HomeMy WebLinkAboutOrdinances - 2021-16 - Amending Section 5 of Ordinance 2021-05, Amendment 5 in Exhibit A for revisions to Chapter 17.34 of EWMC regarding the Commercial Zoning District Land Use Matrix, Wenatchi Landing (NEWL) Overlay District, R7, R8 - 10/19/2021City of East Wenatchee Ordinance 2021-16 and Exhibit A
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City of East Wenatchee, Washington
Ordinance No. 2021-16
An Ordinance of the City of East Wenatchee amending Section 5 of
Ordinance 2021-05 relating to Amendment 5 in Exhibit A for revisions to
Chapter 17.34 of the East Wenatchee Municipal Code regarding the
Commercial Zoning District Land Use Matrix to correct a scrivener’s error
relating to residential land uses in the North End Wenatchi Landing
(NEWL) Overlay District, containing a severability clause, and establishing
an effective date.
Una Ordenanza de la Ciudad de East Wenatchee que enmienda la Sección 5
de la Ordenanza 2021-05 relacionada con la Enmienda 5 en el Anexo A para
revisiones al Capítulo 17.34 del Código Municipal de East Wenatchee con
respecto a la Matriz de Uso de Terrenos del Distrito de Zonificación
Comercial para corregir un error de escribano relacionado con residencial
usos de la tierra en el distrito de superposición de North End Wenatchi
Landing (NEWL), que contiene una cláusula de divisibilidad y establece una
fecha de vigencia.
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.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
3.Recitals.
3.1. The City of East Wenatchee (“City”) is a non-charter code city, duly incorporated
and operating under the laws of the State of Washington.
3.2. On September 15, 2020 the City Council adopted Ordinance No. 2020-13
establishing the North End Wenatchi Landing (NEWL) Overlay District as
Chapter 17.54 of the East Wenatchee Municipal Code (EWMC). Section 4 of the
ordinance amended Chapter 17.34 EWMC the Commercial Zoning District Land
Use Matrix to add a 5th column to the matrix listing the uses that would be
permitted in the NEWL Zoning District (Exhibit A to the ordinance). In the
NEWL District, the following residential amendments were included:
3.2.1. Single-family Dwelling Units were prohibited.
3.2.2. Multifamily Dwelling Units were permitted under provision P7.
3.2.3. Existing residential structures were outright permitted (P).
City of East Wenatchee Ordinance 2021-16 and Exhibit A
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Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1)
3.2.4. P7 was added in the Notes section stating: “Must be part of a mixed-use
development per 17.54.030.”
3.3. On March 16, 2021 the City Council adopted Ordinance No. 2021-05 amending
several EWMC sections as part of a project to increase residential density in the
East Wenatchee Urban Area. Section 5 of that ordinance amended Chapter 17.34
EWMC the Commercial Zoning District Land Use Matrix with regards to the
residential types of land uses allowed in Commercial Zoning Districts. The
template for the amendments was based upon the published code when the
project was initiated which was prior to codification of Ordinance 2020-13. The
NEWL Overlay Column was inadvertently left off of the table in Amendment 5 of
Exhibit A to the ordinance. This created a scrivener’s error once both ordinances
were codified.
3.3.1. The NEWL District Column did not receive the amendments that were
targeted to the mixed-use zoning districts. The NEWL District is an overlay
district applicable in the North End Waterfront Mixed-Use District.
3.3.2. P7 was added which inadvertently deleted the P7 text from Ordinance
2020-13. The new P7 note stated: Residential uses are prohibited on the
ground floor of buildings (or portions thereof) facing the street. Buildings
facing the street (or portions thereof) must reserve ground level space at
least 60-feet deep for other permitted uses. Exception: Residential lobbies may be located on the ground floor of buildings facing the street.
3.4. The proposed amendments to Chapter 17.34 EWMC preserve the purpose and
intent of the amendments enacted in Ordinance 2020-13 and Ordinance 2021-
05 relating to residential land uses in Commercial Zoning Districts.
3.5. RCW 35A.21.010 indicates that deficiencies in the form of an ordinance do not
affect the validity the ordinance. Corrections may be made to an amending
ordinance if the issue is minor in nature such as a typographical error or the
correction of a link or reference to another code section prior to codification.
Since both Ordinance 2020-13 and Ordinance 2021-05 have been codified, an
ordinance is necessary to affect the correction. Legislative action is necessary to
adopt an ordinance to correct a deficiency at an authorized public meeting.
4.Purpose. The purpose of this ordinance is to correct certain scrivener’s errors
contained in Ordinance 2021-05 to preserve the intent of Ordinance 2020-13 and
Ordinance 2021-05.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS
FOLLOWS:
5.Amendment. The City Council amends the East Wenatchee Municipal Code as set
forth in Exhibit A to this Ordinance.
6.Findings of Fact. The City Council adopts the Recitals stated above as the findings
of fact supporting the adoption of this ordinance.
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.
Exhibit A - Ordinance 2021-16
Amendments to:
Chapter 17.34 Commercial Zoning District Land Use Matrix
Code 2002 NAISCS Land Use Description EW Urban Area
72 Accommodation and Food Services G-C MU WMU CBD NEWL Overlay
Residential (Single-Family Dwelling)
Residential (Townhome) P7P8 P P P7P8 P7
Residential (Duplex)
Residential (Triplex) A A
Residential (Multifamily Dwelling) A/C P P A/C P7
Residential (Existing) P4 P P P4 P
Notes:
See specific zoning district and use chapters for dimensional standards and other design standards that may be applicable to specific districts and uses.
P – Permitted use in that district.
P1 – All storage must comply with the requirements of EWMC 17.72.150 and the gross floor area of the building cannot exceed 5,000 sq. ft. (excluding general office space).
P2 – All storage must comply with the requirements of EWMC 17.72.150.
P3 – Subject to the requirements of EWMC 17.72.180.
P4 – Existing residential structures. It is recognized that existing residential structures, legally established before the effective date of this zoning district, are permitted to continue as a place of habitation; provided, if the structure housing the residential use obtains an occupancy permit for any other use established in this section, the residential status protected under this provision is revoked.
P5 – Large satellite dish, amateur radio tower, attached wireless or broadcast and relay tower communication facility subject to the provisions of Chapter 17.70 EWMC, as the same now exists or may hereafter be amended.
P6 – Automobile, boat, recreational vehicle sales or leasing, new or used, must comply with the following requirements:
1. The business must be located on an arterial or collector;
2. Any repairing, painting or body work must be conducted inside of a building and no parts storageor inoperable vehicles may be stored outside of a building;
3. If abutting a residential zone, Type 1 landscape screening must be installed along all property linesabutting a residential zoning district in compliance with the requirements of EWMC 17.72.080(A);
4. A minimum of a 25-foot setback shall be required of any building abutting any residential zone;
5. Vehicle storage may not occupy more than 60 percent of the site that is not covered by structures,landscaping, required customer and staff parking, and unimproved portions of the property;
6. The applicant must submit a parking plan showing the arrangement of motor vehicles within theproposed motor vehicle outdoor display and storage areas. The plan must delineate parking spacesfor customers and employees. All outdoor vehicle display areas must be paved and striped accordingto the parking plan.
P7 Must be part of a mixed-use development per EWMC 17.54.030.
P7 P8 - Residential uses are prohibited on the ground floor of buildings (or portions thereof) facing the street. Buildings facing the street (or portions thereof) must reserve ground level space at least 60-feet
deep for other permitted uses. Exception: Residential lobbies may be located on the ground floor of buildings facing the street
A – Accessory use. Must have a principal use established on the property.
A1 – Must be directly associated with the principal use of the property and shall comply with RCW
70.105.210 and WAC 173-303-282.
A2 – Large satellite dish, amateur radio tower, attached wireless or broadcast and relay tower
communication facility subject to the provisions of Chapter 17.70 EWMC, as the same now exists or may hereafter be amended. Requirements for R-H district applicable to the mixed use districts.
C – Conditional use permit required.