HomeMy WebLinkAbout2023-06, amending EWMC 15.44 Flood Hazard AreasCity of East Wenatchee Ordinance 2023-06 and Exhibit A
Page 1 of 5
City of East Wenatchee, Washington
Ordinance No. 2023-06
An Ordinance of the City of East Wenatchee amending EWMC 15.44 Flood Hazard Areas, containing a severability clause, and establishing an effective date.
Una ordenanza de la ciudad de East Wenatchee que modifica EWMC 15.44 Áreas de riesgo de inundación, que contiene una cláusula de separación 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 la Administradora Municipal 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.
2.2. On December 9, 2022 the proposed amendments were transmitted to the Washington State Department of Commerce for 60-day review as required by RCW 36.70A.106. The comment period ended on February 10, 2023. No comments were received.
2.3. On February 22, 2023, the East Wenatchee Planning Commission held an open-record public hearing and voted unanimously (6-0_ to recommend that the City Council adopt the proposed amendments to EWMC 15.44 Flood Hazard Areas.
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.
4. Purpose. The purpose of this ordinance is to update EWMC 15.44 to be consistent with the FEMA Model Ordinance for Washington State.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS:
5. Amendments. The City Council amends EWMC Section 15.44 Flood Hazard Areas as set forth in Exhibit A.
City of East Wenatchee Ordinance 2023-06 and Exhibit A
Page 2 of 5
6. 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.
6.1. FINDINGS OF FACT
6.1.1. Amendments are proposed to chapter 15.44 of the East Wenatchee Municipal Code to bring the city’s flood hazard code into compliance with the Washington State Model Flood Damage Prevention Ordinance (Revised 12/9/2019).
6.1.2. The proposal will be applicable to properties within the city of East Wenatchee.
6.1.3. East Wenatchee has adopted a Comprehensive Plan pursuant to the Growth Management Act (GMA) and RCW 36.70A.
6.1.4. RCW Chapters 36.70 and 36.70A authorize the adoption of amendments to city’s development regulations.
6.1.5. Flood Hazard Areas regulations that are consistent with the FEMA Model Ordinance for Washington State meets the requirement for best available science for frequently flooded areas.
6.1.6. On August 30, 2022, Federal Emergency Management Agency staff performed a Community Assistance Contact (CAC) to review and discuss the city’s participation in the National Flood Insurance Program (NFIP). A CAC is a telephone call or brief visit to a community to establish or re-establish contact with a community and determine if any problems or issues exist and to offer community assistance if needed. During this visit, FEMA staff determined that our local flood hazard ordinance requires revisions in order to be compliant with the current FEMA Model Ordinance for Washington State.
6.1.7. 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 9, 2022. The comment period ended on February 10, 2023.
6.1.8. The City of East Wenatchee initiated a 60-day comment period as required by RCW 36.70A.106 on December 9, 2022. The comment period concluded on February 10, 2023.
6.1.9. Notice of the planning commission’s public hearing was posted on the City’s website.
6.1.10. Advertisement of the planning commission’s public hearing was published in the Wenatchee World on February 10, 2023.
City of East Wenatchee Ordinance 2023-06 and Exhibit A
Page 3 of 5
6.1.11. The East Wenatchee Planning Commission held a duly advertised open-record public hearing on February 22, 2023.
6.1.12. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated by this reference.
6.2. CONCLUSIONS
6.2.1. The proposal is consistent with and implements the goals and policies in the Greater East Wenatchee Area Comprehensive Plan.
6.2.2. Approval of the proposal will not be detrimental to the public health, safety, and general welfare.
6.2.3. Proper legal requirements of RCW 36.70A.106 and Title 19 EWMC were met and the community and state agencies were given the opportunity to comment on the proposal during the public comment period and at a public hearing.
6.2.4. It is the determination of the 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 that an environmental impact statement is not required to be prepared for this project.
6.2.5. The proposed amendments have been processed in a manner consistent with the requirements of the Revised Code of Washington and the Washington Administrative Code.
6.2.6. The planning commission has reviewed the entire record including the requirements of the Growth Management Act, the goals and policies of the comprehensive plan and public testimony as it relates to the proposed amendments to the city’s development regulations.
6.2.7. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated by this reference.
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. 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.