HomeMy WebLinkAboutOrdinances - 2015-12 - Amending the EWMC adding a new Section 17.72.260 Required Use of Public Sanitary Sewer Systems - 3/24/2015City of East Wenatchee, Washington
Ordinance No. 2015-12
An Ordinance of the City of East Wenatchee amending the East Wenatchee
Municipal Code and adding a new Section 17.72.260 Required Use of Public
Sanitary Sewer Systems.
Una Ordenanza de la Ciudad de East Wenatchee modifica el C6digo Municipal East
Wenatchee y aiiadiendo una nueva Secci6n 17.72.260 requiere el uso de Public
Alcantarillados Sanitarios.
1. Alternate format.
1.1. Para leer este documento en otro formato (espaiiol, Braille, leer en voz al ta,
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.
Exhibit A
Findings of Fact and Conclusions of Law
Findings of Fact
L 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 2015-12
Page 5of10
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 2015-12
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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
lOth 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;
1. 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 2015-12
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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 2015-12
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• The proposed change to the urban growth area will be to: !)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 2015-12
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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 EWMC Title 19 were met
and the community was given the opportunity to comment on the proposal at
a duly noticed public hearing.
City of East Wenatchee
Ordinance 2015-12
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Exhibit B
Required Use of Public Sanitary Sewer (Date 2-17-2015)
Page 1
17.72.260 Required Use of Public Sanitary Sewer System.
A. Purpose. The purpose of this section is to protect the public health by providing rules
establishing when connection to public sewers, within the urban growth area (UGA),
is required as a condition of development. Nothing in this section authorizes any
violation of regulations for on-site sewage disposal systems adopted by the State
Department of Health or by the Chelan-Douglas Health District.
B. Permanent Sewer Facilities. The primary means of wastewater collection and
disposal in the urban growth area shall be construction and extension of permanent
sanitary sewer facilities connecting to the Douglas County Sewer District. All such
construction shall be in accordance with the rules, regulations, and requirements
prescribed by the Douglas County Sewer District and by the State of Washington.
C. Connection Required. Inside the UGA, connection to a public sanitary sewer is
required for all development projects under the following criteria:
1. For the purposes of this section, "Development" means
a. The construction of a residence, structure, or facility resulting in the
production of sewage.
b. The substantial modification or alteration of an existing structure if the
modification or alteration increases the sewage generated from the structure
and would require installation of a larger capacity on-site sewage disposal
system.
c. Any new land division project, including but not limited to subdivision, short
subdivision, or binding site plan,
2. Development of any parcel located within the UGA that directly abuts a public
sewer system that is located within a public right of way or easement.
3. Development of any parcel of real property located within 200 feet of any
Douglas County Sewer District sanitary sewer facility is required, at his/her
expense, to extend the sewer main and connect all applicable plumbing outlets
from such buildings or structures directly to the public sewer. The distance
between the property and the public sanitary sewer facility is measured along the
usual or most feasible route of access to the nearest property line of the subject
property.
4. Additionally, the owner of a residence or other facility served by an on-site
system that has failed, as determined by the local health officer, must connect if
the parcel abuts a public sewer system.
D. Exceptions. Connection to a public sewer is required unless one of the following
exceptions applies:
1. The building permit application is for an alteration, expansion, or replacement of
an existing structure already utilizing an on-site sewage disposal system that has
been tested and is certified to be functioning properly and the proposal does not
require installation of a larger capacity on-site sewage disposal system.
Exhibit B
Required Use of Public Sanitary Sewer (Date 2-17-2015)
Page 2
2. The building permit application is for a new structure, consistent with the
requirements of the Chelan-Douglas Health District codes, that lawfully
incorporates no sewerage effluent facility.
3. The parcel is located more than 200 feet from any Douglas County Sewer District
sanitary sewer facility as measured along the usual or most feasible route of
access to the nearest property line of the subject property and meets one of the
following conditions:
a. The land division is planned and designed to be provided with a full range of
urban level services.
b. The design for the land division includes specific provisions for future
accommodation of public sewers in a manner which will allow for future
development at appropriate urban densities.
c. If the property is located within 500 feet of a sewer service facility, the District,
at its discretion, may require dry sewers and/or side sewer stub outs to be
constructed. In determining the location and grade of the dry lines, future
ultimate development of property in the vicinity must be considered in
designing the system to accommodate all properties which may subsequently
require the use of the facility.
d. The land division is configured in a manner which provides reasonable
assurance that subsequent redevelopment will comply with the minimum
urban densities when public sewer service becomes available. A site plan for
subsequent redevelopment is required to be filed and recorded. The site plan
under this section shall be vested in the same manner as any land division.
e. The plat, short plat or binding site plan includes as a condition of approval a
prohibition of further division of the property until public sewer becomes
available.
4. Approval of any building permit or land division application utilizing one of the
exceptions above is contingent upon submittal of a legally binding agreement
with the District in which the property owner and successors in interest agree to:
a. connection to sanitary sewers within 24 months of notification by the District
that sanitary sewer service is available for all parcels containing an existing
building,
b. participation without protest in any sewer Local Improvement District (LID) or
Utility Local Improvement District (ULID),and
c. agreement to pay any connection fees and monthly charges assessed by the
District, LID, or ULID.
The agreement must be in a form acceptable to the Administrator and to the
District and must be recorded with the property records of the county. Lots that
are vacant at the time the notice is provided as described above , will be required
to connect when a building permit application is submitted.
Exhibit B
Required Use of Public Sanitary Sewer (Date 2-17-2015)
Page 3
E. Douglas County Sewer District Service Boundary. If the property proposed for
development is located outside of the Douglas County Sewer District service
boundary, a legally binding agreement with the District, in which the property owner
and successors in interest agree to annexation of the property into the District
boundary when proposed by the District must be recorded with the property records
of the county in a form acceptable to the Administrator and to the District.
F. Utility Local Improvement District – No Protest Agreement. The Douglas County
Sewer District has the authority to establish Utility Local Improvement Districts
(ULIDs) for the purpose of constructing or reconstructing sewer systems, by the
method and manner prescribed in State Law within their service area boundary and
to levy special assessments to pay in whole the cost of any improvements. The city
and county may collectively work with the District to extend services in conjunction
with a road improvement project. For any development proposed within the District
in an area not currently served by existing service lines, the property owner must
execute a legally binding agreement with the District. As part of the agreement, the
property owner and successors in interest must agree to:
1. prompt connection with sanitary sewers when they become available,
2. participation without protest in any sewer Local Improvement District (LID), Road
Improvement District (RID), or Utility Local Improvement District (ULID), and
3. an agreement to pay any connection fees and monthly charges assessed by the
District, LID, RID, or ULID. The agreement must be in a form acceptable to the
Administrator and must be recorded with the property records of the county.
