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HomeMy WebLinkAboutOrdinances - 2009-06 - Amending Ordinance No. 2006-24 for Tanglewood TownHomes Planned Unit Development, zero-lot line attatched single-family homes - 6/23/2009CITY OF EAST WENATCHEE, WASHINGTON ORDINANCE 2009-_ilia_ AN ORDINANCE OF THE CITY OF EAST WENATCHEE, WASHINGTON, AMENDING ORDINANCE 06-24 FOR THE PROJECT COMMONLY KNOWN AS TANGLEWOOD TOWNHOMES PLANNED UNIT DEVELOPMENT, TO PERMIT THE SUBDIVISION OF THE PROPERTY FOR ZERO- LOT LINE ATTACHED SINGLE-FAMILY HOMES, AND SETTING AN EFFECTIVE DATE. 1. Recitals a. 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; and b. The City Council of East Wenatchee ("City Council") finds that it is in the best interests of the City and its citizens to amend its Official Zoning Map. c. On June 2, 2009, the City of East Wenatchee Planning Commission ("Commission") held a public hearing to consider the proposed residential planned unit development and major subdivision. Following the public hearing, the Commission made written Findings of Fact and Conclusions of Law and recommended that the City Council amend the City's Official Zoning Map to approve the residential planned unit development. d. The Commission's Findings of Fact and Conclusions of Law are attached as Exhibit A. e. Authority L RCW 35A.62.100 authorizes the City Council to regulate the use of land within the City. n. Chapter 17.68 EWMC authorizes the City Council to approve, modify or reject any application for a planned unit development. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: Section 1: Section 2: Section 3: Purpose. Amend the City's Official Zoning Map with a planned unit development overlay to permit the subdivision of the subject property for ten zero-lot line, attached single-family homes in five buildings. Background. The City's Official Zoning Map is codified in Section 17.04.010 of the East Wenatchee Municipal Code. Amendment. The City Council amends the City's Official Zoning Map as follows. For the property located at 411 19th St. NE within Section 35, Township 23 N. Range 20 EWM in the City of East Wenatchee within Douglas County, Washington. The property is Lot 4, Bradford Short Plat, the zoning classification is ORDINANCE NO. loo'i ~a(,, Page 1of6 Section 4 : Section 5: Section 6: Section 7 : amended from R esidential Medium Density to Planned Unit Development. Exhibit B depicts the property described above. Zoning Map. The City Council instructs the Communinity Development Director to amend the City's Office Zoning Map to reflect the change from Residential Medium Density to Planned Unit Development. 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. 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 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 June 23, 2009. ATTEST/ AUTHENTICATED: DANA BARNARD, CITY CLERK APPROVED AS ? 'RM: f2 ~flk.L DEVIN POULSON, CITY ATTORNEY FILED WITH THE CITY CLERK: Dia lt~D"l PASSED BY THE ITY OUNCIL : d.o/2~_04 PUBLISHED: lJ ;;((o Ot1 1 EFFECTIVE DATE:.Jl] O 0 1 ORDINANCE NO. clooq -lJ\p ORDINANCE NO . t><{ -o!.P Page 2of6 SUMMARY OF ORDINANCE NO. 2009------ of the City of East Wenatchee, Washington On {)MiL ctS , 2009, the City Council of the City of East Wenatchee, Washington, approved Ordinance No. l!J1 -Dh , the main point of which may be summarized by its title as follows: AN ORDINANCE OF THE CITY OF EAST WENATCHEE, WASHINGTON, AMENDING ORDINANCE 06-24 FOR THE PROJECT COMMONLY KNOWN AS TANGLEWOOD TOWNHOMES PLANNED UNIT DEVELOPMENT, TO PERMIT THE SUBDIVISION OF THE PROPERTY FOR ZERO-LOT LINE ATTACHED SINGLE-FAMILY HOMES, AND SETTING AN EFFECTIVE DA TE. The full text of this Ordinance will be mailed upon request. 1 rrY DATED thisq_Q__ day of ORDINANCE NO. C)q-c;4i Page 3of6 [)!f/h.1.../ '2009. ~~ CITY CLERK, DANA BARNARD EXHIBIT A FINDINGS OF FACT 1. The subject property is located in a Residential Medium Density (R-M) Zoning District at 401 19th Street NE #4 in Section 35, Township 23 N., Range 20 EWM, in the City of East Wenatchee, Washington. 2. The fee owner of record for Assessor's Parcel #55800300510 is Sand Canyon Legends LLC. 3. The subject property is within the study area of the Greater East Wenatchee Area Comprehensive Plan (2006) and is designated as suitable for Residential Medium (R-M) density development. Recommended density in this designation is up to 15 dwelling units per acre. Gross density for the proposed project is 4 dwelling units per acre. 4. The subject property is located in Residential Medium Density (R-M) zoning district. EWMC 17.28 contains provisions relative to development in the R-M District. Single- family residential use is a permitted use in that district. 5. The proposed project is being processed as a Planned Unit Development under Chapter 17.68 EWMC. EWMC 17.68.030 states that land uses in a PUD may include any uses permitted outright or as a conditional use in the zone where the PUD is located. 6. Chapter 17.68 EWMC authorizes flexibility in the design of a PUD by modifying the building spacing, side yard setbacks, front yard setbacks, lot width and street standards. 7. The Douglas County Road Standards were adopted by the City of East Wenatchee on an interim basis on June 27, 2006. Those standards provide for deviation of the street standards based upon certain criteria. 8. 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 including: Douglas County Fire District #2; East Wenatchee Contract Engineer (City Engineer), East Wenatchee Street Department; East Wenatchee Water District; Douglas County Sewer District; Douglas Co. PUD; Chelan-Douglas Health District; Wenatchee Reclamation District. 9. A threshold determination and environmental review pursuant to RCW 4 3 .21 C the State Environmental Policy Act was completed and Mitigated Determination ofNon- significance (MDNS) was issued on August 16, 2007. The environmental review was conducted as part of the processing of the binding site plan. Since there is no change to the project other than the property ownership pattern, the MDNS is still valid. 10. The Applicant provided justification for the deviation from the adopted road standards and in support of the modifications to lot dimension requirements. 11. The public use and interest will be served by the platting of the proposed subdivision. 12. As conditioned, adequate provisions have been made for the required elements of RCW 58.17.110, specifically the public health, safety and general welfare and for the following: a. open space f. sanitary waste disposal b. drainage ways g. parks and recreation facilities ORDINANCE NO. ((;8.-olo Page 4of6 c. public and/or private rights-of-way h. playgrounds d. transit I. schools and school grounds e. potable water J. sidewalks 13. Public testimony was taken at the hearing. CONCLUSIONS OF LAW 1. As conditioned, the proposal will not be detrimental to the general public health, safety or welfare. 2. The proposed use is consistent with the Comprehensive Plan, goals, policies, land use designation, and density. 3. The requested modifications to the requirements of the R-M District will enable the subject property to be developed in a manner consistent with other lots in the vicinity and in the R-M Zoning District. 4. EWMC 17.68.330, 340, 350, and 380 provide guidance to the planning commission for modifications of the requirements of the underlying zoning for PUDs. The proposal provides adequate usable yard areas, low volume traffic flow, irregular lot configuration affording adequate privacy, perimeter setbacks consistent with the rear yard setback required in the R-M District to provide privacy for residents and neighboring properties which justify the modifications. 5. The Applicant has satisfied the requirements of Douglas County Road Standards 12.50.1 OO(D) for alternatives for deviation of the easement width and provision of sidewalks on one side of the street. 6. With the exception of the modification and deviations noted above, the proposed project complies with the requirements in EWMC Chapter 16.16 for Major Subdivisions and the Douglas County Road Standards. ORDINANCE NO. t)l\,-QW Page 5of6 ""C 0 ~ § OI Z ~~ n trl z 9 CJ ...s ) 0 E:)" I § ~I EQUIPMENT USED: Topcon Legocy E ond Hiper+ GPS Recievers Antennae: Topcon PGA-1 BASIS OF BEARINGS: Stole Plone Grid North ~ 0 ,. FOUND REBAR/CAP, LS. AS NOTED 0 • COMPUTm POSITION-NOT FOIJNO OR SET ····· THE LEDGENDS I CONDOMINIUMS AFN279602 f.{jT 2 ---------1--Ll 22963 ~ ~ I I d ~ / ·.:-: 34.1.92' -------. PRELIMINARY PLAT TANGLEWOOD TOWNHOMES PART OF S 1/2 SE 1/4 SECTION 35, TOWNSHIP 23 NORTH, RANGE 20 E.W.M. DOUGLAS COUNTY, WASHINGTON BSP 2007-02 ~ SCALE: 1"s5Q' GENERAL NOlES: I. TRACT A IS OESICNATEO AS COMMON AREA FOR ACCESS AND U11Ull£S ANO ....,U. SE MAINTAINED BY Tl.f£ OlllM:RS ASSOOATIOH. 2. 'TRACT BIS DESIGNATW AS COMMON AREA FOR ENJO't'MEHT OF OWS£AS l'llTHJH lHIS PLAT. THIS TRACT WU. 8E WJNTAINEO AND OPERATED 81' 1HE O'MIERS ASSOCIATION lllTH ACCESS lHROUQt »IE DCiJGNATEO 5' P6lESTRIAN EASEMEHT. 3. AU. SllPULAllON CXlHSIOC"Rm 81' THE REPORT FROM CORETTE AND ASSOCIATES SHAU. EE RECOGNZED. UNLESS A MlllGAllON Pl.AN IS LH PL.ACE-PROSPECTUS TOTAL AREA TOTAL LOTS LARCEST LOT SMAU.ESTLOT A'ifRACE LOT 108,92Sst(2.SOACAES) 51,000SF(1.17ACR£S} 6,615Sf" 4,541SF 5,100SF ELEVATION DATUM: OOUGLAS COUN1Y G.P.S CONTROL NETWORK BRASS CAP IN MONUMENT CASE AT 19th S1REET NE. ANO BAKER AVENUE LOCAL T.B.M. : NORTH CAP BOLT ON FIRE HYDRANT AT SOUTHWEST CORNER OF PROPERTY. ElEVA1lON 899.21 FEET. DESCRIPTION LOT 4, BRADFORD SHORT PLAT ACCORDING TO THE PLAT THEREOF RECOROED IN BOOK G AT PAGE 47, IN SECTION 35, TO'MllSHJP 23 NORTH, RANGE 20 EAST OF THE WILLAMETTE MERIOIAN. DOUGLAS COUNTY. WASHINGTON. ii ~ ! FNO. BRASS CIY' W % :5 ~. MONUl.IENTC4SE ,J~ -~U ·-~ I' ~965.23 JJ61l' ~ ___J/_ FND WON -v J5)J6. 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