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Home My WebLink AboutOrdinances - 2009-11 - Amending Ord. No. 89-05 for the Countryside Condominiums Project, Short Plat - 8/11/2009ORDINANCE NO. 2009- /� f AN ORDINANCE OF THE CITY OF EAST WENATCHEE, WASHINGTON, AMENDING ORDINANCE 89-05 FOR THE PROJECT COMMONLY KNOWN AS COUNTRYSIDE CONDOMINIUMS, TO PERMIT THE PROCESSING OF A SHORT PLAT TO ESTABLISH A SEPARATE LOT FOR THE EXISTING DETACHED SINGLE-FAMILY HOME, AND SETTING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: Section 1: Purpose. (1) On April 24, 1989, the City of East Wenatchee Planning Commission ("Commission") held a public hearing to consider an application submitted by Tom Carnevali, Joe Carnevali and Ed Dillon for final approval of a planned unit development (PUD) overlay zone for an existing multi -family housing project to allow the units to be converted to condominiums. Following the public hearing, the Commission made written findings and conclusions and recommended approval of the PUD. This recommendation, along with the minutes of the public hearing, was forwarded to the City Council. (2) On May 15, 1989, the City of East Wenatchee City Council. ("Council") conducted a public hearing to consider the recommendation of the Commission and subsequently approved Ordinance #89-05 granting final approval of the PUD. (3) On July 27, 2009 the Commission held a duly advertised public hearing. At this public hearing, the Commission considered a request from the property owner for an amendment to the Countyside Condos to permit the processing of a short plat that would create a separate lot for the existing detached, single-family home on the subject property. Following the public hearing, the Commission made written findings and conclusions and recommended that the City amend the PUD. This recommendation, along with the minutes of the public hearing, and the staff report was forwarded to the City Council. (4) On August 11, 2009, the City Council held a public meeting. At this public meeting, the City Council reviewed the Commission's recommendation to amend the Countyside Condo PUD and the Commission's findings and conclusions. Based upon this review, the City Council adopted the findings, conclusions, and recommendations of the Commission as the decision of the City Council. Section 2: Authority. EWMC 17.68.240 authorizes the City Council to amend planned unit developments. Ordinance 2009- Section 3: Amendment. The City Council amends Section 1 of Ordinance 89-5 to read as follows: The final development plans submitted by Tom Carnevali, Joe Carnevali, and Ed Dillon for a planned unit development designation of the existing townhouses on the southwest corner of Baker and 15`" Street, are amended to create a separate lot for the detached single-family home as depicted on the site plan map attached as Exhibit A. Section 4: Property Description: Incorporated by reference, the map attached as Exhibit A depicts the property subject to this ordinance. Section 5: Conditions, Findings of Fact and Conclusions. The City Council adopts the conditions, findings of fact and conclusions as set forth in Exhibit B. Section 6: 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. Section 7: 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 Section 8: 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 1 1+h day of Ai s� , 2009. (`TTV OF FACT WFNATCT4FF WA' M. ATTEST/AUTHENTICATED: &ML m �, Dana Barnard, City Clerk Approved as to form only: 7� Devin Poulson; City Attorney FILED WITH THE CITY CLERK:08/06/09 PASSED BY THE CITY COUNCIL: D$ r iOrf PUBLISHED: 4/ o1 EFFECTIVE DATE: 09 J1q10q ORDINANCE NO. 2009- If 2 Ordinance 2009- SUMMARY OF ORDINANCE NO. 2009- Of the City of East Wenatchee, Washington On the l day of 2009, the City Council of the City of East Wenatchee, Washington, passed Orditi6n6e No. 2009- i` I . A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EAST WENATCHEE, WASHINGTON, AMENDING ORDINANCE 89-05 FOR THE PROJECT COMMONLY KNOWN AS COUNTRYSIDE CONDOMINIUMS, TO PERMIT THE PROCESSING OF A SHORT PLAT TO ESTABLISH A SEPARATE LOT FOR THE EXISTING DETACHED SINGLE-FAMILY HOME, AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this /I day of t , 2009. CITY CLERK, DANA BARNARD Ordinance 2009-':'i N LEGEND: w B = FOUND BRASS CAP MONUMENT IN CASE ® = FOUND CONTROL MONUMENT AS NOTED Q = SET REBAR W/CAP L.S. #18077 S O = COMPUTED POSITION -NOT FOUND OR SET 1'=30® 0' 30, 60, 90' BEARING BASE SP #02-92 DWG. - SP DOC NE 1 /4, SW 1 /4, SEC 2, TWP 22N, •RGE 20 E WM REFERENCE SP #02-92 SK M, PG 150 OF SNORT PLATS AND COUNTRYSIDE CONDOMINIUM VOL M. PG 42 OF CONDOMINIUMS FOR ADDITIONAL CONTROLS. 0 a M COUNTRYSIDE CONDOS 1 SITE PLAN MAP 15TH ST. NE S B9'52'5V W 329.90' NEW LOT DETACHED SF HOME N 89'5 59" E 100.27 �Ro3' —^ LOT 1 SP D� 9722.34 SO, FT. " �+ #XX—XXX 0.13 •ACKF.5 � 0 7°1 CV 123' COUNTRYSIDE CONDO UNITS 5-8 CV ° m 0 17.9° HOUSE ZO.d 3 pp¢ o _ ° w 7298.0 SQ. FT. Z �1 0,1 7 ACRES 1C� }�( ® to N 89'55'19' E J 89 14' 86 E 1 GJe 31�s �� LL 0_ m COUNTRYSIDE CONDO UNITS 9-14®dry o Q 'D Jf— y� � 42682.84• F4. FT• �C W 3 D.99 ACRES 1- W V) jN+- ) .,� t p ., (m m N N �- 25.00, 12 STALL OFF STREET PARKING LOT N 89'57'28" E 140.01' 06400100401 JENNINGS FAMILY, LLC (LOT 4, BLOCK 1, COUNTRYSIDE CONDO UNITS 1-4 3 m m b � 0 N N 89'58W E 135.03' 06400100402 PATRIC MEINCRS SUB-DMSION) 30.00° Is pli El 15 LE 5f 54 TI w FM 01 RI Wi TA Wl TI, At Ti. TV RI All conditions imposed by the Hearing Body shall be binding on the "Applicant", which terms shall include the owner or owners of the property, heirs, assigns and successors. The Applicant is responsible for compliance with all applicable local, state and federal regulations. Development of the project shall comply with the requirements of the Residential Low Density (R-L) Zoning District except as modified by any deviations approved in the Planned Unit Development. Additional conditions will be included during the processing of the short plat. Development of the project shall comply with the requirements of the East Wenatchee Municipal Code. The Applicant is requesting an amendment to the Countryside Condos Planned Unit Development to permit the processing of a short plat to divide 1.16 acres into two lots. Lot 1 will contain 1 single-family home and Lot 2 will include the remaining 14 condominiums. The applicant requests a reduction in the lot depth requirement from 90 feet to 82 feet for Lot 1. The subject property is located at 150 15th St NE, legally described as Lot 2 of WNW Short Plat an Unit 18 of the Countryside Condominiums in Section 2, Township 22 N., Range 20 EWM, in the City of East Wenatchee, Washington. The fee owner of record for Assessor's Parcel # 04100000000 through 04100001800 is Matthew Warner. The subject property is within the study area of the Greater East Wenatchee Area Comprehensive Plan (2006) and is designated as suitable for Residential Low (RL) density development. Recommended density in this designation is up to 6 dwelling units per acre. Gross density for the proposed project is 15.517 dwelling units per 1.16 acres. The subject property is located in an existing Planned Unit Development (PUD) with an underlying zoning of Residential Low Density (R-L) . With the exception of the lot width for Lot 1, all lots meet the dimensional standards of the R-L Zoning District. 6. The proposed project is being processed as an amendment to the 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. 7. Chapter 17.68 EWMC authorizes the planning commission to provide flexibility in the design of a PUD by modifying the requirements for building spacing, side yard setbacks, front yard setbacks, and lot width . 8. The Planning Commission has considered the standards in EWMC 17.88.050 and the intent of EWMC 17.68.030, 040, and 050 with regards to the request to vary from the lot depth requirements of the EWMC 17.24.050(C). 9. The proposed lot depth for Lot 1 will provide adequate building spacing, increases available open space for the buildings, and improves privacy for the residents. The reduction in the lot depth is necessary due to special circumstances relating to the location of the existing buildings on the subject property. As such: a) The variance does not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is located; Ordinance 2009- 11 ■ The variance is necessary, because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; The granting of the variance will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is situated; and The variance is the minimum necessary to make reasonable use of the land, and buildings. 10. 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 Water District; Douglas County Sewer District; Douglas Co. PUD; Wenatchee Reclamation District, Chelan Douglas Health District, Department of Ecology and Douglas County Assessor. 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 July 20, 2009. 12. The public use and interest will be served by the amendment to the PUD and the short platting of the subject property. 13. As conditioned, adequate provisions have been made for the required elements of RCW 58.17.110 and EWMC 16.12.080, 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 c. public and/or private rights -of -way h. playgrounds d. transit i. schools and school grounds e. potable water j. sidewalks CONCLUSIONS As conditioned, the proposal will not be detrimental to the general public health, safety or welfare. The proposed use is consistent with the Comprehensive Plan, goals, policies, land use designation, and density. The requested variance to the requirements of the R-L District will enable the subject property to be developed in a manner consistent with other lots in the vicinity and in the R-L Zoning District. The proposal complies with the intent of EWMC 17.68.330, 340, and 350 for modifications of the requirements of the underlying zoning for PUDs. The proposal provides adequate usable yard areas, no increase in the volume of traffic flow, irregular lot configuration affording adequate privacy, perimeter setbacks consistent with the rear yard setback required in the R-L District to provide privacy for residents and neighboring properties which justify the modifications. With the exception of the variances, the proposed project complies with the requirements in EWMC Titles 16, 17, and 18. The proposal is justified by the findings of fact required by EWMC 17.88.050. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated by this reference. 2 Ordinance 2009-