subtract Line 2 Total from Line 1: _____2,095,006____ SQ FT
4. Net Buildable Area: Divide Line 3 by 43,560 for Net Acreage: ______48.09_____ Acres
5. Number of dwelling units (DU) planned: _________234__ DU
6. Net Density - Divide Line 5 by Line 4: _____4.86______ DU/Acre
For the purposes of this calculation, fractional values must be rounded to the nearest whole number (0.5 and
above, round up; below 0.5, round down).
The table below shows the minimum density for each Zoning District. Line 6 should be equal to or greater than
the minimum density required for the District within which the property is located.
Zoning District Minimum Density
Residential Low Density – R-L 4 du/ac
Residential Medium Density - RM 6 du/ac
Residential High Density/Office, Waterfront Mixed Use - Uptown Waterfront
Mixed Use – North Bridge Mixed Use
8 du/ac
*Environmentally constrained lands include all Critical Areas as defined in EWMC 18.12.180(29) and the
applicable buffer and all land below the ordinary high water mark of all lakes, streams, and ponds. No required
setback areas are to be excluded from the net buildable area calculation.
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RockIsland Rd S Nile Ave5th St NE
N Kentucky Ave9th St NE BadgerMountainRd27th St NE
15th St NE
V
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M
a
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l
P
kw
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8th St NE11th St NE
Grant Rd
23rd St NE
10th St NE
Hig
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e
D
r
4th St SE
SR 28
3rd St NE
SR
2
8
5 NW Cascade Ave3rd St SE N Nile AveS
uns
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HwyNW Columbia Ave8th St SES Iowa Ave19th St NE
U S2/97US 2US 97 ALTEastmont AveNGroverAv
eNW Empire AveN Baker AveN Lyle AveS Kentucky AveFancherField Rd
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Legend
2016 Urban Growth Boundary
<all other values>
PARCELNUMB
22201230013
41100004005
<all other values>
PARCELNUMB
03800001201
40900005605
Residential Parcels for Analysis
Density
0 - 3.0
3.0 - 3.9
3.5 - 3.9
4.0 - 5.9
6.0 - 7.9
8 .0 - 11.9
12.0 - higher
Parcels Not included in Density Analysis
500.5 1 1.5 20.25 Miles
P a r c e l D e n s i t y i n U G A B o u n d a r y
P a r c e l D e n s i t y i n U G A B o u n d a r y
Map Disclamer: The information on this map was derived from digital databases on County and US Census Bureau websites. Care was taken in the creation of this map. SCJ Alliance cannot accept any responsibility for errors, omissions, or positional accuracy. There are no warranties, expressed or implied, including the warranty of merchantability or fitness for a particular purpose, accompanying this product. However, notification of any errors will be appreciated.
Average Gross Density
R-L District 3.4 DU/AC
R-M District 8.7 DU/AC
R-H District 7.2 DU/AC
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Existing Proposed Existing Proposed Existing Proposed
Single Family Lot Size Minimum 7,000 5,000 5,000 4,000 4,000 3,200
Attached SF Lot Size Minimum 4,000 3,500 3,000 No Change
Lot Width 70'50'60'50'50'40'
1 to 2
Story Bldgs
60'50'
3 to 4
Story Bldgs
Corner Lot Width 80'60'70'60'70'60'
Lot Depth 90'80'80'70'80'No Change
Lot Coverage 35%40%40%45%50%No Change
Side Yard Setback 7'5'7'5'7'5'
Plus .5' for each foot over 20'35'20'35'
Diagram of single-family home in Diagram of single-family home in
Residential Low Density District Residential Medium Density District
Using Proposed Lot Dimensions Using Proposed Lot Dimensions
Summary of Amendments to Residential Zoning District
Dimensional Standard Requirements
Residential HighResidential MediumResidential Low
Not applicable
Setback Lines Setback Lines
60'50'
20'15'FY 20'FY 15'
Garage Garage
400 sq. ft.400 sq. ft.
SY SY
SY SY 5'5' 80'
5'5' 85'House
House 1,200 sq. ft.
1,600 sq. ft.
RY 15'
RY 15'
Minimum Lot Size:4,000 sq. ft. 4,000 sq. ft.
Minimum Lot Size:5,000 sq. ft. 5,100 sq. ft.Minimum Width: 50'50'
Minimum Width: 50'60'Minimum Depth: 70'80'
Minimum Depth: 80'85'Maximum Lot Coverage:45% or 1,800 sq. f1,600 sq. ft.
Maximum Lot Coverage:40% or 2,000 sq. ft. 2,000 sq. ft.
including garage
As ShownRequired
Required As Shown
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City of East Wenatchee, Washington
Ordinance No. 2016-08
An Ordinance of the City of East Wenatchee amending the East Wenatchee
Municipal Code and adding a new Section 17.72.270 to establish minimum Density
Standards.
Una Ordenanza de la Ciudad de East Wenatchee modifica el Código Municipal East
Wenatchee y añadiendo una nueva Sección 17.72.270 establecer normas mínimas de
densidad.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta,
etc.), póngase en contacto con el vendedor de la ciudad al
alternatformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud,
etc.), please contact the City Clerk at alternateformat@east-wenatchee.com,
at (509) 884-9515, or at 711 (TTY).
2. Recitals.
2.1. The City of East Wenatchee (“City”) is a non-charter code City duly
incorporated and operating under the laws of the State of Washington; and
2.2. The City Council of East Wenatchee (“City Council”) finds that it is in the
best interests of the City and its citizens to adopt minimum density
standards.
2.3. The East Wenatchee Planning Commission and the Douglas County
Planning Commission held a duly advertised, public hearing on February 17,
2015, to consider proposed text amendments to the East Wenatchee
Municipal Code. Following the public hearing, the planning commissions
separately took action to recommend approval of the text amendments and
entered findings and conclusions into the record in support of their
recommendation. The vote of the Douglas County Planning Commission was
unanimously in favor (5-0). The vote of the East Wenatchee Planning
Commission was 4 in favor (Birks, Hill, Mott, Everett) and 1 (Nelson)
opposed.
2.4. On March 24, 2015, the City Council of East Wenatchee (“City Council”) and
Douglas County Board of County Commissioners held a public workshop to
review the record of the planning commissions’ public hearing and a public
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meeting to consider the planning commissions’ recommendation. The result
of that public meeting was to remand Ordinance 2015-11, the proposed
density provisions, back to the planning commission for further review
including: evaluating examples from Eastern Washington communities;
reducing the 12 dwelling units per acre in the multifamily designation;
clarifying the exemptions; and increasing the exclusions for development not
served by public sewer.
2.5. The proposed Density Standards were discussed and reviewed by the City
Planning Commission at public workshops on September 1, 2015, November
3, 2015, December 2, 2015, and June 8, 2016.
2.6. The proposed Density Standard were discussed and reviewed by the Douglas
County Planning Commission at public workshops on December 2, 2015 and
June 8, 2016.
2.7. The East Wenatchee Planning Commission and Douglas County Planning
Commission jointly held a public hearing on July 13, 2016 to consider the
proposed EWMC text amendments. The proposed amendments received a
recommendation of approval from the East Wenatchee Planning Commission
with a vote of four in favor (Birks, Hunter, Brawley, and Jessup) and two
opposed (Nikolas and Nelson) including a change to delete the text “with one
existing home” from section 17.72.270(D)(4) and to delay the effective date of
the ordinance for a period of six months following adoption. The proposed
amendments, as amended by the East Wenatchee Planning Commission
received a recommendation of approval from the Douglas County Planning
Commission with a vote of five in favor (Miller, Cavadini, Bollinger,
Machado, and Knowles) and one opposed (Davis).
3. Authority. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to
adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the
good government of the City.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS
FOLLOWS:
4. Purpose. The purpose of this ordinance is to implement the goals and policies of the
Greater East Wenatchee Area Comprehensive Plan by establishing a process to
transition or phase development at urban densities where a full range of urban
services are not yet available. It serves to establish an urban residential
development pattern over time by protecting land that is needed for urban
development when an urban level of service is made available.
5. Amendment. The City Council adds a new Section 17.72.270 Density Standards to
the East Wenatchee Municipal Code as set forth in Exhibit A to this Ordinance.
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6. Findings of Fact and Conclusions of Law. The City Council adopts the Recitals
stated above as well as the findings of fact and conclusion of law as set forth in
Exhibit B.
7. Severability. If a court of competent jurisdiction declares any provision in this
Ordinance to be contrary to law, such declaration shall not affect the validity of the
other provisions of this Ordinance.
8. Publication. The City Council directs the City Clerk to publish a summary of this
Ordinance. The summary shall consist of the title of this Ordinance. The City
Council directs the City Clerk to publish a copy of this Ordinance on the City’s
website.
9. Submittal of Notice of Adoption. In accordance with RCW 36.70A.106, this
Ordinance shall be transmitted by the Community Development Director to the
Washington State Department of Commerce within 10 days of adoption.
10. Effective Date. This Ordinance becomes effective five days after the date its
summary is published.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this
__________ day of ______________________________, 2017.
The City of East Wenatchee, Washington By _________________________________ Steven C. Lacy, Mayor Authenticated: _____________________________________ City Clerk Approved as to form only: _____________________________________ Devin Poulson, City Attorney Filed with the City Clerk: __________ Passed by the City Council: __________ Published: __________ Effective Date: __________
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City of East Wenatchee Ordinance 2016-08 Page 4 of 12
Summary of City of East Wenatchee, Washington Ordinance No. 2016-08 On the _____ day of _______________________________, 2017, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2016-08, the main point of which may be summarized by its title as follows:
An Ordinance of the City of East Wenatchee amending the East Wenatchee
Municipal Code and adding a new Section 17.72.270 to establish minimum Density
Standards.
Una Ordenanza de la Ciudad de East Wenatchee modifica el Código Municipal East
Wenatchee y añadiendo una nueva Sección 17.72.270 establecer normas mínimas de
densidad. The full text of this Ordinance is available at www.east-wenatchee.com. Dated this ______ day of ___________________________, 2017. _____________________________ City Clerk
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City of East Wenatchee Ordinance 2016-08 Page 5 of 12
Exhibit A
17.72.270 DENSITY STANDARDS A. Purpose.
1. To implement the goals and policies of the Greater East Wenatchee Area Comprehensive Plan by establishing urban densities to promote the efficient use of land.
2. Provide for an orderly, phased transition from rural to urban uses within urban growth area.
3. To establish a consistent and compatible land use pattern in residential neighborhoods within the urban growth area.
4. Ensure that development without a full range or urban services is at a density and in a configuration that enables cost effective in-fill development at urban densities when services become available.
5. Prevent conversion of land in the urban growth area to uses and/or densities that cannot be efficiently urbanized.
6. Require urban standards for developments within urban growth areas.
B. Applicability. All residential land divisions and residential developments must meet the Minimum Required Density Standard for the zoning district within which the proposal is located.
C. Minimum required density standard. Each residential zoning district specifically lists a maximum density in dwelling units per acre (du/ac). The table below lists the minimum densities required and the maximum density allowed for each residential zoning district.
Zoning District Minimum
Density
Maximum
Density
Residential Low Density – R-L 4 du/ac 8 du/ac
Residential Medium Density - RM 6 du/ac 15 du/ac
Residential High Density/Office 8 du/ac 24 du/ac
Waterfront Mixed Use - Uptown 8 du/ac 2:1 FAR
Waterfront Mixed Use – North Bridge 8 du/ac 1.5:1 FAR
Mixed Use 8 du/ac 1:1 FAR
D. Exceptions. Projects meeting any of the following exceptions are excluded from the required density as provided below:
1. In situations where lot size, shape, topography, or location would result in a land division that cannot possibly meet the density requirements, a reduction in required minimum density may be granted by the Administrator if all of the following criteria can be met:
a. The lot to be divided must have a total area not exceeding 32,670 sq. ft.;
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b. The reduction in density will not result in a density that is less than 75 percent of the minimum required density in the applicable zoning district;
c. The conditions unique to the site (size, shape, topography, etc.) are not the result of actions by the applicant; and
d. The proposed use must be allowed as a permitted use, accessory use, or conditional use in the district in which the property is located.
2. The construction of a new dwelling unit on an existing lot that was legally created prior to the effective date of this section. The applicant must demonstrate that the residence, infrastructure and other improvements are located in a manner that would not preclude future residential development of the property consistent with the applicable provisions of this section.
3. The renovation or conversion of existing dwelling units provided that the renovation or conversion does not reduce the number of dwelling units on the property.
4. The division of a lot that was legally created prior to the effective date of this section, being divided into no more than two lots. A note must be included on the recorded land division that future land divisions of the property must meet the minimum density requirements of this section.
5. New development where 60 percent or more of the new units provided would be affordable to households earning 50 percent or less of median income limits published by the U.S. Department of Housing and Urban Development (HUD) for the Wenatchee-East Wenatchee, WA Metropolitan Statistical Area (MSA).
E. Density calculation. The number of dwelling units that must be provided to comply with the minimum density standard is calculated by multiplying the acreage of the net buildable area of the site by the required density in dwelling units/acres:
1. Net Buildable Area Calculation. The net buildable area is calculated by subtracting areas where building is prohibited or subject to significant restrictions. The area remaining after these exclusions have been deducted from the gross site area represents the net buildable area. The following exclusions from the gross site area, and only these exclusions, may be used in determining the net buildable area:
a. Environmentally constrained land including the following lands identified in the Critical Area Regulations and the applicable buffer: erosion hazard areas, landslide hazard areas, wetlands, flood hazard areas, fish and wildlife conservation areas, and all land below the ordinary high water mark of all lakes, streams, and ponds. The required buffers associated with these critical areas are included in the definition of environmentally constrained land; however, no required setback areas are to be excluded from the net buildable area calculation.
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b. Any land with a slope of 15% or more.
c. Surface water retention areas that are dedicated or otherwise held in common shall also be excluded from the net buildable area.
d. Public rights-of-way, private streets, joint-use driveways serving more than two lots, and fire apparatus access roads.
e. Parks and open space that are dedicated or otherwise held in common.
f. Above-ground public facilities.
g. In mixed-use developments, land area designated for non-residential use may be excluded from the calculation.
h. In lieu of determining a site’s net buildable area, a builder/developer may elect to apply the minimum required density percentage to the gross area of the site instead of the net buildable area to determine the minimum required number of units.
2. The formula for determining a site’s minimum number of dwelling units necessary to comply with the minimum required density is illustrated below. For the purposes of this calculation, fractional values shall be rounded to the nearest whole number (0.5 and above, round up; below 0.5, round down). When rounding reduces the minimum number of units below the minimum density for that district, the number must be rounded up.
Formula:
Net buildable area in acres x Minimum required density = Minimum required dwelling units
Example:
Gross site area = 87,120 sq. ft. (2 acres)
Net buildable area = 65,340 sq. ft. (1.5 acres)
Minimum required density = 4 du/ac
Net buildable area in acres Minimum required density Minimum required dwelling units 1.5 x 4 = 6
F. Special provisions for land not served by public sanitary sewer and/or water.
Division of land in areas without public sanitary sewer and/or water must occur
in a manner that maintains long-term potential to achieve the minimum
required densities and the cost effective and efficient provision of sewer to the
property once public sewer service becomes available. For properties that are
more than 200 feet from a sanitary sewer system, on-site septic systems may be
permitted on an interim basis. Land division within urban growth areas using
on-site water supply and/or sewage disposal systems shall not inhibit
subsequent division and redevelopment at urban densities when public water
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and sewer systems become available. All such land division and development
shall comply with all of the following requirements:
1. Applicant shall submit an acceptable conceptual redevelopment plan that includes the following:
a. All initial and any proposed future lot lines, road locations, utility easements and any other public rights-of-way which delineate how urban densities designated for the zoning district within which the project is located can be met by further development of the property following the initial division and proposed development;
b. Identification and approximate location of any public facilities required to serve full development of the proposed project at the urban densities required when public water and sewer become available; and
2. No building or structure shall be located such that any building setback requirement would be violated at the time of redevelopment.
3. The applicant has signed a no protest contract, agreement or covenant with special district having jurisdictional authority to provide water and sewer services, to be recorded with the property, agreeing to annex if necessary and connect to said water and sewer when they become available, and waiving their right to object to any future water or sewer project benefiting the property.
4. The applicant has signed a no protest agreement or covenant with the county and/or any city, or special district having jurisdictional authority to provide said services to be recorded against the property, agreeing to dedicate any future public rights of way or utility easements identified in the approved redevelopment plan benefiting the property, under the terms established in this section or other applicable portions of East Wenatchee Municipal Code.
5. To meet the requirements of this section the applicant must utilize one of the following redevelopment plan options or an equivalent design strategy establishing a plan for future redevelopment of the property to meet the minimum density requirement:
a. Conversion redevelopment plan. A conversion plan must be submitted for the entire property which demonstrates that the property can be subsequently subdivided to create sufficient lots to achieve the minimum densities necessary to comply with EWMC 17.72.270(C). Such conversion plan shall depict a schematic lot layout, approximate location of utility easements, and potential street access and an internal circulation system consistent with city transportation policies. Conversion plans are not be required to be stamped by an engineer or surveyor, and may be included as part of a drawing or plan submitted for the land division application. Simultaneous with the filing of the conversion plan, the applicant will be
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required to record with the county auditor, in a form acceptable to the review authority and the Chelan Douglas Health District, a contract, agreement, or covenant document to be placed in the chain of title of the property giving constructive notice of the special density requirements relating to the property.
This conversion plan will not bind future phases of development of the site
to anything except the obligation to meet the overall density requirements
of the entire property. Acceptance of a conversion plan by the review
authority does not, by itself, constitute approval of, nor the granting of
vested rights to, a future phase of development.
(Note: The purpose of the conversion plan is to ensure that the entire property can be ultimately developed at the residential densities required for the zoning district, not to limit future development to a specified development scheme. Recognizing that some property subject to this requirement may not be redeveloped in the near future, the time and cost involved in preparing and obtaining approval of a conversion plan should be kept to a minimum.)
b. Reserved tract redevelopment plan. A reserved tract redevelopment plan submittal that includes all requirements sufficient for preliminary subdivision approval at required minimum densities for urban growth areas for that portion of the subject property proposed for initial development. The remaining portion of the subject property is designated as a reserved tract and complies with the other redevelopment plan requirements of this section. The applicant will be required to sign a contract, agreement, or covenant with the city or county and acceptable to the Chelan Douglas Health District, that is recorded with the Douglas County Auditor, which requires the present and any future owners of the reserved tract to guarantee rights of access and any other rights, necessary for the owners of the newly created lots in the project to maintain to a level satisfactory to the Health District, a community on-site water supply and/or sewage disposal system located within the reserve tract, until public water and sewer become available to the project and reserved tract.
c. Combined lots redevelopment plan. A combined lots redevelopment plan submittal that includes all requirements sufficient for preliminary subdivision approval at required minimum densities for the entire portion of the subject property. The applicant has signed a contract, agreement or covenant with the review authority and acceptable to the Chelan Douglas Health District, that is recorded with the county auditor, requiring each purchaser of a newly created lot to purchase and retain ownership of a designated adjoining lot within the project for use as an on-site sewage disposal system or reserve area until sanitary sewer service becomes available to the project.
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Exhibit B
FINDINGS OF FACT AND CONCLUSIONS OF LAW
FINDINGS OF FACT
1. The proposals under consideration are a joint city of East Wenatchee/Douglas County proposal to amend the East Wenatchee Municipal Code
a. Adding a new section EWMC 17.72.270 Density Standards to establish a minimum density standard for residential development within the residential and mixed-use zoning districts: providing for exceptions; describing a calculation process; and providing special provisions for properties not served by public sanitary sewer service
b. Miscellaneous amendments intended to provide more flexibility for design and development of residential projects to promote higher density in the urban area:
i. Amending Chapter 17.24 - Residential Low Density, Chapter 17.28 – Residential Medium Density and Chapter 17.32 – Residential High Density/Office District to reduce minimum lot dimensions, lot sizes and setbacks; increase building heights; clarify provisions relating to livestock and poultry.
ii. Amending Chapter 17.72 – General Provisions regarding accessory structures; projections into setbacks; lot size averaging provisions; reducing lots size minimums for accessory dwelling units; reducing lot frontage requirements; and reducing off-street parking for multi-family projects.
iii. Amending Chapter 17.08 – Definitions regarding lot lines, lot width, and lot types; adding new definitions and diagrams illustrating certain defined terms.
iv. Amending Chapter 17.38.070 - Neighborhood Commercial correcting inconsistencies and typographical errors.
2. The proposals will be applicable to properties within the city limits and in the unincorporated area within the urban growth area surrounding the city of East Wenatchee in Douglas County, Washington.
3. By this reference, the planning staff file of records, including the staff report, noticing documents and SEPA documents are entered into the record.
4. Douglas County and East Wenatchee have adopted a comprehensive plan in accordance with the provision of the Growth Management Act and RCW Chapter 36.70A.
5. RCW Chapters 36.70A authorize the adoption of and amendments to development regulations.
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City of East Wenatchee Ordinance 2016-08 Page 11 of 12
6. The planning commissions are responsible for long-range planning matters and providing implementation recommendations to assure compliance with the GMA.
7. Proposed minimum density provisions were approved by the East Wenatchee Planning Commission (4-1) and the Douglas County Planning Commission (5-0) at a duly advertised joint-public hearing held on February 17, 2015. Advance notices of the hearing were published in the Wenatchee World and mailed or e-mailed to interested parties.
8. The planning commissions’ recommendation of approval was transmitted to the East Wenatchee City Council and Douglas County Board of Commissioners at a joint-public meeting held on March 24, 2015. Ordinance 2015-11 – Density Standards was not approved by either body and was remanded to the planning commission for further review and consideration.
9. Density Standard. A threshold determination and environmental review pursuant to RCW 43.21C the State Environmental Policy Act was completed and a Determination of Non-significance including a comment period was issued on January 23, 2015. The comment period for the Determination of Non-significance expired on February 9, 2015. The changes made to the proposed amendments since that determination did not materially change the effect of the proposal on the environment. It is the determination of the lead agency that the original DNS remains appropriate.
10. Miscellaneous Amendments. A Determination of Non-significance DNS was issued on April 22, 2016 in accordance with the provisions RCW 43.21C the State Environmental Policy Act. The comment period deadline ended on May 12, 2016. No comments were received
11. A Notice of Proposed Amendment and Request for Expedited Review was submitted to Commerce for both proposals on March 30, 2016. The Density Standard was assigned a Material ID # 22242. The Miscellaneous Amendments were assigned a Material ID # 22241. Expedited Review was granted on April 18, 2016.
12. The notice of intent to adopt amendments to the comprehensive plan and development regulations was submitted to Douglas County, City of Wenatchee, and Chelan County on April 20, 2016 requesting comments by May 14, 2016. No comments were received.
13. The proposed zoning text amendments related to Density Standards were discussed and reviewed by the City Planning Commission at public workshops on September 1, 2015, and November 3, 2015, December 2, 2015, and June 8, 2016. Advance notices of those public workshops were e-mailed to interested parties.
14. The proposed Miscellaneous Zoning Text Amendments were discussed and reviewed by the City Planning Commission at public workshops on November 3, 2013, December 2, 2015, and June 8, 2016. Advance notices of those public workshops were e-mailed to interested parties.
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City of East Wenatchee Ordinance 2016-08 Page 12 of 12
15. The proposed Density Standard and Miscellaneous Zoning Text Amendments were discussed and reviewed by the Douglas County Planning Commission at public workshops on December 2, 2015 and June 8, 2016.
16. A public notice for the July 13, 2016 hearing was advertised in the Wenatchee World and Empire Press on June 28, 2016.
17. The East Wenatchee Planning Commission and Douglas County Planning Commission jointly held a public hearing on July 13, 2016 to consider the proposed amendments.
18. Douglas County and East Wenatchee coordinate in long-range planning within the Greater East Wenatchee Area. The Douglas County Regional Policy Plan, as amended, established the protocol for amendments.
19. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference
CONCLUSIONS
1. It is the determination of the responsible lead agency that no more than a moderate effect on the environment is a reasonable probability as a result of the proposed action. The proper exercise of the threshold determination process as required by WAC 197-11 is than an environmental impact statement is not required to be prepared for this project. The processing of the proposal complies with the procedural and substantive requirements of the State Environmental Policy Act, chapter 43.21C RCW and chapter 18.06 EWMC.
2. The proposed text amendments are consistent with and implement the goals and policies in the Greater East Wenatchee Area Comprehensive Plan and the Douglas County Regional Policy Plan.
3. Proper legal requirements of RCW 36.70A.106 and EWMC Title 19 were met and the community was given the opportunity to comment on the proposal at a duly noticed public hearing.
4. The proposed EWMC text amendments are consistent with and implement the goals and policies of RCW 36.70A the Growth Management Act.
5. The proposal will not be detrimental to the general public health, safety or welfare.
6. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference.
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City of East Wenatchee, Washington
Ordinance No. 2016-09
An Ordinance of the City of East Wenatchee amending the East Wenatchee
Municipal Code Chapter 17.24 Residential Low Density District to reduce minimum
lot area, lot dimensions, and setbacks; and increase lot coverage.
Una Ordenanza de la Ciudad de East Wenatchee se modifica el Wenatchee del
Código Municipal Capítulo 17.24 Zona residencial de baja densidad para reducir el
área de lote mínimo, las dimensiones de lote, y retrocesos; y aumentar la cobertura
mucho.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta,
etc.), póngase en contacto con el vendedor de la ciudad al
alternatformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud,
etc.), please contact the City Clerk at alternateformat@east-wenatchee.com,
at (509) 884-9515, or at 711 (TTY).
2. Recitals.
2.1. The City of East Wenatchee (“City”) is a non-charter code City duly
incorporated and operating under the laws of the State of Washington; and
2.2. The City Council of East Wenatchee (“City Council”) finds that it is in the
best interests of the City and its citizens to adopt the proposed amendments
to the East Wenatchee Municipal Code.
2.3. The East Wenatchee Planning Commission and Douglas County Planning
Commission jointly held a public hearing on July 13, 2016 to consider the
proposed EWMC text amendments for Chapter 17.24. The proposed
amendments received a recommendation of approval from the East
Wenatchee Planning Commission with a unanimous vote in favor (Birks,
Hunter, Brawley, Nikolas, Nelson and Jessup). The proposed amendments
received a recommendation of approval from the Douglas County Planning
Commission with a vote of five in favor (Miller, Cavadini, Bollinger,
Machado, and Knowles) and one opposed (Davis).
3. Authority. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to
adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the
good government of the City.
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THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS
FOLLOWS:
4. Purpose. The purpose of this ordinance is to implement the goals and policies of the
Greater East Wenatchee Area Comprehensive Plan by providing greater flexibility
for design of residential developments to encourage urban densities.
5. Amendment. The City Council amends Chapter 17.24 Residential Low Density
District to the East Wenatchee Municipal Code as set forth in Exhibit A to this
Ordinance.
6. Findings of Fact and Conclusions of Law. The City Council adopts the Recitals
stated above as well as the findings of fact and conclusion of law as set forth in
Exhibit B.
7. Severability. If a court of competent jurisdiction declares any provision in this
Ordinance to be contrary to law, such declaration shall not affect the validity of the
other provisions of this Ordinance.
8. Publication. The City Council directs the City Clerk to publish a summary of this
Ordinance. The summary shall consist of the title of this Ordinance. The City
Council directs the City Clerk to publish a copy of this Ordinance on the City’s
website.
9. Submittal of Notice of Adoption. In accordance with RCW 36.70A.106, this
Ordinance shall be transmitted by the Community Development Director to the
Washington State Department of Commerce within 10 days of adoption.
10. Effective Date. This Ordinance becomes effective five days after the date its
summary is published.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this
__________ day of ______________________________, 2017.
The City of East Wenatchee, Washington By _________________________________ Steven C. Lacy, Mayor Authenticated: _____________________________________ City Clerk
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City of East Wenatchee Ordinance 2016-09 Page 3 of 12
Approved as to form only: _____________________________________ Devin Poulson, City Attorney Filed with the City Clerk: __________ Passed by the City Council: __________ Published: __________ Effective Date: __________
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City of East Wenatchee Ordinance 2016-09 Page 4 of 12
Summary of City of East Wenatchee, Washington Ordinance No. 2016-09 On the _____ day of _______________________________, 2017, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2016-09, the main point of which may be summarized by its title as follows:
An Ordinance of the City of East Wenatchee amending the East Wenatchee
Municipal Code Chapter 17.24 Residential Low Density District to reduce minimum
lot area, lot dimensions, and setbacks; and increase lot coverage.
Una Ordenanza de la Ciudad de East Wenatchee se modifica el Wenatchee del
Código Municipal Capítulo 17.24 Zona residencial de baja densidad para reducir el
área de lote mínimo, las dimensiones de lote, y retrocesos; y aumentar la cobertura
mucho.
The full text of this Ordinance is available at www.east-wenatchee.com. Dated this ______ day of ___________________________, 2017. _____________________________ City Clerk
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City of East Wenatchee Ordinance 2016-09 Page 5 of 12
Exhibit A
Chapter 17.24 R-L RESIDENTIAL LOW DENSITY DISTRICT
Sections: 17.24.010 Purpose. 17.24.020 Permitted uses. 17.24.030 Accessory uses. 17.24.040 Conditional uses. 17.24.045 Prohibited uses. 17.24.050 Dimensional standards. 17.24.060 Off-street parking requirements. 17.24.070 Landscaping requirements. 17.24.090 Design standards and guidelines.
17.24.010 Purpose.
The R-L residential low density district is a land use classification primarily suited for single-family residential living. Uses are limited to residential uses and under certain conditions public and service uses which by their nature as support services or facilities are necessarily better served by locating within the residential sector. (Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
17.24.020 Permitted uses.
The following uses shall be permitted uses in the R-L district:
A. Single-family dwellings including modular and manufactured housing constructed in accordance with the design requirements set forth in Chapter 15.38 EWMC, but not to exceed one dwelling on any one lot unless otherwise permitted by this title;
B. Temporary construction offices within the tract or subdivision on which buildings are being erected, and only for the duration of active construction;
C. Residential planned unit developments approved pursuant to Chapter 17.68 EWMC and the applicable sections of the Greater Wenatchee Urban Area Design Standards and Guidelines which are adopted by this reference as if fully set forth herein;
D. Adult family homes licensed by the Washington State Department of Social and Health Services and meeting the definition in EWMC 17.08.055;
E. Bus passenger amenities meeting the requirements of EWMC 17.72.185;
F. Agricultural uses of a horticultural nature such as vegetable gardens, fruit and nut trees, grape vines, and other horticultural stock;
G. Duplex dwellings; provided, the property is immediately adjacent to a commercial zoning district (i.e., shares a common lot line or is directly across a public street from) and has sufficient land area to provide 8,000 square feet of land
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City of East Wenatchee Ordinance 2016-09 Page 6 of 12
area per duplex structure in addition to the land area required for any other dwellings existing on the same property. (Ord. 07-05 § 4, 2007; Ord. 05-07 § 1, 2005; Ord. 01-03 § 1, 2001; Ord. 98-3 § 2, 1998; Ord. 94-2 § 1, 1994; Ord. 91-5 § 2, 1991)
17.24.030 Accessory uses.
Subject to the dimensional standards set forth in EWMC 17.24.050, the following uses shall be accessory uses in the R-L district:
A. Attached or detached accessory buildings and structures clearly incidental to the residential use of the lot, such as the storage of personal property, including private garages;
B. Family day care home as defined in EWMC 17.08.155(B);
C. Not more than a total of eight cars, trucks, or recreational vehicles per dwelling may be parked outside of a building on any lot. Said vehicles shall be parked to the rear of the front yard setback line, except when parked in the driveway. For purposes of this section, “recreational vehicles” shall mean any travel trailers, truck campers, tent trailers, motor homes, snowmobiles, boats or jet skis, utility trailers for hauling materials or recreational vehicles, and similar equipment;
D. Fences as provided for in EWMC 17.72.160;
E. Covered Patios.
1. A freestanding covered patio must meet the standards of this title. If the cover over the patio is attached to a dwelling or within six feet of the dwelling it is to be considered as part of that dwelling for the purposes of determining the setback for the dwelling;
2. Height limit: 10 feet for a detached structure with a flat roof; provided, however, that a fireplace flue may extend beyond the maximum height limit to a height of not over 13 feet; in all other cases the roof height shall not exceed the provisions of EWMC 17.24.050(D);
3. Area limit: Must not exceed the provisions of EWMC 17.24.050(E);
F. Swimming Pools.
1. All pools must be located behind the front yard setback line and maintain at least a five-foot setback from all side and rear property lines;
2. All pools and the yard or area around them must be enclosed by a fence/barrier of not less than 48 inches in height meeting the requirements established in the Uniform Building Code for Barriers for Swimming Pools, Spas and Hot Tubs, as the same now exists or may be amended as adopted in Chapter 15.04 EWMC and the following general provisions:
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a. Such fence/barrier shall be constructed and maintained as to prevent, within reason, any person from gaining access beneath, over, or through said fence/barrier;
b. Gates or doors to the pool area shall be of the same height as the fence/barrier and substantial in construction;
c. All gates or doors shall be equipped with self-closing mechanisms and devices for locking, and shall be kept locked at all times the pool is unguarded, unattended or not in use;
G. Large satellite dish, amateur radio tower, or attached wireless communication facility subject to the provisions of Chapter 17.70 EWMC, as the same now exists or may hereafter be amended;
H. Accessory dwelling units pursuant to the provisions of EWMC 17.72.190, as the same exists now or may hereafter be amended;
I. The keeping and raising of farm animals, livestock and poultry, as specified in EWMC 17.72.200; provided, that no commercial structure shall be constructed or maintained on the premises;
J. Home occupations as specified in Chapter 17.66 EWMC. (Ord. 13-04 § 6, 2013; Ord. 13-03 § 4, 2013; Ord. 07-05 § 4, 2007; Ord. 05-07 § 3, 2005; Ord. 02-22 § 12, 2002; Ord. 01-03 § 1, 2001; Ord. 2000-02 § 4, 2000; Ord. 91-5 § 2, 1991)
17.24.040 Conditional uses.
The following uses shall be conditional uses in the R-L district under conditions set forth in Chapter 17.64 EWMC:
A. Public schools and private schools;
B. Public parks and playgrounds;
C. Churches;
D. Municipal buildings;
E. Public facilities and utilities;
F. Neighborhood centers;
G. Child day care centers – Group 1 facilities only as defined in EWMC 17.08.155(A)(1);
H. Bed and breakfast facilities. (Ord. 13-04 § 7, 2013; Ord. 07-05 § 4, 2007; Ord. 05-07 § 6, 2005; Ord. 01-03 § 1, 2001; Ord. 2000-02 § 5, 2000; Ord. 91-5 § 2, 1991)
17.24.045 Prohibited uses.
All uses not listed above as permitted uses, accessory uses, or conditional uses shall be prohibited uses. Upon application to the board of adjustment, the board may rule that a use not specifically named in the permitted uses of a district shall be included among the allowed uses if the use is of the same general type and is similar to the permitted uses; however, this section does not authorize the inclusion
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of a use in a district where it is not listed when the use is specifically listed in another district. (Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001)
17.24.050 Dimensional standards.
The following are dimensional standards in the R-L district:
A. Minimum lot area: 7,000 5,000 square feet, except as provided in EWMC 17.72.020(D);
B. Minimum width of lot at building line: 70 50 feet. Corner lots shall have a minimum width at the building line of 80 60 feet, except as provided in EWMC 17.72.020(D);
C. Minimum lot depth: 90 80 feet;
D. Maximum building height: 35 feet;
E. Maximum land coverage: 35 40 percent for all buildings;
F. Minimum setback distances, except as provided in EWMC 17.72.040(B), (C), (D), (F) and (H):
1. Front yard: 15 to 20 feet, provided any garage or carport with vehicle entrances facing a street shall be set back at least 20 feet from the front lot lineall garages shall be constructed a minimum of 20 feet behind the front lot line;
2. Rear yard: 15 feet;
3. Side yard: seven 5 feet.
Buildings on corner lots shall observe the minimum front yard setback on both streets and shall provide at least one rear yard setback. (See illustration below)
Corner Lot Interior Lot
20' 15'FY 20' 15'FY
Garage Garage
S
T
R
E 15'SY SY SY
E FY 5' 5'5'
T House House
RY 15'RY 15'
STREET
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(Ord. 08-09 § 3 Exh. A-1(2), 2008; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
17.24.060 Off-street parking requirements.
Off-street parking requirements for the R-L district shall conform to the provisions in Chapter 17.72 EWMC, as the same exists now or may hereafter be amended. All required parking shall be located to the rear of the front yard setback. (Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
17.24.070 Landscaping requirements.
All developments in this district shall be subject to the landscaping requirements in Chapter 17.72 EWMC, as the same exists now or may hereafter be amended. (Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001)
17.24.090 Design standards and guidelines.
Development within this district shall comply with the applicable sections of the Greater East Wenatchee Urban Growth Area Design Standards and Guidelines which are adopted by this reference as if fully set forth herein. (Ord. 07-05 § 4, 2007)
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Exhibit B
FINDINGS OF FACT AND CONCLUSIONS OF LAW
FINDINGS OF FACT
1. The proposals under consideration are a joint city of East Wenatchee/Douglas County proposal to amend the East Wenatchee Municipal Code
a. Adding a new section EWMC 17.72.270 Density Standards to establish a minimum density standard for residential development within the residential and mixed-use zoning districts: providing for exceptions; describing a calculation process; and providing special provisions for properties not served by public sanitary sewer service
b. Miscellaneous amendments intended to provide more flexibility for design and development of residential projects to promote higher density in the urban area:
i. Amending Chapter 17.24 - Residential Low Density, Chapter 17.28 – Residential Medium Density and Chapter 17.32 – Residential High Density/Office District to reduce minimum lot dimensions, lot sizes and setbacks; increase building heights; clarify provisions relating to livestock and poultry.
ii. Amending Chapter 17.72 – General Provisions regarding accessory structures; projections into setbacks; lot size averaging provisions; reducing lots size minimums for accessory dwelling units; reducing lot frontage requirements; and reducing off-street parking for multi-family projects.
iii. Amending Chapter 17.08 – Definitions regarding lot lines, lot width, and lot types; adding new definitions and diagrams illustrating certain defined terms.
iv. Amending Chapter 17.38.070 - Neighborhood Commercial correcting inconsistencies and typographical errors.
2. The proposals will be applicable to properties within the city limits and in the unincorporated area within the urban growth area surrounding the city of East Wenatchee in Douglas County, Washington.
3. By this reference, the planning staff file of records, including the staff report, noticing documents and SEPA documents are entered into the record.
4. Douglas County and East Wenatchee have adopted a comprehensive plan in accordance with the provision of the Growth Management Act and RCW Chapter 36.70A.
5. RCW Chapters 36.70A authorize the adoption of and amendments to development regulations.
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6. The planning commissions are responsible for long-range planning matters and providing implementation recommendations to assure compliance with the GMA.
7. Proposed minimum density provisions were approved by the East Wenatchee Planning Commission (4-1) and the Douglas County Planning Commission (5-0) at a duly advertised joint-public hearing held on February 17, 2015. Advance notices of the hearing were published in the Wenatchee World and mailed or e-mailed to interested parties.
8. The planning commissions’ recommendation of approval was transmitted to the East Wenatchee City Council and Douglas County Board of Commissioners at a joint-public meeting held on March 24, 2015. Ordinance 2015-11 – Density Standards was not approved by either body and was remanded to the planning commission for further review and consideration.
9. Density Standard. A threshold determination and environmental review pursuant to RCW 43.21C the State Environmental Policy Act was completed and a Determination of Non-significance including a comment period was issued on January 23, 2015. The comment period for the Determination of Non-significance expired on February 9, 2015. The changes made to the proposed amendments since that determination did not materially change the effect of the proposal on the environment. It is the determination of the lead agency that the original DNS remains appropriate.
10. Miscellaneous Amendments. A Determination of Non-significance DNS was issued on April 22, 2016 in accordance with the provisions RCW 43.21C the State Environmental Policy Act. The comment period deadline ended on May 12, 2016. No comments were received
11. A Notice of Proposed Amendment and Request for Expedited Review was submitted to Commerce for both proposals on March 30, 2016. The Density Standard was assigned a Material ID # 22242. The Miscellaneous Amendments were assigned a Material ID # 22241. Expedited Review was granted on April 18, 2016.
12. The notice of intent to adopt amendments to the comprehensive plan and development regulations was submitted to Douglas County, City of Wenatchee, and Chelan County on April 20, 2016 requesting comments by May 14, 2016. No comments were received.
13. The proposed zoning text amendments related to Density Standards were discussed and reviewed by the City Planning Commission at public workshops on September 1, 2015, and November 3, 2015, December 2, 2015, and June 8, 2016. Advance notices of those public workshops were e-mailed to interested parties.
14. The proposed Miscellaneous Zoning Text Amendments were discussed and reviewed by the City Planning Commission at public workshops on November 3, 2013, December 2, 2015, and June 8, 2016. Advance notices of those public workshops were e-mailed to interested parties.
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15. The proposed Density Standard and Miscellaneous Zoning Text Amendments were discussed and reviewed by the Douglas County Planning Commission at public workshops on December 2, 2015 and June 8, 2016.
16. A public notice for the July 13, 2016 hearing was advertised in the Wenatchee World and Empire Press on June 28, 2016.
17. The East Wenatchee Planning Commission and Douglas County Planning Commission jointly held a public hearing on July 13, 2016 to consider the proposed amendments.
18. Proposed amendments to the East Wenatchee Municipal Code were recommended for approval in two motions by the East Wenatchee Planning Commission (4-2) and (6-0) and by the Douglas County Planning Commission (5-1) at a duly advertised joint-public hearing held on July 13, 2016. Advance notices of the hearing was published in the Wenatchee World and mailed or e-mailed to interested parties.
19. Douglas County and East Wenatchee coordinate in long-range planning within the Greater East Wenatchee Area. The Douglas County Regional Policy Plan, as amended, established the protocol for amendments.
20. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference
CONCLUSIONS
1. It is the determination of the responsible lead agency that no more than a moderate effect on the environment is a reasonable probability as a result of the proposed action. The proper exercise of the threshold determination process as required by WAC 197-11 is than an environmental impact statement is not required to be prepared for this project. The processing of the proposal complies with the procedural and substantive requirements of the State Environmental Policy Act, chapter 43.21C RCW and chapter 18.06 EWMC.
2. The proposed text amendments are consistent with and implement the goals and policies in the Greater East Wenatchee Area Comprehensive Plan and the Douglas County Regional Policy Plan.
3. Proper legal requirements of RCW 36.70A.106 and EWMC Title 19 were met and the community was given the opportunity to comment on the proposal at a duly noticed public hearing.
4. The proposed EWMC text amendments are consistent with and implement the goals and policies of RCW 36.70A the Growth Management Act.
5. The proposal will not be detrimental to the general public health, safety or welfare.
6. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference.
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City of East Wenatchee, Washington
Ordinance No. 2016-10
An Ordinance of the City of East Wenatchee amending the East Wenatchee
Municipal Code Chapter 17.28 Residential Medium Density District to clarify land
uses, reduce minimum lot area, lot dimensions, and setbacks; and to increase lot
coverage.
Una Ordenanza de la Ciudad de East Wenatchee se modifica el Wenatchee del
Código Municipal Capítulo 17.28 Zona residencial de densidad media para aclarar
los usos del suelo, reducir el área de lote mínimo, las dimensiones de lote, y
retrocesos; y aumentar la cobertura de muchos.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta,
etc.), póngase en contacto con el vendedor de la ciudad al
alternatformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud,
etc.), please contact the City Clerk at alternateformat@east-wenatchee.com,
at (509) 884-9515, or at 711 (TTY).
2. Recitals.
2.1. The City of East Wenatchee (“City”) is a non-charter code City duly
incorporated and operating under the laws of the State of Washington; and
2.2. The City Council of East Wenatchee (“City Council”) finds that it is in the
best interests of the City and its citizens to adopt the proposed amendments
to the East Wenatchee Municipal Code.
2.3. The East Wenatchee Planning Commission and Douglas County Planning
Commission jointly held a public hearing on July 13, 2016 to consider the
proposed EWMC text amendments for Chapter 17.24. The proposed
amendments received a recommendation of approval from the East
Wenatchee Planning Commission with a unanimous vote in favor (Birks,
Hunter, Brawley, Nikolas, Nelson and Jessup). The proposed amendments
received a recommendation of approval from the Douglas County Planning
Commission with a vote of five in favor (Miller, Cavadini, Bollinger,
Machado, and Knowles) and one opposed (Davis).
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City of East Wenatchee Ordinance 2016-10 Page 2 of 10
3. Authority. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to
adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the
good government of the City.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS
FOLLOWS:
4. Purpose. The purpose of this ordinance is to implement the goals and policies of the
Greater East Wenatchee Area Comprehensive Plan by providing greater flexibility
for design of residential developments to encourage urban densities.
5. Amendment. The City Council amends Chapter 17.28 Residential Medium Density
District to the East Wenatchee Municipal Code as set forth in Exhibit A to this
Ordinance.
6. Findings of Fact and Conclusions of Law. The City Council adopts the Recitals
stated above as well as the findings of fact and conclusion of law as set forth in
Exhibit B.
7. Severability. If a court of competent jurisdiction declares any provision in this
Ordinance to be contrary to law, such declaration shall not affect the validity of the
other provisions of this Ordinance.
8. Publication. The City Council directs the City Clerk to publish a summary of this
Ordinance. The summary shall consist of the title of this Ordinance. The City
Council directs the City Clerk to publish a copy of this Ordinance on the City’s
website.
9. Submittal of Notice of Adoption. In accordance with RCW 36.70A.106, this
Ordinance shall be transmitted by the Community Development Director to the
Washington State Department of Commerce within 10 days of adoption.
10. Effective Date. This Ordinance becomes effective five days after the date its
summary is published.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this
__________ day of ______________________________, 2017.
The City of East Wenatchee, Washington By _________________________________ Steven C. Lacy, Mayor
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City of East Wenatchee Ordinance 2016-10 Page 3 of 10
Authenticated: _____________________________________ City Clerk Approved as to form only: _____________________________________ Devin Poulson, City Attorney Filed with the City Clerk: __________ Passed by the City Council: __________ Published: __________ Effective Date: __________
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City of East Wenatchee Ordinance 2016-10 Page 4 of 10
Summary of City of East Wenatchee, Washington Ordinance No. 2016-10 On the _____ day of _______________________________, 2017, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2016-10, the main point of which may be summarized by its title as follows:
An Ordinance of the City of East Wenatchee amending the East Wenatchee
Municipal Code Chapter 17.28 Residential Medium Density District to clarify land
uses, reduce minimum lot area, lot dimensions, and setbacks; and to increase lot
coverage.
Una Ordenanza de la Ciudad de East Wenatchee se modifica el Wenatchee del
Código Municipal Capítulo 17.28 Zona residencial de densidad media para aclarar
los usos del suelo, reducir el área de lote mínimo, las dimensiones de lote, y
retrocesos; y aumentar la cobertura de muchos. The full text of this Ordinance is available at www.east-wenatchee.com. Dated this ______ day of ___________________________, 2017. _____________________________ City Clerk
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City of East Wenatchee Ordinance 2016-10 Page 5 of 10
Exhibit A
Chapter 17.28 R-M RESIDENTIAL MEDIUM DENSITY DISTRICT
Sections: 17.28.010 Purpose. 17.28.020 Permitted uses. 17.28.030 Accessory uses. 17.28.040 Conditional uses. 17.28.045 Prohibited uses. 17.28.050 Dimensional standards. 17.28.060 Off-street parking requirements. 17.28.070 Landscaping requirements. 17.28.080 Site plan review. 17.28.090 Design standards and guidelines.
17.28.010 Purpose.
The R-M residential medium density district is a land use classification suitable for residential uses with a variety of housing types, forms and densities to provide a greater degree of flexibility of design as an alternative to conventional single-family detached development. Uses are limited to residential uses and under certain conditions public and private service uses which are required to service residential uses in residential areas. (Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
17.28.020 Permitted uses.
The following uses shall be permitted uses in the R-M district:
A. Any permitted use allowed in the R-L district with the exception of agricultural uses;
B. Apartments, duplexes, assisted living facilities, and other multifamily dwelling units up to 15 dwelling units per acre;
C. Residential planned unit developments approved pursuant to Chapter 17.68 EWMC. (Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
17.28.030 Accessory uses.
Subject to the dimensional standards set forth in EWMC 17.28.050, the following uses shall be accessory uses in the R-M district:
A. All accessory uses allowed in the R-L district under conditions applicable to the R-L district as set forth in EWMC 17.24.030, except the keeping and raising of livestock and poultry. (Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 2000-02 § 6, 2000; Ord. 94-14 § 1, 1994; Ord. 91-5 § 2, 1991)
17.28.040 Conditional uses.
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City of East Wenatchee Ordinance 2016-10 Page 6 of 10
The following uses shall be conditional uses in the R-M district under conditions set forth in Chapter 17.64 EWMC:
A. Churches;
B. Hospitals;
C. Child day care centers – Group 1 facilities only as defined in EWMC 17.08.155(A)(1);
D. Municipal buildings;
E. Public facilities and utilities;
F. Bed and breakfasts or boardinghouses;
G. Neighborhood centers;
H. Public schools and private schools;
I. Public parks and playgrounds;
J. Manufactured home parks. (Ord. 13-04 § 8, 2013; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
17.28.045 Prohibited uses.
All uses not listed above as permitted uses, accessory uses, or conditional uses shall be prohibited uses. Upon application to the board of adjustment, the board may rule that a use not specifically named in the permitted uses of a district shall be included among the allowed uses if the use is of the same general type and is similar to the permitted uses; however, this section does not authorize the inclusion of a use in a district where it is not listed when the use is specifically listed in another district. (Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001)
17.28.050 Dimensional standards.
The following are dimensional standards in the R-M district:
A. Minimum lot area:
1. Five thousand 4,000 square feet for single-family dwellings, or 4,000 3,500 square feet for attached single-family dwellings;
2. Six thousand 6,000 square feet for two-family dwellings;
3. Six thousand 6,000 square feet for the first two dwellings plus 2,900 square feet per each additional dwelling unit for a multifamily dwelling structures up to a maximum density of 15 dwelling units per acre;
B. Minimum width of lot at building line: 60 50 feet. Corner lots shall have a minimum width at the building line of 70 60 feet;
C. Minimum lot depth: 80 70 feet. Corner lots shall have a minimum depth of 70 feet;
D. Maximum building height: 50 feet;
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City of East Wenatchee Ordinance 2016-10 Page 7 of 10
E. Maximum land coverage: 40 45 percent for all buildings;
F. Minimum setback distances: except as provided in EWMC 17.72.040(B), (C), (D), (F) and (H):
1. Front yard: 15 to 20 feet, provided any garage or carport with vehicle entrances facing a street shall be set back at least 20 feet from the front lot line all garages shall be constructed a minimum of 20 feet behind the front lot line;
2. Rear yard: 15 feet;
3. Side yard: seven 5 feet plus one-half foot for each foot by which the building height exceeds 20 35 feet. To comply with the increased setback requirement for buildings over 35 feet, the building may be designed with the first floor at 5 feet and the upper floors stepped back to meet the increased setback requirement.
Buildings on corner lots shall observe the minimum front yard setback on both streets and shall provide at least one rear yard setback. (Ord. 08-09 § 3 Exh. A-1(3), 2008; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 2000-02 § 7, 2000; Ord. 91-5 § 2, 1991)
17.28.060 Off-street parking requirements.
The off-street parking requirements shall be as set forth in EWMC 17.72.010, as the same exists now or may hereafter be amended. (Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
17.28.070 Landscaping requirements.
All developments in this district shall be subject to the landscaping requirements in Chapter 17.72 EWMC, as the same exists now or may hereafter be amended. (Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001)
17.28.080 Site plan review.
Site plan review and approval pursuant to Chapter 17.80 EWMC shall be required prior to the use of land for the location of multiple dwelling units. (Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001)
17.28.090 Design standards and guidelines.
Development within this district shall comply with the applicable sections of the Greater East Wenatchee Urban Growth Area Design Standards and Guidelines which are adopted by this reference as if fully set forth herein. (Ord. 07-05 § 4, 2007)
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City of East Wenatchee Ordinance 2016-10 Page 8 of 10
Exhibit B
FINDINGS OF FACT AND CONCLUSIONS OF LAW
FINDINGS OF FACT 1. The proposals under consideration are a joint city of East Wenatchee/Douglas County proposal to amend the East Wenatchee Municipal Code
a. Adding a new section EWMC 17.72.270 Density Standards to establish a minimum density standard for residential development within the residential and mixed-use zoning districts: providing for exceptions; describing a calculation process; and providing special provisions for properties not served by public sanitary sewer service
b. Miscellaneous amendments intended to provide more flexibility for design and development of residential projects to promote higher density in the urban area:
i. Amending Chapter 17.24 - Residential Low Density, Chapter 17.28 – Residential Medium Density and Chapter 17.32 – Residential High Density/Office District to reduce minimum lot dimensions, lot sizes and setbacks; increase building heights; clarify provisions relating to livestock and poultry.
ii. Amending Chapter 17.72 – General Provisions regarding accessory structures; projections into setbacks; lot size averaging provisions; reducing lots size minimums for accessory dwelling units; reducing lot frontage requirements; and reducing off-street parking for multi-family projects.
iii. Amending Chapter 17.08 – Definitions regarding lot lines, lot width, and lot types; adding new definitions and diagrams illustrating certain defined terms.
iv. Amending Chapter 17.38.070 - Neighborhood Commercial correcting inconsistencies and typographical errors.
2. The proposals will be applicable to properties within the city limits and in the unincorporated area within the urban growth area surrounding the city of East Wenatchee in Douglas County, Washington.
3. By this reference, the planning staff file of records, including the staff report, noticing documents and SEPA documents are entered into the record.
4. Douglas County and East Wenatchee have adopted a comprehensive plan in accordance with the provision of the Growth Management Act and RCW Chapter 36.70A.
5. RCW Chapters 36.70A authorize the adoption of and amendments to development regulations.
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City of East Wenatchee Ordinance 2016-10 Page 9 of 10
6. The planning commissions are responsible for long-range planning matters and providing implementation recommendations to assure compliance with the GMA.
7. Proposed minimum density provisions were approved by the East Wenatchee Planning Commission (4-1) and the Douglas County Planning Commission (5-0) at a duly advertised joint-public hearing held on February 17, 2015. Advance notices of the hearing were published in the Wenatchee World and mailed or e-mailed to interested parties.
8. The planning commissions’ recommendation of approval was transmitted to the East Wenatchee City Council and Douglas County Board of Commissioners at a joint-public meeting held on March 24, 2015. Ordinance 2015-11 – Density Standards was not approved by either body and was remanded to the planning commission for further review and consideration.
9. Density Standard. A threshold determination and environmental review pursuant to RCW 43.21C the State Environmental Policy Act was completed and a Determination of Non-significance including a comment period was issued on January 23, 2015. The comment period for the Determination of Non-significance expired on February 9, 2015. The changes made to the proposed amendments since that determination did not materially change the effect of the proposal on the environment. It is the determination of the lead agency that the original DNS remains appropriate.
10. Miscellaneous Amendments. A Determination of Non-significance DNS was issued on April 22, 2016 in accordance with the provisions RCW 43.21C the State Environmental Policy Act. The comment period deadline ended on May 12, 2016. No comments were received
11. A Notice of Proposed Amendment and Request for Expedited Review was submitted to Commerce for both proposals on March 30, 2016. The Density Standard was assigned a Material ID # 22242. The Miscellaneous Amendments were assigned a Material ID # 22241. Expedited Review was granted on April 18, 2016.
12. The notice of intent to adopt amendments to the comprehensive plan and development regulations was submitted to Douglas County, City of Wenatchee, and Chelan County on April 20, 2016 requesting comments by May 14, 2016. No comments were received.
13. The proposed zoning text amendments related to Density Standards were discussed and reviewed by the City Planning Commission at public workshops on September 1, 2015, and November 3, 2015, December 2, 2015, and June 8, 2016. Advance notices of those public workshops were e-mailed to interested parties.
14. The proposed Miscellaneous Zoning Text Amendments were discussed and reviewed by the City Planning Commission at public workshops on November 3, 2013, December 2, 2015, and June 8, 2016. Advance notices of those public workshops were e-mailed to interested parties.
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City of East Wenatchee Ordinance 2016-10 Page 10 of 10
15. The proposed Density Standard and Miscellaneous Zoning Text Amendments were discussed and reviewed by the Douglas County Planning Commission at public workshops on December 2, 2015 and June 8, 2016.
16. A public notice for the July 13, 2016 hearing was advertised in the Wenatchee World and Empire Press on June 28, 2016.
17. The East Wenatchee Planning Commission and Douglas County Planning Commission jointly held a public hearing on July 13, 2016 to consider the proposed amendments.
18. Proposed amendments to the East Wenatchee Municipal Code were recommended for approval in two motions by the East Wenatchee Planning Commission (4-2) and (6-0) and by the Douglas County Planning Commission (5-1) at a duly advertised joint-public hearing held on July 13, 2016. Advance notices of the hearing was published in the Wenatchee World and mailed or e-mailed to interested parties.
19. Douglas County and East Wenatchee coordinate in long-range planning within the Greater East Wenatchee Area. The Douglas County Regional Policy Plan, as amended, established the protocol for amendments.
20. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference
CONCLUSIONS
1. It is the determination of the responsible lead agency that no more than a moderate effect on the environment is a reasonable probability as a result of the proposed action. The proper exercise of the threshold determination process as required by WAC 197-11 is than an environmental impact statement is not required to be prepared for this project. The processing of the proposal complies with the procedural and substantive requirements of the State Environmental Policy Act, chapter 43.21C RCW and chapter 18.06 EWMC.
2. The proposed text amendments are consistent with and implement the goals and policies in the Greater East Wenatchee Area Comprehensive Plan and the Douglas County Regional Policy Plan.
3. Proper legal requirements of RCW 36.70A.106 and EWMC Title 19 were met and the community was given the opportunity to comment on the proposal at a duly noticed public hearing.
4. The proposed EWMC text amendments are consistent with and implement the goals and policies of RCW 36.70A the Growth Management Act.
5. The proposal will not be detrimental to the general public health, safety or welfare.
6. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference.
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City of East Wenatchee, Washington
Ordinance No. 2016-11
An Ordinance of the City of East Wenatchee amending the East Wenatchee
Municipal Code Chapter 17.32 Residential High Density/Office District to clarify
land uses; and to reduce minimum lot area, lot dimensions, and setbacks.
Una Ordenanza de la Ciudad de East Wenatchee se modifica el Wenatchee del
Código Municipal Capítulo 17.32 Residencial de Alta Densidad / Distrito Oficina
para aclarar los usos del suelo; y reducir el área de lote mínimo, las dimensiones de
lote, y retrocesos.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta,
etc.), póngase en contacto con el vendedor de la ciudad al
alternatformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud,
etc.), please contact the City Clerk at alternateformat@east-wenatchee.com,
at (509) 884-9515, or at 711 (TTY).
2. Recitals.
2.1. The City of East Wenatchee (“City”) is a non-charter code City duly
incorporated and operating under the laws of the State of Washington; and
2.2. The City Council of East Wenatchee (“City Council”) finds that it is in the
best interests of the City and its citizens to adopt the proposed amendments
to the East Wenatchee Municipal Code.
2.3. The East Wenatchee Planning Commission and Douglas County Planning
Commission jointly held a public hearing on July 13, 2016 to consider the
proposed EWMC text amendments for Chapter 17.24. The proposed
amendments received a recommendation of approval from the East
Wenatchee Planning Commission with a unanimous vote in favor (Birks,
Hunter, Brawley, Nikolas, Nelson and Jessup). The proposed amendments
received a recommendation of approval from the Douglas County Planning
Commission with a vote of five in favor (Miller, Cavadini, Bollinger,
Machado, and Knowles) and one opposed (Davis).
3. Authority. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to
adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the
good government of the City.
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THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS
FOLLOWS:
4. Purpose. The purpose of this ordinance is to implement the goals and policies of the
Greater East Wenatchee Area Comprehensive Plan by providing greater flexibility
for design of residential developments to encourage urban densities.
5. Amendment. The City Council amends Chapter 17.32 Residential High
Density/Office District to the East Wenatchee Municipal Code as set forth in
Exhibit A to this Ordinance.
6. Findings of Fact and Conclusions of Law. The City Council adopts the Recitals
stated above as well as the findings of fact and conclusion of law as set forth in
Exhibit B.
7. Severability. If a court of competent jurisdiction declares any provision in this
Ordinance to be contrary to law, such declaration shall not affect the validity of the
other provisions of this Ordinance.
8. Publication. The City Council directs the City Clerk to publish a summary of this
Ordinance. The summary shall consist of the title of this Ordinance. The City
Council directs the City Clerk to publish a copy of this Ordinance on the City’s
website.
9. Submittal of Notice of Adoption. In accordance with RCW 36.70A.106, this
Ordinance shall be transmitted by the Community Development Director to the
Washington State Department of Commerce within 10 days of adoption.
10. Effective Date. This Ordinance becomes effective five days after the date its
summary is published.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this
__________ day of ______________________________, 2017.
The City of East Wenatchee, Washington By _________________________________ Steven C. Lacy, Mayor Authenticated: _____________________________________ City Clerk
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Approved as to form only: _____________________________________ Devin Poulson, City Attorney Filed with the City Clerk: __________ Passed by the City Council: __________ Published: __________ Effective Date: __________
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Summary of City of East Wenatchee, Washington Ordinance No. 2016-11 On the _____ day of _______________________________, 2017, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2016-11, the main point of which may be summarized by its title as follows:
An Ordinance of the City of East Wenatchee amending the East Wenatchee
Municipal Code Chapter 17.32 Residential High Density/Office District to clarify
land uses; and to reduce minimum lot area, lot dimensions, and setbacks.
Una Ordenanza de la Ciudad de East Wenatchee se modifica el Wenatchee del
Código Municipal Capítulo 17.32 Residencial de Alta Densidad / Distrito Oficina
para aclarar los usos del suelo; y reducir el área de lote mínimo, las dimensiones de
lote, y retrocesos.
The full text of this Ordinance is available at www.east-wenatchee.com. Dated this ______ day of ___________________________, 2017. _____________________________ City Clerk
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City of East Wenatchee Ordinance 2016-11 Page 5 of 11
Exhibit A
Chapter 17.32 R-H RESIDENTIAL HIGH DENSITY/OFFICE DISTRICT
Sections: 17.32.010 Purpose. 17.32.020 Permitted uses. 17.32.030 Accessory uses. 17.32.040 Conditional uses. 17.32.045 Prohibited uses. 17.32.050 Dimensional standards. 17.32.060 Off-street parking requirements. 17.32.070 Landscaping. 17.32.080 Site plan review. 17.32.090 Design standards and guidelines.
17.32.010 Purpose.
The R-H residential high density/office district is a land use classification suitable for high level of diversity and density in residential housing types and offices and limited commercial opportunities that can be integrated into the residential area. Uses are limited to residential and office uses and those uses deemed not to be unduly detrimental to the character of the district. (Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
17.32.020 Permitted uses.
The following uses shall be permitted uses in the R-H district:
A. Any permitted uses allowed in the R-L district with the exception of agricultural uses;
B. Apartments, duplexes, assisted living facilities, and other multifamily dwelling units up to 24 dwelling units per acre;
C. Boardinghouses, lodging houses and housekeeping rooms;
D. General or professional offices; provided, all of the following criteria are satisfied:
1. The term “general or professional offices” for this section includes a building or separately defined space (which may include more than one building) occupied by doctors, dentists, accountants, bookkeepers, insurance agents, realtors, attorneys, optometrists, architects, professional engineers and surveyors, or any group or combination with a professional or personal service business, excluding commercial laundries, funeral services or other services where the use of hazardous chemicals, equipment, or process which creates noise, vibration, glare, smoke, dust, fumes, odors, heat or electrical interference with any radio or television receivers. In case of a dispute the administrator shall
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determine whether or not the proposed use is a professional or personal service business.
2. The use of an office does not include retail sales or manufacture of goods unless incidental and subordinate to the primary use of the property for the professional or service business, provided such operation or use does not exceed 30 percent of the floor area of the primary structure, or 3,000 square feet in area, whichever is less;
3. The lot has frontage on an arterial or collector street as shown on the comprehensive plan and uses such frontage as its primary access;
4. Off-street parking is provided in compliance with the provisions of EWMC 17.72.010, as the same exists now or may hereafter be amended;
5. Screening shall be provided on any property line abutting a residential land use consisting of a continuous fence supplemented with landscape planting or a continuous wall, evergreen hedge or combination thereof which effectively screens the area which it encloses. All required screening shall be constructed to the maximum heights allowable for fences;
6. Business hours are limited to between 7:00 a.m. and 10:00 p.m. daily;
E. Mobile/manufactured home parks meeting the standards of EWMC 17.64.130, including all future amendments. (Ord. 13-04 § 9, 2013; Ord. 13-03 § 5, 2013; Ord. 12-20 § 6, 2012; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
17.32.030 Accessory uses.
Subject to the dimensional standards set forth in EWMC 17.32.050, the following uses shall be accessory uses in the R-H district:
A. All accessory uses allowed in the R-L district under conditions applicable to the R-L district as set forth in EWMC 17.24.030, except the keeping and raising of livestock and poultry. (Ord. 13-03 § 6, 2013; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 2000-3 § 4, 2000; Ord. 2000-02 § 8, 2000; Ord. 91-5 § 2, 1991)
17.32.040 Conditional uses.
The following uses shall be conditional uses in the R-H district under conditions set forth in Chapter 17.64 EWMC:
A. Public schools and private schools;
B. Churches;
C. Clinics (not otherwise qualifying under EWMC 17.32.020(D)), hospitals and sanitariums;
D. Child day care centers (Groups 1 and 2);
E. Public facilities and utilities;
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F. Bed and breakfast facilities;
G. Neighborhood centers;
H. Public parks and playgrounds;
I. Off-street parking facilities as a primary use may be permitted in the R-H district on zoning lots physically contiguous to any commercial district. Such parking uses shall be screened along any property line that abuts or faces a lot zoned for residential purposes pursuant to the requirements for Type I screening in EWMC 17.72.080. Any parking lot created under this section shall directly serve the permitted uses in the contiguous commercial districts. Parking thus provided may be credited toward the required off-street parking requirements for such permitted commercial uses;
J. Broadcast relay tower communication facility subject to the provisions of Chapter 17.70 EWMC, as the same now exists or may hereafter be amended. (Ord. 13-04 § 10, 2013; Ord. 07-05 § 4, 2007; Ord. 02-22 § 13, 2002; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
17.32.045 Prohibited uses.
All uses not listed above as permitted uses, accessory uses, or conditional uses shall be prohibited uses. Upon application to the board of adjustment, the board may rule that a use not specifically named in the permitted uses of a district shall be included among the allowed uses if the use is of the same general type and is similar to the permitted uses; however, this section does not authorize the inclusion of a use in a district where it is not listed when the use is specifically listed in another district. (Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001)
17.32.050 Dimensional standards.
The following are dimensional standards in the R-H district:
A. Minimum lot area:
1. Four thousand 3,200 square feet for single-family dwellings or 3,000 square feet for single-family attached dwellings;
2. Five thousand5,000 square feet for a two-family dwelling;
3. Five thousand square5,000 feet for the first two dwellings plus 1,700 square feet for each additional dwelling unit for multifamily dwelling structures;
4. Seven thousand7,000 square feet for general and professional offices;
B. Maximum density: 24 dwelling units per acre;
C. Minimum width of lot at building line: 50 40 feet for one- or two-story buildings, 60 50 feet for three- to four-story buildings; corner lots shall have a minimum width at the building line of 70 60 feet, except as provided in EWMC 17.72.020(D);
D. Minimum lot depth: 80 feet;
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City of East Wenatchee Ordinance 2016-11 Page 8 of 11
E. Maximum building height: 50 feet;
F. Maximum land coverage: 50 percent for all structures;
G. Minimum setback distances: except as provided in EWMC 17.72.040(B), (C), (D), (F) and (H):
1. Front yard: 10 feet from the front property line, plus one-half foot for each foot by which the building height exceeds 20 feet. Any garage or carport with entrances facing a street shall be set back at least 20 feet;
2. Rear yard: 15 feet;
3. Side yard: seven 5 feet plus one-half foot for each foot by which the building height exceeds 20 35 feet. To comply with the increased setback requirement for buildings over 35 feet, the building may be designed with the first floor at 5 feet and the upper floors stepped back to meet the increased setback requirement;
4. Buildings on corner lots shall observe the minimum front yard setback on both streets and shall provide at least one rear yard setback. (Ord. 08-09 § 3 Exh. A-1(4), 2008; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 2000-02 § 9, 2000; Ord. 91-5 § 2, 1991)
17.32.060 Off-street parking requirements.
A. The off-street requirements shall be as set forth in EWMC 17.72.010, as the same exists now or may hereafter be amended.
B. All of the parking shall be located to the rear of any front yard setback line and shall not project beyond any side yard setback line. (Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
17.32.070 Landscaping.
All developments in this district shall be subject to the landscaping requirements in Chapter 17.72 EWMC, as the same exists now or may hereafter be amended. (Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
17.32.080 Site plan review.
Site plan review and approval pursuant to Chapter 17.80 EWMC shall be required prior to the use of land for the location of any commercial activity or for the location of multiple dwelling units. (Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
17.32.090 Design standards and guidelines.
Development within this district shall comply with the applicable sections of the Greater East Wenatchee Urban Growth Area Design Standards and Guidelines which are adopted by this reference as if fully set forth herein. (Ord. 07-05 § 4, 2007)
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City of East Wenatchee Ordinance 2016-11 Page 9 of 11
Exhibit B
FINDINGS OF FACT AND CONCLUSIONS OF LAW
FINDINGS OF FACT
1. The proposals under consideration are a joint city of East Wenatchee/Douglas County proposal to amend the East Wenatchee Municipal Code
a. Adding a new section EWMC 17.72.270 Density Standards to establish a minimum density standard for residential development within the residential and mixed-use zoning districts: providing for exceptions; describing a calculation process; and providing special provisions for properties not served by public sanitary sewer service
b. Miscellaneous amendments intended to provide more flexibility for design and development of residential projects to promote higher density in the urban area:
i. Amending Chapter 17.24 - Residential Low Density, Chapter 17.28 – Residential Medium Density and Chapter 17.32 – Residential High Density/Office District to reduce minimum lot dimensions, lot sizes and setbacks; increase building heights; clarify provisions relating to livestock and poultry.
ii. Amending Chapter 17.72 – General Provisions regarding accessory structures; projections into setbacks; lot size averaging provisions; reducing lots size minimums for accessory dwelling units; reducing lot frontage requirements; and reducing off-street parking for multi-family projects.
iii. Amending Chapter 17.08 – Definitions regarding lot lines, lot width, and lot types; adding new definitions and diagrams illustrating certain defined terms.
iv. Amending Chapter 17.38.070 - Neighborhood Commercial correcting inconsistencies and typographical errors.
2. The proposals will be applicable to properties within the city limits and in the unincorporated area within the urban growth area surrounding the city of East Wenatchee in Douglas County, Washington.
3. By this reference, the planning staff file of records, including the staff report, noticing documents and SEPA documents are entered into the record.
4. Douglas County and East Wenatchee have adopted a comprehensive plan in accordance with the provision of the Growth Management Act and RCW Chapter 36.70A.
5. RCW Chapters 36.70A authorize the adoption of and amendments to development regulations.
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6. The planning commissions are responsible for long-range planning matters and providing implementation recommendations to assure compliance with the GMA.
7. Proposed minimum density provisions were approved by the East Wenatchee Planning Commission (4-1) and Douglas County Planning Commission (5-0) at a duly advertised joint-public hearing held on February 17, 2015. Advance notices of the hearing was published in the Wenatchee World and mailed or e-mailed to interested parties.
8. The planning commissions’ recommendation of approval was transmitted to the East Wenatchee City Council and Douglas County Board of Commissioners at a joint-public meeting held on March 24, 2015. Ordinance 2015-11 – Density Standards was not approved by either body and was remanded to the planning commission for further review and consideration.
9. Density Standard. A threshold determination and environmental review pursuant to RCW 43.21C the State Environmental Policy Act was completed and a Determination of Non-significance including a comment period was issued on January 23, 2015. The comment period for the Determination of Non-significance expired on February 9, 2015. The changes made to the proposed amendments since that determination did not materially change the effect of the proposal on the environment. It is the determination of the lead agency that the original DNS remains appropriate.
10. Miscellaneous Amendments. A Determination of Non-significance DNS was issued on April 22, 2016 in accordance with the provisions RCW 43.21C the State Environmental Policy Act. The comment period deadline ended on May 12, 2016. No comments were received
11. A Notice of Proposed Amendment and Request for Expedited Review was submitted to Commerce for both proposals on March 30, 2016. The Density Standard was assigned a Material ID # 22242. The Miscellaneous Amendments were assigned a Material ID # 22241. Expedited Review was granted on April 18, 2016.
12. The notice of intent to adopt amendments to the comprehensive plan and development regulations was submitted to Douglas County, City of Wenatchee, and Chelan County on April 20, 2016 requesting comments by May 14, 2016. No comments were received.
13. The proposed zoning text amendments related to Density Standards were discussed and reviewed by the City Planning Commission at public workshops on September 1, 2015, and November 3, 2015, December 2, 2015, and June 8, 2016. Advance notices of those public workshops were e-mailed to interested parties.
14. The proposed Miscellaneous Zoning Text Amendments were discussed and reviewed by the City Planning Commission at public workshops on November 3, 2013, December 2, 2015, and June 8, 2016. Advance notices of those public workshops were e-mailed to interested parties.
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15. The proposed Density Standard and Miscellaneous Zoning Text Amendments were discussed and reviewed by the Douglas County Planning Commission at public workshops on December 2, 2015 and June 8, 2016.
16. A public notice for the July 13, 2016 hearing was advertised in the Wenatchee World and Empire Press on June 28, 2016.
17. The East Wenatchee Planning Commission and Douglas County Planning Commission jointly held a public hearing on July 13, 2016 to consider the proposed amendments.
18. Proposed amendments to the East Wenatchee Municipal Code were recommended for approval in two motions by the East Wenatchee Planning Commission (4-2) and (6-0) and by the Douglas County Planning Commission (5-1) at a duly advertised joint-public hearing held on July 13, 2016. Advance notices of the hearing was published in the Wenatchee World and mailed or e-mailed to interested parties.
19. Douglas County and East Wenatchee coordinate in long-range planning within the Greater East Wenatchee Area. The Douglas County Regional Policy Plan, as amended, established the protocol for amendments.
20. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference
CONCLUSIONS
1. It is the determination of the responsible lead agency that no more than a moderate effect on the environment is a reasonable probability as a result of the proposed action. The proper exercise of the threshold determination process as required by WAC 197-11 is than an environmental impact statement is not required to be prepared for this project. The processing of the proposal complies with the procedural and substantive requirements of the State Environmental Policy Act, chapter 43.21C RCW and chapter 18.06 EWMC.
2. The proposed text amendments are consistent with and implement the goals and policies in the Greater East Wenatchee Area Comprehensive Plan and the Douglas County Regional Policy Plan.
3. Proper legal requirements of RCW 36.70A.106 and EWMC Title 19 were met and the community was given the opportunity to comment on the proposal at a duly noticed public hearing.
4. The proposed EWMC text amendments are consistent with and implement the goals and policies of RCW 36.70A the Growth Management Act.
5. The proposal will not be detrimental to the general public health, safety or welfare.
6. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference.
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City of East Wenatchee, Washington
Ordinance No. 2016-12
An Ordinance of the City of East Wenatchee amending the East Wenatchee
Municipal Code Chapter 17.72 General Provisions pertaining to off-street parking;
structures and setbacks; lot size averaging; accessory dwelling units; and lot
frontage.
Una Ordenanza de la Ciudad de East Wenatchee modificación de las East
Wenatchee Municipal Código Capítulo 17.72 Disposiciones generales relativas al
aparcamiento en la calle; estructuras y retrocesos; un promedio de tamaño de lote;
accesorio de unidades de vivienda; y del frente del lote.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta,
etc.), póngase en contacto con el vendedor de la ciudad al
alternatformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud,
etc.), please contact the City Clerk at alternateformat@east-wenatchee.com,
at (509) 884-9515, or at 711 (TTY).
2. Recitals.
2.1. The City of East Wenatchee (“City”) is a non-charter code City duly
incorporated and operating under the laws of the State of Washington; and
2.2. The City Council of East Wenatchee (“City Council”) finds that it is in the
best interests of the City and its citizens to adopt the proposed amendments
to the East Wenatchee Municipal Code.
2.3. The East Wenatchee Planning Commission and Douglas County Planning
Commission jointly held a public hearing on July 13, 2016 to consider the
proposed EWMC text amendments for Chapter 17.24. The proposed
amendments received a recommendation of approval from the East
Wenatchee Planning Commission with a unanimous vote in favor (Birks,
Hunter, Brawley, Nikolas, Nelson and Jessup). The proposed amendments
received a recommendation of approval from the Douglas County Planning
Commission with a vote of five in favor (Miller, Cavadini, Bollinger,
Machado, and Knowles) and one opposed (Davis).
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3. Authority. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to
adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the
good government of the City.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS
FOLLOWS:
4. Purpose. The purpose of this ordinance is to implement the goals and policies of the
Greater East Wenatchee Area Comprehensive Plan by providing greater flexibility
for design of residential developments to encourage urban densities.
5. Amendment 1. The City Council amends section 17.72.010(G) of the East
Wenatchee Municipal Code to read:
17.72.010(G). Off-Street Parking Requirements – Specified Uses. The following
requirements shall be met in all zones, except as provided for in subsection (B)(1) of
this section. These parking requirements are referenced to spaces per square foot
and are to be computed on the basis of gross floor area unless otherwise specified in
this table.
LAND USE STANDARDS
RESIDENTIAL LAND USES:
Accessory apartmentsdwelling unit 1 space/unit
Bed and breakfast 1 space/bedroom
Boarding or lodging home or room 1 space/bedroom
Duplexes 2 spaces/dwelling unit
Institutional: welfare or correctional institution, sanitarium, nursing home, assisted living facility, retirement home, rest home or convalescent center, congregate care facility
1 space/5 beds or 1 space/5 dwelling units, whichever is less
Multifamily One-bedroom units: 1.5 spaces/dwelling unit; Two or more bedroom units: 2 spaces/dwelling unit; Plus .5 spaces/dwelling unit for guest parking
Student or group housing 1 space/bedroom
Single-family and manufactured home parks 2 spaces/dwelling unit
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6. Amendment 2. The City Council amends section 17.72.020 of the East Wenatchee
Municipal Code to read:
17.72.020 Use of land or buildings.
Except as herein provided:
A. No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land, building, structure, open space or premises be used, designed or intended to be used for any purpose or in any manner other than a use listed in this title as permitted in the use district in which the land, building, structure or premises is located.
B. No building or structure shall be erected nor shall any existing building or structure be moved, reconstructed or structurally altered to exceed in height the limit established by this title.
C. No yard or other open spaces provided about any building or structure for the purpose of complying with the regulations of this title or amendments thereto shall be considered as providing a yard or open space for any other building or structure.
D. In the residential districts for lots which were lots of record prior to the passage of the ordinance codified in this title and which contain less than the required width and/or less than the required minimum lot area, but contain an area of not less than 5,000 square feet and a minimum width at building line of not less than 40 feet, a building permit may be issued by the administrator of this title without a hearing before the board of adjustmenthearing examiner; provided, that the structure built on any such nonconforming lot of record shall meet all of the remaining dimensional standards required in the district in which the structure is located. (Ord. 07-05 § 7, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
7. Amendment 3. The City Council amends section 17.72.040 of the East Wenatchee
Municipal Code to read:
17.72.040 Structures generally.
A. No accessory building shall be used as a place of habitation, unless expressly permitted otherwise by this title and city building, life and safety codes.
B. Accessory structures may be built within a rear yard; provided, that the required total open space areamaximum lot coverage is not exceeded,and that no structure or combination of structures shall cover more than 50 percent of the area of the rear yard. and the allowable size of structure is not exceeded.
C. No accessory structure shall occupy any part of a required front yard area.
D. Accessory structures may observe a three-foot setback in the side and rear yard areas; provided, that no combination of structures extend more than 50 percent of the horizontal distance of the rear or side property line. Accessory buildings may observe a zero setback where a rear or side property line is adjacent to an alley. In all other circumstances, accessory buildings shall observe a five-foot setback in rear and side yard areas. No roof eave or any other part of the structure may project
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shall or overhang across any property line and said structure shall be constructed with a roof that directs stormwater runoff away from any neighboring properties.
E. All gasoline station pump islands shall be set back at least 15 feet from all property lines.
F. If a lot in a residential district not facing on a substandard street or half-street is adjoined on both sides by lots on which structures are set back less than the required front yard setback, a new structure on the heretofore vacant center lot may set back a distance equal to the average setback of the two adjoining properties but in no case shall the garage setback be less than 20 feet. All lots used for this average setback provision must be located within the same zoning district.
G. Cul-de-Sacs or Irregular Lots. No building or structure shall be erected where the front building setback line measures less than 60 feet wide, except when located in a manufactured home park or if specifically approved as a part of a planned development (from Douglas County Code).
H. Boundary Streets or Substandard Streets. For structures constructed on boundary streets where only one-half of the street has been dedicated or streets with substandard right-of-way based upon the street classification, the front yard setback distance shall include the required front yard setback for the specific zoning district plus the required distance from the required right-of-way centerline.
For example: A structure in the R-L district on a local access street where the required right-of-way distance from centerline is 25 feet, the setback would be 15 feet for the primary dwelling and 20 feet for the garage plus 25 feet for a total of 40 feet for the primary dwelling and 45 feet for the garage.
I. Cornices, eaves, gutters, sunshades and other similar architectural features may project not more than two feet into required yard areas. Chimneys, staircases and steps are considered a part of a structure or a building and are not permitted to project into a required yard area. Except that steps or staircases with a total height of less than 42 inches may project into the required front or rear yard area. No projection of any kind is permitted to project into any easement (public or private). Terraces at grade level covering not over 10 percent of the ground area may be allowed within required yard areas. Steps or staircases with a total height of less than 42 inches may project into the required yard area.
J. Reduction of Front Yard Setback Requirements in Consideration of Slope. To ensure safe ingress/egress to the property, the process provided below is subject to the approval of the street superintendent and city engineer:
1. Front yard requirements may be reduced under the following conditions:
a. The front yard may be reduced by five feet, when the natural slope of the front 50 feet of the lot equals or exceeds one foot of fall/rise in seven feet of distance from the property line (i.e., slope of 14 percent or greater).
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b. The front yard may be reduced by 10 feet, when the natural slope of the front 50 feet of the lot equals or exceeds one foot of fall/rise in four feet of distance from the front property line (i.e., slope of 25 percent or greater).
2. To avoid backing of vehicles directly onto the street, all driveways and entrances to garages and carports shall be parallel or nearly parallel to the street or configured in such a manner that provides a turnaround area or sufficient unobscured parking area to allow vehicles to be completely outside the structure before entering the street.
3. The natural grade of the slope shall be maintained as much as possible.
4. The impact on sight distance along the adjoining street shall be considered when reviewing and approving the use of this setback reduction process. (Ord. 07-05 § 7, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
8. Amendment 4. The City Council amends section 17.72.045 of the East Wenatchee
Municipal Code to read:
17.72.045 Lot size averaging.
A. A subdivision or short subdivision will meet the minimum lot area of the zone in which it is located if the area in lots plus critical areas and their buffers and areas designated as open space or recreational uses, if any, divided by the total number of lots equals or exceeds the minimum lot area of the zone in which the property is located. In no case shall the density achieved be greater than the gross site area density permitted under within the underlying zoning district.
B. This section shall only apply within residential zoning districts.zones having a minimum lot area requirement of 12,500 square feet or less.
C. Each single lot shall be at least 3,000 square feet in area.
D. Lots in subdivisions and short subdivisions created under the provisions of this section shall have a maximum lot coverage of 55 percent.
E. Lots with less than the prescribed minimum lot area for the zone in which they are located shall have a minimum lot width of at least 40 feet, and front yard setbacks of 15 feet except that garages must be set back 18 feet from the right-of-way (with the exception of alleys) and corner lots may reduce one front yard setback to no less than 15 feet.
F. Preliminary subdivisions approved utilizing lot averaging shall not be recorded by divisions unless such divisions individually or together as cumulative, contiguous parcels, satisfy the requirements of this section.
G. Roadways and surface detention/retention facilities shall not count toward the calculations for lot size averaging. However, surface detention/retention facilities shall count toward calculations for lot size averaging if the unless the detention/retention facility is either (1) designed and constructed so as to appear as
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a natural wetland system, or (2) designed and constructed in a manner that provides active or passive recreational benefits in a natural or manicured landscaped setting. (Ord. 07-05 § 7, 2007)
9. Amendment 5. The City Council amends section 17.72.190 of the East Wenatchee
Municipal Code to read:
17.72.190 Accessory dwelling units.
Accessory dwelling units are permitted within residential zoning districts. Accessory dwelling units shall be on the same lot as the primary residence and shall meet the following provisions:
A. Only one accessory dwelling unit shall be permitted per lot;
B. The owner of the property on which the accessory dwelling unit is located shall reside in either the primary unit or the accessory unit. “Owner” shall include title holders and contract purchasers;
C. One off-street parking space in addition to off-street parking spaces required for the primary dwelling shall be provided for use by the accessory dwelling;
D. The accessory dwelling unit shall comply with the minimum requirements of applicable city zoning and construction codes, health district, and all other local, state and federal agencies;
E. The city may require the recording of title notices as appropriate to disclose the circumstances and conditions of an authorized accessory dwelling use;
F. An accessory dwelling may be established in either an existing or a new residence;
G. Only one home occupation permit shall be permitted on any lot containing an accessory dwelling;
H. Attached accessory dwelling units shall meet the following provisions:
1. The accessory dwelling unit size shall not exceed the gross floor area of the primary dwelling unit and shall not exceed 1,200 square feet in area;
2. The minimum lot area shall be 8,000 square feet;
3. An outside exit for the accessory dwelling must be provided; and
4. Exterior alterations or additions for the accessory dwelling shall be consistent with the design of the primary residence including matching materials, colors, window style, and existing facade.
I. Detached accessory dwelling units shall meet the following provisions:
1. The minimum lot area shall be equal to or greater than 16,00010,000 square feet;
2. The accessory dwelling unit shall not exceed 1,200 square feet in area excluding any related garage or carport area;
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City of East Wenatchee Ordinance 2016-12 Page 7 of 12
3. The accessory dwelling shall meet the minimum provisions set forth in EWMC 15.38.030, except EWMC 15.38.030(F), unless the property is divided in accordance with EWMC Title 16; and
4. The location, design and construction of the accessory dwelling shall be completed in a manner that will facilitate the eventual division of the property into two or more lots. General provisions that apply include access, building setbacks, lot coverage, and road improvements. Separate title to the accessory dwelling site shall be transferred only in after the lot is divided in conformance with the provisions of EWMC Title 16 EWMC for land divisions. (Ord. 07-05 § 7, 2007; Ord. 05-07 § 4, 2005)
10. Amendment 6. The City Council amends section 17.72.010(G) of the East
Wenatchee Municipal Code to read:
17.72.210 Lot frontage.
Residential lots shall have not less than 60 40 feet of frontage on a public or private roadway, except when located within a cul-de-sac, a manufactured home park, a planned development or when the lot is accessed from a joint-use driveway or access easement meeting the requirements of Chapters 12.50 through 12.60 EWMC, comprehensive street standards, and any amendments. A minimum of 30 20 feet of contiguous frontage is required for lots located on a cul-de-sac (road right-of-way) in all use districts and lots located on the outside of a road curve with a radius between 50 and 75 feet. (Ord. 10-09 § 8, 2010; Ord. 07-05 § 7, 2007)
11. Findings of Fact and Conclusions of Law. The City Council adopts the Recitals
stated above as well as the findings of fact and conclusion of law as set forth in
Exhibit A.
12. Severability. If a court of competent jurisdiction declares any provision in this
Ordinance to be contrary to law, such declaration shall not affect the validity of the
other provisions of this Ordinance.
13. Publication. The City Council directs the City Clerk to publish a summary of this
Ordinance. The summary shall consist of the title of this Ordinance. The City
Council directs the City Clerk to publish a copy of this Ordinance on the City’s
website.
14. Submittal of Notice of Adoption. In accordance with RCW 36.70A.106, this
Ordinance shall be transmitted by the Community Development Director to the
Washington State Department of Commerce within 10 days of adoption.
15. Effective Date. This Ordinance becomes effective five days after the date its
summary is published.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this
__________ day of ______________________________, 2017.
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City of East Wenatchee Ordinance 2016-12 Page 8 of 12
The City of East Wenatchee, Washington By _________________________________ Steven C. Lacy, Mayor Authenticated: _____________________________________ City Clerk Approved as to form only: _____________________________________ Devin Poulson, City Attorney Filed with the City Clerk: __________ Passed by the City Council: __________ Published: __________ Effective Date: __________
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City of East Wenatchee Ordinance 2016-12 Page 9 of 12
Summary of City of East Wenatchee, Washington Ordinance No. 2016-12 On the _____ day of _______________________________, 2017, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2016-12, the main point of which may be summarized by its title as follows:
An Ordinance of the City of East Wenatchee amending the East Wenatchee
Municipal Code Chapter 17.72 General Provisions pertaining to off-street parking;
structures and setbacks; lot size averaging; accessory dwelling units; and lot
frontage.
Una Ordenanza de la Ciudad de East Wenatchee modificación de las East
Wenatchee Municipal Código Capítulo 17.72 Disposiciones generales relativas al
aparcamiento en la calle; estructuras y retrocesos; un promedio de tamaño de lote;
accesorio de unidades de vivienda; y del frente del lote. The full text of this Ordinance is available at www.east-wenatchee.com. Dated this ______ day of ___________________________, 2017. _____________________________ City Clerk
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City of East Wenatchee Ordinance 2016-12 Page 10 of 12
Exhibit A
FINDINGS OF FACT AND CONCLUSIONS OF LAW
FINDINGS OF FACT
1. The proposals under consideration are a joint city of East Wenatchee/Douglas County proposal to amend the East Wenatchee Municipal Code
a. Adding a new section EWMC 17.72.270 Density Standards to establish a minimum density standard for residential development within the residential and mixed-use zoning districts: providing for exceptions; describing a calculation process; and providing special provisions for properties not served by public sanitary sewer service
b. Miscellaneous amendments intended to provide more flexibility for design and development of residential projects to promote higher density in the urban area:
i. Amending Chapter 17.24 - Residential Low Density, Chapter 17.28 – Residential Medium Density and Chapter 17.32 – Residential High Density/Office District to reduce minimum lot dimensions, lot sizes and setbacks; increase building heights; clarify provisions relating to livestock and poultry.
ii. Amending Chapter 17.72 – General Provisions regarding accessory structures; projections into setbacks; lot size averaging provisions; reducing lots size minimums for accessory dwelling units; reducing lot frontage requirements; and reducing off-street parking for multi-family projects.
iii. Amending Chapter 17.08 – Definitions regarding lot lines, lot width, and lot types; adding new definitions and diagrams illustrating certain defined terms.
iv. Amending Chapter 17.38.070 - Neighborhood Commercial correcting inconsistencies and typographical errors.
2. The proposals will be applicable to properties within the city limits and in the unincorporated area within the urban growth area surrounding the city of East Wenatchee in Douglas County, Washington.
3. By this reference, the planning staff file of records, including the staff report, noticing documents and SEPA documents are entered into the record.
4. Douglas County and East Wenatchee have adopted a comprehensive plan in accordance with the provision of the Growth Management Act and RCW Chapter 36.70A.
5. RCW Chapters 36.70A authorize the adoption of and amendments to development regulations.
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City of East Wenatchee Ordinance 2016-12 Page 11 of 12
6. The planning commissions are responsible for long-range planning matters and providing implementation recommendations to assure compliance with the GMA.
7. Proposed minimum density provisions were approved by the East Wenatchee Planning Commission (4-1) and the Douglas County Planning Commission (5-0) at a duly advertised joint-public hearing held on February 17, 2015. Advance notices of the hearing were published in the Wenatchee World and mailed or e-mailed to interested parties.
8. The planning commissions’ recommendation of approval was transmitted to the East Wenatchee City Council and Douglas County Board of Commissioners at a joint-public meeting held on March 24, 2015. Ordinance 2015-11 – Density Standards was not approved by either body and was remanded to the planning commission for further review and consideration.
9. Density Standard. A threshold determination and environmental review pursuant to RCW 43.21C the State Environmental Policy Act was completed and a Determination of Non-significance including a comment period was issued on January 23, 2015. The comment period for the Determination of Non-significance expired on February 9, 2015. The changes made to the proposed amendments since that determination did not materially change the effect of the proposal on the environment. It is the determination of the lead agency that the original DNS remains appropriate.
10. Miscellaneous Amendments. A Determination of Non-significance DNS was issued on April 22, 2016 in accordance with the provisions RCW 43.21C the State Environmental Policy Act. The comment period deadline ended on May 12, 2016. No comments were received
11. A Notice of Proposed Amendment and Request for Expedited Review was submitted to Commerce for both proposals on March 30, 2016. The Density Standard was assigned a Material ID # 22242. The Miscellaneous Amendments were assigned a Material ID # 22241. Expedited Review was granted on April 18, 2016.
12. The notice of intent to adopt amendments to the comprehensive plan and development regulations was submitted to Douglas County, City of Wenatchee, and Chelan County on April 20, 2016 requesting comments by May 14, 2016. No comments were received.
13. The proposed zoning text amendments related to Density Standards were discussed and reviewed by the City Planning Commission at public workshops on September 1, 2015, and November 3, 2015, December 2, 2015, and June 8, 2016. Advance notices of those public workshops were e-mailed to interested parties.
14. The proposed Miscellaneous Zoning Text Amendments were discussed and reviewed by the City Planning Commission at public workshops on November 3, 2013, December 2, 2015, and June 8, 2016. Advance notices of those public workshops were e-mailed to interested parties.
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City of East Wenatchee Ordinance 2016-12 Page 12 of 12
15. The proposed Density Standard and Miscellaneous Zoning Text Amendments were discussed and reviewed by the Douglas County Planning Commission at public workshops on December 2, 2015 and June 8, 2016.
16. A public notice for the July 13, 2016 hearing was advertised in the Wenatchee World and Empire Press on June 28, 2016.
17. The East Wenatchee Planning Commission and Douglas County Planning Commission jointly held a public hearing on July 13, 2016 to consider the proposed amendments.
18. Proposed amendments to the East Wenatchee Municipal Code were recommended for approval in two motions by the East Wenatchee Planning Commission (4-2) and (6-0) and by the Douglas County Planning Commission (5-1) at a duly advertised joint-public hearing held on July 13, 2016. Advance notices of the hearing was published in the Wenatchee World and mailed or e-mailed to interested parties.
19. Douglas County and East Wenatchee coordinate in long-range planning within the Greater East Wenatchee Area. The Douglas County Regional Policy Plan, as amended, established the protocol for amendments.
20. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference
CONCLUSIONS
1. It is the determination of the responsible lead agency that no more than a moderate effect on the environment is a reasonable probability as a result of the proposed action. The proper exercise of the threshold determination process as required by WAC 197-11 is than an environmental impact statement is not required to be prepared for this project. The processing of the proposal complies with the procedural and substantive requirements of the State Environmental Policy Act, chapter 43.21C RCW and chapter 18.06 EWMC.
2. The proposed text amendments are consistent with and implement the goals and policies in the Greater East Wenatchee Area Comprehensive Plan and the Douglas County Regional Policy Plan.
3. Proper legal requirements of RCW 36.70A.106 and EWMC Title 19 were met and the community was given the opportunity to comment on the proposal at a duly noticed public hearing.
4. The proposed EWMC text amendments are consistent with and implement the goals and policies of RCW 36.70A the Growth Management Act.
5. The proposal will not be detrimental to the general public health, safety or welfare.
6. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference.
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City of East Wenatchee, Washington
Ordinance No. 2016-13
An Ordinance of the City of East Wenatchee amending the East Wenatchee
Municipal Code Chapter 17.08 Definitions sections regarding lot lines, lot width,
and lot types and adding new definitions and diagrams illustrating certain defined
terms.
Una Ordenanza de la Ciudad de East Wenatchee modificación de las secciones
Wenatchee del Código Municipal Capítulo 17.08 Definiciones relativas a las líneas
de lote, la anchura gran cantidad y tipos de lote y la adición de nuevas definiciones
y diagramas que ilustran ciertos términos definidos.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta,
etc.), póngase en contacto con el vendedor de la ciudad al
alternatformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud,
etc.), please contact the City Clerk at alternateformat@east-wenatchee.com,
at (509) 884-9515, or at 711 (TTY).
2. Recitals.
2.1. The City of East Wenatchee (“City”) is a non-charter code City duly
incorporated and operating under the laws of the State of Washington; and
2.2. The City Council of East Wenatchee (“City Council”) finds that it is in the
best interests of the City and its citizens to adopt the proposed amendments
to the East Wenatchee Municipal Code.
2.3. The East Wenatchee Planning Commission and Douglas County Planning
Commission jointly held a public hearing on July 13, 2016 to consider the
proposed EWMC text amendments for Chapter 17.24. The proposed
amendments received a recommendation of approval from the East
Wenatchee Planning Commission with a unanimous vote in favor (Birks,
Hunter, Brawley, Nikolas, Nelson and Jessup). The proposed amendments
received a recommendation of approval from the Douglas County Planning
Commission with a vote of five in favor (Miller, Cavadini, Bollinger,
Machado, and Knowles) and one opposed (Davis).
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City of East Wenatchee Ordinance 2016-13 Page 2 of 10
3. Authority. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to
adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the
good government of the City.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS
FOLLOWS:
4. Purpose. The purpose of this ordinance is to implement the goals and policies of the
Greater East Wenatchee Area Comprehensive Plan by providing greater flexibility
for design of residential developments to encourage urban densities.
5. Amendment 1. The City Council amends section 17.08.384 of the East Wenatchee
Municipal Code to read:
17.08.384 Lot line, front.
“Front lot line” means any property line of a lot which abuts a street, other than an alley., is considered the front lot line. Corner lots, or lots bounded by more than one street, shall be considered to have two front lot lines. (Ord. 02-22 § 3, 2002)
6. Amendment 2. The City Council amends section 17.08.385 of the East Wenatchee
Municipal Code to read:
17.08.385 Lot line, rear.
“Rear lot line” means the property line that is most opposite or most distant from the designated front lot line, and does not intersect any front lot line. Corner lots with two front yards must designate one rear lot line, maintaining the applicable required rear yard. The remaining lot line will be a side lot line. In the case of triangular or otherwise irregularly shaped lotslot, the rear lot line is a line 10 feet
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City of East Wenatchee Ordinance 2016-13 Page 3 of 10
in length entirely within the lot, parallel to and at a maximum distance from the front lot line. (Ord. 02-22 § 4, 2002)
7. Amendment 3. The City Council amends section 17.08.386 of the East Wenatchee
Municipal Code to read:
17.08.386 Lot line, side.
“Side lot line” means any lot line that is not a front or rear lot line, or any lot line that intersects a front lot line. (Ord. 02-22 § 5, 2002)
8. Amendment 4. The City Council adds a new section 17.08.393 of the East
Wenatchee Municipal Code to read:
17.08.393 Lot, substandard.
"Substandard lot" (Substandard lot) means a lot that was lawfully established and met the lot area and lot width requirements of the East Wenatchee Municipal Code when it was established but does not conform to the lot area and width required to create a new lot in the zone in which it is currently located.
9. Amendment 5. The City Council adds a new section 17.08.395 of the East
Wenatchee Municipal Code to read:
17.08.395 Lot, through.
"Lot, through" ("Through lot") means a lot having frontage on two parallel or private roads that do not intersect at the lot line.
10. Amendment 6. The City Council amends section 17.08.400 of the East Wenatchee
Municipal Code to read:
17.08.400 Lot width.
“Lot width” means the distance between the side lines of a lot. Lot width shall be determined by the diameter of the largest circle that can be drawn within the boundaries of a lot. The diameter of the circle must be equal to or greater than the minimum lot width requirement of the underlying zone.the dimension of the lot line at the street or in an irregular shaped lot the dimension across the lot at the building line, or in a corner lot the narrow dimension of the lot at a street or building line. (Ord. 91-5 § 2, 1991)
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City of East Wenatchee Ordinance 2016-13 Page 4 of 10
11. Amendment 7. The City Council amends section 17.08.660 of the East Wenatchee
Municipal Code to read:
17.08.660 Zero lot line development.
"Zero lot line development" means the location of a building on a lot in such a manner that any portion of one or more of the building’s walls rests directly on a side or rear lot line. Each dwelling in a zero lot line development shall be located on its own individually platted lot.
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City of East Wenatchee Ordinance 2016-13 Page 5 of 10
12. Findings of Fact and Conclusions of Law. The City Council adopts the Recitals
stated above as well as the findings of fact and conclusion of law as set forth in
Exhibit A.
13. Severability. If a court of competent jurisdiction declares any provision in this
Ordinance to be contrary to law, such declaration shall not affect the validity of the
other provisions of this Ordinance.
14. Publication. The City Council directs the City Clerk to publish a summary of this
Ordinance. The summary shall consist of the title of this Ordinance. The City
Council directs the City Clerk to publish a copy of this Ordinance on the City’s
website.
15. Submittal of Notice of Adoption. In accordance with RCW 36.70A.106, this
Ordinance shall be transmitted by the Community Development Director to the
Washington State Department of Commerce within 10 days of adoption.
16. Effective Date. This Ordinance becomes effective five days after the date its
summary is published.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this
__________ day of ______________________________, 2017.
The City of East Wenatchee,
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City of East Wenatchee Ordinance 2016-13 Page 6 of 10
Washington By _________________________________ Steven C. Lacy, Mayor Authenticated: _____________________________________ City Clerk Approved as to form only: _____________________________________ Devin Poulson, City Attorney Filed with the City Clerk: __________ Passed by the City Council: __________ Published: __________ Effective Date: __________
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City of East Wenatchee Ordinance 2016-13 Page 7 of 10
Summary of City of East Wenatchee, Washington Ordinance No. 2016-13 On the _____ day of _______________________________, 2017, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2016-13, the main point of which may be summarized by its title as follows:
An Ordinance of the City of East Wenatchee amending the East Wenatchee
Municipal Code Chapter 17.08 Definitions sections regarding lot lines, lot width,
and lot types and adding new definitions and diagrams illustrating certain defined
terms.
Una Ordenanza de la Ciudad de East Wenatchee modificación de las secciones
Wenatchee del Código Municipal Capítulo 17.08 Definiciones relativas a las líneas
de lote, la anchura gran cantidad y tipos de lote y la adición de nuevas definiciones
y diagramas que ilustran ciertos términos definidos. The full text of this Ordinance is available at www.east-wenatchee.com. Dated this ______ day of ___________________________, 2017. _____________________________ City Clerk
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City of East Wenatchee Ordinance 2016-13 Page 8 of 10
Exhibit A
FINDINGS OF FACT AND CONCLUSIONS OF LAW
FINDINGS OF FACT
1. The proposals under consideration are a joint city of East Wenatchee/Douglas County proposal to amend the East Wenatchee Municipal Code
a. Adding a new section EWMC 17.72.270 Density Standards to establish a minimum density standard for residential development within the residential and mixed-use zoning districts: providing for exceptions; describing a calculation process; and providing special provisions for properties not served by public sanitary sewer service
b. Miscellaneous amendments intended to provide more flexibility for design and development of residential projects to promote higher density in the urban area:
i. Amending Chapter 17.24 - Residential Low Density, Chapter 17.28 – Residential Medium Density and Chapter 17.32 – Residential High Density/Office District to reduce minimum lot dimensions, lot sizes and setbacks; increase building heights; clarify provisions relating to livestock and poultry.
ii. Amending Chapter 17.72 – General Provisions regarding accessory structures; projections into setbacks; lot size averaging provisions; reducing lots size minimums for accessory dwelling units; reducing lot frontage requirements; and reducing off-street parking for multi-family projects.
iii. Amending Chapter 17.08 – Definitions regarding lot lines, lot width, and lot types; adding new definitions and diagrams illustrating certain defined terms.
iv. Amending Chapter 17.38.070 - Neighborhood Commercial correcting inconsistencies and typographical errors.
2. The proposals will be applicable to properties within the city limits and in the unincorporated area within the urban growth area surrounding the city of East Wenatchee in Douglas County, Washington.
3. By this reference, the planning staff file of records, including the staff report, noticing documents and SEPA documents are entered into the record.
4. Douglas County and East Wenatchee have adopted a comprehensive plan in accordance with the provision of the Growth Management Act and RCW Chapter 36.70A.
5. RCW Chapters 36.70A authorize the adoption of and amendments to development regulations.
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City of East Wenatchee Ordinance 2016-13 Page 9 of 10
6. The planning commissions are responsible for long-range planning matters and providing implementation recommendations to assure compliance with the GMA.
7. Proposed minimum density provisions were approved by the East Wenatchee Planning Commission (4-1) and the Douglas County Planning Commission (5-0) at a duly advertised joint-public hearing held on February 17, 2015. Advance notices of the hearing were published in the Wenatchee World and mailed or e-mailed to interested parties.
8. The planning commissions’ recommendation of approval was transmitted to the East Wenatchee City Council and Douglas County Board of Commissioners at a joint-public meeting held on March 24, 2015. Ordinance 2015-11 – Density Standards was not approved by either body and was remanded to the planning commission for further review and consideration.
9. Density Standard. A threshold determination and environmental review pursuant to RCW 43.21C the State Environmental Policy Act was completed and a Determination of Non-significance including a comment period was issued on January 23, 2015. The comment period for the Determination of Non-significance expired on February 9, 2015. The changes made to the proposed amendments since that determination did not materially change the effect of the proposal on the environment. It is the determination of the lead agency that the original DNS remains appropriate.
10. Miscellaneous Amendments. A Determination of Non-significance DNS was issued on April 22, 2016 in accordance with the provisions RCW 43.21C the State Environmental Policy Act. The comment period deadline ended on May 12, 2016. No comments were received
11. A Notice of Proposed Amendment and Request for Expedited Review was submitted to Commerce for both proposals on March 30, 2016. The Density Standard was assigned a Material ID # 22242. The Miscellaneous Amendments were assigned a Material ID # 22241. Expedited Review was granted on April 18, 2016.
12. The notice of intent to adopt amendments to the comprehensive plan and development regulations was submitted to Douglas County, City of Wenatchee, and Chelan County on April 20, 2016 requesting comments by May 14, 2016. No comments were received.
13. The proposed zoning text amendments related to Density Standards were discussed and reviewed by the City Planning Commission at public workshops on September 1, 2015, and November 3, 2015, December 2, 2015, and June 8, 2016. Advance notices of those public workshops were e-mailed to interested parties.
14. The proposed Miscellaneous Zoning Text Amendments were discussed and reviewed by the City Planning Commission at public workshops on November 3, 2013, December 2, 2015, and June 8, 2016. Advance notices of those public workshops were e-mailed to interested parties.
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City of East Wenatchee Ordinance 2016-13 Page 10 of 10
15. The proposed Density Standard and Miscellaneous Zoning Text Amendments were discussed and reviewed by the Douglas County Planning Commission at public workshops on December 2, 2015 and June 8, 2016.
16. A public notice for the July 13, 2016 hearing was advertised in the Wenatchee World and Empire Press on June 28, 2016.
17. The East Wenatchee Planning Commission and Douglas County Planning Commission jointly held a public hearing on July 13, 2016 to consider the proposed amendments.
18. Proposed amendments to the East Wenatchee Municipal Code were recommended for approval in two motions by the East Wenatchee Planning Commission (4-2) and (6-0) and by the Douglas County Planning Commission (5-1) at a duly advertised joint-public hearing held on July 13, 2016. Advance notices of the hearing was published in the Wenatchee World and mailed or e-mailed to interested parties.
19. Douglas County and East Wenatchee coordinate in long-range planning within the Greater East Wenatchee Area. The Douglas County Regional Policy Plan, as amended, established the protocol for amendments.
20. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference
CONCLUSIONS
1. It is the determination of the responsible lead agency that no more than a moderate effect on the environment is a reasonable probability as a result of the proposed action. The proper exercise of the threshold determination process as required by WAC 197-11 is than an environmental impact statement is not required to be prepared for this project. The processing of the proposal complies with the procedural and substantive requirements of the State Environmental Policy Act, chapter 43.21C RCW and chapter 18.06 EWMC.
2. The proposed text amendments are consistent with and implement the goals and policies in the Greater East Wenatchee Area Comprehensive Plan and the Douglas County Regional Policy Plan.
3. Proper legal requirements of RCW 36.70A.106 and EWMC Title 19 were met and the community was given the opportunity to comment on the proposal at a duly noticed public hearing.
4. The proposed EWMC text amendments are consistent with and implement the goals and policies of RCW 36.70A the Growth Management Act.
5. The proposal will not be detrimental to the general public health, safety or welfare.
6. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference.
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City of East Wenatchee, Washington
Ordinance No. 2016-14
An Ordinance of the City of East Wenatchee amending the East Wenatchee
Municipal Code Section 17.38.070 Neighborhood Commercial to increase the district
size limitation and correct text errors.
Una Ordenanza de la Ciudad de East Wenatchee se modifica el Wenatchee del
Código Municipal Sección 17.38.070 Barrio Comercial para aumentar el límite de
tamaño de distrito y los errores de texto correcto.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta,
etc.), póngase en contacto con el vendedor de la ciudad al
alternatformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud,
etc.), please contact the City Clerk at alternateformat@east-wenatchee.com,
at (509) 884-9515, or at 711 (TTY).
2. Recitals.
2.1. The City of East Wenatchee (“City”) is a non-charter code City duly
incorporated and operating under the laws of the State of Washington; and
2.2. The City Council of East Wenatchee (“City Council”) finds that it is in the
best interests of the City and its citizens to adopt the proposed amendments
to the East Wenatchee Municipal Code.
2.3. The East Wenatchee Planning Commission and Douglas County Planning
Commission jointly held a public hearing on July 13, 2016 to consider the
proposed EWMC text amendments for Chapter 17.24. The proposed
amendments received a recommendation of approval from the East
Wenatchee Planning Commission with a unanimous vote in favor (Birks,
Hunter, Brawley, Nikolas, Nelson and Jessup). The proposed amendments
received a recommendation of approval from the Douglas County Planning
Commission with a vote of five in favor (Miller, Cavadini, Bollinger,
Machado, and Knowles) and one opposed (Davis).
3. Authority. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to
adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the
good government of the City.
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City of East Wenatchee Ordinance 2016-14 Page 2 of 8
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS
FOLLOWS:
4. Purpose. The purpose of this ordinance is to implement the goals and policies of the
Greater East Wenatchee Area Comprehensive Plan, correct inconsistencies and
typographical errors within that chapter.
5. Amendment. The City Council amends section 17.38.070 of the East Wenatchee
Municipal Code to read:
17.38.070 Performance standards.
A. General Character. Development in the NC district shall be characterized by small businesses in commercial buildings constructed in a center, plaza or node. Buildings shall be designed with moderate lighting, quiet operations and facilitate considerable walk-in trade by providing pedestrian and transit-oriented amenities.
B. Site Design. Development within the NC district shall be designed to accommodate a maximum of two 5 acres of commercial uses and associated amenities including parking, landscaping, drainage, road improvements, etc. If less than two 5 acres are proposed in an initial application, the development shall be designed to facilitate additional commercial development on adjacent properties to a maximum of two 5 acres in a manner that will create a cluster, plaza or node of buildings that are oriented to face opposing commercial buildings, green space or a plaza area. The site shall be designed to prohibit linear type development.
C. All buildings within a multi-building complex shall achieve a unity of design through the implementation of a thematic architectural master plan that addresses such elements as roof form, exterior building materials, colors, window pattern, awnings and signs in accordance with the appropriate Design Standards and Guidelines adopted in EWMC 17.38.020. The design theme shall be disclosed at the time of site plan review in accordance with EWMC 17.38.110 by the submission of preliminary building elevation plans, architectural renderings, sign plan and descriptive text.
D. Sidewalks along streets designated as pedestrian-oriented shall be a minimum of 12 feet wide. Sidewalks along other designated street frontages shall be a minimum of six 6 feet wide.
E. Storage Standards. All storage shall be located within the same building as the primary use.
F. Display/Exhibits. The display of products or outdoor exhibits for public view or show is permitted; provided, that products for sale or rent may be stored or displayed outdoors only during business hours and that such products are not located within any pedestrian walkway, parking areas or rights-of-way.
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G. Refuse Storage. Refuse storage shall be in accordance with applicable provisions of the EWMC 17.72.120, the Design Standards and Guidelines, and subject to the minimum yard requirements of the district. (Ord. 07-05 § 6, 2007)
G.H. Design standards and guidelines. Development within this district must comply with the applicable sections of the Greater East Wenatchee Urban Growth Area Design Standards and Guidelines which are adopted by this reference as if fully set forth herein.
6. Findings of Fact and Conclusions of Law. The City Council adopts the Recitals
stated above as well as the findings of fact and conclusion of law as set forth in
Exhibit A.
7. Severability. If a court of competent jurisdiction declares any provision in this
Ordinance to be contrary to law, such declaration shall not affect the validity of the
other provisions of this Ordinance.
8. Publication. The City Council directs the City Clerk to publish a summary of this
Ordinance. The summary shall consist of the title of this Ordinance. The City
Council directs the City Clerk to publish a copy of this Ordinance on the City’s
website.
9. Submittal of Notice of Adoption. In accordance with RCW 36.70A.106, this
Ordinance shall be transmitted by the Community Development Director to the
Washington State Department of Commerce within 10 days of adoption.
10. Effective Date. This Ordinance becomes effective five days after the date its
summary is published.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this
__________ day of ______________________________, 2017.
The City of East Wenatchee, Washington By _________________________________ Steven C. Lacy, Mayor Authenticated: _____________________________________ City Clerk
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Approved as to form only: _____________________________________ Devin Poulson, City Attorney Filed with the City Clerk: __________ Passed by the City Council: __________ Published: __________ Effective Date: __________
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Summary of City of East Wenatchee, Washington Ordinance No. 2016-14 On the _____ day of _______________________________, 2017, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2016-14, the main point of which may be summarized by its title as follows:
An Ordinance of the City of East Wenatchee amending the East Wenatchee
Municipal Code Section 17.38.070 Neighborhood Commercial to increase the district
size limitation and correct text errors.
Una Ordenanza de la Ciudad de East Wenatchee se modifica el Wenatchee del
Código Municipal Sección 17.38.070 Barrio Comercial para aumentar el límite de
tamaño de distrito y los errores de texto correcto. The full text of this Ordinance is available at www.east-wenatchee.com. Dated this ______ day of ___________________________, 2017. _____________________________ City Clerk
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Exhibit A
FINDINGS OF FACT AND CONCLUSIONS OF LAW
FINDINGS OF FACT
1. The proposals under consideration are a joint city of East Wenatchee/Douglas County proposal to amend the East Wenatchee Municipal Code
a. Adding a new section EWMC 17.72.270 Density Standards to establish a minimum density standard for residential development within the residential and mixed-use zoning districts: providing for exceptions; describing a calculation process; and providing special provisions for properties not served by public sanitary sewer service
b. Miscellaneous amendments intended to provide more flexibility for design and development of residential projects to promote higher density in the urban area:
i. Amending Chapter 17.24 - Residential Low Density, Chapter 17.28 – Residential Medium Density and Chapter 17.32 – Residential High Density/Office District to reduce minimum lot dimensions, lot sizes and setbacks; increase building heights; clarify provisions relating to livestock and poultry.
ii. Amending Chapter 17.72 – General Provisions regarding accessory structures; projections into setbacks; lot size averaging provisions; reducing lots size minimums for accessory dwelling units; reducing lot frontage requirements; and reducing off-street parking for multi-family projects.
iii. Amending Chapter 17.08 – Definitions regarding lot lines, lot width, and lot types; adding new definitions and diagrams illustrating certain defined terms.
iv. Amending Chapter 17.38.070 - Neighborhood Commercial correcting inconsistencies and typographical errors.
2. The proposals will be applicable to properties within the city limits and in the unincorporated area within the urban growth area surrounding the city of East Wenatchee in Douglas County, Washington.
3. By this reference, the planning staff file of records, including the staff report, noticing documents and SEPA documents are entered into the record.
4. Douglas County and East Wenatchee have adopted a comprehensive plan in accordance with the provision of the Growth Management Act and RCW Chapter 36.70A.
5. RCW Chapters 36.70A authorize the adoption of and amendments to development regulations.
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6. The planning commissions are responsible for long-range planning matters and providing implementation recommendations to assure compliance with the GMA.
7. Proposed minimum density provisions were approved by the East Wenatchee Planning Commission (4-1) and the Douglas County Planning Commission (5-0) at a duly advertised joint-public hearing held on February 17, 2015. Advance notices of the hearing were published in the Wenatchee World and mailed or e-mailed to interested parties.
8. The planning commissions’ recommendation of approval was transmitted to the East Wenatchee City Council and Douglas County Board of Commissioners at a joint-public meeting held on March 24, 2015. Ordinance 2015-11 – Density Standards was not approved by either body and was remanded to the planning commission for further review and consideration.
9. Density Standard. A threshold determination and environmental review pursuant to RCW 43.21C the State Environmental Policy Act was completed and a Determination of Non-significance including a comment period was issued on January 23, 2015. The comment period for the Determination of Non-significance expired on February 9, 2015. The changes made to the proposed amendments since that determination did not materially change the effect of the proposal on the environment. It is the determination of the lead agency that the original DNS remains appropriate.
10. Miscellaneous Amendments. A Determination of Non-significance DNS was issued on April 22, 2016 in accordance with the provisions RCW 43.21C the State Environmental Policy Act. The comment period deadline ended on May 12, 2016. No comments were received
11. A Notice of Proposed Amendment and Request for Expedited Review was submitted to Commerce for both proposals on March 30, 2016. The Density Standard was assigned a Material ID # 22242. The Miscellaneous Amendments were assigned a Material ID # 22241. Expedited Review was granted on April 18, 2016.
12. The notice of intent to adopt amendments to the comprehensive plan and development regulations was submitted to Douglas County, City of Wenatchee, and Chelan County on April 20, 2016 requesting comments by May 14, 2016. No comments were received.
13. The proposed zoning text amendments related to Density Standards were discussed and reviewed by the City Planning Commission at public workshops on September 1, 2015, and November 3, 2015, December 2, 2015, and June 8, 2016. Advance notices of those public workshops were e-mailed to interested parties.
14. The proposed Miscellaneous Zoning Text Amendments were discussed and reviewed by the City Planning Commission at public workshops on November 3, 2013, December 2, 2015, and June 8, 2016. Advance notices of those public workshops were e-mailed to interested parties.
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15. The proposed Density Standard and Miscellaneous Zoning Text Amendments were discussed and reviewed by the Douglas County Planning Commission at public workshops on December 2, 2015 and June 8, 2016.
16. A public notice for the July 13, 2016 hearing was advertised in the Wenatchee World and Empire Press on June 28, 2016.
17. The East Wenatchee Planning Commission and Douglas County Planning Commission jointly held a public hearing on July 13, 2016 to consider the proposed amendments.
18. Proposed amendments to the East Wenatchee Municipal Code were recommended for approval in two motions by the East Wenatchee Planning Commission (4-2) and (6-0) and by the Douglas County Planning Commission (5-1) at a duly advertised joint-public hearing held on July 13, 2016. Advance notices of the hearing was published in the Wenatchee World and mailed or e-mailed to interested parties.
19. Douglas County and East Wenatchee coordinate in long-range planning within the Greater East Wenatchee Area. The Douglas County Regional Policy Plan, as amended, established the protocol for amendments.
20. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference
CONCLUSIONS
1. It is the determination of the responsible lead agency that no more than a moderate effect on the environment is a reasonable probability as a result of the proposed action. The proper exercise of the threshold determination process as required by WAC 197-11 is than an environmental impact statement is not required to be prepared for this project. The processing of the proposal complies with the procedural and substantive requirements of the State Environmental Policy Act, chapter 43.21C RCW and chapter 18.06 EWMC.
2. The proposed text amendments are consistent with and implement the goals and policies in the Greater East Wenatchee Area Comprehensive Plan and the Douglas County Regional Policy Plan.
3. Proper legal requirements of RCW 36.70A.106 and EWMC Title 19 were met and the community was given the opportunity to comment on the proposal at a duly noticed public hearing.
4. The proposed EWMC text amendments are consistent with and implement the goals and policies of RCW 36.70A the Growth Management Act.
5. The proposal will not be detrimental to the general public health, safety or welfare.
6. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference.
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