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HomeMy WebLinkAboutOrdinances - 2019-13 - Amending the Official Zoning Map to change the designation of certain property located at 378 Eastmont Ave from Residential High Density/Office to Central Business District - 8/14/2019City of East Wenatchee, Washington Ordinance No. 2019-13 An Ordinance of the City of East Wenatchee amending the Official Zoning Map to change the designation of certain property located at 378 Eastmont Ave from Residential High Density/Office to Central Business District, containing a severability clause, and establishing an effective date. Una ordenanza de la ciudad de East Wenatchee que modifica el Mapa de Zonificación Oficial para cambiar la designación de ciertas propiedades ubicadas en 378 Eastmont Ave de Residencial de Alta Densidad / Oficina al Distrito Comercial Central, que contiene una cláusula de separación y establece una fecha de vigencia. 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 East Wenatchee Planning Commission held a public hearing on February 26, 2019 to consider a proposed comprehensive plan map amendment to change the designation of property located at 378 Eastmont Avenue from Residential High/Office Use to Central Business District (City File CPA 2018-02). The proposed map amendment received a recommendation of approval from the East Wenatchee Planning Commission and was subsequently approved by the City Council on April 2, 2019 with the passage of Ordinance 2019-05. 2.3. The application for the proposed zone change was submitted by Lenka Slapnicka, Forte Architects, on behalf of the property owner, 302-312 Ninth St Holdings, LLC. 2.4. The East Wenatchee Planning Commission held a public hearing on July 23, 2019 to consider an amendment to the Official Zoning Map to change the designation of the subject property from Residential High Density/Office to Central Business District. The proposed zoning map amendment received a recommendation of approval from the East Wenatchee Planning Commission with a unanimous vote in favor (Brawley, Jessup, Travis and Johnson). City of East Wenatchee Ordinance 2019-13 Page 2 of 6 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 Official Zoning Map in to change the land use designation of property located at 378 Eastmont Ave from Residential High Density/Office to Central Business District. 5. Legal Description. The legal description of the property is: Lot 1 of Binding Site Plan B2-95, in Douglas County, Washington, recorded April 2, 1996 in Book H of Short Plats, Page 421. The subject property is within Section 11 Township 22 N. Range 20 E. W. M. Assessor’s Parcel Number 40100003508. 6. Amendment. The City Council accepts the recommendation of the East Wenatchee Planning Commission and adopts the amendment to the 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 Zoning Map to change the zoning designation from Residential High/Office to Commercial Business District. The property currently has neighboring parcels to the south also designated as Commercial Business District. 7.1.2. The subject property is located at 378 Eastmont Ave., East Wenatchee, WA within Section 11 Township 22 N. Range 20 E. W. M and is Lot 1 of Binding Site Plan B2-95, in Douglas County, Washington. Assessor’s parcel number APN 40100003508. The fee owner is listed as 302-312 Ninth St Holdings, LLC. 7.1.3. The subject property is within the study area of the Greater East Wenatchee Area Comprehensive Plan (2019) and is designated as suitable for Central Business District commercial land uses. 7.1.4. On April 2, 2019, the subject property was approved for a change of the Comprehensive Plan Land Use Designation from Residential High Density/Office to Commercial Business District. 7.1.5. The Growth Management Act (GMA) requires comprehensive plans and development regulations to be consistent. 7.1.6. RCW Chapter 36.70A authorizes cities and counties to adopt and amend comprehensive plans and development regulations. City of East Wenatchee Ordinance 2019-13 Page 3 of 6 7.1.7. The planning commission is responsible for long-range planning matters and providing implementation recommendations to assure compliance with the GMA. 7.1.8. 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. 7.1.9. The East Wenatchee Planning Commission conducted a duly advertised public hearing on July 23, 2019. The Planning Commission entered into the record the files on this amendment, accepted public testimony, and deliberated the merits of the proposal. 7.1.10. 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 map designation for the subject property is consistent with and implements the goals and policies in the Greater East Wenatchee Area Comprehensive for designating the property for commercial business district. 7.2.2. 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. 7.2.3. 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. 7.2.4. Proper legal requirements of 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. 7.2.5. The proposed amendment has been processed in a manner consistent with the requirements of the Revised Code of Washington and the Washington Administrative Code. City of East Wenatchee Ordinance 2019-13 Page 6 of 6 Exhibit A