HomeMy WebLinkAboutOrdinances - 2016-09 - Amend EWMC 17.24 Residential Low Density District - 8/8/2017City of East Wenatchee, Washington
Ordinance No. 2016-09
An Ordinance of the City of East Wenatchee amending the East Wenatchee
Municipal Code Chapter 17.24 Residential Low Density District to reduce minimum
lot area, lot dimensions, and setbacks; and increase lot coverage.
Una Ordenanza de la Ciudad de East Wenatchee se modifica el Wenatchee del
Código Municipal Capítulo 17.24 Zona residencial de baja densidad para reducir el
área de lote mínimo, las dimensiones de lote, y retrocesos; y aumentar la cobertura
mucho.
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 City Council of East Wenatchee (“City Council”) finds that it is in the
best interests of the City and its citizens to adopt the proposed amendments
to the East Wenatchee Municipal Code.
2.3. The East Wenatchee Planning Commission and Douglas County Planning
Commission jointly held a public hearing on July 13, 2016 to consider the
proposed EWMC text amendments for Chapter 17.24. The proposed
amendments received a recommendation of approval from the East
Wenatchee Planning Commission with a unanimous vote in favor (Birks,
Hunter, Brawley, Nikolas, Nelson and Jessup). The proposed amendments
received a recommendation of approval from the Douglas County Planning
Commission with a vote of five in favor (Miller, Cavadini, Bollinger,
Machado, and Knowles) and one opposed (Davis).
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.
City of East Wenatchee Ordinance 2016-09 Page 5 of 12
Exhibit A
Chapter 17.24 R-L RESIDENTIAL LOW DENSITY DISTRICT
Sections: 17.24.010 Purpose. 17.24.020 Permitted uses. 17.24.030 Accessory uses. 17.24.040 Conditional uses. 17.24.045 Prohibited uses. 17.24.050 Dimensional standards. 17.24.060 Off-street parking requirements. 17.24.070 Landscaping requirements. 17.24.090 Design standards and guidelines.
17.24.010 Purpose.
The R-L residential low density district is a land use classification primarily suited for single-family residential living. Uses are limited to residential uses and under certain conditions public and service uses which by their nature as support services or facilities are necessarily better served by locating within the residential sector. (Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
17.24.020 Permitted uses.
The following uses shall be permitted uses in the R-L district:
A. Single-family dwellings including modular and manufactured housing constructed in accordance with the design requirements set forth in Chapter 15.38 EWMC, but not to exceed one dwelling on any one lot unless otherwise permitted by this title;
B. Temporary construction offices within the tract or subdivision on which buildings are being erected, and only for the duration of active construction;
C. Residential planned unit developments approved pursuant to Chapter 17.68 EWMC and the applicable sections of the Greater Wenatchee Urban Area Design Standards and Guidelines which are adopted by this reference as if fully set forth herein;
D. Adult family homes licensed by the Washington State Department of Social and Health Services and meeting the definition in EWMC 17.08.055;
E. Bus passenger amenities meeting the requirements of EWMC 17.72.185;
F. Agricultural uses of a horticultural nature such as vegetable gardens, fruit and nut trees, grape vines, and other horticultural stock;
G. Duplex dwellings; provided, the property is immediately adjacent to a commercial zoning district (i.e., shares a common lot line or is directly across a public street from) and has sufficient land area to provide 8,000 square feet of land
City of East Wenatchee Ordinance 2016-09 Page 6 of 12
area per duplex structure in addition to the land area required for any other dwellings existing on the same property. (Ord. 07-05 § 4, 2007; Ord. 05-07 § 1, 2005; Ord. 01-03 § 1, 2001; Ord. 98-3 § 2, 1998; Ord. 94-2 § 1, 1994; Ord. 91-5 § 2, 1991)
17.24.030 Accessory uses.
Subject to the dimensional standards set forth in EWMC 17.24.050, the following uses shall be accessory uses in the R-L district:
A. Attached or detached accessory buildings and structures clearly incidental to the residential use of the lot, such as the storage of personal property, including private garages;
B. Family day care home as defined in EWMC 17.08.155(B);
C. Not more than a total of eight cars, trucks, or recreational vehicles per dwelling may be parked outside of a building on any lot. Said vehicles shall be parked to the rear of the front yard setback line, except when parked in the driveway. For purposes of this section, “recreational vehicles” shall mean any travel trailers, truck campers, tent trailers, motor homes, snowmobiles, boats or jet skis, utility trailers for hauling materials or recreational vehicles, and similar equipment;
D. Fences as provided for in EWMC 17.72.160;
E. Covered Patios.
1. A freestanding covered patio must meet the standards of this title. If the cover over the patio is attached to a dwelling or within six feet of the dwelling it is to be considered as part of that dwelling for the purposes of determining the setback for the dwelling;
2. Height limit: 10 feet for a detached structure with a flat roof; provided, however, that a fireplace flue may extend beyond the maximum height limit to a height of not over 13 feet; in all other cases the roof height shall not exceed the provisions of EWMC 17.24.050(D);
3. Area limit: Must not exceed the provisions of EWMC 17.24.050(E);
F. Swimming Pools.
1. All pools must be located behind the front yard setback line and maintain at least a five-foot setback from all side and rear property lines;
2. All pools and the yard or area around them must be enclosed by a fence/barrier of not less than 48 inches in height meeting the requirements established in the Uniform Building Code for Barriers for Swimming Pools, Spas and Hot Tubs, as the same now exists or may be amended as adopted in Chapter 15.04 EWMC and the following general provisions:
City of East Wenatchee Ordinance 2016-09 Page 7 of 12
a. Such fence/barrier shall be constructed and maintained as to prevent, within reason, any person from gaining access beneath, over, or through said fence/barrier;
b. Gates or doors to the pool area shall be of the same height as the fence/barrier and substantial in construction;
c. All gates or doors shall be equipped with self-closing mechanisms and devices for locking, and shall be kept locked at all times the pool is unguarded, unattended or not in use;
G. Large satellite dish, amateur radio tower, or attached wireless communication facility subject to the provisions of Chapter 17.70 EWMC, as the same now exists or may hereafter be amended;
H. Accessory dwelling units pursuant to the provisions of EWMC 17.72.190, as the same exists now or may hereafter be amended;
I. The keeping and raising of farm animals, livestock and poultry, as specified in EWMC 17.72.200; provided, that no commercial structure shall be constructed or maintained on the premises;
J. Home occupations as specified in Chapter 17.66 EWMC. (Ord. 13-04 § 6, 2013; Ord. 13-03 § 4, 2013; Ord. 07-05 § 4, 2007; Ord. 05-07 § 3, 2005; Ord. 02-22 § 12, 2002; Ord. 01-03 § 1, 2001; Ord. 2000-02 § 4, 2000; Ord. 91-5 § 2, 1991)
17.24.040 Conditional uses.
The following uses shall be conditional uses in the R-L district under conditions set forth in Chapter 17.64 EWMC:
A. Public schools and private schools;
B. Public parks and playgrounds;
C. Churches;
D. Municipal buildings;
E. Public facilities and utilities;
F. Neighborhood centers;
G. Child day care centers – Group 1 facilities only as defined in EWMC 17.08.155(A)(1);
H. Bed and breakfast facilities. (Ord. 13-04 § 7, 2013; Ord. 07-05 § 4, 2007; Ord. 05-07 § 6, 2005; Ord. 01-03 § 1, 2001; Ord. 2000-02 § 5, 2000; Ord. 91-5 § 2, 1991)
17.24.045 Prohibited uses.
All uses not listed above as permitted uses, accessory uses, or conditional uses shall be prohibited uses. Upon application to the board of adjustment, the board may rule that a use not specifically named in the permitted uses of a district shall be included among the allowed uses if the use is of the same general type and is similar to the permitted uses; however, this section does not authorize the inclusion
City of East Wenatchee Ordinance 2016-09 Page 8 of 12
of a use in a district where it is not listed when the use is specifically listed in another district. (Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001)
17.24.050 Dimensional standards.
The following are dimensional standards in the R-L district:
A. Minimum lot area: 7,000 5,000 square feet, except as provided in EWMC 17.72.020(D);
B. Minimum width of lot at building line: 70 50 feet. Corner lots shall have a minimum width at the building line of 80 60 feet, except as provided in EWMC 17.72.020(D);
C. Minimum lot depth: 90 80 feet;
D. Maximum building height: 35 feet;
E. Maximum land coverage: 35 40 percent for all buildings;
F. Minimum setback distances, except as provided in EWMC 17.72.040(B), (C), (D), (F) and (H):
1. Front yard: 15 to 20 feet, provided any garage or carport with vehicle entrances facing a street shall be set back at least 20 feet from the front lot lineall garages shall be constructed a minimum of 20 feet behind the front lot line;
2. Rear yard: 15 feet;
3. Side yard: seven 5 feet.
Buildings on corner lots shall observe the minimum front yard setback on both streets and shall provide at least one rear yard setback. (See illustration below)
Corner Lot Interior Lot
20'15'FY 20'15'FY
Garage Garage
S
T
R
E 15'SY SY SY
E FY 5'5'5'
T House House
RY 15'RY 15'
STREET
City of East Wenatchee Ordinance 2016-09 Page 9 of 12
(Ord. 08-09 § 3 Exh. A-1(2), 2008; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
17.24.060 Off-street parking requirements.
Off-street parking requirements for the R-L district shall conform to the provisions in Chapter 17.72 EWMC, as the same exists now or may hereafter be amended. All required parking shall be located to the rear of the front yard setback. (Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
17.24.070 Landscaping requirements.
All developments in this district shall be subject to the landscaping requirements in Chapter 17.72 EWMC, as the same exists now or may hereafter be amended. (Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001)
17.24.090 Design standards and guidelines.
Development within this district shall comply with the applicable sections of the Greater East Wenatchee Urban Growth Area Design Standards and Guidelines which are adopted by this reference as if fully set forth herein. (Ord. 07-05 § 4, 2007)
City of East Wenatchee Ordinance 2016-09 Page 10 of 12
Exhibit B
FINDINGS OF FACT AND CONCLUSIONS OF LAW
FINDINGS OF FACT
1. The proposals under consideration are a joint city of East Wenatchee/Douglas County proposal to amend the East Wenatchee Municipal Code
a. Adding a new section EWMC 17.72.270 Density Standards to establish a minimum density standard for residential development within the residential and mixed-use zoning districts: providing for exceptions; describing a calculation process; and providing special provisions for properties not served by public sanitary sewer service
b. Miscellaneous amendments intended to provide more flexibility for design and development of residential projects to promote higher density in the urban area:
i. Amending Chapter 17.24 - Residential Low Density, Chapter 17.28 – Residential Medium Density and Chapter 17.32 – Residential High Density/Office District to reduce minimum lot dimensions, lot sizes and setbacks; increase building heights; clarify provisions relating to livestock and poultry.
ii. Amending Chapter 17.72 – General Provisions regarding accessory structures; projections into setbacks; lot size averaging provisions; reducing lots size minimums for accessory dwelling units; reducing lot frontage requirements; and reducing off-street parking for multi-family projects.
iii. Amending Chapter 17.08 – Definitions regarding lot lines, lot width, and lot types; adding new definitions and diagrams illustrating certain defined terms.
iv. Amending Chapter 17.38.070 - Neighborhood Commercial correcting inconsistencies and typographical errors.
2. The proposals 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.
3. By this reference, the planning staff file of records, including the staff report, noticing documents and SEPA documents are entered into the record.
4. Douglas County and East Wenatchee have adopted a comprehensive plan in accordance with the provision of the Growth Management Act and RCW Chapter 36.70A.
5. RCW Chapters 36.70A authorize the adoption of and amendments to development regulations.
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6. The planning commissions are responsible for long-range planning matters and providing implementation recommendations to assure compliance with the GMA.
7. Proposed minimum density provisions were approved by the East Wenatchee Planning Commission (4-1) and the Douglas County Planning Commission (5-0) at a duly advertised joint-public hearing held on February 17, 2015. Advance notices of the hearing were published in the Wenatchee World and mailed or e-mailed to interested parties.
8. The planning commissions’ recommendation of approval was transmitted to the East Wenatchee City Council and Douglas County Board of Commissioners at a joint-public meeting held on March 24, 2015. Ordinance 2015-11 – Density Standards was not approved by either body and was remanded to the planning commission for further review and consideration.
9. Density Standard. 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 comment period for the Determination of Non-significance expired on February 9, 2015. The changes made to the proposed amendments since that determination did not materially change the effect of the proposal on the environment. It is the determination of the lead agency that the original DNS remains appropriate.
10. Miscellaneous Amendments. A Determination of Non-significance DNS was issued on April 22, 2016 in accordance with the provisions RCW 43.21C the State Environmental Policy Act. The comment period deadline ended on May 12, 2016. No comments were received
11. A Notice of Proposed Amendment and Request for Expedited Review was submitted to Commerce for both proposals on March 30, 2016. The Density Standard was assigned a Material ID # 22242. The Miscellaneous Amendments were assigned a Material ID # 22241. Expedited Review was granted on April 18, 2016.
12. The notice of intent to adopt amendments to the comprehensive plan and development regulations was submitted to Douglas County, City of Wenatchee, and Chelan County on April 20, 2016 requesting comments by May 14, 2016. No comments were received.
13. The proposed zoning text amendments related to Density Standards were discussed and reviewed by the City Planning Commission at public workshops on September 1, 2015, and November 3, 2015, December 2, 2015, and June 8, 2016. Advance notices of those public workshops were e-mailed to interested parties.
14. The proposed Miscellaneous Zoning Text Amendments were discussed and reviewed by the City Planning Commission at public workshops on November 3, 2013, December 2, 2015, and June 8, 2016. Advance notices of those public workshops were e-mailed to interested parties.
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15. The proposed Density Standard and Miscellaneous Zoning Text Amendments were discussed and reviewed by the Douglas County Planning Commission at public workshops on December 2, 2015 and June 8, 2016.
16. A public notice for the July 13, 2016 hearing was advertised in the Wenatchee World and Empire Press on June 28, 2016.
17. The East Wenatchee Planning Commission and Douglas County Planning Commission jointly held a public hearing on July 13, 2016 to consider the proposed amendments.
18. Proposed amendments to the East Wenatchee Municipal Code were recommended for approval in two motions by the East Wenatchee Planning Commission (4-2) and (6-0) and by the Douglas County Planning Commission (5-1) at a duly advertised joint-public hearing held on July 13, 2016. Advance notices of the hearing was published in the Wenatchee World and mailed or e-mailed to interested parties.
19. 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 amendments.
20. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference
CONCLUSIONS
1. It is the determination of the responsible lead agency that no more than a moderate effect on the environment is a reasonable probability as a result of the proposed action. The proper exercise of the threshold determination process as required by WAC 197-11 is than an environmental impact statement is not required to be prepared for this project. The processing of the proposal complies with the procedural and substantive requirements of the State Environmental Policy Act, chapter 43.21C RCW and chapter 18.06 EWMC.
2. 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.
3. 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.
4. The proposed EWMC text amendments are consistent with and implement the goals and policies of RCW 36.70A the Growth Management Act.
5. The proposal will not be detrimental to the general public health, safety or welfare.
6. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference.