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HomeMy WebLinkAbout2023-51, Application denial for 842 N. Devon AveCity of East Wenatchee Resolution No. 2023-51 Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A- 16 Rev. 1). Page 1 of 5 City of East Wenatchee, Washington Resolution No. 2023-51 A Resolution of the City of East Wenatchee, Washington, denying CPAZC-2023-01 an application to amend the Land Use Designation Map of the Greater East Wenatchee Area Comprehensive Plan and the Official Zoning Map of the City of East Wenatchee to change the designation of certain property from Residential Low to Residential High Density/Office. 1. Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con la Administradora Municipal al alternateformat@eastwenatchee.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@eastwenatchee.gov, at (509) 884-9515, or at 711 (TTY). 2. Authority. 2.1. The City of East Wenatchee is a non-charter code City duly incorporated and operating under the laws of the State of Washington. 2.2. RCW 35.11.020 and RCW 35A.12.190 authorize the City of East Wenatchee (“City Council”) to organize and regulate its internal affairs. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: Section 1: Purpose. A Resolution of the City of East Wenatchee, Washington, denying CPAZC-2023-01 an application to amend the Land Use Designation Map of the Greater East Wenatchee Area Comprehensive Plan and the Official Zoning Map of the City of East Wenatchee to change the designation of certain property from Residential Low to Residential High Density/Office. Section 2: 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. Section 3: Effective Date. This resolution becomes effective immediately. 3. Recitals. 3.1 The East Wenatchee Planning Commission held a public hearing on August 23, 2023 to consider a proposed comprehensive plan map amendment to change the designation of subject property from Residential Low to Residential High/Office (City File CPA/ZC 2023- 01). The proposed map amendment received a recommendation of approval from the East Wenatchee Planning Commission. Votes in favor Commissioners Brown, Hewitt, Birks, and Larsen. Opposed – Commissioner Jessup. City of East Wenatchee Resolution No. 2023-51 Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A- 16 Rev. 1). Page 2 of 5 3.2 On September 5, 2023, the East Wenatchee City Council rejected the Planning Commission’s recommendation for approval to amend the Land Use Designation Map of the Greater East Wenatchee Area Comprehensive Plan and the Official Zoning Map of the City of East Wenatchee to change the zoning of certain property from Residential Low to Residential High Density/Office. 3.3 The City Council held a public hearing on October 3, 2023 to further deliberate and consider other options for a final decision. 4. Findings of Fact and Conclusions of Law. The City Council adopts the findings of fact and conclusion of law as set forth below: 4.1 Findings of Fact 4.1.1 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 1 parcel totaling 0.52 acres from Residential Low to Residential High Density/Office. The subject property is adjacent to property already zoned Residential High Density/Office. 4.1.2 The subject area includes 1 parcel located between located between 8th Pl. NE and N Devon Ave. 4.1.3 The following property included in the rezone area: • Tax Parcel Number: 44100000800 Location: 842 N Devon Ave. Owners: Braden and Jessica Draggoo 4.1.4 The subject property is within the study area of the Greater East Wenatchee Area Comprehensive Plan and is designated as suitable for Residential Low (R-L) density development. The subject property is adjacent to an existing Residential High Density/Office land use classification and zoning district. 4.1.5 Chapter 19.06 of the EWMC outlines the process for amending the comprehensive plan and/or the zoning ordinance. The proposal was processed in accordance with those requirements. 4.1.6 A Notice of Availability was issued on June 22, 2023. Notice was placed with the Wenatchee World. No comments were received. 4.1.7 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 June 22, 2023 with a 14-day comment period. No comments were received indicating that the proposal would have a probable significant adverse impact on the environment. City of East Wenatchee Resolution No. 2023-51 Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A- 16 Rev. 1). Page 3 of 5 4.1.8 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. 4.1.9 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 June 20, 2023. No comment was received. 4.1.10 Advertisement of the Planning Commission’s public hearing was published in the Wenatchee World on August 10, 2023. 4.1.11 Notice of Public Hearing was mailed to all property owners within 300 feet of the proposed rezone area on August 10, 2023. 4.1.12 The City of East Wenatchee Planning Commission conducted an advertised public hearing on August 23, 2023. The planning commission entered into the record the files on this amendment, accepted public testimony, and deliberated the merits of the proposal. 4.1.13 Public Testimony was taken at the planning commission hearing. Public comment was received from two neighboring properties to the subject property: Micah Cawdry, 860 N Devon, gave testimony speaking on the history of his property and why he was against the parcel zone change. The property owner presented concerns with the potential increasing of density with additional housing and residents, limited vehicular access, and cultural displacement within the neighborhood. Tonee Jackson, 874 N Devon, gave testimony speaking on the history of her property and why she was against the parcel zone change. The property owner stated that the value of the surrounding properties could be impacted, there are concerns with increasing density, and cultural displacement within the neighborhood. City of East Wenatchee Resolution No. 2023-51 Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A- 16 Rev. 1). Page 4 of 5 4.1.14 The Greater East Wenatchee Area Comprehensive Plan states that, under Residential High/Office land use, “urban governmental services and infrastructure must be available at the time of development or there must be a plan in place, with funding, to ensure that a full range of urban governmental services is available to serve the development”. Under RCW 36.70A.030(43), Urban governmental services is defined as those public services and public facilities at an intensity historically and typically provided in cities, specifically including storm and sanitary sewer systems, domestic water systems, street cleaning services, fire and police protection services, public transit services and other public utilities associated with urban areas and normally not associated with rural areas. It has been said that the area proposed for Residential High/Office use does not have necessary services such as stormwater drainage or fire hydrants. Without storm drains or fire hydrants on the street in question, and no emergency vehicle turnarounds, the subject property does not seem to be served by the full range of urban services. There is a reasonable probability that a change in the land use designation will have more than a moderate effect on the environment. Additionally, it must be remembered the current members of the neighborhood are in complete opposition to this proposal. 4.1.18 Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated by this reference. 4.2 Conclusions of Law: 4.2.1 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 an environmental impact statement is not required to be prepared for this project. 4.2.2 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. 4.2.3 The proposed amendment is inconsistent with the Greater East Wenatchee Area Comprehensive Plan, East Wenatchee Municipal Code and the Growth Management Act. 4.2.5 Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated by this reference.