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HomeMy WebLinkAboutOrdinances - 2015-08 - Amending section 17.38.060 of the EWMC to modify the Neighborhood Commercial Zoning District - 3/24/2015City of East Wenatchee, Washington Ordinance No. 2015-08 An Ordinance of the City of East Wenatchee amending Section 17.38.060 of the East Wenatchee Municipal Code to modify the Neighborhood Commercial Zoning District size and location criteria. Una Ordenanza de la Ciudad de East Wenatchee enmendando la Sección 17.38.060 del Código Municipal de East Wenatchee para modificar los criterios de tamaño y ubicación Barrio Comercial Zonificación del Distrito. 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 and the Douglas County Planning Commission held a duly advertised, public hearing on February 17, 2015, to consider proposed text amendments to the East Wenatchee Municipal Code. Following the public hearing, the planning commissions separately took action to recommend approval of the text amendments and entered findings and conclusions into the record in support of their recommendation. The vote of the Douglas County Planning Commission was unanimously in favor (5-0). The vote of the East Wenatchee Planning Commission was 4 in favor (Birks, Hill, Mott, Everett) and 1 (Nelson) opposed. 2.3. On March 24, 2015, the City Council of East Wenatchee (“City Council”) and Douglas County Board of County Commissioners held a public workshop to review the record of the planning commissions’ public hearing. 2.4. On March 24, 2015, the City Council and the Douglas County Commissioners held a public meeting to consider the planning commissions’ recommendation. City of East Wenatchee Ordinance 2015-08 Page 2 of 10 2.5. The City Council finds that it is in the best interests of the City and its citizens to increase the site size and location criteria for Neighborhood Commercial Zoning Districts. 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 provide greater flexibility in the siting of Neighborhood Commercial areas by increasing the maximum size and allowing that designation to be established on more than one quadrant of an intersection. 5. Amendment. The City Council amends Section 17.38.060 of the East Wenatchee Municipal Code to read as follows: 17.38.060 Dimensional standards. The following are dimensional standards in the NC district: A. District Size and Location. 1. Maximum district size: two five acres, excluding public street rights-of-way; 2. Location. The NC district shall be located on a road or street designated as a collector or arterial; 3. An NC district shall be designed and located in only one quadrant ofprimarily as a node at intersecting roads. NC district sites shall be topographically suited to such use, without major earth movement which results in unsafe or unsightly cut or fill slopes; 4. Sites should be located in residential areas at least one mile from a CBD district and one-half mile from any other NC district. B. Minimum lot area: none, except as required by other provisions of the EWMC. C. Area Requirements. 1. Minimum lot width in the NC district shall be 70 feet for an interior lot and 150 feet of contiguous frontage in both directions as measured from the centerpoint of the intersection of public rights-of-way for corner lots; 2. Maximum impervious surface coverage: 80 percent; 3. Maximum Floor Area per Business Use. Each business enterprise, in either a single-occupancy building or multiple-occupancy building, shall not exceed 5,000 square feet of gross floor area; 4. Floor area ratio: 1.5 square feet of building floor area, not including parking, for each one square foot of district size. City of East Wenatchee Ordinance 2015-08 Page 5 of 10 Exhibit A Findings of Fact and Conclusions of Law Findings of Fact 1. Amend the Greater East Wenatchee Area Comprehensive Plan (GEWA) (text and maps) including Chapters 1-8 and Chapter 10 and including a new Appendix B containing a Combined Capital Facilities Plan. This proposal is an area-wide map amendment changing the land use designations for various properties including an expansion of the urban growth area (UGA) boundary for East Wenatchee. The expansion of the urban growth area boundary will also result in an amendment to the Douglas County Countywide Plan and zoning map to change the designation of properties that will be included in the expanded urban growth area. This project has been in process for several years and is considered to be part of the 2014 annual review of the comprehensive plan. 2. Amend the East Wenatchee Municipal Code within Chapter 17 - the Zoning Code and are intended to implement the amendments in the GEWA. The amendments include a. New Section - 17.72.260 Required Use of Public Sanitary Sewer System. b. New Section - 17.72.270 Density Standards c. New Chapter - Chapter 17.73 Open Space Standards d. New Chapter - Chapter - 17.43 C-L Light Commercial District e. Amendment to EWMC 17.38.060 Dimensional Standards for the NC – Neighborhood Commercial Zoning District 3. The proposal will be applicable to properties within the city limits and in the unincorporated area within the urban growth area surrounding the city of East Wenatchee in Douglas County, Washington as well as properties that are immediately adjacent to the UGA since this proposal includes an expansion of the UGA. 4. Douglas County and East Wenatchee have adopted a comprehensive plan in accordance with the provisions of the Growth Management Act and RCW Chapter 36.70A. 5. RCW Chapters 36.70A authorize the adoption of amendments to comprehensive plans and development regulations. 6. The planning commissions are responsible for long-range planning matters and providing implementation recommendations to assure compliance with the GMA. 7. A threshold determination and environmental review pursuant to RCW 43.21C the State Environmental Policy Act was completed and a Determination of Non- significance including a comment period was issued on January 23, 2015. The City of East Wenatchee Ordinance 2015-08 Page 6 of 10 comment period for the Determination of Non-significance expires on February 9, 2015. 8. A 60-day notice of intent to adopt amendments to the comprehensive plan and development regulations was submitted to Washington State Department of Commerce (Commerce) and other state agencies for review of the proposal on September 30, 2014. The deadline for comments was December 1, 2014. Commerce assigned Material ID 20671 to the proposal. 9. The notice of intent to adopt amendments to the comprehensive plan and development regulations was submitted to Douglas County, East Wenatchee Water District, Douglas County Sewer District, City of Wenatchee, and Chelan County on September 30, 2014 requesting comments by December 1, 2014. 10. RCW Chapter 36.70A.110 requires the periodic review and update (if necessary) of urban growth area (UGA) boundaries on at least a 10 year cycle to determine if there is sufficient land within the UGA to accommodate the growth projected to occur in the 20-year planning horizon. 11. The Douglas County Regional Policy Plan recommends a review of UGA boundaries every 7 years. 12. A Land Capacity Analysis was conducted in compliance with the process outlined in WAC 365-195-335 and the Douglas County Regional Policy Plan. That analysis concluded that there is insufficient vacant land within the existing UGA to accommodate the projected growth over the next 20 years. 13. The East Wenatchee Planning Commission held public workshops on May 1, 2013, May 22, 2013, and June 12, 2013 to develop a preliminary preferred alternative for expansion of the UGA. Advance notices of those public workshops were published in the Wenatchee World and mailed to area property owners. 14. The preliminary preferred alternative, comprehensive plan amendments, and combined capital facilities plan were discussed and reviewed by the East Wenatchee Planning Commission at a public workshop on June 18, 2013. Advance notice of the public workshop was published in the Wenatchee World and mailed and e-mailed to interested parties. 15. The preliminary preferred alternative, comprehensive plan amendments, and combined capital facilities plan was discussed and reviewed by the East Wenatchee City Council and Douglas County Commissioners at a public workshop on June 25, 2013. Advance notice of the public workshop was published in the Wenatchee World. 16. The proposed zoning text amendments were discussed and reviewed by the City Planning Commission at public workshops on July 17, 2012, August 7, 2012, December 4, 2012, September 3, 2013, November 5, 2013, December 2, 2014 and on January 20, 2015. Advance notices of those public workshops were published in the Wenatchee World and or mailed and e-mailed to interested parties. City of East Wenatchee Ordinance 2015-08 Page 7 of 10 17. At a public workshop on November 5, 2013, the City Planning Commission expanded the preliminary preferred alternative UGA expansion area to include 22 aces east of the Canyon Hills subdivision and approximately 86 acres north of 10th Street NE and east of Kentucky Avenue. Advance notice of the public workshop was mailed and e-mailed to interested parties. 18. The proposed amendments to the GEWA and zoning code were presented to the Douglas County Planning Commission at their November 12, 2014 public meeting. Advance notice of the meeting was e-mailed to interested parties. 19. Agricultural lands proposed for inclusion in the East Wenatchee Urban Growth Area are adjacent to lands characterized by urban growth. 20. The existing urban growth area does not contain sufficient land area to accommodate the project growth for the 20 year population projection. Critical area, topographic and infrastructure constraints present within rural lands limit the ability of rural lands to accommodate the projected 20 year population projection. 21. Agricultural lands proposed for inclusion in the East Wenatchee Urban Growth Area contain moderate topography, limited critical areas, and are in relatively close proximity to urban governmental services. 22. WAC 365-190-040(g) recognizes that land use planning is a dynamic process and that the procedures for de-designation should provide a rationale and predictable basis for accommodating change. This WAC standard also contemplates that changes in circumstances pertaining to the comprehensive plan or public policy can be appropriate rationale for a change to resource land designations. 23. The classification criteria in WAC 365-190-050 establishes that Counties and cities shall consider the effects of proximity to population areas and the possibility of more intense uses of the land as indicated by: j. The availability of public facilities; k. Tax status; l. The availability of public services; m. Relationship or proximity to urban growth areas; n. Predominant parcel size; o. Land use settlement patterns and their compatibility with agricultural practices; p. Intensity of nearby land uses; q. History of land development permits issued nearby; r. Proximity of markets. 24. RCW 36.70A.110 Comprehensive plans-Urban growth areas, RCW 36.70A.130(3)(b) Comprehensive plans-Review procedures and schedules- City of East Wenatchee Ordinance 2015-08 Page 8 of 10 amendments, and countywide planning policies A-4 and A-9, clearly establish an obligation for the City of East Wenatchee to accommodate growth projected for the next 20 year population projection. 25. The City of East Wenatchee has demonstrated through a reasoned process and analysis of existing conditions and data, adopted policies and minimum guidelines and statutes, that the expansion of the City of East Wenatchee Urban Growth Area into designated agricultural lands of long term commercial significance is appropriate and necessary to accommodate the 20 year population projection for the City. 26. Topographic constraints have historically directed urban scale development north along the Sunset Highway corridor and east along the Grant Road corridor into long-established agricultural lands. Lands within the existing UGA meet the current criteria for agricultural lands, including Soil Conservation Service soil classifications 1 through 3, receiving irrigation water, and historically in agricultural production 27. Countywide Planning Policy A-2 The county and cities/towns will cooperatively and jointly designate urban growth areas. The designation of urban growth areas beyond the existing limits of incorporation should be based on a demonstration that public facilities and service capacities either already exist or are planned for and can be efficiently and economically provided by either public or private sources. 28. Countywide Planning Policy A-5: The delineation of the boundaries of urban growth areas will be coordinated and established based on the following considerations:  Geographic, topographic and manmade features;  Existing jurisdictional boundaries, including special improvement districts;  Public facilities and services availability, limits and extensions; Designation of resource lands of long term commercial significance and critical areas;  Potential urban/rural interface conflicts. 29. Countywide Planning Policy A-9: In addition to the criteria for establishing the size and location of an urban growth area, the following findings will be made in approving amendments to an established urban growth area:  The proposed change to the urban growth area will not adversely affect the existing and/or forecasted capacities of the public facilities and services such as domestic water, sewer, streets, etc.  The proposed change to the urban growth area is adjacent and/or connected to the existing urban growth area, and will not create irregular boundaries; City of East Wenatchee Ordinance 2015-08 Page 9 of 10  The proposed change to the urban growth area will be to: 1)further the economic conditions of the community and be related to commercial, industrial and/or recreational activities; 2) is related to municipal responsibilities for providing public facilities and services such as domestic water systems, sewer systems, storm drainage systems, solid waste activities, emergency and/or law enforcement services, etc.; 3) is related to the need for an additional supply of vacant land for residential development. 30. Lands within the RR-5 land use designation, established by the Douglas County Countywide Comprehensive Plan, were considered in the expansion of the East Wenatchee Urban Growth Boundary. 31. Geographic and topographic constraints limit the ability of many locations within the RR-5 land use designation adjacent to the East Wenatchee Urban Growth Area to efficiently and economically provide a full range of municipal/special purpose district urban governmental services. Additionally, these constraints limit the ability of these lands to accommodate development at intended urban densities specified in the comprehensive plan. These constraints, in part, form a boundary for the East Wenatchee Urban Growth Area in these areas, at this time. 32. 165 acres of the RR-5 land use designation of the Douglas County Countywide Comprehensive Plan, can effectively and economically accommodate urban governmental services and desired urban densities; and are appropriate to incorporate into the East Wenatchee Urban Growth Area, as depicted in Exhibit A (Maps 2 and 3). 33. The Washington State Growth Management Act (RCW 36.70A) requires that cities and counties designate and protect critical areas as defined by the Act. 34. Douglas County and the City of East Wenatchee have identified and designated critical areas. 35. Douglas County and the City of East Wenatchee have adopted comprehensive plan goals and policies and development regulations to preserve, protect, and/or mitigate impacts to development within critical areas. 36. A geographic information systems (GIS) analysis of critical areas has been conducted for the proposed urban growth boundary expansion areas. The acreages designated as critical areas have been deducted from the overall acreage of the UGA expansion. 37. The topography and designated critical areas northeast of the existing UGA, within the Rural Resource 5 zoning district, discourage urban scale development and the efficient and timely extension of utility services. 38. The generally flat to rolling hill topography of the land east of the existing UGA and in the vicinity of Grant Road lends itself to urban scale development and the extension of urban services. City of East Wenatchee Ordinance 2015-08 Page 10 of 10 39. The topography and location of designated critical areas have been considered in the identification of areas suitable for urban growth. 40. The East Wenatchee Planning Commission and Douglas County Planning Commission have reviewed the entire record including the goals and policies of the comprehensive plans, and public testimony (both written and oral) as it relates to the proposed comprehensive plan amendments. 41. Douglas County and East Wenatchee coordinate in long-range planning within the Greater East Wenatchee Area. The Douglas County Regional Policy Plan, as amended, established the protocol for comprehensive plan amendments. Conclusions of Law 1. The City hereby finds that the proposed amendments to the text and maps of the Greater East Wenatchee Area Comprehensive Plan are consistent with the procedural requirements of the GMA in RCW 36.70A. 2. The proposal has been processed in compliance with the procedural and substantive requirements of the State Environmental Policy Act, RCW 43.21C. 3. The proposed text amendments are consistent with and implement the goals and policies in the Greater East Wenatchee Area Comprehensive Plan and the Douglas County Regional Policy Plan. 4. Proper legal requirements of RCW 36.70A.106 and EWMC Title 19 were met and the community was given the opportunity to comment on the proposal at a duly noticed public hearing.