HomeMy WebLinkAboutOrdinances - 2019-06 - Amending the GEW area Comprehensive Plan Land Use Map and the Official Zoning Map to change the land use designation and zoning of certain property located at 300 9th St. NE from Low Residential to Residential High/Office - 4/2/2019City of East Wenatchee, Washington
Ordinance No. 2019-06
An Ordinance of the City of East Wenatchee amending the Greater East Wenatchee Area Comprehensive Plan Land Use Map and the Official Zoning Map to change the land use designation and zoning of certain property located at 300 9th St. NE from Low Residential to Residential High/Office, containing a severability clause, and establishing an effective date.
Una Ordenanza de la Ciudad de East Wenatchee que modifica el Mapa del Uso de la Tierra del Plan Integral del Área del Gran Este de Wenatchee y el Mapa Oficial de Zonificación para cambiar la designación del uso de la tierra y la zonificación de ciertas propiedades ubicadas en 300 9th St. NE de Low Residential a Residential High / Office, Contiene una cláusula de separabilidad, y establece una fecha de efecto.
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 Greater East Wenatchee Area Comprehensive Plan (GEWA) Land Use Map and the Official Zoning Map.
2.3. The application was initiated by the City of East Wenatchee on behalf of the property owner, East Wenatchee Investments, LLC, for a site-specific, comprehensive plan land use map amendment and a rezone to change the land use designation and zoning from Low Residential to Residential High/Office. The property has a split designation with part of the property designated Low Residential and part of it designated as Residential High/Office.
2.4. The East Wenatchee Planning Commission held a public hearing on February 26, 2019 to consider the proposed map amendment (City File CPA-ZC 2018-04). The proposed map amendments received a recommendation of
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approval from the East Wenatchee Planning Commission with a unanimous vote in favor (Birks, Brawley, Hunter, Jessup, Johnson, Palmer, and Travis).
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 amend the Greater East Wenatchee Area Comprehensive Plan Land Use Map and Official Zoning Map to change the land use designation and zoning of certain property located at 300 9th St. NE from Low Residential to Residential High/Office. This is a joint project with Douglas County.
5. Legal Description. The legal description of the property is: Lot 4 of Eastmont Plaza Short Plat #3010-01, in Douglas County, Washington, as per plat thereof recorded September 29, 2010 under Auditor File Number 3146439. The subject property is within Section 11 Township 22 N. Range 20 E. W. M. Assessor’s Parcel Number 40100001709.
6. Amendment. The City Council accepts the recommendation of the East Wenatchee Planning Commission and adopts the amendment to the Greater East Wenatchee Area Comprehensive Plan Map and Official Zoning Map as depicted on Exhibit A to this Ordinance and incorporated by this reference.
7. 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 below:
7.1. Findings of Fact;
7.1.1. A proposed amendment to the Greater East Wenatchee Area Comprehensive plan land use map and the East Wenatchee Official Zoning Map to change the land use designation and zoning from Low Residential to Residential High/Office. The property currently has a split designation with part of the property designated Low Residential and part of it designated as Residential High/Office.
7.1.2. The subject property is located at 300 9th St. NE, East Wenatchee, Douglas County, WA within S. 11, T. 22 N. R. 20 E. W. M. And is legally described as Lot 4, Eastmont Plaza Short Plat.
7.1.3. Assessor’s parcel number APN 40100001709. The fee owner is listed as East Wenatchee Investments, LLC.
7.1.4. The City of East Wenatchee and Douglas County have adopted the Greater East Wenatchee Area Comprehensive Plan in accordance with the provisions of the Growth Management Act and RCW Chapter 36.70A
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which covers the City and Douglas County unincorporated areas within the East Wenatchee Urban Growth Area Boundary.
7.1.5. Douglas County and East Wenatchee coordinate in long-range planning within the Greater East Wenatchee Area. This is a joint process with Douglas County. The amendments under consideration are all part of the comprehensive plan 2018 Annual Update process.
7.1.6. The subject property is within the study area of the Greater East Wenatchee Area Comprehensive Plan (2018) and has a split designation with part of the property designated for low residential development and part of it designated as residential high/office.
7.1.7. The subject property has a split zoning designation with part of the property designated for Residential Low Density development and part of it designated as Residential High/Office.
7.1.8. The Growth Management Act (GMA) requires comprehensive plans and development regulations to be consistent.
7.1.9. RCW Chapter 36.70A authorizes cities and counties to adopt and amend comprehensive plans and development regulations.
7.1.10. The planning commission is responsible for long-range planning matters and providing implementation recommendations to assure compliance with the GMA.
7.1.11. The proposal is an extension of an adjacent residential high/office land use designation and zoning designation.
7.1.12. A threshold determination and environmental review pursuant to RCW 43.21C the State Environmental Policy Act was completed, and a Determination of Non-significance was issued on January 11, 2019 with a comment period ending on January 28, 2019. On January 13, 2019, the DNS was advertised in The Wenatchee World and the property was posted. No comments were received indicating that the proposed project would have a probable significant adverse impact on the environment.
7.1.13. Copies of the proposal and environmental documents were sent to the Washington State Department of Commerce on December 18, 2018 initiating the 60-day review process required by RCW 36.70A.106. The review period terminated on February 18, 2019. No comments were received from any state agency.
7.1.14. The East Wenatchee Planning Commission conducted a duly advertised public hearing on February 26, 2019. The Planning Commission entered into the record the files on this amendment, accepted public testimony, and deliberated the merits of the proposal.
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7.1.15. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated by this reference.
7.2. Conclusions of Law:
7.2.1. The proposed change in the zoning and comprehensive plan land use designation for the subject properties is consistent with and implements the goals and policies in the Greater East Wenatchee Area Comprehensive for designating property for residential high/office use.
7.2.2. The proposal is being processed in accordance with provisions of the Douglas County Regional Policy Plan.
7.2.3. The public involvement process for the proposed amendments meets the standards anticipated by RCW Chapter 36.70A.140 and Resolution 2010-06. The public involvement component included the opportunity for oral and written comment, and testimony at public hearings advertised by legal notice, and the news media.
7.2.4. It is the determination of the 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.
7.2.5. Proper legal requirements of RCW 36.70A.106, title 19 EWMC, and Chapter 17.100 EWMC were met and the community was given the opportunity to comment on the proposal at a duly noticed open record public hearing.
7.2.6. The proposed amendment has been processed in a manner consistent with the requirements of the Revised Code of Washington and the Washington Administrative Code.
7.2.7. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated by this reference.
8. 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.
9. 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.
10. 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.
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Exhibit A