HomeMy WebLinkAboutOrdinances - 2015-10 - Amending the EWMC and adding a new Chapter 17.73 Open Space Standards - 3/24/2015City of East Wenatchee, Washington
Ordinance No. 2015-10
An Ordinance of the City of East Wenatchee amending the East Wenatchee
Municipal Code and adding a new Chapter 17.73 Open Space Standards.
Una Ordenanza de la Ciudad de East Wenatchee modifica el C6digo Municipal East
Wenatchee y afiadiendo un nuevo capitulo 17.73 Normas de Espacios Abiertos.
1. Alternate format.
1.1. Para leer este documento en otro formate (espafiol, Braille, leer en voz alta,
etc.), p6ngase 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.
2.5. The City Council finds that it is in the best interests of the City and its
citizens to establish a process to foster the provision of open space and
recreation facilities to serve residents and employees of certain
develop men ts.
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 establish a means of setting aside areas
of land for basic recreation, parks and open space needs created by new
subdivisions, short plats, and binding site plan.
5. Findings of Fact and Conclusions of Law. The City Council adopts the findings of
fact and conclusion of law as set forth in Exhibit A.
6. Amendment . The City Council adds a new Chapter 17. 7 3 -Open Space Standards
·to the East Wenatchee Municipal Code as set forth in Exhibit B to this Ordinance:
7. 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.
8. 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. The City
Council directs the City Clerk to publish a copy of this Ordinance on the City's
website.
9. Effective Date. This Ordinance becomes effective five days after the date its
summary is published.
Passe~the City Council of East Wenatchee, at a regular meeting thereof on this
.:ef~ day of f(}1tif] , 2015.
The City of East Wen
Washingt
City of East Wenatchee
Ordinance 2015-10
Page 2of10
Authenticated:
~f:muna;td •
Dana Barnard, City Clerk
Devin Poulson, City Attorney
Filed with the City Clerk: 3/t g
Passed by the City Council:
Published:
Effective Date:
City of East Wenatchee
Ordinance 201 5-10
Page 3of10
Summary of
City of East Wenatchee, Washington
Ordinance No. 2015-10
On the J1!2 day of cfYJM.cJJ , 2015, the City Council of the
City of East Wenatchee, Washington approved Ordinance No. 2015-10, the main
point of which may be summarized by its title as follows:
An Ordinance of the City of East Wenatchee amending the East Wenatchee
Municipal Code and adding a new Chapter 17. 73 Open Space Standards.
Una Ordenanza de la Ciudad de East Wenatchee modifica el C6digo Municipal East
Wenatchee y afiadiendo un nuevo capitulo 17. 73 Normas de Espacios Abiertos.
The full text of this Ordinance is available at www.east-wenatchee.com.
Dated this 4!}!}day of :-fYJ-2UJL , 2015.
~ bvill!VLf!/
Dana Barnard, City Clerk
City of East Wenatchee
Ordinance 2015-10
P age 4of10
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 2015-10
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comment period for the Determination ofNon·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 \Vashington 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.RC\V 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 \Venatchee 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 \Venatchee \Vorld and or mailed and e·mailed to interested parties.
City of East Wenatchee
Ordinance 2015·10
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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, RC\V
36. 70A.130(3)(b) Comprehensive plans-Review procedures and schedules·
City of East Wenatchee
Ordinance 2015-10
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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 2015-10
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• The proposed change to the urban growth area will be to: l)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 U1·ban 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.
84. Douglas County and the City of East Wenatchee have identified and designated
critical areas.
85. 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.
86.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.
88. 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 2015·10
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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 EWJV1C Title 19 were met
and the community was given the opportunity to comment on the proposal at
a duly noticed public hear:lng.
City of East Wenatchee
Ordinance 2015-10
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Exhibit B
Chapter 17.73 OPEN SPACE STANDARDS
Sections:
17.73.010 Purposes.
17.73.020 Applicability.
17.73.030 Exemptions.
17.73.040 Standards for dedication.
17.73.050 Implementation.
17.73.060 Improvements.
17.73.070 Stormwater detention facilities.
17.73.080 Rights and duties.
17.73.090 Voluntary payment in lieu of dedication.
17.73.010 Purposes.
The purposes of this chapter are:
A. To ensure the general health, safety and welfare of the citizens of the City East
Wenatchee and the residents of Douglas County, living within the East Wenatchee
Urban Growth Area;
B. To establish a means of setting aside areas of land for basic recreation, parks and
open space needs created by new subdivisions, short plats, and binding site plans;
C. To equitably distribute the cost of providing parks and open space;
D. To mitigate any adverse impacts on neighborhoods without adequate parks, open
space and recreational facilities when approving new development;
E. To ensure compliance with the purposes of chapters 16.16 and 16.18 of the East
Wenatchee Municipal Code and RCW 58.17.110, as amended, which require that
local governments make appropriate provision for the establishment of parks, open
space and recreational areas at the time it considers approval of a proposed
subdivision;
F. To implement the goals and policies regarding open space and recreation in the
Greater East Wenatchee Area Comprehensive Plan.
17.73.020 Applicability.
This chapter applies to every subdivision, short plat or binding site plan of contiguous
land where any one of the following conditions is met:
A. The land to be divided equals 10 acres or more and is located wholly or in part within
the East Wenatchee Urban Growth Area;
B. Within the East Wenatchee Urban Growth Area, residential or mixed-use subdivision
or binding site plan creating 10 or more lots.
C. Projects meeting the standards provided in this chapter are not required to comply
with EWMC 17.72.230, as amended.
D. Open space created to comply with this chapter may be incorporated with the
requirements in the Greater East Wenatchee Urban Growth Area Design Standards
& Guidelines, as amended.
Open Space & Recreation Standards (2/17/2015)
Page 1
Exhibit B
17.73.030 Exemptions.
Re-division of lots created after the adoption of the standards in this chapter are exempt
from any additional dedications of open space provided that future lots have access, as
required by this chapter, to the open space areas dedicated in the original project.
17.73.040 Standards for dedication.
The minimum usable open space/park area dedicated for residential subdivisions must
be at least 1 O percent of the total gross site area. For commercial or industrial
subdivisions, short plats and binding site plans, the minimum usable open space/park
area dedicated shall be 5 percent of the total site. Required open space/park area must
meet the following standards:
A. For the purpose of calculating the open space/park requirement, the open
space/park area must be separate and distinct from required yards, setbacks, and
landscaped areas. Up to 50 percent of the required open space may consist of areas
of native vegetation that are also allowed to fulfill the critical areas buffer
requirements in chapters 18.12 and 18.12A-F EWMC or stormwaterfacilities that are
designed for active and/or passive recreation opportunities in accordance with this
chapter and chapter 13.30 EWMC, as amended.
8. All open space/park areas must include 2 or more facilities for active and/or passive
recreation, selected from the lists below. At least 1 of the required recreation
facilities must be from the list of active recreation facilities. This area may include
stormwater facilities that are designed for active and/or passive recreation
opportunities in accordance with chapter 13.30 EWMC, as amended.
1. Active Recreation Facilities.
a. Children's play equipment, such as slides, swings and play structures;
b. A paved hard court for activities such as basketball, tennis, pickleball, etc.;
c. A flat, open lawn area that may serve as a ball field for active play;
d. Other active recreation facility if approved by approval authority.
2. Passive Recreation Facilities.
a. Facilities for walking, such as trails, benches, etc.;
b. Picnicking facilities, such as picnic tables, shelters, etc.;
c. Public plazas;
d. Year-round water features such as a fountain, pond, stream, etc.;
e. Other passive recreation facility if approved by the approval authority.
C. The open space/park area must have convenient access for residents and for
employees of the development. Access is considered convenient if there is a paved,
ADA accessible route to the facility. The open space/park area should be
consolidated to provide maximum accessibility, visibility, to minimize impacts to
residential uses, and ease of maintenance. The requirement that the open
space/park area be consolidated may be waived by the approval authority if it finds
that the residents of the development would receive a greater benefit if the required
open space/park area were provided in another configuration due to the unique
topographic conditions or critical areas requirements.
Open Space & Recreation Standards (2/17/2015)
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Exhibit B
D. The open space/park area should be designed and located in consideration of
existing and potential open space/park areas on adjacent parcels. This would
facilitate consolidation with an existing facility or provide future opportunities for
consolidation of open space/park areas that are created on adjacent properties.
E. Except where removal is required to meet active recreation requirements in this
chapter, existing trees and significant vegetation must be retained in open
space/park areas. This requirement may be waived if an alternate landscaping plan
for such areas is required or approved by the approval authority.
17. 73.050 Implementation.
The required qpen space/recreation area must comply with the requirements of EWMC
17.72.250, as amended ..
17.73.060 Improvements.
All improvements to the open space and recreation area proposed for dedication must
be completed or bonded for prior to final approval of the plat, short plat or binding site
plan.
17.73.070 Stormwater detention facilities.
Stormwater detention/retention facilities may be allowed as open space subject to the
provisions of this chapter and the criteria contained in chapter 13.30 EWMC. The design
of such facilities must minimize adverse impacts on the function (e.g., tree preservation,
play area, etc.) and quality of the open space.
17.73.080 Rights and duties.
The owners of open space have the following rights and duties subject to restrictive
covenants or other restrictions:
A. The right to locate recreational facilities, such as tennis courts, swimming pools,
picnic tables and fireplaces accessory to picnic tables designed to be used
exclusively for the use of residents of the development and their guests;
B. The right to locate pedestrian paths, bicycle paths and bridle paths;
C. The right to cover up 10 percent of the land dedicated to the open space/recreation
facility with impervious surfaces reasonably necessary to exercise the rights
provided in subsections (A) and (B) of this section. An increase in the 10 percent
limit may be granted by the administrator if the developer provides justification that
the additional impervious surface is needed to create a useable recreation area;
D. The right to take whatever measures are reasonably necessary to protect and
maintain such land, or land or property adjacent thereto, or to correct a hazardous
condition posing a threat to life or limb;
E. The right to regulate access to or entry on the open space land; and
F. The duty to maintain the open space and recreation area in good useable condition.
17.73.090 Voluntary payment in lieu of dedication.
In lieu of providing the open space/park facility required by this section, the developer
may elect to voluntarily provide a cash donation to the Eastmont Metropolitan Park
District, Douglas County or the city of East Wenatchee.
Open Space & Recreation Standards (2/17/2015)
Page 3
Exhibit B
A. The request must be made in writing by the developer at the time of application for
the project.
B. The donation must be formalized in an agreement that will be recorded and become
a covenant on the land.
C. The legislative authority of the jurisdiction receiving the payment in lieu of dedication
must take formal action to accept the donation.
D. The amount of the donation will be determined using a formula based upon the
estimated cost that the developer would incur by creating the open
space/recreational facility required by this chapter. The cost should include the value
of the land that would be required and cost of the proposed facilities.
E. The donated funds must be used for a park and recreation facility meeting the
following criteria:
1. The facility must be a public facility accessible to the residents of the new
development.
2. The location of the facility must bear a reasonable relationship to the use of the
facility by future inhabitants of the development.
3. The park facility must satisfy the adopted level of service standards and planned
improvements described in the Eastmont Metropolitan Park District Parks and
Recreation Comprehensive Plan.
Open Space & Recreation Standards (2/17/2015)
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