HomeMy WebLinkAboutOrdinances - 2017-08 - Amending Chapter 17.73 of EWMC updating Open Space Standards - 6/13/2017City of East Wenatchee, Washington
Ordinance No. 2017-08
An Ordinance of the City of East Wenatchee updating its Open Space Standards by
amending Chapter 17.73 of the East Wenatchee Municipal Code and establishing
an effective date.
Una Ordenanza de la Ciudad de East Wenatchee que actualiza sus Estándares de
Espacio Abierto al enmendar el Capítulo 17.73 del Código Municipal de East
Wenatchee y establecer una fecha efectiva.
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.
2.2. The East Wenatchee Planning Commission held the initial public hearing on
February 7, 2016 to consider the proposed amendments. That hearing was
continued until March 7. 2017.
2.3. Following the public hearing on March 7, 2017, the City Planning
Commission recommended a continuation of the review process regarding
the amendments until there is a resolution among the City, the Park
District, County Commissioners, and Planning Commission regarding the
“payment in lieu of” option.
2.4. A joint public meeting was held including the City Council, the Eastmont
Metropolitan Park District Commissioners, the Douglas County
Commissioners, and the East Wenatchee Planning Commission at which
additional amendments were discussed and the County Commissioners
agreed to accept the optional “payment in lieu of” funds.
2.5. The East Wenatchee Planning Commission held a duly advertised, public
hearing on May 30, 2017, to consider the proposed text amendments to the
East Wenatchee Municipal Code. Following the public hearing, the planning
commissions took action to recommend approval of the text amendments and
City of East Wenatchee Ordinance 2017-__ Page 2 of 6
entered findings and conclusions into the record in support of their
recommendation.
2.6. The City Council finds that it is in the best interests of the City and its
citizens to amend the process regulating the provision of open space and
recreation facilities to serve residents of certain developments.
3. Authority.
3.1. 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.
3.2. RCW 35A.63 and RCW 36.70A authorize the City Council to adopt and
amend development regulations.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS
FOLLOWS:
4. Purpose. The purpose of this ordinance is to amend the process for setting aside
areas of land for basic recreation, parks and open space needs created by new
subdivisions, short plats, and binding site plan and clarifying the provisions
related to an optional payment of funds in lieu of providing on-site open
space/recreation facilities.
5. Amendment. The City Council amends Chapter 17.73 – Open Space Standards
of the East Wenatchee Municipal Code as set forth in Exhibit A to this
Ordinance:
6. Findings of Fact and Conclusions of Law. In addition to the Recital listed above,
the City Council adopts the following findings of fact and conclusions of law.
Findings of Fact
1. The proposal under consideration is a joint city of East Wenatchee and Douglas County proposal amending the text of the East Wenatchee Municipal Code (EWMC) in chapter 17.73 relating to Open Space Standards. The proposed amendments will correct several references in that chapter as well as clarifying the provisions related to an optional payment of funds in lieu of providing on-site open space/recreation facilities, and reduce the area requirements for on-site open space/recreation facilities
2. The proposal 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. Douglas County and the city of East Wenatchee have adopted a comprehensive plan in accordance with the provisions of the Growth Management Act, RCW Chapter 36.70A.
City of East Wenatchee Ordinance 2017-__ Page 3 of 6
4. RCW Chapter 36.70A authorizes the adoption of amendments to development regulations.
5. The planning commissions are responsible for long-range planning matters and providing implementation recommendations to assure compliance with the GMA.
6. The proposed zoning text amendments were discussed and reviewed by the City Council at their meeting on November 8, 2016.
7. The East Wenatchee Planning Commission held a public workshop on this proposal on November 15, 2016. Notice of that workshop was e-mailed to 75 individuals or agencies. At the conclusion of that workshop the Planning Commission took action to initiate a repeal of chapter 17.73 EWMC.
8. At the November 22, 2016 City Council meeting, the Council discussed the City Planning Commission’s recommendation to repeal chapter 17.73 and took action to remand the amendment proposal back to the Planning Commission.
9. At the December 6, 2016 City Planning Commission meeting, staff transmitted the remand from the City Council and proposed additional amendments to chapter 17.73.
10. A threshold determination and environmental review pursuant to RCW 43.21C the State Environmental Policy Act was completed and a Determination of Non-significance (DNS) was issued on December 14, 2016. The DNS was printed in the Wenatchee World on December 18, 2016 with a 14-day comment period that ended on January 3, 2016. No comments have been received regarding this proposal.
11. A notice of intent to adopt amendments to the development regulations and request for expedited review was submitted to the Washington State Department of Commerce (Commerce) and other state agencies for review of the proposal on December 14, 2016. Commerce assigned Material ID 20671 to the proposal and granted expedited review on January 3, 2017.
12. The notice of intent to adopt amendments to the development regulations was submitted to Douglas County, Chelan County, the City of Wenatchee, and Eastmont Metropolitan Park District on December 14, 2016 requesting comments by January 3, 2017. No comments were received regarding this proposal.
13. The proposed amendments to the GEWA and zoning code were presented to the Douglas County Planning Commission at their January 11, 2016 public meeting.
City of East Wenatchee Ordinance 2017-08 Page 4 of 6
14.A Notice of Public Hearing for the East Wenatchee Planning Commissionwas published in the Wenatchee World on January 27, 2017.
15.The East Wenatchee Planning Commission held a public hearing onFebruary 7, 2016.
16.The East Wenatchee Planning Commission has reviewed the entire recordincluding the goals and policies of the comprehensive plans, and publictestimony (both written and oral) as it relates to the proposed developmentregulation amendments.
17.Douglas County and East Wenatchee coordinate in long-range planningwithin the Greater East Wenatchee Area. The Douglas County RegionalPolicy Plan established the protocol for amendments to comprehensiveplans and development regulations.
Conclusions of Law
1.The City hereby finds that the proposed amendments to the text of theEast Wenatchee Municipal Code are consistent with the proceduralrequirements of the GMA in RCW 36.70A.
2.The proposal has been processed in compliance with the procedural andsubstantive requirements of the State Environmental Policy Act, RCW43.21C.
3.The proposed text amendments are consistent with and implement thegoals and policies in the Greater East Wenatchee Area ComprehensivePlan and the Douglas County Regional Policy Plan.
4.Proper legal requirements of RCW 36.70A.106 and EWMC Title 19 weremet and the community was given the opportunity to comment on theproposal at a duly noticed public hearing.
7.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.
8.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.
9.Effective Date. This Ordinance becomes effective five days after the date its
summary is published.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this
13th day of June, 2017.
Summary of
City of East Wenatchee, Washington
Ordinance No. 2017·08
On the� day of k '-_, , 2017, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2017-08, the main point of which may be summarized by its title as follows:
An Ordinance of the City of East Wenatchee updating its Open Space Standards by amending Chapter 17.73 of the East Wenatchee Municipal Code and establishing an effective date.
The full text of this Ordinance is available at www.east-wenatchee.com.
Dated this [{,+/,. day of __ j ___ MM->--�------' 2017.
�ilL a. fl1VA'F?-Darrnarnard, City Cterk
City of East Wenatchee
Ordinance 201 7-08
Page 6 of 6
Page 198 of 276
Exhibit A
Amended Chapter 17.73 Open Space Standards (PC Approved 5/30/2017)
Page 1
Proposed Amendments
Chapter 17.73 OPEN SPACE STANDARDS
Sections:
17.73.010 Purposes.
17.73.020 Applicability.
17.73.030 Exemptions.
17.73.040 Standards for dedicationOn-Site Open Space.
17.73.050 Implementation.
17.73.060 Improvements.
17.73.070 Stormwater detention facilities.
17.73.080 Rights and duties.
17.73.090 Voluntary payment in lieu of dedicationElective optional payment in lieu
of establishing on-site open space/recreation area.
17.73.010 Purposes.
The purposes of this chapter are:
A. To ensure the general health, safety and welfare of the citizens of the City East
Wenatchee and the residents of Douglas County, living within the East Wenatchee
Urban Growth Area;
B. To establish a means of setting aside areas of land for basic recreation, parks and
open space needs created by new subdivisions, short plats, and binding site plans;
C. To equitably distribute the cost of providing parks and open space;
D. To mitigate any adverse impacts on neighborhoods without adequate parks, open
space and recreational facilities when approving new development;
E. To ensure compliance with the purposes of chapters 16.16 and 16.18 of the East
Wenatchee Municipal Code and RCW 58.17.110, as amended, which require that
local governments make appropriate provision for the establishment of parks, open
space and recreational areas at the time it considers approval of a proposed
subdivision;
F. To implement the goals and policies regarding open space and recreation in the
Greater East Wenatchee Area Comprehensive Plan.
17.73.020 Applicability.
This chapter applies to every subdivision, short plat or binding site plan of contiguous
land where any one of the following conditions is met:
A. The land to be divided equals 10 acres or more and is located wholly or in part within
the East Wenatchee Urban Growth Area;
B. Within the East Wenatchee Urban Growth Area, residential or mixed-use subdivision
or binding site plan creating 10 or more lots.
C. Projects meeting the standards provided in this chapter are not required to comply
with EWMC 17.72.230, as amended.`
Exhibit A
Amended Chapter 17.73 Open Space Standards (PC Approved 5/30/2017)
Page 2
D. Open space created to comply with this chapter may be incorporated with the
requirements in the Greater East Wenatchee Urban Growth Area Design Standards
& Guidelines, as amended.
17.73.030 Exemptions.
Re-division of lots created after the adoption of the standards in this chapter are exempt
from any additional dedications ofrequirement to create an on-site open
space/recreation area; provided that future lots have access, as required by this
chapter, to the open space/recreation areas dedicated established in the original
project.
17.73.040 Standards for dedication On-Site Open Space.
The minimum usable open space/park recreation area dedicated for all divisions of land
for residential purposes subdivisions must be at least 10 5 percent of the total gross site
area. For commercial or industrial subdivisions, short plats and binding site plans, the
minimum usable open space/park recreation area dedicated provided shall be 5 percent
of the total gross site area. Required open space/park recreation area must meet the
following standards:
A. For the purpose of calculating the open space/park recreation requirement, the open
space/park recreation area must be separate and distinct from required yards,
setbacks, and landscaped areas. Up to 50 percent of the required open space may
consist of areas of native vegetation that are also allowed to fulfill the critical areas
buffer requirements in chapters 18.12 and 18.12A-F EWMC or stormwater facilities
that are designed for active and/or passive recreation opportunities in accordance
with this chapter and chapter 13.30 EWMC, as amended.
B. All open space/park recreation areas must include 2 or more facilities for active
and/or passive recreation, selected from the lists below. At least 1 of the required
recreation facilities must be from the list of active recreation facilities. This area may
include stormwater facilities that are designed for active and/or passive recreation
opportunities in accordance with chapter 13.30 EWMC, as amended.
1. Active Recreation Facilities.
a. Children's play equipment, such as slides, swings and play structures;
b. A paved hard court for activities such as basketball, tennis, pickleball, etc.;
c. A flat, open lawn area that may serve as a ball field for active play;
d. Other active recreation facility if approved by approval authority.
2. Passive Recreation Facilities.
a. Facilities for walking, such as trails, benches, etc.;
b. Picnicking facilities, such as picnic tables, shelters, etc.;
c. Public plazas;
d. Year-round water features such as a fountain, pond, stream, etc.;
e. Other passive recreation facility if approved by the approval authority.
C. Access to the open space/recreation area must be available to all residents of the
development through a designed and constructed accessible route throughout the
facility. The open space/park recreation area must have convenient access for
Exhibit A
Amended Chapter 17.73 Open Space Standards (PC Approved 5/30/2017)
Page 3
residents and for employees of the development. Access is considered convenient if
there is a paved, ADA accessible route to the facility. The open space/park
recreation area should be consolidated to provide maximum accessibility, visibility,
to minimize impacts to residential uses, and ease of maintenance. The requirement
that the open space/park recreation area be consolidated may be waived by the
approval authority if it finds that the residents of the development would receive a
greater benefit if the required open space/park recreation area were provided in
another configuration due to the unique topographic conditions or critical areas
requirements.
D. The open space/park recreation area should be designed and located in
consideration of existing and potential open space/park recreation areas on adjacent
parcels. This would facilitate consolidation with an existing facility or provide future
opportunities for consolidation of open space/park areas that are created on
adjacent properties.
E. Except where removal is required to meet active recreation requirements in this
chapter, existing trees and significant vegetation must be retained in open
space/park areas. This requirement may be waived if an alternate landscaping plan
for such areas is required or approved by the approval authority.
17.73.050 Implementation.
The required open space/recreation area must comply with the requirements of EWMC
17.72.250, as amended..
17.73.060 Improvements.
All improvements to the open space and recreation area proposed for dedication must
be completed or bonded for prior to final approval of the plat, short plat or binding site
plan unless the developer elects to utilize the provisions in EWMC 17.73.090.
17.73.070 Stormwater detention facilities.
Stormwater detention/retention facilities may be allowed as open space subject to the
provisions of this chapter and the criteria contained in chapter 13.30 EWMC. The design
of such facilities must minimize adverse impacts on the function (e.g., tree preservation,
play area, etc.) and quality of the open space.
17.73.080 Rights and duties.
The owners of open space have the following rights and duties subject to restrictive
covenants or other restrictions:
A. The right to locate recreational facilities, such as tennis courts, swimming pools,
picnic tables and fireplaces accessory to picnic tables designed to be used
exclusively for the use of residents of the development and their guests;
B. The right to locate pedestrian paths, bicycle paths and bridle paths;
C. The right to cover up to 10 25 percent of the land dedicated todesignated for the
open space/recreation facility with impervious surfaces reasonably necessary to
exercise the rights provided in subsections (A) and (B) of this section. An increase in
the 10 25 percent limit may be granted by the administrator if the developer provides
justification that the additional impervious surface is needed to create a useable
recreation area;
Exhibit A
Amended Chapter 17.73 Open Space Standards (PC Approved 5/30/2017)
Page 4
D. The right to take whatever measures are reasonably necessary to protect and
maintain such land, or land or property adjacent thereto, or to correct a hazardous
condition posing a threat to life or limb;
E. The right to regulate access to or entry on the open space land; and
F. The duty to maintain the open space and recreation area in good useable condition
in compliance with the provisions of EWMC 17.72.250 (as enacted or as amended).
The open space/recreation area must be owned in common by the lot owners within
the project or by the homeowner’s association. Maintenance of the open
space/recreation area shall be the responsibility of the lot owners or the
homeowner’s association.
17.73.090 Voluntary payment in lieu of dedication Elective optional payment in
lieu of establishing an on-site open space/recreation area.
In lieu of providing the on-site open space/park recreation facility required by this
sectionchapter, the developer may elect to voluntarily provide a cash donationpayment
to the Eastmont Metropolitan Park District, Douglas County or the city of East
Wenatchee to fulfill the requirements of this chapter.
A. The request must be made in writing by the developer at the time of submittal of a
development application. for the project prior to submittal of a development
application.
B. The donationpayment provisions must be formalized in an agreement that will be
recorded with the Douglas County Auditorand become a covenant on the land.
1. All applicants and/or legal owners of the property upon which the development
activity is to occur must sign an agreement in a form acceptable to the jurisdiction
that will be receiving the optional payment.
2. The agreement shall require the applicant to grant and record a lien as surety for
payment. The agreement shall stipulate the time of payment in accordance with
EWMC 17.73.090(F).
3. The agreement shall also set forth the refund options in EWMC 17.73.090(I)(1) in
the event the funds are not used or encumbered.
4. The rights and the covenants set forth in the agreement must run with the land.
B.5. The agreement shall be binding on all successors in title after being
recorded until released by the entity or jurisdiction receiving the funds.
C. The legislative authority of the jurisdiction receiving the payment in lieu of dedication
must take formal action to accept the donation.
C. Payment amount. The amount of the donationpayment will be determined using a
formula based upon the estimated cost that the developer would incur by creating
the open space/recreational facility required by this chapter using the following
guidelines:
1. The estimated cost should must include the value of the land that would be
required for the on-site open space/recreation facility pursuant to EWMC
17.73.040.
Exhibit A
Amended Chapter 17.73 Open Space Standards (PC Approved 5/30/2017)
Page 5
a. The land value shall be based upon the Fair Market Value of the project site
as determined by a qualified real estate appraiser. The date of the appraisal
shall be within 90 days of the execution of a payment agreement. The cost of
the appraisal, up to a maximum of $2,500, may be subtracted from the
payment made under this provision. The applicant must provide verification of
the appraisal cost.
b. The value of the land that would be required for the on-site open
space/recreation area shall be determined by the per acre value of the entire
project site multiplied by the acreage amount of the required on-site open
space/recreation area.
Example for residential subdivision:
• Project Site Area: 20 acres
• 5% of project site required for open space/recreation 20 x .05 = 1 Acre
• Fair Market Value of Project Site: $840,000
• $840,000/20 = $42,000 per acre value
• $42,000 x 1= $42,000 for fair market value of open space/recreation area
2. The estimated cost of the proposed open space/recreation facilities and access
requirements specified in EWMC 17.73.040. Documentation of the estimated
costs must be provided by the developer.
D.3. A one-time administrative fee of $300 shall be paid by the applicant to the
jurisdiction accepting the funds.
E.D. Use of funds. The donated funds must be used for a park and recreation facility
meeting the following criteria:
1. The facility must be a public facility accessible to the residents of the new
development.
2. The location of the facility must bear a reasonable relationship to the use of the
facility by future inhabitants of the development.
a. Neighborhood parks must be located within 1 mile of the project site.
2.b. Funds may also be used for community and regional park and recreation
facilities.
3. The park facility must satisfy the adopted level of service standards and planned
improvements described in the Eastmont Metropolitan Park District Parks and
Recreation Comprehensive Plan, as amended or the Greater East Wenatchee
Area Comprehensive Plan, including any subarea plans.
4. The funds shall be used solely for the acquisition, development, and expansion
or upgrading of park and recreation facilities including the costs of engineering,
architectural plans, permitting, and financing.
5. The funds shall not be used for general maintenance or operation.
6. If bonds or similar debt instruments are or have been issued for the provisions of
park and recreation improvements, the funds may be used to pay debt service on
Exhibit A
Amended Chapter 17.73 Open Space Standards (PC Approved 5/30/2017)
Page 6
such bonds or similar debt instruments to the extent that the facilities or
improvements provided are consistent with the requirements of this section.
E. Timing of payment. Any payment of funds under this section shall be made in
accordance with the following provisions:
1. The developer has the following two options for payment of the funds. The
agreement must stipulate which option has been selected by the developer:
a. Full payment must be made prior to recording the final plat, short plat, or
binding site plan with the Douglas County Auditor; or
b. A request to defer the full payment in lieu of open space for a period not to
exceed 12 months from the date the subdivision, short plat, or binding site
plan is recorded with the Douglas County Auditor. A request for deferral must
be submitted prior to final recording of the development approval and must be
made on a form provided by and acceptable to the jurisdiction accepting the
payment and must include the following information:
i. Name, address, phone number and e-mail of the applicant.
ii. The specific address, legal description, assessor’s parcel number of the
single-family dwelling for which the deferral is being requested.
iii. The registration number or other unique identification number for the
contractor that will be building the structure.
iv. The full amount of the payment.
v. The applicant requesting the deferral of the payment in lieu of must grant
and record a deferred payment lien against the property in favor of the
jurisdiction accepting the payment in the amount of the deferred payment.
The deferred payment lien must include the legal description, assessor’s
parcel number, and address of the property, and must also be:
(a) In a form approved by the jurisdiction accepting the payment;
(b) Signed by all the owners of the property, with all signatures
acknowledged as required for a deed, and recorded with the Douglas
County auditor’s office at the expense of the applicant;
(c) Binding on all successors in title after the recordation; and
(d) Junior and subordinate to one mortgage for the purpose of
construction upon the same real property granted by the person who
applied for the deferral of payment in lieu of fees.
vi. If full payment is not made in accordance with the deferral and in
accordance with the terms and provisions established herein, the
jurisdiction entitled to the payment may institute foreclosure proceedings
in accordance with Chapter 61.12 RCW.
2. Upon receipt of the payment, the jurisdiction must execute a release of the lien
for the property. The property owner at the time of the release, at his or her
expense, is responsible for the cost of recording the lien release.
Exhibit A
Amended Chapter 17.73 Open Space Standards (PC Approved 5/30/2017)
Page 7
F. Accounting. The payment provided under this section shall be deposited in an
interest-bearing account, clearly identified as reserved for acquisition, development,
and expansion or upgrading of park and recreation facilities. All interest earned on
such funds shall be retained in the fund.
G. Deadline for expending funds. The funds shall be expended or encumbered for a
permissible use within 5 years after receipt, unless there exists an extraordinary or
compelling reason for the funds to be held longer than 5 years. In cases where
extraordinary or compelling reasons exist, such reasons shall be identified in written
findings approved by the governing board of the jurisdiction holding the funds. In
determining whether the funds have been encumbered, they shall be considered
encumbered on a first in, first out basis.
H. Refunds.
1. If development approval expires without commencement of construction for the
project, the developer shall be entitled to a refund including the actual interest
earned on the payment. The developer must submit an application for such a
refund to the administrator within 30 days of the expiration of the project
approvals.
2. If the jurisdiction receiving the funds fails to expend or encumber the funds within
5 years of the date the funds were received, the funds shall be returned including
the actual interest earned on the payment.
a. The agreement referenced in subsection B above shall specify whether the
funds are to be refunded to the developer or to be refunded to the current
owner(s) of record of the property within the development that provided the
payment. Unless the agreement states otherwise any funds to be refunded to
the current owner(s) shall be equally divided by the number of lots within the
project without regard to lot size or value.
b. The jurisdiction receiving the payment shall provide notice to all potential
claimants, identified in the agreement, that the funds may be refunded. The
notice to potential claimants must be sent by first class mail, deposited with
the U.S. Postal Service at the last known address of claimants as noted in the
records of the Douglas County Assessor or as specified in the agreement.
c. The request for a refund must be submitted by the claimant in writing within
one year of the date the right to claim the refund arises or the date notice is
given, whichever is later.
3.d. Any payments that are not expended within these time limitations and for
which no application for refund has been made within the one-year period,
shall be retained and expended on eligible capital facilities.