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HomeMy WebLinkAbout2022-06 - Amending the Official Zoning Map of the City of East Wenatchee to change the zoning of certain property from Residential Medium to Residential High Density/Office - 3/15/2022City of East Wenatchee, Washington Ordinance No. 2022-06 An Ordinance of the City of East Wenatchee amending the Official Zoning Map of the City of East Wenatchee to change the zoning of certain property from Residential Medium to Residential High Density/Office, containing a severability clause, and establishing an effective date. Una Ordenanza de la Ciudad de East Wenatchee que modifica el Mapa Oficial de Zonificación de la Ciudad de East Wenatchee para cambiar la zonificación de ciertas propiedades de residencial media a residencial de alta densidad/oficina, contiene una cláusula de separabilidad y establece una fecha de vigencia. 1. Alternate format. 1.1. Para leer este documento en otro formato alternativo (español, Braille, leer en voz alta, etc.), comuníquese con el secretario de la ciudad al alternatformat@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.), please contact the City Clerk at alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711 (TTY). 2. Recitals. 2.1. The City of East Wenatchee (“City”) is a non-charter code City duly incorporated and operating under the laws of the State of Washington; and 2.2. The East Wenatchee Planning Commission held a public hearing on February 22, 2022 to consider a proposed zoning map amendment to change the zoning of subject property from Residential Medium to Residential High/Office (City File CPA/ZC 2021-01). The proposed map amendment received a recommendation of approval from the East Wenatchee Planning Commission with a unanimous vote in favor (Brown, Birks, Jessup, Merz, Larsen, Hewitt). 3. Authority. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: 4. Purpose. The purpose of this ordinance is to amend the Official Zoning Map of the City of East Wenatchee to change zoning from Residential Medium to Residential High Density/Office. City of East Wenatchee Ordinance 2022-06 Page 2 of 7 5. Property Identification. The properties included in this application are the following 9 parcels: 40100003303, 40100003304, 40100003309, 40100003310, 40100003311, 40100003312, 40100003313, 40100003314, and 40100003315. 6. Amendment. The City Council accepts the recommendation of the East Wenatchee Planning Commission and adopts the amendment to the City of East Wenatchee Area Zoning Map as depicted on Exhibit A to this Ordinance and incorporated by this reference. 7. 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: 7.1. Findings of Fact 7.1.1. An application for an amendment to the Greater East Wenatchee Area Comprehensive Plan land use designation map and the official zoning map to change the designation of 9 parcels totaling 7.24 acres from Residential Medium to Residential High Density/Office. The subject property is adjacent to property already zoned Residential High Density/Office. 7.1.2. The subject area includes 9 parcels located between 5th and 3rd Streets NE and between N Colorado Ave. and N Baker Ave. 7.1.3. The following 9 properties are included in the rezone area:  Tax Parcel Number: 40100003303 Location: 490 N Colorado Ave. Owner: Alan and Charlotte Hunter  Tax Parcel Number: 40100003304 Location: 480 N Colorado Ave. Owner: John Hickey  Tax Parcel Number: 40100003309 Location: 256 5th St NE Owner: Darren and Madeleine Smith  Tax Parcel Number: 40100003310 Location: 240 5th St NE Owner: Darren and Madeleine Smith  Tax Parcel Number: 40100003311 Location: 230 5th St NE Owner: Jesus and Celia De La Cruz  Tax Parcel Number: 40100003312 Location: 234 5th St NE Owner: Poltz Rentals LLC  Tax Parcel Number: 40100003313 Location: 451 N Baker Ave Owner: North Baker Property LLC  Tax Parcel Number: 40100003314 Location: 410 N Colorado Ave Owner: SKIL LLC  Tax Parcel Number: 40100003315 Location: 445 N Baker Ave Owner: Orendain Perez and Kristen Bladimir. 7.1.4. The subject property is within the study area of the Greater East Wenatchee Area Comprehensive Plan and is designated as suitable for City of East Wenatchee Ordinance 2022-06 Page 3 of 7 Residential Medium (R-M) density development. The subject property is adjacent to an existing Residential High Density/Office land use classification and zoning district. 7.1.5. The subject property is served with a full-range of urban services. Two of the three boundary streets for the subject area are classified Major Collector and are fully improved with curb, gutter and sidewalk. 7.1.6. The predominant land use pattern in the area is that high density residential zoning is located adjacent to the central business district. This proposal will follow that existing pattern. 7.1.7. The proposed change in the zoning and comprehensive plan land use designation for the subject properties is consistent with and implements the goals and policies in the comprehensive plan. 7.1.8. Chapter 17.100 and Chapter 19.08 of the EWMC outline the process for amending the comprehensive plan and/or the zoning ordinance. The proposal was processed in accordance with those requirements. 7.1.9. A Notice of Application was issued on October 7, 2021. Notice is placed with the Wenatchee World and mailed to property owners within 300 feet of the rezone area. Comment period for the Notice of Application ended on October 21, 2021. 7.1.10. A threshold determination and environmental review pursuant to RCW 43.21C the State Environmental Policy Act was completed and a Determination of Non-significance was issued on December 8, 2021 with a 14-day comment period. No comments were received indicating that the proposal would have a probable significant adverse impact on the environment. 7.1.11. The City of East Wenatchee has adopted a Comprehensive Plan pursuant to the Growth Management Act (GMA), RCW Chapter 36.70A, which is a generalized, coordinated land use policy statement of the City. 7.1.12. RCW 36.70A.106 requires submittal of amendments to comprehensive plans and development regulations to the Washington State Department of Commerce – Growth Management Services and other state and local agencies for a 60-day review. The proposal was submitted to Commerce on December 9, 2021. The review period terminated on February 7, 2022. 7.1.13. Comment was received from Richard Stilwater, 405 Colorado Ave during the notice of application period. 7.1.14. Comment was received from the WA State Department of Transportation during the 60-day review period. City of East Wenatchee Ordinance 2022-06 Page 4 of 7 7.1.15. Advertisement of the Planning Commission’s public hearing was published in the Wenatchee World on February 10, 2022. 7.1.16. Notice of Public Hearing was mailed to all property owners within 300 feet of the proposed rezone area on February 9, 2022. 7.1.17. The City of East Wenatchee Planning Commission conducted an advertised public hearing on February 22, 2022. The planning commission entered into the record the files on this amendment, accepted public testimony, and deliberated the merits of the proposal. 7.1.18. Public Testimony was taken at the hearing. The main concerns expressed were: Richard Stilwater, 405 Colorado Ave – Traffic speed on Colorado Ave., pedestrian safety, headlights from vehicles leaving a new development, and general light levels increasing in the area. 7.1.19. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated by this reference. 7.2. Conclusions of Law: 7.2.1. It is the determination of the responsible lead agency that no more than a moderate effect on the environment is a reasonable probability as a result of the proposed action. The proper exercise of the threshold determination process as required by WAC 197-11 is than an environmental impact statement is not required to be prepared for this project. 7.2.2. Proper legal requirements of RCW 36.70A.106 and Chapter 17.100 EWMC were met and the community was given the opportunity to comment on the proposal at a duly noticed open record public hearing. 7.2.3. The proposed amendment is consistent with the requirements of the Revised Code of Washington and the Washington Administrative Code. 7.2.4. The proposed amendment is consistent with the Greater East Wenatchee Area Comprehensive Plan, East Wenatchee Municipal Code and the Growth Management Act. 7.2.5. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated by this reference. 8. 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. 9. 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. City of East Wenatchee Ordinance 2022-06 Page 7 of 7 Exhibit A