HomeMy WebLinkAboutResolutions - 2021-35 - Adopting proposed zoning regulations and maps for potential annexation areas within the boundaries of the City’s urban growth area, repealing Resolution No 01-09, GMA, GEWA Plan, - 12/7/2021Resolution No. 2021-35 with Exhibit A and B Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 1 of 4
City of East Wenatchee, Washington
Resolution No. 2021-35
A Resolution of the City of East Wenatchee, Washington, adopting proposed zoning regulations and maps for potential annexation areas within the boundaries of the City’s urban growth area, repealing Resolution No 01-09, containing a severability clause, and establishing an effective date.
1. Alternate format.
1.1. Para leer este documento en un formato alternativo (español, Braille, leer en voz alta, etc.), comuníquese con la secretaria de la Ciudad en alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), contact the City Clerk at alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711 (TTY)
2. Authority
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. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council of East Wenatchee (“City Council”) to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees.
2.3. RCW 35A.14.330 and RCW 35A.14.340 provides a process for code cities to prepare and adopt proposed zoning regulations to become effective upon annexation of an area which might reasonably be expected to be annexed by the code city at any future time.
3. Recitals
3.1. The City of East Wenatchee (“City”) currently has in effect Proposed Zoning Regulations for annexation areas in accordance with City Resolution No. 01-09 adopted on October 22, 2001.
3.2. The Washington State Growth Management Act ("the GMA"), codified as RCW 36.70A, requires counties planning under the Act to designate urban growth areas "within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban in nature.”
3.3. The GMA at RCW 36.70A.110(4) states that within such urban growth areas, "In general, cities are the units of local government most appropriate to provide urban governmental services".
3.4. The GMA at RCW 36.70A.110(7) states, "An urban growth area designated in accordance with this section may include within its boundaries urban
Resolution No. 2021-35 with Exhibit A and B Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 2 of 4
service areas or potential annexation areas designated for specific cities or towns within the county".
3.5. The GMA requires comprehensive plans and development regulations to be consistent.
3.6. The City and Douglas County adopted the Greater East Wenatchee Area Comprehensive Plan (“GEWA Plan”) in accordance with the provisions of the Chapter 36.70A RCW establishing the urban growth area boundary surrounding the City. The GEWA Plan covers the City and Douglas County unincorporated areas within the East Wenatchee Urban Growth Area Boundary.
3.7. The Proposed Zoning Designations are consistent with the land use designations in the GEWA Plan.
3.8. Notice of the Planning Commission public hearing on October 26, 2021 was published in The Wenatchee World, a newspaper of general circulation in the City and within the potential annexation areas, on October 14, 2021.
3.9. On October 26, 2021, the City Planning Commission considered the Proposed Zoning Regulations at a public hearing and recommended approval with a vote of 6-0.
3.10. Notice of the City Council public hearings for October 19, 2021 and December 7, 2021 was published in The Wenatchee World, a newspaper of general circulation in the City and within the potential annexation areas, on October 7, 2021.
3.11. In accordance with RCW 35A.14.330 and RCW 35A.14.340, the City Council held public hearings to consider the adoption of Proposed Zoning Regulations for areas outside the City Limits on October 19, 2021 and on December 7, 2021.
3.12. The City Council finds that it is in the best interests of the City and its citizens to adopt Proposed Zoning for the areas outside the East Wenatchee City Limits and within the urban growth area
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS:
4. Adoption 1 - Proposed Zoning for Annexation Areas. The maps designated Proposed Zoning for Annexation Areas (RCW 35A.14.330) and bearing the date of September 14, 2021 (hereinafter "Maps") as set forth in Exhibit A, are hereby adopted as the Official Proposed- Zoning Maps for Annexation Areas.
5. Adoption 2. Proposed Zoning Regulations. All references on the Maps to zoning districts are to the zoning districts set forth in Title 17 of the East Wenatchee Municipal Code as the same exists now or may be hereafter amended; provided that, the Recreation Overlay (R-O) District as depicted on the Maps shall be
Resolution No. 2021-35 with Exhibit A and B Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 3 of 4
regulated as set forth in Chapter 18.46 Douglas County Code (DCC) as the same exists now or may be hereafter amended and the General Industrial (I-G) District as depicted on the Maps shall be regulated as set forth in Chapter 18.60 Douglas County Code (DCC) as the same exists now or may be hereafter amended. A current copy of both chapters has been included as Exhibit B to this Resolution.
6. Effective Time Period. In accordance with RCW 35A.14.330 (4), the time interval following an annexation during which the Proposed Zoning Regulations must remain in effect before it may be amended, is 5 years.
7. Findings of Fact. The City Council adopts the Recitals above as findings of fact and hereby finds that the Proposed Zoning Regulations are designed to:
7.1. encourage the most appropriate use of land throughout the areas that may be annexed;
7.2. lessen traffic congestion and accidents;
7.3. secure safety from fire;
7.4. provide adequate light and air;
7.5. prevent overcrowding of land;
7.6. avoid undue concentration of population;
7.7. promote a coordinated development of the unbuilt areas;
7.8. encourage the formation of neighborhood or community units;
7.9. secure an appropriate allotment of land area in new developments for all the requirements of community life;
7.10. conserve and restore natural beauty and other natural resources; and
7.11. facilitate the adequate provision of transportation, water, sewerage and other public uses and requirements.
8. Repeal. City of East Wenatchee Resolution No. 01-09 is hereby repealed.
9. Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution.
10. Recording. The City Clerk shall certify a copy of this Resolution and the Proposed Zoning for Annexation Areas Maps and the same shall be filed with the Douglas County Auditor.
11. Effective date. This resolution becomes effective on the date that it is passed by the City Council.
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City of East Wenatchee
This map is intended for general purposes only. The City of East Wenatchee makes no representation as to the accuracy or current condition of the data shown on this map.9/14/2021
Proposed Zoning for Annexation Areas Map Index
Legend
Parcel Boundaries
City Limits
Urban Growth BoundaryEW UGA ZoningEast Wenatchee UGB Zoning
Light Commercial (C-L) - East Wenatchee
Neighborhood Commercial (C-N)
General Industrial (I-G)
General Commercial (G-C)
Mixed Use (MU)
Office High Residential (R-H)
Low Residential (R-L)
Medium Residential (R-M)
Waterfront Mixed Use (WMU)
Recreation Overlay (R-O)
Map #1
Map #2
Map #3
Map #4
Exhibit A
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City of East Wenatchee
This map is intended for general purposes only. The City of East Wenatchee makes no representation as to the accuracy or current condition of the data shown on this map.9/14/2021
Proposed Zoning for Annexation Areas Map #1
Legend
Parcel Boundaries
City Limits
Urban Growth BoundaryEW UGA ZoningEast Wenatchee UGB Zoning
Light Commercial (C-L) - East Wenatchee
Neighborhood Commercial (C-N)
General Industrial (I-G)
General Commercial (G-C)
Mixed Use (MU)
Office High Residential (R-H)
Low Residential (R-L)
Medium Residential (R-M)
Waterfront Mixed Use (WMU)
Recreation Overlay (R-O)
Exhibit A
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City of East Wenatchee
This map is intended for general purposes only. The City of East Wenatchee makes no representation as to the accuracy or current condition of the data shown on this map.9/14/2021
Proposed Zoning for Annexation Areas Map #2
Legend
Parcel Boundaries
City Limits
Urban Growth BoundaryEW UGA ZoningEast Wenatchee UGB Zoning
Light Commercial (C-L) - East Wenatchee
Neighborhood Commercial (C-N)
General Industrial (I-G)
General Commercial (G-C)
Mixed Use (MU)
Office High Residential (R-H)
Low Residential (R-L)
Medium Residential (R-M)
Waterfront Mixed Use (WMU)
Recreation Overlay (R-O)
Exhibit A
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City of East Wenatchee
This map is intended for general purposes only. The City of East Wenatchee makes no representation as to the accuracy or current condition of the data shown on this map.9/14/2021
Proposed Zoning for Annexation Areas Map #3
Legend
Parcel Boundaries
City Limits
Urban Growth BoundaryEW UGA ZoningEast Wenatchee UGB Zoning
Light Commercial (C-L) - East Wenatchee
Neighborhood Commercial (C-N)
General Industrial (I-G)
General Commercial (G-C)
Mixed Use (MU)
Office High Residential (R-H)
Low Residential (R-L)
Medium Residential (R-M)
Waterfront Mixed Use (WMU)
Recreation Overlay (R-O)
Exhibit A
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City of East Wenatchee
This map is intended for general purposes only. The City of East Wenatchee makes no representation as to the accuracy or current condition of the data shown on this map.9/14/2021
Proposed Zoning for Annexation Areas Map #4
Legend
Parcel Boundaries
City Limits
Urban Growth BoundaryEW UGA ZoningEast Wenatchee UGB Zoning
Light Commercial (C-L) - East Wenatchee
Neighborhood Commercial (C-N)
General Industrial (I-G)
General Commercial (G-C)
Mixed Use (MU)
Office High Residential (R-H)
Low Residential (R-L)
Medium Residential (R-M)
Waterfront Mixed Use (WMU)
Recreation Overlay (R-O)
Exhibit A
Exhibit B
Douglas County Code Chapter 18.46 R-O RECREATIONAL OVERLAY DISTRICT Page 1/11
Chapter 18.46 R-O RECREATIONAL OVERLAY DISTRICT Sections: 18.46.010 Purpose and intent. 18.46.020 Where permitted. 18.46.030 Public review and application procedures. 18.46.040 Permitted uses. 18.46.050 Yard and height regulations. 18.46.060 Area requirements. 18.46.070 Development standards. 18.46.080 Performance standards.
18.46.010 Purpose and intent. The purpose of the R-O recreational overlay district is to provide for the continuance of public and private parks and other outdoor recreational facilities in order to encourage the development of additional active recreational facilities in Douglas County, and to maintain adequate buffers between recreational developments and surrounding land uses. (Ord. TLS 08-11-47D Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))
18.46.020 Where permitted. The R-O district is permitted where approved prior to October 28, 2008. All new proposals and proposals to amend previously approved R-O districts shall be processed in accordance with DCC Chapter 18.80, Conditional Uses. (Ord. TLS 08-11-47D Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))
18.46.030 Public review and application procedures. The request for authorization and development of an R-O district shall be processed in the following manner:
A. Applications for the establishment, expansion or amendment of an R-O district shall be processed in accordance with the provisions for quasi-judicial review in DCC Section 14.10.040. Approval of an application shall be based on a specific site design authorizing only the specific development proposed, unless amended.
B. Subsequent project phases, development actions and/or permits, such as divisions of land, building permits, or shoreline substantial development permits, shall be processed in accordance to the application classification of DCC Chapter 14.10, the approved R-O district and applicable development regulations of the DCC existing at the time of application. (Ord. TLS 08-11-47D Exh. B (part): Ord. TLS 01-01-04B Exh. B (part); Ord. TLS 97-10-71B Exh. F (part))
18.46.040 Permitted uses. Uses permitted in the R-O district are public and private outdoor recreational land uses, such as:
A. Water-dependent facilities, including but not limited to boat launches, fishing access points, marinas, public docks and parks;
B. Public and private parks outside of an urban growth area;
C. Golf courses;
D. Ball fields and courts;
E. Shooting ranges;
F. Recreational vehicle parks and campgrounds, subject to the criteria enumerated in DCC Section 18.80.230;
G. Outdoor commercial facilities and activities charging an admission fee for participants or spectators, such as motorized vehicle race tracks or horse racing;
H. Outdoor music festivals;
I. Outdoor events or festivals for group camps, sports rallies, and club organizations;
J. Recreational trail systems; and
Exhibit B
Douglas County Code Chapter 18.46 R-O RECREATIONAL OVERLAY DISTRICT Page 2/11
K. Other similar uses. (Ord. TLS 08-11-47D Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))
18.46.050 Yard and height regulations. Yard, setback and height regulations in the R-O district are the same as those in the underlying zoning designation; except that any buffering required through the site approval process may exceed the fence height restrictions enumerated in DCC Chapter 18.16. (Ord. TLS 08-11-47D Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))
18.46.060 Area requirements. The minimum size for the establishment of an R-O district is five acres or more. All proposed recreational development shall comply with the provisions of this chapter and the DCC. (Ord. TLS 08-11-47D Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))
18.46.070 Development standards. The review of an application shall be based on the potential impacts of a proposed development on surrounding properties, the environment, resource lands, critical areas and the orderly development of the county. The following standards shall be applied at an appropriate level in order to protect public health, safety and welfare:
A. Buffering shall be required in a form adequate to provide site screening, noise attenuation, safety separation and reduction of light and glare. Acceptable methods of buffering include undulated berms, planting, sight-obscuring fencing, security fencing or any combination thereof. At least two buffering methods shall be used to off-set impacts to surrounding properties for high intensity uses. Buffer and landscaping shall meet the minimum provisions as set forth in DCC Chapter 20.40.
B. Any outdoor lighting shall be directed towards the site and/or shielded in accordance with DCC Chapter 18.16.
C. Adequate off-street parking shall be provided for the expected average use and off-street accommodations shall be made for expected peak use. The number of parking spaces required shall be based on the level of public demand and the number of public seating areas proposed. Parking and loading standards shall be in compliance with the minimum standards set forth in DCC Chapter 20.42.
D. Access to the site shall be provided from a state highway or an arterial road. Any access drives shall be constructed in a manner to safely carry the expected traffic flow. Provisions shall be made to limit access to the site to a maximum of two points, unless additional access points are deemed necessary in order to protect the public health, safety and welfare. Specific design requirements for width and type of surface shall be determined by the review authority pursuant to DCC Chapter 18.16 and the DCC.
E. Provisions shall be made for refuse disposal by a licensed commercial hauler approved by the Douglas County department of solid waste. All outdoor trash, garbage and refuse storage areas shall be screened from all sides from public view and be designed of such materials which are compatible with the overall architectural theme of the associated structure or use.
F. All signs used in conjunction with the proposed use shall meet the minimum provisions of DCC Chapter 20.44.
G. Provisions shall be made for fire safety. All development activity shall meet the minimum provisions for fire suppression pursuant to DCC Title 15 and as approved by the fire marshal. No permit shall be issued until the applicant has shown that the fire chief of the fire protection district or as contracted with the nearest fire district in which the use is to be located has approved fire protection devices and equipment to be available during the use.
H. An analysis shall be conducted by the applicant for emergency assistance which may include fire, law enforcement, and medical services. The analysis shall include conformation that the minimum local and state codes and regulations have been met including Chapter 248-73 WAC when applicable. Any additional costs of providing such services shall be the applicant’s expense.
I. Adequate provisions shall be made for sanitary sewer, domestic water for public use, irrigation water for landscape maintenance, and/or other health and safety related concerns as deemed necessary.
J. No sound-amplifying device or speaker emitting loud and raucous noise shall be operated closer than two thousand five hundred feet from any school, church or residence, unless the governing body
Exhibit B
Douglas County Code Chapter 18.46 R-O RECREATIONAL OVERLAY DISTRICT Page 3/11
and/or owner of each such use has agreed in writing to waive this prohibition. (Ord. TLS 08-11-47D Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))
18.46.080 Performance standards. A. General Character. Development within the R-O district shall be designed with an interior road network, perimeter landscaping or buffering mechanisms.
B. Buffering. When a use, lot, or parcel is situated within the R-O district and adjoins an agricultural district, all uses, including the storage of materials, shall be set back a minimum of one hundred feet from the property line. Buildings, structures and/or uses may be set back a minimum of sixty feet from the property line, provided the applicant submits an enhanced alternative buffering method for approval by the review authority.
C. Resource/Critical Areas. It shall be the responsibility of the operator and/or proprietor of any permitted use to provide, analyze and make adequate provisions for the protection of groundwater, wetlands, sensitive wildlife species, resource lands, and other critical areas in accordance with DCC Title 19. Development located within the above areas shall be evaluated for impacts and may be limited in intensity, location and/or prohibited if found to measurably degrade the integrity of the resource or critical areas.
D. Development within the R-O district shall not disseminate dust, smoke, fumes, or obnoxious odors nor degrade air quality.
E. No use in this district shall exceed the maximum environmental noise level established by DCC Chapter 8.04 or Chapter 173-60 WAC.
F. The review authority may require a bond, cash deposit or other form of financial assurance pursuant to DCC Chapter 14.90. Financial assurance may be required for the duration of the activity on an annual basis prior to the scheduled use. Financial surety shall be provided:
1. As an indemnity to protect and repair roads, pavements, bridges, road signs, and other public property from any and all damage that may be caused by vehicles, employees or participants in the uses proposed;
2. To restore the ground where the use is held on county land or other properties;
3. To pay the cost of employment of such county personnel as may be made necessary by the failure to preclude acts which violate this chapter or any county or state law;
4. Other purposes as determined by the review authority.
G. The review authority may require that the applicant(s) have personal injury liability insurance in a form and an amount acceptable to the prosecuting attorney. (Ord. TLS 08-11-47D Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))
Exhibit B
Douglas County Code Chapter 18.60 I-G GENERAL INDUSTRIAL DISTRICT Page 4/11
Chapter 18.60 I-G GENERAL INDUSTRIAL DISTRICT Sections: 18.60.010 Purpose. 18.60.020 Permitted uses. 18.60.030 Accessory uses. 18.60.040 Conditional uses. 18.60.050 Prohibited uses. 18.60.060 Development standards. 18.60.070 Performance standards.
18.60.010 Purpose. The purpose of the I-G general industrial district is to promote a broad range of industrial activities, and subordinate commercial uses of a light intensity. The I-G district shall be located and implemented consistent with the goals, policies, and criteria of the comprehensive plan. Development and performance standards are intended to provide compatibility with and protection to surrounding properties; and more specifically airport-related activities, residential and agricultural uses by minimizing traffic congestion, noise, glare, vibration, odors, airborne particulates, and toxic substances. The district shall be located near major transportation corridors and be served by an interior road corridor to minimize traffic impacts, impacts to adjacent land uses, and to provide safe and convenient access. The interior road corridor shall be served by a limited number of major intersections from highways and arterial roads. The interior road corridor shall provide unlimited access to all activities or users located within a designated industrial classification.
The district provides for uses that present a positive development image to business travelers and shall be characterized by attractive buildings and an aesthetically pleasing working environment. General characteristics of these areas include roads capable of supporting heavy traffic loads year-round, stormwater retention, domestic water, fire protection, landscaped features, and public transit accessibility.
Further, it is the intent of this district to encourage the planning of the entire industrial site, ensuring compatibility between industrial operations, the environment, and transportation systems, as well as the existing and future character of adjacent areas. (Ord. TLS 21-06-19B Exh. B; Ord. TLS 12-04-06B Exh. B (part): Ord. TLS 07-01-01G Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))
18.60.020 Permitted uses. The following uses are permitted in the I-G district:
A. Aviation and airport/heliport-related or support facilities;
B. Professional private or public office buildings;
C. Light manufacturing including: production, assembly, processing, and treatment or fabrication of building materials, building mechanical systems, glass, and metal (including ornamental and architectural), food, furniture and fixtures (including woodworking and cabinetry), computers, scientific materials, clothing, textile goods, arts, crafts, jewelry, products, and machinery, or similar type uses, together with retail sales expressly limited to only products actually manufactured, produced, assembled, processed or treated on-site;
D. Sales, rental, repair, maintenance, and paint/body work of vehicles, tractors, boats, manufactured homes and implements, or similar type uses;
E. Printing and publishing newspapers, periodicals and books, or similar type uses;
F. Processing, packaging and preservation of food, non-alcoholic beverages, drugs, pharmaceuticals, perfumes and cosmetics, or similar type uses;
G. Gas stations, truck and freight terminals, warehousing and storage, parcel delivery service, packaging and crating, or similar type uses;
H. Communications facilities, including telephone exchanges and radio and television broadcasting stations, data processing facilities, high tech industries, or similar type uses;
Exhibit B
Douglas County Code Chapter 18.60 I-G GENERAL INDUSTRIAL DISTRICT Page 5/11
I. Construction contractors’ offices and yards;
J. Wholesale trade or storage of durable and nondurable goods including automobile parts and supplies, tires and tubes; furniture and home furnishing; lumber, manufactured homes, recreational vehicles, boats and campers, and construction materials;
K. Public/private facilities such as law enforcement and fire stations, public animal control facilities, and other similar uses;
L. Scientific and agricultural research, testing and experimental development laboratories;
M. Agriculturally related industry; feed stores; nursery/greenhouses, or other similar uses;
N. Recycling centers for the collection and temporary storage of materials;
O. Limited retail commercial uses which are of a convenience nature to businesses, employees, and customers within the I-G district such as convenience stores, personal and business services, recreation/exercise facilities, restaurants and/or cafes;
P. Co-location on premises such as, food and beverage service, concessions, cafes and/or restaurants, and food trucks with on-site seating when located on the premises of, and serving customers and employees of, wholesale and/or retail operations located in the I-G district;
Q. Short-term holding areas for the keeping of livestock and poultry for shipping or transfer, not to exceed sixty days or as required by United States Department of Agriculture quarantine;
R. Utilities, communication and transmission facilities in accordance with DCC Section 18.16.320;
S. Mini-storage facilities;
T. Kennels commercial;
U. Marijuana production and processing facilities subject to the standards of DCC Chapter 18.86.
V. Wholesale and retail building materials supply and home improvement uses to include outdoor storage, buildings and structures;
W. Wholesale and retail nurseries and garden centers to include outdoor storage and accessory buildings and structures;
X. Pangborn Industrial Service Boundary-Influence area, south of Grant Road: (i)eating and drinking establishments, conference facilities and meeting rooms, hotel/motel or other aviation and airport/heliport related support uses; and (ii) manufacturing, production, brewing, distilling, and packaging of wine, beer or spirits (such uses may include on site sales and tasting rooms of products actually produced on-site). (Ord. TLS 21-06-19B Exh. B; Ord. TLS 19-12-31C Exh. B (part): Ord. TLS 16-05-34C § 1 Exh. A (part); Ord. TLS 12-13-38B Exh. B (part); Ord. TLS 12-04-06B Exh. B (part): Ord. TLS 07-01-01G Exh. B (part): Ord. TLS 05-02-34B Att. B (part): Ord. TLS 97-10-71B Exh. F (part))
18.60.030 Accessory uses. The following are considered accessory uses to the permitted uses:
A. Employee recreation facilities and day care centers and preschool, pursuant to the requirements of DCC Section 18.80.310;
B. Temporary construction buildings, not to exceed the duration of such construction;
C. Limited repair of merchandise manufactured, assembled, or stored on the site, or of equipment and vehicles associated with the permitted business(on site repairs);
D. Other accessory uses and buildings, such as cafe or cafeteria, security and caretaker residences customarily appurtenant to and necessary or convenience for a principally permitted use;
E. Site preparation including grading, excavation, filling and mineral extraction; provided, it is of a temporary nature and conducted solely for the purpose of preparing and leveling the site in conjunction with permitted and accessory uses listed in DCC Section 18.60.020, and this section as approved through
Exhibit B
Douglas County Code Chapter 18.60 I-G GENERAL INDUSTRIAL DISTRICT Page 6/11
a full administrative review process for the site; and also for conditional uses where the development standards of DCC Section 18.60.060(J) have been reviewed concurrently with a conditional use permit application approved by the Douglas County hearing examiner.
F. Veterinarian clinic accessory to short-term holding facilities for livestock and poultry. (Ord. TLS 21-06-19B Exh. B; Ord. TLS 12-04-06B Exh. B (part): Ord. TLS 08-03-05 Exh. B (part): Ord. TLS 07-01-01G Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))
18.60.040 Conditional uses. Those uses designated in DCC Section 18.80.320, and as listed below approved pursuant to DCC Chapter 18.80; provided, that the development standards of this chapter are met:
A. Asphalt/concrete batch plants;
B. Fertilizer and chemical distribution facilities;
C. Bulk fuel storage and sales;
D. Bulk mineral/gravel sales;
E. Energy generation facilities;
F. Pumping/treatment facilities and reservoirs;
G. Solid waste transfer stations;
H. On-site hazardous waste treatment and storage facilities;
I. Above-ground or below-ground tank storage of critical material; provided, the storage of such material is in accordance with this chapter and the standards of DCC Title 15;
J. Production of bio-fuels including ethanol and bio-diesel;
K. Inert waste disposal sites in the East Wenatchee urban growth area;
L. Short term mineral extraction located north of Grant Road, not to exceed a period of six years for the purpose of industrial site preparation. The application shall be reviewed for conformance with the standards of DCC Section 18.80.180(C) through (O), Mineral extraction. (Ord. TLS 21-06-19B Exh. B; Ord. TLS 12-04-06B Exh. B (part): Ord. TLS 10-06-30B Exh. B (part); Ord. TLS 08-03-05 Exh. B (part): Ord. TLS 07-01-01G Exh. B (part))
18.60.050 Prohibited uses. Uses other than those identified or described in this chapter are prohibited including but not limited to:
A. General commercial use, except as specifically permitted in this chapter;
B. Advertising displays or structures for off-premises businesses or activities;
C. General residential uses, except as specifically permitted in DCC Section 18.60.030(D);
D. Mineral extraction except as specifically permitted in DCC Sections 18.60.030(E) and 18.60.040(L);
E. Primary metal industries including blast furnaces and steel works; mills for primary smelting, secondary smelting, refining, reducing, finishing, rolling, drawing, extruding, and casting of ferrous and nonferrous metals;
F. Animal rendering facilities;
G. Recreational overlay designation;
H. Chemical production facilities;
I. Marijuana cooperatives as defined and described in RCW 69.51A.250 as it now exists or may hereafter be amended;
J. The use of cargo containers, railroad cars, semi-truck trailers and other similar storage containers for data processing. (Ord. TLS 21-06-19B Exh. B; Ord. TLS 19-12-31C Exh. B (part): Ord. TLS-17-01-02B
Exhibit B
Douglas County Code Chapter 18.60 I-G GENERAL INDUSTRIAL DISTRICT Page 7/11
Exh. A (part); Ord. TLS 12-04-06B Exh. B (part): Ord. TLS 08-03-05 Exh. B (part): Ord. TLS 07-01-01G Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))
18.60.060 Development standards. Prior to the issuance of a building permit, the applicant shall meet the provisions and requirements of this title and the following:
A. Area Requirements.
1. Minimum lot size: The minimum lot size in the I-G district shall be of sufficient size to accommodate the use(s), in accordance with applicable provisions of the DCC.
2. Minimum lot width: The minimum lot width in the I-G district shall comply with DCC Section 18.16.040.
3. Maximum building coverage: The maximum building coverage is determined by compliance with all applicable provisions of county code, including without limitation landscaping, parking, stormwater, setbacks, and building/fire and life safety requirements.
4. Maximum building height: The maximum building height shall not exceed forty feet, except that an additional one foot increase in height is allowed for each one foot increase in the required front yard setback area up to eighty feet high. Additional building height restrictions may apply if within an airport overlay zone.
B. Minimum Yard and Setbacks. The minimum yards and setbacks for permitted, accessory and conditional uses in the I-G district shall be:
1. Front yard: No buildings or structures other than fences shall be erected closer than fifty-five feet from the centerline of a public right-of-way designated as an arterial or twenty-five feet from the front lot line, whichever is greater. The front yard setback on any other right-of-way shall be fifty feet from the monumented centerline or twenty feet from the front lot line, whichever is greater.
2. Side and rear yard: No building or structure shall be erected closer than ten feet from any side or rear lot line, except when property abuts a residential district then the setback shall be increased to thirty feet.
3. Flanking private driveway yard: A minimum ten-foot setback shall be maintained from the edge of any private driveway or access easement for all buildings, structures, parking, or storage areas.
4. Setback from state highway: No building or structure, except fences, shall be erected closer than one hundred feet from the centerline of a state highway right-of-way.
5. Due to the unique nature of airport facilities and related ancillary uses, setback standards within the airport properties shall not be subject to subsections (B)(2) through (4) of this section.
C. Limited retail commercial uses permitted in DCC Sections 18.60.020(O) and (P) shall meet the following provisions:
1. The maximum building size shall not exceed four thousand square feet in gross floor area or twenty-five percent of the gross floor area if incorporated within a primary building, whichever is less.
D. Development Standards. Landscaping, off-street parking and loading, and stormwater drainage shall be provided in accordance with DCC Title 20. Signs shall be in conformance with DCC Chapter 20.44.
E. Storage Standards. All storage shall be within a site-obscuring fence and/or a combination of fencing and landscaping or an enclosed building to screen the items from the street.
F. Refuse Storage. Refuse storage shall be in accordance with DCC Section 18.16.120(C).
G. Pedestrian and/or Bicycle Trail Access. Development shall be designed to ensure that provisions are made for a safe and convenient pedestrian circulation system in accordance with DCC Section 18.16.150.
Exhibit B
Douglas County Code Chapter 18.60 I-G GENERAL INDUSTRIAL DISTRICT Page 8/11
H. Display/Exhibits. The display of products or outdoor exhibits for public view or show may be permitted; provided, that products for sale or rent may be stored or displayed outdoors and that such products are not located within any pedestrian walkway, parking areas, or rights-of-way. All displays/exhibits are restricted to business hours only. Tractors, cars, boats, trailers, or other similar type uses are exempt from this provision; provided, they are located within an approved display area.
I. Fences. Fences located within the I-G district shall not exceed a height of eight feet, and may be located in a required front yard; provided, they are set back a minimum of ten feet and meet DCC Section 12.28.040, Clear view triangle. Fences on properties located in the Baker Flats industrial area shall be located no closer than twenty-five feet from the front lot line adjacent to SR 2/97 Highway.
J. Site preparation, grading, excavation, filling, and mineral extraction associated with building site preparation shall comply with the following:
1. The project site shall have received binding site plan approval, conditional use permit approval, building permit approval or site preparation under subsection (J)(4)(c) of this section for uses permitted within the I-G district.
2. Site grading and all associated activities may be conducted in phases; provided, each phase is a phase of the approved binding site plan or associated with an approved building permit.
3. A phasing schedule shall be submitted with the binding site plan or building permit application for the site grading and associated activities, including the removal of equipment, stockpiles, and restoration of the site. The phasing schedule shall be approved by the review authority.
4. Duration of Site Preparation.
a. For commercial building permits, site grading and all associated activities shall be completed within one year after authorization to start by the director. All equipment, stockpiles, and materials shall be removed from the site prior to the final inspection and issuance of final occupancy.
b. For binding site plans or conditional use permits, site grading and all associated activities shall be completed and all equipment, stockpiles, and materials removed from the site within two years after authorization to start by the director. The director may authorize an extension of time up to a maximum of one additional year following a fourteen-day notice to surrounding property owners and agencies with jurisdiction and demonstration by the applicant that the project is in compliance with all conditions of approval.
c. For site grading associated with the marketing/facilitation of development for an industrial site, an application must be submitted for full administrative review of applications, DCC Section 14.10.030, to determine conformance with the provisions of this chapter and Douglas County Code prior to site operations commencing. The application must demonstrate that the purpose of the site work is to prepare a site for industrial uses permitted by this chapter. Site grading and all associated activities shall be completed and all equipment, stockpiles, and materials removed from the site within two years after authorization to start by the director. The director may authorize an extension of time up to a maximum of one additional year following a fourteen-day notice to surrounding property owners and agencies with jurisdiction and demonstration by the applicant that the project is in compliance with all conditions of approval.
5. Prior to the commencement of site preparation, an approved Washington State Department of Ecology air quality permit may be required and shall be submitted to the county.
6. The applicant shall submit with the binding site plan, conditional use permit application, building permit application or site preparation under subsection (J)(4)(c) of this section documentation that the operation(s) will not create hazardous conditions; adversely impact lands in the vicinity and access to those lands; impair the stability of the site; or cause lateral movements such as slump, creep, landslide, erosion or sedimentation.
7. A water supply management plan that discloses the source and volume of water necessary and available for dust control and associated site preparation shall be submitted with the binding site
Exhibit B
Douglas County Code Chapter 18.60 I-G GENERAL INDUSTRIAL DISTRICT Page 9/11
plan, conditional use permit application, building permit application, or site preparation under subsection (J)(4)(c) of this section. The water supply management plan shall detail how wastewater from operations and temporary stormwater retention will be managed.
8. A haul route agreement may be required by the county engineer.
9. A reclamation plan that discloses final proposed topography, measures to retain slopes as appropriate, methods for reserving topsoil for final grading, revegetation of the site, and phases of reclamation shall be submitted for approval by the review authority. Final topography of the site shall be consistent with the surrounding area.
10. Appropriate buffering measures such as landscaping, use of topographic features, etc., may be required as deemed necessary by the review authority to visually screen the project site.
11. Authorized hours of equipment operation during the site preparation may be established by the review authority, but in no case shall operations occur beyond the hours of six a.m. to nine p.m., Monday through Saturday.
12. Temporary site illumination shall be designed and located so that lighting sources are not directly visible from residential uses or public roads with a classification of, or greater than, an arterial. Lighting shall not create glare on off-site properties.
13. The review authority may require financial assurance in accordance with DCC Chapter 14.90 to guarantee/warranty compliance with permit conditions, completion of the reclamation, protection of public facilities, and conformance with other applicable requirements of the DCC.
14. Site grading associated with subsections (J)(4)(b) and (c) of this section shall submit a site maintenance plan which identifies measures to address weed and litter control during the period of site preparation and prior to industrial use of the site.
K. Inert Debris Disposal Sites in the East Wenatchee Urban Growth Area. Inert debris disposal sites may be permitted within the I-G district in the East Wenatchee urban growth area where it can be demonstrated that the site contains unique topographic constraints which could be minimized by the placement of inert waste to prepare a site suitable for industrial development. The following applies:
1. Application materials shall be prepared by a licensed professional engineer and shall include plans, specifications, operating procedures, and verification measures to ensure that upon site closure the site shall be suitable for the placement of industrial buildings and structures consistent with the requirements of the International Building Code. Alternatively, the applicant may propose recording of a notice to title disclosing that:
Non-structural fill has been placed that may not be suitable for use for bearing construction, vehicular access, parking or storage. A determination on the feasibility of industrial use of the site must be evaluated by a qualified engineer in conformance with all applicable codes and standards in place at that time.
The notice to title shall include a map and legal descriptions, both prepared by a licensed surveyor.
2. Substantive and visual impacts to surrounding uses must be addressed in the plans and throughout operational phases.
3. Site development shall meet the minimum standards of the Douglas County Code (DCC).
4. Verification of permit approval from the Chelan-Douglas Health District shall be required prior to site operations commencing.
5. Compliance shall be maintained with other applicable laws and rules administered by other agencies for project elements such as, without limitation, noise, air quality, transportation, etc. (Ord. TLS 21-06-19B Exh. B; Ord. TLS 20-01-10B Exh. C (part); Ord. TLS 12-04-06B Exh. B (part): Ord. TLS 11-06-33B Exh. B (part); Ord. TLS 10-06-30B Exh. B (part); Ord. TLS 07-01-01G Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))
Exhibit B
Douglas County Code Chapter 18.60 I-G GENERAL INDUSTRIAL DISTRICT Page 10/11
18.60.070 Performance standards. A. General Character. Development in this district shall be designed as an integrated center of intense use which is served by an interior road network. When located along a highway or arterial road, the site shall be improved with a berm as set forth in subsection B of this section.
B. Landscape Berm/Buffering. When a use, lot, or parcel within an I-G district is located adjacent to a state highway or arterial, a landscaping berm shall be constructed parallel to the right-of-way.
1. Baker Flat Areas. The landscape berm shall have a minimum width of thirty feet and a height of eight feet as measured above the grade of, and along, the centerline of SR 2/97. The berm shall be landscaped with a combination of trees, shrubs, and groundcover meeting or exceeding the requirements for Type III landscaping pursuant to DCC Chapter 20.40.
2. Pangborn Industrial Area. The landscape area shall have a minimum width of twenty-five feet. The landscape area shall be constructed as a raised landscape bed with a height of three feet as measured from the average finished grade of the property along Grant Road and Grant Road extended. The berm shall be landscaped with a combination of trees, shrubs, and groundcover. Landscaping shall be a Type II landscaping pursuant to DCC Chapter 20.40. All trees within the airport clear zone or impact areas shall be of a type and species which do not exceed a height of fifteen feet at maturity, unless otherwise restricted by local, state, and federal agencies.
3. Other I-G Districts. Landscape berms required by this section shall be designed and constructed in a manner similar to subsections (B)(1) and (2) of this section, modified as necessary to conform with the circumstances of the site(s) involved, to achieve similar purposes as determined by the review authority.
C. Environmental. There shall be no off-site release of waterborne or liquid pollutants to soil or surface drainage ways. It shall be the responsibility of the operator and/or the proprietor of any permitted use to make adequate provision for the transportation, use, storage, containment, and disposal of all chemicals and materials used on the site. A complete list of all chemicals to be used or stored on the property shall be provided at the time of application. All storage handling methods shall conform to the hazardous material laws administered by Douglas County and the Washington Department of Ecology.
D. Groundwater. Development located within an aquifer recharge area shall be evaluated for potential impact on groundwater quality and may be limited in intensity or location, or prohibited if found to measurably degrade groundwater quality.
E. Odor, Dust and Smoke. Development within an I-G district shall meet the air quality standards of the Washington State Department of Ecology.
F. Glare, Heat, and Vibration. There shall be no production of heat, glare, or vibration from any property line of the premises upon which such heat, glare, or vibration is being generated.
G. Noise. No use in this district shall exceed the maximum environmental noise level established by DCC Chapter 8.04 or Chapter 173-60 WAC.
H. Pedestrian and/or Bicycle Trail Access. The property owner/developer shall ensure that provisions are made for safe and convenient pedestrian circulation systems between all land uses and buildings and shall provide continuity of public access to adjoining properties and other pedestrian systems as set forth in DCC Section 18.16.150.
I. Interior Road and Access. Ingress and egress from a state highway or a major arterial is prohibited to lots, parcels or tracts of property located within an industrial district except as provided by a public road intersection approved by the county engineer and WSDOT as appropriate. Access to parcels, tracts or lots in the I-G district shall be provided by an interior road right-of-way. The interior road right-of-way shall be designed to facilitate traffic circulation through the entire industrial district. Development of the interior road system may also include local, private, or public roads connecting to the interior road to ensure efficient access to all areas of the industrial district. All roads shall be designed and constructed to the specifications of the DCC and the county engineer.
Exhibit B
Douglas County Code Chapter 18.60 I-G GENERAL INDUSTRIAL DISTRICT Page 11/11
J. Development within the general industrial district in the Pangborn Industrial Service Area must provide verification that the applicant has satisfied the provisions of a notice of proposed construction to the FAA, 7460-1, prior to permit issuance.
K. Usage of Cargo Containers.
1. Cargo containers must only be used as accessory to a permitted structure.
2. Cargo containers must be placed outside of access and utility easements, setbacks, rights-of-way, and on-site septic systems.
3. Cargo containers may be used as storage on construction sites; provided, there is an active project occurring and the containers are removed once the work is complete.
4. Cargo containers must not be used as fencing.
5. Stacking of cargo containers is prohibited.
6. Storage of hazardous materials within cargo containers is prohibited, unless approved by the fire marshal.
7. Any modification to a cargo container must comply with current building codes.
8. Cargo containers must be placed on level ground or a concrete/asphalt pad.
9. Cargo containers must complement the appearance of the primary use, including, without limitation, paint color. (Ord. TLS 21-06-19B Exh. B; Ord. TLS 19-12-31C Exh. B (part): Ord. TLS 12-04-06B Exh. B (part): Ord. TLS 07-01-01G Exh. B (part): Ord. TLS 00-02-06 Exh. B (part): Ord. TLS 97-10-71B Exh. F (part))