HomeMy WebLinkAboutOrdinances - 2016-11 - Amending EWMC Chapter 17.32 Residential High Density / Office district - 8/8/2017City of East Wenatchee, Washington
Ordinance No. 2016-11
An Ordinance of the City of East Wenatchee amending the East Wenatchee
Municipal Code Chapter 17.32 Residential High Density/Office District to clarify
land uses; and to reduce minimum lot area, lot dimensions, and setbacks.
Una Ordenanza de la Ciudad de East Wenatchee se modifica el Wenatchee del
Código Municipal Capítulo 17.32 Residencial de Alta Densidad / Distrito Oficina
para aclarar los usos del suelo; y reducir el área de lote mínimo, las dimensiones de
lote, y retrocesos.
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.
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Exhibit A
Chapter 17.32 R-H RESIDENTIAL HIGH DENSITY/OFFICE DISTRICT
Sections: 17.32.010 Purpose. 17.32.020 Permitted uses. 17.32.030 Accessory uses. 17.32.040 Conditional uses. 17.32.045 Prohibited uses. 17.32.050 Dimensional standards. 17.32.060 Off-street parking requirements. 17.32.070 Landscaping. 17.32.080 Site plan review. 17.32.090 Design standards and guidelines.
17.32.010 Purpose.
The R-H residential high density/office district is a land use classification suitable for high level of diversity and density in residential housing types and offices and limited commercial opportunities that can be integrated into the residential area. Uses are limited to residential and office uses and those uses deemed not to be unduly detrimental to the character of the district. (Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
17.32.020 Permitted uses.
The following uses shall be permitted uses in the R-H district:
A. Any permitted uses allowed in the R-L district with the exception of agricultural uses;
B. Apartments, duplexes, assisted living facilities, and other multifamily dwelling units up to 24 dwelling units per acre;
C. Boardinghouses, lodging houses and housekeeping rooms;
D. General or professional offices; provided, all of the following criteria are satisfied:
1. The term “general or professional offices” for this section includes a building or separately defined space (which may include more than one building) occupied by doctors, dentists, accountants, bookkeepers, insurance agents, realtors, attorneys, optometrists, architects, professional engineers and surveyors, or any group or combination with a professional or personal service business, excluding commercial laundries, funeral services or other services where the use of hazardous chemicals, equipment, or process which creates noise, vibration, glare, smoke, dust, fumes, odors, heat or electrical interference with any radio or television receivers. In case of a dispute the administrator shall
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determine whether or not the proposed use is a professional or personal service business.
2. The use of an office does not include retail sales or manufacture of goods unless incidental and subordinate to the primary use of the property for the professional or service business, provided such operation or use does not exceed 30 percent of the floor area of the primary structure, or 3,000 square feet in area, whichever is less;
3. The lot has frontage on an arterial or collector street as shown on the comprehensive plan and uses such frontage as its primary access;
4. Off-street parking is provided in compliance with the provisions of EWMC 17.72.010, as the same exists now or may hereafter be amended;
5. Screening shall be provided on any property line abutting a residential land use consisting of a continuous fence supplemented with landscape planting or a continuous wall, evergreen hedge or combination thereof which effectively screens the area which it encloses. All required screening shall be constructed to the maximum heights allowable for fences;
6. Business hours are limited to between 7:00 a.m. and 10:00 p.m. daily;
E. Mobile/manufactured home parks meeting the standards of EWMC 17.64.130, including all future amendments. (Ord. 13-04 § 9, 2013; Ord. 13-03 § 5, 2013; Ord. 12-20 § 6, 2012; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
17.32.030 Accessory uses.
Subject to the dimensional standards set forth in EWMC 17.32.050, the following uses shall be accessory uses in the R-H district:
A. All accessory uses allowed in the R-L district under conditions applicable to the R-L district as set forth in EWMC 17.24.030, except the keeping and raising of livestock and poultry. (Ord. 13-03 § 6, 2013; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 2000-3 § 4, 2000; Ord. 2000-02 § 8, 2000; Ord. 91-5 § 2, 1991)
17.32.040 Conditional uses.
The following uses shall be conditional uses in the R-H district under conditions set forth in Chapter 17.64 EWMC:
A. Public schools and private schools;
B. Churches;
C. Clinics (not otherwise qualifying under EWMC 17.32.020(D)), hospitals and sanitariums;
D. Child day care centers (Groups 1 and 2);
E. Public facilities and utilities;
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F. Bed and breakfast facilities;
G. Neighborhood centers;
H. Public parks and playgrounds;
I. Off-street parking facilities as a primary use may be permitted in the R-H district on zoning lots physically contiguous to any commercial district. Such parking uses shall be screened along any property line that abuts or faces a lot zoned for residential purposes pursuant to the requirements for Type I screening in EWMC 17.72.080. Any parking lot created under this section shall directly serve the permitted uses in the contiguous commercial districts. Parking thus provided may be credited toward the required off-street parking requirements for such permitted commercial uses;
J. Broadcast relay tower communication facility subject to the provisions of Chapter 17.70 EWMC, as the same now exists or may hereafter be amended. (Ord. 13-04 § 10, 2013; Ord. 07-05 § 4, 2007; Ord. 02-22 § 13, 2002; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
17.32.045 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 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)
17.32.050 Dimensional standards.
The following are dimensional standards in the R-H district:
A. Minimum lot area:
1. Four thousand 3,200 square feet for single-family dwellings or 3,000 square feet for single-family attached dwellings;
2. Five thousand5,000 square feet for a two-family dwelling;
3. Five thousand square5,000 feet for the first two dwellings plus 1,700 square feet for each additional dwelling unit for multifamily dwelling structures;
4. Seven thousand7,000 square feet for general and professional offices;
B. Maximum density: 24 dwelling units per acre;
C. Minimum width of lot at building line: 50 40 feet for one- or two-story buildings, 60 50 feet for three- to four-story buildings; corner lots shall have a minimum width at the building line of 70 60 feet, except as provided in EWMC 17.72.020(D);
D. Minimum lot depth: 80 feet;
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E. Maximum building height: 50 feet;
F. Maximum land coverage: 50 percent for all structures;
G. Minimum setback distances: except as provided in EWMC 17.72.040(B), (C), (D), (F) and (H):
1. Front yard: 10 feet from the front property line, plus one-half foot for each foot by which the building height exceeds 20 feet. Any garage or carport with entrances facing a street shall be set back at least 20 feet;
2. Rear yard: 15 feet;
3. Side yard: seven 5 feet plus one-half foot for each foot by which the building height exceeds 20 35 feet. To comply with the increased setback requirement for buildings over 35 feet, the building may be designed with the first floor at 5 feet and the upper floors stepped back to meet the increased setback requirement;
4. Buildings on corner lots shall observe the minimum front yard setback on both streets and shall provide at least one rear yard setback. (Ord. 08-09 § 3 Exh. A-1(4), 2008; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 2000-02 § 9, 2000; Ord. 91-5 § 2, 1991)
17.32.060 Off-street parking requirements.
A. The off-street requirements shall be as set forth in EWMC 17.72.010, as the same exists now or may hereafter be amended.
B. All of the parking shall be located to the rear of any front yard setback line and shall not project beyond any side yard setback line. (Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
17.32.070 Landscaping.
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; Ord. 91-5 § 2, 1991)
17.32.080 Site plan review.
Site plan review and approval pursuant to Chapter 17.80 EWMC shall be required prior to the use of land for the location of any commercial activity or for the location of multiple dwelling units. (Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
17.32.090 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)
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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 Douglas County Planning Commission (5-0) at a duly advertised joint-public hearing held on February 17, 2015. Advance notices of the hearing was 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.