HomeMy WebLinkAboutOrdinance 2024-02, EWMC AmendmentsCity of East Wenatchee Ordinance 2024-02 and Exhibit A
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City of East Wenatchee, Washington
Ordinance No. 2024-02
An Ordinance of the City of East Wenatchee amending EWMC Section
17.24.030(F) Pool fencing, 17.72.190 Accessory Dwelling Units, and
19.11 Definitions, containing a severability clause, and establishing an
effective date.
Una ordenanza de la ciudad de East Wenatchee que modifica las cercas
de la sección 17.24.030(F) de EWMC, las unidades de vivienda
accesorias 17.72.190 y las definiciones 19.11, que contiene una cláusula
de divisibilidad 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 October 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. As a minor amendment, expedited review was
requested in lieu of the standard 60-day comment period. Expedited
review was granted by the WA Department of Commerce in November 8,
2023. No comments from state agencies were received.
2.3. On December 13, 2023, the East Wenatchee Planning Commission held an
open-record public hearing and deliberated the merits of the proposal.
The planning commission voted unanimously (5-0) to recommend that the
City Council adopt the proposed amendments to EWMC 17.24.030
removing the mandatory pool fence requirements. The planning
commission voted unanimously (5-0) to table the matter of Accessory
Dwelling amendments to the next meeting so that Commissioner Jessup
can attend.
2.4. On January 24, 2024, the East Wenatchee Planning Commission took up
the discussion regarding proposed amendments for accessory dwellings
(EWMC 17.72.190 and EWMC 19.11 Definitions). The planning
commission forwarded a recommendation of approval with a vote of 4-2.
City of East Wenatchee Ordinance 2024-02 and Exhibit A
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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 amend EWMC Section
17.24.030(F) Fences, 17.72.190 Accessory Dwelling Units, and 19.11
Definitions.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS
FOLLOWS:
5. Amendments. The City Council amends EWMC Section 17.24.030(F) Fences,
17.72.190 Accessory Dwelling Units, and 19.11 Definitions as set forth in
Exhibit A.
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 three sections of the East Wenatchee
Municipal Code; 17.24.030(F) Fences, 17.72.190 Accessory Dwelling
Units (ADU), and 19.11 Definitions. The proposed fencing
amendment would remove the mandatory zoning requirement for
fences around a swimming pool. The proposed amendments to the
ADU and Definitions section of the code revise how ADU’s are
regulated in order to be consistent with new state legislation
(Engrossed House Bill 1337).
6.1.2. The proposal will be applicable to properties within the city of East
Wenatchee.
6.1.3. The City of East Wenatchee and Douglas County have adopted the
Greater East Wenatchee Area Comprehensive Plan pursuant to the
Growth Management Act (GMA) and RCW 36.70A which covers the
City and Douglas County unincorporated areas within the East
Wenatchee Urban Growth Area.
6.1.4. RCW Chapters 36.70 and 36.70A authorize the adoption of
amendments to city’s development regulations.
6.1.5. The proposed amendments were reviewed by the city council at a
public workshop on August 10, 2023, and by the planning commission
at a public workshop on October 25, 2023.
6.1.6. Public comment was received from the following individuals:
City of East Wenatchee Ordinance 2024-02 and Exhibit A
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6.1.6.1. Shane Sanders: Mr. Sanders provided comment that he would
like the ADU regulations to not require an off-street parking
space.
6.1.6.2. Chris and Ashlee Davis: Mr. and Mrs. Davis have provided
comment in support of removing the mandatory pool fencing
requirement in the zoning code.
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 October 6,
2023. The comment period ended on October 20, 2023.
6.1.8. The City of East Wenatchee initiated a 60-day comment period as
required by RCW 36.70A.106 and requested expedited review on
October 9, 2022. The WA Department of Commerce granted
expedited review on November 8, 2023.
6.1.9. The planning commission is responsible for long-range planning
matters and providing implementation recommendations to assure
compliance with the GMA
6.1.10. Notice of the planning commission’s public hearing was posted
on the City’s website and distributed through the City’s social media.
6.1.11. Advertisement of the planning commission’s public hearing was
published in the Wenatchee World on December 2, 2023.
6.1.12. The East Wenatchee Planning Commission held a duly
advertised open-record public hearing on December 13, 2023.
6.1.13. 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.
10. Effective Date. This Ordinance becomes effective immediately.
17.24.030 Accessory uses.
Subject to the dimensional standards set forth in EWMC 17.24.050, the following uses
shall be accessory uses in the R-L district:
A. Attached or detached accessory buildings and structures clearly incidental to the
residential use of the lot, such as the storage of personal property, including private
garages;
B. Family day care home as defined in EWMC 19.11.040(B);
C. Not more than a total of eight cars, trucks, or recreational vehicles per dwelling unit
may be parked outside of a building on any lot. Said vehicles shall be parked to the rear
of the front yard setback line, except when parked in the driveway. For purposes of this
section, “recreational vehicles” shall mean any travel trailers, truck campers, tent
trailers, motor homes, snowmobiles, boats or jet skis, utility trailers for hauling materials
or recreational vehicles, and similar equipment;
D. Fences as provided for in EWMC 17.72.160;
E. Covered Patios.
1. A freestanding covered patio must meet the standards of this title. If the cover
over the patio is attached to a dwelling or within six feet of the dwelling it is to be
considered as part of that dwelling for the purposes of determining the setback for
the dwelling;
2. Height limit: 10 feet for a detached structure with a flat roof; provided, however,
that a fireplace flue may extend beyond the maximum height limit to a height of not
over 13 feet; in all other cases the roof height shall not exceed the provisions of
EWMC 17.24.050(D);
3. Area limit: Must not exceed the provisions of EWMC 17.24.050(E);
F. Swimming Pools: .
1.All pools must be located behind the front yard setback line and maintain at least a
five-foot setback from all side and rear property lines;
2. All pools and the yard or area around them must be enclosed by a fence/barrier
of not less than 48 inches in height meeting the requirements established in the
Uniform Building Code for Barriers for Swimming Pools, Spas and Hot Tubs, as the
same now exists or may be amended as adopted in Chapter 15.04 EWMC and the
following general provisions:
a. Such fence/barrier shall be constructed and maintained as to prevent, within
reason, any person from gaining access beneath, over, or through said
fence/barrier;
b. Gates or doors to the pool area shall be of the same height as the
fence/barrier and substantial in construction;
Exhibit A
c. All gates or doors shall be equipped with self-closing mechanisms and
devices for locking, and shall be kept locked at all times the pool is unguarded,
unattended or not in use;
G. Large satellite dish, amateur radio tower, or attached wireless communication facility
subject to the provisions of Chapter 17.70 EWMC, as the same now exists or may
hereafter be amended;
H. Accessory dwelling units pursuant to the provisions of EWMC 17.72.190, as the
same exists now or may hereafter be amended;
I. The keeping and raising of farm animals, livestock and poultry, as specified in EWMC
17.72.200; provided, that no commercial structure shall be constructed or maintained on
the premises;
J. Home occupations as specified in Chapter 17.66 EWMC.
Exhibit A
17.72.190 Accessory Dwelling Units
Accessory dwelling units are permitted within residential zoning districts. Accessory
dwelling units shall be on the same lot as the primary residence and shall meet the
following provisions:
A. Only one accessory dwelling unit shall be permitted per lot;
B. The owner of the property on which the accessory dwelling unit is located shall reside
in either the primary unit or the accessory unit. “Owner” shall include title holders and
contract purchasers;
C. One off-street parking space in addition to off-street parking spaces required for the
primary dwelling shall be provided for use by the accessory dwelling;
D. The accessory dwelling unit shall comply with the minimum requirements of
applicable city zoning and construction codes, health district, and all other local, state
and federal agencies;
E. The city may require the recording of title notices as appropriate to disclose the
circumstances and conditions of an authorized accessory dwelling use;
F. An accessory dwelling may be established in either an existing or a new residence;
G. Only one home occupation permit shall be permitted on any lot containing an
accessory dwelling;
H. Attached accessory dwelling units shall meet the following provisions:
1. The accessory dwelling unit size shall not exceed the gross floor area of the
primary dwelling unit and shall not exceed 1,200 square feet in area;
2. The minimum lot area shall be 8,000 square feet;
3. An outside exit for the accessory dwelling must be provided; and
4. Exterior alterations or additions for the accessory dwelling shall be consistent
with the design of the primary residence including matching materials, colors,
window style, and existing facade.
I. Detached accessory dwelling units shall meet the following provisions:
1. The minimum lot area shall be equal to or greater than 10,000 square feet;
2. The accessory dwelling unit shall not exceed 1,200 square feet in area
excluding any related garage or carport area;
3. The accessory dwelling shall meet the minimum provisions set forth in EWMC
15.38.030, except EWMC 15.38.030(F), unless the property is divided in
accordance with EWMC Title 16; and
4. The location, design and construction of the accessory dwelling shall be
completed in a manner that will facilitate the eventual division of the property into
two or more lots. General provisions that apply include access, building setbacks,
lot coverage, and road improvements. Separate title to the accessory dwelling site
shall be transferred only after the lot is divided in conformance with the provisions
of EWMC Title 16 for land divisions. (Ord. 16-12 § 9, 2017; Ord. 07-05 § 7, 2007;
Ord. 05-07 § 4, 2005)
A. The purposes of this section are to: (1) provide homeowners with flexibility in
establishing separate living quarters within or adjacent to their homes for caring for
seniors, providing housing for their children or obtaining rental income; (2) increase the
range of housing choices and the supply of accessible and affordable housing.
Exhibit A
B. Applicability: Detached, attached, and interior accessory dwelling units (ADUs) shall
be permitted within all residential and mixed-use zoning districts.
C. Development Standards: ADUs shall comply with the following standards:
1. Two ADU’s are permitted on a lot in addition to the primary dwelling unit. ADUs
are exempt from the density requirements of the underlying zone.
2. Minimum lot size: ADUs may be established on any legally established lot or
parcel provided the standards of this section are met.
3. Maximum unit size: 1,200 square feet.
4. Minimum unit size: The gross floor area of an ADU shall not be less than the
requirements of the Washington State Building Code.
5. One off-street parking space per accessory dwelling shall be provided in addition
to the off-street parking spaces for the primary dwelling shall be provided.
6. ADU’s shall meet the maximum building height, maximum land coverage and
minimum setback standards of the zoning district for the property with the
following exception:
a) Detached ADU’s may be built on a property line if that property line abuts a
public alley unless the city routinely plows snow in that alley.
D. Only one home occupation permit shall be permitted on any lot containing an
accessory dwelling.
E. ADUs used as short-term rentals.
1. A short-term rental shall not be operated on any property where an ADU has
been constructed using the City’s pre-approved ADU plans program.
Exhibit A
19.11.020 A definitions.
“Accessory dwelling” means a second dwelling unit that is subordinate to and located on
the same lot as a primary dwelling unitresidence and with provisions for independent
cooking, living, sanitation, and sleeping. Accessory dwellings may be incorporated
within or detached from a primary single-family residence.
“Accessory dwelling – attached” means an accessory dwelling that is physically
attached to the primary dwelling.
“Accessory dwelling – detached” means an accessory dwelling that is not physically
attached to the primary dwelling. A detached accessory dwelling may be attached to a
accessory building such as a garage.
Accessory dwelling – interior” means an accessory dwelling that is constructed within
the existing building envelope of the primary dwelling. An interior accessory dwelling
may or may not have a separate exterior entrance. If a separate exterior entrance is not
provided then the accessory dwelling must have a interior entrance capable of being
secured.
19.11.200 S definitions
“Short Term Rental” means temporary lodging for charge or a fee at a dwelling for a
rental period of less than one month, or less than thirty continuous days if the rental
period does not begin on the first day of the month.
Exhibit A