Loading...
HomeMy WebLinkAboutOrdinances - 2009-02 - Amending the GEWA Comprehensive Plan map, Rock Island Road, Amending Ordinance 2006-05 - 3/24/2009ORDINANCE NO. 2009-02 AN ORDINANCE OF THE CITY OF EAST WENATCHEE, WASHINGTON AMENDING THE GREATER EAST WENATCHEE AREA COMPREHENSIVE PLAN MAP; TO CHANGE THE LAND USE DESIGNATION ON 14 PARCELS OF LAND FROM RURAL RESOURCE 5 TO LOW DENSITY RESIDENTIAL AND INCLUDING SAID PROPERTIES IN THE URBAN GROWTH BOUNDARY; AND TO CHANGE THE DESIGNATION OF CERTAIN PROPERTIES ON ROCK ISLAND ROAD FROM NEIGHBORHOOD COMMERCIAL AND MEDIUM DENSITY RESIDENTIAL TO GENERAL COMMERCIAL; AMENDING ORDINANCE 06-05; AND SETTING AN EFFECTIVE DATE. Recitals 1. Preamble. The City of East Wenatchee ("City") is a non-charter code City duly incorporated and operating under the laws of the State of Washington. 2. Authority. a. Chapters 35A.63 and 36. 70A RCW authorize the City to adopt or amend comprehensive plans. b. RCW 36A.63.072 authorizes the City Council to modify a planning commission's recommendation on the adoption of or amendment to a comprehensive plan. 3. Background a. Douglas County in Resolution TLS 06-11 Band the City of East Wenatchee by Ordinance 06-05 adopted a revised Greater East Wenatchee Area Comprehensive Plan (GEWA) and map in accordance with the requirements of the Growth Management Act (GMA) (RCW 36. 70A.130) to review and, if needed, revise its comprehensive plan to ensure the plan complies with the requirements of the GMA. b. Douglas County adopted an amended Greater East Wenatchee Area Comprehensive Plan (GEWA) and map pursuant to the Growth Ordinance No. 2009-02 CPA 2008-0IA Pagel of9 Management Act (GMA), RCW Chapter 36.70A by Resolution TLS 08-02, which covers the Greater East Wenatchee Urban Area. c. The City Council of the City of East Wenatchee and the Douglas County Board of County Commissioners approved and duly executed an lnterlocal Agreement Between the City of East Wenatchee and Douglas County Regarding Annexation Delivery of Services and Revenue Sharing (Annexation ILA) which became effective on July 17, 2001. d. In Section 5 of the Annexation ILA, the City agreed to adopt the Greater East Wenatchee Area Comprehensive Plan and the City and County agreed to jointly, review, draft, and adopt future updates to the comprehensive plan. e. The East Wenatchee Planning Commission held a public workshop on September 11, 2008 to initiate the 60-day review process for an amendment to the GEWA including text and an expansion of the urban growth area boundary for East Wenatchee. f. The East Wenatchee Planning Commission held a public workshop on January 23, 2009 to review the comments received during 60-day review and consider several alternatives for the expansion of the East Wenatchee Urban Growth Area (UGA). g. The East Wenatchee Planning Commission held a duly advertised, public hearing on February 23, 2009, to consider amendments to the Greater East Wenatchee Area Comprehensive Plan text and map. At that hearing, staff recommended that the proposed expansion of the East Wenatchee urban growth area boundary be put on hold pending further review except for the map correction in the North Plateau area along Aviation Drive and the Rock Island Road properties. Following the public hearing on the two proposed map changes, the planning commission took action to recommend approval of the map amendments relating to the North Plateau lots and the properties on Rock Island Road and entered Ordinance No. 2009-02 CPA 2008-0lA Page2of9 findings and conclusions into the record in support of a recommendation for approval of the map amendments. h. In a letter submitted to the City Council and dated March 3, 2009, the Douglas County Board of Commissioners requested that the City Council consider a modification of the planning commission's recommendation and include portions of six other parcels of land for a designation change from Rural Resource 5 to Low Density Residential and expand the urban growth boundary to include the subject properties. The subject properties were within the UGA prior to the 2003 comprehensive plan amendment that removed parcels that were only partially within the UGA boundary. The County Commissioner's request was consistent with the request submitted by the County during the 60-day review process for the GEWA text and map amendment. i. The City Council at a public meeting on March 10, 2009, reviewed the record of the planning commission's public hearing and the request submitted by the Douglas County Commissioners. The only action taken at the meeting was first reading of the ordinance. j. On March 16, 2009, the City mailed a Notice of Public Meeting to the owners of property identified in the Douglas County Commissioners request and the owners of property within 300 feet of the subject properties. k. On March 19, 2009, the City received a letter from John J. Corning addressed to the Douglas County Commissioner requesting that parcels 2320232001 and 23202320010 be removed from consideration of inclusion in the UGA boundary. L On March 24, 2009, the City Council considered the Planning Commission's recommendations, the County Commissioner's requested modification, Mr. Corning's request and comments received from the public at the meeting. The City Council took action to modify the planning Ordinance No. 2009-02 CPA 2008-0lA Page 3 of9 commission recommendation to include the property requested for inclusion by the County Commissioners with the exception of property owned by Mr. Corning. The amendment to the Greater East Wenatchee Area Comprehensive Plan map is depicted on Exhibit B of this ordinance and supported by the findings of fact and conclusions as set forth in Exhibit A of this ordinance. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City Council of the City of East Wenatchee modifies the recommendation of the East Wenatchee Planning Commission and adopts the amended Greater East Wenatchee Area Comprehensive Plan map as set forth in Exhibit B to this Ordinance, and incorporated by this reference. Section 2. The decision of the City Council to adopt the Greater East Wenatchee Area Comprehensive Plan map amendments is based upon a State Environmental Policy Act (SEPA) Determination of Non-significance (DNS) and upon the findings of fact and conclusions as set forth in Exhibit A. Section 3. The Community Development Director shall forward this Ordinance to the Douglas County Regional Planning Commission and to the Douglas County Commissioners as provided in Chapter 14.32 of the Douglas County Code for their consideration. Following final action by the Douglas Commissioners relative to this proposal, the City Clerk shall publish this Ordinance or a summary thereof. This Ordinance shall take effect and be in full force five (5) days after this Ordinance or a summary thereof consisting of the title is published. APPRO)/{b: f Ordinance No. 2009-02 CPA 2008-0 l A Page 4 of9 ATTEST/AUTHENTICATED: CITY CLERK, DANA BARNARD FILED WITH THE CITY CLERK: 03 -bY -D°f PASSED BY THE CITY COUNCIL:03-Jit.f ~D°1 PUBLISHED: Olo-~~-O"'I EFFE CTIVE DATE: oto -;;_6 -t;1 ORDINANCE NO. ~oo"(-0 2- Ordinance No . 2009-02 CPA 2008-0 lA Page 5 of9 SUMMARY OF ORDINANCE NO. 2009-02 of the City of East Wenatchee, Washington On March 24, 2009, the City Council of the City of East Wenatchee, Washington, approved Ordinance No. 2009-02, the main point of which may be summarized by its title as follows: AN ORDINANCE OF THE CITY OF EAST WENATCHEE, WASHINGTON AMENDING THE GREATER EAST WENATCHEE AREA COMPREHENSIVE PLAN MAP; TO CHANGE THE LAND USE DESIGNATION ON 14 PARCELS OF LAND FROM RURAL RESOURCE 5 TO LOW DENSITY RESIDENTIAL AND INCLUDING SAID PROPERTIES IN THE URBAN GROWTH BOUNDARY; AND TO CHANGE THE DESIGNATION OF CERTAIN PROPERTIES ON ROCK ISLAND ROAD FROM NEIGHBORHOOD COMMERCIAL AND MEDIUM DENSITY RESIDENTIAL TO GENERAL COMMERCIAL; AMENDING ORDINANCE 06-05; AND SETTING AN EFFECTIVE DATE The full text of this Ordinance will be mailed upon request. DATED this ~day of ff/ {[J'c/I, , 2009. IJ{/)MJ~ CITY CLERK, DANA BARNARD Ordinance No. 2009-02 CPA 2008-0lA Page 6 of9 EXHIBIT A FINDINGS OF FACT 1. An amendment to the Greater East Wenatchee Area Comprehensive Plan land use designation map to change the land use designation on 14 parcels of land from rural resource 5 to low density residential and including said properties in the urban growth boundary; and to change the designation of certain properties on Rock Island Road from neighborhood commercial and medium density residential to general commercial.. 2. Witte & Columbia Pride Cold Storage Properties: The subject properties are identified below: PARCEL NUMBER PROPERTY OWNER ACRES LEGAL 22202410004 COLUMBIA PRIDE COLD STORAGE 1.84 Tax 8 in Gov't Lot 1 22202410003 WITTE ORCHARDS, INC .72 Tax 4 in Gov't Lot 1 Part of 22202410001 lying north of 22202410001 WITTE ORCHARDS, INC 16.7 State Hwy 3. Witte & Columbia Pride Cold Storage Properties. All of the subject properties are within the study area of the Greater East Wenatchee Area Comprehensive Plan with the following designations: a. Parcel# 22202410003 owned by Witte Orchards Inc. is designated as suitable for Neighborhood Commercial. b. Parcel #22202410004 owned by Columbia Pride Cold Storage Properties is designated as Medium Density Residential. c. Parcel# 22202410001 owned by Witte Orchards Inc. is designated as suitable for Medium Density Residential . All of the subject properties are proposed to be designated as general commercial with the map amendment. 4. Witte & Columbia Pride Cold Storage Properties: The subject properties are currently being used for commercial purposes that are listed as permitted uses in the General Commercial zoning district. The proposed change in the comprehensive plan land use designation for the subject properties is more consistent with the use of the subject property and implements the goals and policies in the comprehensive plan for commercial land use. Ordinance No. 2009-02 CPA 2008-0lA Page 7 of9 5. North Plateau Properties: The subject properties are within the study area of the Greater East Wenatchee Area Comprehensive Plan and are designated as Rural Resource 5. The subject properties are identified below: PARCEL NUMBER PROPERTY OWNER ACRES LEGAL 80300002300 ROCHA, VICENTE & MARIA 0.41 NORTH PLATEAU DIV 8 LOT 23 80300002400 MORROW, LINDA M & MERRILL D 0.37 NORTH PLATEAU DIV 8 LOT 24 CORTEZ JR, ROBERT & SHAWNA 80300002500 MARIE 0.43 NORTH PLATEAU DIV 8 LOT 25 80300002600 AGNEW, JENNIFER 0.39 NORTH PLATEAU DIV 8 LOT 26 80300002700 V & Z BUILDERS LLC 0.25 NORTH PLATEAU DIV 8 LOT 27 80300002800 LANE, ARTHUR J 0.24 NORTH PLATEAU DIV 8 LOT 28 80300002900 SIMMONS, JAKE & LESLIE 0.21 NORTH PLATEAU DIV 8 LOT 29 80300003000 HURT, JACK L 0.20 NORTH PLATEAU DIV 8 LOT 30 80300003100 JOHNSON, KENNETH R & ILENE M 0.20 NORTH PLATEAU DIV 8 LOT 31 80300003200 AVEY, LACEY J & 0.19 NORTH PLATEAU DIV 8 LOT 32 NORTH PLATEAU DIV 8 TRACT 80300000003 NORTH PLATEAU PROPERTIES 1.92 c 6. North Plateau Properties: The subject properties are currently being used for single-family residential purposes within an established neighborhood. The proposed change in the comprehensive plan land use designation for the subject properties is more consistent with the use of the subject property and implements the goals and policies in the comprehensive plan for commercial land use. This is a map correction. 7. Modified Map Amendment. The properties included as the modified UGA expansion proposal includes properties that were within the UGA as adopted on April 17, 1996. The subject properties were removed by a map amendment processed in 2003. The area to be included in the UGA is a portion of the properties listed below. The "Legal" column represents a description of that portion of the property to be included in the UGA. PARCEL NUMBER PROPERTY OWNER ACRES LEGAL The W 237 feet of the W Y, of the W Y, of 23202610002 CIGROUP LLC 18 the NE% of Sec. 26 T 23N., R 20 E.W.M. The W 237 feet of Tax Parcel 14 and a 23202640010 MAY, REX B 5.8 triangle following the base of the slope. The W 1305 feet of the N Y, of the SE % of WESTERN PACIFIC TIMBER Sec. 36, T 23N, R 20 E.W.M laying east of 23203640001 LLC 38 Badger Mtn. Road 8. Modified Map Amendment. The subject properties are within the study area of the Greater East Wenatchee Area Comprehensive Plan and are designated as Rural Resource 5. The map amendment will designate the subject properties as Low Density Residential. 9. Chapter 14.32 of the Douglas County Code establishes the process for comprehensive plan amendments and development regulation amendments. Ordinance No. 2009-02 CPA 2008-0lA Page 8 of9 10. The proposals under consideration were originally part of a major update and revision to the Greater East Wenatchee Area Comprehensive Plan and the urban growth area. The subject properties have been singled out for continued processing of the UGA map amendment while the larger proposal is put on hold pending further review. 11. A threshold determination and environmental review pursuant to RCW 43.21 C the State Environmental Policy Act was completed and a Determination of Non- significance was issued on February 6, 2009 with a 14-day comment period. Copies of the application materials and environmental documents were sent to agencies with jurisdiction and commenting agencies requesting their review and comment on the proposed project. No comments were received indicating that the proposal would have a probable significant adverse impact on the environment. The properties included in the modified map amendment were included in the original SEPA review and EIS completed 1996. 12. The City of East Wenatchee has adopted a Comprehensive Plan pursuant to the Growth Management Act (GMA), RCW Chapter 36.70A, which is a generalized, coordinated land use policy statement of the City. 13. RCW 36. 70A.106 requires submittal of amendments to comprehensive plans and development regulations to the Washington State Department of Community, Trade and Economic Development (CTED) and other state and local agencies for a 60-day review. The proposal was submitted to CTED on September 16, 2008. The review period terminated on November 17, 2008. No comments were received from any state agencies. The proposed amendment is in response to comments received during 60-day Review. 14. No public testimony was offered relative to the proposal at the hearing. 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. 2. Proper legal requirements of RCW 36.70A.106 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. 3. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated by this reference. Ordinance No. 2009-02 CPA 2008-01 A Page 9 of9 2009 East Wenatchee UGB and Map Amendments 1···-···-···1 L .. _ .. ,_J 2008 Urban Growth Boundaries D 2003 Urban Growth Boundary East Wenatchee Map Amendments -General Commercial D Low Residential Note: This map is Intended for general information purposes ooly. Douglas County makes no clai m as to the accu racy or current condition of the data shown on th is map. + 500 1,000 I w ~ II) ~ er: .., II) 2,000 3,000 [FLORA ST SE-~ 9 4,000 Feet ~ (.) ~---1 z w ~ II) T23 R2' 31 ~ Douglas County ~ 'Transportation & Land Services ;e Pub1 1c services suilding • f 140-19TH ST NW, Suite A ,.._ East Wenatchee, WA 98802 (509) 884-7173 BOARD OF COUNTY COMMISSIONERS DOUGLAS COUNTY, WASHINGTON Ordinance No. TLS 09-04-24C Amendments to the Greater East Wenatchee Comprehensive Plan ) ) LAND SERVICES WHEREAS, Douglas County has adopted a Comprehensive Plan pursuant to the Growth Management Act (GMA), RCW Chapter 36. 70A, which covers all unincorporated areas within Douglas County, through a series of planning area Comprehensive Plans which were found to be consistent with each other and with the adopted GMA plans of adjoining jurisdictions; and WHEREAS, Douglas County and the City of East Wenatchee have agreed to plan jointly within the unincorporated area of the East Wenatchee Urban Growth Boundary consistent with the GMA and Douglas County Regional Policy Plan ; and WHEREAS, the East Wenatchee Planning Commission transmitted a recommendation to the City Council recommending amendments to the Greater East Wenatchee Comprehensive Plan; and · WHEREAS, the City of East Wenatchee City Council has drafted Ordinance No. 2009- 02 and Ordinance no. 2009-04which will become effective following final action by Douglas County and five (5) days after the Ordinance or a summary thereof consisting of the title is published; and WHEREAS, the Douglas County Planning Commission has transmitted a recommendation to this Board regarding amendments to the Greater East Wenatchee Comprehensive Plan; and · WHEREAS, the Douglas County Board of Commissioners rejected components of the Planning Commission recommendation and set a date, time, and location for a public hearing; and WHEREAS, notice of all public hearings and public meetings on these matter have been published according to law. WHEREAS, Ordinance TLS 09-03-22D and Ordinance TLS 09-04-24C taken together constitute the conclusion of the 2008 Comprehensive Plan Update process; and NOW, THEREFORE, the Board of County Commissioners hereby adopts the Findings of Fact and Conclusions as set forth in Exhibit A and incorporating them in this resolution by this reference as though fully set forth herein. Ordinance No. TLS 09-04-24C 1 BE IT FURTHER, hereby resolved and ordained that the Board of County Commissioners adopt the amendments to the Greater East Wenatchee Comprehensive Plan as set forth in Exhibit B. This resolution shall be effective immediately. Dated this 1 gth day of May 2009 in Waterville, Washington. ATTEST: Ordinance No. TLS 09-04-24C BOARD OF COUNTY COMMISSIONERS DOUGLAS COUNTY, WASHINGTON 22?~,:<LJ Ken Stania~ 2 EXHIBIT A Findings of Fact: 1 . An amendment to the Greater East Wenatchee Area Comprehensive Pian land use designation map to change the land use designation on 14 parcels of land from rural resource 5 to low density residential and including said properties in the urban growth boundary; and to change the designation of certain properties on Rock Island Road from neighborhood commercial and medium density residential to general commercial .. 2. Witte & Columbia Pride Cold Storage Properties: The subject properties are identified below: PARCEL NUMBER PROPERTY OWNER ACRES LEGAL 22202410004 COLUMBIA PRIDE COLD STORAGE 1.84 Tax 8 in Gov't Lot 1 22202410003 WITTE ORCHARDS, INC .72 Tax 4 in Gov't Lot 1 Part of 22202410001 lying north of 22202410001 WITTE ORCHARDS, INC 16.7 State Hwy 3. Witte & Columbia Pride Cold Storage Properties. All of the subject properties are within the study area of the Greater East Wenatchee Area Comprehensive Plan with the following designations: a. Parcel # 22202410003 owned by Witte Orchards Inc. is designated as suitable for Neighborhood Commercial. b. Parcel #22202410004 owned by Columbia Pride Cold Storage Properties is designated as Medium Density Residential. c. Parcel# 22202410001 owned by Witte Orchards Inc. is designated as suitable for Medium Density Residential. All of the subject properties are proposed to be designated as general commercial with the map amendment 4. Witte & Columbia Pride Cold Storage Properties: The subject properties are currently being used for commercial purposes that are listed as permitted uses in the General Commercial zoning district. The proposed change in the comprehensive plan land use designation for the subject properties is more consistent with the use of the subject property and implements the goals and policies in the comprehensive plan for commercial land use. 5. North Plateau Properties: The subject properties are within the study area of the Greater East Wenatchee Area Comprehensive Plan and are designated as Rural Resource 5. The subject properties are identified below: PARCEL NUMBER PROPERTY OWNER Ordinance No. TLS 09-04-24C ACRES LEGAL 3 80300002300 ROCHA, VICENTE & MARIA 0.41 NORTH PLATEAU DIV 8 LOT 23 80300002400 MORROW, LINDA M & MERRILL D 0.37 NORTH PLATEAU DIV 8 LOT 24 CORTEZ JR, ROBERT & SHAWNA 80300002500 MARIE 0.43 NORTH PLATEAU DIV 8 LOT 25 80300002600 AGNEW, JENNIFER 0.39 NORTH PLATEAU DIV 8 LOT 26 80300002700 V & Z BUILDERS LLC 0.25 NORTH PLATEAU DIV 8 LOT 27 80300002800 LANE, ARTHUR J 0.24 NORTH PLATEAU DIV 8 LOT 28 80300002900 SIMMONS, JAKE & LESLIE 0.21 NORTH PLATEAU DIV 8 LOT 29 80300003000 HURT, JACK L 0.20 NORTH PLATEAU DIV 8 LOT 30 80300003100 JOHNSON, KENNETH R & ILENE M 0.20 NORTH PLATEAU DIV 8 LOT 31 80300003200 AVEY, LACEY J & 0.19 NORTH PLATEAU DIV 8 LOT 32 NORTH PLATEAU DIV 8 TRACT 80300000003 NORTH PLATEAU PROPERTIES 1.92 c 6. North Plateau Properties: The subject properties are currently being used for single-family residential purposes within an established neighborhood. The proposed change in the comprehensive plan land use designation for the subject properties is more consistent with the use of the subject property and implements the goals and policies in the comprehensive plan for commercial land use. This is a map correction. 7. Modified Map Amendment. The properties included as the modified UGA expansion proposal includes properties that were within the UGA as adopted on April 17, 1996. The subject properties were removed by a map amendment processed in 2003. The area to be included in the UGA is a portion of the properties listed below. The "Legal" column represents a description of that portion of the property to be included in the UGA. PARCEL NUMBER PROPERTY OWNER ACRES LEGAL The W 237 feet of the W Y:i of the W Y:i of 23202610002 CIGROUP LLC 18 the NE Y.. of Sec. 26 T 23N., R 20 E.W.M. The W 237 feet of Tax Parcel 14 and a 23202640010 MAY, REX B 5.8 triangle following the base of the slope. The W 1305 feet of the N Y:i of the SE Y.. of WESTERN PACIFIC TIMBER Sec. 36, T 23N, R 20 E.W.M laying east of 23203640001 LLC 38 Badger Mtn. Road 8. Modified Map Amendment. The subject properties are within the study area of the Greater East Wenatchee Area Comprehensive Plan and are designated as Rural Resource 5. The map amendment will designate the subject properties as Low Density Residential. 9. Chapter 14.32 of the Douglas County Code establishes the process for comprehensive plan amendments and development regulation amendments. 10. The proposals under consideration were originally part of a major update and revision to the Greater East Wenatchee Area Comprehensive Plan and the urban growth area. The subject properties have been singled out for continued processing of the UGA map amendment while the larger proposal is put on hold pending further review. 11. A threshold determination and environmental review pursuant to RCW 43.21 C the State Environmental Policy Act was completed and a Determination of Non- significance was issued on February 6, 2009 with a 14-day comment period. Ordinance No. TLS 09-04-24C 4 Copies of the application materials and environmental documents were sent to agencies with jurisdiction and commenting agencies requesting their review and comment on the proposed project. No comments were received indicating that the proposal would have a probable significant adverse impact on the environment. The properties included in the modified map amendment were included in the original SEPA review and EIS completed 1996. 12. The City of East Wenatchee has adopted a Comprehensive Plan pursuant to the Growth Management Act (GMA), RCW Chapter 36.70A, which is a generalized, coordinated land use policy statement of the City. 13. RCW 36.70A.106 requires submittal of amendments to comprehensive plans and development regulations to the Washington State Department of Community, Trade and Economic Development (CTED) and other state and local agencies for a 60-day review. The proposal was submitted to CTED on September 16, 2008. The review period terminated on November 17, 2008. No comments were received from any state agencies. The proposed amendment is in response to comments received during 60-day Review. 14. No public testimony was offered relative to the proposal at the City of East Wenatchee City Council hearing. 15. The subject property is located at 1568 Grant Road, East Wenatchee, WA and is legally described as Lot 6, Block 1 of the Pearcot Addition in Section 13, Township 22 N, Range 20 EWM, Douglas County, Washington. 16. The proposal is an application for an amendment to the Greater East Wenatchee Area Comprehensive Plan land use designation map and the official zoning map to change the designation of a .28 acre parcel of land from Residential Low Density to Neighborhood Commercial. The subject property is adjacent to property already zoned Neighborhood Commercial. 17. The subject property is identified as Douglas County Assessor's Parcel #, 78500100600. The fee owner of record is listed as Arnulfo S. and Hilda M. Arceo. 18. The subject property is within the study area of the Greater East Wenatchee Area Comprehensive Plan and is designated as suitable for Residential Low (R- L) density development. Adjacent property to the east is designated as suitable for Neighborhood Commercial. 19. The comprehensive plan and zoning ordinance include criteria for the designation of land for Neighborhood Commercial: a. Site size no larger than 2 acres, and situated to have minimal impact on surrounding residential areas b. b. Sites should be located in residential areas inside of an urban growth area; are at least one mile from the 'Central Business District' designation and one half mile from any other site designated 'Neighborhood Commercial'; c. These sites will be located on either a collector or arterial street; Ordinance No. TLS 09-04-24C 5 d. Structures should generally be designed on a pedestrian-scale (two stories or less) and promote pedestrian activity while providing facilities for local automobile traffic; and e. Shared parking between adjacent uses will be by written agreement. Parking will be designed and located so as to enhance pedestrian activity .. 20. The subject property is adjacent to an C-N designation and with the inclusion of this property that development area will be no more than 2 acres in size. The property is located in the urban growth area on an arterial street. The development includes shared parking. The proposal is consistent with the designation criteria in the comprehensive plan. 21 . 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 comprehensive plan for commercial land use. Chapter 17.1 00 and Chapter 19.08 of the EWMC outline the process for amending the comprehensive plan and/or the zoning ordinance. The proposal was processed in accordance with those requirements. 22. 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 February 6,2009 with a 14-day comment period. Copies of the application materials and environmental documents were sent to agencies with jurisdiction and commenting agencies requesting their review and comment on the proposed project. No comments were received indicating that the proposal would have a probable significant adverse impact on the environment. 23. The City of East Wenatchee has adopted a Comprehensive Plan pursuant to the Growth Management Act (GMA), RCW Chapter 36.70A, which is a generalized, coordinated land use policy statement of the City. 24. RCW 36.70A. 106 requires submittal of amendments to comprehensive plans and development regulations to the Washington State Department of Community, Trade and Economic Development (CTED) and other state and local agencies for a 60-day review. The proposal was submitted to CTED on September 16, 2008. The review period terminated on November 17,2008. No comments were received. 25. The Douglas County Planning Commission issued a Notice of Public hearing on April 2, 2009. 26. The Douglas County Planning Commission conducted an advertised public hearing on April 15, 2009. The Planning Commission entered into the record the files on this amendment, accepted public testimony, and deliberated the merits of the proposal. Ordinance No. TLS 09-04-24C 6 27. The Douglas County Planning Commission has reviewed the entire record including the goals and policies of the comprehensive plan and public testimony as it relates to the proposed development regulations. 28. The Board of Commissioners signed Resolution number TLS 09-24A on April 21, 2009 which set the date for an May 5, 2009 public meeting to consider three Planning Commission recommendations regarding proposed amendments to the Greater East Wenatchee Comprehensive Plan. 29. Resolution TLS 09-24A was published in the Empire Press on April 23, 2009, in the Wenatchee World on April 24, 2009, and to interested parties. 30. At the May 5, 2009 public meeting, the Board of Commissioners received public comment on the Planning Commission recommendations. The Board continued a map amendment request submitted by Arnulfo Arceo for decision only until May 19, 2009 and rejected the Planning Commission recommendation for amendments to the Urban Growth Boundary and to the Witte Orchards, Inc. fruit packaging facility and signed Resolution 09-24B setting a public hearing for May 19, 2009. 31. Resolution 09-248 was published in the Empire Press on May 7, 2009, in the Wenatchee World on May 8, 2009 and mailed to interested parties. 32. At the May 19, 2009 public hearing, the Board of Commissioners received public comment. 33. Should a commercial building permit application be submitted for the expansion of the Witte Orchard's Inc. cold storage and packing facility, the application would be subject to environmental review pursuant to the State Environmental Policy Act, RCW Chapter 43.21; and full administrative review under Title 14 of DCC, which includes a mandatory public notice and comment period. 34. Commercial development within the General Commercial Zoning District, EWMC 17.42, requires the submittal and approval of site plans and installation of improvements consistent with the landscaping and screening standards of Section 17.42.070, the storage standards of 17.42.050E, offstreet parking standards of 17.42.060, and design standards and guidelines of 17.42.090 of the East Wenatchee Municipal Code; traffic and stormwater impacts are evaluated under Title 12 Roads and Bridges and Title 19 Environment, under Douglas County Code; noise standards are established under Chapter 8.04 Douglas County Code, administered by the Douglas County Sherriffs Office; Light and glare impacts are evaluated under Section 18.16.27 Douglas County Code. 35. Establishment of General Commercial Zoning on the site to implement a change of the comprehensive plan would require the submittal of a site specific rezone application by the property owner. Prior to the submittal of such an application, the property owner would be required to conduct a neighborhood meeting in conformance with 14.08.012 Neighborhood Meetings, Douglas County Code. Ordinance No. TLS 09-04-24C 7 Commercial development within a General Commercial Zoning District and adjacent to a residential zoning district, also requires that the applicant conduct a neighborhood meeting prior to commercial building permit application submittal. 36. The Witte Orchard's Inc. packing and cold storage facility are currently served by public sewer service via a private trunk line extending to a sewer main owned by the Douglas County Sewer District. 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. 2. Proper legal requirements of RCW 36.70A.106 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. 3. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated by this reference. Ordinance No. TLS 09-04-24C 8 EXHIBIT B Ordinance No. TLS 09-04-24C 9 2009 East Wenatchee UGB and Map Amendments 111•-•11-•111 L,_..,_j 2008 Urban Growth Boundaries CJ 2003 Urban Growth Boundary East Wenatchee Map Amendments -General Commercial D Low Residential Note: This map is Intended for gen~a l Information pu rposes only. Douglas Cou nty makes no claim u t o ttie accuracy or current condtion oftt"le data shown on !his map.. N A 500 1,000 I w ~ 2,000 3,000 Ordinance 2009-02 Exhibit B [FLORA ST SE-~ 9 4,000Feet ~ u ::::i ---1 1-z w ~ rn T23 R21 31 ~OouglasCounty ~~ "".Transportation & Land Services r~.PublicSeivicesBuilding ~h40-19THSTNVV, Suite A "-~East Wenatchee, WA 98802 -~{509)884-7173 • . . ·• I -:..li ••• fr. _f --'' ,. ... --.... - 1"=200' I ~ 4 • . •.i ,.. ( • . • I' •I :--r- 1