HomeMy WebLinkAboutOrdinances - 2016-21 - Amending EWMC 12.53.030 and adding Chapter 17.50 Loop Trail Overlay District - 11/8/2016City of East Wenatchee, Washington
Ordinance No. 2016-21
An Ordinance of the City of East Wenatchee amending the East Wenatchee
Municipal Code Section 12.53.030 and adding a new Chapter 17.50 to establish a
Loop Trail Over lay District.
Una Ordenanza de la Ciudad de East Wenatchee modifica el C6digo Municipal East
Wenatchee Secci6n 12.53.030 y la adici6n de un nuevo capitulo 17.50 para
establecer un rastro de superposici6n Loop Distrito.
1. Alternate format.
1.1. Para leer este documento en otro formato (espaiiol, 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 City has adopted the Greater East Wenatchee Area Comprehensive Plan
(GEWA) pursuant to the Growth Management Act (GMA), RCW Chapter
36. 70A, which covers all properties within the City Limits and the
unincorporated areas of Douglas County located within the East Wenatchee
Urban Growth Area, which was found to be consistent with the adopted
GMA plans of adjoining jurisdictions.
2.3. The East Wenatchee and Douglas County Planning Commissions conducted
a duly advertised public hearing on September 6, 2016. The Planning
Commissions entered into the record the files on the proposed amendment,
accepted public testimony, and deliberated the merits of the proposal to
establish a Loop Trail Overlay District. As a result of the deliberations, the
proposal was amended. The vote of the Douglas County Planning
Commission was in favor (5 to I-Knowles). The vote of the City Planning
Commission was unanimously in favor (5-0).
2.4. On October 10, 2016, the City Council of East Wenatchee ("City Council")
and the Douglas County Board of County Commissioners (County
Commissioners) held a public workshop to review the record of the planning
commissions' public hearing.
2.5. On October 10, 2016, the City Council and the County Commissioners held a
public hearing to consider the planning commissions' recommendation and
accept public testimony regarding the proposed amendments. The County
Commissioners with adoption of Ordinance TLS 16-07-36B and City Council
with adoption of Ordinance 2016-17, took action to adopt the Loop Trail
Overlay District. The ordinances were not consistent regarding the
treatment of fences.
2.6. Following additional review of the Loop Trail Overlay proposal, the City
Council took action to repeal Ordinance 2017-17 on November 8, 2016.
2. 7. Notice of all public hearings and public meetings on this matter have been
published in accordance with state and to local laws and regulations.
2.8. The City Council finds that it is in the best interests of the City and its
citizens to adopt a Loop Trail Overlay District.
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 the Loop Trail Overlay (LT-0) District is to protect
and preserve the character of the Apple Capital Loop Trail, parkland, and
trail extensions, by ensuring that development within the LT-0 district is
accomplished in a manner that is compatible with the public's use and
enjoyment of the Trail and parkland. It is the intent to permit those uses
and structures that would otherwise be permitted, provided that reasonable
and necessary conditions are met to ensure the protection of the Loop Trail
and parkland.
5. Amendment 1. The City Council adds a new Section 17.50 Loop Trail Overlay
(LT-0) District to the East Wenatchee Municipal Code as set forth in Exhibit
A to this Ordinance.
6. Amendment 2. The City Council amends EWMC 12.53.030 to read:
12.53.030 Walkways, bikeways and trails.
A. Walkways, bikeways and trails shall be required as identified in the
applicable comprehensive plan or separate nonmotorized transportation plan.
B. Nonmotorized transportation includes travel by bicyclists, pedestrians,
and equestrians. Sections 1020 and 1025 of the The most current edition of
City of East Wenatchee
Ordinance 2016-21
Page 2of6
the WSDOT Design Manual will must be followed for design of bicycle paths,
trails and other nonmotorized transportation.
C. All new access pathways to the Apple Capital Loop Trail associated
with commercial, multifamily residential, and mixed use development and
new land divisions must be designed and built in accordance with plans
prepared by the engineer of record for the project proponent. The plans must
be prepared to the standards of the most current edition of the WSDOT
Design Manual with a minimum paved pathway width of eight (8) feet,
showing the connection location of the new pathway to the Apple Capital
Loop Trail, location of existing pathways and addressing stopping sight
distance. The plans must be approved by the county engineer prior to
construction. As-built construction documents must be submitted by the
engineer of record upon completion and prior to public use. A non-access
agreement for frontages not approved for trail connection may be required to
be recorded.
7. Findings of Fact and Conclusions of Law. The City Council adopts the
Recitals stated above as well as the findings of fact and conclusion of law as
set forth below.
7.1. Findings of Fact:
7 .1.1. RCW 36. 70A.070(3) Comprehensive Plans Mandatory Elements
authorize the development of Land Use and Capital Facilities elements
for the planning of Parks and Recreation Facilities.
7 .1.2. RCW Chapters 36. 70 and 36. 70A authorize the adoption of
development regulations.
7.1.3. Policy C-6 of the Countywide Regional Policy Plan prescribes a process
for joint amendments to implementing development regulations.
7 .1.4. Amendments to the development regulations, SEP A threshold
determination and supporting documentation were sent to the
Washington State Department of Commerce on May 19, 2016.
7.1.5. On May 19, 2016 Douglas County issued a Determination of Non-
significance pursuant to WAC 197-11 for amendments to the Douglas
County Code.
7.1.6. Written comments were submitted during the review period and were
made a part of the official record.
7 .1. 7. The "More Than a Trail" citizen engagement process in 2009
documented the public support for retaining the natural appearance of
City of East Wenatchee
Ordinance 2016-21
Page 3 of 6
the trail and protecting the open and natural ambience of the trail and
parkland.
7.1.8. The Greater East Wenatchee Area Comprehensive Plan includes
policies that encourage public access to water bodies, park areas and
open space through coordinated, safe, and effective pedestrian, bicycle,
and equestrian linkages.
7.1.9. The Notice of Public Hearing before the Planning Commission was
published on August 25, 2016 in the Wenatchee World and Empire
Press.
7 .2. Conclusions of Law:
7 .2.1. The procedural and substantive requirements of the State
Environmental Policy Act have been complied with.
7 .2.2. The procedural requirements of RCW 36. 70A have been complied with.
7 .2.3. The proposed amendments are consistent with the Douglas County
Regional Policy Plan, Douglas County Countywide Comprehensive Plan
and the Greater East Wenatchee Comprehensive Plan.
7 .2.4. The proposed amendments are consistent with the requirements of
Revised Code of Washington and the Washington Administrative Code.
7 .2.5. The Apple Capital Loop Trail is a significant community asset for
enjoying the natural environment and for recreation. The Board of
County Commissioners and the City of East Wenatchee City Council
recognize the need to protect these natural amenities and recreational
opportunities provided by the Loop Trail.
8. 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.
9. 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.
10. Submittal of Notice of Adoption. In accordance with RCW 36. 70A.106, this
Ordinance shall be transmitted by the Comm unity Development Director to
the Washington State Department of Commerce within 10 days of adoption.
11. Effective Date. This Ordinance becomes effective five days after the date its
summary is published.
City of East Wenatchee
Ordinance 2016-21
Page 4of6
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this _ ~ day of '1lv ~ , 2016 .
The City of East Wenatchee,
Washington
Authenticated :
~I /:!MJ111A11
Dana Barnard, City Clerk
Approved as to form only:
[)-<.~.., ~ ~u~
Devin Poulson, City Attorney
Filed with the City Clerk:
Passed by the City Council: _/:....:.....,-++-___ _
Published: J --0~,..---_,__,_.::;__
Effective Date: /{ -~~--L---
City of East Wenatchee
Ordinance 2016-21
Page 5 of 6
Summary of
City of East Wenatchee, Washington
Ordinance No. 2016·21
On the g46 day of 1}qjj#m /JIJI , 2016, the City Council of the City of East
Wenatchee, Washington approved Ordinance No. 2016-21, 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 Section 12.53.030 and adding a new Chapter 17.50 to establish a
Loop Trail Over lay District.
Una Ordenanza de la Ciudad de East Wenatchee modifica el C6digo Municipal East
Wenatchee Secci6n 12.53.030 y la adici6n de un nuevo capitulo 17.50 para
establecer un rastro de superposici6n Loop Distrito.
The full text of this Ordinance is available at www.east-wenatchee.com.
Dated this £(-IJ day of ~ , 2016.
City of East Wenatchee
Ordinance 2016-21
Page 6 of 6
Exhibit A
Chapter 17 .50
L T-0 Loop Trail Overlay District
Sections:
17.50.010 Purpose & Intent
17.50.020 Applicability
17.50.030 Where Designated -Area Defined
17.50.040 Setbacks
17.50.050 Fencing
17.50.060 Trail Crossings
17.50.070 Non-motorized Access
17.50.080 Vehicular Access Ways and Streets
17.50.090 Landscaping
17.50.010 Purpose & Intent
The purpose of the L T-0 district is to protect and preserve the character of the Apple
Capital Loop Trail, parkland, and trail extensions, by ensuring that development within
the L T-0 district is accomplished in a manner that is compatible with the public's use
and enjoyment of the Trail and parkland. It is the intent to permit those uses and
structures that would otherwise be permitted, provided that reasonable and necessary
conditions are met to ensure the protection of the Loop Trail and parkland.
17.50.020 Applicability
A. The L T-0 district standards supplement, and in some cases replace, the standards
of the underlying zoning district.
B. All regulations of the underlying zoning district or any other applicable overlay district
not specifically addressed in this chapter apply to lands in the L T-0 district;
provided, however, that in the case of conflict between the provisions of the
underlying zoning district, or any other applicable overlay districts, the most stringent
regulations shall govern.
17.50.030 Where Designated -Area Defined
A. The L T-0 district extends between the ordinary high water mark of the Columbia
River and 75 feet easterly of the centerline of the trail. See Figure 1. Trail access
connections located at 19th, 22nd, 2ih, 32nd, and 3ih street shall have a L T-0 which
extends 37 % feet north and south of the trail centerline.
B. The geographic boundary of the L T-0 district begins at the northerly boundary of the
City of East Wenatchee Urban Growth Area (UGA) and extends southward to its
limit at 13th Street NE in the City of East Wenatchee.
Page 1
17 .50.040 Setbacks
A. All above ground structures including accessory buildings, vehicle parking areas,
access ways, driveways, streets or roads, or equipment storage is prohibited within
the L T-0. Exceptions:
1. Buildings owned and maintained by a governmental agency that are accessory to
and support the uses of the parkland and trail, such as restrooms, storage
buildings, and picnic shelters.
2. Buildings necessary for the enclosure of irrigation pumping facilities, provided the
facilities are the minimum size necessary to accomplish facility protection.
3. Fences constructed in compliance with Section 5.
B. All other yard requirements shall be determined in accordance with the underlying
zoning and other applicable codes.
LT-0 Boundary
c (l
Figure 1: Setbacks
Single Family
Residence
ToOHWM
111
Page 2
Accessory
Structure
R
/ '-...__
/Parking
/lot '-...__
/
/
Edge of Trail
Multi-Family
Right of Way I
I 7S'Fro
rn Centerline
e ,.
17.50.050 Fencing
A. Fencing in the L T-0 shall be open chain link or open wire fencing not to exceed a
maximum height of 48 inches within 1 O feet of the lot line that abuts the Apple
Capital Loop Trail, at which point fences may be a maximum of 6 feet in height.
B. Fences installed to secure facilities owned and maintained by a public agency within
the Loop Trail Overlay shall be open chain link or open wiring not to exceed 48
inches in height.
Figure 2: Examples of Permitted Fence Types
17.50.060 Trail Crossings
At-grade trail crossings for motorized vehicles are prohibited.
17.50.070 Non-motorized Access
A. Paths from private properties to the trail must be maintained to control weeds
remove noxious weeds, prevent erosion by wind and water, and not pose a hazard
to trail users.
B. Commercial, multifamily residential, and mixed use development and new land
divisions must be designed to provide joint use access points to minimize ground
disturbance between the development and the trail. Trail access paths for joint use
access must meet the standards of EWMC 12.53.030(C).
Page 3
17.50.080 Vehicular Access Ways and Streets
Vehicular access ways, driveways, streets and roads are prohibited within the L T-0
district except where accessing public amenities and facilities associated with the trail
and/or parkland.
17.50.090 Landscaping
The intent of this section is to provide adequate landscaping to preserve the character
of the Apple Capital Loop Trail. Developments located along the Trail are generally
oriented to have views of the Columbia River. The requirements of this section are
intended to balance the goal of establishing a vegetative buffer between the Trail and
adjacent uses while allowing for scenic views of the Columbia River.
A. These standards apply only to property that abuts the Trail property, within the L T-0
district, and are supplemental to the landscaping requirements of the underlying
zoning district, as specified in chapter 17. 72 EWMC.
I B. New multi-family residential development, commercial development and mixed-use
development shall provide landscaping meeting the following standards:
1. Plantings are required within a 15 foot wide landscape area adjacent to the
property line abutting the Apple Capital Loop Trail.
2. Plantings shall be a minimum spacing of 6 feet on center for shrubs and 30 feet
on center for trees.
I C. Private landscaping areas and plantings shall not extend onto public Apple Capital
Loop Trail property.
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