HomeMy WebLinkAboutOrdinances - 2016-13 - Amending EWMC Chapter 17.08 Definitions - 8/8/2017City of East Wenatchee, Washington
Ordinance No. 2016-13
An Ordinance of the City of East Wenatchee amending the East Wenatchee
Municipal Code Chapter 17.08 Definitions sections regarding lot lines, lot width,
and lot types and adding new definitions and diagrams illustrating certain defined
terms.
Una Ordenanza de la Ciudad de East Wenatchee modificación de las secciones
Wenatchee del Código Municipal Capítulo 17.08 Definiciones relativas a las líneas
de lote, la anchura gran cantidad y tipos de lote y la adición de nuevas definiciones
y diagramas que ilustran ciertos términos definidos.
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 2016-13 Page 2 of 10
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 17.08.384 of the East Wenatchee
Municipal Code to read:
17.08.384 Lot line, front.
“Front lot line” means any property line of a lot which abuts a street, other than an alley., is considered the front lot line. Corner lots, or lots bounded by more than one street, shall be considered to have two front lot lines. (Ord. 02-22 § 3, 2002)
6. Amendment 2. The City Council amends section 17.08.385 of the East Wenatchee
Municipal Code to read:
17.08.385 Lot line, rear.
“Rear lot line” means the property line that is most opposite or most distant from the designated front lot line, and does not intersect any front lot line. Corner lots with two front yards must designate one rear lot line, maintaining the applicable required rear yard. The remaining lot line will be a side lot line. In the case of triangular or otherwise irregularly shaped lotslot, the rear lot line is a line 10 feet
City of East Wenatchee Ordinance 2016-13 Page 3 of 10
in length entirely within the lot, parallel to and at a maximum distance from the front lot line. (Ord. 02-22 § 4, 2002)
7. Amendment 3. The City Council amends section 17.08.386 of the East Wenatchee
Municipal Code to read:
17.08.386 Lot line, side.
“Side lot line” means any lot line that is not a front or rear lot line, or any lot line that intersects a front lot line. (Ord. 02-22 § 5, 2002)
8. Amendment 4. The City Council adds a new section 17.08.393 of the East
Wenatchee Municipal Code to read:
17.08.393 Lot, substandard.
"Substandard lot" (Substandard lot) means a lot that was lawfully established and met the lot area and lot width requirements of the East Wenatchee Municipal Code when it was established but does not conform to the lot area and width required to create a new lot in the zone in which it is currently located.
9. Amendment 5. The City Council adds a new section 17.08.395 of the East
Wenatchee Municipal Code to read:
17.08.395 Lot, through.
"Lot, through" ("Through lot") means a lot having frontage on two parallel or private roads that do not intersect at the lot line.
10. Amendment 6. The City Council amends section 17.08.400 of the East Wenatchee
Municipal Code to read:
17.08.400 Lot width.
“Lot width” means the distance between the side lines of a lot. Lot width shall be determined by the diameter of the largest circle that can be drawn within the boundaries of a lot. The diameter of the circle must be equal to or greater than the minimum lot width requirement of the underlying zone.the dimension of the lot line at the street or in an irregular shaped lot the dimension across the lot at the building line, or in a corner lot the narrow dimension of the lot at a street or building line. (Ord. 91-5 § 2, 1991)
City of East Wenatchee Ordinance 2016-13 Page 4 of 10
11. Amendment 7. The City Council amends section 17.08.660 of the East Wenatchee
Municipal Code to read:
17.08.660 Zero lot line development.
"Zero lot line development" means the location of a building on a lot in such a manner that any portion of one or more of the building’s walls rests directly on a side or rear lot line. Each dwelling in a zero lot line development shall be located on its own individually platted lot.
City of East Wenatchee Ordinance 2016-13 Page 8 of 10
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 2016-13 Page 9 of 10
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 2016-13 Page 10 of 10
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.
