HomeMy WebLinkAboutOrdinances - 2016-12 - Amending EWMC Chapter 17.72 General Provisions pertaining to Off-street parking - 8/8/2017City of East Wenatchee, Washington
Ordinance No. 2016-12
An Ordinance of the City of East Wenatchee amending the East Wenatchee
Municipal Code Chapter 17.72 General Provisions pertaining to off-street parking;
structures and setbacks; lot size averaging; accessory dwelling units; and lot
frontage.
Una Ordenanza de la Ciudad de East Wenatchee modificación de las East
Wenatchee Municipal Código Capítulo 17.72 Disposiciones generales relativas al
aparcamiento en la calle; estructuras y retrocesos; un promedio de tamaño de lote;
accesorio de unidades de vivienda; y del frente del lote.
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).
City of East Wenatchee Ordinance 2016-12 Page 2 of 12
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 implement the goals and policies of the
Greater East Wenatchee Area Comprehensive Plan by providing greater flexibility
for design of residential developments to encourage urban densities.
5. Amendment 1. The City Council amends section 17.72.010(G) of the East
Wenatchee Municipal Code to read:
17.72.010(G). Off-Street Parking Requirements – Specified Uses. The following
requirements shall be met in all zones, except as provided for in subsection (B)(1) of
this section. These parking requirements are referenced to spaces per square foot
and are to be computed on the basis of gross floor area unless otherwise specified in
this table.
LAND USE STANDARDS
RESIDENTIAL LAND USES:
Accessory apartmentsdwelling unit 1 space/unit
Bed and breakfast 1 space/bedroom
Boarding or lodging home or room 1 space/bedroom
Duplexes 2 spaces/dwelling unit
Institutional: welfare or correctional institution, sanitarium, nursing home, assisted living facility, retirement home, rest home or convalescent center, congregate care facility
1 space/5 beds or 1 space/5 dwelling units, whichever is less
Multifamily One-bedroom units: 1.5 spaces/dwelling unit; Two or more bedroom units: 2 spaces/dwelling unit; Plus .5 spaces/dwelling unit for guest parking
Student or group housing 1 space/bedroom
Single-family and manufactured home parks 2 spaces/dwelling unit
City of East Wenatchee Ordinance 2016-12 Page 3 of 12
6. Amendment 2. The City Council amends section 17.72.020 of the East Wenatchee
Municipal Code to read:
17.72.020 Use of land or buildings.
Except as herein provided:
A. No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land, building, structure, open space or premises be used, designed or intended to be used for any purpose or in any manner other than a use listed in this title as permitted in the use district in which the land, building, structure or premises is located.
B. No building or structure shall be erected nor shall any existing building or structure be moved, reconstructed or structurally altered to exceed in height the limit established by this title.
C. No yard or other open spaces provided about any building or structure for the purpose of complying with the regulations of this title or amendments thereto shall be considered as providing a yard or open space for any other building or structure.
D. In the residential districts for lots which were lots of record prior to the passage of the ordinance codified in this title and which contain less than the required width and/or less than the required minimum lot area, but contain an area of not less than 5,000 square feet and a minimum width at building line of not less than 40 feet, a building permit may be issued by the administrator of this title without a hearing before the board of adjustmenthearing examiner; provided, that the structure built on any such nonconforming lot of record shall meet all of the remaining dimensional standards required in the district in which the structure is located. (Ord. 07-05 § 7, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
7. Amendment 3. The City Council amends section 17.72.040 of the East Wenatchee
Municipal Code to read:
17.72.040 Structures generally.
A. No accessory building shall be used as a place of habitation, unless expressly permitted otherwise by this title and city building, life and safety codes.
B. Accessory structures may be built within a rear yard; provided, that the required total open space areamaximum lot coverage is not exceeded,and that no structure or combination of structures shall cover more than 50 percent of the area of the rear yard. and the allowable size of structure is not exceeded.
C. No accessory structure shall occupy any part of a required front yard area.
D. Accessory structures may observe a three-foot setback in the side and rear yard areas; provided, that no combination of structures extend more than 50 percent of the horizontal distance of the rear or side property line. Accessory buildings may observe a zero setback where a rear or side property line is adjacent to an alley. In all other circumstances, accessory buildings shall observe a five-foot setback in rear and side yard areas. No roof eave or any other part of the structure may project
City of East Wenatchee Ordinance 2016-12 Page 4 of 12
shall or overhang across any property line and said structure shall be constructed with a roof that directs stormwater runoff away from any neighboring properties.
E. All gasoline station pump islands shall be set back at least 15 feet from all property lines.
F. If a lot in a residential district not facing on a substandard street or half-street is adjoined on both sides by lots on which structures are set back less than the required front yard setback, a new structure on the heretofore vacant center lot may set back a distance equal to the average setback of the two adjoining properties but in no case shall the garage setback be less than 20 feet. All lots used for this average setback provision must be located within the same zoning district.
G. Cul-de-Sacs or Irregular Lots. No building or structure shall be erected where the front building setback line measures less than 60 feet wide, except when located in a manufactured home park or if specifically approved as a part of a planned development (from Douglas County Code).
H. Boundary Streets or Substandard Streets. For structures constructed on boundary streets where only one-half of the street has been dedicated or streets with substandard right-of-way based upon the street classification, the front yard setback distance shall include the required front yard setback for the specific zoning district plus the required distance from the required right-of-way centerline.
For example: A structure in the R-L district on a local access street where the required right-of-way distance from centerline is 25 feet, the setback would be 15 feet for the primary dwelling and 20 feet for the garage plus 25 feet for a total of 40 feet for the primary dwelling and 45 feet for the garage.
I. Cornices, eaves, gutters, sunshades and other similar architectural features may project not more than two feet into required yard areas. Chimneys, staircases and steps are considered a part of a structure or a building and are not permitted to project into a required yard area. Except that steps or staircases with a total height of less than 42 inches may project into the required front or rear yard area. No projection of any kind is permitted to project into any easement (public or private). Terraces at grade level covering not over 10 percent of the ground area may be allowed within required yard areas. Steps or staircases with a total height of less than 42 inches may project into the required yard area.
J. Reduction of Front Yard Setback Requirements in Consideration of Slope. To ensure safe ingress/egress to the property, the process provided below is subject to the approval of the street superintendent and city engineer:
1. Front yard requirements may be reduced under the following conditions:
a. The front yard may be reduced by five feet, when the natural slope of the front 50 feet of the lot equals or exceeds one foot of fall/rise in seven feet of distance from the property line (i.e., slope of 14 percent or greater).
City of East Wenatchee Ordinance 2016-12 Page 5 of 12
b. The front yard may be reduced by 10 feet, when the natural slope of the front 50 feet of the lot equals or exceeds one foot of fall/rise in four feet of distance from the front property line (i.e., slope of 25 percent or greater).
2. To avoid backing of vehicles directly onto the street, all driveways and entrances to garages and carports shall be parallel or nearly parallel to the street or configured in such a manner that provides a turnaround area or sufficient unobscured parking area to allow vehicles to be completely outside the structure before entering the street.
3. The natural grade of the slope shall be maintained as much as possible.
4. The impact on sight distance along the adjoining street shall be considered when reviewing and approving the use of this setback reduction process. (Ord. 07-05 § 7, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
8. Amendment 4. The City Council amends section 17.72.045 of the East Wenatchee
Municipal Code to read:
17.72.045 Lot size averaging.
A. A subdivision or short subdivision will meet the minimum lot area of the zone in which it is located if the area in lots plus critical areas and their buffers and areas designated as open space or recreational uses, if any, divided by the total number of lots equals or exceeds the minimum lot area of the zone in which the property is located. In no case shall the density achieved be greater than the gross site area density permitted under within the underlying zoning district.
B. This section shall only apply within residential zoning districts.zones having a minimum lot area requirement of 12,500 square feet or less.
C. Each single lot shall be at least 3,000 square feet in area.
D. Lots in subdivisions and short subdivisions created under the provisions of this section shall have a maximum lot coverage of 55 percent.
E. Lots with less than the prescribed minimum lot area for the zone in which they are located shall have a minimum lot width of at least 40 feet, and front yard setbacks of 15 feet except that garages must be set back 18 feet from the right-of-way (with the exception of alleys) and corner lots may reduce one front yard setback to no less than 15 feet.
F. Preliminary subdivisions approved utilizing lot averaging shall not be recorded by divisions unless such divisions individually or together as cumulative, contiguous parcels, satisfy the requirements of this section.
G. Roadways and surface detention/retention facilities shall not count toward the calculations for lot size averaging. However, surface detention/retention facilities shall count toward calculations for lot size averaging if the unless the detention/retention facility is either (1) designed and constructed so as to appear as
City of East Wenatchee Ordinance 2016-12 Page 6 of 12
a natural wetland system, or (2) designed and constructed in a manner that provides active or passive recreational benefits in a natural or manicured landscaped setting. (Ord. 07-05 § 7, 2007)
9. Amendment 5. The City Council amends section 17.72.190 of the East Wenatchee
Municipal Code to read:
17.72.190 Accessory dwelling units.
Accessory dwelling units are permitted within residential zoning districts. Accessory dwelling units shall be on the same lot as the primary residence and shall meet the following provisions:
A. Only one accessory dwelling unit shall be permitted per lot;
B. The owner of the property on which the accessory dwelling unit is located shall reside in either the primary unit or the accessory unit. “Owner” shall include title holders and contract purchasers;
C. One off-street parking space in addition to off-street parking spaces required for the primary dwelling shall be provided for use by the accessory dwelling;
D. The accessory dwelling unit shall comply with the minimum requirements of applicable city zoning and construction codes, health district, and all other local, state and federal agencies;
E. The city may require the recording of title notices as appropriate to disclose the circumstances and conditions of an authorized accessory dwelling use;
F. An accessory dwelling may be established in either an existing or a new residence;
G. Only one home occupation permit shall be permitted on any lot containing an accessory dwelling;
H. Attached accessory dwelling units shall meet the following provisions:
1. The accessory dwelling unit size shall not exceed the gross floor area of the primary dwelling unit and shall not exceed 1,200 square feet in area;
2. The minimum lot area shall be 8,000 square feet;
3. An outside exit for the accessory dwelling must be provided; and
4. Exterior alterations or additions for the accessory dwelling shall be consistent with the design of the primary residence including matching materials, colors, window style, and existing facade.
I. Detached accessory dwelling units shall meet the following provisions:
1. The minimum lot area shall be equal to or greater than 16,00010,000 square feet;
2. The accessory dwelling unit shall not exceed 1,200 square feet in area excluding any related garage or carport area;
City of East Wenatchee Ordinance 2016-12 Page 10 of 12
Exhibit A
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.
City of East Wenatchee Ordinance 2016-12 Page 11 of 12
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.
City of East Wenatchee Ordinance 2016-12 Page 12 of 12
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.