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HomeMy WebLinkAboutOrdinance 2023-10, CPAZC 2023-02City of East Wenatchee, Washington Ordinance No. 2023-10 An Ordinance of the City of East Wenatchee amending the Land Use Designation Map of the Greater East Wenatchee Area Comprehensive Plan, containing a severability clause, and establishing an effective date. Una Ordenanza de la Ciudad de East Wenatchee que modifica el Mapa de Designación de Uso de la Tierra del Plan Integral del Área Metropolitana de East Wenatchee, que contiene una cláusula de divisibilidad y establece una fecha de entrada en vigor. 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 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.), 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 August 23, 2023, to consider the proposed comprehensive plan map amendments to change the land use designations on 4 properties (City File CPA/ZC 2023-02). The proposed map amendment received a recommendation of approval from the East Wenatchee Planning Commission with a unanimous vote in favor (Brown, Birks, Jessup, 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 Land Use Designation Map of the Greater East Wenatchee Area Comprehensive Plan. City of East Wenatchee Ordinance 2023-10 Page 2 of 6 5. Property Identification. The properties included in this application are the following 9 parcels: 22210830055, 22210830056, 75000000300, 75000000400, 73400010205, 22210610004, 22210610003, 22210610004, 22210610005. 6. Amendment. The City Council accepts the recommendation of the East Wenatchee Planning Commission and adopts the amendment to the Greater East Wenatchee Area Comprehensive Plan Land Use Designation 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 The proposal is to adopt amendments to the Greater East Wenatchee Land Use Designation Map within the unincorporated portion of the urban growth area adopted and forwarded to the City by Douglas County. 7.1.2 In 2022, Douglas County approved four applications to change the land use designations and zoning on properties located within the unincorporated portion of the East Wenatchee Urban Growth Area. The County processed the applications and on June 20, 2023 the Board of Douglas County Commissioners took action to approve the five applications. 7.1.3 The following 9 properties are included in the amendment areas: • Douglas County Ordinance TLS 23-07-34B Tax Parcel Numbers: 22210830055, 22210830056 Amend: Low Residential (R-L) to Medium Residential (R-M). 4.68 acres • Douglas County Ordinance TLS 23-07-34C Tax Parcel Numbers: 75000000300, 75000000400 Amend: Medium Residential (R-M) to Office High Residential (R-H) 20 acres • Douglas County Ordinance TLS 23-07-34D Tax Parcel Number: Portion of 73400010205 Amend: Low Residential (R-L) to Medium Residential (R-M) 1 acre • Douglas County Ordinance TLS 23-07-34F Tax Parcel Numbers: 22210610004, 22210610003, 22210610004, 22210610005 Amend: Mixed Use (MU) to Medium Residential (R-M) 102 acres City of East Wenatchee Ordinance 2023-10 Page 3 of 6 7.1.4 The subject properties are within the study area of the Greater East Wenatchee Area Comprehensive Plan. 7.1.5 RCW Chapters 36.70 and 36.70A authorize the adoption of amendments to the comprehensive plan and development regulations. 7.1.6 Policy C-3 of the Douglas County Regional Policy Plan requires that the county and cities/towns collaborate on and adopt consistent regulations and development standards for areas located within the urban growth areas. 7.1.7 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. 7.1.8 Chapter 19.06 of the EWMC outline the process for amending the comprehensive plan. The proposal was processed in accordance with those requirements. 7.1.9 Douglas County is SEPA Lead Agency for these comprehensive plan amendments. Douglas County issued a Determination of Non-Significance pursuant to RCW 43.21C the State Environmental Policy Act on December 15, 2022. 7.1.10 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. Douglas County initiated a joint county/city 60-day review on December 15, 2022. The review period terminated on February 13, 2023. 7.1.11 Douglas County approved the comprehensive plan map amendments by adopting Ordinances TLS 23-07-34B, TLS 23-07-34C, TLS 23-07-34D, and TLS 23-07-34F on June 20, 2023. 7.1.12 Advertisement of the Planning Commission’s public hearing was published in the Wenatchee World on August 10, 2023. 7.1.13 Notice of Public Hearing was mailed to the property owners August 10, 2023. 7.1.14 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. 7.1.15 The proposed changes to the comprehensive plan land use designations for the subject properties are consistent with and implements the goals and policies in the comprehensive plan. City of East Wenatchee Ordinance 2023-10 Page 4 of 6 7.1.16 No public testimony was taken at the hearing. 7.2. Conclusions of Law: 7.2.1 Proper legal requirements of RCW 36.70A.106 and Chapter 19.06 EWMC were met and the community was given the opportunity to comment on the proposal at a duly noticed open record public hearing. 7.2.2 The proposed amendment is consistent with the requirements of the Revised Code of Washington and the Washington Administrative Code. 7.2.3 The proposed amendment is consistent with the Greater East Wenatchee Area Comprehensive Plan, East Wenatchee Municipal Code and the Growth Management Act. 7.2.4 Any Finding of Fact that is more correctly a Conclusion of Law 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. 10 Effective Date. This Ordinance becomes effective five days after the date its summary is published. Exhibit A Rezone Residential Low to Residential Medium Exhibit A Rezone Residential Medium to Residential High Density/Office Exhibit ARezone Residential Low to Residential Medium Exhibit A Rezone Mixed Use to Residential Medium