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HomeMy WebLinkAboutOrdinances - 2020-14 - Amending Ordinance 2016-16, North End Planned Action, cost of construction adjustment inflation - 9/15/2020City of East Wenatchee Ordinance 2020-14 Page 1 of 7 City of East Wenatchee, Washington Ordinance No. 2020-14 An Ordinance of the City of East Wenatchee amending Attachment D, Part C. of Ordinance 2016-16 to include a new item #6 establishing a cost of construction adjustment inflation factor for the transportation mitigation fee, containing a severability clause, and establishing an effective date. Una Ordenanza de la Ciudad de East Wenatchee que enmienda el Adjunto D, Parte C. de la Ordenanza 2016-16 para incluir un nuevo artículo # 6 que establece un factor de inflación de ajuste del costo de construcción para la tarifa de mitigación de transporte, que contiene una cláusula de divisibilidad y establece una fecha. 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. On August 25, 2020, the East Wenatchee Planning Commission held an open-record public hearing and voted (5-1) to recommend that the City Council adopt the proposed East Wenatchee Municipal Code amendments and an amendment to the North End Planned Action Ordinance to add an inflation factor to the transportation mitigation fee. 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. Amendment. The City Council amends Attachment D, Part C. of Ordinance 2016-16 to include a new item #6 establishing a cost of construction adjustment to read as follows: 6. Cost of construction adjustment. In order to collect mitigation fees that are City of East Wenatchee Ordinance 2020-14 Page 2 of 7 sufficient to address the collective transportation impacts and cost of mitigation improvements associated with planned actions, the County/City shall adjust transportation mitigation fees annually. The transportation mitigation fee obligation in Attachment E, row 17 shall be adjusted annually in accordance with indices employed by Washington State department of transportation WSDOT or an equivalent as determined by the Public Works Director. The most recently published index is used for the following year. This adjustment shall occur automatically on January 1 of each year unless otherwise determined by ordinance of the County/City. 5. 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. 5.1. FINDINGS OF FACT 5.1.1. The requested actions are recommendations regarding 5.1.1.1. The adoption of amendments to the East Wenatchee Municipal Code (EWMC) establishing a new North End Wenatchi Landing Overlay District. Amendments to EWMC Chapters 17.34, 17.42, 17.46 and creation of a new Chapter 17.54 North End Wenatchi Landing Overlay. 5.1.1.2. Amendment to the North End Planned Action Ordinance (City of East Wenatchee Ordinance 2016-16 and Douglas County Ordinance TLS 16-09-37C) to add a cost of construction adjustment to the transportation mitigation fees. 5.1.2. East Wenatchee and Douglas County have adopted Comprehensive Plans pursuant to the Growth Management Act (GMA) and RCW Chapter 36.70A, which through a series of planning area Comprehensive Plans there were found to be consistent with each other and with the adopted GMA plans of the adjoining jurisdictions. 5.1.3. The Greater East Wenatchee Area Comprehensive Plan (2018) reflects the community’s preferred future and contains goals and policies. The goals and policies from the comprehensive plan stress that development should occur when infrastructure is available to support the project and in a manner that is compatible with surrounding uses and preserves and protects the community’s quality of life. 5.1.4. The North End Master Site Plan was adopted on October 10, 2016 by the City of East Wenatchee with Ordinance 2016-15 and by Douglas County with Ordinance TLS 16-08-37B. 5.1.5. The North End Master Site Plan Planned Action was adopted on City of East Wenatchee Ordinance 2020-14 Page 3 of 7 October 10, 2016 by the City of East Wenatchee with Ordinance 2016-16 and Douglas County with Ordinance TLS 16-09-37C. 5.1.6. The Vision Statement for the North End Master Site Plan is to “Establish a prosperous center for job-creating industry and a tourist and recreation destination at the North End of East Wenatchee.” 5.1.7. The North End Master Site Plan focuses growth in upland areas east of the Apple Capital Loop Trail and Rocky Reach Trails, avoids environmentally and culturally sensitive shoreline areas, and promotes a range of land uses and infrastructure investments intended to enhance the employment and tourism opportunities of the UGA consistent with the policies of the Comprehensive Plan and associated Greater East Wenatchee Area Plan. 5.1.8. Some of the uses identified in the Waterfront Mixed Use and General Commercial zoning districts, while appropriate for those districts in general, are not consistent with the vision or the land use concept adopted in the master plan. These are uses that are land intensive and have negligible job generation, produce relatively few vehicular trips and would not support the cost of infrastructure that is being implemented to achieve the more intensive vision that would further advance the economic development goals of the City and the County 5.1.9. A new overlay district is necessary to establish a range of uses that can implement the development type and intensity that is consistent with the adopted plan. 5.1.10. A new overlay district is necessary to establish the mixed-use residential component of the adopted plan. 5.1.11. A new overlay district is necessary to implement the design guidelines, buffering and transition standards, and street and sidewalk standards adopted in the plan. These guidelines and standards are critical to guiding development projects which will work together to achieve the vision of creating a prosperous center for job-creating industry and a tourist and recreation destination. 5.1.12. RCW Chapters 36.70 and 36.70A authorize the adoption of amendments the comprehensive plan and development regulations. 5.1.13. WAC 365-196-800 requires that development regulations must be consistent with and implement comprehensive plans adopted pursuant to the act. The WAC section continues to define ‘implement’ that is “connotes not only a lack of conflict but also a sufficient scope to fully carry out the goals, policies, standards and directions contained in the comprehensive plan”. City of East Wenatchee Ordinance 2020-14 Page 4 of 7 5.1.14. WAC 365-196-810 requires that when adopting any development regulation intended to carry out a comprehensive plan, the proposing county or city should review its terms to ensure it is consistent with and implements the comprehensive plan and make a finding in the adopting ordinance to that effect. 5.1.15. The Planning Commission is responsible for long range planning matters and providing implementation recommendations to assure compliance with the Growth Management Act. 5.1.16. The City of East Wenatchee and Douglas County adopted the North End Planned Action Final EIS on August 29, 2016 under WAC 197-11-172. 5.1.17. The City of East Wenatchee and Douglas County adopted the North End Planned Action on October 10, 2016. 5.1.18. Douglas County Issued a Determination of Non-significance and Adoption of Existing Environmental Document on November 18, 2019 in accordance with WAC 197-11-340(2). The comment period ended January 17, 2020. 5.1.19. On November 5, 2019, the Douglas County Board of Commissioners adopted Ordinance TLS 19-18-50A establishing an Interim Control establishing a new North End Wenatchi Landing Overlay District in accordance with RCW 36.70.795. A public hearing on the interim control was held on December 17, 2019. 5.1.20. Douglas County initiated a joint 60-day comment period with the City of East Wenatchee as required by RCW 36.70A.106 on November 18, 2019. The comment period concluded on January 17, 2020. 5.1.21. The Notice of Public hearing before the Planning Commission was published on February 14, 2020. 5.1.22. Notice of Public Hearing before the Planning Commission was emailed to the county’s interested parties list and mailed to property owners in the North End Subarea. 5.1.23. The Planning Commission conducted an advertised public hearing on February 25, 2020. The Planning Commission entered into the record the files on this amendment, accepted public testimony, and deliberated the merits of the proposal. 5.1.24. The planning commission remanded the proposal back to staff to provide additional flexibility in how mixed use would be addressed in the regulations. City of East Wenatchee Ordinance 2020-14 Page 5 of 7 5.1.25. The Planning Commission conducted an advertised public workshop on June 9, 2020. 5.1.26. Notice of Public Hearing before the Planning Commission was emailed to the county’s interested parties list and published on August 12, 2020. 5.1.27. The Planning Commission conducted an advertised public hearing on August 25, 2020. The Planning Commission entered into the record the files on this amendment and deliberated the merits of the proposal. 5.1.28. The Planning Commission has reviewed the entire record including the goals and policies of the comprehensive plan and public testimony as it relates to the proposed development regulations. 5.2. CONCLUSIONS 5.2.1. The procedural and substantive requirements of the State Environmental Policy Act have been complied with. 5.2.2. The procedural requirements of RCW 36.70A have been complied with. 5.2.3. The proposed amendments are consistent with and implement the North End Subarea Plan and the Greater East Wenatchee Area Comprehensive Plan. 5.2.4. The proposed amendments are consistent with the requirements of Revised Code of Washington and the Washington Administrative Code. 6. 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. 7. 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. 8. Submittal of Notice of Adoption. In accordance with RCW 36.70A.106, this Ordinance shall be transmitted by the Community Development Director to the Washington State Department of Commerce within 10 days of adoption. 9. Effective Date. This Ordinance becomes effective five days after the date its summary is published.